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TASMANIA
__________
WATER MANAGEMENT AMENDMENT (DAM
WORKS) BILL 2015
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A inserted
3A. Meaning of owner
6. Section 8 amended (Functions and duties of the Minister)
7. Section 10 amended (Delegation by Minister)
8. Section 10A inserted
10A. Delegation by Secretary
9. Section 11 amended (Exemption from Act)
10. Section 12 amended (Minister to keep certain registers)
11. Section 12A amended (Application requirements)
12. Section 14 amended (Scope of water management plans)
13. Section 61 amended (Notification of financial interest)
14. Section 69 amended (Variation of licences)
15. Section 77 amended (Surrender of licences)
16. Section 84 amended (Allocation of water)
17. Section 88 amended (Reduction of water allocations)
18. Section 104 amended (Consent of parties with financial interest)
[Bill 27]-XI
19. Section 106 amended (Cancellation, &c., of licence on
conviction for offence)
20. Part 8 substituted
PART 8 - Dam Works
Division 1 - Preliminary
138. Interpretation of Part
139. Non-application of Part
140. Exemption from operation of Part
141. Minister to take certain matters into account
142. Approval guidelines
Division 2 - Offence to undertake dam works without
authority of permit
143. Offence to undertake dam works without permit
Division 3 - Division 3 permits
Subdivision 1 - Applications for Division 3 permits
144. Application for Division 3 permit
145. Notice of permit application
146. Representations relating to permit application
147. Further notice of permit application
148. Referral by Director
149. Minister may require further information or action
150. Statement of conditional approval
151. Amendment of permit application
152. Withdrawal of permit application
Subdivision 2 - Determination of applications for Division 3
permits
153. Time for determining permit application
154. Failure by Minister to determine application
155. Consideration of permit application
156. Determination of permit application
157. Notification of determination of permit application
158. Issue of Division 3 permits
Division 4 - Division 4 permit
159. Entitlement to Division 4 permits
160. Notice of intention to undertake dam works
161. Division 4 permit taken to be issued to person if
notice given by person
162. Minister may direct person to apply for Division 3
permit, &c.
Division 5 - Permits generally
163. Authority of permit
164. Conditions of Division 3 permit
164A. Conditions of Division 4 permit
164B. Form of Division 3 permit
2
164C. When permit takes effect
164D. Term of permit
Division 6 - Amending permits
164E. Extension of term of Division 3 permit
164F. Other amendment of permit on application of permit
holder
164G. Determination of application to amend permit
164H. Notification of determination of application to
amend permit
164I. Amendment of permit to correct mistakes
164J. Amendment of permit to minimise environmental
harm, &c.
164K. Amendment of permit in accordance with conditions
of Appeal Tribunal
164L. When amendment takes effect
164M. Issue of amended permit
Division 7 - Transfers of permits
164N. Transfer of permit
Division 8 - Registration of offsets for dam works
164O. Interpretation of Division 8
164P. Offsets register
164Q. Application to register offset
164R. Registration of offset
164S. Duration of offset
164T. Notice of offset to be lodged with Recorder
164U. Amendment of registered offset
164V. Amendment of offsets register to correct mistakes
164W. Minister may direct cancellation of registration of
offset
164X. Cancellation of registered offset when offset
naturally ends
164Y. Notice of cancellation of offset to be lodged with
Recorder
164Z. No fees payable under Land Titles Act 1980
Division 9 - Completion of dam works
164ZA. Completion of dam works under Division 3 permit
164ZB. Completion of dam works under Division 4 permit
Division 10 - Dam operating notices
164ZC. Dam operating notice
164ZD. Details of dam operating notice
164ZE. Period of dam operating notice
164ZF. Notification of cessation of duties under dam
operating notice
164ZG. Transfer of dam operating notice
3
164ZH. Amendment of dam operating notice to correct
mistakes
Division 11 - Offences
164ZI. Offence to contravene permit conditions
164ZJ. Offence to contravene dam operating notice or
conditions
164ZK. Offence to contravene registered offset
164ZL. No defence of authority being given, if threatened
species or their nest taken
164ZM. Ministerial action following contravention of Part
Division 12 - Miscellaneous
164ZN. Minister to prepare annual report
165. Review to be conducted
21. Section 165C amended (Functions of Minister)
22. Section 165F amended (Referral of applications under another
enactment)
23. Section 165K amended (Operation and maintenance manuals)
24. Section 165L amended (Directions for maintenance, &c., of
dams)
25. Section 165V substituted
165V. No requirement for permit where dam works
required by direction or notice
165W. Registration of dams
165X. Minister may assign, &c., ANCOLD consequence
category
26. Section 185 amended (Requirements for permits)
27. Section 263 amended (Correction of notation of demerit points)
28. Section 270 amended (Interpretation of Division)
29. Section 271 amended (Reviewable decisions)
30. Section 274 amended (Interpretation of Division)
31. Section 275 amended (Appealable decisions)
32. Section 276 amended (Appeal to Appeal Tribunal)
33. Section 278 amended (Form of appeal to Appeal Tribunal)
34. Section 279 amended (Determination of appeal)
35. Section 279A amended (Compensatory orders for gas pipeline
safety detriments)
36. Section 293 amended (Evidentiary provision for documents)
4
37. Section 296 amended (Compensation not payable for stopping,
&c., flow of water)
38. Section 297A inserted
297A. Service of notices and other documents
39. Section 300B inserted
300B. Calculation of number of days
40. Schedule 2 repealed
41. Repeal of Act
5
6
WATER MANAGEMENT AMENDMENT (DAM
WORKS) BILL 2015
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
25 August 2015
(Brought in by the Minister for Primary Industries and Water,
the Honourable Jeremy Page Rockliff)
A BILL FOR
An Act to amend the Water Management Act 1999 with
respect to dam works and for related purposes
Be it enacted by Her 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:
1. Short title
This Act may be cited as the Water Management
Amendment (Dam Works) Act 2015.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 27] 7
Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 3
3. Principal Act
In this Act, the Water Management Act 1999* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of Agency:
ANCOLD consequence category
means a consequence category
referred to in the Guidelines on
the Consequence Categories for
Dams, published in October 2012
by the Australian National
Committee on Large Dams
Incorporated, as amended or
substituted from time to time;
(b) by omitting the definition of Assessment
Committee;
(c) by omitting the definition of Board;
(d) by omitting ", to which Part 8 or Part 8A
applies" from the definition of dam
works;
(e) by omitting "such" from the definition of
dam works;
*No. 45 of 1999
8
Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 4
(f) by omitting the definition of dedicated
Crown land;
(g) by inserting the following definition after
the definition of Director:
Director of Inland Fisheries means
the Director of Inland Fisheries
appointed under section 11 of the
Inland Fisheries Act 1995;
(h) by inserting the following definitions
after the definition of dispersed surface
water:
Division 3 permit has the same
meaning as in Part 8;
Division 4 permit has the same
meaning as in Part 8;
(i) by inserting ", dam" after "resource" in
the definition of local newspaper;
(j) by inserting "or in which a proposed or
existing dam is to be situated" after
"situated" in the definition of local
newspaper;
(k) by inserting the following definition after
the definition of natural values:
nest means -
(a) a structure or place where
a bird lays eggs and
shelters its young; and
9
Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 5
(b) an animal's breeding
place, den or burrow;
(l) by omitting the definitions of owner and
permit and substituting the following
definition:
owner has the meaning given by
section 3A;
(m) by omitting the definition of register and
substituting the following definitions:
register of licences, water allocations
and permits means the register of
licences, water allocations and
permits kept under section 12(1);
register of dams means the register of
dams kept under section 12(1A);
(n) by inserting the following definition after
the definition of surety:
take, in relation to threatened species,
has the same meaning as in the
Threatened Species Protection
Act 1995;
(o) by inserting the following definition after
the definition of taking:
threatened species has the same
meaning as in the Threatened
Species Protection Act 1995;
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s. 5
5. Section 3A inserted
After section 3 of the Principal Act, the
following section is inserted in Part 1:
3A. Meaning of owner
(1) In this Act, owner, in relation to land,
means each of the following persons:
(a) in the case of a fee simple estate
in land - the person in whom that
estate is vested;
(b) in the case of land not registered
under the Land Titles Act 1980
and subject to a mortgage - the
equity of redemption in that
mortgage;
(c) in the case of land held under a
tenancy for life - the person who
is the life tenant;
(d) in the case of land held under a
lease -
(i) for a term of not less than
99 years - the lessee; or
(ii) if another period is
prescribed by the
regulations, for a term of
not less than that period -
the lessee;
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Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 5
(e) in the case of land in respect of
which a person has a prescribed
interest - that person;
(f) in the case of land that is
unalienated from the Crown - the
Crown.
(2) In this Act, owner, in relation to -
(a) a dam that has been constructed,
means each of the following
persons:
(i) the person who owns the
dam;
(ii) any person who owns
land that may be covered
by water when the dam is
at maximum operating
level (other than because
of flood discharge) or, if
there is a controlled
spillway in relation to the
dam, when water is at the
spillway crest level; or
(b) in the case of a dam under
construction, means each of the
following persons:
(i) the holder of a Division 3
permit or a Division 4
permit under which the
dam is being constructed;
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Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 6
(ii) any person who is the
owner of the land on
which dam works in
relation to the dam are
being, or are to be,
undertaken.
6. Section 8 amended (Functions and duties of the
Minister)
Section 8(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (f)
"management." and substituting
"management; and";
(b) by inserting the following paragraph after
paragraph (f):
(g) any other functions and duties
imposed on the Minister by this
Act, including, but not limited to,
functions and duties imposed
under Part 8 in relation to dam
works.
7. Section 10 amended (Delegation by Minister)
Section 10(5) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b)
"section 137(2), 165L(5), 176(2), 178(1),
183(1), 186(1), 188(1), 192, 206, 225 or
259(6)" and substituting "section
13
Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 8
165L(5), 176(2), 178(1), 183(1), 186(1),
188(1), 192, 206, 225 or 295(6)";
(b) by omitting from paragraph (c)
"section 46, 94(3), 127(1), 147(5),
165J(2), 165L(7), 165M(1), 165N(4),
229(1) or 282(4)" and substituting
"section 46, 94(3), 127(1), 147(5),
165J(2), 165L(7), 165M(1), 165N(4),
229(1), 282(4) or 164ZM";
(c) by omitting paragraph (d).
