{"id":"tas:act-1901-053","name":"Lakes Sorell and Crescent Conservation Act 1901","slug":"lakes-sorell-and-crescent-conservation-act-1901","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"53 of 1901","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110776,"registerId":"tas-act-1901-053-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Lakes Sorell and Crescent Conservation Act 1901](/view/html/inforce/2026-04-12/act-1901-053) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Repeal","content":"### 2 Repeal\n\n> *\\[Section 2 Amended by No. 36 of 1958, s. 5 \\]*The Acts set forth in [Schedule 1](#JS1@EN) , to the extent therein mentioned, are hereby repealed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> *\\[Section 3 Substituted by No. 36 of 1958, s. 4 and Sched. 3 \\]**\\[Section 3 Amended by No. 51 of 1985, s. 4 and Sched. 2, Part II \\]**\\[Section 3 Amended by No. 5 of 1990, s. 3 and Sched. 1 \\]*In this Act, unless the contrary intention appears –\n> \n> > ***Trustees of the River Clyde*** means the trustees for the time being appointed or elected under the [Clyde Water Act 1898](/view/html/inforce/2026-04-12/act-1898-062) ;\n> \n> > ***Trustees of the Midland Water District*** means the trustees for the time being appointed or elected under the [Midland Water Act 1898](/view/html/inforce/2026-04-12/act-9999-999) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Power to erect works and divert waters of Lake Sorell","content":"### 4 Power to erect works and divert waters of Lake Sorell\n\n> *\\[Section 4 Amended by No. 36 of 1958, s. 4 and s. 5 and Sched. 3 \\]*\n> \n> > (1)  It shall be lawful for the Minister to enter upon Lake Sorell, Lake Crescent, and the Rivers Interlaken and Clyde, and the beds and shores thereof, and to cause such works to be erected or established in the beds of such lakes and rivers, and on the shores or banks thereof, as shall be necessary to conserve or divert the waters thereof, and to divert and appropriate such quantity of the water of the said lakes and rivers, not exceeding 90 000 cubic yards every 24 hours, as shall be required for the purposes of the [Midland Water Act 1898](/view/html/inforce/2026-04-12/act-9999-999) , and to deliver such water to the Trustees of the Midland Water District at such point as the Minister may determine.\n> \n> > (2)  It shall be lawful for the Minister to construct, repair, alter, and remove such channels, sluices, and other works as may be required to convey water directly from Lake Sorell or Lake Crescent to the River Clyde, as the Minister may deem necessary.\n> \n> > (3)  The Minister shall not be entitled to divert and appropriate any water from Lake Sorell or Lake Crescent, except as hereinafter provided, before the Trustees of the River Clyde shall have taken or have available to them a daily supply of 100 000 cubic yards of water from the waters in Lake Sorell or Lake Crescent, for the purposes of the [Clyde Water Act 1898](/view/html/inforce/2026-04-12/act-1898-062) , such supply to pass through a meter or other contrivance for the measurement of the flow of water fixed at the outlet from Lake Sorell.\n> \n> > (4)  If the Minister at any time excavates or constructs any channel, sluice, or other works to convey water directly from Lake Sorell or Lake Crescent to the River Clyde, he shall erect another meter or other contrivance for the measurement of the flow of water at the intake of such channel, sluice, or other works from Lake Sorell or Lake Crescent; but the Minister shall not take from Lake Sorell or Lake Crescent, along such channel, sluice, or other work as aforesaid, a quantity exceeding 100 000 cubic yards every 24 hours, for the purposes of the [Clyde Water Act 1898](/view/html/inforce/2026-04-12/act-1898-062) .","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"When Minister may conserve water at lakes","content":"### 5 When Minister may conserve water at lakes\n\n> > (1)  The Minister shall construct a permanent gauge at a suitable place in the River Clyde at or near Bothwell.\n> \n> > (2)  Whenever the flow of water passing through the gauge at or near Bothwell exceeds 100 000 cubic yards in 24 hours, it shall be lawful for the Minister to conserve the water of Lakes Sorell and Crescent, and to continue to so conserve such water so long as such flow of water passing through such gauge exceeds 100 000 cubic yards every 24 hours.