14The HEC's obligations

14 The HEC's obligations

(1)  The HEC –

(a) must maintain a release valve with a capacity of not less than 2 832 litres per second so that water may be released down the Huon River from the structures that were established under the Hydro-Electric Commission (Power Development) Act 1967 ; and

(b) must release water into the Huon River as required by –

(i) [Section 14 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] an agreement between the HEC and the Minister; or

(ii) [Section 14 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] in default of agreement, a determination made by the Governor after considering representations from both the HEC and the Minister; and

(c) must not allow the conserved waters of the Serpentine River to rise to more than 308·46 metres above sea level or to fall to less than 306·93 metres above sea level, or a lower level authorised under subsection (3) .

(2)  [Section 14 Subsection (2) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] Any income, expenditure or loss resulting from the release of water under subsection (1) (b) must be shared between the HEC and the Minister in proportions determined by the Governor.

(3)  The Governor may, by order published in the Gazette, authorise the HEC to allow the conserved waters of the Serpentine River to fall to a level that is not less than 305·41 metres above sea level.

(4)  [Section 14 Subsection (4) inserted by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] In this section,

Minister means the Minister administering the Water Management Act 1999 .