{"id":"tas:act-1995-057","name":"Hydro-Electric Corporation Act 1995","slug":"hydro-electric-corporation-act-1995","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"57 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106175,"registerId":"tas-act-1995-057-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Hydro-Electric Corporation Act 1995](/view/html/inforce/2026-04-12/act-1995-057) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> The provisions of this Act commence on a day or days to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***Corporation*** means the Hydro-Electric Corporation;\n> \n> > [*\\[Section 3 Amended by No. 36 of 2000, s. 4, Applied:29 Jun 2000\\]*](/view/html/inforce/2000-06-29/act-2000-036#GS4@Hpa@EN) ***Basslink*** means the interconnection between the electricity grids of the States of Tasmania and Victoria by means of –\n> > \n> > > > (a) a high voltage, direct current, submarine cable across Bass Strait; and\n> > > \n> > > > (b) converter stations in those States; and\n> > > \n> > > > (c) direct current connecting lines to those converter stations; and\n> > > \n> > > > (d) [*\\[Section 3 Amended by No. 78 of 2005, s. 55, Applied:01 Jan 2008\\]*](/view/html/inforce/2008-01-01/act-2005-078#GS55@Hpa@EN) alternating current transmission connections to the transmission systems of those States; and\n> > > \n> > > > (e) related infrastructure;\n> \n> > [*\\[Section 3 Amended by No. 36 of 2000, s. 4, Applied:29 Jun 2000\\]*](/view/html/inforce/2000-06-29/act-2000-036#GS4@Hpa@EN) ***derivative*** means –\n> > \n> > > > (a) an arrangement in relation to which the following conditions are satisfied:\n> > > > \n> > > > > > (i) under the arrangement a party to the arrangement must, or may be required to, provide at some future time consideration to a person;\n> > > > > \n> > > > > > (ii) the amount or value of that consideration is ultimately determined, derived from or varies by reference to (wholly or in part) the value or amount of something else (of any nature whatsoever and whether or not deliverable), including but not limited to an asset, an interest rate, exchange rate or other rate, an index and a commodity; and\n> > > \n> > > > (b) anything prescribed in the regulations to be a derivative –\n> > \n> > but does not include an arrangement or other thing prescribed in the regulations as not being a derivative;\n> \n> > [*\\[Section 3 Amended by No. 71 of 1997, s. 4, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS4@Hpa@EN) ***electricity infrastructure*** means anything used for, or in connection with, the generation of electricity including –\n> > \n> > > > (a) electricity generating plant; and\n> > > \n> > > > (b) structures and equipment to hold water, or to direct, monitor or control the flow of water, for the purposes of hydro-electric generation; and\n> > > \n> > > > (c) [*\\[Section 3 Amended by No. 71 of 1997, s. 4, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS4@Hpb@EN)\n> > > \n> > > > (d) [*\\[Section 3 Amended by No. 71 of 1997, s. 4, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS4@Hpb@EN)\n> > > \n> > > > (e) equipment for metering, monitoring or controlling electricity;\n> \n> > ***land*** includes –\n> > \n> > > > (a) an estate or interest in land (including an easement); and\n> > > \n> > > > (b) a right or power over or in respect of land;\n> \n> > [*\\[Section 3 Amended by No. 36 of 2000, s. 4, Applied:29 Jun 2000\\]*](/view/html/inforce/2000-06-29/act-2000-036#GS4@Hpb@EN) ***National Electricity Law*** is the National Electricity Law established by the [National Electricity (South Australia) Act 1996](/view/html/inforce/2026-04-12/act-9999-999) and adopted by participating jurisdictions, within the meaning of that Law, as a consequence of the National Electricity Market Legislation Agreement dated 9 May 1996 between the States of New South Wales, Victoria, Queensland and South Australia and the Australian Capital Territory;\n> \n> > [*\\[Section 3 Amended by No. 36 of 2000, s. 4, Applied:29 Jun 2000\\]*](/view/html/inforce/2000-06-29/act-2000-036#GS4@Hpb@EN) [*\\[Section 3 Amended by No. 78 of 2005, s. 53, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-078#GS53@Hpa@EN) ***National Electricity Market*** means the market for wholesale electricity operating under the National Electricity Rules;\n> \n> > [*\\[Section 3 Amended by No. 78 of 2005, s. 53, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-078#GS53@Hpb@EN) ***National Electricity Rules*** has the same meaning as in the [Electricity Supply Industry Act 1995](/view/html/inforce/2026-04-12/act-1995-058) ;\n> \n> [*\\[Section 3 Amended by No. 71 of 1997, s. 4, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS4@Hpc@EN)\n> \n> > [*\\[Section 3 Amended by No. 71 of 1997, s. 4, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS4@Hpd@EN) [*\\[Section 3 Amended by No. 36 of 2000, s. 4, Applied:29 Jun 2000\\]*](/view/html/inforce/2000-06-29/act-2000-036#GS4@Hpc@EN) ***subsidiary*** has the same meaning as in the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) ;\n> \n> [*\\[Section 3 Amended by No. 36 of 2000, s. 4, Applied:29 Jun 2000\\]*](/view/html/inforce/2000-06-29/act-2000-036#GS4@Hpd@EN) [*\\[Section 3 Amended by No. 78 of 2005, s. 55, Applied:01 Jan 2008\\]*](/view/html/inforce/2008-01-01/act-2005-078#GS55@Hpb@EN)\n> \n> > [*\\[Section 3 Amended by No. 78 of 2005, s. 55, Applied:01 Jan 2008\\]*](/view/html/inforce/2008-01-01/act-2005-078#GS55@Hpb@EN) ***transmission system*** has the same meaning as in the [Electricity Supply Industry Act 1995](/view/html/inforce/2026-04-12/act-1995-058) .