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TASMANIA
__________
WATER LEGISLATION AMENDMENT BILL 2008
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Effect of certain consequential amendments
PART 2 - WATER MANAGEMENT ACT 1999 AMENDED
4. Principal Act
5. Section 3 amended (Interpretation)
6. Section 5 amended (Application of Act)
7. Section 5A inserted
5A. Tidal areas
8. Section 10 amended (Delegation)
9. Section 11 amended (Exemption from Act)
10. Section 12 amended (Minister to keep register of licences and
permits)
11. Section 12A inserted
12A. Application requirements
12. Section 14 amended (Scope of water management plans)
13. Section 25 amended (Public exhibition of draft plan)
14. Section 26 amended (Consideration of representations)
15. Section 27 amended (Review by Commission)
16. Section 29 substituted
[Bill 28]-II
29. When do water management plans take effect?
17. Section 30 repealed
18. Section 31 amended (Interim water management plan)
19. Section 34 amended (Review and amendment of water
management plans)
20. Section 35 substituted
35. Notice of water management plan
21. Section 36 amended (Implementation of plans)
22. Section 37 amended (Application by water entity or landowners)
23. Section 38 amended (Approval of application)
24. Section 39 amended (Withdrawal of representation)
25. Section 47 amended (Revocation of approval)
26. Section 48 amended (Rights to take water)
27. Section 53 amended (Exceptions to general rights)
28. Section 54 substituted
54. Licences
29. Section 56 amended (Details of licence)
30. Section 57 amended (Duration of licence)
31. Section 61 amended (Notification of financial interest)
32. Section 62 substituted
62. Application for licence
33. Section 64 amended (Refusal of application for a licence)
34. Section 65 amended (Notice of application for licence)
35. Section 69 amended (Variation of licences)
36. Section 70 substituted
70. Requirements for application to vary licence
37. Section 71 amended (Notice of application to vary licence)
38. Section 73 amended (Approval of application to vary licence)
39. Section 77 substituted
77. Surrender of licences
40. Section 78 repealed
41. Section 80 substituted
80. Renewal of licences
2
42. Section 87 amended (Re-allocation of water)
43. Section 90 substituted
90. Temporary water allocations
90A. Short-term water allocations
44. Section 94 amended (Restrictions on taking of water)
45. Section 95 amended (Transfer of licences and water allocations)
46. Section 97 amended (Application for transfer of licence or water
allocation)
47. Sections 97A and 98 substituted
97A. Transfers to or from tributaries
98. Refusal of application for transfer
48. Section 102 repealed
49. Section 103 amended (Temporary transfers)
50. Section 104 amended (Consent of parties with financial interest)
51. Section 106 amended (Cancellation, &c., of licence on
conviction for offence)
52. Section 111 amended (Surety of special licences)
53. Section 115 amended (Grant of special licences)
54. Section 121 amended (Transfer of water allocations)
55. Part 6A inserted
PART 6A - Authority to convey water via watercourse
123A. Watercourse authority
123B. Application for watercourse authority
123C. Determination of application
123D. Issue of watercourse authority
123E. Nature of watercourse authority
123F. Cancellation or suspension of watercourse authority
123G. Exemptions
56. Section 124 substituted
124. Application of Division
57. Section 124A amended (Appointment of groundwater area)
58. Section 124B amended (Notice of appointment of groundwater
area)
59. Section 125 repealed
60. Section 126 amended (Well orders)
61. Section 130 substituted
3
130. Application of Division
62. Part 7, Divisions 3 and 4 inserted
Division 3 - Well works
135. Causing well works to be undertaken
135A. Application for well works permit
135B. Determination of application
135C. Issue of well works permit
135D. Nature of well works permit
135E. Permit may enure for benefit of owner
135F. Variation of well works permit
135G. Cancellation or suspension of well works permit
135H. Exemptions
Division 4 - Well driller's licences
136. Interpretation of Division
136A. Undertaking well works
136B. Application for well driller's licence
136C. Determination of application
136D. Issue of well driller's licence
136E. Nature of well driller's licence
136F. Renewal of licences
136G. Continuation of expiring licence
136H. Variation of well driller's licence
136I. Cancellation or suspension of well driller's licence
136J. Exemptions
63. Section 137 amended (Application of this Part)
64. Section 139 amended (Members of Assessment Committee)
65. Section 143 amended (Functions of Assessment Committee)
66. Section 146 amended (Permit to undertake dam works)
67. Section 148 amended (Application by person other than owner)
68. Section 152 amended (Referral to Director)
69. Section 154 substituted
154. Requirement for additional information or action
70. Section 155 amended (Provision of additional information or
taking of action)
71. Section 155A amended (Supplementary information)
72. Section 155B inserted
155B. Amendment of application
73. Section 156 amended (Consideration of application)
4
74. Section 157 amended (Granting of permit)
75. Section 159 amended (Time when permit takes effect)
76. Section 160 amended (Notification of decision)
77. Section 162 amended (Amendments of permits)
78. Section 164 amended (Time limits for decision)
79. Section 165D amended (Inquiries as to dam safety)
80. Section 167 amended (Establishment of water districts)
81. Section 171 amended (Requirements for application)
82. Section 175 repealed
83. Section 176 amended (Approval of application)
84. Section 178 amended (Amendment of approval)
85. Section 180 amended (Alteration of boundaries)
86. Section 181 amended (Substitution of water entities)
87. Section 182 amended (Annual reports to Minister)
88. Section 186 amended (Revocation of approval for water entity to
administer a water district)
89. Section 188 amended (Revocation of appointment of district)
90. Section 192 amended (Watercourses as water supply channels)
91. Section 199 amended (Offences in connection with water
districts)
92. Section 205 amended (Application to establish trust)
93. Section 206 amended (Approval of application)
94. Section 206A substituted
206A. Establishment of trust
95. Section 211 substituted
211. Constitution of trust
96. Section 211A inserted
211A. Trust elections
97. Section 213 amended (Poll to be taken)
98. Section 222 substituted
222. Inspection of accounts
99. Sections 223, 224 and 225 substituted
223. Dissolution of trusts
5
100. Section 226 amended (Effect of dissolution)
101. Section 227 substituted
227. Power of Minister to install meters, &c.
102. Section 228 amended (Interference with meters)
103. Section 230 repealed
104. Section 231 amended (Power of Minister to charge for meters)
105. Sections 232, 233 and 234 repealed
106. Section 235 amended (Inspection and removal of meters)
107. Section 236 amended (Protection of meters)
108. Section 244 amended (Entry on land for taking measurements)
109. Section 245 substituted
245. Authorised officers, &c., may use assistants
110. Section 246 amended (Circumstances in which Division applies)
111. Section 256A inserted
256A. Interpretation of Division
112. Section 259 amended (Suspension or cancellation of licence)
113. Section 270 amended (Interpretation of Division)
114. Section 271 amended (Reviewable decisions)
115. Section 275 amended (Appealable decisions)
116. Section 279A amended (Compensatory orders for gas pipeline
safety detriments)
117. Section 280 amended (Suspension of decision pending appeal or
review)
118. Section 284 amended (Hindering, &c., persons engaged in
administration of Act)
119. Section 295A inserted
295A. Recovery of costs
120. Section 300A inserted
300A. Replacement of authorisations
121. Section 301 amended (Works codes)
122. Section 302 amended (Regulations in general)
123. Section 303 amended (Information, assessment of quantity of
water, &c.)
124. Section 304 amended (Fees and charges)
6
125. Section 304A amended (Regulations relating to dams safety)
126. Section 305 amended (Miscellaneous matters)
127. Section 307A inserted
307A. Savings and transitional provisions consequent on
Water Legislation Amendment Act 2008
128. Section 310 repealed
129. Schedule 3 substituted
SCHEDULE 3 - MEMBERSHIP AND PROCEEDINGS
OF TRUSTS
130. Schedule 4 amended (Savings and transitional provisions)
131. Schedule 4A inserted
SCHEDULE 4A - SAVINGS AND TRANSITIONAL
PROVISIONS CONSEQUENT ON WATER
LEGISLATION AMENDMENT ACT 2008
PART 3 - APPROVALS (DEADLINES) ACT 1993 AMENDED
132. Principal Act
133. Schedule 1 amended (Approval Time Limits)
PART 4 - FARM WATER DEVELOPMENT ACT 1985 AMENDED
134. Principal Act
135. Section 5 amended (Loans for development of farm water)
PART 5 - IRRIGATION CLAUSES ACT 1973 AMENDED
136. Principal Act
137. Section 23 amended (Right to a supply for irrigation)
138. Section 23A amended (Transfer of irrigation rights)
139. Section 24 amended (Domestic rights)
PART 6 - INLAND FISHERIES (COMMERCIAL NETS AND FEES)
REGULATIONS 1999 AMENDED
140. Principal Regulations
141. Regulation 3 amended (Interpretation)
142. Schedule 1 amended (Fees)
PART 7 - LEGISLATION REPEALED
143. Legislation repealed
7
SCHEDULE 1 - LEGISLATION REPEALED
8
WATER LEGISLATION AMENDMENT BILL 2008
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Water Management Act 1999,
Approvals (Deadlines) Act 1993, Farm Water Development
Act 1985, Irrigation Clauses Act 1973 and Inland Fisheries
(Commercial Nets and Fees) Regulations 1999, to repeal the
Cressy-Longford Irrigation Act 1969 and Cressy-Longford
Irrigation Water Act 1972 and for related purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Water Legislation
Amendment Act 2008.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 28] 9
Water Legislation Amendment Act 2008
Act No. of
s. 3 Part 1 - Preliminary
3. Effect of certain consequential amendments
The amendment by this Act of a provision of any
regulations does not prevent that provision or
any other provision of those regulations from
being amended or rescinded by a subsequent
regulation.
10
Water Legislation Amendment Act 2008
Act No. of
Part 2 - Water Management Act 1999 Amended s. 4
PART 2 - WATER MANAGEMENT ACT 1999
AMENDED
4. Principal Act
In this Part, the Water Management Act 1999* is
referred to as the Principal Act.
5. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of "applicant";
(b) by omitting the definition of "elector";
(c) by omitting the definition of "general
newspaper";
(d) by omitting the definition of "meter" and
substituting the following definition:
"meter" means an instrument that
measures and records a flow or
level of water and includes any
ancillary device attached to or
incorporated in the instrument;
(e) by inserting the following definition after
the definition of "small claim":
*No. 45 of 1999
11
Water Legislation Amendment Act 2008
Act No. of
s. 5 Part 2 - Water Management Act 1999 Amended
"special Act" - see section 189(b) and
section 190(b);
(f) by inserting the following definition after
the definition of "statutory authority":
"statutory rule" means a statutory
rule for the purposes of the Rules
Publication Act 1953;
(g) by omitting "subject to the regular ebb
and flow of the highest spring tides"
from the definition of "tidal area" and
substituting "below the mean high-water
mark";
(h) by omitting the definition of "water
resource" and substituting the following
definition:
"water resource" means -
(a) a watercourse, lake or any
dispersed surface water or
groundwater; or
(b) a tidal area that a
declaration under
section 5A relates to;
(i) by omitting "deeper than 3 metres" from
paragraph (a) of the definition of "well".
12
Water Legislation Amendment Act 2008
Act No. of
Part 2 - Water Management Act 1999 Amended s. 6
6. Section 5 amended (Application of Act)
Section 5(2) of the Principal Act is amended by
omitting "Nothing" and substituting "Except as
provided by section 5A, nothing".
7. Section 5A inserted
After section 5 of the Principal Act, the
following section is inserted in Part 1:
5A. Tidal areas
(1) The Minister may, by order, declare that
the taking of water in any tidal area is
subject to this Act.
(2) The order is a statutory rule.
8. Section 10 amended (Delegation)
Section 10(5)(c) of the Principal Act is amended
as follows:
(a) by omitting "165J(3)," and substituting
"165J(2),";
(b) by omitting "185(4),".
9. Section 11 amended (Exemption from Act)
Section 11 of the Principal Act is amended as
follows:
13
Water Legislation Amendment Act 2008
Act No. of
s. 10 Part 2 - Water Management Act 1999 Amended
(a) by omitting from subsection (1) "and in a
general newspaper";
(b) by inserting the following subsection
after subsection (1):
(1A) The order is not a statutory rule.
