North Esk Regional Water Act 1960
[Long Title Amended by No. 31 of 1985, s. 3 and Sched. 1 ]An Act to amend and consolidate the Acts for the construction, management, and operation of certain works for the purpose of providing a water supply for portions of the city of Launceston and portions of the municipalities of Evandale, George Town, and Westbury and for purposes connected therewith, and to amend the Water Act 1957
[Royal Assent 19 December 1960]
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 I - Preliminary
This Act may be cited as the North Esk Regional Water Act 1960 .
(1) The North Esk Regional Water Supply Act 1949 is repealed.(2) All works, equipment, stores, rights, duties, and liabilities subject to or existing under the Act repealed by this section continue as if that Act and this Act were one Act but subject wholly to this Act from its commencement.
[Section 3 Amended by No. 25 of 1974, s. 5 and Sched. 1 ][Section 3 Amended by No. 31 of 1985, s. 3 and Sched. 1 ][Section 3 Amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 3 Amended by No. 52 of 1995, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –Commission means the Rivers and Water Supply Commission;corporation of the city of Launceston means the Launceston City Council;the District means the North Esk Regional Water District referred to in section 10 (1) ;municipality means –(a) the Launceston City Council; and(b) the council of the municipal area of George Town; and(c) the council of the municipal area of Meander Valley;municipality of Evandale means the municipal area of Northern Midlands;municipal district means a municipal area;the North Esk Regional Water Supply means the water supply works authorized to be constructed under the North Esk Regional Water Supply Act 1949 or any subsequent Act and specified in Schedule I and Schedule II ;the water supply works means the works specified in Schedule I or Schedule II or any of them;water reticulation works means works constructed, provided, or acquired by a municipality for the purpose of providing for the supply of water taken by the council solely from the North Esk Regional Water Supply to the lands within its water district.
4. Application of Water Act 1957
The Water Act 1957 applies to and in respect of the water supply works as if they were established by the Commission under section twenty-one of that Act except so far as different provision is made in this Act.
PART II - Administration
[Section 5 Amended by No. 52 of 1995, s. 3 and Sched. 1 ]This Act shall be administered by the Commission.
6. Duties and powers of the Commission
(1) The control, management, and maintenance of the North Esk Regional Water Supply is vested in the Commission, and shall be exercised by it in accordance with this Act.(2) The Commission has power to perform, carry out, and do all such acts, matters, and things as may be necessary or convenient for or in relation to the control, management, and maintenance of the water supply works.(3) [Section 6 Subsection (3) added by No. 33 of 1969, s. 2 ]The water district shall be deemed to have been proclaimed under the Water Act 1957 .
PART III - Completion and Maintenance of the Water Supply Works[Section 7 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .
[Section 8 Amended by No. 25 of 1974, s. 5 and Sched. 1 ]For the purposes of this Act and subject to the provisions of sections fifteen and sixteen of the Waterworks Clauses Act 1952 , the Commission may take and divert water from the North Esk River near the homestead called "Watery Plains" and near the village of White Hills, both in the County of Cornwall and from the South Esk River at any point between Hadspen and the Trevallyn Dam.
8A. Power of Commission to carry out works
[Section 8A Inserted by No. 33 of 1969, s. 3 ][Section 8A Amended by No. 52 of 1995, s. 3 and Sched. 1 ]Notwithstanding anything contained in section twenty-two of the Water Act 1957 , the Commission may construct or carry out works in connection with the North Esk Regional Water Supply.
8B. Payments to Hydro-Electric Corporation
[Section 8B Substituted by No. 61 of 1996, s. 9 ]In respect of water taken by the Commission from the South Esk River, the Commission must, on demand being made by the Hydro-Electric Corporation, pay to that Corporation such sums as may be agreed between the Commission and the Corporation or as determined by order of the Governor.
9. Restriction in respect of works
The Commission, in the exercise of its powers for the construction and maintenance of the water supply works under the Water Act 1957 , shall not enter upon any part of the Saint Patrick's River catchment above the city of Launceston's offtake.
