Water Management (Well Driller's Licence Exemption) Order 2009 (TAS)

Water Management (Well Driller's Licence Exemption) Order 2009

I make the following order under section 136J(1) of the Water Management Act 1999 .20 January 2009

D. E. LLEWELLYN

Minister for Primary Industries and Water

1Short titleThis order may be cited as the Water Management (Well Driller’s Licence Exemption) Order 2009 . 2CommencementThis order takes effect on the day on which the provisions of the Water Legislation Amendment Act 2008 commence. 3InterpretationThe Acts Interpretation Act 1931 applies to the interpretation of this order as if it were regulations within the meaning of that Act. 4ExemptionThe following categories of well works are exempt from the operation of Division 4 of Part 7 of the Water Management Act 1999 : (a) well works not involving any excavation deeper than 3 metres below the natural surface of the ground; (b) well works carried out solely for maintenance purposes and not involving – (i) the repositioning of the casing, lining or screen of the well; or (ii) a major modification of the casing, lining or screen of the well; or (iii) the replacement of the casing, lining or screen of the well with a casing, lining or screen of entirely different design or specifications; or (iv) the deepening of the well by more than 1.5 metres; (c) well works that reasonably need to be undertaken urgently (in circumstances where it is not feasible to obtain the services of the holder of a well driller’s licence) to – (i) prevent the pollution or deterioration of bore water; or (ii) prevent water wastage; (d) well works undertaken in good faith in an emergency (in circumstances where it is not feasible to obtain the services of the holder of a well driller’s licence) to – (i) prevent the death or injury of any person or animal; or (ii) safeguard property.

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

Notified in the Gazette on 11 February 2009

This order is administered in the Department of Primary Industries and Water.

EXPLANATORY NOTE

(This note is not part of the order) This order exempts certain categories of well works from the operation of