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TASMANIA
__________
ELECTRICITY SUPPLY INDUSTRY
RESTRUCTURING (SAVINGS AND
TRANSITIONAL PROVISIONS) AMENDMENT
BILL 2018
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 16A amended (Interpretation of Division)
5. Section 16AB inserted
16AB. Entitlement holders for certain land
6. Section 16C substituted
16C. Quantification of HEC obligation to supply certain
water entitlements
7. Section 16D amended (Orders providing for supply of certain
water entitlements)
8. Repeal of Act
[Bill 64]-VI
2
ELECTRICITY SUPPLY INDUSTRY
RESTRUCTURING (SAVINGS AND
TRANSITIONAL PROVISIONS) AMENDMENT
BILL 2018
(Brought in by the Minister for Primary Industries and Water,
the Honourable Guy Barnett)
A BILL FOR
An Act to amend the Electricity Supply Industry
Restructuring (Savings and Transitional Provisions) Act
1995
Be it enacted by Her 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:
1. Short title
This Act may be cited as the Electricity Supply
Industry Restructuring (Savings and Transitional
Provisions) Amendment Act 2018.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Electricity Supply Industry
Restructuring (Savings and Transitional
[Bill 64] 3
Electricity Supply Industry Restructuring (Savings and
Transitional Provisions) Amendment Act 2018
Act No. of 2018
s. 4
Provisions) Act 1995* is referred to as the
Principal Act.
4. Section 16A amended (Interpretation of Division)
Section 16A of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from the
definition of entitlement holder and
substituting the following paragraph:
(a) in relation to land to which
section 16(2)(b) of this Act
applied immediately before the
2011 transition day - see
section 16AB; and
(b) by inserting the following definition after
the definition of entitlement holder:
former section 16C means section
16C as in force immediately
before the commencement of the
Electricity Supply Industry
Restructuring (Savings and
Transitional Provisions)
Amendment Act 2018;
(c) by inserting the following definition after
the definition of Lake River:
water entitlement agreement means
an agreement that -
_______________________________________________________________
*No. 49 of 1995
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Electricity Supply Industry Restructuring (Savings and
Transitional Provisions) Amendment Act 2018
Act No. of 2018
s. 5
(a) was made between the
HEC and an entitlement
holder under former
section 16C; and
(b) is taken to have been
validly made by virtue of
section 16C(2), as
amended by the
Electricity Supply
Industry Restructuring
(Savings and Transitional
Provisions) Amendment
Act 2018;
5. Section 16AB inserted
After section 16A of the Principal Act, the
following section is inserted in Division 2:
16AB. Entitlement holders for certain land
(1) A person is an entitlement holder, in
respect of land to which section 16(2)(b)
of this Act applied immediately before
the 2011 transition day, if -
(a) an order has not been made under
section 16D(2) in respect of the
land; and
(b) the person -
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Electricity Supply Industry Restructuring (Savings and
Transitional Provisions) Amendment Act 2018
Act No. of 2018
s. 6
(i) was the owner of the land
immediately before the
2011 transition day; or
(ii) if the land has been
transferred on or after the
2011 transition day, is
receiving the benefit of
the water entitlement
agreement made in
respect of the land.
(2) If an order has been made under
section 16D(2) in respect of land to
which section 16(2)(b) of this Act
applied immediately before the 2011
transition day, a person is an entitlement
holder in respect of the land if the person
is the holder of a valid authorisation -
(a) to take water under the Irrigation
Clauses Act 1973, or the Water
Management Act 1999, in respect
of the land; and
(b) that is in accordance with the
order made under section 16D(2)
in respect of the land.
6. Section 16C substituted
Section 16C of the Principal Act is repealed and
the following section is substituted:
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Electricity Supply Industry Restructuring (Savings and
Transitional Provisions) Amendment Act 2018
Act No. of 2018
s. 6
16C. Quantification of HEC obligation to supply
certain water entitlements
(1) In this section -
commencement day means the day on
which the Electricity Supply
Industry Restructuring (Savings
and Transitional Provisions)
Amendment Act 2018
commences.
(2) For the purposes of this section, an
agreement made, for the purposes of
former section 16C, between the HEC
and -
(a) entitlement holders collectively;
or
(b) groups of entitlement holders; or
(c) individual entitlement holders; or
(d) any combination under
paragraphs (b) and (c) -
is taken to have been validly made under
that section if approved by the Water
Minister as such an agreement before the
commencement day, whether or not the
agreement was made during or after the
2011 transition period.
(3) For the avoidance of doubt, an agreement
that -
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Electricity Supply Industry Restructuring (Savings and
Transitional Provisions) Amendment Act 2018
Act No. of 2018
s. 7
(a) was in force immediately before
the commencement day; and
(b) on and after the commencement
day, is taken to be a water
entitlement agreement -
remains in force, on the same terms and
conditions, on the commencement day.
(4) Subject to section 16E, the amount of
water to be made available under
section 16B(1) to an entitlement holder is
the amount specified in the water
entitlement agreement, as fixed by order
under section 16D(2), that applies to the
entitlement holder.
(5) Despite subsection (4), a water
entitlement agreement is not capable of
providing for the suspension,
relinquishment, phased reduction or
extinction (by any means) of the HEC's
obligation under section 16B(1) and a
term of any such agreement purporting to
make such provision is, to that extent,
void and unenforceable.
7. Section 16D amended (Orders providing for supply
of certain water entitlements)
Section 16D of the Principal Act is amended as
follows:
8
Electricity Supply Industry Restructuring (Savings and
Transitional Provisions) Amendment Act 2018
Act No. of 2018
s. 8
(a) by omitting from subsection (1) "an
agreement has been entered into or an
arbitrated award has been made" and
substituting "a water entitlement
agreement has been validly made";
(b) by omitting from subsection (2) "covered
by the agreement or arbitrated award";
(c) by omitting from subsection (3)(a)
"covered by the agreement or arbitrated
award".
8. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 9