Water Management Amendment Regulations 2015 (TAS)

Water Management Amendment Regulations 2015

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Water Management Act 1999 .15 December 2015

C. WARNER

Governor

By His Excellency’s Command,

JEREMY ROCKLIFF

Minister for Primary Industries and Water

1Short titleThese regulations may be cited as the Water Management Amendment Regulations 2015 . 2CommencementThese regulations take effect on the day on which the Water Management Amendment (Dam Works) Act 2015 commences. 3Principal RegulationsIn these regulations, the Water Management Regulations 2009 are referred to as the Principal Regulations. 4Regulation 3 amended (Interpretation) Regulation 3 of the Principal Regulations is amended by inserting "rounded to 3 decimal places" after "ML" in the definition of ADQ . 5Regulation 4 amended (Rights to take water) Regulation 4 of the Principal Regulations is amended by omitting subregulations (3) and (4) . 6Regulation 6 amended (Field management fees) Regulation 6 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (3) "taken in any other case" and substituting ", in any case other than the case referred to in subregulation (2) , taken"; (b) by inserting in subregulation (4) "and if the locations, for the taking of water in accordance with those water allocations, are not all situated in the one region referred to in the table, the fee payable is to be the fee that is the highest fee payable for a region in which one or more of those locations is situated" after "licensee"; (c) by inserting the following subregulation after subregulation (4) : (5)  For the purposes of this regulation, the annual field management fee that is payable, in accordance with a table to a subregulation in this regulation, for a water allocation on a licence authorising the taking of water is the amount, specified in the table, in relation to the region in which is situated the location, for the taking of water in accordance with the water allocation, that is identified on the licence to which the water allocation relates. 7Regulation 7 amended (Other field management fees) Regulation 7 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) “the licensee’s land lies” and substituting "is situated the location, for the taking of water, that is identified on the licence"; (b) by omitting from subregulation (2)(b) "Plan 5278; and" and substituting "Plan 5278."; (c) by omitting paragraph (c) from subregulation (2) ; (d) by omitting from subregulation (3) "45 fee units" and substituting "66 fee units". 8Regulation 8 rescinded Regulation 8 of the Principal Regulations is rescinded. 9Regulation 11 amended (Water authorities fees) Regulation 11(3) of the Principal Regulations is amended by omitting "30 June 2016" and substituting "30 June 2017". 10Regulation 13 amended (Fee rebates) Regulation 13(2) of the Principal Regulations is amended as follows: (a) by omitting subparagraph (ii) from paragraph (a) and substituting the following subparagraph: (ii) the average daily quantity of water that is authorised under the water allocations to be taken is less than 0.01ML; (b) by omitting subparagraph (ii) from paragraph (b) and substituting the following subparagraph: (ii) the average daily quantity of water that is authorised under the water allocations to be taken is less than 0.01ML; (c) by omitting subparagraph (ii) from paragraph (c) and substituting the following subparagraph: (ii) the average daily quantity of water that is authorised under the water allocations to be taken is less than 0.01ML. 11Regulation 16 amended (Licence endorsements) Regulation 16 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1)(e) "endorsement." and substituting "endorsement;"; (b) by inserting the following paragraph after paragraph (e) in subregulation (1) : (f) sonic endorsement. (c) by inserting the following subregulation after subregulation (6) : (7)  A sonic endorsement authorises sonic drilling methods with an abrasive slurry that is made to vibrate at sonic frequencies. 12Regulations 29A , 29B and 29C insertedAfter regulation 29 of the Principal Regulations , the following regulations are inserted in Part 6: 29AOffsets (1) For the purposes of paragraph (a) of the definition of offset in section 138 of the Act, each of the following is prescribed: (a) the establishment of a covenant on land; (b) activities (which may be, but are not required to be, set out in a plan for the management of natural values) for the purpose of protecting or enhancing the natural values of land, including, but not limited to, the protection, restoration or revegetation of the land; (c) the monitoring of natural values of land, including, but not limited to, undertaking surveys of natural values. (2)  For the purposes of subregulation (1)(a) , a covenant includes, but is not limited to – (a) a covenant in gross registered in accordance with the Conveyancing and Law of Property Act 1884; or (b) a conservation covenant within the meaning of Part 5 of the Nature Conservation Act 2002. 29BTerms of review (1) For the purposes of section 165 of the Act, the terms of review, in accordance with which an annual review of the operation of administrative processes under Part 8 of the Act is to be conducted, are as specified in this regulation. (2)  An annual review is to consist of a review of the operation of administrative processes undertaken, in the year to which the review relates, for the purposes of processing and determining applications for Division 3 permits under Division 3 of Part 8 of the Act. (3) An annual review is to begin within 90 days after an annual report is prepared in accordance with section 164ZN of the Act. (4)  The following matters are to be considered by the Minister in an annual review: (a) the reasons why particular administrative processes are performed in relation to applications for Division 3 permits under Division 3 of Part 8 of the Act and the determination of such applications; (b) the simplicity, cost-effectiveness and timeliness of those administrative processes; (c) what improvements, if any, may be made to those administrative processes. 29CKeeping of records and information (1)  A person who is, or was, entitled to a Division 4 permit in relation to dam works must keep the following records and information until the end of the period of 5 years commencing on the day on which the dam works are completed: (a) any surveys in relation to the dam works; (b) any design plans in relation to the dam works; (c) any reports, in relation to the dam works, that are obtained by the person; (d) any other information, contained in a document (including an electronic document) that has been prepared or obtained by the person and is relevant in determining whether the person is or was entitled to a Division 4 permit in relation to the dam works.

