{"id":"tas:act-2003-018","name":"Meander Dam Project Act 2003","slug":"meander-dam-project-act-2003","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"18 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105633,"registerId":"tas-act-2003-018-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 [Meander Dam Project Act 2003](/view/html/inforce/2026-04-12/act-2003-018) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act – [*\\[Section 3 Subsection (1) amended by No. 8 of 2011, Sched. 1, Applied:01 Jul 2011\\]*](/view/html/inforce/2011-07-01/act-2011-008#JS1@Ja2@GC1@Hpa@EN)\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 34 of 2015, s. 17, Applied:01 Jan 2016\\]*](/view/html/inforce/2016-01-01/act-2015-034#GS17@EN) ***dam permit*** means the permit authorising the construction of the dam for the Meander Dam project granted by the Assessment Committee (in accordance with [section 157 of the](/view/html/inforce/2026-04-12/act-1999-045#GS157@EN) [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) as in force on the day on which this Act commences) as, if applicable, from time to time amended;\n> > \n> > > ***environment protection notice*** means the environment protection notice in respect of the Meander Dam project issued by the Director on 10 October 2002 (in accordance with [sections 27](/view/html/inforce/2026-04-12/act-1994-044#GS27@EN) and [44(1)(a) of the](/view/html/inforce/2026-04-12/act-1994-044#GS44@Gs1@Hpa@EN) [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) ) as, if applicable, from time to time amended;\n> > \n> > > ***HEC*** means the Hydro-Electric Corporation, being the body continued in existence by [section 4 of the](/view/html/inforce/2026-04-12/act-1995-057#GS4@EN) [Hydro-Electric Corporation Act 1995](/view/html/inforce/2026-04-12/act-1995-057) ;\n> > \n> > > ***law of the State*** includes –\n> > > \n> > > > > (a) a State policy; and\n> > > > \n> > > > > (b) a planning scheme; and\n> > > > \n> > > > > (c) a council by-law;\n> > \n> > > ***Meander Dam project*** means –\n> > > \n> > > > > (a) the construction, in accordance with the dam permit, of a dam at the prescribed location (including all associated infrastructure and facilities); and\n> > > > \n> > > > > (b) the commissioning and operation of that dam;\n> > \n> > > ***prescribed location*** means a location on the Meander River in northern Tasmania, downstream of its confluence with Warners Creek between Warners Sugarloaf and Archers Sugarloaf, at approximate grid reference 468300E 5384200N on the prescribed map;\n> > \n> > > ***prescribed map*** means the map sheet numbered 4638 and entitled \"QUAMBY BLUFF\" (Edition 2, 1987) in the Tasmania 1:25 000 map series published by the State government through the body then operating under the registered business name \"TASMAP\";\n> > \n> > > ***quarry permit*** means the permit authorising the development and use of a quarry for the purposes of the Meander Dam project granted by the Meander Valley Council on 10 December 2002 (in accordance with [section 57 of the](/view/html/inforce/2026-04-12/act-1993-070#GS57@EN) [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) ) as, if applicable, from time to time amended;\n> > \n> > > ***reserved land*** means land that is –\n> > > \n> > > > > (a) State forest within the meaning of the [Forestry Act 1920](/view/html/inforce/2026-04-12/act-1920-060) ; or\n> > > > \n> > > > > (b) a forest reserve within the meaning of that Act;\n> > \n> > > ***responsible entity*** means –\n> > > \n> > > > > (a) [*\\[Section 3 Subsection (1) amended by No. 8 of 2011, Sched. 1, Applied:01 Jul 2011\\]*](/view/html/inforce/2011-07-01/act-2011-008#JS1@Ja2@GC1@Hpb@EN) Tasmanian Irrigation Pty Ltd (ACN 133 148 384); or\n> > > > \n> > > > > (b) a subsequent developer or operator of the Meander Dam project;\n> > \n> > > ***responsible Minister*** means the Minister administering the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) ;\n> > \n> > > ***RMPAT decision*** means the decision of the Appeal Tribunal relating to certain appeals against the dam permit, and an appeal against the environment protection notice, dated 22 January 2003 (Appeal Tribunal reference J12/2003, relating to Appeals No. 225/02E, 226/02W and 233/02W);\n> > \n> > > ***South Esk River hydro-electric district*** means the district appointed and defined by Statutory Rules 1958, No. 111 (as amended by Statutory Rules 1960, No. 67) as a hydro-electric water district under [section 26 of the](/view/html/inforce/2026-04-12/act-1957-039#) [Water Act 1957](/view/html/inforce/2026-04-12/act-1957-039) with the name \"South Esk River Hydro-Electric Water District\" and continued in existence as a hydro-electric district, on the repeal of that Act, by [Schedule 4 to the](/view/html/inforce/2026-04-12/act-1999-045#JS4@EN) [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) ;\n> > \n> > > ***special licence*** means the special licence held by the HEC in respect of the South Esk River hydro-electric district;\n> > \n> > > ***works commencement day*** means the day on which the works authorised by the dam permit are commenced.\n> \n> > (2)  Expressions that are defined in the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) and used in this Act have, unless the contrary intention appears, the same meaning in this Act as they do in that Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"### 4 Act binds Crown\n\n> This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Reinstatement of dam permit, &c.","content":"### 5 Reinstatement of dam permit, &c.