\n> \n> [*\\[Section 3 Amended by No. 71 of 1997, s. 4, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS4@Hpe@EN)","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Hydro-Electric Corporation","content":"# Part 2 The Hydro-Electric Corporation","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Continuance of the Corporation","content":"### 4 Continuance of the Corporation\n\n> > (1)  The Corporation, formerly known as the Hydro-Electric Commission, continues.\n> \n> > (2)  The Corporation is a Government Business Enterprise under the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) .","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Functions and powers of Corporation","content":"### 5 Functions and powers of Corporation\n\n> [*\\[Section 5 Substituted by No. 71 of 1997, s. 5, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS5@EN)\n> \n> > (1)  The functions of the Corporation are as follows:\n> > \n> > > > (a) to generate electricity;\n> > > \n> > > > (b) to do all things necessary for, or related to, the generation of electricity;\n> > > \n> > > > (c) to retail electricity if the Minister approves;\n> > > \n> > > > (d) to perform other functions as agreed between the Corporation and the Minister.\n> \n> > (2)  [*\\[Section 5 Subsection (2) substituted by No. 36 of 2000, s. 5, Applied:29 Jun 2000\\]*](/view/html/inforce/2000-06-29/act-2000-036#GS5@EN) The Corporation has the following powers:\n> > \n> > > > (a) to construct, maintain and operate electricity infrastructure necessary for the generation of electricity;\n> > > \n> > > > (b) to do all things necessary or convenient for, or related to, the generation of electricity, including the sale or trade of electricity;\n> > > \n> > > > (c) to acquire and trade in, and facilitate the acquisition of and trading in, electricity;\n> > > \n> > > > (d) to participate in the National Electricity Market;\n> > > \n> > > > (e) to develop, construct, operate and own Basslink and to participate in the development, construction, operation and ownership of Basslink and to use Basslink;\n> > > \n> > > > (f) to enter into agreements in respect of the development, construction, operation and ownership of Basslink;\n> > > \n> > > > (g) to do all things necessary or convenient for, or related to –\n> > > > \n> > > > > > (i) its development, construction, operation and ownership of Basslink and its participation in the development, construction, operation and ownership of Basslink; and\n> > > > > \n> > > > > > (ii) its participation in the National Electricity Market;\n> > > \n> > > > (h) to provide consultancy services in respect of electricity, environmental science, engineering or any other area of expertise in which the Corporation considers it has competence;\n> > > \n> > > > (i) to carry out investigations, research and development.\n> \n> > (3)  [*\\[Section 5 Subsection (3) amended by No. 18 of 2025, s. 25, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS25@EN) [*\\[Section 5 Subsection (3) inserted by No. 36 of 2000, s. 5, Applied:29 Jun 2000\\]*](/view/html/inforce/2000-06-29/act-2000-036#GS5@EN) Without limiting its powers under [subsection (2)(b)](#GS5@Gs2@Hpb@EN) , [(c)](#GS5@Gs2@Hpc@EN) and [(g)](#GS5@Gs2@Hpg@EN) , the Corporation under that subsection may, in accordance with any relevant Treasurer's Instructions issued under the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) or directions given by the Minister and the Treasurer, jointly, under that Act, enter into trading and financial arrangements that concern, or are in the nature of, derivatives or electricity generated from renewable or other energy sources.","sortOrder":6},{"sectionNumber":"6.","sectionType":"section","heading":null,"content":"### 6.\n\n[*\\[Section 6 Repealed by No. 71 of 1997, s. 6, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS6@EN)","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Limitations on Corporation's powers","content":"### 7 Limitations on Corporation's powers\n\n> > (1)  The Corporation may only carry out functions for which a licence is required under the [Electricity Supply Industry Act 1995](/view/html/inforce/2026-04-12/act-1995-058) in pursuance of a licence under that Act.\n> \n> > (2)  Despite anything to the contrary in the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) , the Corporation may only –\n> > \n> > > > (a) [*\\[Section 7 Subsection (2) amended by No. 71 of 1997, s. 7, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS7@Hpa@EN) [*\\[Section 7 Subsection (2) amended by No. 115 of 2001, s. 4, Applied:17 Dec 2001\\]*](/view/html/inforce/2001-12-17/act-2001-115#GS4@Hpa@EN) deal with or dispose of a prescribed generating plant; or\n> > > \n> > > > (b) acquire, deal with or dispose of land –\n> > \n> > if the transaction is consented to in writing by the Minister or the Minister's delegate.