Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Order 2020
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Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Order 2020
Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Order 2020
I make the following order under
section 16D(2) of the
Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995
. 13 December 2020 GUY BARNETT Minister for Primary Industries and Water
1.
Short title
This order may be cited as the
Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Order 2020 .
2.
Commencement
This order takes effect on the day on which its making is notified in the Gazette .
3.
Interpretation
In this order
Lawrenny Water Trust
means the body corporate and politic by that name created by letters patent under the seal of the State on 11 February 1960 (as notified in the Gazette on 16 March 1960);
property identification number , in respect of a property, means the property identification number for the property contained in the Land Information System Tasmania administered by the department responsible for the administration of the
Land Titles Act 1980 .
4.
Appointment of irrigation districts
(1)
The area of land specified in
Part 1 of Schedule 1
to this order is
(a) appointed, and defined, as an irrigation district within the meaning of the
Water Management Act 1999 ; and
(b) named the Lake River Irrigation District.
(2)
The area of land specified in
Part 2 of Schedule 1
to this order is
(a) appointed, and defined, as an irrigation district within the meaning of the
Water Management Act 1999 ; and
(b) named the River Ouse Irrigation District.
(3)
An irrigation district appointed, and named, under this clause is taken to have been created, and established, under
Part 9
of the
Water Management Act 1999 .
(4)
For the purposes of the
Water Management Act 1999 , the HEC is the water entity responsible for each of the irrigation districts appointed and defined under this clause.
5.
Lake River Irrigation District
(1)
For the purposes of the
Irrigation Clauses Act 1973
(a) an irrigation right is conferred on an entitlement holder, specified in column 1 of the table in
Schedule 3
to this order, in respect of the property identified by the property identification number specified in respect of the entitlement holder in column 2 of that table; and
(b) the irrigation right so conferred on such an entitlement holder is for the entitlement holder to be supplied annually, from the Lake River, with the volume of water specified, in respect of the entitlement holder, in column 3 of the table in
Schedule 3
to this order; and
(c) the HEC is to make available to an entitlement holder annually, from the Lake River, the volume of water specified, in respect of the entitlement holder, in column 3 of the table in
Schedule 3
to this order.
(2)
In making water available to an entitlement holder in accordance with this clause, the HEC is only obliged to do so from the bed of the Lake River.
6.
River Ouse Irrigation District
(1)
For the purposes of the
Irrigation Clauses Act 1973
(a) an irrigation right is conferred on an entitlement holder, specified in column 1 of the table in
Schedule 4
to this order, in respect of the property identified by the property identification number specified in respect of the entitlement holder in column 2 of that table; and
(b) the irrigation right so conferred on such an entitlement holder is for the entitlement holder to be supplied annually, from the River Ouse, with the volume of water specified, in respect of the entitlement holder, in column 3 of the table in
Schedule 4
to this order; and
(c) the HEC is to make available to an entitlement holder annually, from the River Ouse, the volume of water specified, in respect of the entitlement holder, in column 3 of the table in
Schedule 4
to this order.
(2)
In making water available to an entitlement holder in accordance with this clause, the HEC is only obliged to do so from the bed of the River Ouse.
7.
Lawrenny Water Trust
(1)
A licence under the
Water Management Act 1999
is taken to have been conferred on the Lawrenny Water Trust authorising the Lawrenny Water Trust to take a volume of water from the River Ouse in accordance with
Schedule 5
to this order.
(2)
In any year, the HEC is to make available to the Lawrenny Water Trust, under the licence taken to have been conferred under
subclause (1) , the volume of water from the River Ouse specified in
Schedule 5
to this order.
(3)
In making water available to the Lawrenny Water Trust in accordance with this clause, the HEC is obliged to do so only from the bed of the River Ouse.