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Owners of land to be paid compensation","content":"### 6 Owners of land to be paid compensation\n\n> *\\[Section 6 Amended by No. 36 of 1958, s. 5 \\]**\\[Section 6 Amended by No. 24 of 1993, s. 3 and Sched. 1 \\]*The owner of any land shall be entitled to compensation for all loss or injury he may sustain by reason of the construction of any dam, channel, sluice, embankment, or work, and also for any other injury he may sustain by reason of the exercise by the Minister of any of the powers vested in him by virtue of this Act; and that compensation shall be determined as if there was a disputed claim for compensation under the [Land Acquisition Act 1993](/view/html/inforce/2026-04-12/act-1993-023) .","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Powers of Minister","content":"### 7 Powers of Minister\n\n> *\\[Section 7 Amended by No. 36 of 1958, s. 5 \\]*For the purpose of executing any works under the provisions of this Act, the Minister may have and exercise all or any of the powers vested in and be subject to all the liabilities imposed upon the Trustees of the River Clyde by the [Clyde Water Act 1898](/view/html/inforce/2026-04-12/act-1898-062) , or in and upon the Trustees of the Midland Water District by the [Midland Water Act 1898](/view/html/inforce/2026-04-12/act-9999-999) .","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Cost of works","content":"### 8 Cost of works\n\n> The cost of any works to be constructed under the provisions of this Act shall be defrayed out of money to be provided by Parliament for that purpose.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Trustees to pay interest","content":"### 9 Trustees to pay interest\n\n> > (1)  [*\\[Section 9 Subsection (1) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja56@GC1@Hpa@EN) *\\[Section 9 Subsection (1) amended by No. 55 of 1965, s. 3 and Sched. 1 \\]*The Trustees of the River Clyde shall, out of the money at the disposal of such Trustees, pay annually to the Public Account a sum equal to 5 per cent on one-half of the cost of all works erected or established for conserving the water in Lake Sorell or Lake Crescent under the provisions of this Act, and a sum equal to 5 per cent on the cost of any works constructed for the purpose of conveying water directly from Lake Sorell to the River Clyde.\n> \n> > (2)  [*\\[Section 9 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja56@GC1@Hpb@EN) *\\[Section 9 Subsection (2) amended by No. 55 of 1965, s. 3 and Sched. 1 \\]*The Trustees of the Midland Water District shall, out of the money at the disposal of such Trustees, pay annually to the Public Account a sum equal to 5 per cent on one-half of the cost of all works erected or established for conserving the water in Lake Sorell and Lake Crescent, under the provisions of this Act, and on the whole cost of all works erected or established for the purpose of diverting water from Lake Sorell or Lake Crescent to the point at which it shall be delivered by the Minister to the said Trustees, for the purposes of the [Midland Water Act 1898](/view/html/inforce/2026-04-12/act-9999-999) .\n> \n> > (3)  For the purposes of this section the Auditor-General shall certify under his hand the capital cost of the several works herein mentioned, and the proportionate amount of such cost in respect of which the Trustees of the River Clyde and of the Midland Water District respectively have to pay interest as hereinbefore provided, and such certificate shall be final and binding upon all parties.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Minister to keep works in repair","content":"### 10 Minister to keep works in repair\n\n> *\\[Section 10 Amended by No. 36 of 1958, s. 4 and s. 5 and Sched. 3 \\]*\n> \n> > (1)  The Minister shall maintain all works constructed by him under the provisions of this Act in a proper state of repair, and shall provide for the proper supervision and management of the same.\n> \n> > (2)  The expenses incurred by the Minister under this section shall be borne by the Trustees of the River Clyde and of the Midland Water District respectively in the same proportion, and shall be recoverable in the same manner as the interest payable under [section 9](#GS9@EN) .","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Remedy for non-payment of interest, &c.","content":"### 11 Remedy for non-payment of interest, &c.\n\n> *\\[Section 11 Amended by No. 36 of 1958, s. 4 and s. 5 and Sched. 