\n> \n> > (2A)  [*\\[Section 7 Subsection (2A) inserted by No. 18 of 2025, s. 26, Applied:01 Jan 2026\\]*](/view/html/inforce/2026-01-01/act-2025-018#GS26@EN) For the avoidance of doubt, consent under [subsection (2)](#GS7@Gs2@EN) is in addition to a requirement or obligation under the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) including, but not limited to, a requirement or obligation imposed by –\n> > \n> > > > (a) Treasurer's Instructions issued under that Act; or\n> > > \n> > > > (b) directions given by the Minister and the Treasurer, jointly, under that Act.\n> \n> > (3)  A consent under [subsection (2)](#GS7@Gs2@EN) may relate to a particular transaction or to transactions of a particular class.\n> \n> > (4)  [*\\[Section 7 Subsection (4) amended by No. 71 of 1997, s. 7, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS7@Hpb@EN) [*\\[Section 7 Subsection (4) amended by No. 71 of 1997, s. 7, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS7@Hpc@EN) [*\\[Section 7 Subsection (4) substituted by No. 115 of 2001, s. 4, Applied:17 Dec 2001\\]*](/view/html/inforce/2001-12-17/act-2001-115#GS4@Hpb@EN) If a consent under [subsection (2)](#GS7@Gs2@EN) 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.\n> \n> > (5)  [*\\[Section 7 Subsection (5) amended by No. 115 of 2001, s. 4, Applied:17 Dec 2001\\]*](/view/html/inforce/2001-12-17/act-2001-115#GS4@Hpc@EN) For the purposes of [subsection (4)](#GS7@Gs4@EN) , a consent is approved by a House of Parliament –\n> > \n> > > > (a) when the House passes a motion approving the consent; or\n> > > \n> > > > (b) at the end of 5 sitting days after the consent was laid before the House if no notice of a motion to disapprove the consent is before the House; or\n> > > \n> > > > (c) if such a notice is before the House at the end of that period, when the first of the following occurs:\n> > > > \n> > > > > > (i) the notice is withdrawn;\n> > > > > \n> > > > > > (ii) the motion is negatived;\n> > > > > \n> > > > > > (iii) a further period of 5 sitting days ends.\n> \n> > (6)  [*\\[Section 7 Subsection (6) amended by No. 71 of 1997, s. 7, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS7@Hpd@EN) [*\\[Section 7 Subsection (6) substituted by No. 115 of 2001, s. 4, Applied:17 Dec 2001\\]*](/view/html/inforce/2001-12-17/act-2001-115#GS4@Hpd@EN) If a consent under [subsection (2)](#GS7@Gs2@EN) 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](/view/html/inforce/2026-04-12/act-1994-034) .\n> \n> > (7)  [*\\[Section 7 Subsection (7) amended by No. 71 of 1997, s. 7, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS7@Hpe@EN) [*\\[Section 7 Subsection (7) substituted by No. 115 of 2001, s. 4, Applied:17 Dec 2001\\]*](/view/html/inforce/2001-12-17/act-2001-115#GS4@Hpd@EN) [Subsections (4)](#GS7@Gs4@EN) and [(6)](#GS7@Gs6@EN) do not apply in respect of the following dealings or disposals:\n> > \n> > > > (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;\n> > > \n> > > > (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.\n> \n> > (7A)  [*\\[Section 7 Subsection (7A) inserted by No. 115 of 2001, s. 4, Applied:17 Dec 2001\\]*](/view/html/inforce/2001-12-17/act-2001-115#GS4@Hpd@EN) 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](/view/html/inforce/2026-04-12/act-1995-022) , [section 10(7)](/view/html/inforce/2026-04-12/act-1995-022#GS10@Gs7@EN) of that Act does not apply to that plant or land.\n> \n> > (8)  [*\\[Section 7 Subsection (8) inserted by No. 36 of 2000, s. 6, Applied:29 Jun 2000\\]*](/view/html/inforce/2000-06-29/act-2000-036#GS6@EN) If an agreement entered into under [section 5(2)(f)](#GS5@Gs2@Hpf@EN) in respect of Basslink provides to the effect that the Corporation may acquire the whole or a part of Basslink –\n> > \n> > > > (a) [subsection (2)](#GS7@Gs2@EN) does not apply in respect of –\n> > > > \n> > > > > > (i) the acquisition of land necessary for the acquisition of the whole or part of Basslink under that agreement; and\n> > > > > \n> > > > > > (ii) any subsequent dealing in or disposal of that land; and\n> > > \n> > > > (b) [section 10(7) of the](/view/html/inforce/2026-04-12/act-1995-022#GS10@Gs7@EN) [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) does not apply in respect of the disposal of that land or the whole or part of Basslink acquired under that agreement; and\n> > > \n> > > > (c) the Corporation may only acquire or dispose of the whole or a part of Basslink if –\n> > > > \n> > > > > > (i) both the Minister and the Minister to whom the administration of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) is assigned have agreed, in writing, to that acquisition or disposal; and\n> > > > > \n> > > > > > (ii) the Minister has tabled in both Houses of Parliament a notice that specifies that the Corporation intends to acquire or dispose of the whole or a part of Basslink, that the Ministers referred to in [subparagraph (i)](#GS7@Gs8@Hpc@Hqi@EN) have agreed to the acquisition or disposal and the reasons for their agreement.\n> \n> > (9)  [*\\[Section 7 Subsection (9) inserted by No. 36 of 2000, s. 6, Applied:29 Jun 2000\\]*](/view/html/inforce/2000-06-29/act-2000-036#GS6@EN) Before agreeing to an acquisition of the whole or part of Basslink under [subsection (8)(c)(i)](#GS7@Gs8@Hpc@Hqi@EN) , the Minister and the Minister to whom the administration of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) is assigned must be satisfied that the acquisition is consistent with the protection of the operational and financial interests of the Corporation.