Water Amendment Act 1997

Water Amendment Act 1997

An Act to amend the Water Act 1957

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:

1.   Short title

This Act may be cited as the Water Amendment Act 1997 .

2.   Commencement

This Act commences on the day after the day on which it receives the Royal Assent.

3.   Principal Act

In this Act, the Water Act 1957 is referred to as the Principal Act.

4.    Section 48 amended (Application of Irrigation Clauses Act 1973 )

Section 48(1) of the Principal Act is amended by omitting "Subject to section 48B , the" and substituting "The".

5.    Section 48B amended (Reconstitution of Lawrenny Water Trust)

Section 48B of the Principal Act is amended by inserting after subsection (4) the following subsection:

(5)  The Irrigation Clauses Act 1973 applies in relation to the Trust's irrigation water scheme.

6.   Section 48C inserted

After section 48B of the Principal Act, the following section is inserted in Division 4 of Part 3:

48C.   Reconstitution of Brittons Swamp Water District Board

(1)  In this section –

(a) "Board" means the Brittons Swamp Water District Board; and

(b) other terms have the same meaning as in section 48B .

(2)  The Board continues in existence as the authority to undertake, operate and control the Brittons Swamp Water Scheme as if it were an irrigation trust created under this Division.

(3)  The Governor may appoint, name and define the Board's irrigation water district in accordance with section 26 .

(4)  The Irrigation Clauses Act 1973 applies in relation to the Board's irrigation water district.

(5)  This section does not affect –

(a) the tenure or term of office of a person who was a member of the Board immediately before the commencement of the Water Amendment Act 1997 ; or

(b) any right or liability of the Board subsisting immediately before that commencement or any property vested in the Board at that time.

[Second reading presentation speech made in:

House of Assembly on 1 DECEMBER 1997

Legislative Council on 3 DECEMBER 1997]