AustLII Tasmanian Numbered Acts

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HYDRO-ELECTRIC CORPORATION AND ELECTRICITY COMPANIES ACTS (PUBLIC OWNERSHIP) AMENDMENT ACT 2001 (NO. 115 OF 2001) - SECT 4

Section 7 amended (Limitations on Corporation's powers)

Section 7 of the Principal Act is amended as follows:
(a) by omitting paragraph (a) from subsection (2) and substituting the following paragraph:
(a) deal with or dispose of a prescribed generating plant; or
(b) by omitting subsection (4) and substituting the following subsection:
(4)  If a consent under subsection (2) relates to a dealing with or disposal of the prescribed generating plant known as the Bell Bay Power Station or land on which that prescribed generating plant is situated, that consent is of no effect until it is approved by both Houses of Parliament.
(c) by omitting from subsection (5) "A" and substituting "For the purposes of subsection (4) , a" ;
(d) by omitting subsections (6) and (7) and substituting the following subsections:
(6)  If a consent under subsection (2) relates to a dealing with or disposal of any prescribed generating plant (other than that known as the Bell Bay Power Station) or land on which any prescribed generating plant (other than that known as the Bell Bay Power Station) is situated, that consent is of no effect unless a proposal for that consent has been approved by a majority of the electors voting in a referendum held under the Referendum Procedures Act 1994 .
(7)  Subsections (4) and (6) do not apply in respect of the following dealings or disposals:
(a) a dealing with or disposal of any prescribed generating plant, or land on which the plant is situated, that relates to or arises from the maintenance, repair, replacement or upgrading of the plant;
(b) a dealing with or disposal of any prescribed generating plant, or land on which any prescribed generating plant is situated, that does not result in any significant change to the capacity of the Corporation to generate electricity.
(7A)  Even though any prescribed generating plant, or land on which any prescribed generating plant is situated, is a main undertaking within the meaning of the Government Business Enterprises Act 1995 , section 10(7) of that Act does not apply to that plant or land.
(e) by inserting the following subsections after subsection (10) :
(11)  An Act that purports to repeal or amend subsection (2) , (4) , (6) , (7) , (12) or (13) , this subsection or the definition of  prescribed generating plant in subsection (13) is of no effect unless the proposal for the repeal or amendment has been approved by a majority of the electors voting in a referendum held under the Referendum Procedures Act 1994 .
(12)  Subsection (11) does not apply to an Act that –
(a) repeals subsection (2) , (4) , (6) , (7) , (11) or (13) or this subsection if the Act enacts a provision substantially similar to the subsection repealed; or
(b) amends subsection (2) , (4) , (6) , (7) , (11) or (13) or this subsection if the amendments enacted do not lessen a majority required by subsection (11) or otherwise substantially alter the effect of the subsection amended.
(13)  In this section,
prescribed generating plant means –
(a) an electricity generating plant (including the structures and equipment to hold water, or to direct, monitor or control the flow of water, for the purposes of hydro-electric generation), as it existed on 30 June 2001, that is specified in Schedule 1 ; and
(b) a part of an electricity generating plant, as it existed on 30 June 2001, referred to in paragraph (a) .



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