(4)
The following conditions apply to the licence taken to have been conferred on the Lawrenny Water Trust under
subclause (1) :
(a) that a maximum annual volume of 4 250 megalitres, of the water made available to the Lawrenny Water Trust under the licence, is to be used for irrigation of the land serviced by the Trust;
(b) that the rights to a maximum annual volume of 4 250 megalitres, of the water made available to the Lawrenny Water Trust under the licence, may be transferred from the Trust to other parties in accordance with
Division 4 of Part 6
of the
Water Management Act 1999 ;
(c) if the Lawrenny Water Trust transfers a right under
paragraph (b)
to another party, that the maximum amount of water that may be used for irrigation, under
paragraph (a) , is reduced by the aggregate amount of water in respect of which rights have been transferred under
paragraph (b) ;
(d) that a minimum annual volume of 15 000 megalitres, of the water made available to the Lawrenny Water Trust under the licence, is to be released into the River Derwent.
(5)
For the avoidance of doubt, nothing in
subclause (4)
prevents the Lawrenny Water Trust from transferring, to the HEC in accordance with
Division 4 of Part 6
of the
Water Management Act 1999 , the rights to all, or part, of the total volume of the water made available to the Trust under the licence taken to have been conferred on the Trust under
subclause (1) .
SCHEDULE 1 - Areas of land
Clause 4
PART 1 - Lake River Irrigation District
All that area of land comprising
(a) about 21 356 hectares, shown as Lot 1; and
(b) about 3 782 hectares, shown as Lot 2 bounded by heavy black lines on Plan 10889 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 1
of
Schedule 2
to this order.
PART 2 - River Ouse Irrigation District
All that area of land comprising
(a) about 7 117 hectares, shown as Lot 1; and
(b) about 1 762 hectares, shown as Lot 2 bounded by heavy black lines on Plan 10888 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 2
of
Schedule 2
to this order.
SCHEDULE 2 - Plans
PART 1 - Lake River Irrigation District
PART 2 - River Ouse Irrigation District
SCHEDULE 3 - Lake River Irrigation District entitlements
Clause 5(1)
[Schedule 3 Amended by S.R. 2021, No. 57, Applied:21 Jul 2021]
[Schedule 3 Amended by S.R. 2021, No. 57, Applied:21 Jul 2021]
[Schedule 3 Amended by S.R. 2026, No. 46, Applied:08 Jul 2026]
Column 1
Entitlement holder
Column 2
Property Identification Number
Column 3
Annual volume of water (megalitres)
1.
Archer, Richard William
7272957
2 100
2.
Bassett, David Henry and Bassett, Diane May
3028009
150
3.
Bayles, Gordon Malcolm Johnson and Bayles, Suzanne Elizabeth
6751454
1 250
4.
Bovill, John Alistair and Bovill, Jane Lynette
2901822
115
5.
Clovelly Tasmania Pty Ltd
2125376; 6748124
1 850
6.
Clovelly Tasmania Pty Ltd
3336263
900
7.
Connorville Estates Pty Ltd
2618138; 2680134; 6208881; 6751489; 6752991; 6753038
6 140
8.
Connorville Station Pty Ltd
6751470
3 000
9.
Cressy Pastoral Co Pty Ltd and Smith, David Gatenby
6740077
2 540
10.
Croftside Nominees Pty Ltd
3201000
1 625
11.
Croftside Nominees Pty Ltd
3551908
2 025
12.
G L Lawrence and Co Pty Ltd
6751403
2 750
13.
Gibson, Edward Hay and Gibson, Anne Fairie
7796523
520
14.
Glenmillton Pty Ltd
2772389
1 650
15.
Glenmillton Pty Ltd
6752975
750
16.
Goss, Richard Eric and Goss, Anna Louise
7896997
30
17.
Green, William Harold Lewis and Green, Thomas John Lewis
1499659
1 400
18.
Harrison, Robert Mackinnon
2087680
180
19.
Higgins, Richard Hardwicke
6752799
1 000
20.
Hill, David John
6738129
150
21.