10. Section 12 amended (Minister to keep register of
licences and permits)
Section 12 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "any Part
of" after "under";
(b) by omitting from subsection (1) "may
direct" and substituting "thinks fit";
(c) by inserting in subsection (3) "without
charge" after "register".
11. Section 12A inserted
After section 12 of the Principal Act, the
following section is inserted in Part 3:
12A. Application requirements
An application to the Minister or
Assessment Committee on any matter
under this Act is to be in an approved
form and must -
14
Water Legislation Amendment Act 2008
Act No. of
Part 2 - Water Management Act 1999 Amended s. 12
(a) be accompanied by the prescribed
fee, if any; and
(b) be supported by such evidence or
information as the Minister or
Assessment Committee may
require, either at the time of
lodgment or subsequently, in
order to consider the application;
and
(c) comply with such additional
requirements under this Act, if
any, as relate specifically to the
application.
12. Section 14 amended (Scope of water management
plans)
Section 14(1) of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (c):
(ca) a tidal area that a declaration
under section 5A relates to; or
(b) by omitting from paragraph (d)
"paragraphs (a), (b) and (c)" and
substituting "paragraphs (a), (b), (c) and
(ca)".
15
Water Legislation Amendment Act 2008
Act No. of
s. 13 Part 2 - Water Management Act 1999 Amended
13. Section 25 amended (Public exhibition of draft
plan)
Section 25(1)(c) of the Principal Act is amended
by omitting "relating to" and substituting "on".
14. Section 26 amended (Consideration of
representations)
Section 26 of the Principal Act is amended by
omitting "referred to in section 25(1)(c) relating
to" and substituting "on".
15. Section 27 amended (Review by Commission)
Section 27(1) of the Principal Act is amended by
omitting "relating to" and substituting "on".
16. Section 29 substituted
Section 29 of the Principal Act is repealed and
the following section is substituted:
29. When do water management plans take
effect?
A water management plan or amended
water management plan takes effect on
the publication of a notice in the Gazette
that the Minister has adopted the plan or
amended plan.
16
Water Legislation Amendment Act 2008
Act No. of
Part 2 - Water Management Act 1999 Amended s. 17
17. Section 30 repealed
Section 30 of the Principal Act is repealed.
18. Section 31 amended (Interim water management
plan)
Section 31 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) The notice is not a statutory rule.
19. Section 34 amended (Review and amendment of
water management plans)
Section 34(4)(a) of the Principal Act is amended
by omitting "in respect of" and substituting "on".
20. Section 35 substituted
Section 35 of the Principal Act is repealed and
the following section is substituted:
35. Notice of water management plan
(1) Within 14 days after a water
management plan or amended water
management plan takes effect, the
Minister is to give written notice of that
fact to -
17
Water Legislation Amendment Act 2008
Act No. of
s. 21 Part 2 - Water Management Act 1999 Amended
(a) the council of each municipal
area with a relevant water
resource; and
(b) the persons, if any, who made
representations on the plan or the
relevant amendments.
(2) The notice is to include details of any
alteration made under section 27B(2)(b).
21. Section 36 amended (Implementation of plans)
Section 36 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) An Agency or water entity must act
consistently with a water management
plan in performing, under this or any
other Act, functions that affect or may
affect water resources to which the plan
relates.
22. Section 37 amended (Application by water entity or
landowners)
Section 37 of the Principal Act is amended as
follows:
(a) by omitting subsections (2) and (3) and
substituting the following subsection:
(2) The application -
18
Water Legislation Amendment Act 2008
Act No. of
Part 2 - Water Management Act 1999 Amended s. 22
(a) must be in accordance
with section 12A; and
(b) is to be made jointly by
persons who hold the
majority of licences
granted to take water from
the water resource or
water resources to which
the plan relates; and
(c) must recite an agreement
by those persons to create
a water entity; and
(d) must include particulars
of -
(i) the water entity or
proposed water
entity; and
(ii) the functions for
which the water
entity would be
responsible; and
(iii) the proposed
arrangements for
funding the water
entity's
administration.
(b) by omitting from subsection (4) "an
application under subsection (1)" and
substituting "the application".
19
Water Legislation Amendment Act 2008
Act No. of
s. 23 Part 2 - Water Management Act 1999 Amended
23. Section 38 amended (Approval of application)
Section 38 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) The order is not a statutory rule.
24. Section 39 amended (Withdrawal of representation)
Section 39 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) A representation made under section 24,
25 or 34 may be withdrawn, by notice in
writing to the Secretary by the person
who made it, at any time before the
Secretary -
(a) forwards a copy of the
representation to the Commission
under section 26; or
(b) if applicable, makes a
recommendation to the Minister
under section 34(4)(b).
25. Section 47 amended (Revocation of approval)
Section 47 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) The notice is not a statutory rule.
20
Water Legislation Amendment Act 2008
Act No. of
Part 2 - Water Management Act 1999 Amended s. 26
26. Section 48 amended (Rights to take water)
Section 48 of the Principal Act is amended by
omitting subsection (4A) and substituting the
following subsection:
(4A) An owner or occupier of land may take
groundwater from the land for any
purpose.
27. Section 53 amended (Exceptions to general rights)
Section 53 of the Principal Act is amended by
omitting paragraph (a) and substituting the
following paragraph:
(a) contrary to -
(i) a water management plan; or
(ii) a licence; or
(iii) a permission under section 90; or
(iv) an authorisation under
section 90A; or
(v) a notice under section 92(1); or
(vi) a temporary transfer under
section 103; or
(vii) an authorisation under
section 123A; or
(viii) an order under section 124A; or
21
Water Legislation Amendment Act 2008
Act No. of
s. 28 Part 2 - Water Management Act 1999 Amended
(ix) a permit under section 135C; or
(x) a direction under section 280D;
or
28. Section 54 substituted
Section 54 of the Principal Act is repealed and
the following section is substituted:
54. Licences
(1) A person must not, without a licence,
take -
(a) water from a watercourse, lake or
well; or
(b) dispersed surface water; or
(c) water from a tidal area that a
declaration under section 5A
relates to.
Penalty: Fine not exceeding 500 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 50 penalty units for
each day during which the
offence continues.
(2) However, subsection (1) does not apply
to the taking of water under and in
accordance with -
(a) Part 5; or
22
Water Legislation Amendment Act 2008
Act No. of
Part 2 - Water Management Act 1999 Amended s. 29
(b) an exemption under section 11; or
(c) a permission under section 90; or
(d) an authorisation under
section 90A; or
(e) a direction under section 280D;
or
(f) an irrigation or other right under
the Irrigation Clauses Act 1973.
(3) Also, subsection (1) does not apply to the
taking of water directly from a dam or
other works if the water in the dam or
works has previously been taken under
and in accordance with this Act.
(4) A person may apply for a licence under
section 62 or a special licence under
Division 6.
29. Section 56 amended (Details of licence)
Section 56 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph
before paragraph (a) in subsection (1):
(aa) is to specify the name and address
of the licensee; and
(b) by omitting from subsection (1)(a) "is to"
first occurring and substituting "may";
23
Water Legislation Amendment Act 2008
Act No. of
s. 30 Part 2 - Water Management Act 1999 Amended
(c) by omitting paragraphs (e) and (f) from
subsection (1) and substituting the
following paragraphs:
(e) may specify when the Minister
may vary the conditions of the
licence; and
(f) may specify such other conditions
and matters as the Minister thinks
fit.
(d) by omitting from subsection (2) "applies"
and substituting "may apply".
30. Section 57 amended (Duration of licence)
Section 57(1) of the Principal Act is amended by
omitting "is endorsed on" and substituting
"specifies in".
31. Section 61 amended (Notification of financial
interest)
Section 61 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "or in
land to which the licence or water
allocation relates";
(b) by omitting from subsection (2) "or owns
the relevant land";
24
Water Legislation Amendment Act 2008
Act No. of
Part 2 - Water Management Act 1999 Amended s. 32
(c) by omitting from subsection (4) "or land
to which a licence relates";
(d) by omitting subsection (7).
32. Section 62 substituted
Section 62 of the Principal Act is repealed and
the following section is substituted:
62. Application for licence
(1) An application for a licence is to be made
to the Minister.
(2) The application must -
(a) be in accordance with
section 12A; and
(b) where a water allocation of the
licence is to be comprised wholly
or partly of a water allocation
purchased under section 85, be
accompanied by the amount
agreed to be paid for the
allocation.
33. Section 64 amended (Refusal of application for a
licence)
Section 64 of the Principal Act is amended as
follows:
25
Water Legislation Amendment Act 2008
Act No. of
s. 34 Part 2 - Water Management Act 1999 Amended
(a) by omitting "to grant" and substituting
"an application for";
(b) by omitting from paragraph (a) "any
relevant water management plan or the
objectives of this Act" and substituting
"the objectives of this Act or any relevant
water management plan";
(c) by omitting from paragraph (b)(i) "grant"
and substituting "licence".
34. Section 65 amended (Notice of application for
licence)
Section 65 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) However, the Minister, in his or her
discretion, need not comply with
subsection (2) if satisfied that -
(a) the water allocation to which the
proposed licence relates would be
solely for stock or domestic use,
or a combination of those uses;
and
(b) the maximum daily quantity of
water taken under the proposed
licence would be less than 0.01
megalitres; and
(c) the taking of the water allocation
would not have a significant
26
Water Legislation Amendment Act 2008
Act No. of
Part 2 - Water Management Act 1999 Amended s. 35
effect on other users of water or
the environment.
35. Section 69 amended (Variation of licences)
Section 69(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "in an
approved form";
(b) by omitting paragraph (c) and
substituting the following paragraph:
(c) where the licence specifies when
the conditions of the licence may
be varied, at or within the times
so specified if the Minister
reasonably determines that the
variation is necessary or desirable
to further the objectives of this
Act; or
(c) by omitting from paragraph (f) "in
order";
(d) by omitting from paragraph (g)
"Division 4." and substituting
"Division 4; or";
(e) by inserting the following paragraph after
paragraph (g):
(h) to give effect to an order under
section 192.
27
Water Legislation Amendment Act 2008
Act No. of
s. 36 Part 2 - Water Management Act 1999 Amended
36. Section 70 substituted
Section 70 of the Principal Act is repealed and
the following section is substituted:
70. Requirements for application to vary licence
An application under section 69(2)(b)
must -
(a) be in accordance with
section 12A; and
(b) where the variation consists of a
variation of a water allocation of
the licence, be accompanied by
the amount required to be paid for
the water allocation or the
amount agreed to be paid for it
under section 85.
37. Section 71 amended (Notice of application to vary
licence)
Section 71 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "in
respect of" and substituting "on";
(b) by omitting from subsection (4) "A" and
substituting "However, a";
(c) by inserting the following subsection
after subsection (4):
28
Water Legislation Amendment Act 2008
Act No. of
Part 2 - Water Management Act 1999 Amended s. 38
(5) Also, the Minister, in his or her
discretion, need not comply with
subsection (2) if satisfied that -
(a) the water allocation to
which the proposed
variation relates would be
solely for stock or
domestic use, or a
combination of those
uses; and
(b) the maximum daily
quantity of water taken
under the proposed
variation would be less
than 0.01 megalitres; and
(c) the taking of the water
allocation would not have
a significant effect on
other users of water or the
environment.
38. Section 73 amended (Approval of application to
vary licence)
Section 73(1) of the Principal Act is amended as
follows:
(a) by omitting "that" first occurring and
substituting "if satisfied that the
variation";
29
Water Legislation Amendment Act 2008
Act No. of
s. 39 Part 2 - Water Management Act 1999 Amended
(b) by omitting from paragraph (c)
"reasonably".
39. Section 77 substituted
Section 77 of the Principal Act is repealed and
the following section is substituted:
77. Surrender of licences
(1) Subject to subsection (2), a licensee may
surrender his or her licence at any time
by giving the Minister written notice to
that effect.
