Irrigation Clauses Act 1973 (Tas)

Irrigation Clauses Act 1973

An Act to consolidate in one Act provisions generally applicable to irrigation schemes [Royal Assent 26 July 1973]

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:

PART I - Preliminary

1. Short title This Act may be cited as the Irrigation Clauses Act 1973 .

2. Interpretation (1) In this Act, unless the contrary intention appears: authorised officer means a person appointed as an authorised officer under section 70 ; channel includes pipe and conduit; clerk means a general manager within the meaning of the Local Government Act 1993 ; corporation means a council; industrial use – see section 2A ; industrial user means a person who requires a supply of water for industrial use; irrigation includes any means of watering fields, gardens, and orchards; irrigation infringement notice means an irrigation infringement notice in force under Part XI ; irrigation right means the right to be supplied with water for irrigation referred to in section 23 or an irrigation right conferred by the Minister under section 75(1) ; irrigation season means the annual period during which under the undertaker's by-laws water will be available for irrigation; lake includes swamp, pond, dam, and well; minor civil claim means a minor civil claim within the meaning of the Magistrates Court (Civil Division) Act 1992 ; municipality means a council; prescribed means prescribed by by-law; relevant water retailer means an entity that, as part of the business of the entity, sells, or proposes to sell, water to an industrial user; source of supply means any place or point from which the undertakers are by the special Act authorized to take water for the purposes of the special Act; stream includes spring, brook, river, and other running water; take, used in relation to water, includes divert and hold back; the limits of the special Act, if not specified in the special Act, means – (a) the water district; (b) the vicinity of the source of the supply; (c) any lands supplied with water under section 26 ; and (d) any lands required for – (i) bringing water from the source of supply into the water district; (ii) bringing water from one part of the water district to another; (iii) bringing water to lands referred to in paragraph (c) ; or (iv) discharging surplus or drainage water from the water district; the special Act means any Act authorizing the construction of waterworks with which this Act or any part thereof is incorporated; the undertakers means the persons authorized by the special Act to construct the waterworks; the undertaking means the waterworks, and all works, engines, buildings, channels, and other accessories connected therewith authorized by the special Act to be constructed, laid, installed, or maintained by the undertakers for the purposes of the special Act ; water district means the irrigation water district defined by or under the special Act. (2) For the purposes of this Act – (a) a power to supply water includes a power – (i) to discharge surplus or drainage water; and (ii) to drain land of irrigation water; and (b) a power given to undertakers to enter land or to do works on land includes a power to do so with or by officers, servants, workmen, and agents and with vehicles, wheeled and tracked.