8. Section 10A inserted
After section 10 of the Principal Act, the
following section is inserted in Part 3:
10A. Delegation by Secretary
The Secretary may delegate any of his or
her functions or powers under this Act,
other than this power of delegation, to
any person.
9. Section 11 amended (Exemption from Act)
Section 11(2)(a) of the Principal Act is amended
by inserting "under this Act" after "permit".
10. Section 12 amended (Minister to keep certain
registers)
Section 12 of the Principal Act is amended as
follows:
14
Water Management Amendment (Dam Works) Act 2015
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s. 11
(a) by omitting from subsection (1)
"licences" and substituting "licences,
water allocations";
(b) by inserting in subsection (1) "or issued"
after "granted";
(c) by inserting the following subsection
after subsection (1):
(1A) The Minister must keep a register
of dams for the purposes of this
Act.
(d) by inserting the following subsection
after subsection (7):
(8) The Minister may, of his or her
own motion, amend the register
of dams to add, amend or remove
any particulars, in relation to a
dam, relating to dam safety.
11. Section 12A amended (Application requirements)
Section 12A of the Principal Act is amended as
follows:
(a) by omitting "Assessment Committee"
first occurring and substituting
"Secretary";
(b) by omitting from paragraph (b)
"Assessment Committee" and
substituting "Secretary".
15
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Act No. of
s. 12
12. Section 14 amended (Scope of water management
plans)
Section 14(3) of the Principal Act is amended by
omitting paragraph (d).
13. Section 61 amended (Notification of financial
interest)
Section 61 of the Principal Act is amended as
follows:
(a) by inserting in subsection (3) "of
licences, water allocations and permits"
after "register";
(b) by inserting in subsection (4) "of
licences, water allocations and permits"
after "register";
(c) by inserting in subsection (5) "of
licences, water allocations and permits"
after "Where the register";
(d) by inserting in subsection (6) "of
licences, water allocations and permits"
after "Where the register".
14. Section 69 amended (Variation of licences)
Section 69 of the Principal Act is amended as
follows:
(a) by omitting paragraph (fa) from
subsection (2) and substituting the
following paragraph:
16
Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 15
(fa) if a water allocation endorsed on
a licence is for the taking of water
into a dam to which a Division 3
permit or a Division 4 permit
relates and either -
(i) those dam works are not
completed in accordance
with that permit; or
(ii) conditions in relation to
the operation, in
accordance with the
objectives of this Act, of
the dam, when
constructed, are to be
placed on the licence; or
(b) by inserting in subsection (3) "of
licences, water allocations and permits"
after "register".
15. Section 77 amended (Surrender of licences)
Section 77(2) of the Principal Act is amended by
inserting "of licences, water allocations and
permits" after "register".
16. Section 84 amended (Allocation of water)
Section 84(3A) of the Principal Act is amended
by omitting "in respect of which a permit for
dam works has been granted under section 157"
and substituting "to which relates a Division 3
17
Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 17
permit, or a Division 4 permit, that authorises
dam works".
17. Section 88 amended (Reduction of water
allocations)
Section 88(1) of the Principal Act is amended by
inserting "of licences, water allocations and
permits" after "register".
18. Section 104 amended (Consent of parties with
financial interest)
Section 104(1) of the Principal Act is amended
by inserting "of licences, water allocations and
permits" after "register".
19. Section 106 amended (Cancellation, &c., of licence
on conviction for offence)
Section 106(5) of the Principal Act is amended
by inserting "of licences, water allocations and
permits" after "register".
20. Part 8 substituted
Part 8 of the Principal Act is repealed and the
following Part is substituted:
18
Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 20
PART 8 - DAM WORKS
Division 1 - Preliminary
138. Interpretation of Part
In this Part -
affected permit holder means the
holder of a permit who is required
by a condition of that permit to
register an offset in the offsets
register;
approval guidelines means guidelines
issued under section 142, as those
guidelines are amended or
substituted from time to time;
authorised operator means a person
authorised by the owner of a dam
to operate part, or all, of the dam
or any infrastructure of the dam;
dam operating notice means a notice
issued under section 164ZC;
Division 3 permit means a permit
issued under section 158;
Division 4 permit means a permit
taken under section 161 to have
been issued;
EPA Board means the Board of the
Environment Protection
Authority established under
section 13 of the EMPC Act;
19
Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 20
holder of a permit means a person
who holds a Division 3 permit or
a Division 4 permit;
notice of offset means a notice of
offset referred to in section 164T;
offset means any activity, mitigation
measure, or action, that -
(a) may result from dam
works or is a kind of
activity, mitigation
measure, or action, that is
prescribed; and
(b) is taken to compensate for
adverse impact that
endures beyond the
duration of the permit to
which the activity,
mitigation measure or
action relates;
offsets register means the register of
offsets established and
maintained under section 164P;
permit means a Division 3 permit or a
Division 4 permit;
permit application means an
application for a Division 3
permit;
registered offset means -
20
Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 20
(a) an offset that is entered on
the offsets register; and
(b) any condition in relation
to the offset that is
entered under
section 164R(3) on the
offsets register.
139. Non-application of Part
This Part does not apply to dam works
that -
(a) are undertaken for the primary
purpose of storing waste; or
(b) consist of the construction,
erection, enlargement or
modification of a levee or bank,
in preparation for or during a
flood, that is a levee or bank that
is entirely removed within 4
weeks after the day on which the
levee or bank was constructed or
the flood ceases; or
(c) are exempted from the operation
of this Part under section 140.
140. Exemption from operation of Part
(1) The Minister, by order, may exempt from
the operation of this Part specific dam
works or a category of dam works.
21
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Act No. of
s. 20
(2) Without limiting the categories of dam
works the Minister may exempt or the
manner in which the exemption is
expressed, the Minister may exempt a
category of dam works by reference to
any one or more of the following criteria:
(a) the purpose of the dam works;
(b) the location of the dam works;
(c) the capacity or height of the dam;
(d) the ANCOLD consequence
category of the dam works;
(e) the design specifications for, or
methods of construction of, the
dam works;
(f) the type of dam works.
(3) Without limiting the categories of dam
works the Minister may exempt or the
manner in which the exemption is
expressed, the Minister may exempt
specific dam works, or a category of dam
works, that consist of the
decommissioning of a dam in accordance
with a relevant works code under
section 301.
(4) The order may include requirements
relating to reporting with respect to the
undertaking and completion of the dam
works.
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s. 20
(5) An order under this section is a statutory
rule.
141. Minister to take certain matters into account
When making a decision under this Part
in relation to the determination of an
application for a Division 3 permit, or of
any conditions to which such a permit is
to be subject, the Minister must take into
account -
(a) the objectives of this Act; and
(b) any prescribed requirements for
the design, construction, erection,
enlargement, modification,
maintenance, repair, surveillance,
decommissioning and removal of
dams, for the conversion of land
to a dam or for carrying out dam
works and related matters; and
(c) any relevant codes issued under
section 301 or adopted under
section 304B; and
(d) any relevant approval guidelines.
142. Approval guidelines
(1) The Minister, by order published in the
Gazette, may issue guidelines in relation
to -
23
Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 20
(a) the consideration and
determination of applications for
Division 3 permits; and
(b) the determination of any
conditions to which a Division 3
permit is to be subject; and
(c) any matter related to a matter
referred to in paragraph (a) or (b).
(2) The guidelines may include or adopt
standards and codes.
(3) The Minister, by order published in the
Gazette, may -
(a) amend the guidelines; or
(b) repeal the guidelines and
substitute new guidelines.
(4) In issuing guidelines, amending
guidelines or substituting guidelines, the
Minister may consult with the persons he
or she considers appropriate.
(5) The Minister is to ensure that the
guidelines, as in force, are published on
the website of the Department and made
available to the public in any other
manner the Minister considers
appropriate.
(6) An order under subsection (1) or (3) is
not a statutory rule.
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Division 2 - Offence to undertake dam works without
authority of permit
143. Offence to undertake dam works without
permit
(1) A person must not undertake, or cause or
permit to be undertaken, any dam works
unless -
(a) the person is the holder of a
permit, or is undertaking the dam
works for another person who is
the holder of a permit, which
relates to those dam works; and
(b) those dam works are undertaken
in accordance with that permit
and its conditions.
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) It is a defence in proceedings for an
offence against subsection (1) in relation
to dam works on an existing dam if the
defendant -
(a) establishes that it was necessary
to undertake the dam works in
order to maintain the structural
integrity of the dam; and
25
Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 20
(b) establishes that the dam works
were limited to such works as
were necessary for that purpose;
and
(c) establishes that, within 2 working
days after the dam works were
commenced, notice of the works
was given to the Minister or an
authorised officer.
Division 3 - Division 3 permits
Subdivision 1 - Applications for Division 3 permits
144. Application for Division 3 permit
(1) A person may apply to the Minister for a
Division 3 permit to undertake dam
works in respect of -
(a) a single dam; or
(b) a group of dams that collectively
store, hold back or impede the
flow of a single body of water.
(2) An application -
(a) must comply with section 12A;
and
(b) if the applicant is not the owner
of the land on which the proposed
dam works would be
undertaken - must include a
declaration that the applicant has
notified the owner of the land, in
26
Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 20
writing, of the intention to make
the application.
(3) If the Minister determines that an
application does not comply with
section 12A and the requirements of this
section, and accordingly does not
constitute an application under this
section, the Minister must notify the
applicant of that fact.
(4) A notice under subsection (3) -
(a) is to be in writing; and
(b) is to be given within 10 days after
the Minister receives the
application; and
(c) is to include information
concerning the applicant's rights
of review or appeal under Part 14.
(5) If -
(a) an applicant lodges an application
for review under Part 14 in
relation to the Minister's
determination that the application
does not comply with
section 12A and the requirements
of this section; and
(b) the review determines that the
application does so comply -
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Act No. of
s. 20
the application is taken, for the purposes
of this Act, to have been made on the day
on which the review so determines.
