New South Wales Consolidated Acts

SNOWY HYDRO CORPORATISATION ACT 1997 - SECT 37

37 Lease, licence etc under NPW Act for Snowy hydro undertaking

(1) The power to grant a lease, licence, easement or right of way under Part 12 of the NPW Act over the Kosciuszko National Park or any other land reserved or dedicated under the NPW Act may be exercised for the purposes of, or in connection with:

(a) the existing Scheme development within the meaning of Part 7, or

(b) any other thing related to the exercise of the rights, or the discharge of obligations, under the Snowy water licence or the plan of management for the Kosciuszko National Park.

(2) The Snowy Hydro Company is entitled, on the corporatisation date, to such a grant by the Minister administering the NPW Act for the purposes of, and in connection with, the existing Scheme development within the meaning of Part 7 (called the "Snowy park lease").

(3) The term of the Snowy park lease is to be 75 years.

(4) Except as provided by an Act:

(a) the Snowy park lease may not be renewed, and

(b) a further lease may not be granted (unless it is granted on the revocation of the lease and its term does not exceed the balance of the term of the revoked lease).

(5) The Snowy park lease may contain provisions for its variation or revocation.

(6) The Snowy park lease is to make provision for public access to those stored waters of the Snowy Mountains Hydro-electric Scheme that have been previously available for public recreation.

(7) The Minister administering the NPW Act may transfer the Snowy park lease from the Company to another body if that Minister is authorised to revoke the lease or the Company agrees to that transfer. In that case, a reference in this Act to the Company in connection with the lease is to be construed as a reference to that other body.

(8) The Minister administering the NPW Act is required to transfer the Snowy park lease, while the Company is wholly government-owned, in accordance with any direction of the shareholders in the Company. The Company is wholly government-owned if all the shares in the Company are held by the Commonwealth, the State of New South Wales or the State of Victoria.

(9) The Snowy park lease may be granted despite section 153A of the NPW Act.