PART IV - Obligations of Municipalities
10. North Esk Regional Water District
[Section 10 Substituted by No. 31 of 1985, s. 3 and Sched. 1 ](1) The North Esk Regional Water District comprises –(a) the water districts set forth in column 2 of Schedule III as they exist immediately before the commencement of the Local Government (City of Launceston Reorganization) Act 1985 , each of those water districts being constituted by the appropriate municipality specified in column 1 of that Schedule for the purpose of providing for the supply of water taken by the municipality solely from the North Esk Regional Water Supply to the lands within that district; and(b) such part or parts of the municipality of Evandale as the Commission may, from time to time, require to be supplied with water from the North Esk Regional Water Supply.(2) The boundaries of the District are subject to the approval of the Commission.(3) Where the part of the District is a part of the municipality of Evandale in respect of which there is in force a requirement under subsection (1) (b) , that part of the District shall be deemed to be part of the city of Launceston that includes the St Leonards Water District.
[Section 11 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ](1) [Section 11 Subsection (1) amended by No. 31 of 1985, s. 3 and Sched. 1 ]Subject to subsection (1A) , each municipality, in accordance with the provisions of Part 6 of the Local Government (Building and Miscellaneous Provisions) Act 1993 , shall construct, provide, or acquire all such water reticulation works or make such alterations or additions to existing or acquired water reticulation works as may be considered necessary by the municipality and approved by the Commission or as may be ordered by the Commission to enable it to take water from the North Esk Regional Water Supply at such points and at such times as the Commission specifies by notice, in writing, to the municipality and to provide an adequate supply of water to lands within its water district, or to a consumer in accordance with Part VII .(1A) [Section 11 Subsection (1A) inserted by No. 31 of 1985, s. 3 and Sched. 1 ] Subsection (1) applies to the corporation of the city of Launceston, notwithstanding that the Commission is not required, under Division 3 of Part III of the Water Act 1957 , to regulate, control, and supervise the construction of local works constructed by a city, being local works within the meaning of that Division.(2) If a municipality is required by the Commission to construct, provide, or acquire water reticulation works of a different character or to alter existing or acquired water reticulation works in a different manner from what would otherwise be required solely for its own purposes in order to enable the Commission to supply water to a consumer in accordance with Part VII of this Act, the Commission shall pay to the municipality concerned such amount by way of compensation as the Commission may determine.(3) If a municipality is dissatisfied by the Commission's determination, it may appeal to the Minister, and if he determines that a different amount should be paid by way of compensation the Commission shall pay the amount determined by him.
12. Municipalities to cause installation of meters
(1) [Section 12 Subsection (1) amended by No. 31 of 1985, s. 3 and Sched. 1 ]Each municipality shall attach meters to the pipes by which water is supplied by the municipality to land in its municipal district that is part of the District, and all water supplied to those lands shall be drawn only through those meters.(2) Each municipality shall, at least once a year, cause meters installed pursuant to this section to be read and the readings recorded and shown on demand to the Commission.
13. Municipal supply to large consumers only with Commission's approval
Notwithstanding anything contained in any Act, after the commencement of this Act, no municipality may supply from the North Esk Regional Water Supply more than one million gallons of water to any one person in any one year, except with the approval, in writing, of the Commission.
14. Municipalities to conserve water
(1) [Section 14 Subsection (1) amended by No. 31 of 1985, s. 3 and Sched. 1 ]A municipality shall, whenever directed by the Commission, by notice in writing so to do, take such lawful action as may be necessary or as may be specified by the Commission, for the prevention of excessive or unnecessary consumption of water, and of wastage or leakage from any part of the water reticulation works in its municipal district that are used for the supply of water to the part of the District –(a) consisting of a water district referred to in section 10 (1) (a) ; or(b) in the case of the corporation of the city of Launceston, consisting of a part of the municipality of Evandale in respect of which there is in force a requirement under section 10 (1) (b) .(2) If a municipality neglects or refuses to comply with any direction given by the Commission under this section, the Commission may do or cause to be done all such acts and things as may be necessary, or as may be specified in a notice under this section, for the purposes set out in subsection (1) , and may recover the cost thereof from the municipality.
