Irrigation Clauses Amendment Act 2001 (TAS)

Irrigation Clauses Amendment Act 2001

An Act to amend the Irrigation Clauses Act 1973

[Royal Assent 30 May 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 Irrigation Clauses Amendment Act 2001 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Irrigation Clauses Act 1973 is referred to as the Principal Act. 4Section 23 amended (Right to a supply for irrigation) Section 23 of the Principal Act is amended as follows: (a) by omitting from subsection (2) "must" and substituting "may"; (b) by omitting paragraph (a) from subsection (3) and substituting the following paragraph: (a) for financial consideration or free of charge; and 5Section 23A amended (Transfer of irrigation rights) Section 23A of the Principal Act is amended by inserting after subsection (3) the following subsections: (4)  A holder of an irrigation right who no longer owns or occupies land in respect of which the irrigation right is in force, within 6 months after ceasing to be such an owner or occupier, must transfer the irrigation right to – (a) a person referred to in section 23(3B) ; or (b) the undertakers. (5)  The holder of an irrigation right may apply in writing to the Minister for an extension of the period referred to in subsection (4). (6)  On receipt of an application under subsection (5), the Minister may extend the period for a period not exceeding 6 months if the Minister considers it appropriate. (7)  If the holder of an irrigation right does not transfer that right under subsection (4), ownership of the irrigation right is forfeited to the undertakers. (8)  The undertakers, in accordance with section 23, may grant an irrigation right that is transferred under subsection (4)(b) or forfeited under subsection (7). (9)  The holder of an irrigation right is liable for payment of any charges relating to the irrigation right until the irrigation right is transferred under subsection (4) or forfeited under subsection (7).

[Second reading presentation speech made in:

House of Assembly on 29 MARCH 2001

Legislative Council on 23 MAY 2001]