(2) However, if the register includes a
notation that a person has a financial
interest in the licence or a water
allocation of the licence, the surrender is
not effective unless it has the written
consent of that person.
(3) On the surrender, a water allocation of
the licence vests in the Minister.
40. Section 78 repealed
Section 78 of the Principal Act is repealed.
41. Section 80 substituted
Section 80 of the Principal Act is repealed and
the following section is substituted:
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Water Legislation Amendment Act 2008
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80. Renewal of licences
(1) The Minister must renew a licence that is
otherwise about to expire if satisfied
that -
(a) the licensee has paid the
prescribed licence renewal fee, if
any; and
(b) the licensee has paid all previous
fees and charges payable in
respect of the licence; and
(c) the licensee has complied with
the conditions of the licence
during its current term; and
(d) the licensee is not disqualified
from holding the licence; and
(e) the renewal is not inconsistent
with the objectives of this Act or
any relevant water management
plan.
(2) If the Minister is not satisfied as required
under subsection (1), the Minister may -
(a) renew the licence subject to any
conditions the Minister thinks fit;
or
(b) refuse to renew the licence.
(3) If subsection (2)(b) applies, the Minister
is to notify the licensee as soon as
practicable of -
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(a) the refusal; and
(b) the reasons for the refusal.
42. Section 87 amended (Re-allocation of water)
Section 87 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (a) in subsection (1):
(ab) has vested in the Minister on the
surrender of the licence on which
it was endorsed; or
(b) by omitting paragraph (c) from
subsection (2) and substituting the
following paragraph:
(c) thirdly, in discharging any
liability of the former licensee
that is secured by a financial
interest in the licence, or the
water allocation, noted in the
register;
43. Section 90 substituted
Section 90 of the Principal Act is repealed and
the following sections are substituted:
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90. Temporary water allocations
(1) An authorised officer may, subject to this
section -
(a) permit a person to take water
from a water resource for a
limited period; or
(b) permit a class of persons to take
water from a water resource in a
particular way.
(2) The permission may be granted
unconditionally or on such conditions as
the authorised officer thinks fit having
regard to the objectives of this Act.
(3) However, the permission may only be
granted if the authorised officer is
satisfied that the taking of the water
would -
(a) be consistent with any relevant
water management plan; and
(b) not adversely affect the taking of
water by other persons with a
right to take water from the water
resource; and
(c) not cause material environmental
harm or serious environmental
harm.
(4) Also, in the case of water from a water
resource within a hydro-electric district,
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Water Legislation Amendment Act 2008
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the permission may only be granted with
the agreement of the relevant electricity
entity, which agreement -
(a) may be given subject to
reasonable conditions; but
(b) is not to be unreasonably
withheld.
(5) If subsection (4)(a) applies, the
electricity entity's conditions are to be
made conditions of the permission.
(6) The permission is to be granted -
(a) for subsection (1)(a), by
individual notice in writing; and
(b) for subsection (1)(b), by general
notice published in a local
newspaper or such other means as
the authorised officer thinks fit.
(7) The Minister may give an authorised
officer directions as to the exercise of
powers under this section and the
authorised officer must comply with
those directions.
(8) If a fee is prescribed for the purposes of
subsection (1)(a), a person is not eligible
to be granted a permission under that
subsection unless that fee has been paid.
(9) A person who has permission to take
water from a water resource for a limited
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period under this section may, without
further authority, take that water under
and in accordance with the conditions, if
any, of that permission.
(10) A person belonging to a class of persons
that has permission to take water from a
water resource in a particular way under
this section may, without further
authority, take that water under and in
accordance with the conditions, if any, of
that permission.
(11) A person must not -
(a) take water from a water resource
in contravention of a permission
under this section; or
(b) contravene any condition of a
permission under this section.
Penalty: Fine not exceeding 500 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 50 penalty units for
each day during which the
offence continues.
(12) In this section -
"limited period" means a period not
exceeding 6 months.
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90A. Short-term water allocations
(1) To alleviate a significant but temporary
water shortage, the Minister may
authorise either or both of the following
things:
(a) the short-term taking of water by
any person adversely affected by
the shortage;
(b) the short-term transfer of a water
allocation from any person to a
person adversely affected by the
shortage.
(2) The authorisation may be granted on
such conditions as the Minister thinks fit
having regard to the objectives of this
Act and any relevant water management
plan.
(3) Without limiting the Minister's
discretion under subsection (1), the
conditions may impose time restrictions
on the granting of any subsequent
authorisation.
(4) In this section -
"short-term" means for a period not
exceeding 7 days.
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44. Section 94 amended (Restrictions on taking of
water)
Section 94(2) of the Principal Act is amended as
follows:
(a) by omitting "Where there is no" and
substituting "Except as may be otherwise
provided by a";
(b) by inserting in paragraph (a)(i) "public
health purposes," after "purposes,";
(c) by omitting from paragraph (a)(iii) "of
councils to take water as";
(d) by inserting the following subparagraph
after subparagraph (iii) in paragraph (a):
(iv) other allocations, where the
surety attaching to those
allocations in accordance with
section 59 is of the highest class;
and
45. Section 95 amended (Transfer of licences and water
allocations)
Section 95 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsections:
(1) The holder of a licence or a
person entitled under
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section 106(7) may, subject to
this Division and the conditions
of the licence, transfer -
(a) the licence (including any
water allocation of the
licence); or
(b) a water allocation of the
licence.
(1A) However, a transfer under
subsection (1) requires and is
ineffective without the Minister's
approval unless, in the case of
subsection (1)(b), the Minister is
the transferee.
(b) by omitting subsection (5) and
substituting the following subsection:
(5) Where a transfer under this
section is for a limited period, the
transfer is to be effected by a
Ministerial endorsement on the
transferring and receiving
licences.
(c) by omitting subsection (6).
46. Section 97 amended (Application for transfer of
licence or water allocation)
Section 97 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
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(1) An application to the Minister for
approval of the transfer of a licence or
for the variation of a licence on the
transfer of a water allocation must be in
accordance with section 12A.
47. Sections 97A and 98 substituted
Sections 97A and 98 of the Principal Act are
repealed and the following sections are
substituted:
97A. Transfers to or from tributaries
When a water allocation is transferred,
the Minister may approve the variation or
transfer of a licence if -
(a) the water resource specified in
the licence is a watercourse; and
(b) the transfer of the water
allocation will result in -
(i) water being transferred
from that watercourse to
one of its tributaries; or
(ii) water being transferred to
that watercourse from one
of its tributaries.
98. Refusal of application for transfer
(1) The Minister may refuse an application
for the transfer of a licence or water
39
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allocation of a licence if reasonably
satisfied that -
(a) the transfer would be inconsistent
with the objectives of this Act or
any relevant water management
plan; or
(b) the transfer would have a
significant adverse impact on any
licensee or a person taking water
under Part 5; or
(c) the proposed taking or use of
water would or might contravene
the EMPC Act.
(2) The Minister may also refuse an
application for the transfer of a licence or
water allocation of a licence if the
proposed transferor or transferee -
(a) has been convicted of an offence
against this Act; or
(b) has accepted an infringement
notice; or
(c) has not paid any fee or other
amount payable under this Act.
48. Section 102 repealed
Section 102 of the Principal Act is repealed.
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49. Section 103 amended (Temporary transfers)
Section 103 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "in an
approved form";
(b) by omitting subsection (2) and
substituting the following subsections:
(2) The application must be in
accordance with section 12A.
(2A) Section 95(4) does not apply to
the application.
(c) by omitting from subsection (3)
"significant" and substituting "serious";
(d) by inserting the following subsection
after subsection (5):
(5A) If subsection (5) applies, the
Minister is to notify the applicant
as soon as practicable of -
(a) the refusal; and
(b) the reasons for the refusal.
50. Section 104 amended (Consent of parties with
financial interest)
Section 104 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
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Water Legislation Amendment Act 2008
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(2) However, subsection (1) does not apply
to -
(a) a temporary transfer under
section 103; or
(b) a transfer under section 95 for a
period of less than 12 months if,
after that period, the licence or, as
the case may be, the full or partial
water allocation is intended to be
transferred back to the licensee
who, but for this subsection,
would be required to provide the
written evidence of consent to the
Minister; or
(c) a transfer where the transferor
and the transferee are the same
person.
51. Section 106 amended (Cancellation, &c., of licence
on conviction for offence)
Section 106 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)
"written";
(b) by omitting from subsection (3)
"written";
(c) by omitting from subsection (4)
"written";
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(d) by omitting from subsection (5) ", in
writing,";
(e) by omitting from subsection (7) "a
transfer of" and substituting "approval to
transfer";
(f) by omitting subsection (8) and
substituting the following subsection:
(8) A notice required to be given to a
person under subsection (2), (3),
(4) or (5) may be given to the
person in writing or, if the
person's whereabouts are
unknown, given by means of a
notice in the Gazette or a local
newspaper, or both.
52. Section 111 amended (Surety of special licences)
Section 111(1)(c) of the Principal Act is
amended by omitting "of councils to take water
as".
53. Section 115 amended (Grant of special licences)
Section 115 of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
(5) An application under this section must be
in accordance with section 12A.
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54. Section 121 amended (Transfer of water allocations)
Section 121(9) of the Principal Act is amended
by omitting "for the purposes of the Rules
Publication Act 1953".
55. Part 6A inserted
After section 123 of the Principal Act, the
following Part is inserted:
PART 6A - AUTHORITY TO CONVEY WATER VIA
WATERCOURSE
123A. Watercourse authority
A person must not convey, via a
watercourse, water that has been taken
and stored pursuant to this Act or the
special Act unless -
(a) the person holds an authority (in
this Part referred to as a
"watercourse authority")
authorising the person to convey
that water via that watercourse;
and
(b) that water is conveyed in
accordance with that watercourse
authority.
Penalty: Fine not exceeding 500 penalty
units and, in the case of a
continuing offence, a further fine
44
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not exceeding 50 penalty units for
each day during which the
offence continues.
123B. Application for watercourse authority
(1) An application for a watercourse
authority is to be made to the Minister.
(2) The application must be in accordance
with section 12A.
(3) The Minister, by notice, may require the
applicant to take or arrange for the taking
of a specified action at the applicant's
expense if the Minister reasonably
considers that the action is critical to a
proper consideration of the application.
123C. Determination of application
(1) Subject to subsection (2), after
considering an application for a
watercourse authority the Minister may -
(a) approve the application; or
(b) refuse the application.
(2) The application must be approved if the
Minister is reasonably satisfied that
issuing the watercourse authority -
(a) would be consistent with the
objectives of this Act and any
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relevant water management plan;
and
(b) would not result in material or
serious environmental harm or
environmental nuisance; and
(c) would not have a significant
adverse impact on other persons
taking water from the relevant
water resource or on the
commercial operations of a major
user of water from that water
resource; and
(d) would not adversely impact on
public safety.
(3) If subsection (1)(b) applies, the Minister
is to notify the applicant as soon as
practicable of -
(a) the refusal; and
(b) the reasons for the refusal.
123D. Issue of watercourse authority
(1) Within 7 days after approving an
application for a watercourse authority,
the Minister is to -
(a) notify the applicant of the
approval; and
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(b) issue the applicant with the
authority.
(2) The watercourse authority is to be in
approved form and may be issued on
such conditions as the Minister thinks fit.
(3) Without limiting the Minister's
discretion, the conditions of the
watercourse authority may include
conditions to -
(a) ensure that water demand under
the watercourse authority does
not exceed the availability of
water in the relevant water
resource; and
(b) reflect expected losses to the
relevant water resource from
evaporation or other causes as
water is conveyed under the
watercourse authority; and
(c) reflect the terms on which water
is to be released and taken under
the watercourse authority or any
other authorisation; and
(d) ensure that the watercourse
authority does not have a
significant adverse impact on
other water users; and
(e) ensure that the watercourse
authority does not cause material
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or serious environmental harm;
and
(f) provide for the variation of the
watercourse authority (including
the circumstances in which it may
occur and the procedures for
effecting it).
