Snowy Mountains Hydro-electric Power Regulations

Legislation au C2004L01786 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1955. No. 13.

 

REGULATIONS UNDER THE SNOWY MOUNTAINS HYDRO-ELECTRIC POWER ACT 1949-1952.*

WHEREAS by section twenty-four a of the Snowy Mountains Hydro-electric Power Act 1949-1952 it is provided that in Part IVa. of that Act, unless the contrary intention appears, “the specified area” means—

(a) the Snowy Mountains Area; and

(b) such other areas as are prescribed, being areas in which works referred to in section seventeen of that Act are being constructed, maintained, operated, protected, managed or controlled:

And whereas the areas specified in the Schedule to the following Regulations are areas in which works referred in section seventeen of the Snowy Mountains Hydro-electric Power Act 1949-1952 are being constructed, maintained, operated, protected, managed or controlled:

Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Snowy Mountains hydro-electric Power Act 1949-1952.

Dated this fifteenth day of February, 1955.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

W. H. SPOONER

Minister of State for National Development.

 

Snowy Mountains Hydro-electric Power Regulations.

Citation.

1. These Regulations may be cited as the Snowy Mountains Hydro-electric Power Regulations.

Areas in “the specified area” prescribed in Schedule.

2. For the purposes of the definition of “the specified area” in section 24a of the Snowy Mountains Hydro-electric Power Act 1949-1952, each of the areas described in the Schedule to these Regulations is a prescribed area.

 

THE SCHEDULE.

Regulation 2.

DESCRIPTION OF PRESCRIBED AREAS.

Area No. 1.

All that area bounded by a line commencing from a point at the north-eastern corner of portion 91 on the south bank of Cooma Creek in the Parish of Binjura thence southwards along the eastern boundary of that portion and the prolongation of that eastern boundary to the northern boundary of portion 330 in the Parish of Cooma; thence generally eastwards and southwards along the northern and eastern boundaries of that portion and the prolongation of that eastern boundary to the northern boundary of portion 319 in the Parish of Cooma; thence generally eastwards and southwards along the northern and

 

* Notified in the Commonwealth Gazette on 15th February, 1955

2934.—Price 3d.


eastern boundaries of that portion and the prolongation of that eastern boundary to the northern boundary of portion 129 in the Pariah of Cooma; thence eastwards along the northern boundary of that portion to the intersection of that boundary with the boundary of the Parish of Cooma; thence generally southwards and north-eastwards along that boundary to a point due north of the north-western corner of portion 63 in the Parish of Cooma; thence southwards by a straight line from that point to that corner; thence eastwards and southwards along the northern boundaries of portions 63 and 295 and the eastern boundaries of portions 295, 305 and 368 in the Parish of Cooma to the southeastern corner of portion 368 in that Parish; thence westwards along the southern boundary of that portion to the intersection of that boundary with the eastern boundary of Reserve No. 49837 and 49838; thence southwards, eastwards, southwards and westwards along the eastern and southern boundaries of Reserve No. 49837 and 49838 to the junction of that southern boundary with the north-eastern boundary of State Highway No. 4; thence north-westwards along that boundary to the junction of that boundary with the eastern boundary of the lands, adjacent to the north-eastern corner of portion 353 in the Parish of Cooma, vested in the Commissioner for Railways of the State of New South Wales; thence northwards along the eastern boundary of those lands to the junction of that boundary with the Cooma Town boundary; thence westwards along the Cooma Town boundary to the north-western corner of that boundary adjacent to the south-western corner of portion 214 in the Parish of Cooma; thence by a straight line from that corner to the south-western corner of that portion; thence northwards and westwards along the western boundary of that portion and the southern boundaries of portions 201 and 204 in the Parish of Cooma; thence generally northwards by the western boundaries of portions 204 and 207 to the north-western corner of portion 207 in the Parish of Cooma; thence by a straight line from that corner to the south-eastern corner of portion 153 in the Parish of Cooma; thence northwards and westwards by the eastern and northern boundaries of that portion to the eastern bank of the Cooma Creek at the north-western corner of that portion; thence generally northwards and eastwards along the eastern and southern banks of Cooma Creek to the point of commencement.

Area No. 2.