PART V - Supply of Water to Municipalities
15. Commission to supply water to municipalities
[Section 15 Amended by No. 31 of 1985, s. 3 and Sched. 1 ]The Commission shall supply water to the District as provided by this Act.
(1) [Section 16 Subsection (1) amended by No. 31 of 1985, s. 3 and Sched. 1 ]Water that is supplied to the District pursuant to section 15 shall be supplied to the municipalities from trunk mains within their respective municipal boundaries at such point or points as may be fixed by the Commission.(2) The Commission shall install master meters at such points as it thinks convenient and necessary.
17. Limitation on supply of water by municipalities
[Section 17 Substituted by No. 31 of 1985, s. 3 and Sched. 1 ]Where the part of the District to which water is supplied pursuant to section 15 is a water district referred to in section 10 (1) (a) or a part of the municipality of Evandale in respect of which there is in force a requirement under section 10 (1) (b) , the municipality in whose municipal district the water district is situated or the corporation of the city of Launceston, as the case requires, shall not supply water to a person at a place outside that water district or outside that part of the municipality of Evandale, unless it has first obtained –(a) the written approval of the Commission; and(b) if the place is outside its municipal district, the approval of the corporation of the city or other municipality in whose municipal district that place is situated.
18. Limitation of Commission's obligation to supply water
(1) Subject to this Act, the Commission shall, so far as practicable, supply water to the municipalities in such quantities and at such times, as they may respectively require.(2) The Commission is not, under any circumstances, liable to pay compensation or damages to any municipality by reason of the failure or partial failure to supply water as provided by this Act, arising from any cause whatsoever.
19. Measurement of water supplied to municipalities
(1) The quantity of water supplied to a municipality under this Act shall be measured on the master meters installed in pursuance of section sixteen , but any quantity of water supplied to any other municipality or consumer which is measured by that meter shall be deducted.(2) The Commission shall in each month advise each municipality of the quantity of water supplied to the municipality in the preceding month.(3) The reading of the master meters shall be conclusive evidence of the quantity of water supplied to a municipality, unless varied in accordance with this section.(4) If a master meter fails, the reading of the same master meter for the corresponding month of the previous year shall be taken as the measurement of the quantity of water that has passed through the same meter during the month in which that meter is out of action.(5) If a municipality is at any time dissatisfied with the accuracy of the reading of any master meter, it may apply, in writing, to the Commission to have the master meter tested as provided by this section.(6) When an application is made by a municipality under subsection (5) , the Commission shall cause the master meter to be tested by an officer appointed by it for that purpose, in the presence of a person nominated by the municipality.(7) The reading of the master meter shall be deemed to be accurate if, upon being tested, it is found to register the quantity of water measured at the test with an error of not more than four per cent.(8) If a master meter is found, upon being tested, not to register the quantity of water accurately, within the meaning of subsection (7) , the quantity of water supplied to the municipality, as measured by that meter, shall be adjusted for the percentage of error disclosed by the test, but such an adjustment shall not be made in respect of any period earlier than the commencement of the month in which the municipality applied for the master meter to be tested as provided by subsection (5) of this section.(9) If, upon being tested as provided by this section, the reading of a master meter is found to be accurate, within the meaning of subsection (7) of this section, the municipality shall pay the cost, as determined by the Commission, of making the test.(10) All master meters shall be under the sole control of the Commission and shall not be interfered with by any person.