123E. Nature of watercourse authority
(1) A watercourse authority -
(a) authorises the person to whom it
is issued to convey via a
watercourse, in accordance with
the conditions of the watercourse
authority, water that has been
taken and stored under and
pursuant to this Act or the special
Act; and
(b) unless sooner cancelled or
surrendered and subject to the
payment of any prescribed fees,
continues in force for the period
specified in the watercourse
authority; and
(c) is not renewable or transferable.
(2) To avoid doubt, a watercourse authority
may be issued to and held by -
(a) a corporation; or
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(b) an individual; or
(c) a group of individuals in
common; or
(d) a water entity.
(3) If subsection (2)(c) applies, the liability
of the individuals under the watercourse
authority is joint and several.
(4) The holder of a watercourse authority
may surrender it at any time by giving
the Minister written notice to that effect.
(5) A watercourse authority has no surrender
value.
(6) The holder of a watercourse authority
must produce the authority for inspection
if required to do so by an authorised
officer.
Penalty: Fine not exceeding 10 penalty
units.
123F. Cancellation or suspension of watercourse
authority
(1) The Minister may cancel or suspend a
watercourse authority if satisfied that -
(a) the holder of the watercourse
authority has contravened the
conditions of the watercourse
authority in a material way or has
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Water Legislation Amendment Act 2008
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caused or allowed another person
to do so; or
(b) where the holder of the
watercourse authority has been
convicted of an offence under
section 123A, the offence
resulted in material
environmental harm or serious
environmental harm or had a
significant adverse impact on
other water users; or
(c) the holder of the watercourse
authority has committed, or
caused or allowed another person
to commit, an offence under the
EMPC Act that is in any way
related to the watercourse
authority; or
(d) the watercourse authority has
been shown, in practice, to be
having a significant adverse
impact on other water users or the
environment; or
(e) the relevant watercourse has
become, for any reason,
unsuitable for conveying water;
or
(f) no use is being made of the
watercourse authority; or
(g) the holder of the watercourse
authority has failed to pay, when
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required to do so, a fee prescribed
pursuant to section 123E(1)(b); or
(h) the holder of the watercourse
authority has committed, or
caused or allowed another person
to commit, an offence under
section 283 that is in any way
related to the watercourse
authority.
(2) The cancellation or suspension takes
effect when the holder of the watercourse
authority is given notice of it by the
Minister or on such later date as the
Minister, by the notice, specifies.
(3) The notice of cancellation or suspension
is to -
(a) specify the reasons for the
cancellation or suspension; and
(b) specify, for a suspension, the
term of suspension.
(4) The Minister may revoke the suspension
of a watercourse authority at any time.
(5) A watercourse authority is of no effect
while it is suspended.
(6) In this section -
"allow" includes -
(a) consciously or carelessly ignore;
and
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(b) knowingly acquiesce.
123G. Exemptions
(1) The Minister may, by order, declare that
this Part does not apply to a water entity
specified in the order.
(2) The order is a statutory rule.
56. Section 124 substituted
Section 124 of the Principal Act is repealed and
the following section is substituted:
124. Application of Division
(1) The Minister may, by order, declare that
this Division does not apply to a well or
well works, or to a class of wells or well
works, specified in the order.
(2) The order is a statutory rule.
57. Section 124A amended (Appointment of
groundwater area)
Section 124A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"published in the Gazette";
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(b) by inserting the following subsection
after subsection (1):
(1A) The order is a statutory rule.
(c) by omitting from subsection (2)(d)
"considers expedient to give effect to the
objectives of this Act" and substituting
"thinks fit".
58. Section 124B amended (Notice of appointment of
groundwater area)
Section 124B(2)(a) of the Principal Act is
amended by omitting "considers desirable for the
purposes of this Act" and substituting "thinks
fit".
59. Section 125 repealed
Section 125 of the Principal Act is repealed.
60. Section 126 amended (Well orders)
Section 126 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Division" and substituting "Part";
(b) by omitting from subsection (1)(h)
"order." and substituting "order;";
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(c) by inserting the following paragraph after
paragraph (h) in subsection (1):
(i) to discontinue any well works,
either permanently or for a period
specified in the order.
(d) by omitting from subsection (3)(b)
"within the meaning of the Rules
Publication Act 1953." and substituting
"; and";
(e) by inserting the following paragraph after
paragraph (b) in subsection (3):
(c) prevails, to the extent of any
inconsistency, over any
authorisation.
61. Section 130 substituted
Section 130 of the Principal Act is repealed and
the following section is substituted:
130. Application of Division
(1) The Minister may, by order, declare that
this Division or a provision of this
Division does not apply to a well or well
works, or to class of wells or well works,
specified in the order.
(2) The order is a statutory rule.
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62. Part 7, Divisions 3 and 4 inserted
After section 134 of the Principal Act, the
following Divisions are inserted in Part 7:
Division 3 - Well works
135. Causing well works to be undertaken
(1) A person must not cause any well works
to be undertaken unless -
(a) the person holds a permit (in this
Division called a "well works
permit") authorising the well
works; or
(b) by virtue of an order under
section 135H, the well works do
not require a well works permit.
Penalty: Fine not exceeding 200 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 20 penalty units for
each day during which the
offence continues.
(2) A person who is causing any well works
to be undertaken under the authority of a
well works permit must ensure that the
well works are undertaken in accordance
with that permit.
Penalty: Fine not exceeding 200 penalty
units and, in the case of a
continuing offence, a further fine
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not exceeding 20 penalty units for
each day during which the
offence continues.
135A. Application for well works permit
(1) An application for a well works permit is
to be made to the Minister.
(2) The application must -
(a) be in accordance with
section 12A; and
(b) if the applicant is not the owner
of the land on which the well
works would be undertaken, be
supported by evidence that the
owner consents to the making of
the application.
135B. Determination of application
(1) Subject to subsection (2), after
considering an application for a well
works permit the Minister may -
(a) approve the application; or
(b) refuse the application.
(2) The application must be approved if the
Minister is reasonably satisfied that the
proposed well works -
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(a) would be consistent with the
objectives of this Act, any
relevant water management plan
and any relevant order under
section 124A; and
(b) would not result in material or
serious environmental harm or
environmental nuisance; and
(c) would not adversely impact on a
groundwater monitoring bore;
and
(d) would not damage or adversely
impact on property owned by a
third party; and
(e) would not adversely impact on
public safety; and
(f) would not adversely impact on
other persons taking water from
the relevant water resource or any
hydrologically linked water
resource.
(3) If subsection (1)(b) applies, the Minister
is to notify the applicant as soon as
practicable of -
(a) the refusal; and
(b) the reasons for the refusal; and
(c) any rights of review or appeal
under Part 14.
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135C. Issue of well works permit
(1) Within 7 days after approving an
application for a well works permit, the
Minister is to -
(a) notify the applicant of the
approval; and
(b) issue the applicant with the
permit.
(2) The well works permit -
(a) is to be in an approved form; and
(b) may be issued on such conditions
as the Minister thinks fit having
regard to the objectives of this
Act.
(3) If the well works permit is issued on
conditions, the notice under
subsection (1)(a) is to advise of any
rights of review or appeal under Part 14.
(4) The holder of a well works permit must
not contravene a condition of the permit.
Penalty: Fine not exceeding 50 penalty
units.
135D. Nature of well works permit
(1) A well works permit authorises its holder
to cause the well works specified in the
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permit to be undertaken in accordance
with the permit.
(2) A well works permit -
(a) takes effect on such day as the
Minister specifies in the permit;
and
(b) unless sooner cancelled or
surrendered, remains in force for
a 2-year period commencing on
that day; and
(c) is not renewable but may, at the
written request of the permit
holder made no later than 30 days
before the permit expires, be
extended by the Minister for one
further period not exceeding 12
months if the Minister is still
satisfied as to the matters set out
in section 135B(2) in respect of
the relevant well works.
(3) The holder of a well works permit may
surrender it at any time by giving the
Minister written notice to that effect.
(4) A well works permit has no surrender
value.
(5) The holder of a well works permit must
produce the permit for inspection if
required to do so by an authorised
officer.
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Penalty: Fine not exceeding 10 penalty
units.
135E. Permit may enure for benefit of owner
A well works permit may be assigned so
as to enure for the benefit of the owner of
the relevant land from time to time.
135F. Variation of well works permit
(1) The Minister may vary a well works
permit on his or her own motion at any
time if, after consulting the permit
holder, the Minister is reasonably
satisfied that the variation is necessary to
ensure that the permit -
(a) is consistent with the objectives
of this Act, any relevant water
management plan and any
relevant order under
section 124A; or
(b) will not result in material or
serious environmental harm or
environmental nuisance; or
(c) will not adversely impact on a
groundwater monitoring bore; or
(d) will not damage or adversely
impact on property owned by a
third party; or
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(e) will not adversely impact on
public safety; or
(f) will not adversely impact on
other persons taking water from
the relevant water resource or any
hydrologically linked water
resource.
(2) The Minister may also vary a well works
permit consequent on an application
made by the permit holder -
(a) in accordance with section 12A;
and
(b) with the consent of the owner of
the relevant land (if the owner is
a person other than the permit
holder).
(3) Subject to subsection (4), the Minister
may -
(a) approve the application; or
(b) refuse the application.
(4) The application must be approved if the
Minister is reasonably satisfied that the
permit as proposed to be varied -
(a) would be consistent with the
objectives of this Act, any
relevant water management plan
and any relevant order under
section 124A; and
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(b) would not result in material or
serious environmental harm or
environmental nuisance; and
(c) would not adversely impact on a
groundwater monitoring bore;
and
(d) would not damage or adversely
impact on property owned by a
third party; and
(e) would not adversely impact on
public safety; and
(f) would not adversely impact on
other persons taking water from
the relevant water resource or any
hydrologically linked water
resource.
(5) The variation of a well works permit
under this section takes effect when the
holder of the permit is given notice of it
or on such later date as the Minister, by
the notice, specifies.
(6) If the variations are substantially
different to those that the holder of the
permit has agreed to in consultations
under subsection (1) or applied for under
subsection (2), the notice of variation is
to advise of any rights of review or
appeal under Part 14.
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(7) The Minister, on varying a well works
permit may issue a fresh form of the
permit to reflect the variation.
(8) If subsection (3)(b) applies, the Minister
is to notify the applicant as soon as
practicable of -
(a) the refusal; and
(b) the reasons for the refusal; and
(c) any rights of review or appeal
under Part 14.
135G. Cancellation or suspension of well works
permit
(1) The Minister may cancel or suspend a
well works permit if satisfied that -
(a) the holder of the permit has
contravened the conditions of the
permit in a material or repeated
way; or
(b) the holder of the permit has
committed an offence against
section 135 or Division 2; or
(c) the holder of the permit has
caused or allowed the specified
well works to be physically
undertaken by a person who is
not authorised by or under this
Act to undertake those works; or
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(d) the holder of the permit has
committed an offence against
section 283 in any way related to
the permit; or
(e) the holder of the permit has
committed an offence under the
EMPC Act in any way related to
the permit; or
(f) work undertaken in accordance
with the permit has been shown,
in practice, to be having a
significant adverse impact on
other water users or the
environment.
(2) The cancellation or suspension takes
effect on such date as is specified for that
purpose in the notice required to be
served under section 271(2) on the holder
of the permit.
(3) The notice of cancellation or suspension
is to -
(a) specify the reasons for the
cancellation or suspension; and
(b) specify, for a suspension, the
term of suspension and what
needs to be done to revoke the
suspension; and
(c) advise of any rights of review or
appeal under Part 14.
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(4) The Minister may revoke the suspension
of a well works permit at any time.
(5) A well works permit is of no effect while
it is suspended.
135H. Exemptions
(1) The Minister may, by order, declare that
a well works permit is not required for
well works or a class of well works
specified in the order.
(2) The order is a statutory rule.
(3) For the purposes of subsection (1), and
without limiting the Minister's
discretion, well works may be classified
by reference to any or any combination
of the following criteria:
(a) their purpose;
(b) their location;
(c) the amount of groundwater to be
taken;
(d) their scale, design or method or
time of construction;
(e) their undertaker.
