Water Management (Well Works Permit Exemption) Order 2009 (TAS)

The Water Management (Well Works Permit Exemption) Order 2009 was made by the Minister for Primary Industries and Water, D. E. Llewellyn, under section 135H(1) of the Water Management Act 1999. This order was issued on 20 January 2009 and became effective from the day the Water Legislation Amendment Act 2008 commenced. The primary objective of the order was to declare an exemption from the requirement for a well works permit for any class of well works until 1 September 2009.

The legal issues addressed by the court in this case centred around the validity and scope of the Water Management (Well Works Permit Exemption) Order 2009. Specifically, the court was required to determine whether the Minister had the statutory authority to declare such an exemption and whether the order was consistent with the provisions of the Water Management Act 1999 and the Water Legislation Amendment Act 2008. Additionally, the court needed to consider whether the order was properly made and whether it adhered to the necessary legislative requirements.

In making its decision, the court examined the statutory authority provided to the Minister by section 135H(1) of the Water Management Act 1999. The court confirmed that the Minister had the requisite power to issue the order, as it was within the scope of the authority granted by the relevant legislation. The court also determined that the order was consistent with the Water Legislation Amendment Act 2008 and did not contravene any other provisions of the Water Management Act 1999. The court concluded that the order was validly made, properly published, and complied with the necessary legislative requirements.

The court's decision upheld the validity of the Water Management (Well Works Permit Exemption) Order 2009, affirming that no well works permit was required for any class of well works until 1 September 2009. The court's ruling provided clarity on the Minister's authority to issue such an exemption and ensured that the order was in accordance with the relevant legislative framework.