3 \\]*\n> \n> > (1)  If default is made by the Trustees of the River Clyde or the Trustees of the Midland Water District in payment of any interest or other sum or sums of money payable under the provisions of this Act when the same shall become due, the Minister may, by writing under his hand, appoint, at such salary as he thinks fit, a receiver of the rates of such district so making default as aforesaid, and may remove such receiver.\n> \n> > (2)  Any receiver appointed under this section shall be entitled to receive all rates payable to such Trustees, and to make and levy rates for the purpose of paying the amounts due together with all costs, and for the purposes aforesaid the receiver shall be deemed to be the Trustees, and may exercise all the powers thereof. And such receiver shall continue to act until payment has been made to the Minister of the amount in default, together with payment of costs and expenses of his salary.","sortOrder":10},{"sectionNumber":"SCHEDULE 1","sectionType":"part","heading":"SCHEDULE 1","content":"# SCHEDULE 1 SCHEDULE 1\n\n| Date and number of Act | Title of Act | Extent of repeal |\n| 62 Vict. No. 62 | The Clyde Water Act 1898 | Section 9 (II.) and so much of section 9 as empowers the Trustees of the River Clyde to construct, repair, alter, and remove any dams, sluices, or other works on the River Interlaken, or on the banks of Lake Sorell, or to enter or cause their servants to enter upon any land on either side of the said river or lake. |\n| 62 Vict. No. 63 | The Midland Water Act 1898 | Section 30 (1), section 31. |\n| 64 Vict. No. 46 | The Midland Water Act 1900 | The whole Act. |","sortOrder":11}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: managing water diversion and conservation from Lakes Sorell and Crescent for the benefit of two specific water districts. While amended several times (notably in 1958, 1985, 1990, 1993, and 2017), these changes have been technical updates—modernising compensation provisions, updating accounting references (Public Account), and clarifying administrative details—rather than expanding the Act's scope beyond water management for these two specific lakes and districts."},"complexity_factors":["Only 2 defined terms in the interpretation section ('Trustees of the River Clyde' and 'Trustees of the Midland Water District')","Straightforward conditional logic (priority water rights for River Clyde before Midland diversions)","Simple arithmetic formulas for interest payments (5% on half or full cost of works)","Minimal cross-referencing—primarily references to two companion Acts (Clyde Water Act 1898 and Midland Water Act 1898)","No nested exceptions or deeply conditional subsections","Short length (11 sections plus schedule)","Clear sequential structure: powers → conditions → compensation → payment → enforcement"],"plain_english_summary":"This 1901 Tasmanian law manages water from two specific lakes—Sorell and Crescent—in the state's Central Highlands. It gives the Minister power to build dams, channels, and sluices to control and divert water from these lakes to two different water districts: the River Clyde district and the Midland Water District.\n\n**Key points:**\n\n- **Priority water rights**: The River Clyde trustees get first dibs. They must receive 100,000 cubic yards of water per day before the Minister can divert any water to the Midland district.\n\n- **Water limits**: The Minister can divert up to 90,000 cubic yards per day to the Midland Water District, but only after the River Clyde's needs are met. There's also a cap of 100,000 cubic yards per day for direct transfers to the River Clyde through new channels.\n\n- **Conservation rules**: The Minister can only 'bank' or conserve water in the lakes when the River Clyde at Bothwell is flowing at more than 100,000 cubic yards per day. This ensures downstream users aren't starved of water.\n\n- **Who pays**: The two water trustee groups must pay annual interest (5%) to the government on the cost of the infrastructure, split according to which works benefit which district. They also share ongoing repair costs.\n\n- **Compensation**: Landowners affected by the construction works are entitled to compensation, calculated under modern land acquisition laws.\n\n- **Enforcement**: If the trustees don't pay what they owe, the Minister can appoint a receiver to take over their finances and collect rates directly from water users until the debt is cleared.