PART VI - Financial Obligations of Municipalities
20. Charges for water supplied to municipalities
(1) The Commission may make charges for all water supplied to a municipality under this Act in any financial year up to an amount fixed by the Commission (to be called the "basic amount") at such rate as may be fixed by the Commission in relation to that financial year.(2) [Section 20 Subsection (2) omitted by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(3) The Commission shall, during the month of July in each financial year, publish in the Gazette a notice specifying the rate fixed by it in relation to that financial year for the purpose of this section.(4) If in any financial year a municipality takes more water than the basic amount the Commission shall, as soon as possible thereafter, fix a rate for the excess as it thinks reasonable in the circumstances.(5) The regulations may provide for the manner in which, and the times at which, payment shall be made by the municipalities for the supply of water under this Act.(6) [Section 20 Subsection (6) inserted by No. 52 of 1995, s. 3 and Sched. 1 ]An amount payable to the Commission under this section is a debt due to it and is recoverable in a court of competent jurisdiction.
21. Subsidies to municipalities
[Section 21 Substituted by No. 31 of 1985, s. 3 and Sched. 1 ](1) Subject to subsection (2) , if so requested by a municipality, the Minister may, in accordance with section 40 of the Water Act 1957 , pay an annual subsidy –(a) to the municipality, in respect of a water district in the municipal district of that municipality that is part of the district; or(b) to the corporation of the city of Launceston, in respect of a part of the municipality of Evandale in respect of which there is in force a requirement under section 10 (1) (b) .(2) An annual subsidy may be paid, as mentioned in subsection (1) , to the corporation of the city of Launceston, notwithstanding that it is paid in respect of local works within the meaning of Division 3 of Part III of the Water Act 1957 .
All subsidies paid under section twenty-one shall be paid out of moneys to be provided by Parliament for that purpose.[Section 23 Repealed by No. 31 of 1985, s. 3 and Sched. 1 ]. . . . . . . . [Section 24 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .
PART VII - Supply of Water to Other Consumers
25. Supply of water to part of city of Launceston that is not part of the District
[Section 25 Substituted by No. 31 of 1985, s. 3 and Sched. 1 ](1) If there is a surplus of water above all other requirements as provided in this Act, the Commission may enter into a contract with the corporation of the city of Launceston for the supply of water from the North Esk Regional Water Supply to a part of that city that is not part of the District.(2) The supply of water pursuant to a contract under subsection (1) is subject to such terms and conditions as may be approved by the Minister.
(1) [Section 26 Subsection (1) amended by No. 31 of 1985, s. 3 and Sched. 1 ]Except as provided in section twenty-five , and subject to section twenty-nine , the Commission may enter into a contract with any person for the supply of water from the North Esk Regional Water Supply, subject to subsection (2) to any land, but not to any land in the city of Launceston which is not part of the District without the consent of the council of that city.(2) Any person who has entered into a contract with the Commission for a supply of water in accordance with this section (in this Part referred to as the "consumer") shall not supply or sell to another person water so supplied except on terms approved by the Commission.
27. Supply of water for purposes other than domestic purposes
(1) Notwithstanding anything contained elsewhere in this Part, the Commission may, subject to this section, enter into a contract with any person for the supply to that person of water for purposes other than domestic purposes, for such period, upon and subject to such terms and conditions, and at such price, as may be specified in the contract.(2) [Section 27 Subsection (2) amended by No. 31 of 1985, s. 3 and Sched. 1 ]A contract may be entered into under this section notwithstanding that the water to be supplied in pursuance thereof is to be supplied to a place outside a water district referred to in section 10 (1) (a) or outside a part of the municipality of Evandale in respect of which there is in force a requirement under section 10 (1) (b) .(3) [Section 27 Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Notwithstanding section 9 of the Government Business Enterprises Act 1995 , the Commission shall not enter into a contract under this section unless –(a) it is satisfied that it is practicable to supply water in the quantity required by the other party to the contract without prejudice to the supply of water to municipalities and other persons for domestic purposes; and(b) the Governor has approved of the price proposed to be charged by the Commission for water supplied pursuant to the contract.(4) Section twenty-nine does not apply to or in respect of the supply of water pursuant to a contract under this section.