Penalty:  Fine not exceeding 100 penalty units.

(2)  A person who is, or has been, the holder of a licence must keep, until the end of the period of 5 years after taking water under the licence, records of the quantity of water taken under the licence.

Penalty:  Fine not exceeding 100 penalty units.

(3)  A person, at the request of an authorised officer, must provide to the authorised officer a copy of any records and information that the person is required to keep under subregulation (1) or (2) .

Penalty:  Fine not exceeding 100 penalty units.

(4)  The penalty applicable in respect of an offence against subregulation (3) that is specified in an infringement notice served on a person is – (a) 2.5 penalty units; or (b) if the offence is the second offence against the subregulation that is committed by the person within a 12-month period – 5 penalty units; or (c) if the offence is the third offence against the subregulation that is committed by the person within a 24-month period – 10 penalty units. 13Schedule 3 amended (Fees) Schedule 3 to the Principal Regulations is amended as follows: (a) by omitting Part 1 ; (b) by omitting "licence register" from column 3 of item 1 in Part 2 and substituting "any register kept under section 12 of Act"; (c) by omitting "for up to 5 water licences plus 2 fee units for each additional licence" from column 4 of item 1 in Part 2 and substituting "for each search relating to obtaining a copy or extract"; (d) by omitting item 4 from Part 2 and substituting the following:

4.	61(1)	Notification of financial interest in licence or water allocation	54 fee units
4A.	61(5)	Notification of removal of financial interest in licence or water allocation	27 fee units
4B.	61(6)	Amendment of notation of financial interest in licence or water allocation	27 fee units

(e) by omitting paragraph (a) from item 9 in Part 2 and substituting the following:

(a) where transfer occurs together with change of ownership of licence or water allocation; or 65 fee units

(f) by omitting paragraph (b) from item 9 in Part 2 and substituting the following:

(b) where transfer is an upstream transfer; or 195 fee units

(g) by omitting paragraphs (c) , (d) and (e) from item 9 in Part 2 and substituting the following:

(c) all other transfers 195 fee units

(h) by omitting item 12 from Part 2 and substituting the following:

12.  123E(1)(b) Annual field management fee for watercourse authority 66 fee units

(i) by inserting after item 15 in Part 2 the following:

15A.  136F(1)(a) Fee for renewal of well driller’s licence 54 fee units

(j) by omitting item 17 from Part 2 and substituting the following:

17.  144 Application for Division 3 permit 381 fee units plus –

(k) by omitting "section 149 of the Act; and" from column 4 of paragraph (b) of item 17 in Part 2 and substituting "section 145 of the Act."; (l) by inserting after paragraph (b) in item 17 in Part 2 the following:

17A.	151(2)	Application to amend permit application	280 fee units
17B.	160(2)	Notice of intention to undertake dam works	65 fee units
17C.	164E(2)	Application to extend term of Division 3 permit	65 fee units
17D.	164F(3)	Application to amend Division 3 permit (other than to extend or transfer permit)	280 fee units
17E.	164N(2)	Application to transfer permit	65 fee units
17F.	164Q(2)	Application to register offset	95 fee units
17G.	164U(2)	Application to amend registered offset	95 fee units

(m) by omitting paragraph (c) from item 17 in Part 2 ; (n) by omitting "or Part 6A" from column 3 of item 21 in Part 2 and substituting "Part 6A or Part 8"; (o) by omitting "60.5 fee units" from column 4 of item 21 in Part 2 and substituting "65 fee units". 14Schedule 4 amended (Infringement notice penalties and demerit points) Schedule 4 to the Principal Regulations is amended as follows: (a) by omitting

52 Taking water, except under section 48 of Act, to other’s detriment 20 penalty units and a daily penalty of 2 penalty units 1 penalty unit 2

and substituting the following item:

52 Taking water, except under section 48 of Act, to other’s detriment 20 penalty units and a daily penalty of 2 penalty units 2.5 penalty units 2

