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TASMANIA
__________
WATER LEGISLATION AMENDMENT BILL 2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 WATER MANAGEMENT ACT 1999 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 14 amended (Scope of water management plans)
6. Section 54 amended (Licences)
7. Section 71 amended (Notice of application to vary licence)
8. Section 152 amended (Referral to Director)
9. Section 181 amended (Substitution of water entities)
10. Section 192 amended (Watercourses as water supply channels)
11. Section 308 amended (River Clyde Irrigation District)
12. Schedule 5 amended (River Clyde Trust and River Clyde
Irrigation District)
PART 3 IRRIGATION CLAUSES ACT 1973 AMENDED
13. Principal Act
14. Section 2 amended (Interpretation)
15. Section 24 substituted
24. Domestic supplies
[Bill 25]-IV
16. Part XII inserted
PART XII River Clyde Irrigation District
75. Orders for irrigation rights
PART 4 MEANDER DAM PROJECT ACT 2003 AMENDED
17. Principal Act
18. Section 9A inserted
9A. Certification of lots for purposes of Strata Titles Act
1998
PART 5 STRATA TITLES ACT 1998 AMENDED
19. Principal Act
20. Section 3 amended (Interpretation)
2
WATER LEGISLATION AMENDMENT BILL 2005
(Brought in by the Minister for Primary Industries and Water,
the Honourable Steven Kons)
A BILL FOR
An Act to amend the Water Management Act 1999 and for
other 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:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Water Legislation
Amendment Act 2005.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 25] 3
s. 3 No. Water Legislation Amendment 2005
PART 2 WATER MANAGEMENT ACT 1999
AMENDED
3. Principal Act
In this Part, the Water Management Act 1999* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting ", repair" after "modification" in the
definition of "dam works".
5. Section 14 amended (Scope of water management
plans)
Section 14(1) of the Principal Act is amended by
omitting paragraph (a) and substituting the
following paragraph:
(a) a watercourse, several joined
watercourses or part of a watercourse,
including a water supply channel
declared under section 192(1); or
6. Section 54 amended (Licences)
Section 54(2) of the Principal Act is amended as
follows:
*No. 45 of 1999
4
2005 Water Legislation Amendment No. s. 7
(a) by omitting from paragraph (d) "Act."
and substituting "Act; or";
(b) by inserting the following paragraph after
paragraph (d):
(e) under an irrigation right granted
under the Irrigation Clauses Act
1973 from a watercourse which
has been declared to be a water
supply channel under
section 192(1).
7. Section 71 amended (Notice of application to vary
licence)
Section 71 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) A notice under subsection (2) is not
required where
(a) notification is given in a local
newspaper of a public meeting to
be held of persons holding
licences for irrigation to discuss
their requirements for water for
irrigation and the Minister's
intention to conduct a survey of
the usage of water for irrigation;
and
(b) the Minister is satisfied from
evidence produced by those
persons and the survey that the
variation of a licence is necessary
or desirable having regard to
5
s. 8 No. Water Legislation Amendment 2005
(i) the survey referred to in
paragraph (a); and
(ii) the amount of water
required to maintain any
existing commercial
enterprise at a specific
time.
8. Section 152 amended (Referral to Director)
Section 152(1) of the Principal Act is amended
by omitting "Subject to subsection (5), unless"
and substituting "Unless".
9. Section 181 amended (Substitution of water entities)
Section 181 of the Principal Act is amended by
inserting after subsection (6) the following
subsections:
(6A) On the substitution of a responsible water
entity by another water entity under this
section, any by-laws made by the former
water entity and in force immediately
before the substitution are, subject to
subsection (6B), to continue in force until
they are rescinded or amended by the
substituted water entity.
(6B) The Minister may, by notice published in
the Gazette, direct that the by-laws are to
cease to have effect or are to continue in
force subject to any amendments
specified in the notice.
6
2005 Water Legislation Amendment No. s. 10
10. Section 192 amended (Watercourses as water
supply channels)
Section 192 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) The declaration of a water supply
channel may be made subject to
any conditions that the Minister
thinks fit to further the objectives
of this Act.
(b) by omitting from subsection (2) ", and,
except as provided in subsection (8), to
be no longer a watercourse".
11. Section 308 amended (River Clyde Irrigation
District)
Section 308 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "an
irrigation district" and substituting "the
River Clyde Irrigation District";
(b) by omitting subsection (2) and
substituting the following subsection:
(2) Schedule 5 has effect with respect
to the membership of the River
Clyde Trust and the
administration of the River Clyde
Irrigation District.