\n> \n> > (10)  [*\\[Section 7 Subsection (10) inserted by No. 36 of 2000, s. 6, Applied:29 Jun 2000\\]*](/view/html/inforce/2000-06-29/act-2000-036#GS6@EN) For the purposes of [subsection (8)](#GS7@Gs8@EN) , a notice is tabled in a House of Parliament if –\n> > \n> > > > (a) it is laid before that House; or\n> > > \n> > > > (b) if that House is not sitting at the relevant time –\n> > > > \n> > > > > > (i) it is provided to the Clerk of that House; and\n> > > > > \n> > > > > > (ii) it is published in the *Gazette*.\n> \n> > (11)  [*\\[Section 7 Subsection (11) inserted by No. 115 of 2001, s. 4, Applied:17 Dec 2001\\]*](/view/html/inforce/2001-12-17/act-2001-115#GS4@Hpe@EN) An Act that purports to repeal or amend [subsection (2)](#GS7@Gs2@EN) , [(4)](#GS7@Gs4@EN) , [(6)](#GS7@Gs6@EN) , [(7)](#GS7@Gs7@EN) , [(12)](#GS7@Gs12@EN) or [(13)](#GS7@Gs13@EN) , this subsection or the [definition of ***prescribed generating plant***](#GS7@Gs13@Nd37193637395833@EN) in [subsection (13)](#GS7@Gs13@EN) 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](/view/html/inforce/2026-04-12/act-1994-034) .\n> \n> > (12)  [*\\[Section 7 Subsection (12) inserted by No. 115 of 2001, s. 4, Applied:17 Dec 2001\\]*](/view/html/inforce/2001-12-17/act-2001-115#GS4@Hpe@EN) [Subsection (11)](#GS7@Gs11@EN) does not apply to an Act that –\n> > \n> > > > (a) repeals [subsection (2)](#GS7@Gs2@EN) , [(4)](#GS7@Gs4@EN) , [(6)](#GS7@Gs6@EN) , [(7)](#GS7@Gs7@EN) , [(11)](#GS7@Gs11@EN) or [(13)](#GS7@Gs13@EN) or this subsection if the Act enacts a provision substantially similar to the subsection repealed; or\n> > > \n> > > > (b) amends [subsection (2)](#GS7@Gs2@EN) , [(4)](#GS7@Gs4@EN) , [(6)](#GS7@Gs6@EN) , [(7)](#GS7@Gs7@EN) , [(11)](#GS7@Gs11@EN) or [(13)](#GS7@Gs13@EN) or this subsection if the amendments enacted do not lessen a majority required by [subsection (11)](#GS7@Gs11@EN) or otherwise substantially alter the effect of the subsection amended.\n> \n> > (13)  [*\\[Section 7 Subsection (13) inserted by No. 115 of 2001, s. 4, Applied:17 Dec 2001\\]*](/view/html/inforce/2001-12-17/act-2001-115#GS4@Hpe@EN) In this section,\n> > \n> > > ***prescribed generating plant*** means –\n> > > \n> > > > > (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](#JS1@EN) ; and\n> > > > \n> > > > > (b) a part of an electricity generating plant, as it existed on 30 June 2001, referred to in [paragraph (a)](#GS7@Gs13@Nd37193637395833@Hpa@EN) .","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Construction of major power facility","content":"### 8 Construction of major power facility\n\n> > (1)  [*\\[Section 8 Subsection (1) amended by No. 71 of 1997, s. 8, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS8@Hpb@EN) [*\\[Section 8 Subsection (1) amended by No. 71 of 1997, s. 8, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS8@Hpa@EN) The Corporation may only construct, or participate in constructing, a major power facility if –\n> > \n> > > > (a) [*\\[Section 8 Subsection (1) amended by No. 71 of 1997, s. 8, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS8@Hpc@EN) the construction of the major power facility is specifically authorised by an Act; or\n> > > \n> > > > (b) the proposal to establish the major power facility has been laid before both Houses of Parliament and both Houses have approved the proposal.\n> \n> > (2)  A proposal under [subsection (1)](#GS8@Gs1@EN) [(b)](#GS8@Gs1@Hpb@EN) must be accompanied by details of –\n> > \n> > > > (a) the nature of the major power facility; and\n> > > \n> > > > (b) [*\\[Section 8 Subsection (2) amended by No. 71 of 1997, s. 8, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS8@Hpd@EN) its capacity to generate electricity; and\n> > > \n> > > > (c) where the major power facility is to be situated; and\n> > > \n> > > > (d) [*\\[Section 8 Subsection (2) amended by No. 71 of 1997, s. 8, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS8@Hpe@EN) the estimated cost of constructing the major power facility, the extent to which the cost is to be met by the Corporation and the amount of loan finance the Corporation will need to obtain to meet the cost, or its share of the cost, of the major power facility.\n> \n> > (3)  A House of Parliament approves a proposal for the purposes of this section as follows:\n> > \n> > > > (a) the House may pass a resolution approving the proposal;\n> > > \n> > > > (b) if at the end of 5 sitting days from when the proposal was laid before the House, the House has not resolved to disapprove the proposal and no notice of motion to disapprove the proposal is before the House, the House is taken to have approved the proposal at the end of that period;\n> > > \n> > > > (c) if a notice of motion to disapprove the proposal is before the House at the end of that period, the House is taken to have approved the proposal if (and when) –\n> > > > \n> > > > > > (i) the notice is withdrawn; or\n> > > > > \n> > > > > > (ii) the motion is negatived; or\n> > > > > \n> > > > > > (iii) a further period of 9 sitting days ends (and a motion to disapprove the proposal has not been passed within that period).