Kode Pty Ltd
7823528
475
22.
Koombahla Pty Ltd
6748044
1 100
23.
Lake River Farm Holdings Pty Ltd
6752836
1 000
24.
Walch, James Reginald Brett and Tole, Robbie John and Lawrence, Samuel Ian Effingham
6751390
2 750
25.
Little Forest Pty Ltd
6751438
500
26.
Lowe, Neville James and Lowe, Lynden Joy
7897076
30
27.
McCormick, Freyr Sally
2867644
35
28.
Morrison Cressy Pty Ltd
1934534
850
29.
Morrison, Ian Askin and Morrison, Jenny Ann
3092043; 7559368
500
30.
Moses, Fiona Shayne
7796531
330
31.
Murfett, Brian Frederick and Murfett, Stuart Brian
6752924
2 400
32.
Oliver, Brian John and Oliver, Rebecca Louise
2740424
85
33.
Wing, Samuel Watson
2740424
40
34.
Panshanger Farm Pty Ltd
6747957
900
35.
Panshanger Pty Ltd
6748140
9 500
36.
Paterson, Elizabeth Ann
6739658
75
37.
Pisa Pty Ltd
6751462
3 000
38.
Price, Robert John Crossley
6752844
3 000
39.
Rigney, Allen Graeme
6752828
1 165
40.
Savage, John Stanley and Savage, Silke
1914824
400
41.
Spencer, Robert John
3262903
500
42.
Sutherland, Stewart John and Sutherland, Katharine Louise
3034281
112
43.
Swan, Ian Hume
2923546
95
44.
Tooma Holdings Pty Ltd
9488823
4 315
45.
Tooma Holdings Pty Ltd and Hugh Lowe Farms Ltd
3538535
250
46.
Von Bibra, Kenneth Dennison
2806163
200
47.
Wing, Darryl Arthur and Wing, Judith Louise
2037763; 6748036
1 800
48.
Woolmers Foundation Inc
2037800; 2037771
340
SCHEDULE 4 - River Ouse Irrigation District entitlements
Clause 6(1)
Column 1
Entitlement holder
Column 2
Property Identification Number
Column 3
Annual volume of water (megalitres)
1.
Ashton Pty Ltd
5473157
3 960
2.
Ashton Pty Ltd
5473181
480
3.
Ball, Michael Everett
1894763
192
4.
Ball, Michael Everett
1894763
1 406
5.
Berkley Properties Pty Ltd
2974116
1 424
6.
Chapman, Giles Thomas Clarke
7727982
444
7.
Jones, Wayne and Jones, Vicki
5473149
450
8.
Jones, Wayne and Jones, Vicki
5473149
1 122
9.
Nye, Philip Charles Butler and Nye, Jennifer Ruth
5467726
2 205
10.
Paton, Robert David
2072382
60
11.
Paton, Robert David
2072390
1 500
12.
Paton, Robert David
5467662
1 946
13.
Pitt, Richard King
5473093
1 112
14.
Pitt, Richard King and Richard Pitt & Sons Pty Ltd
5476040
380
15.
Richard Pitt & Sons Pty Ltd
5473923
1 590
16.
Rogers, Grant William and Rogers, Melanie June
3231760
665
17.
Rogers, Grant William and Rogers, Melanie June
3231760
617
18.
Rogers, Grant William and Rogers, Melanie June
3231760
902
19.
Rotherwood Pty Ltd
2151654
1 820
SCHEDULE 5 - Lawrenny Water Trust entitlement
Clause 7
The water licence conferred on the Lawrenny Water Trust under
clause 7(1)
authorises the Trust to take a total volume of 19 250 megalitres of water per annum from the River Ouse. Displayed and numbered in accordance with the
Rules Publication Act 1953 . Notified in the Gazette on 23 December 2020 This order is administered in the Department of Primary Industries, Parks, Water and Environment.
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