7
s. 12 No. Water Legislation Amendment 2005
12. Schedule 5 amended (River Clyde Trust and River
Clyde Irrigation District)
Schedule 5 to the Principal Act is amended as
follows:
(a) by omitting the heading and substituting
the following heading:
SCHEDULE 5 RIVER CLYDE TRUST AND RIVER
CLYDE IRRIGATION DISTRICT
(b) by inserting the following definition after
the definition of "eligible person" in
clause 1:
"responsible water entity" means the
water entity responsible for the
River Clyde Irrigation District;
(c) by omitting the definition of "trustees"
from clause 1 and substituting the
following definition:
"trustees" means the persons acting as
trustees of the River Clyde
immediately before the
commencement of the Water
Legislation Amendment Act 2005.
(d) by omitting clause 2 and substituting the
following clause:
2. Membership of trustees of River
Clyde
The trust is to consist of 3
members until a date to be
determined by the Minister, but
on and after that date is to consist
of 5 members.
8
2005 Water Legislation Amendment No. s. 12
(e) by omitting from clause 3(1) "trustees"
first occurring and substituting
"responsible water entity";
(f) by omitting from clause 3(1)(a) "trustees
consider" and substituting "responsible
water entity considers";
(g) by omitting from clause 3(1)(b) "their"
and substituting "its";
(h) by omitting from clause 3(2) "trust's
irrigation district" and substituting "River
Clyde Irrigation District";
(i) by omitting from clause 3(2) "trustees"
and substituting "responsible water
entity";
(j) by omitting from clause 3(2) "their" and
substituting "its";
(k) by omitting from clause 3(3) "trustees"
and substituting "responsible water
entity";
(l) by omitting from clause 3(3) "their" and
substituting "its".
9
s. 13 No. Water Legislation Amendment 2005
PART 3 IRRIGATION CLAUSES ACT 1973
AMENDED
13. Principal Act
In this Part, the Irrigation Clauses Act 1973* is
referred to as the Principal Act.
14. Section 2 amended (Interpretation)
Section 2(1) of the Principal Act is amended by
omitting the definition of "irrigation right" and
substituting the following definition:
"irrigation right" means the right to be
supplied with water for irrigation referred
to in section 23 or an irrigation right
conferred by the Minister under
section 75(1);
15. Section 24 substituted
Section 24 of the Principal Act is repealed and
the following section is substituted:
24. Domestic supplies
(1) The undertakers may undertake to supply
water for domestic purposes to any land
within the water district.
(2) Notwithstanding anything contained in
this Act or the Water Management Act
1999, the undertakers must grant a right
*No. 39 of 1973
10
2005 Water Legislation Amendment No. s. 16
to the Central Highlands Council to take
water for domestic purposes from the
Clyde River or from a water supply
channel declared under section 192(1) of
that Act.
16. Part XII inserted
After section 74 of the Principal Act, the
following Part is inserted:
PART XII RIVER CLYDE IRRIGATION DISTRICT
75. Orders for irrigation rights
(1) The Minister may, by order, confer
irrigation rights on owners and occupiers
of land within the district referred to in
section 308(1) of the Water Management
Act 1999 as the River Clyde Irrigation
District.
(2) An order under subsection (1)
(a) is to be consistent with any by-
laws made under this Act; and
(b) is to be published in the Gazette
and in such daily newspapers
circulating generally in Tasmania
as the Minister thinks fit.
(3) The Minister must cause a copy of the
order to be laid before each House of
Parliament within 14 sitting-days of that
House after the date on which the order
is made and the order is subject to
disallowance under section 47 of the Acts
11
s. 16 No. Water Legislation Amendment 2005
Interpretation Act 1931 as if it were a
regulation.
12
2005 Water Legislation Amendment No. s. 17
PART 4 MEANDER DAM PROJECT ACT 2003
AMENDED
17. Principal Act
In this Part, the Meander Dam Project Act 2003*
is referred to as the Principal Act.
18. Section 9A inserted
After section 9 of the Principal Act, the
following section is inserted:
9A. Certification of lots for purposes of Strata
Titles Act 1998
Where the Minister administering the
Water Management Act 1999 provides a
certificate that it is necessary or
desirable, to give effect to the objectives
of that Act, that any land in the
prescribed location should be treated as a
lot for the purposes of the Strata Titles
Act 1998, that Minister may direct that
the land is to be treated as a lot
accordingly.
*No. 18 of 2003
13
s. 19 No. Water Legislation Amendment 2005
PART 5 STRATA TITLES ACT 1998 AMENDED
19. Principal Act
In this Part, the Strata Titles Act 1998* is
referred to as the Principal Act.
20. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting the definition of "lot" and substituting
the following definition:
"lot", in respect of a site, means a part of the
site
(a) allocated for separate occupation
by the owner of the lot or a
person deriving rights of
occupation from the owner; or
(b) consisting of land that, by virtue
of a certificate under section 9A
of the Meander Dam Project Act
2003, is to be treated as a lot;
*No. 17 of 1998
14 Government Printer, Tasmania