145. Notice of permit application
(1) Within 14 days after receiving a permit
application, the Minister is to -
(a) publish notice of the permit
application in a local newspaper;
and
(b) if the proposed dam works are
wholly or partly within a pipeline
planning corridor - notify, in
writing, the person licensed under
the Gas Pipelines Act 2000 to
operate the pipeline in that
corridor of the permit application;
and
(c) if the applicant is not the owner
of the land on which the proposed
dam works would be
undertaken - notify the owner of
the land, in writing, of the permit
application; and
(d) if the Minister is of the opinion
that the proposed dam works may
have an impact on any land
adjoining the land on which the
proposed dam works would be
undertaken - notify the owner of
the adjoining land; and
28
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Act No. of
s. 20
(e) if the Minister is of the opinion
that it is in the public interest to
do so - notify any other person
the Minister thinks fit.
(2) A notice under subsection (1) is to -
(a) specify the name of the applicant,
details of the application and any
other information that the
Minister considers appropriate;
and
(b) specify that a copy of the permit
application, and of all plans and
other documents lodged with the
application, is available for
inspection by the public for the
period during which
representations may be made
under section 146(1); and
(c) specify the place at which, and
the hours during which, those
copies are available for inspection
by the public; and
(d) state -
(i) that written
representations may be
made to the Minister by
any person who may be
affected by the dam works
if the permit application is
granted or who is a person
to whom notice is given
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Water Management Amendment (Dam Works) Act 2015
Act No. of
s. 20
under subsection (1)(d) or
(e); and
(ii) the period during which
the representations may
be made; and
(iii) the manner in which, and
the address at which, the
representations may be
lodged with the Minister.
(3) The period in which representations may
be lodged under subsection (2)(d) is to be
a period of not less than 14 days
commencing on the day notice of the
application is published in a local
newspaper under subsection (1)(a).
146. Representations relating to permit
application
(1) If a notice of a permit application is
published under section 145(1)(a), any
person who may be affected by the
proposed dam works if the application is
granted may make written
representations to the Minister in relation
to the permit application -
(a) within the period specified in the
notice; and
(b) in the manner specified in the
notice; and
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(c) by lodging the representations at
the address specified in the
notice.
(2) A person who has lodged a
representation may withdraw it by
written notice to the Minister lodged -
(a) at any time before the Minister
grants or refuses to grant the
permit application to which the
representation relates; and
(b) at the address stated, in
accordance with
section 145(2)(d), in the notice
published under
section 145(1)(a).
(3) If a representation has been withdrawn, it
is taken never to have been made.
147. Further notice of permit application
(1) Within 14 days after receiving a permit
application, the Minister is to notify the
following persons of the details of the
application:
(a) the Director;
(b) the Director of Inland Fisheries.
(2) Despite subsection (1), the Minister is
not required to notify -
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(a) the Director, if the dam works
proposed in the permit
application are of a type the
Director determines under
subsection (3)(a) do not require
such a notice; or
(b) the Director of Inland Fisheries, if
the dam works proposed in the
permit application are of a type
the Director of Inland Fisheries
determines under
subsection (3)(b) do not require
such a notice.
(3) By notice provided to the Minister -
(a) the Director may determine that
notice under subsection (1)(a) is
not required to be provided if the
dam works proposed in the
permit application are of a type
specified in the determination;
and
(b) the Director of Inland Fisheries
may determine that notice under
subsection (1)(b) is not required
to be provided if the dam works
proposed in the permit
application are of a type specified
in the determination.
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148. Referral by Director
(1) The Director, on receiving a notice of a
permit application under section 147(1),
may, under section 27(2) of the EMPC
Act and within 14 days after receiving
the application, direct the applicant to
refer details of the proposed dam works
to the EPA Board for assessment.
(2) Within 7 days after directing, in
accordance with subsection (1), the
applicant in a permit application to refer
details of the proposed dam works to the
EPA Board for assessment, the Director
is to notify the Minister of that direction.
(3) Within 7 days after the EPA Board, on
the referral to it, for assessment, of the
details of the proposed dam works under
a permit application -
(a) completes an assessment under
section 27(3) of the EMPC Act in
relation those dam works; or
(b) gives notice under section 27(4)
of the EMPC Act that such an
assessment in relation to those
dam works is not required -
the EPA Board must cause the Director
to inform the Minister of that assessment
or determination.
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149. Minister may require further information or
action
(1) After the period within which
representations relating to a permit
application may be made under
section 146(1)(a) has ended, the Minister,
by notice to the applicant, may require
the applicant to provide to the Minister
the further information, or take the
action, specified in the notice, or both, to
assist the Minister in determining the
permit application.
(2) A notice -
(a) is to be in writing; and
(b) is to specify the rights of the
permit applicant, if aggrieved by
the notice, to apply for a review
or appeal under Part 14; and
(c) may require the applicant to
cause additional information that
is to be provided to be verified by
the person specified in the notice;
and
(d) may require that the additional
information to be provided is to
be in the format specified in the
notice and is to be provided
within the period, of not more
than 2 years, specified in the
notice; and
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(e) may specify that an action to be
taken is to be taken in accordance
with the instructions set out in the
notice within the period, of not
more than 2 years, specified in
the notice.
(3) An applicant is to comply with a
requirement of a notice issued to the
applicant under subsection (1) within -
(a) the period specified, in relation to
the requirement, in the notice; or
(b) a longer period, if any, specified
in an extension under
subsection (4) in relation to the
requirement.
(4) On the written request, of an applicant to
whom a notice is given under
subsection (1), that is received by the
Minister before the end of the period
specified, in relation to a requirement, in
the notice, the Minister may extend, for a
further period not exceeding one year,
the period specified in relation to the
requirement.
(5) The period in relation to a requirement
may only be extended under
subsection (4) once, and only if the
Minister considers that the circumstances
under which the notice under
subsection (1) was issued have not
significantly changed.
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150. Statement of conditional approval
(1) If the Minister has issued a notice under
section 149(1) requiring an applicant in a
permit application to provide further
information or take action, or both, the
Minister may issue to the applicant a
statement that the permit application is
likely to be granted, and the Division 3
permit issued, if the requirements
specified in the statement are met.
(2) A statement under subsection (1) -
(a) does not authorise the
undertaking or commencement of
the dam works proposed in the
permit application; and
(b) does not prevent the Minister
from refusing to grant the permit
application, whether or not the
requirements specified in the
statement are met.
151. Amendment of permit application
(1) An applicant in a permit application may,
in writing, request the Minister to amend
the permit application in respect of a
particular relating to the design, type,
size, location or purpose of the proposed
dam works.
(2) Section 12A applies to the request as if it
were an application.
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(3) The Minister may grant the request and
amend the permit application or refuse to
grant the request.
(4) The Minister may only grant the request
and amend the permit application if
satisfied that the amendment does not
significantly alter the permit application.
(5) The Minister is to notify the following
persons of his or her determination of the
request and, if the request is granted, of
the details of the amendment to the
permit application:
(a) the applicant in the permit
application;
(b) each person who has made a
representation under
section 146(1) in relation to the
permit application;
(c) the owner of the land in relation
to which the permit application is
made, if the owner of that land is
not the applicant;
(d) if notice has been given under
section 145(1)(d) of the permit
application to the owner of land
adjoining the land in relation to
which the permit application is
made - that owner;
(e) if notice has been given under
section 145(1)(e) of the
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application to a person - that
person;
(f) if notice has been given under
section 147(1) of the permit
application to the Director - the
Director;
(g) if notice of the permit application
has been given under
section 147(1) to the Director of
Inland Fisheries - the Director of
Inland Fisheries.
152. Withdrawal of permit application
A permit application is taken to have
been withdrawn when -
(a) the Minister receives notice, in
writing, from the applicant that he
or she is withdrawing the permit
application; or
(b) the applicant has failed to comply
with a notice under
section 149(1) within the period
allowed under section 149(3).
Subdivision 2 - Determination of applications for Division
3 permits
153. Time for determining permit application
(1) The Minister is to determine a permit
application -
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(a) within 12 weeks after the day on
which the application is made; or
(b) within such longer period as the
Minister and applicant, before the
end of that 12-week period,
agree.
(2) For the purposes of calculating the 12-
week period or longer period referred to
in subsection (1), the following periods
are not to be taken into account:
(a) if the Director under section
27(2) of the EMPC Act directs
that the details of the proposed
dam works under the permit
application be referred to the
EPA Board - the period
commencing on the day on which
the Minister receives notification
under section 148(2) that the
Director has so directed the
referral and ending -
(i) if an appeal to the Appeal
Tribunal is not lodged
under section 27(7) of the
EMPC Act - on the day
on which the period
within which such an
appeal may be lodged
expires; or
(ii) if an appeal to the Appeal
Tribunal is lodged under
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section 27(7) of the
EMPC Act - on the day
on which the Minister
receives notice of the
determination of the
appeal;
(b) if the Minister has, under
section 149(1), required the
applicant to provide further
information or take action, or
both - the period commencing on
the day on which the Minister
makes that requirement and
ending -
(i) on the day on which the
Minister is satisfied that
he or she has received all
further information, and
that all actions have been
taken, in accordance with
a requirement of a notice
under section 149(1); or
(ii) if a review under Part 14
is lodged against the
requirement and the
review is determined in
favour of the applicant -
on the day on which the
applicant receives notice
of the determination of
the review;
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(c) if the applicant has, under
section 151(1), requested the
Minister to amend the permit
application - the period
commencing on the day the
Minister receives the request and
ending on the day the Minister
grants or refuses to grant the
request.
154. Failure by Minister to determine application
If the Minister fails to determine a permit
application within the relevant period
referred to in section 153(1), the Minister
must -
(a) grant the permit application; and
(b) issue under section 158 to the
applicant, within 28 days after
failing to determine the permit
application, a permit on the
conditions the Minister thinks fit
and specifies in the permit in
accordance with section 164.