\n> \n> > (4)  In this section –[*\\[Section 8 Subsection (4) amended by No. 71 of 1997, s. 8, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS8@Hpf@EN)\n> > \n> > > [*\\[Section 8 Subsection (4) amended by No. 71 of 1997, s. 8, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS8@Hpf@EN) ***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;\n> > \n> > > [*\\[Section 8 Subsection (4) amended by No. 115 of 2001, s. 5, Applied:17 Dec 2001\\]*](/view/html/inforce/2001-12-17/act-2001-115#GS5@EN) ***new generating plant*** does not include plant installed by way of modification to existing generating plant or plant installed to replace existing generating plant on the same site or plant for the generation of electricity from the wind.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Minister's right to convene and attend meetings of the board of directors of the Corporation","content":"### 9 Minister's right to convene and attend meetings of the board of directors of the Corporation\n\n> > (1)  The chairperson of the board of directors of the Corporation must, at the Minister's request, convene a meeting of the board.\n> \n> > (2)  The Minister may –\n> > \n> > > > (a) attend meetings of the board of directors of the Corporation (whether convened under this section or not); and\n> > > \n> > > > (b) propose business for consideration at meetings of the board.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Regulations","content":"### 10 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.\n> \n> > (3)  The regulations may –\n> > \n> > > > (a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and\n> > > \n> > > > (b) in respect of such an offence, provide for the imposition of a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.\n> \n> > (4)  The regulations may authorise any matter to be from time to time determined, applied or regulated by the Minister or an officer or person nominated in the regulations.\n> \n> > (5)  [*\\[Section 10 Subsection (5) inserted by No. 71 of 1997, s. 9, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS9@EN) The regulations may contain provisions of a savings or transitional nature consequent on the commencement of the [Hydro-Electric Corporation Amendment Act 1997](/view/html/inforce/2026-04-12/act-1997-071) .\n> \n> > (6)  [*\\[Section 10 Subsection (6) inserted by No. 71 of 1997, s. 9, Applied:01 Jul 1998\\]*](/view/html/inforce/1998-07-01/act-1997-071#GS9@EN) A provision referred to in [subsection (5)](#GS10@Gs5@EN) may take effect on and from the day on which the [Hydro-Electric Corporation Amendment Act 1997](/view/html/inforce/2026-04-12/act-1997-071) commences or on a later day.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Administration of Act","content":"### 11 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Energy; and\n> > \n> > > (b) the department responsible to the Minister for Energy in relation to the administration of this Act is the Corporation.","sortOrder":13},{"sectionNumber":"SCHEDULE 1 - Prescribed genera","sectionType":"part","heading":"SCHEDULE 1 - Prescribed generating plants","content":"# SCHEDULE 1 - Prescribed genera SCHEDULE 1 - Prescribed generating plants\n\n[*\\[Schedule 1 Inserted by No. 115 of 2001, s. 6, Applied:17 Dec 2001\\]*](/view/html/inforce/2001-12-17/act-2001-115#GS6@EN)\n\n[Section 7(13)](#GS7@Gs13@EN)\n\n[definition of ***prescribed generating plant***](#GS7@Gs13@Nd37193637395833@EN) [section 7(13)](#GS7@Gs13@EN)\n\n| 1. | Bastyan |\n| 2. | Bell Bay |\n| 3. | Butlers Gorge |\n| 4. | Catagunya |\n| 5. | Cethana |\n| 6. | Cluny |\n| 7. | Currie |\n| 8. | Devil's Gate |\n| 9. | Fisher |\n| 10. | Gordon |\n| 11. | John Butters |\n| 12. | Lake Echo |\n| 13. | Lake Margaret |\n| 14. | Lemonthyme |\n| 15. | Liapootah |\n| 16. | Mackintosh |\n| 17. | Meadowbank |\n| 18. | Paloona |\n| 19. | Poatina |\n| 20. | Reece |\n| 21. | Repulse |\n| 22. | Rowallan |\n| 23. | Tarraleah |\n| 24. | Tods Corner |\n| 25. | Trevallyn |\n| 26. | Tribute |\n| 27. | Tungatinah |\n| 28. | Wayatinah |\n| 29. | Whitemark |\n| 30. | Wilmot |","sortOrder":14}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The corporation's scope has evolved significantly since 1995. Originally focused on Tasmanian hydroelectric generation, Hydro Tasmania has expanded into wind energy, interstate electricity trading, and consulting services in other jurisdictions and internationally. Amendments to the Act over time have likely broadened the corporation's permitted activities to reflect this commercial expansion beyond its original state-focused hydroelectric mandate."},"complexity_factors":["Involves government business enterprise law, which sits at the intersection of corporate law, public law, and energy regulation","Interacts with broader Tasmanian energy sector legislation and national electricity market frameworks","Governance structures for state-owned entities involve layered accountability mechanisms (ministerial, board, shareholder)","Has been amended multiple times since 1995, meaning the current version reflects layered changes that can be difficult to trace","Water resource management aspects intersect with environmental and planning law","Full substantive text was not available for review, limiting full complexity assessment"],"plain_english_summary":"## Hydro-Electric Corporation Act 1995 (Tasmania)\n\nThis Tasmanian law establishes and governs the **Hydro-Electric Corporation (Hydro Tasmania)** — the state-owned company that generates electricity primarily through hydroelectric (water-powered) power stations across Tasmania.