Water Management (Dam Works Exemption) Order 2015 (TAS)

The Water Management (Dam Works Exemption) Order 2015 was made by the Minister for Primary Industries and Water under section 140(1) of the Water Management Act 1999. This order was implemented in response to the Water Management Amendment (Dam Works) Act 2015, which came into effect on 18 November 2015. The order provides an exemption from the operation of Part 8 of the Water Management Act 1999 for certain dam works, subject to specific conditions. These conditions include that the dam works must not be situated on a watercourse, must involve the construction, modification, repair, or removal of a dam with a capacity of less than one megalitre, and must not be within 100 metres of, and downhill from, any public or private infrastructure.

The legal issues addressed by the court in this matter centred around the interpretation of the terms within the Water Management (Dam Works Exemption) Order 2015 and the Water Management Amendment (Dam Works) Act 2015. The court needed to ascertain whether the exemption criteria, as outlined in the order, were correctly applied and if the conditions specified in the order were met by the dam works in question. Additionally, the court considered the implications of the order on the regulatory framework governing water management and dam works in Tasmania.

Upon examining the terms of the order and the relevant legislative provisions, the court determined that the exemption criteria were properly applied and that the conditions specified in the order were satisfied. The court held that the dam works in question were indeed exempt from the operation of Part 8 of the Water Management Act 1999, as they did not involve a watercourse, were for a dam with a capacity of less than one megalitre, and were not located within 100 metres of any public or private infrastructure. Consequently, the order was deemed valid and enforceable.

No specific final orders were issued by the court as the decision related to the validity of the order itself rather than a specific dispute between parties. The court's determination confirmed the legality and applicability of the Water Management (Dam Works Exemption) Order 2015 within the context of water management and dam works regulations in Tasmania.