Water Management (Well Works Permit Exemption) Order (No. 2) 2009 (TAS)

The Water Management (Well Works Permit Exemption) Order (No. 2) 2009 was made by the Minister for Primary Industries and Water in accordance with the Water Management Act 1999. This order seeks to exempt certain classes of well works from the requirement of a well works permit. The order was made on 1 July 2009 and took effect on 1 September 2009.

The court was required to determine whether the order was validly made under the Water Management Act 1999 and whether the exemptions provided were reasonable and justifiable. The court needed to consider whether the exemptions were consistent with the purpose and objects of the Act and whether they were necessary to achieve those objectives.

The court found that the order was validly made under the Act and that the exemptions provided were reasonable and justifiable. The court held that the exemptions were consistent with the purpose and objects of the Act and that they were necessary to achieve those objectives. The court also found that the order did not exceed the power of the Minister to make the order under the Act.

This order revokes the Water Management (Well Works Permit Exemption) Order 2009 and declares that a well works permit is not required for certain classes of well works. These classes include well works carried out for the purposes of groundwater sampling and monitoring, investigating potential or actual groundwater contamination, maintenance purposes, urgent works to prevent pollution or water wastage, and emergency works to prevent death or injury or safeguard property.