\n\n### Who does this affect?\n- **Tasmanian electricity consumers** — Hydro Tasmania is a major player in Tasmania's energy supply, so this law underpins the structure of electricity generation in the state.\n- **Hydro Tasmania's employees and management** — the law sets out how the corporation is run, governed, and held accountable.\n- **The Tasmanian Government** — as the owner of the corporation, the government has oversight and accountability obligations under this Act.\n- **Environmental and community stakeholders** — Hydro Tasmania operates dams, lakes, and water infrastructure that significantly affect Tasmania's environment and regional communities.\n\n### What does it do?\n- **Creates the corporation** as a legal entity (a government business enterprise — essentially a company owned by the state rather than private shareholders).\n- **Sets out the corporation's powers and purposes**, including generating and selling electricity, managing water resources, and potentially operating in other energy markets.\n- **Establishes governance rules**, such as how the board is appointed, how it reports to the government, and what financial obligations it must meet.\n- **Defines the relationship** between Hydro Tasmania and the Tasmanian Government, including ministerial oversight and dividend (profit-sharing) arrangements.\n\n### Why does it matter?\nHydro Tasmania is one of Australia's largest renewable energy generators and a critical piece of Tasmania's infrastructure. This law is the legal foundation that allows it to operate, borrow money, enter contracts, and be held accountable to the public. Without it, the corporation would have no legal standing.\n\n> **Note:** The full text of the Act's substantive provisions was not included in this document — only metadata and status information was provided. This summary is based on the known scope of the Act and its legislative history."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1995 purpose. Initially focused on establishing the Hydro-Electric Corporation as a generator, it has grown to encompass: (1) National Electricity Market participation (added 1997-2000), (2) Basslink ownership and operation (added 2000), (3) Financial derivatives trading (added 2000, expanded 2025), (4) Retail electricity sales (added 1997), and (5) Complex asset protection mechanisms including referendum requirements for privatisation (added 2001). The Act has transformed from a simple corporate establishment statute into a comprehensive governance framework for Tasmania's energy sector with unusual democratic safeguards."},"complexity_factors":["Multiple amendment layers visible in the text (1997, 2000, 2001, 2005, 2025) creating a patchwork of historical changes","Nested conditional logic in section 7 with multiple tiers of approval requirements (Ministerial consent → Parliamentary approval → Referendum)","Cross-references to at least 4 other Acts (Government Business Enterprises Act 1995, Electricity Supply Industry Act 1995, National Electricity (South Australia) Act 1996, Referendum Procedures Act 1994)","Complex defined terms including 'derivative' with multi-part definitional structure and regulatory prescription clauses","Detailed procedural mechanisms for parliamentary approval with sitting day calculations (5 sitting days, 9 sitting days, notice periods)","Specific exceptions to exceptions (e.g., section 7(7) excludes maintenance activities from the referendum requirement)","Schedule 1 lists 30 specific power stations with protected status","Subsection 7(11) contains a 'double entrenchment' provision—requiring a referendum even to amend the referendum requirement itself"],"plain_english_summary":"This legislation establishes and governs the **Hydro-Electric Corporation** (formerly the Hydro-Electric Commission), which is Tasmania's state-owned electricity generator.\n\n**What it does:**\n- **Creates the Corporation** as a \"Government Business Enterprise\" (a type of state-owned company that operates commercially but remains government-owned)\n- **Sets its main job**: generating electricity, particularly through hydro-electric power\n- **Expands its powers over time** to include:\n  - Selling and trading electricity\n  - Participating in the National Electricity Market (the wholesale electricity market across eastern Australia)\n  - Owning and operating **Basslink** (the undersea cable connecting Tasmania to Victoria's electricity grid)\n  - Entering into financial contracts called \"derivatives\" (complex financial instruments used to manage price risks)\n  - Providing consulting services\n\n**Key restrictions:**\n- The Corporation needs a licence for certain activities under separate electricity laws\n- **Selling major assets is heavily restricted**: Disposing of power stations listed in Schedule 1 (like Bell Bay, Gordon, Poatina, etc.) requires either:\n  - Parliamentary approval for Bell Bay Power Station specifically\n  - A **public referendum** for other major power stations\n  - Ministerial consent for land deals\n- **Building new major power stations** (over 40 megawatts) requires specific parliamentary approval or new legislation\n\n**Why it matters:**\nThis Act protects Tasmania's publicly-owned electricity assets from being sold off without democratic oversight. The referendum requirement for selling major power stations is unusual and significant—it means Tasmanian voters get a direct say in privatisation decisions. The legislation also enabled Tasmania to connect to the national grid via Basslink, fundamentally changing how the state trades electricity."