Florentine Valley Paper Industry Amendment Act 2001 (TAS)

Florentine Valley Paper Industry Amendment Act 2001

An Act to amend the Florentine Paper Industry Act 1935">

[Royal Assent 16 July 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Florentine Valley Paper Industry Amendment Act 2001 . 2CommencementThis Act commences on 1 July 2001 but, if this Act does not receive the Royal Assent on or before that day, this Act is taken to have commenced on that day. 3Principal ActIn this Act the Florentine Paper Industry Act 1935" is referred to as the Principal Act. 4Section 17 substituted Section 17 of the Principal Act is repealed and the following section is substituted: 17Licence under Water Management Act 1999 (1)  In this section – existing pipeline means – (a) the pipeline that, on 30 June 2001, existed on, above or under land in respect of which the Promoter held a water licence renewed (with the renewal No. 12W/58) on 21 August 1980 under the Mining Act 1929 , being the pipeline as repaired, modified and upgraded from time to time; and (b) any pipeline that has replaced the pipeline referred to in paragraph (a) , or subsequent replacement pipeline, as repaired, modified and upgraded from time to time; pipeline means – (a) pipeline to carry water to the Promoter for the purposes of carrying on the industry; and (b) pumping plant, buildings, trestles, bridges and other structures relating to that pipeline; pipeline corridor means a strip of land 10 metres wide defined by measuring 5 metres in a horizontal plane to each side of the centreline of the existing pipeline at right angles to the centreline; subject land means land that the Promoter does not own but needs, or is likely to need, to be able to enter and remain on for one or more of the following purposes: (a) to examine, operate, maintain, repair, modify, upgrade, remove or replace any or all of the existing pipeline; (b) to fence or place protective structures around any or all of the existing pipeline or to examine, operate, maintain, repair, modify, upgrade, remove or replace any such fences or protective structures; (c) to clear the pipeline corridor of vegetation, structures and objects that could interfere with the proper operation of the existing pipeline. (2)  The Promoter is entitled to a licence under the Water Management Act 1999 for the purposes of carrying on the industry. (3)  An easement over subject land is vested in the Promoter. (4)  The easement under subsection (3) is a water pipeline easement and entitles the Promoter to – (a) maintain the existing pipeline on, above or under the subject land; and (b) enter and remain on the subject land, at any reasonable time and with any necessary vehicles and equipment, for any one or more of the following purposes: (i) examining, operating, maintaining, repairing, modifying, upgrading, removing or replacing any or all of the existing pipeline; (ii) fencing or placing protective structures around any or all of the existing pipeline or examining, operating, maintaining, repairing, modifying, upgrading, removing or replacing any such fences or protective structures; (iii) clearing the pipeline corridor of vegetation, structures and objects that could interfere with the proper operation of the existing pipeline. (5)  Where it is necessary for the purpose of gaining access to subject land for the Promoter to enter and pass over adjoining or other land, an easement over that adjoining or other land is vested in the Promoter. (6)  The easement under subsection (5) is a right of carriageway and entitles the Promoter to enter and pass over the adjoining or other land, with vehicles and equipment, for the purpose of gaining access to subject land. (7)  The powers conferred by an easement under this section may be exercised by agents, contractors and employees authorised by the Promoter to act on the Promoter’s behalf. (8)  The powers conferred by an easement under this section must be exercised, so far as is reasonably practicable, in a manner that minimises interference with the enjoyment of the land subject to the easement by persons lawfully occupying it. (9)  The exercise of the powers conferred by an easement under this section may be limited by the licence held by the Promoter under the Water Management Act 1999 for the purposes of carrying on the industry. (10)  Without limiting the limitations that may be imposed under subsection (9) by a licence on the exercise of the powers conferred by an easement under this section, those limitations may include a requirement that the Promoter can only undertake work for the purpose of maintaining, repairing, modifying, upgrading, removing or replacing any part of the existing pipeline that is on, above or under a road, railway line or bridge, or other area to which the public have access, if the approval of the person specified in the licence has first been obtained. (11)  Before a person enters land to exercise powers conferred by an easement under this section, the Promoter must, if practicable, give reasonable notice of the proposed exercise of powers to the persons lawfully occupying the land. (12)  The Promoter is liable to – (a) make good any damage caused by the exercise of powers under an easement under this section as soon as practicable; or (b) pay reasonable compensation for the damage.

[Second reading presentation speech made in:

House of Assembly on 21 JUNE 2001

Legislative Council on 26 JUNE 2001]