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Division 4 - Well driller's licences
136. Interpretation of Division
In this Division -
"class", of well driller's licence,
means a class prescribed by the
regulations;
"employee" includes a contractor,
whether independent or
otherwise;
"endorsement", on a well driller's
licence, means an endorsement
prescribed by the regulations;
"on-site supervision", of well works,
means close regular personal
supervision at the site of those
works;
"qualified" means qualified by
education, training or experience
(or any combination thereof).
136A. Undertaking well works
(1) A person must not physically undertake
well works unless the person -
(a) holds a licence (in this Division
called a "well driller's licence");
or
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(b) is an employee of, and working
under the on-site supervision of, a
person referred to in
paragraph (a).
Penalty: Fine not exceeding 200 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 20 penalty units for
each day during which the
offence continues.
(2) The holder of a well driller's licence
must not undertake well works of any
kind unless -
(a) the licence is of a class that
authorises its holder to undertake
well works of that kind; or
(b) undertaking those well works of
that kind is authorised by an
endorsement on the licence.
Penalty: Fine not exceeding 200 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 20 penalty units for
each day during which the
offence continues.
(3) This section does not apply to or in
respect of well works to which
section 136J applies.
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136B. Application for well driller's licence
(1) An application for a well driller's licence
is to be made to the Minister.
(2) The application -
(a) may only be made by an
individual; and
(b) must be in accordance with
section 12A; and
(c) may specify which class of
licence is sought; and
(d) may specify which endorsements
are sought.
136C. Determination of application
(1) After considering an application for a
well driller's licence, the Minister may -
(a) approve the application as
submitted; or
(b) if the applicant agrees, approve
the application as if it were for a
licence of a class lower than that
actually applied for; or
(c) refuse the application.
(2) However, the Minister must not approve
the application unless satisfied that -
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(a) the applicant is qualified to
physically undertake well works
of the relevant class; and
(b) any endorsements sought by the
applicant are appropriate for the
class of licence and that the
applicant is qualified to employ
the drilling methods to which the
endorsements relate; and
(c) the applicant has no convictions
for offences of a serious kind
against this Part or for offences
against section 283; and
(d) the applicant has or satisfies any
prescribed competencies; and
(e) if the applicant has held another
well driller's licence, no more
than the prescribed number of
demerit points were allocated to it
under Division 2 of Part 13.
(3) If subsection (1)(c) applies, the Minister
is to notify the applicant as soon as
practicable of -
(a) the refusal; and
(b) the reasons for the refusal; and
(c) any rights of review or appeal
under Part 14.
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136D. Issue of well driller's licence
(1) Within 7 days after approving an
application for a well driller's licence,
the Minister is to -
(a) notify the applicant of the
approval; and
(b) issue the applicant with the
licence.
(2) The well driller's licence -
(a) is to be in an approved form; and
(b) may be issued on such conditions
and with such endorsements as
the Minister thinks fit having
regard to any prescribed matters.
(3) If the well driller's licence is issued on
conditions, the notice under
subsection (1)(a) is to advise of any
rights of review or appeal under Part 14.
(4) The holder of a well driller's licence
must not contravene a condition of the
licence.
Penalty: Fine not exceeding 50 penalty
units.
136E. Nature of well driller's licence
(1) A well driller's licence of any class -
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(a) authorises its holder to physically
undertake well works in
accordance with the licence; and
(b) unless sooner cancelled or
surrendered, remains in force for
a 5-year period commencing on
the day on which it is issued and
is renewable; and
(c) is not transferable.
(2) The holder of a well driller's licence may
surrender it at any time by giving the
Minister written notice to that effect.
(3) A well driller's licence has no surrender
value.
(4) The holder of a well driller's licence
must produce the licence for inspection if
required to do so by an authorised
officer.
Penalty: Fine not exceeding 10 penalty
units.
136F. Renewal of licences
(1) The Minister must renew a well driller's
licence that is otherwise about to expire
if satisfied that the licensee -
(a) has paid a prescribed licence
renewal fee; and
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(b) has paid all fees and charges
payable under the licence; and
(c) has complied with the licence
during the expiring term; and
(d) has or satisfies any prescribed
competencies.
(2) If the Minister is not satisfied as required
under subsection (1), the Minister may -
(a) refuse to renew the licence; or
(b) renew the licence subject to
conditions.
(3) If the licence is renewed, with or without
conditions, the Minister is to notify the
licensee accordingly.
(4) If the licence is renewed, it must be
renewed for a 5-year period unless -
(a) the licensee requests a shorter
term; or
(b) by reason of special or changed
circumstances, the Minister
determines that the renewal
should be for a shorter term.
(5) If subsection (2)(a) applies, the Minister
is to notify the licensee as soon as
practicable of -
(a) the refusal; and
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(b) the reasons for the refusal; and
(c) any rights of review or appeal
under Part 14.
136G. Continuation of expiring licence
(1) This section applies if, immediately
before a well driller's licence is due to
expire (that licence being referred to in
this section as "the expiring licence") -
(a) the licensee has paid the
prescribed licence renewal fee;
and
(b) the licensee has not been given
notice under section 136F that the
Minister has renewed or refused
to renew the expiring licence.
(2) The expiring licence continues in force
until such time as the licensee is so
notified.
136H. Variation of well driller's licence
(1) The Minister may vary a well driller's
licence at any time.
(2) The variation may be effected -
(a) on the Minister's own motion
after consulting the licensee; or
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(b) consequent on an application
made by the licensee.
(3) For the purposes of subsection (2)(b), the
application must -
(a) be in accordance with
section 12A; and
(b) specify, if applicable, any other
class of licence sought; and
(c) specify, if applicable, any
additional endorsements sought.
(4) The Minister may -
(a) approve the application; or
(b) if the applicant agrees, approve
the application as if it were for
variations of a more limited kind
than those actually applied for; or
(c) refuse the application.
(5) However, the Minister must not approve
the application unless he or she is
reasonably satisfied that -
(a) the applicant is, if applicable,
qualified to physically undertake
well works of the relevant class;
and
(b) any additional endorsements are
appropriate for the class of
licence and the applicant is
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qualified to employ the drilling
methods to which the
endorsements relate; and
(c) the applicant has no convictions
for offences of a serious kind
against this Part or for offences
against section 283; and
(d) the applicant has or satisfies any
prescribed competencies; and
(e) under Division 2 of Part 13, no
more than the prescribed number
of demerit points have been
allocated to the licence.
(6) If subsection (4)(c) applies, the Minister
is to notify the licensee as soon as
practicable of -
(a) the refusal; and
(b) the reasons for the refusal; and
(c) any rights of review or appeal
under Part 14.
(7) The variation of a well driller's licence
under this section takes effect when the
licensee is given notice of it or on such
later date as the Minister, by the notice,
specifies.
(8) The Minister, on varying a well driller's
licence may issue a fresh form of the
licence to reflect the variations.
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136I. Cancellation or suspension of well driller's
licence
(1) The Minister may cancel or suspend a
well driller's licence if -
(a) the Minister is satisfied that the
licensee has contravened the
conditions of the licence in a
material or repeated way; or
(b) the licensee has been convicted of
an offence against section 136A
or Division 2; or
(c) the licensee has knowingly
undertaken well works that are in
contravention of section 135; or
(d) the licensee has been convicted of
an offence against section 283 in
any way related with the licence;
or
(e) under Division 2 of Part 13, more
than the prescribed number of
demerit points have been
allocated to the licence.
(2) The cancellation or suspension takes
effect on such date as is specified for that
purpose in the notice required to be
served under section 271(2) on the
licensee.
(3) The notice of cancellation or suspension
is to -
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(a) specify the reasons for the
cancellation or suspension; and
(b) specify, for a suspension, the
term of suspension.
(4) The Minister may revoke the suspension
of a well driller's licence at any time.
(5) Except for the purposes of renewal, a
well driller's licence is of no effect while
it is suspended.
(6) A person whose well driller's licence has
been cancelled under this section must
return it to the Minister within 30 days
after being given notice of the
cancellation.
Penalty: Fine not exceeding 5 penalty
units.
136J. Exemptions
(1) The Minister, by order, may exempt
specific well works or any category of
well works from the operation of this
Division.
(2) The order is a statutory rule.
(3) For the purposes of subsection (1), and
without limiting the Minister's
discretion, a category of well works may
be exempted by reference to any or any
combination of the following criteria:
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(a) their purpose;
(b) their location;
(c) the amount of groundwater to be
taken;
(d) their scale, design or method or
time of construction;
(e) their undertaker.
63. Section 137 amended (Application of this Part)
Section 137 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)
"published in the Gazette";
(b) by inserting the following subsection
after subsection (2):
(3) The order is a statutory rule.
64. Section 139 amended (Members of Assessment
Committee)
Section 139 of the Principal Act is amended by
omitting subsection (7) and substituting the
following subsections:
(7) If a body referred to in subsection (2)(c),
(d) or (e) changes its name or ceases to
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exist, the Minister, by order, may amend
that subsection as the case requires by -
(a) substituting the body's new
name; or
(b) substituting the name of a body
that, in the reasonable opinion of
the Minister, represents
substantially the same interests as
the body that has ceased to exist.
(8) The order is a statutory rule.
65. Section 143 amended (Functions of Assessment
Committee)
Section 143(c) of the Principal Act is amended
by inserting ", or what specified action is to be
taken," after "provided".
66. Section 146 amended (Permit to undertake dam
works)
Section 146 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "the
granting of";
(b) by omitting subsection (2) and
substituting the following subsection:
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(2) An application for a permit must
be in accordance with
section 12A.
(c) by omitting from subsection (4)(a)
"shows" and substituting "establishes";
(d) by omitting from subsection (4)(b)
"shows" and substituting "establishes".
67. Section 148 amended (Application by person other
than owner)
The penalty under section 148(3) of the Principal
Act is amended by omitting "20" and
substituting "50".
68. Section 152 amended (Referral to Director)
Section 152(2) of the Principal Act is amended
by inserting ", or take a specified action," after
"information".
69. Section 154 substituted
Section 154 of the Principal Act is repealed and
the following section is substituted:
154. Requirement for additional information or
action
(1) The Assessment Committee, by notice,
may require an applicant for a permit to
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provide it with additional information or
to take or arrange for the taking of a
specified action if the committee
reasonably considers that the information
or action is critical to a proper
consideration of the application.
(2) A notice under subsection (1) is to -
(a) inform the applicant that there is
a right of appeal under Part 14 in
respect of the notice; and
(b) be served on the applicant within
12 weeks after the day on which
the Assessment Committee
receives the application.
(3) However, before the period referred to in
subsection (2)(b) expires -
(a) the Minister, on the application of
the Assessment Committee, may
grant an extension of that period
for up to 6 weeks if satisfied that
special circumstances are
preventing the committee from
complying with that subsection;
or
(b) the Assessment Committee and
the applicant may agree in
writing to extend that period.
(4) Within 7 days after being notified of the
granting of an extension under
subsection (3)(a), the Assessment
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Committee is to give the applicant
written notice of the extension.
(5) If the Assessment Committee does not
serve any notices under subsection (1), it
is taken to have decided that it does not
require the applicant to provide
additional information or take a specified
action before it considers the application.
70. Section 155 amended (Provision of additional
information or taking of action)
Section 155 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) A notice under section 154(1)
may require that -
(a) additional information be
provided or verified by
specified persons or
provided in a special
format; or
(b) an action be taken
according to specified
instructions.
(b) by omitting from subsection (2) "The
information required under" and
substituting "Additional information
required pursuant to";
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(c) by inserting the following paragraph after
paragraph (g) in subsection (2):
(gaa) any survey, study or
investigation; or
(d) by omitting subsections (4), (5) and (6)
and substituting the following
subsections:
(4) If the Assessment Committee
reasonably considers that any
information or action required
pursuant to section 154(1) has a
public benefit -
(a) it may make a
recommendation to the
Minister on the sharing,
between the applicant and
any Agency, of the costs
of obtaining the
information or taking the
action; and
(b) on the basis of that
recommendation, the
Minister may determine
that an Agency is to pay a
share of those costs.
(5) However, if a determination
under subsection (3) relates to an
Agency administered by another
Minister, the relevant payment
requires the approval of that
Minister.