28. Water supplied by Commission
(1) The Commission shall take the water supply to a consumer at such point of supply on or within the boundary of the property of the consumer as may be fixed by the Commission.(2) The Commission shall install a pipe between the point from which the supply of water is drawn and the point of supply to the consumer and the cost of the pipe and of laying it, together with the cost of any pressure reducing valve (but not of any meter) and all maintenance costs shall be paid by the consumer to the Commission, but the Commission may permit the consumer to install and maintain the pipe at his own cost.(3) Any payment received by the Commission under subsection (2) shall be paid to the Treasurer in reduction of the cost of the water supply works.(4) Any connection made to the point from which the supply of water is drawn for the purpose of supplying water to a consumer shall be of such size and type as may be approved by the Commission.(5) The Commission shall install and maintain a meter for the purpose of recording the amount of water taken by the consumer.(6) If a consumer is at any time dissatisfied with the accuracy of the reading of his meter he may have it tested in the same manner and subject to the same conditions as if he were a municipality acting in respect of a master meter under subsections (5) to (9) of section nineteen.
29. Charges for water supplied to consumers
[Section 29 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ](1) [Section 29 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ]The Commission may make charges for all water supplied to a consumer under this Part in any financial year at such rates as may be fixed by the Commission in relation to that financial year.(1A) [Section 29 Subsection (1A) inserted by No. 52 of 1995, s. 3 and Sched. 1 ]Rates made under subsection (1) may be made so as to apply differently according to use and level of water consumption or any other relevant matter.(2) [Section 29 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]The Commission shall, during the month of July in each financial year, publish in the Gazette a notice specifying the rates fixed by it in relation to that financial year.
30. Supply to municipalities for re-sale to large consumers
(1) [Section 30 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ]The Commission may sell water to a municipality for the purpose of a supply by the municipality to a person requiring more than 4·5 megalitres annually for such amount as may be determined by the Commission.(2) The municipality shall not charge that person any amount in excess of such amount without the approval of the Commission.
31. Commission may discontinue supply without liability
(1) The Commission is not under any circumstances liable to pay compensation for the failure or partial failure of a supply to any consumer.(2) The Commission is entitled at all times to discontinue or reduce the supply to any consumer if it deems it necessary so to do because of any insufficiency of suppliable water or of any accident in any part of the scheme provided under this Act.
32. Commission may enter and inspect or do work
The Commission may, without notice to the consumer, enter upon the consumer's property for the purpose of making any inspection, disconnection, alteration, or renewal of the service.
PART VIII - Financial Provisions[Section 33 Repealed by No. 40 of 1991, s. 50 ]. . . . . . . . [Section 34 Repealed by No. 40 of 1991, s. 50 ]. . . . . . . . [Section 35 Repealed by No. 40 of 1991, s. 50 ]. . . . . . . . [Section 36 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 37 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 38 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 39 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 40 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . . [Section 41A Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .
PART IX - Miscellaneous[Section 41 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .
[Section 42 Amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 42 Amended by No. 25 of 1974, s. 5 and Sched. I, Part III ]For the purposes of section seventy-one of the Waterworks Clauses Act 1952 , the expressions the undertaking and the waterworks, contained therein, mean the water supply works and include any works constructed under Part VII and also include (except for the purposes of paragraph (b) of subsection (3) of that section ) the North Esk River for a distance of 4 kilometres above the homestead called "Watery Plains" and that river for a distance of 4 kilometres above any intake which the Commission has made or may make, or its predecessor has made, in the vicinity of the village of White Hills in the County of Cornwall, and the South Esk River for a distance of 4 kilometres above any intake that the Commission may construct pursuant to this Act.
The Governor may, on the recommendation of the Commission, make regulations for the purposes of this Act.The amendment effected by this section has been incorporated into the authorised version of the Water Act 1957 .