\n\n> > (1)  The dam permit and environment protection notice which were set aside by the RMPAT decision are reinstated.\n> \n> > (2)  None of the following is reviewable or appealable under the [Judicial Review Act 2000](/view/html/inforce/2026-04-12/act-2000-054) or any other law of the State:\n> > \n> > > > (a) the reinstatement of the dam permit or environment protection notice;\n> > > \n> > > > (b) the validity of the dam permit or environment protection notice;\n> > > \n> > > > (c) the conditions of the dam permit;\n> > > \n> > > > (d) the requirements or conditions of the environment protection notice;\n> > > \n> > > > (e) a decision of the Assessment Committee under [section 162 of the](/view/html/inforce/2026-04-12/act-1999-045#GS162@EN) [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) in relation to the dam permit.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Implementation of project","content":"### 6 Implementation of project\n\n> The responsible entity may do all things that may be necessary or expedient for the purposes of implementing the Meander Dam project pursuant to and in accordance with –\n> \n> > > (a) the dam permit; and\n> > \n> > > (b) the environment protection notice; and\n> > \n> > > (c) the quarry permit; and\n> > \n> > > (d) the licence referred to in [section 7](#GS7@EN) ; and\n> > \n> > > (e) any prescribed instrument.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Water licence and water allocation","content":"### 7 Water licence and water allocation\n\n> > (1)  On and after the works commencement day, the responsible entity is taken to hold a licence under [Part 6 of the](/view/html/inforce/2026-04-12/act-1999-045#HP6@EN) [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) specifying that the responsible entity may take water from the Meander River and the following, secondary, water resources:\n> > \n> > > > (a) Dunning Rivulet;\n> > > \n> > > > (b) Huntsman Rivulet;\n> > > \n> > > > (c) Sales Rivulet;\n> > > \n> > > > (d) Warners Creek;\n> > > \n> > > > (e) unnamed tributaries of the water resources referred to in [paragraphs (a)](#GS7@Gs1@Hpa@EN) , [(b)](#GS7@Gs1@Hpb@EN) , [(c)](#GS7@Gs1@Hpc@EN) and [(d)](#GS7@Gs1@Hpd@EN) .\n> \n> > (2)  The licence is taken to –\n> > \n> > > > (a) have been granted by the responsible Minister on such initial terms and conditions as he or she determines before the works commencement day; and\n> > > \n> > > > (b) be endorsed with the water allocation that is transferred to the responsible entity by the HEC from the water allocation of the special licence.\n> \n> > (3)  None of the following is reviewable or appealable under the [Judicial Review Act 2000](/view/html/inforce/2026-04-12/act-2000-054) or any other law of the State:\n> > \n> > > > (a) the granting or holding of the licence;\n> > > \n> > > > (b) the initial terms or conditions of the licence;\n> > > \n> > > > (c) a decision of the responsible Minister under [Division 4 of Part 6 of the](/view/html/inforce/2026-04-12/act-1999-045#HP6@HD4@EN) [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) approving the transfer by the HEC of a water allocation of the special licence to the responsible entity.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Adjustment of State forest, &c.","content":"### 8 Adjustment of State forest, &c.\n\n> > (1)  Such Crown land at or in the vicinity of the prescribed location as is required to be disturbed, cleared, excavated, built on, submerged or otherwise modified or used for the purposes of the Meander Dam project or any related hydro-electric power-generating facility may be so modified or used notwithstanding that the Crown land may be reserved land.\n> \n> > (2)  As soon as any reserved land is so modified or used  it ceases, by virtue of this section, to be reserved land.\n> \n> > (3)  [Subsection (1)](#GS8@Gs1@EN) has effect only until the second of the following events occurs:\n> > \n> > > > (a) the \"work as executed\" report referred to in clause 12 of the dam permit conditions is received by the Secretary of the responsible Department in relation to the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) ;\n> > > \n> > > > (b) the responsible Minister reasonably determines that the dam for the Meander Dam project is first filled to its maximum authorised storage capacity.\n> \n> > (4)  For the purpose of [subsection (3)](#GS8@Gs3@EN) , the responsible Minister is to give notice in the *Gazette* specifying the date of the occurrence of each event referred to in that subsection.\n> \n> > (5)  A notice under [subsection (4)](#GS8@Gs4@EN) –\n> > \n> > > > (a) is not a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) ; and\n> > > \n> > > > (b) is to be published on, or as soon as practicable after, the occurrence of the relevant event; and\n> > > \n> > > > (c) is determinative of the date of the occurrence of the relevant event; and\n> > > \n> > > > (d) is to specify whether it is the first or second such notice.\n> \n> > (6)  As soon as practicable after the second such notice is published, the responsible Minister, after consulting the Minister administering the [Forestry Act 1920](/view/html/inforce/2026-04-12/act-1920-060) , is to lodge in the Central Plan Register a plan identifying the Crown land that has ceased to be reserved land by virtue of this section.