155. Consideration of permit application
(1) In considering a permit application, the
Minister is to take into consideration -
(a) the matters referred to in
section 141; and
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(b) any representations made under
section 146(1) in relation to the
permit application; and
(c) any advice and comments
received from the Director or
Director of Inland Fisheries; and
(d) any advice and comments
received from a committee
established under section 9 for
the purposes of this Part; and
(e) any information provided, or
actions taken, by the applicant in
compliance with a notice issued
to the applicant under
section 149(1); and
(f) any matters relating to the
potential impact of the dam
works, including but not limited
to -
(i) the potential impact of the
dam works on, or matters
that are relevant to, water
resources and hydrology;
and
(ii) the potential impact of the
dam works on, or matters
that are relevant to,
conservation and
protection of natural
values; and
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(iii) the mitigation or
offsetting of any adverse
impact that may result
from the dam works; and
(iv) the potential impact of the
dam works on the
conservation and
protection of cultural
heritage; and
(v) the potential impact of the
dam works on inland
fisheries; and
(vi) the potential impact of the
dam works on the persons
who take water from a
water resource affected by
the proposed dam works;
and
(vii) the potential impact of the
dam works on the
impoundment area of the
dam or proposed dam;
and
(viii) the potential impact of the
dam works on the
chemical nature and
stability of the material
contained, or to be
contained, in the dam or
proposed dam.
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(2) In considering a permit application, the
Minister may consult any person who the
Minister considers has expertise,
knowledge or skills that are relevant to
the determination of the permit
application.
156. Determination of permit application
(1) In this section -
previous Part 8 means Part 8 of this
Act as in force before the
commencement of the Water
Management Amendment (Dam
Works) Act 2015.
(2) In determining a permit application, the
Minister is to -
(a) seek to further the objectives of
this Act; and
(b) act consistently with -
(i) any relevant State policy;
and
(ii) any relevant approval
guidelines.
(3) After considering a permit application,
the Minister may -
(a) grant the permit application; or
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(b) if the applicant agrees, grant the
permit application subject to the
amendments to the permit
application that the Minister
considers appropriate; or
(c) refuse to grant the permit
application.
(4) The Minister must grant a permit
application if reasonably satisfied that the
proposed dam works -
(a) are consistent with -
(i) the objectives of this Act;
and
(ii) any relevant State policy;
and
(iii) any relevant approval
guidelines; and
(b) will not result in material
environmental harm, serious
environmental harm or
environmental nuisance; and
(c) will not have a significant
adverse impact on other persons
who take water from a water
resource affected by the proposed
dam works; and
(d) will not adversely impact on
public safety.
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(5) Despite subsection (4), the Minister may
refuse to grant a permit application -
(a) if the Minister considers that the
proposed dam works are not, or
that it is not possible for the
proposed dam works to be,
consistent with -
(i) the objectives of this Act;
and
(ii) any relevant State policy;
and
(iii) any relevant approval
guidelines; or
(b) if the Minister considers that the
proposed dam works may -
(i) result in material
environmental harm,
serious environmental
harm or environmental
nuisance; or
(ii) have a significantly
adverse impact on other
persons who take water
from a water resource
affected by the proposed
dam works; or
(iii) adversely impact on
public safety; or
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(c) if the proposed dam works are
wholly or partly within a pipeline
planning corridor and the
Minister considers they are likely
to compromise the safety or safe
operation of the pipeline in that
corridor; or
(d) if the applicant has been
convicted of an offence under this
Part, the previous Part 8 or
Part 8A.
(6) Despite subsection (4), the Minister is to
refuse to grant a permit application if the
EPA Board has assessed the proposed
dam works under section 27(3) of the
EMPC Act and determined that they
must not proceed.
(7) If, within 14 days after the permit
application is made, the Minister
determines it by refusing to grant it, the
Minister is not required to publish or
provide notice under sections 145 and
147.
157. Notification of determination of permit
application
(1) Within 14 days after determining a
permit application, the Minister is to
notify the following persons, in writing,
of the determination:
(a) the applicant;
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(b) the owner of the land in relation
to which the proposed dam works
are proposed in the permit
application;
(c) each person who has lodged a
representation in relation to the
permit application under
section 146(1).
(2) The notice is to include -
(a) if the Minister has refused under
section 156 to grant the permit
application - the reasons for that
refusal; and
(b) if the Minister has made a
determination under
section 156(3)(a) or (b) and the
notice is to the owner of the land
in relation to which the proposed
dam works are proposed in the
permit application - a statement
of the dam safety obligations that
apply to the owner as an owner of
the dam; and
(c) any rights of the person receiving
the notice to apply for a review or
appeal under Part 14; and
(d) the details of any relevant dam
operating notice; and
(e) details of any relevant variation
to a water licence that is to be
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made in accordance with
section 69(2)(fa)(ii).
158. Issue of Division 3 permits
On granting a permit application, the
Minister is to issue the applicant with a
Division 3 permit.
Division 4 - Division 4 permit
159. Entitlement to Division 4 permits
(1) In this section -
clearance and conversion, of a
threatened native vegetation
community, has the same
meaning as in the Forest
Practices Act 1985;
clearing of trees has the same
meaning as in the Forest
Practices Act 1985;
conservation covenant has the same
meaning as in Part 5 of the
Nature Conservation Act 2002;
declared works means specific dam
works, or dam works of a class,
declared by the Minister under
subsection (4) to be works which
require a Division 3 permit;
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harvest has the same meaning as in the
Forest Practices Act 1985;
heritage area has the same meaning as
in the Historic Cultural Heritage
Act 1995;
Heritage Register has the same
meaning as in the Historic
Cultural Heritage Act 1995;
threatened native vegetation
community has the same meaning
as in the Nature Conservation Act
2002.
(2) A person who proposes to undertake dam
works is entitled to a Division 4 permit if
the proposed dam works -
(a) are not on a watercourse; and
(b) relate to a single dam and not to a
group of dams that collectively
store, hold back or impede the
flow of a single body of water;
and
(c) are on land that -
(i) is unvegetated land; or
(ii) is vegetated land on
which the harvest of
timber, or the clearing of
trees, that would be
required as part of the
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dam works is a
circumstance that is
prescribed for the
purposes of section 17(6)
of the Forest Practices
Act 1985; and
(d) do not constitute in whole or in
part the clearance and conversion
of a threatened native vegetation
community unless in a
circumstance that is prescribed
for the purposes of section 17(6)
of the Forest Practices Act 1985;
and
(e) will not take threatened species or
destroy or damage nests of
threatened species; and
(f) are not wholly or partly within a
pipeline planning corridor; and
(g) are not wholly or partly within a
heritage area entered in the
Heritage Register; and
(h) are not subject to a conservation
covenant; and
(i) are not subject to an agreement
under Part 5 of the Land Use
Planning and Approvals Act
1993; and
(j) are on land in relation to which
the person is the owner or, if the
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person is not the owner in respect
of the land, if the owner of land
has given his or her consent, in
writing, to the proposed dam
works; and
(k) will not inundate land owned by
another person, unless the owner
of land has given his or her
consent, in writing, to the
proposed dam works or any
inundation; and
(l) are not declared works.
(3) If a person is uncertain as to whether he
or she is entitled under section 159(2) to
a Division 4 permit, he or she may apply
for a Division 3 permit.
(4) The Minister, by order, may declare
specific dam works, or a class of dam
works, to be dam works that require a
Division 3 permit.
(5) An order under subsection (4) is a
statutory rule.
160. Notice of intention to undertake dam works
(1) A person who, in relation to proposed
dam works, is entitled to a Division 4
permit under section 159(2) is to notify
the Minister, in writing, of the intention
to undertake those dam works.
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(2) A notice -
(a) must be in the approved form;
and
(b) must include the following
information:
(i) the name, address and
contact information of the
person giving the notice;
(ii) the geographical location
of the proposed dam
works;
(iii) a photograph of the
location of the proposed
dam works;
(iv) a description of the dam
in relation to which the
dam works are proposed,
including the height,
storage capacity and the
ANCOLD consequence
category;
(v) a declaration that the
proposed dam works meet
the requirements for
entitlement to a Division
4 permit set out in
section 159(2); and
(c) is to be accompanied by the
prescribed fee.
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161. Division 4 permit taken to be issued to
person if notice given by person
A person is taken to have been issued
with a Division 4 permit if -
(a) the person is eligible for a
Division 4 permit under
section 159; and
(b) a notice under section 160 of the
person's intention to undertake
dam works, and the fee
prescribed for the purposes of
that section, are received by the
Minister from that person; and
(c) the Minister has not issued a
notice under section 162 to the
person.
162. Minister may direct person to apply for
Division 3 permit, &c.
(1) If the Minister has received from a
person a notice under section 160 of the
person's intention to undertake dam
works, the Minister may issue to the
person a notice directing the person to
cease the dam works and to -
(a) apply for a Division 3 permit
before undertaking the dam
works; or
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(b) undertake to the satisfaction of
the Minister, within the periods
specified in the notice or a longer
period allowed by the Minister,
work, or activities, specified in
the notice.
(2) A person to whom a notice has been
issued under subsection (1) must comply
with the notice.
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.
Division 5 - Permits generally
163. Authority of permit
(1) A permit authorises the undertaking, in
accordance with the permit, of the dam
works -
(a) specified in the permit; or
(b) if the permit is a Division 4
permit - specified in the notice
given under section 160 in
relation to the dam works.
(2) Despite subsection (1), a permit does not
authorise the undertaking of the dam
works specified in the permit, or, if the
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permit is a Division 4 permit, specified in
a notice given under section 160 in
relation to the dam works, without -
(a) the further authority of a licence,
permit, approval or other
authorisation, if another Act
requires such a licence, permit,
approval or other authorisation
for the undertaking of the dam
works; or
(b) the consent of the owner of the
land on which those dam works
are to be undertaken.
164. Conditions of Division 3 permit
(1) A Division 3 permit is subject to the
conditions determined by the Minister
and specified in the permit.
(2) The Minister may impose under
subsection (1) conditions relating to any
of the following matters:
(a) the time before which any
activity that the permit authorises
to be carried out must be
commenced;
(b) the time by which any activity
that the permit authorises to be
carried out must be completed;
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(c) the actions and activities that
must be undertaken before the
construction of any works that are
to be undertaken under the
permit;
(d) the investigation, or design
specifications, of the dam works;
(e) the undertaking of the dam
works;
(f) the conservation or protection of
cultural heritage and natural
values;
(g) the mitigation of the impact of the
dam works on the free passage of
fish;
(h) the type of, and the timing of the
development and provision of,
dam safety plans required for the
dam works;
(i) reporting requirements relating to
the dam works;
(j) offset measures and the
requirements associated with
offsets, including the consent by
the owner of land to which the
permit does not relate to the entry
of an offset on the offsets
register;
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(k) the undertaking by a person, or a
person of a class, specified in the
conditions, of the work so
specified;
(l) any matter prescribed in the
regulations;
(m) any other matter the Minister
considers appropriate.