The corporation of the City of Launceston has, subject to section 4(5) of the North Esk Regional Water Act 1974 , the exclusive use of the water main and the other works referred to in Schedule II to this Act for the purposes of the part of the municipal district of that city that, before the commencement of the Local Government (City of Launceston Reorganization) Act 1985 , was the municipal district of St Leonards, so long as that corporation carries out such maintenance in respect of that main and other works as may be necessary from time to time.
SCHEDULE I - North Esk Regional Water Supply – Works Authorized to be Executed[Schedule I, Title Amended by No. 25 of 1974, s. 5 and Sched. 1 ][Schedule I Amended by No. 16 of 1967, s. 3 ][Schedule I Amended by No. 25 of 1974, s. 5 and Sched. 1 ]All works required, in the opinion of the Minister, for the bulk supply of water from the North Esk River near the homestead called "Watery Plains" for the town of Saint Leonards and for certain other areas of the municipality of Saint Leonards which can be conveniently supplied either directly or by pumping where necessary, together with supplies for those areas within the municipalities of Evandale, George Town, Lilydale, and Westbury, which can be supplied conveniently or economically with or without pumping; and for any person with whom the Commission may see fit to enter into a contract for the supply of water. The works shall comprise an intake on the North Esk River either with or without a storage reservoir there or elsewhere, a trunk main laid thence via public or private lands, roads, and streets, to a service reservoir near the town of Saint Leonards thence generally in a northerly direction to a service reservoir approximately half a mile south of Rocherlea railway station, thence generally northerly or north-westerly along or near the East Tamar Highway to a pumping-station in the general vicinity of that part of the highway known as Doctor's Hill, thence again generally northerly along or near the highway to a balancing reservoir in the vicinity of Mount Direction, thence again along or near the highway to a further balancing and reserve storage reservoir at a site to be fixed as near as practicable to Bell Bay, thence generally westerly to a point on the boundary of or within the Australian Aluminium Production Commission's works at Bell Bay. The works shall also comprise such tanks for the storage of water, constructed of such materials and of such capacity, as the Minister may determine (being tanks constructed at or in the vicinity of Bell Bay), and a treatment plant of such kind and capacity, and constructed at such place, as the Minister may determine. The works shall further include such branch pipes and mains with their attendant fittings, and other appliances, as may be required to carry out any of the objects of this Act. The works may, if the Minister thinks fit, include an auxiliary source of supply by pumping from the North Esk River near the village of White Hills in the County of Cornwall. The works shall further include –
(a) such booster pumping stations, constructed of such materials and situated at such places, as the Minister may determine; and(b) such works and installations for the conservation of water for the purposes of the water supply works, constructed of such materials and situated at such places on the North Esk River, as the Minister may determine.
SCHEDULE II - Additional Works[Schedule II Inserted by No. 25 of 1974, s. 5 and Sched. 1 ][Schedule II Amended by No. 96 of 1975, s. 3 ][Schedule II Amended by No. 30 of 1995, s. 3 and Sched. 1 ]A pump station on the bank of the South Esk River and the works required to convey water therefrom to a reservoir near Hadspen. The works required to convey water from that reservoir to the reticulation system at Prospect Vale. A water main linking the reservoir in the town of Prospect Vale to the reticulation system in the municipal area of Launceston at the boundary of that municipal area and the municipal area of Meander Valley and any other works necessary to interchange water between the reticulation systems of those municipal areas in or near the towns of Saint Leonards and Prospect Vale.
SCHEDULE III - North Esk Regional Water District[Schedule III Inserted by No. 31 of 1985, s. 3 and Sched. 1 ]
Column 1 Municipality | Column 2 Water District | George Town | George Town/Low Head Water District Hillwood Water District | Lilydale | Newnham Water District Dilston Water District Windermere Water District Swan Bay Water District | St Leonards | St Leonards Water District | Westbury | Hadspen Water District | Prospect Vale Water District |