(b) by omitting

136A(1) Undertaking well works without a well driller’s licence or supervision of a licence holder 200 penalty units and a daily penalty of 20 penalty units 1 penalty unit for first offence (but 2 penalty units for second offence within 12 months after first offence, 5 penalty units for third offence within 24 months after first offence) 4

and substituting the following item:

136A(1) Undertaking well works without a well driller’s licence or supervision of a licence holder 200 penalty units and a daily penalty of 20 penalty units 2.5 penalty units for first offence (but 5 penalty units for second offence within 12 months after first offence, 7.5 penalty units for third offence within 24 months after first offence) 4

(c) by omitting

136A(2) Undertaking well works that are in contravention of the class of licence or endorsement on the licence 200 penalty units and a daily penalty of 20 penalty units 1 penalty unit for first offence (but 2 penalty units for second offence within 12 months after first offence, 5 penalty units for third offence within 24 months after first offence) 4

136A(2) Undertaking well works that are in contravention of the class of licence or endorsement on the licence 200 penalty units and a daily penalty of 20 penalty units 2.5 penalty units for first offence (but 5 penalty units for second offence within 12 months after first offence, 7.5 penalty units for third offence within 24 months after first offence) 4

(d) by omitting

136D(4) Contravening a condition on a well driller’s licence 50 penalty units 1 penalty unit for first offence (but 2 penalty units for second offence within 12 months after first offence, 5 penalty units for third offence within 24 months after first offence) 2

136D(4) Contravening a condition on a well driller’s licence 50 penalty units 2.5 penalty units for first offence (but 5 penalty units for second offence within 12 months after first offence, 7.5 penalty units for third offence within 24 months after first offence) 2

(e) by omitting

146(3) Undertaking, or causing or permitting to be undertaken, dam works without or in contravention of permit 200 penalty units and a daily penalty of 20 penalty units 24 penalty units and a daily penalty of 2 penalty units for first offence; 48 penalty units and a daily penalty of 4 penalty units for second offence Nil

143(1) Undertaking, or causing or permitting to be undertaken, dam works without or in contravention of permit 200 penalty units and a daily penalty of 20 penalty units 24 penalty units and a daily penalty of 2 penalty units for first offence; 48 penalty units and a daily penalty of 4 penalty units for any subsequent offence within 5 years after first offence Nil

(f) by omitting

146A	Contravening conditions of dam permit	200 penalty units and a daily penalty of 20 penalty units	24 penalty units and a daily penalty of 2 penalty units for first offence; 48 penalty units and a daily penalty of 4 penalty units for second offence	Nil
147(4)	Contravening notice for dam works	50 penalty units and a daily penalty of 5 penalty units	12 penalty units and a daily penalty of 1 penalty unit	Nil
148(3)	Obtaining dam permit by false representation or declaration	20 penalty units	1 penalty unit	Nil

162(2)	Failing to comply with notice	200 penalty units and a daily penalty of 20 penalty units	24 penalty units and a daily penalty of 2 penalty units	Nil
164ZA(1)	Failing to give notice of completion of dam works	100 penalty units	10 penalty units	Nil
164ZA(3)	Failing to comply with requirement	100 penalty units	10 penalty units	Nil
164ZB(1)	Failing to give notice of completion of dam works	200 penalty units	20 penalty units	Nil
164ZB(4)	Failing to comply with requirement	200 penalty units	20 penalty units	Nil
164ZF(2)	Failing to notify of having ceased to be responsible for certain matters under dam operating notice	10 penalty units	2 penalty units	Nil
164ZI	Contravening conditions of dam permit	200 penalty units and a daily penalty of 20 penalty units	24 penalty units and a daily penalty of 2 penalty units for first offence; 48 penalty units and a daily penalty of 4 penalty units for any subsequent offence within 5 years after first offence	Nil
164ZJ(1)	Contravening a dam operating notice or condition of notice	200 penalty units and a daily penalty of 20 penalty units	24 penalty units and a daily penalty of 2 penalty units for first offence; 48 penalty units and a daily penalty of 4 penalty units for any subsequent offence within 5 years after first offence	Nil
164ZK	Failing to comply with registered offset	200 penalty units and a daily penalty of 20 penalty units	24 penalty units and a daily penalty of 2 penalty units for first offence; 48 penalty units and a daily penalty of 4 penalty units for any subsequent offence within 5 years after first offence	Nil
164ZM(3)	Failing to comply with requirement	50 penalty units and a daily penalty of 5 penalty units	12 penalty units and a daily penalty of 1 penalty unit	Nil

(g) by omitting

165G Maintaining and operating dam in way that causes environmental harm or endangers persons or property 500 penalty units and a daily penalty of 50 penalty units for a body corporate 25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for second offence Nil

