Water Management Regulations 1999 (TAS)

Water Management Regulations 1999

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 .22 December 1999

G. S. M. GREEN

Governor

By His Excellency’s Command,

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

PART 1Preliminary1Short titleThese regulations may be cited as the Water Management Regulations 1999 . 2CommencementThese regulations take effect on 1 January 2000. 3InterpretationIn these regulations, unless the contrary intention appears – Act means the Water Management Act 1999 ; fee unit means a fee unit within the meaning of the Fee Units Act 1997 ; field management fee means a fee payable under regulation 6 or 8 ; MDQ means the maximum daily quantity of water, expressed in megalitres, permitted to be taken under a licence; quarter means a period of 3 months commencing on the first day of January, April, July or October in any year; region means a region referred to in regulation 8(2)(a) . PART 2Rights to take water4Rights to take water (1) For the purposes of section 48(2) of the Act, the maximum amount of water which may be taken is – (a) for domestic purposes, 440 litres a day for each dwelling on the relevant land, or if there is no dwelling, 100 litres a day for each person who is an occupier of the land; or (b) for irrigation of a household garden, 0.6 litres a day for each square meter, but not exceeding 1500 litres a day; or (c) for watering cattle, 90 litres a day for each head of cattle; or (d) for watering horses, 45 litres a day for each head; or (e) for watering sheep and goats, 7 litres a day for each head; or (f) for watering pigs, 0.5 litres a day for each head; or (g) for watering poultry, 0.5 litres a day for each 10 head. (2)  If an authorised officer is satisfied that the water is to be taken into storage, he or she may permit the taking of water in excess of the quantities specified in subregulation (1) , but the maximum quantity which may be taken in any period of 7 days may not exceed 7 times the quantity so specified. (3)  A person who contravenes this regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine of 2 penalty units for each day during which the offence continues. PART 3Water licence fees5Administrative feesAn administrative fee of 33 fee units a year is payable by all licensees. 6Field management fees (1)  An annual field management fee is payable in accordance with this regulation by all licensees where water may be taken only during the period between 1 May and 31 October in any year. (2)  Where – (a) water is taken into a dam constructed in or on a watercourse; or (b) there is more than one water allocation of a licence authorising the taking of water during the period referred to in subregulation (1) and at least one of the allocations is taken into a dam constructed in or on a watercourse – a fee is payable in accordance with the following table:

Region	1	2	3	4	5	6	7	8
Fee units	19	16	12	37	21	66	10	29

(3)  Where water is taken in any other case during the period referred to in subregulation (1) , a fee is payable in accordance with the following table:

Region	1	2	3	4	5	6	7	8
Fee units	10	8	6	19	11	33	5	15

(4)  Where there is more than one water allocation of a licence authorising the taking of water as mentioned in subregulation (1) , only one field management fee is applicable to the licensee. 7Aquaculture, hydro-electricity generation, &c.The fee for a licence to take water from a watercourse for aquaculture, hydro-electricity generation or any similar purpose where the water is returned to the watercourse directly after use without significant diminution of the quantity of water taken is 247.5 fee units a year. 8Other field management fees (1)  An annual field management fee for a licence to take water from a watercourse, otherwise than as mentioned in this Part, is payable by the licensee and is the total of the various amounts payable in respect of each part of the relevant MDQ as specified in the first column of Schedule 1 for the region in which the licensee’s land lies. (2)  For the purposes of these regulations – (a) the State is divided into 8 regions in accordance with Schedule 2 ; and (b) the catchment areas referred to in that Schedule are delineated in Plan No. 5234 in the Central Plan Register, a reduced copy of which is set out by way of illustration in Schedule 3 ; and (c) where any land of a landholder extends beyond the boundary of a catchment area, the whole of that land is taken to be within the catchment area in which the majority of that land lies. 9Rebate of feesWhere a licence has a water allocation from the Derwent River, the Huon River or any other watercourse specified by the Minister by notice published in the Gazette, the field management fee under regulation 8 may be reduced by such amount, not exceeding one-half, as may be so specified. 10Fee for multiple water allocations (1)  Where a licence has more than one water allocation, the fee payable under regulation 8 is – (a) the total of the field management fees payable for each allocation; or (b) the fee applicable to the total amount of water as if it were all a single allocation – whichever is the lesser amount. (2)  Where a licence has a water allocation as mentioned in regulation 6(2) and a water allocation as mentioned in regulation 8 , the field management fee is one-half the amount payable under regulation 6(2) together with the amount payable under regulation 8 . (3)  Where a licence has a water allocation authorising the taking of water – (a) only during the period between 1 May and 31 October in any year; and (b) otherwise than as mentioned in this Part – the field management fee is the total amount payable under regulations 6(1) and 8 . 11Rebate for meterThe Minister may determine that the relevant field management fee payable by a licensee is to be reduced by an amount not exceeding one-half of the fee where the water taken under the licence may be measured by a meter affixed in accordance with section 227 of the Act. 12Licence fees for water authoritiesThe fee payable by the Hobart Water Authority, the Esk Water Authority and the North West Water Authority is to be the product of 26.38 fee units and the number of megalitres of water taken under the licence during the preceding quarter for supply to the customers of each Authority, excluding any water intended for commercial irrigation where the Minister is satisfied that the water is to be so used. 13Licences for less than 12 monthsWhere a licence is granted for a period of less than 12 months, the field management fee is to be the appropriate proportion of the annual fee unless the Minister determines otherwise, in which case the fee so determined may not exceed the fee which would be payable under this Part if the licence was held for a period of 12 months. 14Miscellaneous fees Schedule 4 has effect in respect of other fees payable under the Act. Schedule 1Field management fees

Regulation 8(1)