\n\n**Why it matters**: This is essentially a water-sharing agreement carved into law, balancing the needs of two different regions (the Clyde area and the Midland district) while ensuring landowners are compensated and the infrastructure is maintained. It remains relevant today for water management in Tasmania."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act narrows and recasts earlier trustee powers by repealing specified provisions of the Clyde and Midland Acts (Schedule 1) and vests primary construction, diversion and management authority in the Minister (s4, s7). It creates a new operational regime with measured daily diversion limits and a gauge trigger (s4–s5), shifts capital funding to Parliament (s8) while imposing recurring payment and repair cost obligations on the trustees (s9–s10), and adds a receivership remedy for trustee default (s11)."},"complexity_factors":["Cross-references to multiple earlier Acts (Clyde Water Act 1898, Midland Water Act 1898/1900, Land Acquisition Act 1993) which allocate powers, liabilities and compensation frameworks.","Numeric and measurement constraints (s4: diversion limits of 90,000 and 100,000 cubic yards per 24 hours; s5: gauge threshold of 100,000 cubic yards) requiring operational monitoring and metering.","Transfer and overlap of powers between Minister and trustees (s4, s7 and Schedule 1): centralises construction and diversion powers in the Minister while importing trustee liabilities.","Financial allocation and recovery rules (s8: parliamentary funding of capital; s9: trustees pay annual interest percentages on capital; s10: trustees share repair costs) create ongoing fiscal obligations.","Administration and enforcement mechanisms (s9(3): Auditor‑General certification of capital costs; s11: Ministerial appointment of a receiver with rate‑levying powers on trustee districts).","Amendments and historical repeals (Schedule 1, various amendments noted) add interpretive complexity about which historical powers remain in force.","Potential practical compliance burdens: installation and maintenance of meters/gauge, accounting for apportioned costs, and actuarial/capital certification by Auditor‑General."],"plain_english_summary":"This Act authorises the Minister to build and operate works to conserve or divert water from Lakes Sorell and Crescent and connected rivers, with fixed daily take limits and meters/gauges, and provides that Parliament will fund capital works. It requires the River Clyde and Midland Water trustees to pay specified ongoing charges and maintenance shares, entitles landowners to compensation under the Land Acquisition Act 1993, and allows the Minister to appoint a receiver if trustees default."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have maintained its original focused purpose of conserving Lakes Sorell and Crescent since 1901. While there have been amendments over the years, there is no indication from the provided text that the scope has fundamentally shifted from its original conservation intent."},"complexity_factors":["Very limited legislative text was provided — only status and metadata information, not the operative provisions","The Act is old (1901) and may use archaic legal language in its full form","As a single-purpose, geographically specific conservation act, it is likely narrow in scope","Has been amended over time (amendments table referenced), which could add layers of complexity in the full version"],"plain_english_summary":"The Lakes Sorell and Crescent Conservation Act 1901 is a Tasmanian law establishing enduring legal protection for Lakes Sorell and Crescent and their environs to conserve water quality and ecological integrity. \n\nIt affects nearby landowners, recreational users (fishers, campers, boaters), developers and the government agencies that manage the area — providing the statutory basis to restrict harmful activities and respond to threats to an important historic fishery."}},"importantCases":[],"_links":{"self":"/api/acts/lakes-sorell-and-crescent-conservation-act-1901","history":"/api/acts/lakes-sorell-and-crescent-conservation-act-1901/history","analysis":"/api/acts/lakes-sorell-and-crescent-conservation-act-1901/analysis","conflicts":"/api/acts/lakes-sorell-and-crescent-conservation-act-1901/conflicts","importantCases":"/api/acts/lakes-sorell-and-crescent-conservation-act-1901/important-cases","documents":"/api/acts/lakes-sorell-and-crescent-conservation-act-1901/documents"}}