164A. Conditions of Division 4 permit
(1) A Division 4 permit is subject to the
conditions determined by the Minister
under subsection (2).
(2) The Minister, by order, may determine
the conditions to which Division 4
permits are subject in relation to -
(a) engineering and construction; and
(b) dam safety; and
(c) sediment and erosion control; and
(d) any matter prescribed in the
regulations; and
(e) the taking, destruction or
disturbance of any wildlife, or
wildlife products, that is or are
within the meaning of the Nature
Conservation Act 2002; and
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(f) any other matter the Minister
considers appropriate having
regard to the objectives of this
Act.
(3) The Minister may amend or revoke an
order.
(4) An order -
(a) is a statutory rule; and
(b) may be made so as to apply
differently according to matters,
limitations or restrictions,
whether as to time, circumstance
or otherwise, specified in the
order.
(5) For the avoidance of doubt, if the
Minister makes, amends or revokes an
order, that order, amendment or
revocation applies to the holder of a
Division 4 permit when that order,
amendment or revocation takes effect.
164B. Form of Division 3 permit
A Division 3 permit -
(a) is to be in an approved form; and
(b) is to specify the term of the
permit and may specify the day
on which, subject to
section 164C(2)(c), it is to take
effect; and
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(c) is to specify the conditions to
which the permit is subject.
164C. When permit takes effect
(1) In this section -
appeal, in relation to a Division 3
permit, means an appeal under
Part 14 in relation to the granting
of the relevant permit application,
with or without amendment;
review, in relation to a Division 3
permit, means a review under
Part 14 in relation to the granting
of the relevant permit application,
with or without amendment.
(2) A Division 3 permit takes effect -
(a) at the expiration of 14 days after
the day on which the last of the
notices under section 157(1) in
relation to the permit has been
issued, unless paragraph (b) or (c)
applies to the permit; or
(b) if the permit specifies a day on
which it is to take effect - on the
day so specified, unless
paragraph (c) applies to the
permit; or
(c) if an appeal or review has been
instituted in relation to the permit,
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on the day on which the appeal is
determined or abandoned.
(3) A Division 4 permit takes effect 14 days
after the day on which the permit is taken
under section 161 to have been issued.
164D. Term of permit
(1) In this section -
notice of completion has -
(a) in the case of a Division 3 permit,
the same meaning as in
section 164ZA; or
(b) in the case of a Division 4 permit,
the same meaning as in
section 164ZB.
(2) A Division 3 permit has effect for the
term commencing on the day on which it
takes effect and ending -
(a) if the permit specifies a day, not
less than 2 years after the date on
which it is issued, on which it
will expire - on that expiry or at
the end of the period as extended,
if at all, under section 164E; or
(b) on the day on which the Minister,
under section 164ZA(5), notifies
the permit holder that the notice
of completion has been
accepted -
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whichever first occurs.
(3) A Division 4 permit has effect for the
term commencing on the day on which it
is taken to be issued and ending -
(a) on the expiry of the period of 2
years commencing on that day; or
(b) on the day on which the Minister,
under section 164ZB(6), notifies
the permit holder that the notice
of completion has been accepted;
or
(c) on the day on which a notice is
issued under section 162 to the
holder of the permit -
whichever first occurs.
Division 6 - Amending permits
164E. Extension of term of Division 3 permit
(1) Not later than one month before the
expiry of a Division 3 permit, the permit
holder may apply to the Minister for an
extension of the term of the permit.
(2) Section 12A applies to the application.
(3) On receiving an application -
(a) the Minister may extend, once
only, the term of the Division 3
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permit for a period not exceeding
2 years; or
(b) refuse to extend the term of the
Division 3 permit, if the Minister
considers that the dam works will
not be completed within the
period so extended.
164F. Other amendment of permit on application
of permit holder
(1) This section does not apply to an
amendment of a permit by extending its
term.
(2) The holder of a Division 3 permit may
apply to the Minister for an amendment
of his or her permit.
(3) An application -
(a) is to be in accordance with
section 12A; and
(b) if the permit holder is not the
owner of the land to which the
permit relates - is to include a
declaration that the applicant has
notified the owner of the land of
the intention to make the
application.
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164G. Determination of application to amend
permit
(1) In considering an application to amend a
Division 3 permit made under
section 164F the Minister -
(a) is to take into consideration the
matters specified in section 155;
and
(b) is to comply with section 156(2).
(2) After considering an application to
amend a Division 3 permit made under
section 164F, the Minister may -
(a) grant the application and amend
the permit accordingly; or
(b) if the applicant agrees, grant the
application subject to the
amendments to the application
that the Minister considers
appropriate and amend the permit
accordingly; or
(c) refuse to grant the application.
(3) Despite subsection (2), the Minister may
only grant the application under
subsection (2)(a) or (b) if satisfied that
the proposed amendment of the permit -
(a) does not substantially alter the
dam works to which the permit
applies; and
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(b) does not increase the risk of an
event that may affect dam safety
arising from those dam works.
(4) When granting an application under
subsection (2)(a) or (b) and amending the
permit, the Minister may determine
under section 164 conditions to which
the permit is subject.
164H. Notification of determination of application
to amend permit
(1) Within 14 days after determining an
application to amend a permit made
under section 164F, the Minister is to
notify the following persons, in writing,
of the determination:
(a) the applicant;
(b) if the applicant is not the owner
of the land to which the permit
relates - the owner.
(2) If the Minister has refused to grant the
application, or has granted the
application under section 164G(2)(a) or
(b) and imposed conditions on the
permit, the notice is to include -
(a) the reasons for that decision; and
(b) any rights of the person who
receives the notice to apply for a
review or appeal under Part 14.
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164I. Amendment of permit to correct mistakes
On his or her own motion, the Minister
may amend a Division 3 permit -
(a) to correct a mistake that is a
clerical mistake or an error
arising from an accidental slip or
omission; or
(b) to correct an evident
miscalculation of figures or an
evident mistake in the description
of land, other property or a
person; or
(c) to change the name or address of
the person to whom the permit
applies or another name or
address specified in the permit.
164J. Amendment of permit to minimise
environmental harm, &c.
If the Minister considers that the
undertaking of dam works in accordance
with a permit may be, or is, causing
material environmental harm or serious
environmental harm, the Minister may -
(a) if it is a Division 3 permit, amend
the permit, including by varying
or adding conditions under
section 164; or
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(b) take action under section 164ZM
as if a person had been found
guilty of an offence under this
Part; or
(c) take action under Part 8A.
164K. Amendment of permit in accordance with
conditions of Appeal Tribunal
If -
(a) the Appeal Tribunal, on an appeal
in relation to the issue of a dam
operating notice, amends that
notice by varying its conditions
or in any other manner; and
(b) the Minister considers that the
relevant Division 3 permit needs
to be amended so as to be
consistent with that notice as so
amended -
the Minister may so amend the permit.
164L. When amendment takes effect
The amendment of a Division 3 permit
takes effect -
(a) if the Minister specifies in the
amended permit that the
amendment, or the permit as
amended, takes effect on a day
that is later than the day on which
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the amendment is made - on that
specified day; or
(b) if no such day is specified in the
amended permit - on the day on
which the Minister amends the
permit.
164M. Issue of amended permit
If the Minister amends a Division 3
permit, the Minister is to re-issue the
permit, with the amendment incorporated
into it, to the permit holder.
Division 7 - Transfers of permits
164N. Transfer of permit
(1) The holder of a Division 3 permit may
apply to the Minister to transfer the
permit to another person.
(2) An application must -
(a) comply with section 12A; and
(b) if the applicant is not the owner
of the land on which the dam
works specified in the permit are
being, or are to be, undertaken -
be accompanied by the written
permission of the owner of the
land to the making of the
application.
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(3) On receiving an application, the Minister
may approve it or refuse to approve it.
(4) The Minister must approve an
application if -
(a) the application meets the
requirements of section 12A; and
(b) the person to whom the permit is
to be transferred has not been
convicted of an offence,
including by accepting an
infringement notice in respect of
an offence, under this Part or
Part 8A.
(5) If the Minister refuses to grant an
application, the Minister is to notify the
applicant, in writing and as soon as
reasonably practicable, of the refusal and
the reasons for it.
(6) On granting an application, the Minister
is to -
(a) notify in writing the applicant
that the application has been
granted and that he or she is
required to surrender his or her
permit to the Minister; and
(b) notify in writing the person to
whom the permit is transferred
that the application has been
granted and re-issue the permit, in
the person's name, to him or her.
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(7) The transfer of a permit takes effect -
(a) when notice of the granting of the
application is given to the
applicant and the person to whom
the permit is transferred; or
(b) on a later day, determined by the
Minister, that is specified in that
notice.
Division 8 - Registration of offsets for dam works
164O. Interpretation of Division 8
In this Division -
notice of amendment of offset means
a notice of amendment of offset
referred to in section 164U;
notice of cancellation of offset means
a notice of cancellation of offset
referred to in section 164Y;
Recorder means the Recorder of Titles
appointed under section 4(1) of
the Land Titles Act 1980;
Register has the same meaning as in
the Land Titles Act 1980;
registered land has the same meaning
as in the Land Titles Act 1980.
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164P. Offsets register
(1) The Secretary is to establish and
maintain a register of offsets.
(2) The offsets register is to be in the form,
and contain the information relating to
offsets, that the Secretary determines
appropriate.
(3) The Secretary may determine what
information contained in the offsets
register may be made available to the
public and what information is not to be
so available.
(4) The Secretary is to publish on the
website of the Department the
information contained in the offsets
register that he or she has determined
may be made available to the public.
164Q. Application to register offset
(1) An affected permit holder may apply to
the Secretary to register an offset in the
offsets register.
(2) An application must -
(a) comply with section 12A; and
(b) if the offset relates to land not
owned by the applicant - be
accompanied by the written
approval, of the owner of the
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land, to the registration of the
offset; and
(c) be accompanied by the prescribed
fee, if any.
