Hydro-Electric Corporation Amendment Act 1997

Hydro-Electric Corporation Amendment Act 1997

An Act to amend the Hydro-Electric Corporation Act 1995 to remove from the Hydro-Electric Corporation its functions relating to the transmission and distribution of electricity and for related purposes

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 Hydro-Electric Corporation Amendment Act 1997 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Principal Act

In this Act, the Hydro-Electric Corporation Act 1995 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by omitting "generation, transmission or distribution" from the definition of electricity infrastructure and substituting "generation";

(b) by omitting paragraphs (c) and (d) from the definition of electricity infrastructure ;

(c) by omitting the definitions of ministerial charter , power system and powerline ;

(d) by omitting "1995;" from the definition of "subsidiary" and substituting "1995.";

(e) by omitting the definition of trade .

5.    Section 5 substituted

Section 5 of the Principal Act is repealed and the following section is substituted:

5.   Functions and powers of Corporation

(1)  The functions of the Corporation are as follows:

(a) to generate electricity;

(b) to do all things necessary for, or related to, the generation of electricity;

(c) to retail electricity if the Minister approves;

(d) to perform other functions as agreed between the Corporation and the Minister.

(2)  The Corporation has the following powers:

(a) to construct, maintain and operate electricity infrastructure necessary for the generation of electricity;

(b) to do all things necessary for, or related to, the generation of electricity, including the sale or trade of electricity;

(c) to carry out investigations, research and development and to provide consultancy services.

6.    Section 6 repealed

Section 6 of the Principal Act is repealed.

7.    Section 7 amended (Limitations on Corporation's powers)

Section 7 of the Principal Act is amended as follows:

(a) by omitting subparagraph (iii) from subsection (2)(a) ;

(b) by omitting "structure, equipment or powerline" from subsection (4)(a) and substituting "structure or equipment";

(c) by omitting "structure, equipment or powerline" from subsection (4)(b) and substituting "structure or equipment";

(d) by omitting "equipment, powerline" from subsection (6), twice occurring, and substituting "equipment";

(e) by omitting "equipment, powerline" from subsection (7) and substituting "equipment".

8.    Section 8 amended (Construction of major power facility)

Section 8 of the Principal Act is amended as follows:

(a) by omitting "establish," twice occurring, from subsection (1) and substituting "construct,";

(b) by omitting "establishing," from subsection (1) and substituting "constructing,";

(c) by omitting "establishment" from subsection (1)(a) and substituting "construction";

(d) by omitting "or supply" from subsection (2)(b);

(e) by omitting "establishing" from subsection (2)(d) and substituting "constructing";

(f) by omitting the definition of "major power facility" from subsection (4) and substituting the following definition:

major power facility means new generating plant with an installed capacity exceeding 40 megawatts or a limit fixed by regulation together with, in the case of hydro-electric generating plant, associated equipment to hold water, or to direct, monitor or control the flow of water, for the purposes of hydro-electric generation;

9.   Section 10 amended (Regulations)

Section 10 of the Principal Act is amended by inserting the following subsections after subsection (4):

(5)  The regulations may contain provisions of a savings or transitional nature consequent on the commencement of the Hydro-Electric Corporation Amendment Act 1997 .

(6)  A provision referred to in subsection (5) may take effect on and from the day on which the Hydro-Electric Corporation Amendment Act 1997 commences or on a later day.

[Second reading presentation speech made in:

House of Assembly on 27 NOVEMBER 1997

Legislative Council on 4 DECEMBER 1997]