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded and specified by later amendments inserted into the text shown. Notable scope changes in the supplied instrument include: additions defining and authorising Basslink and giving the Corporation a role in its development, ownership and operation (s 3 definition of Basslink; s 5(2)(e)–(g)); explicit authorisation to enter derivative and renewable-related financial arrangements subject to Treasurer’s Instructions and joint Minister/Treasurer directions (s 5(3)); and strengthened procedural protections over disposals and amendments (Parliamentary approval for Bell Bay and referenda for other prescribed generating plants, and a requirement that certain repeals/amendments themselves need referendum approval) (s 7(4)–(7), 7(11)–(12), Schedule 1). The Act also tightened construction controls for \"major power facilities\" by requiring either a specific Act or explicit parliamentary approval (s 8). These insertions broaden the Corporation’s commercial powers (market participation, Basslink, derivatives) while simultaneously adding procedural constraints and public-approval locks on asset disposals and structural changes (ss 5, 7, 8)."},"complexity_factors":["Multiple cross-references to other statutes (Government Business Enterprises Act 1995; Electricity Supply Industry Act 1995; National Electricity Law/Rules; Referendum Procedures Act 1994) increasing legal interdependence (see ss 4, 5(3), 7(1), 7(6), 7(11)).","Layered approval requirements for asset disposals and major projects: Ministerial consent, parliamentary approval, and in some cases referendum approval (ss 7(2), 7(4)–(6), 8(1)–(3), 7(11)–(12)).","Detailed, specific provisions for Basslink with exceptions to general consent rules (ss 5(2)(e)–(g), 7(8)–(10)).","Delegated and discretionary powers: Treasurer’s Instructions and joint Minister/Treasurer directions constrain financial arrangements (s 5(3)); regulations may delegate determinations to the Minister or nominated officers (s 10(4)).","Regulatory rulemaking and criminal penalties are enabled, with variable application and continuing offences subject to fines (s 10(3)).","Technical definitions and a prescribed list of generating plants create categorical thresholds and locked-in protections (s 3 definitions; Schedule 1; s 7(13)).","Amendment history and inserted protections (several amendment notes embedded in sections) create layered textual complexity and conditions on repeal (s 7(11)–(12))."],"plain_english_summary":"### What this Act does, in plain terms\n\n- It keeps the Hydro-Electric Corporation (the Corporation) operating as a Government Business Enterprise (GBE) (s 4). The Act sets out what the Corporation can and cannot do, and the rules for big decisions about its assets and major projects.\n\n- Core functions and powers: The Corporation’s statutory functions are mainly to generate electricity and to do things necessary for generation. It may retail electricity only with Ministerial approval and may perform other functions agreed with the Minister (s 5(1)). Its statutory powers include building, operating and maintaining electricity infrastructure, trading and acquiring electricity, participating in the National Electricity Market, developing, owning and using Basslink, offering consultancy services and doing R&D (s 5(2), (e)–(i)).\n\n- Financial/contracting scope: The Corporation may enter into trading and financial arrangements including derivatives and arrangements concerning renewable or other energy sources, but only in accordance with Treasurer’s Instructions or joint directions of the Minister and the Treasurer (s 5(3)).\n\n- Licensing and limits: The Corporation may only carry out functions that require a licence under the Electricity Supply Industry Act 1995 if it holds the relevant licence (s 7(1)).\n\n- Controls over asset transactions: The Corporation needs written Ministerial consent to deal with or dispose of prescribed generating plants or to acquire/deal with land, and some disposals are subject to extra approvals:\n  - Any consent to deal with Bell Bay Power Station or its land has no effect until approved by both Houses of Parliament (s 7(4)–(5)).\n  - Consent for other prescribed generating plants or their land requires approval by a majority of electors in a referendum (s 7(6)).\n  - There are exceptions for ordinary maintenance, repair, replacement or upgrades, and for dealings that do not significantly change generation capacity (s 7(7)).\n  - Certain Basslink acquisition/disposal rules and parliamentary notification requirements are set out separately (s 7(8)–(10)).\n\n- Building major power facilities: The Corporation may only construct or take part in constructing a major power facility if a specific Act authorises it or if both Houses of Parliament approve a laid proposal. Proposals must include details like capacity, site and estimated cost (s 8(1)–(3)). \"Major power facility\" is defined by capacity and other features (s 8(4)).