Part of MDQ	Region 1	Region 2	Region 3	Region 4	Region 5	Region 6	Region 7	Region 8
less than 0.1 megalitre	50 fee units	50 fee units	50 fee units	50 fee units	50 fee units	50 fee units	50 fee units	50 fee units
more than 0.1 but less than or equal to 2 megalitres	50 plus 315 x (MDQ – 0.1) fee units	50 plus 155 x (MDQ – 0.1) fee units	50 plus 40 x (MDQ – 0.1) fee units	50 plus 460 x (MDQ – 0.1) fee units	50 plus 75 x (MDQ – 0.1) fee units	50 plus 125 x (MDQ – 0.1) fee units	50 plus 70 x (MDQ – 0.1) fee units	50 plus 120 x (MDQ – 0.1) fee units
more than 2.0 but less than or equal to 5 megalitres	649 plus 15.8 x (MDQ – 2) fee units	345 plus 7.8 x (MDQ – 2) fee units	126 plus 2.0 x (MDQ – 2) fee units	926 plus 23.0 x (MDQ – 2) fee units	193 plus 3.8 x (MDQ – 2) fee units	288 plus 6.3 x (MDQ – 2) fee units	183 plus 3.5 x (MDQ – 2) fee units	278 plus 6.0 x (MDQ – 2) fee units
more than 5.0 but less than or equal to 20 megalitres	696 plus 7.9 x (MDQ – 5) fee units	368 plus 3.9 x (MDQ – 5) fee units	132 plus 1.0 x (MDQ – 5) fee units	995 plus 11.5 x (MDQ – 5) fee units	204 plus 1.9 x (MDQ – 5) fee units	306 plus 3.1 x (MDQ – 5) fee units	194 plus 1.8 x (MDQ – 5) fee units	296 plus 3.0 x (MDQ – 5) fee units
more than 20 megalitres	814 plus 3.9 x (MDQ – 20) fee units	426 plus 1.9 x (MDQ – 20) fee units	147 plus 0.5 x (MDQ – 20) fee units	1168 plus 5.8 x (MDQ – 20) fee units	232 plus 0.9 x (MDQ – 20) fee units	353 plus 1.6 x (MDQ – 20) fee units	220 plus 0.9 x (MDQ – 20) fee units	341 plus 1.5 x (MDQ – 20) fee units

Schedule 2Regions

Regulation 8(2)(a)

Region	Catchments
1.	20, 21, 22, 23, 24, 25, 26, 27 and 28 (excluding the catchment area of the Detention River)
2.	28 (only so far as it includes the catchment area of the Detention River), 29, 30, 31 and 32 (excluding the catchment areas of watercourses flowing into Bass Strait east of the Blythe River catchment)
3.	32 (only so far as it includes the catchment areas of watercourses flowing into Bass Strait east of the Blythe River catchment), 33, 34, 35 and 36 (only so far as it includes the catchment area of the Panatana Rivulet and the catchment areas of watercourses flowing into Bass Strait west of the Panatana Rivulet catchment)
4.	36 (excluding the catchment area of the Panatana Rivulet and the catchment areas of watercourses flowing into Bass Strait west of the Panatana Rivulet catchment) and 37
5.	2, 3, 4, 42, 43, 44, 45, 46, 47 and 48
6.	1, 38, 39, 40 and 41
7.	5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 (only so far as it includes the catchment areas of watercourses north of the Hobart Rivulet)
8.	15 (only so far as it includes the catchment areas of the Hobart Rivulet and watercourses south of that Rivulet), 16, 17, 18 and 19

Schedule 3Tasmania catchment map

Regulation 8(2)(b)

Schedule 4Miscellaneous fees

Regulation 14

Section of Act	Purpose of Fee	Fee
12	obtaining copy or extract from licence register	15 fee units for up to 5 water licences plus 2 fee units for each additional licence
37	application by a water entity to implement a water management plan	where the water entity is a Government Business Enterprise, council, statutory authority, company or cooperative, 25 fee units plus 30 fee units for each 0.5 hours spent in processing application
45	providing annual report on activities of a water entity implementing a water management plan	25 fee units plus 20 fee units for each 0.5 hours spent in checking that the water entity has complied with both the water management plan and the conditions under which it is permitted to implement the water management plan
62	application for licence	25 fee units plus 20 fee units for each 0.5 hours spent in processing application plus 40 fee units where the application requires a notice under section 65 of the Act
70	application to vary licence	25 fee units plus 20 fee units for each 0.5 hours spent in processing application plus 40 fee units where the application requires a notice under section 71 of the Act
80(2)(a)	application for renewal of licence	annual fee payable if licence is renewed
90	temporary water allocation	25 fee units or such other amount as the Minister may determine, not exceeding 0.25 times the annual licence fee that would apply if the allocation was part of the allocation of a water licence
97	application for transfer of licence or water allocation	25 fee units plus 20 fee units for each 0.5 hours spent in processing application
103	application for temporary transfer of water allocation by person who does not hold a licence	25 fee units plus 20 fee units for each 0.5 hours spent in processing application
146	application for dam permit	25 fee units plus 20 fee units for each 0.5 hours spent in processing application but not exceeding 250 fee units, plus 40 fee units where the application requires a notice under section 71 of the Act
171	application to establish water district	25 fee units plus 20 fee units for each 0.5 hours spent in processing application, plus 40 fee units where the application requires a notice under section 174 of the Act

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

Notified in the Gazette on 29 December 1999

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

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations provide for –

(a) the maximum amounts of water that may be taken by virtue of various rights conferred by the Water Management Act 1999 ; and (b) administrative, field management and other fees payable under the Act; and (c) the division of the State into regions for the purpose of assessing field management fees.