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Project is taken to meet and further certain objectives","content":"### 9 Project is taken to meet and further certain objectives\n\n> The Meander Dam project is taken to meet and further the objectives of –\n> \n> > > (a) the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) ; and\n> > \n> > > (b) all relevant State policies.","sortOrder":8},{"sectionNumber":"9A","sectionType":"section","heading":"Certification of lots for purposes of  Strata Titles Act 1998","content":"### 9A Certification of lots for purposes of  Strata Titles Act 1998\n\n> [*\\[Section 9A Inserted by No. 30 of 2005, s. 18, Applied:11 Jul 2005\\]*](/view/html/inforce/2005-07-11/act-2005-030#GS18@EN) Where the Minister administering the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) provides a certificate that it is necessary or desirable, to give effect to the objectives of that Act, that any land in the prescribed location should be treated as a lot for the purposes of the [Strata Titles Act 1998](/view/html/inforce/2026-04-12/act-1998-017) , that Minister may direct that the land is to be treated as a lot accordingly.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Act prevails over other laws, &c.","content":"### 10 Act prevails over other laws, &c.\n\n> > (1)  For the avoidance of doubt, this Act has effect notwithstanding –\n> > \n> > > > (a) any other law of the State; or\n> > > \n> > > > (b) the RMPAT decision.\n> \n> > (2)  If a provision of this Act conflicts with a provision of another law of the State, the provision of this Act prevails.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Regulations","content":"### 11 Regulations\n\n> The Governor may make regulations  for the purposes of this Act.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Administration of Act","content":"### 12 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 Primary Industries, Water and Environment; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Primary Industries, Water and Environment.","sortOrder":12}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the specific Meander Dam project. While it has been amended twice (2005 and 2011) to add strata titling provisions and change the responsible entity from HEC to Tasmanian Irrigation Pty Ltd, these are operational adjustments within the same project scope rather than expansion into new policy areas. The Act has not grown to cover other dams or general water infrastructure."},"complexity_factors":["13 defined terms in the interpretation section, several of which incorporate external documents (specific map sheets, specific tribunal decisions, specific permits dated 2002-2003)","Multiple cross-references to other Acts: Water Management Act 1999, Environmental Management and Pollution Control Act 1994, Hydro-Electric Corporation Act 1995, Land Use Planning and Approvals Act 1993, Forestry Act 1920, Judicial Review Act 2000, Strata Titles Act 1998, Rules Publication Act 1953, Administrative Arrangements Act 1990","Nested temporal conditions in section 8: subsection (1) expires upon the second of two events occurring, with Gazette notice requirements and determinative date provisions","Two amendments incorporated via editorial notes (2011 and 2015), changing the responsible entity from HEC to Tasmanian Irrigation Pty Ltd","Complex land status mechanics: automatic cessation of reserved land status upon use, with subsequent plan registration requirements","Multiple ouster clauses (sections 5, 7, 10) that remove judicial review and appeal rights across different aspects of the project"],"plain_english_summary":"This law is a special piece of legislation that overrides normal planning and environmental rules to allow a specific dam to be built on the Meander River in northern Tasmania.\n\n**What it does:**\n- **Reinstates cancelled approvals**: The dam had been blocked by a tribunal decision (the RMPAT decision), which set aside the construction permit and environmental approval. This Act brings those approvals back to life and says nobody can challenge them in court.\n- **Creates a water licence automatically**: Once construction starts, the project operator automatically gets a licence to take water from the Meander River and several nearby creeks and rivulets. This licence can't be appealed.\n- **Allows clearing of protected forest**: It lets the project disturb, clear, or flood land that is officially State forest or forest reserve — normally protected areas — and automatically removes that protection once the land is used.\n- **Overrides other laws**: The Act explicitly says it beats any other Tasmanian law if there's a conflict, including planning schemes, environmental laws, and the tribunal decision that originally blocked the dam.\n- **Deems the project compliant**: The dam is legally declared to meet the objectives of the Water Management Act and all State policies, regardless of what normal assessments might say.\n\n**Who it affects:**\n- **Tasmanian Irrigation Pty Ltd** (or any future operator) — they get the dam, the water licence, and immunity from legal challenges.\n- **Hydro-Electric Corporation (HEC)** — they must transfer some of their water allocation to the project.