164R. Registration of offset
(1) Subject to subsection (4), after
considering an application to register an
offset, the Secretary may -
(a) approve the application; or
(b) refuse to approve the application.
(2) The Secretary is to register in the offsets
register an offset to which an application
for registration relates, unless
subsection (4) applies in relation to the
application.
(3) The registration of an offset in the
register is to include any conditions,
required to ensure the offset is carried
out, that the Secretary determines and
specifies in the registration.
(4) The Secretary must not approve an
application for registration if -
(a) the Secretary considers that the
offset does not meet the
requirements in relation to an
offset that are required, by a
condition of the permit to which
the offset relates, to be met; or
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(b) approval to register the offset has
not been obtained in accordance
with section 164Q(2)(b).
(5) The Secretary is to notify the affected
permit holder, in writing, of the decision
of the Secretary under subsection (1) in
relation to an application to register an
offset, as soon as reasonably practicable
after making the decision.
164S. Duration of offset
A registered offset remains in effect until
the first of the following occurs:
(a) the activity, measure or action
constituting the offset comes to
its natural end;
(b) the Secretary cancels the
registration of the offset on the
direction of the Minister under
section 164W.
164T. Notice of offset to be lodged with Recorder
(1) If the Secretary considers that a
registered offset affects land, the
Secretary is to lodge with the Recorder a
notice of offset, relating to that offset,
that includes the title reference (volume
and folio) or the other particulars of title
for the land.
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(2) Subsection (1) does not apply to an offset
if the offset is included in -
(a) a conservation covenant, within
the meaning of Part 5 of the
Nature Conservation Act 2002; or
(b) an agreement under Part 5 of the
Land Use Planning and
Approvals Act 1993.
(3) A notice of offset -
(a) is to be in a form approved by the
Recorder; and
(b) is to be lodged with the Recorder,
as soon as practicable after the
relevant offset is entered on the
offsets register, in a manner
approved by the Recorder.
(4) As soon as practicable after a notice of
offset is lodged with the Recorder, the
Recorder must ensure that the notice of
offset is available for viewing by a
person when the person views the
relevant folio of the Register.
(5) If the land to which a notice of offset
relates is not registered land, the
Recorder, as soon as reasonably
practicable after receiving the notice, is
to register a copy of the notice in the
Registry of Deeds in accordance with the
Registration of Deeds Act 1935.
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(6) A notice of offset available for viewing
by a person when the person views the
relevant folio of the Register is not
affected by a subsequent disposition of
the land to which that folio relates or
another subsequent dealing in that land.
(7) For the purposes of proceeding under this
section, the Recorder is entitled to
assume that all necessary pre-requisites
and procedures in respect of the notice
have been complied with.
164U. Amendment of registered offset
(1) Any of the following persons may apply
to the Secretary for an amendment of the
registration of a registered offset:
(a) if the registered offset relates to
land - the owner of the land; or
(b) if the registered offset relates to
water - the owner of the dam to
which the registered offset
relates.
(2) An application must comply with
section 12A and be accompanied by the
prescribed fee, if any.
(3) The Secretary is to grant an application
received by the Secretary and amend the
offsets register by amending the relevant
registered offset -
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(a) after having regard to the
conservation or protection of
natural values and cultural
heritage, if the Secretary is
satisfied that the amendment will
not result in a new, significant
adverse impact or a significant
increase in an adverse impact, on
the environment; and
(b) where the applicant is not an
owner of land to which the
registered offset relates and the
registration of the offset is
amended as requested in the
application - if the Secretary is
satisfied that all such owners
have consented to the making of
the requested amendment of the
registered offset.
(4) The Secretary is to refuse to grant an
application lodged with the Secretary if
not satisfied as to the matters specified in
subsection (3).
(5) If the Secretary grants an application -
(a) the Secretary is to amend the
offsets register by amending the
registered offset in accordance
with the request in the
application; and
(b) the Secretary is to lodge with the
Recorder a notice of amendment
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of offset, if the application relates
to a registered offset referred to in
a notice of offset that has been
lodged with the Recorder in
accordance with section 164T.
(6) A notice of amendment of offset -
(a) is to include the title reference
(folio and volume) to the land
affected by the offset; and
(b) is to be in a form approved by the
Recorder; and
(c) is to be lodged with the Recorder,
as soon as practicable after the
amendment of the relevant offset
is entered on the offsets register,
in a manner approved by the
Recorder.
(7) As soon as practicable after a notice of
amendment of offset is lodged with the
Recorder, the Recorder must ensure that
the notice of offset as so amended is
available for viewing by a person when
the person views the relevant folio of the
Register.
(8) An amendment of the registration of an
offset takes effect when the Secretary
amends the offsets register.
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164V. Amendment of offsets register to correct
mistakes
(1) On his or her own motion, the Secretary
may amend an entry in the offsets
register -
(a) to correct a mistake that is a
clerical mistake or an error
arising from an accidental slip or
omission; or
(b) to correct an evident
miscalculation of figures or an
evident mistake in the description
of land, other property or a
person.
(2) If the Secretary amends an entry in the
offsets register and the entry relates to an
offset referred to in a notice of offset that
has been lodged with the Recorder in
accordance with section 164T, the
Secretary is to lodge with the Recorder a
notice of amendment of offset.
(3) Section 164U(6), (7) and (8) apply to a
notice of amendment of offset under this
section.
164W. Minister may direct cancellation of
registration of offset
(1) The Minister -
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(a) after having regard to the
conservation or protection of
natural values and cultural
heritage; and
(b) if of the opinion that an offset is
no longer required -
may direct the Secretary to cancel the
registration of the offset.
(2) On receipt of a direction under
subsection (1), the Secretary is to -
(a) cancel the registration of the
relevant offset by removing it
from the offsets register; and
(b) notify the following persons, in
writing, of the cancellation of the
registration of the registered
offset:
(i) if the registered offset
relates to land - the owner
of the land; or
(ii) if the registered offset
relates to water - the
owner of the dam to
which the registered
offset relates.
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164X. Cancellation of registered offset when offset
naturally ends
(1) As soon as practicable after the activity,
mitigation, measure or action constituting
a registered offset comes to its natural
end -
(a) if the registered offset relates to
land - the owner of the land; or
(b) if the registered offset relates to
water - the owner of the dam to
which the registered offset
relates -
must notify the Secretary, in writing, of
that fact.
(2) On receiving a notice under
subsection (1), the Secretary is to cancel
the registration of the relevant offset by
removing it from the offsets register.
164Y. Notice of cancellation of offset to be lodged
with Recorder
(1) On cancelling the registration of an offset
by removing it from the offsets register,
the Secretary is to lodge with the
Recorder a notice of cancellation of
offset.
(2) A notice of cancellation of offset -
(a) is to include the title reference
(folio and volume) to the land
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that was affected by the offset;
and
(b) is to be in a form approved by the
Recorder; and
(c) is to be lodged with the Recorder,
as soon as practicable after the
relevant offset is removed from
the offsets register, in a manner
approved by the Recorder.
(3) On receiving a notice of cancellation of
offset, the Recorder of Titles is to
remove from the Register any notice of
offset, and any notice of amendment of
offset, available for viewing by a person
when the person views the relevant folio
of the Register.
164Z. No fees payable under Land Titles Act 1980
No fee is payable under the Land Titles
Act 1980 in relation to the lodgement of a
notice of offset, notice of amendment of
offset or notice of cancellation of offset.
Division 9 - Completion of dam works
164ZA. Completion of dam works under Division 3
permit
(1) Before the expiration of a Division 3
permit and as soon as practicable after
the dam works to which the permit
relates have been completed, the holder
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of the permit must give to the Minister a
notice (the notice of completion), in
writing, of the completion of the dam
works.
Penalty: Fine not exceeding 100 penalty
units.
(2) On receiving a notice of completion, the
Minister may require the permit holder,
in writing, to do one or more of the
following:
(a) provide further information
within the time specified in the
request;
(b) take further action, within the
time specified in the requirement;
(c) notify the Minister, in writing, of
the completion of the further
action the permit holder is
required to take under
paragraph (b).
(3) A permit holder must comply with a
notice under subsection (2).
Penalty: Fine not exceeding 100 penalty
units.
(4) On receiving a notice of completion, or
any further information or notice
required under subsection (2)(a) or (c),
the Minister may accept the notice of
completion.
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(5) On accepting a notice of completion, the
Minister is to -
(a) if the relevant dam works
consisted of -
(i) the construction or
erection of a dam -
register the dam on the
register of dams; or
(ii) the enlargement,
modification, repair or
removal of the dam -
amend any existing
registration of the dam on
the register of dams; and
(b) notify the permit holder, in
writing, of that acceptance.
164ZB. Completion of dam works under Division 4
permit
(1) Within 30 days after the dam works
under a Division 4 permit have been
completed, the permit holder must give
to the Minister a notice (the notice of
completion), in writing, of the
completion of the dam works.
Penalty: Fine not exceeding 200 penalty
units.
(2) The notice of completion is to -
(a) be in the approved form; and
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(b) include a declaration that the dam
works were undertaken and
completed in accordance the
Division 4 permit and its
conditions; and
(c) any other information the
Minister requires for the purposes
of Part 8A.
(3) On receiving a notice of completion, the
Minister may, in writing, require the
permit holder to do one or more of the
following:
(a) provide further information
within the time specified in the
request;
(b) take further action, within the
time specified in the requirement;
(c) notify the Minister, in writing and
within the time specified in the
requirement (if any), of the
completion of the further action
the permit holder is required to
take under paragraph (b).
(4) A permit holder must comply with a
notice under subsection (3).
Penalty: Fine not exceeding 200 penalty
units.
(5) On receiving a notice of completion or
any further information or notice
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required under subsection (3)(a) or (c), or
on being notified that further action
specified in a requirement under
subsection (3)(b) has been taken, the
Minister may -
(a) accept the notice of completion;
or
(b) notify the permit holder, in
writing, that the dam works have
not met the requirements for
entitlement to a Division 4 permit
set out in section 159(2).