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(6) If an applicant for a permit does
not, to the Assessment
Committee's satisfaction, comply
with a notice under
section 154(1) within 2 years
after the date of the notice -
(a) the application is taken to
have been withdrawn; and
(b) the Assessment
Committee need not take
any further action on the
application.
(e) by omitting from subsection (7) "The
Assessment Committee may extend the
time for providing the information
required under section 154(1)" and
substituting "However, the Assessment
Committee may extend the time for
complying with a notice under
section 154(1)";
(f) by omitting from subsection (7)(b)(i)
"flora, fauna" and substituting "natural
values";
(g) by omitting from subsection (8) "If" and
substituting "Also, if".
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71. Section 155A amended (Supplementary
information)
Section 155A of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(a) "or to
take or arrange for the taking of a
specified action" after "information";
(b) by omitting from subsection (2) "the
additional information" and substituting
"the required additional information or
the completion of the required action";
(c) by inserting in subsection (2) "or to take
or arrange for the taking of any
supplementary actions" after
"supplementary information";
(d) by omitting from subsection (3) "A" and
substituting "The";
(e) by omitting subsection (4) and
substituting the following subsection:
(4) If the applicant fails to comply
with the notice under
subsection (2) within 2 years after
the date on which it is served -
(a) the application for the
permit is taken to have
been withdrawn; and
(b) the Assessment
Committee is not required
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to take any further action
on the application.
72. Section 155B inserted
After section 155A of the Principal Act, the
following section is inserted in Division 4:
155B. Amendment of application
(1) An applicant for a permit may, in
writing, request the Assessment
Committee to amend the application for
the permit in respect of a prescribed
particular.
(2) Section 12A applies to the request as if it
were an application.
(3) The Assessment Committee, in its
discretion, may agree to and action the
request if -
(a) the application is still under
consideration; and
(b) the committee is reasonably
satisfied that amending the
application would not -
(i) vitiate any relevant
determination of the
Board or the Director of
Inland Fisheries; or
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(ii) adversely impact on other
users of water or on land
or property of other
persons; or
(iii) adversely impact on the
environment, having
particular regard to the
conservation and
protection of natural
values and cultural
heritage; or
(iv) be contrary to any
prescribed matter relating
to dam safety; and
(c) the request has been made with
the permission of the owner of
the land in respect of which the
permit is required (if not the
applicant).
(4) If the Assessment Committee agrees to
and actions the request, it must give the
following persons notice of its decision
and particulars of the amendment:
(a) the applicant;
(b) each person who has made a
representation under section 149
in respect of the application;
(c) the owner of the land in respect
of which the permit is required (if
not the applicant).
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(5) In this section -
"prescribed particular" means a
particular relating to the type,
size, location or purpose of dam
works.
73. Section 156 amended (Consideration of application)
Section 156 of the Principal Act is amended by
omitting paragraph (d) and substituting the
following paragraph:
(d) take into consideration any information
provided or actions taken pursuant to
section 154 or 155A; and
74. Section 157 amended (Granting of permit)
Section 157 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "On
receipt of" and substituting "After
considering";
(b) by omitting from subsection (4)(d)
"contrary to" and substituting
"inconsistent with".
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75. Section 159 amended (Time when permit takes
effect)
Section 159 of the Principal Act is amended as
follows:
(a) by inserting in subsection (9) "on the
application of the permit holder," after
"However,";
(b) by inserting the following subsection
after subsection (9):
(10) An application for an extension
under subsection (9) must be -
(a) in accordance with
section 12A; and
(b) made no later than one
month before the permit is
due to lapse.
76. Section 160 amended (Notification of decision)
Section 160(1) of the Principal Act is amended
by omitting "a decision" and substituting "any
decision".
77. Section 162 amended (Amendments of permits)
Section 162(2)(c) of the Principal Act is
amended by omitting "flora, fauna" and
substituting "natural values".
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78. Section 164 amended (Time limits for decision)
Section 164 of the Principal Act is amended as
follows:
(a) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraph:
(b) where the Committee has
required additional information or
the taking of a specified action
pursuant to section 154, 6 weeks
after that information is provided
or that action is taken to the
Committee's satisfaction; or
(b) by omitting paragraph (c) from
subsection (1);
(c) by omitting from subsection (6) "for
additional information" and substituting
"contained in a notice".
79. Section 165D amended (Inquiries as to dam safety)
Section 165D(2) of the Principal Act is amended
as follows:
(a) by omitting "order in writing" and
substituting "instrument in writing";
(b) by omitting "the order" and substituting
"that instrument".
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80. Section 167 amended (Establishment of water
districts)
Section 167(1) of the Principal Act is amended
by omitting ", by notice published in the
Gazette,".
81. Section 171 amended (Requirements for
application)
Section 171 of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) and
substituting the following paragraph:
(a) must be in accordance with
section 12A; and
(b) by omitting paragraph (f);
(c) by omitting from paragraph (h) "district;
and" and substituting "district.";
(d) by omitting paragraph (i).
82. Section 175 repealed
Section 175 of the Principal Act is repealed.
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83. Section 176 amended (Approval of application)
Section 176 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) The notice is not a statutory rule.
84. Section 178 amended (Amendment of approval)
Section 178(1) of the Principal Act is amended
by omitting "on the application" and substituting
"at the request".
85. Section 180 amended (Alteration of boundaries)
Section 180 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "on the
application of a responsible water entity
and by order" and substituting "at the
request of a responsible water entity and
by notice";
(b) by inserting the following subsection
after subsection (1):
(1A) The notice is not a statutory rule.
(c) by omitting from subsection (2)
"application" first occurring and
substituting "request";
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(d) by omitting from subsection (5) "order"
and substituting "notice".
86. Section 181 amended (Substitution of water entities)
Section 181 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "On a
joint application by 2 water entities or
by" and substituting "At the joint request
of 2 water entities or";
(b) by omitting from subsection (2)
"application" and substituting "request";
(c) by omitting from subsection (3) "approve
the application" and substituting "agree
to the request";
(d) by omitting from subsection (4)
"application" and substituting "request";
(e) by omitting from subsection (6)
"application" first occurring and
substituting "request";
(f) by inserting the following subsection
after subsection (6B):
(6C) The notice is not a statutory rule.
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87. Section 182 amended (Annual reports to Minister)
Section 182 of the Principal Act is amended by
inserting after subsection (3) the following
subsections:
(4) The Minister may give a responsible
water entity that has failed to comply
with this section a notice directing it to
provide the Minister with the required
report by or within such time as the
Minister, by the notice, specifies.
(5) A responsible water entity that is given a
Ministerial direction under subsection (4)
must comply with that direction.
Penalty: Fine not exceeding 50 penalty
units.
88. Section 186 amended (Revocation of approval for
water entity to administer a water district)
Section 186 of the Principal Act is amended as
follows:
(a) by omitting from subsection (4) "sees"
and substituting "thinks";
(b) by inserting the following subsection
after subsection (7):
(8) A notice under this section is not
a statutory rule.
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89. Section 188 amended (Revocation of appointment of
district)
Section 188 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) The notice is not a statutory rule.
90. Section 192 amended (Watercourses as water
supply channels)
Section 192 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1AA) The order is not a statutory rule.
(b) by inserting in subsection (5) ", or any
water allocation of a licence," after
"authorisation";
(c) by omitting from subsection (5)
"relevant" and substituting "specified";
(d) by inserting the following subsection
after subsection (5):
(5A) If subsection (5)(a) applies to the
order, the Minister may further
direct, by the same order, that any
registered financial interests in
the relevant authorisation, or the
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relevant water allocation, are to
attach to the irrigation right.
(e) by omitting subsection (9) and
substituting the following subsection:
(9) Where, in place of a right
affected by subsection (6) -
(a) the Minister grants an
authorisation to take
water under this Act; or
(b) a water entity grants an
irrigation right or
domestic purposes right
under the Irrigation
Clauses Act 1973 -
the value of the replacement
authorisation or right is to be
taken into account in assessing
the amount of any compensation
under that subsection.
91. Section 199 amended (Offences in connection with
water districts)
Section 199 of the Principal Act is amended by
omitting paragraph (c).
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92. Section 205 amended (Application to establish trust)
Section 205 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) The application -
(a) must be in accordance with
section 12A; and
(b) must include a copy of the rules
of the proposed trust conforming
to the prescribed requirements, if
any.
93. Section 206 amended (Approval of application)
Section 206 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "comply
with the requirements of clause 6A of
Schedule 3" and substituting "conform to
the prescribed requirements, if any";
(b) by omitting from subsection (2) "to give
effect to" second occurring.
94. Section 206A substituted
Section 206A of the Principal Act is repealed
and the following section is substituted:
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206A. Establishment of trust
(1) On approving an application under
section 205, the Minister -
(a) must approve the rules of the
trust; and
(b) must, by notice published in the
Gazette, establish and name the
trust and state the water district in
respect of which it is established;
and
(c) may give notice of the
establishment of the trust in any
newspaper.
(2) The notice under subsection (1)(b) -
(a) is to include particulars of any
determinations or requirements
under section 211; and
(b) is not a statutory rule.
(3) The Minister, at the written request of a
trust, may approve an alteration in the
rules of the trust if satisfied that the
alteration is consistent with this Act and
in accordance with the prescribed
requirements, if any.
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95. Section 211 substituted
Section 211 of the Principal Act is repealed and
the following section is substituted:
211. Constitution of trust
(1) A trust is to consist of a board of such
number of trustees as the Minister, by
instrument in writing, determines -
(a) on its establishment; or
(b) from time to time subsequent to
its establishment.
(2) In approving the establishment of a trust,
the following provisions apply
(according to circumstance):
(a) the Minister may require that one
or more of the trustees are to be
elected;
(b) if the trust is to be the responsible
water entity for an irrigation
district in which a water entity
administering a water supply
district has a right, under this Act
or a special Act, to take water for
domestic purposes from any
watercourse, or from any water
supply channel declared under
section 192, the Minister may
require that one or more of the
trustees be a nominee of that
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water entity appointed by the
Minister;
(c) if the trust is to be the responsible
water entity for a water district
containing Crown land or it is to
manage works owned by the
Crown, the Minister may, with
the agreement of the Minister
administering that land or those
works, require that one or more
of the trustees be appointed by
that Minister.
(3) The Minister, by order published in the
Gazette, may give such directions as are
necessary to reconstitute a trust following
a change in its constitution and, in
particular, may provide for the
retirement, election and term of office of
the trustees and the dates on which
provisions of the order are to take effect.
(4) The order is not a statutory rule.
(5) Nothing in this section affects the
operation of section 308.
96. Section 211A inserted
After section 211 of the Principal Act, the
following section is inserted in Division 1:
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211A. Trust elections
(1) An election to elect members of the
board of a trust is to be conducted by a
Returning Officer appointed for the
purpose by -
(a) for the initial election, the
Minister in consultation with the
Electoral Commissioner; or
(b) for any subsequent election, the
trust in consultation with the
Electoral Commissioner.
(2) The Returning Officer must be a person
who -
(a) has attained the age of 18 years;
and
(b) appears to the Minister or trust to
be capable of discharging the
functions of that office fairly and
responsibly; and
(c) is not eligible to vote in the
election in any capacity.
(3) The regulations may make provision for
and in relation to such elections and,
without limiting the generality of this,
may -
(a) specify which persons or classes
of persons are eligible to stand as
candidates, and to vote; and
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(b) authorise the Minister to appoint
persons to fill casual vacancies;
and
(c) provide for the payment,
repayment and recovery of
electoral costs; and
(d) provide for disputed returns and
for the resolution of such
disputes; and
(e) stipulate when the terms of office
of elected persons begin or end;
and
(f) confer functions on the Electoral
Commissioner or Returning
Officer.
(4) In this section -
"Electoral Commissioner" means the
Electoral Commissioner
appointed under section 14 of the
Electoral Act 2004.
97. Section 213 amended (Poll to be taken)
Section 213 of the Principal Act is amended by
omitting subsection (4) and substituting the
following subsection:
(4) The poll is to be taken as prescribed by
the regulations.
