Hydro-Electric Corporation and Electricity Companies Acts (Public Ownership) Amendment Act 2001

Hydro-Electric Corporation and Electricity Companies Acts (Public Ownership) Amendment Act 2001

An Act to amend the Hydro-Electric Corporation Act 1995 and the Electricity Companies Act 1997

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:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Hydro-Electric Corporation and Electricity Companies Acts (Public Ownership) Amendment Act 2001 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

PART 2 - Hydro-Electric Corporation Act 1995 Amended

3.   Principal Act

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

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) .

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

Section 8(4) of the Principal Act is amended by inserting "or plant for the generation of electricity from the wind" after "site" in the definition of new generating plant .

6.    Schedule 1 inserted

After section 11 of the Principal Act , the following Schedule is inserted:

SCHEDULE 1 - Prescribed generating plants

Section 7(13)

For the purposes of the definition of prescribed generating plant in section 7(13) , the following power stations are specified (by their commonly known names) as prescribed generating plants:
1.	Bastyan
2.	Bell Bay
3.	Butlers Gorge
4.	Catagunya
5.	Cethana
6.	Cluny
7.	Currie
8.	Devil's Gate
9.	Fisher
10.	Gordon
11.	John Butters
12.	Lake Echo
13.	Lake Margaret
14.	Lemonthyme
15.	Liapootah
16.	Mackintosh
17.	Meadowbank
18.	Paloona
19.	Poatina
20.	Reece
21.	Repulse
22.	Rowallan
23.	Tarraleah
24.	Tods Corner
25.	Trevallyn
26.	Tribute
27.	Tungatinah
28.	Wayatinah
29.	Whitemark
30.	Wilmot

PART 3 - Electricity Companies Act 1997 Amended

7.   Principal Act

In this Part, the Electricity Companies Act 1997 is referred to as the Principal Act.

8.    Section 20 amended (Limitations on members of company)

Section 20 of the Principal Act is amended as follows:

(a) by omitting from subsection (3) "or distribution network" first occurring and substituting "situated in Tasmania or a distribution network situated in Tasmania";

(b) by inserting in subsection (3) "such" after "part of";

(c) by inserting the following subsections after subsection (3) :

(4)  An Act that purports to repeal or amend this section 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 .

(5)  Subsection (4) does not apply to an Act that –

(a) repeals this section if the Act enacts a provision substantially similar to this section; or

(b) amends this section if the amendments enacted do not lessen a majority required by subsection (4) or otherwise substantially alter the effect of this section.

[Second reading presentation speech made in:

House of Assembly on 22 NOVEMBER 2001

Legislative Council on 27 NOVEMBER 2001]