\n- **The public and environment groups** — they lose the right to challenge the dam permits, environmental conditions, or water licence through the courts or tribunals.\n- **Forestry Tasmania** — protected forest land can be cleared and will automatically lose its reserved status.\n\n**Why it matters:**\nThis is an example of a **\"private Act\"** — legislation written for one specific project rather than general rules. It removes the usual checks and balances (court challenges, environmental appeals, planning requirements) that normally apply to major infrastructure. It effectively says \"this dam will be built, and no one can stop it through the normal legal process.\""},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act reinstates approvals that had been set aside and removes review avenues, thereby expanding the practical authority to implement the Meander Dam project (reinstatement and non-reviewability) and to grant a deemed water licence with transferred allocation to the responsible entity on works commencement (s5, s7). It also permits temporary modification and permanent removal of 'reserved land' status upon ministerial notices and makes these measures prevail over conflicting State laws (s8, s10)."},"complexity_factors":["Multiple cross-references to other statutes and external instruments (Water Management Act 1999; Environmental Management and Pollution Control Act 1994; Land Use Planning and Approvals Act 1993) embedded in definitions and operative provisions (s3, s6).","Non-reviewability clauses that remove judicial and administrative review or appeal rights for reinstatement, validity, conditions and related ministerial decisions (s5, s7).","Deemed grant of a water licence and automatic transfer/endorsement of water allocation tied to the works commencement event, creating contingent property-like rights (s7).","Temporary but automatic cessation of reserved land status upon authorised disturbance, with ministerial notices determining effect and timing (s8).","Precedence clause making the Act operate notwithstanding and prevail over other State laws and the RMPAT decision, concentrating legal effect in this instrument (s10, s5).","Dependence on prior instruments (dam permit, environment protection notice, quarry permit) and their possible amendment over time, requiring factual tracking of those instruments (s3, s6).","Significant ministerial discretion to set initial licence terms and to declare completion events that trigger legal effects, increasing interpretive and administrative variability (s7, s8)."],"plain_english_summary":"Mechanically, this Act reinstates a previously set-aside dam permit and environment protection notice and bars state judicial review or appeal about their validity or conditions (s5). It authorises the responsible entity to implement the Meander Dam, treats the entity as holding a water licence with a transferred water allocation on works commencement, allows temporary modification of reserved Crown land until specified completion events, and makes these measures prevail over other State laws (s6–10). The Minister retains discretion over initial licence terms and timing notices (s7, s8)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act appears to have remained focused on its original purpose — authorising and facilitating the Meander Dam project. The 2016 amendments most likely reflect administrative updates (such as machinery-of-government changes to responsible ministers or agencies) rather than any fundamental expansion or contraction of the Act's scope. The core subject matter of dam construction and water storage for agricultural use in the Meander Valley region appears unchanged."},"complexity_factors":["Intersects with multiple regulatory regimes (planning, environmental, water, land acquisition laws)","Compulsory land acquisition provisions involve complex compensation and appeals processes","Interaction between state and Commonwealth environmental approval frameworks (EPBC Act implications)","Infrastructure legislation often contains detailed technical schedules and cross-references to other Acts","Amendments since 2003 (latest version from 2016) add interpretive complexity requiring comparison of versions","Water rights and allocation frameworks in Tasmania are inherently technical","Government agency powers and responsibilities may be distributed across multiple bodies"],"plain_english_summary":"The Meander Dam Project Act 2003 is a Tasmanian law that authorises and fast-tracks construction and operation of a water storage dam on the Meander River. It streamlines or overrides usual planning and environmental approvals and can enable compulsory acquisition of land to deliver the project.\n\nThe Act primarily affects local farmers and irrigators, nearby landowners, environmental interests, and agencies like Hydro Tasmania because it consolidates approvals and represents a major government commitment to increasing regional water supply."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/meander-dam-project-act-2003","history":"/api/acts/meander-dam-project-act-2003/history","analysis":"/api/acts/meander-dam-project-act-2003/analysis","conflicts":"/api/acts/meander-dam-project-act-2003/conflicts","importantCases":"/api/acts/meander-dam-project-act-2003/important-cases","documents":"/api/acts/meander-dam-project-act-2003/documents"}}