All that area bounded by a line commencing from a point on the western bank of the Cooma Back Creek at the northern corner of portion 8a on Sharp Street in the Parish of Cooma; thence generally southwards along the western bank of the Cooma Back Creek to a point opposite the north-western corner of portion 72 in the Parish of Cooma; thence by a straight line from that point to that corner; thence eastwards along the northern boundaries of portions 72, 40 and 39 in the Parish of Cooma and southwards along the eastern boundary of portion 39 in that Parish, to the south-eastern corner of that portion; thence by a straight line from that corner to the north-eastern corner of portion 281 in the Parish of Cooma; thence generally southwards along the eastern boundaries of portions 281, 115, 278, 279 and 280 in the Parish of Cooma to the south-eastern corner of portion 280; thence southwards by a straight line from that corner to the northern boundary of portion 74 in the Parish of Cooma; thence eastwards, southwards and westwards along the northern, eastern and southern boundaries of that portion to the south-western corner of that portion on the eastern bank of the Cooma Back Creek; thence southwards along the eastern bank of the Cooma Back Crook to a point immediately opposite the south-eastern corner of portion 77 in the Parish of Cooma; thence by a straight line from that point to that corner; thence westwards along the southern boundary of portion 77 in the Parish of Cooma to the south-western corner of that portion; thence generally northwards along the western boundaries of portions 77, 76, 116, 114, 71, 70 and 107 in the Parish of Cooma to the north-western corner of portion 107 in the Parish of Cooma; thence north-eastwards along the north-western boundaries of portions 107 and 43 in the Parish of Cooma to the north-eastern corner of portion 43; thence by a straight line from that corner to the south-western corner of portion 8a in the Parish of Cooma; thence north-eastwards along the north-western boundary of portion 8a to the point of commencement.

 

Printed for the Government of the Commonwealth by A. j. Arthur at the Government Printing Office, Canberra.

Overview

The Snowy Mountains Hydro-electric Power Act 1949-1952 was enacted to facilitate the construction, maintenance, operation, protection, management and control of works for the generation of hydro-electric power in the Snowy Mountains area. The problem it addressed was the need for comprehensive legal provisions to manage and regulate the significant hydro-electric infrastructure development in the Snowy Mountains region. These Regulations were made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, under the authority granted by the Act. The primary objective of these Regulations is to define specific areas within which the hydro-electric works are being undertaken, thereby ensuring that the provisions of the Act are appropriately applied to the relevant geographical locations.

Scope and Application

The Snowy Mountains Hydro-electric Power Regulations, 1955, are made under the authority of the Snowy Mountains Hydro-electric Power Act 1949-1952, and they detail the specific areas where the works related to the hydro-electric power projects are being constructed, maintained, operated, protected, managed, or controlled. These Regulations are significant as they clarify and expand upon the definition of "the specified area" as outlined in the Act, which includes the Snowy Mountains Area and any other areas as prescribed. The prescribed areas are detailed in the Schedule to the Regulations and are defined by precise geographical boundaries. These areas are critical as they delineate the scope of the Act's application, ensuring that all relevant activities within these zones are governed by the specific provisions of the Act and its Regulations. The Regulations do not explicitly state any exclusions, exemptions, or thresholds within their text; however, the scope of their application is narrowly tailored to the areas prescribed in the Schedule. The Act and its Regulations apply to any persons or entities involved in the works within these specified areas, encompassing activities such as construction, maintenance, operation, protection, management, or control of the hydro-electric works. The geographic reach of these Regulations is limited to the areas explicitly defined in the Schedule, which are located within the Snowy Mountains region, thereby affecting only those directly involved in or impacted by the hydro-electric power projects in these areas.

Key Provisions

The Snowy Mountains Hydro-electric Power Regulations, made under the Snowy Mountains Hydro-electric Power Act 1949-1952, are designed to define and prescribe the specified areas where works related to hydro-electric power are being conducted. Regulation 1 establishes that these Regulations can be cited as the Snowy Mountains Hydro-electric Power Regulations, and Regulation 2 specifically describes the areas that are prescribed as part of the specified areas as per section 24a of the Act. These areas are outlined in the Schedule attached to the Regulations, which provides detailed descriptions of each prescribed area. The obligations imposed by these Regulations primarily revolve around ensuring that the specified areas, where hydro-electric works are being carried out, are clearly defined and recognised under the Act. This includes adherence to the boundaries and descriptions provided in the Schedule, which must be followed when conducting any activities within these areas. The Regulations mandate that any works, maintenance, operation, protection, management, or control activities within these specified areas must comply with the requirements and provisions of the Snowy Mountains Hydro-electric Power Act 1949-1952. In terms of consequences for non-compliance, the Regulations themselves do not explicitly detail offences, penalties, or specific consequences for breaches. However, given that these Regulations are made under the Snowy Mountains Hydro-electric Power Act 1949-1952, any breach of the Act or the Regulations would likely be subject to the penalties outlined within the Act. The Act may provide for civil penalties, fines, or other enforcement actions for non-compliance, which could include substantial financial penalties or other corrective measures. Additionally, more severe breaches might attract criminal penalties, depending on the nature and severity of the offence, as stipulated in the primary Act.

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