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98. Section 222 substituted
Section 222 of the Principal Act is repealed and
the following section is substituted:
222. Inspection of accounts
A person having the custody of any
accounts of a trust must, on demand by
the Minister or an elector of the trust,
permit the Minister or that elector to -
(a) inspect the accounts; or
(b) make copies of the accounts; or
(c) take extracts from the accounts.
Penalty: Fine not exceeding 5 penalty
units.
99. Sections 223, 224 and 225 substituted
Sections 223, 224 and 225 of the Principal Act
are repealed and the following section is
substituted:
223. Dissolution of trusts
(1) The Minister may, by order published in
the Gazette, dissolve a trust if the
Minister -
(a) has, under section 47 or 186,
revoked approval for the trust to
be a responsible water entity for
administering a water
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management plan or water
district; or
(b) is satisfied that the trust has
contravened the conditions to
which its administration of a
water management plan or water
district is subject; or
(c) is satisfied that the trust has been
guilty of serious neglect,
mismanagement or incompetence
in the discharge of its
responsibilities; or
(d) is satisfied that the trust's
administration of a water
management plan or water district
does not further the objectives of
this Act; or
(e) has received a written application
from the trust requesting its
dissolution.
(2) The order is not a statutory rule.
(3) Before dissolving a trust pursuant to
subsection (1)(e), the Minister is to -
(a) give notice of the trust's
application in the Gazette and in a
local newspaper; and
(b) by the notice, specify that any
persons who may be affected by
the proposed dissolution may
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make written representations to
the Minister in the matter within
such period of not less than 30
days as is specified in the notice;
and
(c) consider the representations, if
any, received in response to the
notice.
100. Section 226 amended (Effect of dissolution)
Section 226 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) The order is not a statutory rule.
101. Section 227 substituted
Section 227 of the Principal Act is repealed and
the following section is substituted:
227. Power of Minister to install meters, &c.
(1) To monitor the level, flow, quality or use
of water in a water resource, the Minister
may -
(a) install a meter; or
(b) by notice in writing, direct a
person taking water from the
water resource to install a meter;
or
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(c) notwithstanding any other
provision of this Act, impose
metering conditions on any
authorisation in respect of the
water resource.
(2) A direction or condition under
subsection (1)(b) or (c) may -
(a) require that a meter be of a
certain type or standard; and
(b) impose requirements in respect of
the installation process; and
(c) impose meter maintenance,
monitoring and security
requirements; and
(d) impose data recording and
reporting requirements; and
(e) impose such other requirements
as the Minister reasonably thinks
fit.
(3) A person who is given a direction under
subsection (1)(b) must comply with that
direction.
Penalty: Fine not exceeding 50 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 5 penalty units for
each day during which the
offence continues.
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(4) In this section -
"authorisation" includes a water
allocation on a licence.
102. Section 228 amended (Interference with meters)
Section 228(1) of the Principal Act is amended
by omitting "affixed" and substituting "that has
been installed in respect of a water resource".
103. Section 230 repealed
Section 230 of the Principal Act is repealed.
104. Section 231 amended (Power of Minister to charge
for meters)
Section 231(1) of the Principal Act is amended
by omitting "affixed" and substituting
"installed".
105. Sections 232, 233 and 234 repealed
Sections 232, 233 and 234 of the Principal Act
are repealed.
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106. Section 235 amended (Inspection and removal of
meters)
Section 235 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or
authorised person" after "officer";
(b) by omitting from subsection (1)
"belonging to the Minister";
(c) by inserting the following subsection
after subsection (2):
(3) In this section -
"authorised person" has the
same meaning as in
section 244.
107. Section 236 amended (Protection of meters)
Section 236 of the Principal Act is amended by
omitting "belonging to the Minister is installed"
and substituting "is installed pursuant to this
Act".
108. Section 244 amended (Entry on land for taking
measurements)
Section 244 of the Principal Act is amended as
follows:
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(a) by omitting "section." from paragraph (c)
of the definition of "authorised person"
in subsection (1) and substituting
"section;";
(b) by inserting the following definition after
the definition of "authorised person" in
subsection (1):
"general technical power" means a
power under section 240(a), (b),
(c), (d), (e), (f), (g), (i), (j), (k),
(m), (n), (o) or (p).
(c) by omitting subsection (3) and
substituting the following subsections:
(3) The Minister, by instrument in
writing, may authorise an
authorised person, or authorised
persons of a particular class, to
exercise any general technical
powers.
(3A) An authorised person who is an
authorised officer may enter on
and survey any land and take any
action required to exercise any
general technical power.
(3B) An authorised person who is not
an authorised officer may enter
on and survey any land and take
any action required to exercise
any general technical powers that
he or she is authorised to exercise
pursuant to subsection (3).
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109. Section 245 substituted
Section 245 of the Principal Act is repealed and
the following section is substituted:
245. Authorised officers, &c., may use assistants
(1) In entering any land or premises for any
purpose under this Act, an authorised
officer or authorised person may be
accompanied by such other persons as
the authorised officer or authorised
person reasonably requires for that
purpose.
(2) In this section -
"authorised person" means an
authorised person as defined in
section 244.
110. Section 246 amended (Circumstances in which
Division applies)
Section 246(1) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (d) "taken."
and substituting "taken; or";
(b) by inserting the following paragraph after
paragraph (d):
(e) to release part or all of that water
within a specified time.
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111. Section 256A inserted
Before section 257 of the Principal Act, the
following section is inserted in Division 2:
256A. Interpretation of Division
In this Division -
"licence" means a licence granted and
in force under any Part of this
Act;
"licensee" means the holder of a
licence.
112. Section 259 amended (Suspension or cancellation of
licence)
Section 259(7)(b) of the Principal Act is
amended by omitting "determines" and
substituting "thinks fit".
113. Section 270 amended (Interpretation of Division)
Section 270 of the Principal Act is amended by
inserting after paragraph (l) the following
paragraphs:
(la) in respect of an approval or refusal under
section 135B or 136C, the applicant;
(lb) in respect of a variation pursuant to
section 135F or 136H, the relevant
permit holder or licensee;
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(lc) in respect of a cancellation or suspension
under section 135G or 136I, the relevant
permit holder or licensee;
(ld) in respect of a renewal under
section 136F, the licensee;
114. Section 271 amended (Reviewable decisions)
Section 271(1) of the Principal Act is amended
by inserting after paragraph (j) the following
paragraphs:
(ja) an approval or refusal under
section 135B or 136C;
(jb) a variation pursuant to section 135F or
136H;
(jc) a cancellation or suspension under
section 135G or 136I;
(jd) a renewal under section 136F;
115. Section 275 amended (Appealable decisions)
Section 275 of the Principal Act is amended as
follows:
(a) by inserting in paragraph (f) "of a water
allocation" after "reduction";
(b) by inserting the following paragraphs
after paragraph (i):
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(ia) an approval or refusal under
section 135B;
(ib) a variation under section 135F;
(ic) a cancellation or suspension
under section 135G;
116. Section 279A amended (Compensatory orders for
gas pipeline safety detriments)
Section 279A(1) of the Principal Act is amended
by omitting the definition of "permit".
117. Section 280 amended (Suspension of decision
pending appeal or review)
Section 280(1) of the Principal Act is amended
as follows:
(a) by inserting in paragraph (b) "or review"
after "appeal";
(b) by inserting "or review" after "the
appeal".
118. Section 284 amended (Hindering, &c., persons
engaged in administration of Act)
Section 284 of the Principal Act is amended as
follows:
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(a) by omitting "A person" and substituting
"(1) A person";
(b) by omitting paragraph (d) and
substituting the following paragraph:
(d) use abusive, threatening or
insulting language to an
authorised officer or authorised
person or to a person assisting an
authorised officer or authorised
person; or
(c) by inserting "or authorised person" in
paragraph (e) after "authorised officer";
(d) by inserting the following subsection:
(2) In this section -
"authorised person" means
an authorised person as
defined in section 244.
119. Section 295A inserted
After section 295 of the Principal Act, the
following section is inserted in Division 3:
295A. Recovery of costs
(1) A court that convicts a person of an
offence against this Act may, on
application by or on behalf of a person
involved in investigating the offence,
order that, in addition to any other
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penalty, the convicted person must pay
any costs that the person making the
application reasonably incurred in
investigating the offence.
(2) In this section -
"person" includes a body politic.
120. Section 300A inserted
After section 300 of the Principal Act, the
following section is inserted in Division 3:
300A. Replacement of authorisations
The Minister, on receipt of a prescribed
fee, may give the holder of a licence or
other authorisation under this Act a
replacement for the licence or other
authorisation if the Minister is satisfied
that the original has been -
(a) stolen, lost or destroyed; or
(b) damaged to a degree that renders
it unsuitable for use.
121. Section 301 amended (Works codes)
Section 301 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) The order is not a statutory rule.
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122. Section 302 amended (Regulations in general)
Section 302(3)(b) of the Principal Act is
amended by omitting "10 penalty units" and
substituting "20 penalty units".
123. Section 303 amended (Information, assessment of
quantity of water, &c.)
Section 303 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "make
provision for, or relating to," and
substituting "provide for";
(b) by omitting from paragraph (c) "make
provision for, or in respect of," and
substituting "provide for";
(c) by omitting paragraph (d).
124. Section 304 amended (Fees and charges)
Section 304 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Governor may make regulations
prescribing" and substituting "regulations
may prescribe";
(b) by inserting in subsection (1)(d) "or
water allocation" after "authorisation";
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(c) by omitting from subsection (1)(f)
"licences." and substituting
"authorisations and water allocations;
and";
(d) by inserting the following paragraph after
paragraph (f) in subsection (1):
(g) the recording of matters in the
register.
(e) by omitting from subsection (3)(d)
"charges." and substituting "; and";
(f) by inserting the following paragraphs
after paragraph (d) in subsection (3):
(e) concessions, waivers, rebates or
exemptions related to fees; and
(f) refunds (or partial refunds) of
fees.
125. Section 304A amended (Regulations relating to
dams safety)
Section 304A of the Principal Act is amended by
omitting "Governor may make regulations
prescribing" and substituting "regulations may
prescribe".
126. Section 305 amended (Miscellaneous matters)
Section 305 of the Principal Act is amended by
omitting "Governor may make regulations in
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respect of" and substituting "regulations may
provide for".
127. Section 307A inserted
After section 307 of the Principal Act, the
following section is inserted in Division 5:
307A. Savings and transitional provisions
consequent on Water Legislation Amendment
Act 2008
Schedule 4A has effect with respect to
savings and transitional matters
consequent on the Water Legislation
Amendment Act 2008.
128. Section 310 repealed
Section 310 of the Principal Act is repealed.
129. Schedule 3 substituted
Schedule 3 to the Principal Act is repealed and
the following Schedule is substituted:
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SCHEDULE 3 - MEMBERSHIP AND PROCEEDINGS
OF TRUSTS
Section 207
PART 1 - MEMBERSHIP
1. Retirement of trustees
(1) A trustee appointed by a Minister under
section 211(2)(b) or (c) holds office
during the Minister's pleasure.
(2) Unless the Minister by instrument in
writing determines otherwise, trustees are
to retire as prescribed by the regulations.
(3) However, in any case where from any
cause an election is delayed, the retiring
trustees are to hold office until the
election of their successors.
2. Vacation of office
The office of a trustee becomes vacant if
the trustee -
(a) dies; or
(b) becomes bankrupt; or
(c) resigns his or her office in writing
addressed to the trust and the
resignation is accepted by the
trust; or
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(d) accepts an office of profit under
the trust; or
(e) is absent without leave of the
trust from 3 consecutive meetings
of the trust of which he or she had
due notice; or
(f) is convicted in Tasmania of an
offence which is punishable by
imprisonment for a term of 12
months or more, or if the trustee
is convicted elsewhere than in
Tasmania of an offence which, if
committed in Tasmania, would be
so punishable.
PART 2 - PROCEEDINGS
1. Interpretation of Part
In this Part -
"board" means the board of trustees
of a trust;
"concerned water entity", in relation
to a trust, means a water entity
that administers a water supply
district and has a right under this
Act or the special Act to take
water for domestic purposes from
a watercourse over which the
trust exercises any responsibility;
"meeting" means a meeting of a
board;
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"special Act" has the same meaning
as in section 190.