165G Maintaining and operating dam in way that causes environmental harm or endangers persons or property 500 penalty units and a daily penalty of 50 penalty units for a body corporate 25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for any subsequent offence within 5 years after first offence Nil

(h) by omitting

200 penalty units and a daily penalty of 20 penalty units for a natural person 10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for second offence

200 penalty units and a daily penalty of 20 penalty units for a natural person 10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for any subsequent offence within 5 years after first offence

(i) by omitting

165L(3) Failing to comply with Ministerial direction relating to undertaking dam works, keeping records or providing plan of action 500 penalty units and a daily penalty of 50 penalty units for a body corporate 25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for second offence Nil

165L(3) Failing to comply with Ministerial direction relating to undertaking dam works, keeping records or providing plan of action 500 penalty units and a daily penalty of 50 penalty units for a body corporate 25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for any subsequent offence within 5 years after first offence Nil

(j) by omitting

200 penalty units and a daily penalty of 20 penalty units for a natural person 10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for second offence

200 penalty units and a daily penalty of 20 penalty units for a natural person 10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for any subsequent offence within 5 years after first offence

(k) by omitting

165N(3) Failing to comply with Ministerial notice to modify dam 500 penalty units and a daily penalty of 50 penalty units for a body corporate 25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for second offence Nil

165N(3) Failing to comply with Ministerial notice to modify dam 500 penalty units and a daily penalty of 50 penalty units for a body corporate 25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for any subsequent offence within 5 years after first offence Nil

(l) by omitting

200 penalty units and a daily penalty of 20 penalty units for a natural person 10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for second offence

200 penalty units and a daily penalty of 20 penalty units for a natural person 10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for any subsequent offence within 5 years after first offence

(m) by omitting

165P(2) Failing to comply with Ministerial notice to ensure safety of dam 500 penalty units and a daily penalty of 50 penalty units for a body corporate 25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for second offence Nil

165P(2) Failing to comply with Ministerial notice to ensure safety of dam 500 penalty units and a daily penalty of 50 penalty units for a body corporate 25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for any subsequent offence within 5 years after first offence Nil

(n) by omitting

200 penalty units and a daily penalty of 20 penalty units for a natural person 10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for second offence

200 penalty units and a daily penalty of 20 penalty units for a natural person 10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for any subsequent offence within 5 years after first offence

(o) by omitting

182 Failing to provide annual or other required report to Minister 50 penalty units 1 penalty unit Nil

182	Failing to provide annual or other required report to Minister	50 penalty units	1 penalty unit	Nil
165W(3)	Failing to register dam	100 penalty units	20 penalty units	Nil
165W(6)	Failing to comply with requirement	100 penalty units	10 penalty units	Nil

(p) by omitting

227(3) Failing to comply with Ministerial notice directing person to install meter in respect of water resource 50 penalty units and a daily penalty of 5 penalty units 1 penalty unit 3

227(3) Failing to comply with Ministerial notice directing person to install meter in respect of water resource 50 penalty units and a daily penalty of 5 penalty units 2.5 penalty units 3

(q) by omitting

228(1) Interfering with or injuring meter 50 penalty units and a daily penalty of 5 penalty units 1 penalty unit and a daily penalty of 0.5 penalty units 3

228(1) Interfering with or injuring meter 50 penalty units and a daily penalty of 5 penalty units 2.5 penalty units and a daily penalty of 0.5 penalty units 3

(r) by omitting

246(2) Failing to comply with direction of authorised officer 50 penalty units and a daily penalty of 5 penalty units 1 penalty unit and a daily penalty of 0.5 penalty units 4

246(2) Failing to comply with direction of authorised officer 50 penalty units and a daily penalty of 5 penalty units 2.5 penalty units and a daily penalty of 0.5 penalty units 4

(s) by omitting

282(5) Contravening Ministerial notice to prevent or make good damage caused in taking water 50 penalty units 1 penalty unit 4

282(5) Contravening Ministerial notice to prevent or make good damage caused in taking water 50 penalty units 2.5 penalty units 4

(t) by omitting

283 Providing false or misleading information 50 penalty units 1 penalty unit 3

283	Providing false or misleading information	50 penalty units	10 penalty units for providing false or misleading information in relation to proposed or existing dam works under Part 8 of Act;	3
In all other cases, 1 penalty unit

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 23 December 2015

These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations amend the

(a) altering certain fees and penalties and prescribing new matters in relation to which fees and penalties are imposed; and (b) prescribing what constitutes an offset for the purposes of the Act; and (c) prescribing the terms of review for annual reviews of the operation of administrative processes under Part 8 of the Act; and (d) prescribing requirements for the keeping of records and information in relation to dam works and water licences.