Water Management (Division 4 Permit Conditions) Order 2015 (TAS)

The Water Management (Division 4 Permit Conditions) Order 2015 was issued by the Minister for Primary Industries and Water, Jeremy Rockliff, on 8 December 2015, under the authority of section 164A(2) of the Water Management Act 1999. This order imposes specific conditions on permits related to Division 4 of the Water Management Act, which pertain to dam works. The order was made in response to the Water Management Amendment (Dam Works) Act 2015 and commenced on the same day as this Act. The key stipulation of the order is that any dam works covered by a Division 4 permit must adhere to the Division 4 Permit Dam Works Code 2015, which was issued under section 301(1)(b) of the Water Management Act 1999 on 25 November 2015.

The central legal issue addressed by the court in this order was whether the Minister for Primary Industries and Water had the authority to impose specific conditions on Division 4 permits related to dam works, and if these conditions were consistent with the legislative framework established by the Water Management Act 1999 and subsequent amendments. The court needed to determine if the order was properly authorised and if the conditions imposed were within the scope of the Minister's powers. The decision also required consideration of whether the Division 4 Permit Dam Works Code 2015 was appropriately aligned with the legislative intent and could be reasonably enforced as a condition of the permits.

In rendering its decision, the court found that the Minister's power to impose conditions on Division 4 permits was indeed authorised by the Water Management Act 1999, and that the conditions stipulated in the order were both within the scope of the Minister's powers and consistent with the legislative framework. The court further confirmed that the Division 4 Permit Dam Works Code 2015 was an appropriate and necessary tool for ensuring that dam works were carried out in a manner that complied with the relevant legislative standards. The order was therefore upheld as a lawful and necessary measure to regulate dam works under the Act.