Irrigation Company Act 2011 (Tas)

Irrigation Company Act 2011

An Act to provide for the control, objects and operation of Tasmanian Irrigation Pty Ltd, to provide or allow for the transfer to that company of the assets and liabilities of the Rivers and Water Supply Commission and Tasmanian Irrigation Schemes Pty Ltd and of certain assets and liabilities of the Crown and councils, to provide for the deregistration of Tasmanian Irrigation Schemes Pty Ltd, to repeal the Rivers and Water Supply Commission Act 1999 and to provide for related matters [Royal Assent 16 June 2011]

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 1 - Preliminary

1. Short title This Act may be cited as the Irrigation Company Act 2011 .

2. Commencement (1) Part 1 and sections 30 , 31 , 39 and 40 commence on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on the transfer day.

3. Purposes of Act The purposes of this Act are – (a) to provide for matters relating to the control, objects and operation of the Company; and (b) to provide for the transfer to the Company of the assets and liabilities of the Rivers and Water Supply Commission and TIS Corporation and to make provision in respect of the employees of the Rivers and Water Supply Commission and TIS Corporation consequent on the transfer of those assets and liabilities; and (c) to allow for the transfer to the Company of certain assets and liabilities of the Crown and councils; and (d) to allow for the transfer of assets and liabilities of the Company to the Crown.

4. Interpretation In this Act, unless the contrary intention appears – annual general meeting means the annual general meeting of the Company held in accordance with its constitution; asset includes any, and any part of any, property, business, operation and right; Board means the Board of Directors of the Company; Commission means the Rivers and Water Supply Commission established under the Rivers and Water Supply Commission Act 1999 ; Company means Tasmanian Irrigation Pty Ltd (ACN 133 148 384), formerly known as Tasmanian Irrigation Development Board Pty Ltd; constitution means the constitution of the Company; contract means – (a) an agreement, arrangement, undertaking, lease, licence, warranty or other contract; or (b) part of an agreement, arrangement, undertaking, lease, licence, warranty or other contract; Corporations Act means the Corporations Act 2001 of the Commonwealth; council asset or liability means an asset or liability belonging to a council that is specified in a transfer notice and transferred to the Company under section 30 ; Crown asset or liability means an asset or liability belonging to the Crown that is specified in a transfer notice and transferred to the Company under section 30 ; director means a director of the Company; document includes an instrument and part of a document; effective transfer notice day means the day on which a transfer notice, or part of a transfer notice, takes effect; legal or other proceeding includes arbitration proceedings and mediation proceedings; liability includes any, or any part of any, liability, duty and obligation, whether actual, contingent or prospective; member, in respect of the Company, means a member of the Company referred to in section 9 ; principal objectives means the principal objectives of the Company specified in section 7 ; property means – (a) any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property; and (b) money, documents and securities; and (c) any other rights and property; regulations means regulations made under section 39 ; relevant day of transfer means – (a) the transfer day in relation to – (i) a transferring asset, transferring liability or transferring contract transferred under section 29 ; or (ii) a transferring employee; or (b) the day on which a transfer notice takes effect in relation to a transferring asset, transferring liability or transferring contract transferred by that transfer notice under section 30 ; right includes any easement in gross, covenant in gross, other right, power, privilege and immunity, whether actual, contingent or prospective; secondment arrangement means an arrangement under section 46 of the State Service Act 2000 for a State Service employee or State Service officer to undertake duties with the Commission or TIS Corporation; subsidiary has the same meaning as in the Corporations Act; TIS Corporation means Tasmanian Irrigation Schemes Pty Ltd (ACN 133 148 491); transfer day means 1 July 2011 or a later day declared by the Minister under section 6 to be the transfer day; transfer notice means – (a) a notice made under section 30 ; or (b) a part of such a notice; transferor – (a) in relation to any asset, liability or contract transferred from the Commission, TIS Corporation, the Crown, a council or the Company and vested in, or transferred to, the Company or the Crown under section 29 or 30 , means the Commission, TIS Corporation, the Crown, the council or the Company; or (b) in relation to a transferring employee, means the Commission or TIS Corporation, whichever the transferring employee performed duties for immediately before the transfer day; transfer recipient means – (a) the Company in relation to – (i) an asset, liability or contract vested in or transferred to it under section 29 or 30 ; or (ii) a transferring employee; or (b) the Crown in relation to any asset, liability or contract vested in or transferred to it under section 30 ; transferring asset means any asset that vests in the Company or the Crown under section 29 or 30 ; transferring contract means any contract transferred to the Company or the Crown under section 29 or 30 ; transferring employee means a State Service employee or State Service officer who, immediately before the transfer day, was the subject of a secondment arrangement by which he or she was required to undertake duties with the Commission or TIS Corporation; transferring liability means any liability that becomes the liability of the Company or the Crown under section 29 or 30 ; Treasurer's Instructions means instructions issued under section 114 of the Government Business Enterprises Act 1995 and applicable to the Company in accordance with section 13 of this Act.