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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
MEANDER DAM PROJECT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Act binds Crown
5. Reinstatement of dam permit, &c.
6. Implementation of project
7. Water licence and water allocation
8. Adjustment of State forest, &c.
9. Project is taken to meet and further certain objectives
10. Act prevails over other laws, &c.
11. Regulations
12. Administration of Act
[Bill 29]-III
2
MEANDER DAM PROJECT BILL 2003
This Public Bill originated in the House of Assembly, and, having this day
passed, is now ready for presentation to the Legislative Council for its
concurrence.
P. R. ALCOCK, Clerk of the House
10 April 2003
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to enable a dam project to proceed on the
Meander River in order to provide better irrigation
for the development of agriculture in northern
Tasmania, and for related and subsidiary purposes
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Meander Dam Project Act
2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 29] 3
s. 3 No. Meander Dam Project 2003
Interpretation
3. (1) In this Act
"Commission" means the Rivers and Water Supply
Commission, being the body continued in
existence by section 4 of the Rivers and Water
Supply Commission Act 1999;
"dam permit" means the permit authorising the
construction of the dam for the Meander Dam
project granted by the Assessment Committee
(in accordance with section 157 of the Water
Management Act 1999) as, if applicable, from
time to time amended;
"environment protection notice" means the
environment protection notice in respect of the
Meander Dam project issued by the Director
on 10 October 2002 (in accordance with
sections 27 and 44(1)(a) of the Environmental
Management and Pollution Control Act 1994)
as, if applicable, from time to time amended;
"HEC" means the Hydro-Electric Corporation, being
the body continued in existence by section 4 of
the Hydro-Electric Corporation Act 1995;
"law of the State" includes
(a) a State policy; and
(b) a planning scheme; and
(c) a council by-law;
"Meander Dam project" means
(a) the construction, in accordance with the
dam permit, of a dam at the prescribed
4
2003 Meander Dam Project No. s. 3
location (including all associated
infrastructure and facilities); and
(b) the commissioning and operation of that
dam;
"prescribed location" means a location on the
Meander River in northern Tasmania,
downstream of its confluence with Warners
Creek between Warners Sugarloaf and
Archers Sugarloaf, at approximate grid
reference 468300E 5384200N on the
prescribed map;
"prescribed map" means the map sheet numbered
4638 and entitled "QUAMBY BLUFF"
(Edition 2, 1987) in the Tasmania 1:25 000
map series published by the State government
through the body then operating under the
registered business name "TASMAP";
"quarry permit" means the permit authorising the
development and use of a quarry for the
purposes of the Meander Dam project granted
by the Meander Valley Council on
10 December 2002 (in accordance with section
57 of the Land Use Planning and Approvals
Act 1993) as, if applicable, from time to time
amended;
"reserved land" means land that is
(a) State forest within the meaning of the
Forestry Act 1920; or
(b) a forest reserve within the meaning of
that Act;
"responsible entity" means
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s. 3 No. Meander Dam Project 2003
(a) the Commission, as the proponent of the
Meander Dam project; or
(b) a subsequent developer or operator of
the Meander Dam project;
"responsible Minister" means the Minister
administering the Water Management Act
1999;
"RMPAT decision" means the decision of the
Appeal Tribunal relating to certain appeals
against the dam permit, and an appeal against
the environment protection notice, dated
22 January 2003 (Appeal Tribunal reference
J12/2003, relating to Appeals No. 225/02E,
226/02W and 233/02W);
"South Esk River hydro-electric district" means
the district appointed and defined by Statutory
Rules 1958, No. 111 (as amended by Statutory
Rules 1960, No. 67) as a hydro-electric water
district under section 26 of the Water Act 1957
with the name "South Esk River Hydro-
Electric Water District" and continued in
existence as a hydro-electric district, on the
repeal of that Act, by Schedule 4 to the Water
Management Act 1999;
"special licence" means the special licence held by
the HEC in respect of the South Esk River
hydro-electric district;
"works commencement day" means the day on
which the works authorised by the dam permit
are commenced.
(2) Expressions that are defined in the Water
Management Act 1999 and used in this Act have, unless
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2003 Meander Dam Project No. s. 4
the contrary intention appears, the same meaning in this
Act as they do in that Act.
Act binds Crown
4. This Act binds the Crown in right of Tasmania and, so
far as the legislative power of Parliament permits, in all
its other capacities.
Reinstatement of dam permit, &c.
