Manapouri - Te Anau Development Act 1963

1: Short Title
This Act may be cited as the Manapouri - Te Anau Development Act 1963.
2: Interpretation
In this Act, unless the context otherwise requires,— the agreement Schedule the Company corporation section 2 , or a mixed ownership model company (within the meaning of section 45P Minister the said water resources sea level Section 2 corporation inserted 14 May 1999 section 100 Electricity Industry Reform Act 1998 Section 2 corporation amended 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 Section 2 Minister replaced 2 January 1990 section 5 Energy (Fuels, Levies, and References) Act 1989
3: Validating agreement
1: The agreement is hereby declared to be valid and binding in all respects and to have full force and effect according to its tenor.
2: The Minister on behalf of Her Majesty the Queen shall be deemed to have been duly empowered to enter into and execute the agreement and to confer on the Company the rights specified therein.
3: The Minister shall have, and shall be deemed since the making of the agreement to have had, power to carry out, perform, exercise, and grant all acts, functions, rights, duties, and obligations prescribed in the agreement.
4: The Minister shall have, and shall be deemed since the making of the agreement to have had, power to enter into and carry out an agreement or agreements with the Company with respect to all matters which it is contemplated in the agreement are or need to be agreed between the parties thereto or which it is found necessary to agree upon for the purpose of giving full effect to the agreement, and the Minister shall also have power from time to time to agree to any variation or amendment of any such agreement or agreements.
5: The agreement may from time to time be varied as provided in clause 22
4: Authorising
corporation
1: The corporation
a: to erect, construct, provide, use, and operate all works, appliances, and conveniences which may be necessary or requisite for or in relation to—
i: the utilisation of water power from the said water resources for the generation of electrical power; and
ii: the generation, transmission, use, supply, and sale of electrical power required from time to time to be supplied pursuant to the agreement; and
iii: the transmission, use, supply, and sale of any other electrical power generated from the said water resources:
b: to use electrical power when so generated in the construction, working, or maintenance of any public work:
c: to raise or lower the levels of—
i: Lakes Manapouri and Te Anau; and
ii: the Waiau and Mararoa Rivers and their tributaries; and
iii: all other rivers flowing into the said lakes and their tributaries; and
iv: such other rivers and streams as the Governor-General may from time to time specify for the purposes of this paragraph by Order in Council made pursuant to section 311 of the Public Works Act 1928
d: for the purposes of this Act, to construct tunnels under private land, or aqueducts and flumes over the same, and to erect electric lines as defined in section 319 of the Public Works Act 1928
e: to supply and sell electrical power generated from the said water resources, and recover money due for the same.
2:
3: Except as otherwise provided in this Act or in the agreement all the provisions of the Public Works Act 1928 shall operate as if the powers conferred on the corporation section 311 of that Act Section 4 heading amended 14 May 1999 section 100 Electricity Industry Reform Act 1998 Section 4(1) amended 14 May 1999 section 100 Electricity Industry Reform Act 1998 Section 4(1)﻿(c) provisos repealed 23 October 1981 Manapouri–Te Anau Development Amendment Act 1981 Section 4(2) repealed 23 October 1981 Manapouri–Te Anau Development Amendment Act 1981 Section 4(3) amended 14 May 1999 section 100 Electricity Industry Reform Act 1998
4A: Operating guidelines for levels of Lakes Manapouri and Te Anau
1: The Minister shall from time to time promulgate, by notice in the Gazette and the corporation
2: Notwithstanding anything in section 4
3: Details of any departure from the operating guidelines shall be reported as soon as practicable to the Minister and the Minister of Conservation, and shall be included in the annual report of the department of State for the time being responsible for the administration of this Act made under section 43 Section 4A inserted 23 October 1981 Manapouri–Te Anau Development Amendment Act 1981 Section 4A(1) amended 14 May 1999 section 100 Electricity Industry Reform Act 1998 Section 4A(1) amended 1 January 1988 Electricity Operators Act 1987 Section 4A(3) replaced 2 January 1990 section 5 Energy (Fuels, Levies, and References) Act 1989 Section 4A(3) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004
5: Preservation of natural scenery and fishery
Before exercising any power conferred on it by section 4 the corporation
a: the Minister of Conservation
b: the Minister of Conservation Section 5 amended 14 May 1999 section 100 Electricity Industry Reform Act 1998 Section 5 amended 1 January 1988 Electricity Operators Act 1987 Section 5(a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 5(b) amended 1 April 1987 section 65(1) Conservation Act 1987
6: Special Act
This Act shall be deemed to be a special Act within the meaning of section 18 of the Public Works Act 1928
7: Restrictions on mining rights
As from the commencement of this Act, no mining privilege or coal mining right shall, without the consent of the Minister Mining Act 1926 Coal Mines Act 1925
a: Lakes Manapouri and Te Anau as they for the time being exist:
b: the Mararoa River and all its tributaries, and the portion of the Waiau River, and all tributaries running into that portion, from its source to a point 5 miles below its confluence with the Mararoa River:
c: any other rivers flowing into the said lakes and their tributaries:
d: any land that would be within half a mile of—
i: the said lakes as they would exist if their levels were raised to a height of 676.6 feet:
ii: the Mararoa River and any of its tributaries, and the said portion of the Waiau River and any of its tributaries running into that portion, as the said river, portion, and tributaries would exist if the levels of the said lakes were raised to that height:
iii: any other rivers flowing into the said lakes, and their tributaries, as those rivers and tributaries would exist if the levels of the said lakes were raised to that height:
e: any land taken, purchased, or set apart for the purpose of works in connection with the generation and transmission of electrical power from the said water resources. Section 7 amended 2 January 1990 section 5 Energy (Fuels, Levies, and References) Act 1989 Section 7 amended 1 April 1978 Ministry of Energy Act 1977 Section 7 amended 1 April 1973 Mining Act 1971
8: Effect of Act
The provisions of this Act and of the agreement shall have effect notwithstanding anything to the contrary in any other enactment.
9: Repeal
The Manapouri - Te Anau Development Act 1960 Manapouri - Te Anau Development Amendment Act 1961