(6) On accepting a notice of completion, the
Minister is to -
(a) if the relevant dam works
consisted of -
(i) the construction or
erection of a dam -
register the dam on the
register of dams; or
(ii) the enlargement,
modification, repair or
removal of a dam -
amend any existing
registration of the dam on
the register of dams; and
(b) notify the permit holder, in
writing, of that acceptance.
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Division 10 - Dam operating notices
164ZC. Dam operating notice
(1) The Minister may issue a dam operating
notice in relation to the operation of a
dam for any one or more of the following
purposes:
(a) to ensure that there is no
significant adverse impact on
other water users;
(b) to prevent pollution of water;
(c) to protect the environment,
including the riverine and riparian
environments;
(d) to prevent the inundation of land
not owned by the owner of the
dam.
(2) A dam operating notice may be issued -
(a) at the time an application for a
Division 3 permit is granted and
the permit issued or at any other
time and whether or not a
Division 3 permit is in force; and
(b) to the owners of the dam or one
or more authorised operators of
the dam.
(3) If a dam operating notice is issued to a
person at the same time that an
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application for a Division 3 permit is
granted and the permit is issued to that
person, that person may combine an
application for a review of, or an appeal
against, the notice and an application for
a review of, or appeal against, the permit
or its conditions into a single application
for a review or an appeal under Part 14.
(4) If there is more than one owner of a dam,
or more than one authorised operator of a
dam, on whom the same dam operating
notice is issued, the owners, or the
authorised operators, are jointly and
severally liable for compliance with the
notice.
(5) If a dam operating notice and an
authorisation are inconsistent, the dam
operating notice prevails over the
authorisation to the extent of the
inconsistency.
(6) The Minister, by notice in writing served
on a person to whom a dam operating
notice has been issued, may do one or
more of the following:
(a) amend the dam operating notice
by extending the period for which
it is in force;
(b) amend the dam operating notice
by adding a new requirement or
condition or varying or omitting
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an existing requirement or
condition;
(c) revoke the dam operating notice.
(7) A dam operating notice and a notice
under subsection (6) take effect on the
day specified in the notice.
164ZD. Details of dam operating notice
A dam operating notice -
(a) is to specify the person to whom
it is issued by name or by a
description of the person
sufficient to identify him or her;
and
(b) is to specify the reasons for its
issue; and
(c) may require the person to whom
it is issued to take the measures
specified in it for one or more of
the following purposes:
(i) to ensure that the
operation of the dam will
not have a significant
adverse impact on other
water users or cause
material environmental
harm or serious
environmental harm;
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(ii) to prevent the inundation
of land not owned by the
owner of the dam; and
(d) may contain the conditions,
determined by the Minister, to
which it is subject.
164ZE. Period of dam operating notice
A dam operating notice has effect until
the first of the following occurs:
(a) the period for which the dam
operating notice specifies that it
has effect expires;
(b) the dam operating notice is
revoked.
164ZF. Notification of cessation of duties under dam
operating notice
(1) In this section -
responsible person means a person -
(a) who is responsible for an activity,
measure or action specified in a
dam operating notice; or
(b) who was responsible as specified
in paragraph (a) but has ceased to
be so responsible.
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(2) Either before, when, or not later than 30
days after, a responsible person to whom
a dam operating notice has been issued
ceases to be the responsible person, he or
she must notify the Minister, in writing,
of -
(a) the cessation and the date of the
cessation; and
(b) if another person is to become, or
has become, a responsible person
in his or her stead - the name and
contact details of the other
person.
Penalty: Fine not exceeding 10 penalty
units.
164ZG. Transfer of dam operating notice
(1) On receiving a notice from a person (the
original responsible person) under
section 164ZF(2) -
(a) that the person is ceasing, or has
ceased, to be responsible for an
activity, measure or action
specified in a dam operating
notice issued to him or her; and
(b) of the name and contact details of
another person who is assuming,
or has assumed, responsibility for
that activity, measure or action
(the new responsible person) -
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the Minister may amend the dam
operating notice by substituting the name
of the new responsible person for the
name of the original responsible person.
(2) On the amendment of the dam operating
notice -
(a) the Minister is to issue the dam
operating notice, with the
amendment incorporated, to the
new responsible person; and
(b) the original operating person
ceases to be bound by the dam
operating notice.
(3) A new responsible person is not entitled
under Part 14 to apply for a review in
relation to, or appeal against, the issue of
a dam operating notice to him or her
under this section.
164ZH. Amendment of dam operating notice to
correct mistakes
On his or her own motion, the Minister
may amend a dam operating notice -
(a) to correct a mistake, if the
mistake is a clerical mistake or an
error arising from an accidental
slip or omission; or
(b) to correct a mistake, if the
mistake is an evident
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miscalculation of figures or an
evident mistake in the description
of land, other property or a
person; or
(c) to change the name or address of
the person to whom the notice
relates.
Division 11 - Offences
164ZI. Offence to contravene permit conditions
The holder of a permit must not
contravene a condition to which the
permit is subject.
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.
164ZJ. Offence to contravene dam operating notice
or conditions
(1) A person who has been issued with a
dam operating notice must not
contravene -
(a) the notice; or
(b) a condition to which the notice is
subject.
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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) If a dam operating notice, or a condition
to which the notice is subject, is
contravened by a person to whom the
notice is issued, each other person to
whom the notice is issued is jointly and
severally liable in relation to the
contravention.
164ZK. Offence to contravene registered offset
(1) If a registered offset relates to land, the
owner of the land must comply with the
registered offset.
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) If a registered offset relates to water, the
owner of the dam to which the registered
offset relates must comply with the
registered offset.
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.
164ZL. No defence of authority being given, if
threatened species or their nest taken
It is not a defence, in any proceedings for
an offence under this Act or any Act in
relation to the taking by a person of a
threatened species, or of a nest of a
threatened species, that the person was
the holder of a Division 3 permit or a
Division 4 permit.
164ZM. Ministerial action following contravention of
Part
(1) If a person is found guilty of an offence
under this Part in relation to dam works
or a dam operating notice, the Minister
may require, in writing, any one or more
of the following persons to take the
action specified in the requirement,
whether or not the person so required to
take action is the person who is found
guilty of the offence:
(a) the person who is or was the
relevant permit holder;
(b) the owner of the relevant dam or
an authorised operator of the
dam;
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(c) the owner or occupier of land on
which the dam or dam works is or
was situated or undertaken.
(2) The requirement -
(a) is to specify the person's rights to
apply for a review, or appeal
against, the requirement under
Part 14; and
(b) may require -
(i) the emptying, breaching,
modification or removal
of the relevant dam; or
(ii) the undertaking of work
to repair damage to the
site of the relevant dam
works; or
(iii) the undertaking of actions
to ensure compliance with
a dam operating notice or
its conditions; or
(iv) in the case of dam works
being undertaken under a
Division 4 permit - the
cessation of the dam
works and the making
under section 144 of an
application for a Division
3 permit; or
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(v) any other action the
Minister considers
appropriate in the
circumstances.
(3) A person must comply with a
requirement.
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.
(4) If a person fails to comply with a
requirement -
(a) the Minister may authorise a
person, in writing, to enter on the
relevant land and take any action
specified in the requirement and
such other action as may be
necessary or desirable to make
good any damage caused by the
failure to comply with the
requirement; and
(b) the expenses reasonably incurred
by the Crown in the taking of
action by the person authorised
under paragraph (a) -
(i) are a debt due and owing
by the person who failed
to comply with the
requirement; and
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(ii) may be recovered in a
court of competent
jurisdiction.
(5) A person authorised under subsection (1)
or subsection (4)(a) to take action as
stated in that subsection is not required to
obtain a permit unless the Minister, in the
authorisation, so specifies.
Division 12 - Miscellaneous
164ZN. Minister to prepare annual report
(1) The Minister, on or before 1 October in a
year, is to prepare a report in relation to
the performance and exercise of his or
her functions and powers under this Part
in relation to the immediately preceding
financial year.
(2) A report prepared under subsection (1) is
to be published on the website of the
Department for a period of not less than
12 months.
165. Review to be conducted
(1) The Minister is to conduct, in accordance
with the terms of review that are
prescribed, an annual review of the
operation of administrative processes
under this Part.
(2) The Minister may consult with any
persons he or she thinks fit for the
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purposes of conducting the annual
review.
(3) This section ceases to apply in the year
after the sixth year from the date on
which this section commences.
21. Section 165C amended (Functions of Minister)
Section 165C of the Principal Act is amended by
omitting paragraph (b).
22. Section 165F amended (Referral of applications
under another enactment)
Section 165F of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Assessment Committee" and
substituting "Minister";
(b) by omitting from subsection (2)
"Assessment Committee -" and
substituting "Minister -";
(c) by omitting from subsection (2)(a)
"Committee" first occurring and
substituting "Minister";
(d) by omitting from subsection (2)(a)
"Committee" second occurring and
substituting "he or she";
(e) by inserting in subsection (2)(a) ",
including a condition consisting of a
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requirement that the person report to the
Minister in relation to the person's
compliance with any condition of the
approval or permit" after "works";
(f) by omitting from subsection (3)
"Assessment Committee" and
substituting "Minister";
(g) by omitting from subsection (3) "permit
under section 146" and substituting
"Division 3 permit";
(h) by omitting from subsection (3)(a)
"sections 149 and 152;" and substituting
" sections 146, 147 and 148;";
(i) by omitting paragraph (b) from
subsection (3) and substituting the
following paragraph:
(b) the provisions of section 156
relating to the granting or refusal
of an application for a Division 3
permit do not apply; and
(j) by omitting from subsection (3)(c)
"Committee" and substituting "Minister";
(k) by omitting from subsection (4)
"Assessment Committee" and
substituting "Minister";
(l) by omitting from subsection (5)
"Assessment Committee" and
substituting "Minister".
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23. Section 165K amended (Operation and
maintenance manuals)
Section 165K of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "the
owner to -" and substituting "the owner
to the Minister.";
(b) by omitting paragraphs (a) and (b) from
subsection (1);
(c) by omitting from subsection (3) "or
Assessment Committee".
24. Section 165L amended (Directions for maintenance,
&c., of dams)
Section 165L of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from
subsection (4);
(b) by omitting from subsection (8)
"granted" and substituting "issued".