5. (1) The dam permit and environment protection notice
which were set aside by the RMPAT decision are
reinstated.
(2) None of the following is reviewable or appealable
under the Judicial Review Act 2000 or any other law of the
State:
(a) the reinstatement of the dam permit or
environment protection notice;
(b) the validity of the dam permit or environment
protection notice;
(c) the conditions of the dam permit;
(d) the requirements or conditions of the
environment protection notice;
(e) a decision of the Assessment Committee under
section 162 of the Water Management Act 1999
in relation to the dam permit.
7
s. 6 No. Meander Dam Project 2003
Implementation of project
6. The responsible entity may do all things that may be
necessary or expedient for the purposes of implementing
the Meander Dam project pursuant to and in accordance
with
(a) the dam permit; and
(b) the environment protection notice; and
(c) the quarry permit; and
(d) the licence referred to in section 7; and
(e) any prescribed instrument.
Water licence and water allocation
7. (1) On and after the works commencement day, the
responsible entity is taken to hold a licence under Part 6 of
the Water Management Act 1999 specifying that the
responsible entity may take water from the Meander River
and the following, secondary, water resources:
(a) Dunning Rivulet;
(b) Huntsman Rivulet;
(c) Sales Rivulet;
(d) Warners Creek;
(e) unnamed tributaries of the water resources
referred to in paragraphs (a), (b), (c) and (d).
(2) The licence is taken to
(a) have been granted by the responsible Minister
on such initial terms and conditions as he or
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2003 Meander Dam Project No. s. 8
she determines before the works
commencement day; and
(b) be endorsed with the water allocation that is
transferred to the responsible entity by the
HEC from the water allocation of the special
licence.
(3) None of the following is reviewable or appealable
under the Judicial Review Act 2000 or any other law of the
State:
(a) the granting or holding of the licence;
(b) the initial terms or conditions of the licence;
(c) a decision of the responsible Minister under
Division 4 of Part 6 of the Water Management
Act 1999 approving the transfer by the HEC of
a water allocation of the special licence to the
responsible entity.
Adjustment of State forest, &c.
8. (1) Such Crown land at or in the vicinity of the
prescribed location as is required to be disturbed, cleared,
excavated, built on, submerged or otherwise modified or
used for the purposes of the Meander Dam project or any
related hydro-electric power-generating facility may be so
modified or used notwithstanding that the Crown land
may be reserved land.
(2) As soon as any reserved land is so modified or
used it ceases, by virtue of this section, to be reserved
land.
(3) Subsection (1) has effect only until the second of
the following events occurs:
9
s. 8 No. Meander Dam Project 2003
(a) the "work as executed" report referred to in
clause 12 of the dam permit conditions is
received by the Secretary of the responsible
Department in relation to the Water
Management Act 1999;
(b) the responsible Minister reasonably
determines that the dam for the Meander Dam
project is first filled to its maximum
authorised storage capacity.
(4) For the purpose of subsection (3), the responsible
Minister is to give notice in the Gazette specifying the date
of the occurrence of each event referred to in that
subsection.
(5) A notice under subsection (4)
(a) is not a statutory rule for the purposes of the
Rules Publication Act 1953; and
(b) is to be published on, or as soon as practicable
after, the occurrence of the relevant event; and
(c) is determinative of the date of the occurrence
of the relevant event; and
(d) is to specify whether it is the first or second
such notice.
(6) As soon as practicable after the second such
notice is published, the responsible Minister, after
consulting the Minister administering the Forestry Act
1920, is to lodge in the Central Plan Register a plan
identifying the Crown land that has ceased to be reserved
land by virtue of this section.
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2003 Meander Dam Project No. s. 9
Project is taken to meet and further certain
objectives
9. The Meander Dam project is taken to meet and
further the objectives of
(a) the Water Management Act 1999; and
(b) all relevant State policies.
Act prevails over other laws, &c.
10. (1) For the avoidance of doubt, this Act has effect
notwithstanding
(a) any other law of the State; or
(b) the RMPAT decision.
(2) If a provision of this Act conflicts with a
provision of another law of the State, the provision of this
Act prevails.
Regulations
11. The Governor may make regulations for the purposes
of this Act.
Administration of Act
12. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act is assigned to
the Minister for Primary Industries, Water
and Environment; and
11
s. 12 No. Meander Dam Project 2003
(b) the department responsible to that Minister in
relation to the administration of this Act is the
Department of Primary Industries, Water and
Environment.
12 Government Printer, Tasmania