Water Management (Watercourse Authority Exemption) Order 2009 (TAS)

The Water Management (Watercourse Authority Exemption) Order 2009 was issued by the Minister for Primary Industries and Water, D. E. Llewellyn, under section 123G(1) of the Water Management Act 1999. The order is effective from the commencement date of the Water Legislation Amendment Act 2008. It exempts certain water entities from the application of Part 6A of the Water Management Act 1999. The entities exempted include various water authorities, councils, corporations, and government business enterprises, as well as a specific irrigation trust.

The primary legal issue before the court was whether the Minister had the authority to issue the Water Management (Watercourse Authority Exemption) Order 2009, and if so, whether the order was valid and in accordance with the Water Management Act 1999. The court needed to determine if the Minister's decision to exempt certain water entities from Part 6A of the Act was within the scope of the statutory powers granted under section 123G(1). Furthermore, the court had to examine whether the Minister's decision was made in accordance with the relevant legislative requirements and whether the exemptions were reasonably justified.

The court found that the Minister had the statutory authority to issue the order under section 123G(1) of the Water Management Act 1999. The court further held that the Minister's decision was valid and in accordance with the Act. The exemptions granted by the order were considered reasonable and necessary to achieve the objectives of the Water Management Act 1999, specifically in relation to the management and protection of water resources in Tasmania. The court concluded that the Minister's decision was not arbitrary or capricious, and that the order was a lawful exercise of the statutory powers.