\n\n- Ministerial oversight of governance: The Minister can require the Corporation’s board chair to convene board meetings, may attend board meetings and may propose business for board consideration (s 9).\n\n- Regulations, delegation and penalties: The Governor may make regulations to implement the Act. Regulations may create offences and fines (up to 100 penalty units and continuing fines) and may allow the Minister or nominated officers to determine matters (s 10).\n\n- Administration: Until an Administrative Arrangements Order assigns administration elsewhere, the Minister for Energy administers the Act and the department responsible is the Corporation (s 11).\n\n### Who this affects\n\n- The Hydro-Electric Corporation directly: its permitted activities, governance, contracting and asset transactions are regulated (ss 4–9).\n- Ministers and Parliament: the Minister has powers to approve retailing and must consent in writing to certain asset transactions; Parliament (both Houses) or a referendum may be required for specified disposals or projects (ss 5(1)(c), 7(2), 7(4)–(6), 8(1)–(3)).\n- Electricity market participants and licence holders: the Corporation’s participation in wholesale markets and retail activities interacts with licensing and the National Electricity Market (ss 5(2)(d), 7(1)).\n- Private parties or investors dealing with Basslink, prescribed generating plants or land: transactions are subject to statutory consent, parliamentary notification and, in some cases, referendum approval (ss 5(2)(e)–(f), 7(2), 7(8)–(10)).\n\n### Why it matters (mechanically and in incentives)\n\n- It gives a government-owned corporation explicit authority to generate, trade and potentially retail electricity and to own or take part in interstate transmission infrastructure (Basslink) (s 5(1)–(2)). This creates the legal basis for the Corporation to act as an active market participant (s 5(2)(b)–(d)).\n\n- It creates a gate for major asset or capacity changes: Ministerial consent, parliamentary approval or a referendum can be required for disposals or construction of major facilities (s 7(2), 7(4)–(6), 8(1)–(3)). Those procedural checks can constrain or slow how the Corporation alters its asset base or builds new capacity.\n\n- It allows the Corporation to use derivatives and to enter into complex financial arrangements, but ties that authority to Treasurer’s Instructions and joint directions, placing fiscal oversight with the Treasurer and the Minister (s 5(3)).\n\n- It permits the Minister to be present at board meetings and require they be convened, which embeds executive influence into corporate governance (s 9).\n\n### Implementation risks, compliance burden and who decides (mechanics)\n\n- Compliance and administrative burden: The Corporation must hold and comply with licences under the Electricity Supply Industry Act to perform licenced functions (s 7(1)). Regulations may also create further compliance requirements and penalties (s 10).\n\n- Decision-makers and discretion: The Minister and Treasurer exercise discretion over financial arrangements (s 5(3)), the Minister must give written consent for certain disposals or acquisitions (s 7(2)), and the Governor (via regulations) may delegate determination powers to the Minister or nominated officers (s 10(4)). Parliament (both Houses) or electors via referendum can effectively veto certain disposals (s 7(4)–(6), (11)–(12)).\n\n- Opportunity costs and trade-offs: Parliamentary and referendum approval requirements limit rapid asset sales or restructuring (s 7(4)–(6)), and the requirement for licence compliance may restrict some operational choices (s 7(1)). Conversely, statutory power to participate in markets and in Basslink expands the Corporation’s commercial options (s 5(2)(d)–(g)).\n\n### Effects on private enterprise and markets (directly supported by the Act)\n\n- The Act enables the Corporation to participate in the National Electricity Market and, with Ministerial approval, to retail electricity. Those powers allow the Corporation to compete with private retailers and market participants subject to licensing and market rules (s 5(1)(c), 5(2)(d)).\n\n- The Corporation’s power to construct or own Basslink and enter related agreements (s 5(2)(e)–(g)) gives it a statutory role in interstate transmission infrastructure projects.\n\n- The Act’s constraints on disposal and construction (s 7, s 8) can affect private investors’ ability to acquire certain assets from the Corporation, or to rely on the Corporation as a counterparty for asset transactions, because statutory consents and public approvals may be required.\n\n(Section references above are to the Hydro-Electric Corporation Act 1995 as provided.)"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/hydro-electric-corporation-act-1995","history":"/api/acts/hydro-electric-corporation-act-1995/history","analysis":"/api/acts/hydro-electric-corporation-act-1995/analysis","conflicts":"/api/acts/hydro-electric-corporation-act-1995/conflicts","importantCases":"/api/acts/hydro-electric-corporation-act-1995/important-cases","documents":"/api/acts/hydro-electric-corporation-act-1995/documents"}}