2. Convening meetings
A meeting may be convened by the
chairperson or any 2 trustees.
3. Quorum
A quorum is a majority of the trustees.
4. Chairing of meetings
(1) The chairperson is to preside at all
meetings at which he or she is present.
(2) If the chairperson is not present at a
meeting, the deputy chairperson is to
preside at that meeting if he or she is
present.
(3) If the chairperson and deputy chairperson
are both absent from a meeting, the
trustees present are to elect one of their
number to preside at the meeting.
5. Procedure at meetings
(1) Any duly convened meeting at which a
quorum is present is competent to
transact any trust business.
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(2) In a meeting a trustee may vote -
(a) in person; or
(b) by proxy.
(3) Each trustee, including the chairperson
and deputy chairperson, has only one
vote.
(4) A question arising at a meeting is to be
determined by a majority of the votes
cast.
(5) In the event of an equality of votes on a
question arising at a meeting, the
question stands adjourned until the next
meeting.
6. Proxies
(1) A trustee is not entitled to use a proxy for
more than 2 consecutive meetings
without leave of the board.
(2) A vote that a trustee casts by proxy is as
valid as if it were cast by the member in
person.
7. Trustee with pecuniary interest not to vote
A trustee must not vote on any question
arising before the trust in which he or she
has any direct or indirect pecuniary
interest otherwise than as -
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(a) an owner or occupier of land in
the relevant area; or
(b) the holder of a right under this
Act or the special Act to take
water from a relevant water
resource.
Penalty: Fine not exceeding 5 penalty
units.
8. Minutes
(1) A board is to keep accurate minutes of
each of its meetings; and
(2) A concerned water entity is entitled to
inspect the minutes at any reasonable
time.
9. Special attendance
(1) A board may permit a trustee to
participate in a particular meeting by -
(a) telephone; or
(b) television conference; or
(c) another means of communication
approved by the trust.
(2) A trustee who participates in a meeting
under a permission granted under this
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clause is taken to be present at the
meeting.
(3) A board may permit a person to attend a
meeting for the purpose of advising or
informing it on any matter.
10. Attendance of other water entities at
meetings
Unless the Minister directs a trust
otherwise, the representatives of any
concerned water entity may attend a
meeting.
11. General procedure
Except as provided by this Act or the
regulations, a board may regulate its own
proceedings.
130. Schedule 4 amended (Savings and transitional
provisions)
Schedule 4 to the Principal Act is amended as
follows:
(a) by omitting from clause 9A(3)
"published in the Gazette";
(b) by inserting the following subclause after
subclause (3) in clause 9A:
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(3A) The order is a statutory rule.
(c) by omitting from clause 10(3)(c)(iii) "of
councils to take water as".
131. Schedule 4A inserted
After Schedule 4 to the Principal Act, the
following Schedule is inserted:
SCHEDULE 4A - SAVINGS AND TRANSITIONAL
PROVISIONS CONSEQUENT ON WATER
LEGISLATION AMENDMENT ACT 2008
Section 307A
1. Interpretation
In this Schedule -
"amended Act" means this Act as
amended by the Water
Legislation Amendment Act 2008.
2. Temporary water allocations
(1) This clause applies to a permission in
force under section 90 of this Act as in
force immediately before the day on
which section 43 of the Water
Legislation Amendment Act 2008
commences.
(2) The permission continues in force
according to its terms on and after the
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day referred to in subclause (1) until the
expiry of the period not exceeding 3
months for which the permission was
granted.
3. Well drilling offences
(1) Notwithstanding section 136A(1) of the
amended Act -
(a) it is not an offence for a person to
physically undertake well works
contrary to that section during the
first 2 months of the lead-in
period; and
(b) it is not an offence for a person to
physically undertake well works
contrary to paragraph (a) of that
section during the last 4 months
of the lead-in period if the
person -
(i) has applied for a well
driller's licence in
accordance with
section 136B; and
(ii) has not been given notice
that the application has
been refused; and
(c) it is not an offence for a person to
physically undertake well works
contrary to paragraph (b) of that
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section during the last 4 months
of the lead-in period if the person
is an employee of, and working
under the on-site supervision of,
someone who has or is
reasonably believed by the first-
mentioned person to have -
(i) applied for a well driller's
licence in accordance
with section 136B; and
(ii) not been given notice that
the application has been
refused.
(2) In this clause -
"lead-in period" means the 6-month
period immediately following the
day on which section 62 of the
Water Legislation Amendment
Act 2008 commences.
4. Well works offences
Notwithstanding section 135 of the
amended Act, it is not an offence for a
person to cause any well works to be
undertaken contrary to that section
during the first 2 months immediately
following the day on which section 62 of
the Water Legislation Amendment Act
2008 commences.
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5. Trust elections
(1) This clause applies if any elections of
trustees are in the process of being
conducted immediately before the day on
which section 96 of the Water
Legislation Amendment Act 2008
commences.
(2) The elections are to proceed as if the
former Act and the former electoral
regulations were still in force.
(3) The elections have effect under and for
the amended Act.
(4) For the purposes of this clause, an
election of trustees is taken to be in the
process of being conducted if the
returning officer has not issued a
certificate of the result of the election.
(5) In this clause -
"former Act" means this Act as in
force immediately before the day
referred to in subclause (1);
"former electoral regulations"
means the provisions of Part 5 of
the Water Management
Regulations 1999 as in force
immediately before the day
referred to in subclause (1).
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6. Trust polls
(1) This clause applies if any polls under
section 213 are in the process of being
taken immediately before the day on
which section 97 of the Water
Legislation Amendment Act 2008
commences.
(2) The polls are to proceed as if the former
Act and the former polling regulations
were still in force.
(3) The polls have effect under and for the
amended Act.
(4) For the purposes of this clause, a poll is
taken to be in the process of being taken
if the returning officer has not finished
counting the ballot papers.
(5) In this clause -
"former Act" means this Act as in
force immediately before the day
referred to in subclause (1);
"former polling regulations" means
the provisions of Part 5 of the
Water Management Regulations
1999 as in force immediately
before the day referred to in
subclause (1).
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7. Trust membership
(1) Subject to clause 2 of Part 1 of
Schedule 3 to the amended Act, a person
who was an elected trustee under the
former Act retires at the same time as he
or she would have retired had the Water
Legislation Amendment Act 2008 not
been enacted.
(2) In this clause -
"former Act" means this Act as in
force immediately before the
commencement of section 96 of
the Water Legislation Amendment
Act 2008.
8. Regulations
(1) The Governor may make regulations of a
savings and transitional nature
consequent on the enactment of the
Water Legislation Amendment Act 2008.
(2) A regulation made under subclause (1) in
respect of any matter may take effect on
a day on which any provision of the
Water Legislation Amendment Act 2008
relating to that matter commences or a
later day.
(3) The provisions of Division 4 of Part 15
have, subject to any necessary
modification, the same application to
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regulations made under subclause (1) as
they have to any of the regulations to
which that Division applies.
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s. 132 Part 3 - Approvals (Deadlines) Act 1993 Amended
PART 3 - APPROVALS (DEADLINES) ACT 1993
AMENDED
132. Principal Act
In this Part, the Approvals (Deadlines) Act
1993* is referred to as the Principal Act.
133. Schedule 1 amended (Approval Time Limits)
Schedule 1 to the Principal Act is amended by
omitting
Water Act 1957
Commissional water 60 days from the day on which an
right under section application is received by the Rivers
94 of the Water Act and Water Supply Commission.
1957
Certificate of 60 days from the day on which a
qualification recommendation from the appropriate
(Hydraulic Engineer) examiners under regulation 6 of the
Water, Sewerage, and Drainage
Board Regulations 1957 is received
by the Rivers and Water Supply
Commission.
.
*No. 41 of 1993
132
Water Legislation Amendment Act 2008
Act No. of
Part 4 - Farm Water Development Act 1985 Amended s. 134
PART 4 - FARM WATER DEVELOPMENT ACT 1985
AMENDED
134. Principal Act
In this Part, the Farm Water Development Act
1985* is referred to as the Principal Act.
135. Section 5 amended (Loans for development of farm
water)
Section 5 of the Principal Act is amended by
omitting paragraph (a) and substituting the
following paragraph:
(a) undertaking, in accordance with a permit
under the Water Management Act 1999,
dam works that are to be used in
connection with the taking of water into
storage, pursuant to a licence under that
Act, for irrigation on a farm owned or
occupied by that eligible person; or
*No. 42 of 1985
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Water Legislation Amendment Act 2008
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s. 136 Part 5 - Irrigation Clauses Act 1973 Amended
PART 5 - IRRIGATION CLAUSES ACT 1973
AMENDED
136. Principal Act
In this Part, the Irrigation Clauses Act 1973* is
referred to as the Principal Act.
137. Section 23 amended (Right to a supply for
irrigation)
Section 23 of the Principal Act is amended by
inserting after subsection (3A) the following
subsections:
(3B) The undertakers must keep a register of
all irrigation rights in the undertakers'
irrigation district.
(3C) The register of irrigation rights is to be in
such form and contain such information
as the Minister, by notice, from time to
time directs.
(3D) The Minister, by notice, may -
(a) require that the undertakers
provide the Minister or another
person with a copy of the register
(or the register as it existed on a
specified date); and
*No. 39 of 1973
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(b) require that that copy be provided
in a particular format.
(3E) The undertakers must comply with the
Minister's notice.
Penalty: Fine not exceeding 5 penalty
units.
138. Section 23A amended (Transfer of irrigation rights)
Section 23A of the Principal Act is amended by
inserting after subsection (3) the following
subsections:
(4) The undertakers must not approve the
transfer unless satisfied, from written
evidence, that each person with a
financial interest in the relevant irrigation
right consents to the transfer.
(5) However, subsection (4) does not apply
if -
(a) the undertakers are satisfied that
the transfer will be only for a
period not exceeding 12 months
and the relevant irrigation right
will revert to the transferor
immediately after that period
expires; or
(b) the transferor and transferee are
the same person.
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s. 139 Part 5 - Irrigation Clauses Act 1973 Amended
139. Section 24 amended (Domestic rights)
Section 24 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsections:
(2) Notwithstanding anything in this Act or
the Water Management Act 1999, the
undertakers may grant, to any water
entity that administers a water district
under that Act, a right to take water for
domestic purposes from a declared water
supply channel.
(3) However, nothing in this section is to be
taken as requiring any water supply
channel to be declared.
(4) In this section -
"declared" means declared under
section 192(1) of the Water
Management Act 1999.
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Part 6 - Inland Fisheries (Commercial Nets and Fees) Regulations 1999 s. 140
Amended
PART 6 - INLAND FISHERIES (COMMERCIAL NETS
AND FEES) REGULATIONS 1999 AMENDED
140. Principal Regulations
In this Part, the Inland Fisheries (Commercial
Nets and Fees) Regulations 1999* are referred to
as the Principal Regulations.
141. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is
amended by omitting the definitions of
"commissional water rights" and "fee unit".
142. Schedule 1 amended (Fees)
Part 1 of Schedule 1 to the Principal Regulations
is amended as follows:
(a) by omitting paragraph (b) first occurring
from item 5 and substituting the
following:
(b) each megalitre of a water 20
allocation on a licence under the
Water Management Act 1999
*S.R. 1999, No. 156
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s. 142 Part 6 - Inland Fisheries (Commercial Nets and Fees) Regulations 1999
Amended
(b) by omitting paragraph (b) second
occurring from item 5 and substituting
the following:
(b) each megalitre of a water 20
allocation on a licence under the
Water Management Act 1999
138
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Part 7 - Legislation repealed s. 143
PART 7 - LEGISLATION REPEALED
143. Legislation repealed
The legislation specified in Schedule 1 is
repealed.
139
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Act No. of
sch. 1
SCHEDULE 1 - LEGISLATION REPEALED
Regulation 143
Cressy-Longford Irrigation Act 1969 (No. 39 of 1969)
Cressy-Longford Irrigation Water Act 1972 (No. 42 of 1972)
140 Government Printer, Tasmania