Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Order 2020

Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Order 2020

I make the following order under section 16D(2) of the Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995 .

13 December 2020

GUY BARNETT

Minister for Primary Industries and Water

1.   Short title

This order may be cited as the Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Order 2020 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Interpretation

In this order –

Lawrenny Water Trust means the body corporate and politic by that name created by letters patent under the seal of the State on 11 February 1960 (as notified in the Gazette on 16 March 1960);

property identification number, in respect of a property, means the property identification number for the property contained in the Land Information System Tasmania administered by the department responsible for the administration of the Land Titles Act 1980 .

4.   Appointment of irrigation districts

(1)  The area of land specified in Part 1 of Schedule 1 to this order is –

(a) appointed, and defined, as an irrigation district within the meaning of the Water Management Act 1999 ; and

(b) named the Lake River Irrigation District.

(2)  The area of land specified in Part 2 of Schedule 1 to this order is –

(a) appointed, and defined, as an irrigation district within the meaning of the Water Management Act 1999 ; and

(b) named the River Ouse Irrigation District.

(3)  An irrigation district appointed, and named, under this clause is taken to have been created, and established, under Part 9 of the Water Management Act 1999 .

(4)  For the purposes of the Water Management Act 1999 , the HEC is the water entity responsible for each of the irrigation districts appointed and defined under this clause.

5.   Lake River Irrigation District

(1)  For the purposes of the Irrigation Clauses Act 1973  –

(a) an irrigation right is conferred on an entitlement holder, specified in column 1 of the table in Schedule 3 to this order, in respect of the property identified by the property identification number specified in respect of the entitlement holder in column 2 of that table; and

(b) the irrigation right so conferred on such an entitlement holder is for the entitlement holder to be supplied annually, from the Lake River, with the volume of water specified, in respect of the entitlement holder, in column 3 of the table in Schedule 3 to this order; and

(c) the HEC is to make available to an entitlement holder annually, from the Lake River, the volume of water specified, in respect of the entitlement holder, in column 3 of the table in Schedule 3 to this order.

(2)  In making water available to an entitlement holder in accordance with this clause, the HEC is only obliged to do so from the bed of the Lake River.

6.   River Ouse Irrigation District

(1)  For the purposes of the Irrigation Clauses Act 1973  –

(a) an irrigation right is conferred on an entitlement holder, specified in column 1 of the table in Schedule 4 to this order, in respect of the property identified by the property identification number specified in respect of the entitlement holder in column 2 of that table; and

(b) the irrigation right so conferred on such an entitlement holder is for the entitlement holder to be supplied annually, from the River Ouse, with the volume of water specified, in respect of the entitlement holder, in column 3 of the table in Schedule 4 to this order; and

(c) the HEC is to make available to an entitlement holder annually, from the River Ouse, the volume of water specified, in respect of the entitlement holder, in column 3 of the table in Schedule 4 to this order.

(2)  In making water available to an entitlement holder in accordance with this clause, the HEC is only obliged to do so from the bed of the River Ouse.

7.   Lawrenny Water Trust

(1)  A licence under the Water Management Act 1999 is taken to have been conferred on the Lawrenny Water Trust authorising the Lawrenny Water Trust to take a volume of water from the River Ouse in accordance with Schedule 5 to this order.

(2)  In any year, the HEC is to make available to the Lawrenny Water Trust, under the licence taken to have been conferred under subclause (1) , the volume of water from the River Ouse specified in Schedule 5 to this order.

(3)  In making water available to the Lawrenny Water Trust in accordance with this clause, the HEC is obliged to do so only from the bed of the River Ouse.

(4)  The following conditions apply to the licence taken to have been conferred on the Lawrenny Water Trust under subclause (1) :

(a) that a maximum annual volume of 4 250 megalitres, of the water made available to the Lawrenny Water Trust under the licence, is to be used for irrigation of the land serviced by the Trust;

(b) that the rights to a maximum annual volume of 4 250 megalitres, of the water made available to the Lawrenny Water Trust under the licence, may be transferred from the Trust to other parties in accordance with Division 4 of Part 6 of the Water Management Act 1999 ;

(c) if the Lawrenny Water Trust transfers a right under paragraph (b) to another party, that the maximum amount of water that may be used for irrigation, under paragraph (a) , is reduced by the aggregate amount of water in respect of which rights have been transferred under paragraph (b) ;

(d) that a minimum annual volume of 15 000 megalitres, of the water made available to the Lawrenny Water Trust under the licence, is to be released into the River Derwent.

(5)  For the avoidance of doubt, nothing in subclause (4) prevents the Lawrenny Water Trust from transferring, to the HEC in accordance with Division 4 of Part 6 of the Water Management Act 1999 , the rights to all, or part, of the total volume of the water made available to the Trust under the licence taken to have been conferred on the Trust under subclause (1) .

SCHEDULE 1 - Areas of land

Clause 4

PART 1 - Lake River Irrigation District

All that area of land comprising –

(a) about 21 356 hectares, shown as Lot 1; and

(b) about 3 782 hectares, shown as Lot 2 –

bounded by heavy black lines on Plan 10889 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 1 of Schedule 2 to this order.

PART 2 - River Ouse Irrigation District

All that area of land comprising –

(a) about 7 117 hectares, shown as Lot 1; and

(b) about 1 762 hectares, shown as Lot 2 –

bounded by heavy black lines on Plan 10888 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 2 of Schedule 2 to this order.

SCHEDULE 2 - Plans

PART 1 - Lake River Irrigation District

PART 2 - River Ouse Irrigation District

SCHEDULE 3 - Lake River Irrigation District entitlements

Clause 5(1)

[Schedule 3 Amended by S.R. 2021, No. 57, Applied:21 Jul 2021]

SCHEDULE 4 - River Ouse Irrigation District entitlements

Clause 6(1)

SCHEDULE 5 - Lawrenny Water Trust entitlement

Clause 7

The water licence conferred on the Lawrenny Water Trust under clause 7(1) authorises the Trust to take a total volume of 19 250 megalitres of water per annum from the River Ouse.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 23 December 2020

This order is administered in the Department of Primary Industries, Parks, Water and Environment.