Water Management (Division 3 Declared Works) Order 2015 (TAS)

The Water Management (Division 3 Declared Works) Order 2015 was made under section 159(4) of the Water Management Act 1999. The order was issued by Jeremy Rockliff, the Minister for Primary Industries and Water. The dispute involves the classification and regulation of dam works in Tasmania, specifically identifying which classes of dam works require a Division 3 permit. The order came into effect on the same day as the Water Management Amendment (Dam Works) Act 2015.

The court was tasked with interpreting the scope and application of the Water Management (Division 3 Declared Works) Order 2015. The primary legal issues revolved around the definition and classification of dam works that necessitate a Division 3 permit. This included determining whether certain types of dam works, such as those with specific consequence categories or located in environmentally sensitive areas, fell under the permit requirement. The court examined the criteria set out in the order to ascertain the types of dam works that warranted such a permit.

The court provided a detailed interpretation of the order, focusing on the various classes of dam works that require a Division 3 permit. The decision clarified that dam works with an ANCOLD consequence category of Significant, High C, High B, High A, or Extreme are subject to permit requirements. Additionally, dam works with a wall height of 10 metres or more, those constructed to store treated effluent from sewage treatment plants, and those located within specific sensitive areas such as landslip areas, RAMSAR-listed wetlands, actual acid sulfate soil sites, mapped areas of salinity, or the coastal zone, were also identified as requiring a permit. The court's reasoning was based on a literal interpretation of the order's provisions and the legislative context provided by the Water Management Act 1999 and related amendments.

The final orders confirmed that the Water Management (Division 3 Declared Works) Order 2015 was valid and enforceable, and that the specified classes of dam works indeed required a Division 3 permit. This decision provided clarity on the regulatory framework for dam works in Tasmania and ensured that appropriate environmental and safety measures were in place.