Part SCHEDULE 4 - Savings and trans - Water Management Act 1999 - SCHEDULE 4 - Savings and transitional provisions | Zoe

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8. Saving for commissional water rights under repealed Act

(1) A commissional water right in force under the repealed Act immediately before the commencement day continues in force until it is replaced by a licence issued under Part 6 in accordance with this clause.

(2) The rights conferred by a commissional water right as so continued in force are subject to the following provisions of this Act as if they were conferred by a licence issued under Part 6 :

(a) section 55 ;

(b) section 79 ;

(c) section 82 ;

(d) Division 3 of Part 6 ;

(e) section 106(1) , (3) and (4) ;

(f) Division 3 of Part 12 .

(3) A commissional water right may be extended in identical terms from time to time for a period not exceeding 5 years at any one time by notice in writing signed by a person authorised by the Minister to do so.

(4) A commissional water right may be replaced by a licence under Part 6 at any time on application by the person holding the commissional water right or on a direction given by the Minister and on that replacement –

(a) the commissional water right ceases to have any force or effect; and

(b) the licence is to be issued for a period not less than the unexpired term of the commissional water right and with not less than the same water allocation; and

(c) the licence is to confer a surety that is not less favourable than that applicable under the commissional water right; and

(d) any fee paid by the holder of the commissional water right for the unexpired term of the right is to be credited towards the fee payable for the licence; and

(e) a fee is not payable under section 85 in respect of a water allocation transferred from the commissional water right to the licence.

(5) A permission to take water in force under section 100N of the repealed Act immediately before the commencement day continues in force on the same terms and conditions until –

(a) it is replaced by a water allocation conferred by a licence under this Act; or

(b) the date on which it would have expired under the repealed Act –

whichever occurs first.

(6) Where a commissional water right in force under the repealed Act immediately before the commencement day was granted in fee –

(a) the right is converted to a licence under this Act for a term of 50 years with no annual fee; and

(b) the right remains annexed to the land to which it was annexed under the repealed Act.

9A. Savings for Hobart Regional Water Authority

[Schedule 4 Amended by No. 12 of 2004, s. 60, Applied:09 Jun 2004]

(1) In this clause –

Authority means the Hobart Regional Water Authority;

former Board means the Hobart Regional Water Board as established under section 4 of the repealed Act;

relevant council means a council that was at the relevant time a constituent municipality under the repealed Act;

repealed Act means the Hobart Regional Water Act 1984 .

(2) On and from 1 January 2000, the Authority is taken to hold, and to have held, a licence under Part 6 to take water from the following water resources:

(a) the waters of –

(i) the Bower Creek; and

(ii) all streams flowing between the Bower Creek and the North West Bay River (excepting the streams known as Millhouse's or Falls Creek and Long Creek) –

that flow from Mount Wellington towards the Huon Road and rise or flow above, or at, the intakes or pipelines of the Hobart City Council constructed or laid before 16 December 1925;

(b) the North West Bay River and any additional waters which are diverted into that river;

(c) the River Derwent and its tributaries above the boundary of the town of New Norfolk as established on the commencement of the repealed Act, subject to such conditions, if any, as the Minister may determine, and subject, in respect of the place of taking, to the approval of the Corporation;

(d) Lady Barron Creek, having its source in Lake Fenton, or any other river, rivulet or lake in Mount Field National Park, except the rivulet known as Falls Creek having its source in Lake Nicholls;

(e) all streams arising in or flowing through the areas of land delineated and marked as catchment areas in the maps numbered LD814 and LD827 deposited in the Central Plan Register held in the department;

(f) any other place, except Illabrook Creek and the creek used for the supply of water to the Colebrook township, that immediately before the commencement of the repealed Act was a source of supply of the former Board or a relevant council, but subject to any limitation that was at the time applicable to that Board or council;

(g) any other place that the Minister, by order under subclause (3) , determines to be a source of supply for the Authority.

(3) [Schedule 4 Amended by No. 56 of 2008, s. 130, Applied:11 Feb 2009] The Minister may, by order, determine that a place specified in the order is to be, for the purposes of this clause, a source of supply for the Authority.

(3A) [Schedule 4 Amended by No. 56 of 2008, s. 130, Applied:11 Feb 2009] The order is a statutory rule.

(4) On and from the commencement of the Water Legislation Amendment Act 2004 , the Authority's licence under subclause (2) is taken to be subject to any terms and conditions determined by the Minister to give effect to the objectives of this Act.

(5) Without limiting the generality of subclause (4) , the Minister is to determine the water allocations of the licence.

(6) Any fees or charges paid by the Authority for water taken from the water resources referred to in subclause (2) since the commencement of this clause are taken to have been properly imposed under section 79 .

Part SCHEDULE 4 - Savings and trans - Water Management Act 1999 - SCHEDULE 4 - Savings and transitional provisions | Zoe