25. Section 165V substituted
Section 165V of the Principal Act is repealed
and the following sections are substituted:
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165V. No requirement for permit where dam
works required by direction or notice
A person required by direction or notice
under section 165L, 165N or 165P to
undertake dam works is not required to
obtain a permit under Part 8 in relation to
those dam works.
165W. Registration of dams
(1) The Minister, by order, may declare that
a dam of a height, storage capacity,
ANCOLD consequence category,
location or type be registered with the
Secretary within the period, if any,
specified in the order as the period within
which the dam must be registered.
(2) An order under subsection (1) is not a
statutory rule.
(3) The owner of a dam that is required
under subsection (1) to be registered with
the Secretary must give to the Secretary a
notice, in the approved form, that -
(a) states his or her name, address
and contact information; and
(b) states the name, address and
contact information of any other
owner of the dam; and
(c) specifies the geographical
location of the dam; and
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(d) includes a description of the dam,
including its height, storage
capacity, ANCOLD consequence
category and type.
Penalty: Fine not exceeding 100 penalty
units.
(4) For the purposes of subsection (3), if an
owner of a dam has given the notice
required by that subsection, all other
owners of the dam are taken to have
given notice under that subsection.
(5) On receiving a notice, the Secretary, in
writing, may require the owner who gave
that notice to provide the Secretary with
the further information specified in the
requirement for the purposes of allowing
the Minister to obtain information and
keep records on matters relating to the
safety of dams under Part 8A.
(6) An owner who receives a requirement
under subsection (5) must comply with
that requirement.
Penalty: Fine not exceeding 100 penalty
units.
165X. Minister may assign, &c., ANCOLD
consequence category
(1) The Minister may -
(a) assign an ANCOLD consequence
category to a dam; or
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(b) review or alter the assignment to
a dam of an ANCOLD
consequence category.
(2) The Minister must give notice to the
owner of land on which is situated a
dam -
(a) to which an ANCOLD
consequence category is assigned
under subsection (1); or
(b) to which an alteration of the
assignment to a dam of an
ANCOLD consequence category
relates.
(3) If an ANCOLD consequence category is
assigned, or altered, under subsection (1),
in relation to a dam, the dam is to be
taken to be a dam to which that
ANCOLD consequence category is
assigned.
26. Section 185 amended (Requirements for permits)
Section 185 of the Principal Act is amended by
omitting "permit in respect of dam works under
Division 4 of Part 8" and substituting "permit
under Part 8".
27. Section 263 amended (Correction of notation of
demerit points)
Section 263 of the Principal Act is amended as
follows:
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(a) by inserting in subsection (1) "of
licences, water allocations and permits"
after "register";
(b) by inserting in subsection (2) "of
licences, water allocations and permits"
after "register".
28. Section 270 amended (Interpretation of Division)
Section 270 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d) "section
80(4)(a)" and substituting "section
80(2)(a)";
(b) by omitting paragraph (e) and
substituting the following paragraph:
(e) in respect of a refusal under
section 80(2)(b) -
(i) the licensee; and
(ii) a person with a financial
interest in the licence or a
water allocation of the
licence;
(c) by omitting paragraph (i);
(d) by omitting paragraph (l);
(e) by inserting the following paragraphs
after paragraph (ld):
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(le) in respect of a determination
under section 144(3) that an
application for a Division 3
permit does not comply with the
relevant requirements, the
applicant;
(lf) in respect of a requirement under
section 149, the applicant for the
permit to which the requirement
relates;
(lg) in respect of a determination
under section 156 of an
application for a Division 3
permit -
(i) the applicant; and
(ii) a person who made a
representation under
section 146 in relation to
the application;
(lh) in respect of a notice under
section 162, the person
undertaking the dam works to
which the notice relates;
(li) in respect of the imposition of
conditions on a Division 3 permit
under section 164 -
(i) the holder of the permit;
and
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(ii) a person who made a
representation under
section 146 in relation to
the application to which
the permit relates;
(lj) in respect of a refusal to extend
the term of a Division 3 permit
under section 164E, the applicant
for the extension;
(lk) in respect of a refusal to amend a
permit under section 164G, the
applicant for the amendment;
(lm) in respect of the issuing to the
holder of a permit of a
requirement under
section 164ZA(2), the holder of
the permit;
(ln) in respect of the issuing to the
holder of a permit of a
requirement under
section 164ZB(3), the holder of
the permit;
(lo) in respect of the issue under
section 164ZC of a dam operating
notice, the person to whom the
notice is issued;
(lp) in respect of a requirement or
direction under section 164ZM or
section 282(3) -
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(i) the person on whom the
notice of the requirement
or direction is served; and
(ii) where the notice of the
requirement or direction
is served on a person
other than the owner of
the relevant land, the
owner or occupier of that
land;
(f) by omitting paragraph (m).
29. Section 271 amended (Reviewable decisions)
Section 271(1) of the Principal Act is amended
as follows:
(a) by omitting paragraph (d);
(b) by omitting from paragraph (f) "135,
145,";
(c) by omitting paragraph (h);
(d) by inserting the following paragraphs
after paragraph (jd):
(je) a determination under
section 144(3) that an application
for a Division 3 permit does not
comply with the relevant
requirements;
(jf) a requirement under section 149;
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(jg) a determination under section 156
of an application for a Division 3
permit;
(jh) a notice under section 162;
(ji) the imposition of conditions on a
Division 3 permit under
section 164;
(jj) a refusal to extend the term of a
Division 3 permit under
section 164E;
(jk) a refusal to amend a permit under
section 164G;
(jl) a requirement under
section 164ZA(2);
(jm) a requirement under
section 164ZB(3);
(jn) the issue under section 164ZC of
a dam operating notice;
(jo) a requirement or direction under
section 164ZM or section 282(3);
30. Section 274 amended (Interpretation of Division)
Section 274(1) of the Principal Act is amended
by omitting paragraphs (d) and (e).
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31. Section 275 amended (Appealable decisions)
Section 275 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (i) ", 135,
147 or 282(3)";
(b) by omitting paragraph (j) and
substituting the following paragraphs:
(j) a determination under
section 156;
(ja) the imposition of conditions on a
Division 3 permit under
section 164;
(jb) the issue under section 164ZC of
a dam operating notice;
(jc) a requirement or direction given
under section 164ZM or
section 282(3);
(c) by omitting paragraph (l).
32. Section 276 amended (Appeal to Appeal Tribunal)
Section 276(4) of the Principal Act is amended
by omitting "grant or refusal of a permit under
Part 8" and substituting "determination under
section 156 of an application for a Division 3
permit, the issue under section 164ZC of a dam
operating notice or both those matters in
combination".
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33. Section 278 amended (Form of appeal to Appeal
Tribunal)
Section 278(3) of the Principal Act is amended
by omitting "grant or refusal of a permit," and
substituting "determination of an application for
a Division 3 permit,".
34. Section 279 amended (Determination of appeal)
Section 279 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)
"Minister, Assessment Committee" and
substituting "Minister";
(b) by omitting from subsection (1)(b)
"Minister, Committee" and substituting
"Minister";
(c) by omitting from subsection (1A) "grant
or refusal of a permit," and substituting
"determination of an application for a
Division 3 permit,";
(d) by omitting from subsection (2) "grant or
refusal of a permit under Part 8," and
substituting "determination of an
application for a Division 3 permit,".
35. Section 279A amended (Compensatory orders for
gas pipeline safety detriments)
Section 279A of the Principal Act is amended as
follows:
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(a) by omitting "a permit;" from paragraph
(a) of the definition of appeal in
subsection (1) and substituting "an
application for a Division 3 permit;";
(b) by omitting "a permit;" from paragraph
(b) of the definition of appeal in
subsection (1) and substituting "an
application for a Division 3 permit;";
(c) by inserting "Division 3" after "a" in the
definition of representations in
subsection (1);
(d) by omitting "Assessment Committee"
from the definition of representations in
subsection (1) and substituting "Minister
under section 146";
(e) by omitting from subsection (2) "a
permit" and substituting "a Division 3
permit";
(f) by omitting from subsection (3) "an
applicant not being granted a permit" and
substituting "an application for a
Division 3 permit being refused";
(g) by omitting from subsection (3)(a)
"permit is not being granted" and
substituting "application is being
refused";
(h) by omitting from subsection (3)(b) "not
being granted the permit;" and
substituting "the application for the
permit being refused;".
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36. Section 293 amended (Evidentiary provision for
documents)
Section 293(1) of the Principal Act is amended
by inserting "granted or issued under this Act "
after "a licence or permit".
37. Section 296 amended (Compensation not payable
for stopping, &c., flow of water)
Section 296 of the Principal Act is amended by
inserting "granted or issued under this Act" after
"permit".
38. Section 297A inserted
After section 297 of the Principal Act, the
following section is inserted in Division 3:
297A. Service of notices and other documents
Except as otherwise specified in this Act,
a notice or other document is issued to,
or served on, a person if -
(a) in the case of a natural person, it
is handed to the person or -
(i) left at, or sent by post to,
the person's postal or
residential address or
place or address of
business or employment;
or
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(ii) provided by way of
facsimile to the person's
facsimile number at the
place or address of
business or employment;
or
(iii) provided by electronic
mail to the electronic
address of the person -
that is last known by the person
issuing the notice or other
document or that is provided to
that person by the person to
whom the notice or other
document is issued or served; or
(b) in the case of any other person, it
is -
(i) left at, or sent by post to,
the person's principal or
registered office or
principal place of
business; or
(ii) provided by way of
facsimile to the facsimile
number, of the person's
principal or registered
office or principal place
of business; or
(iii) provided by way of
electronic mail to the
electronic address, of the
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person's principal or
registered office or
principal place of
business -
that is last known by the person
issuing the notice or other
document or that is provided to
that person by the person to
whom the notice or other
document is issued or served.
39. Section 300B inserted
After section 300A of the Principal Act, the
following section is inserted in Division 3:
300B. Calculation of number of days
A reference in this Act to a period of a
number of days does not include -
(a) a statutory holiday within the
meaning of the Statutory
Holidays Act 2000; or
(b) any day between Boxing Day (26
December) and the following
New Year's Day (1 January).
40. Schedule 2 repealed
Schedule 2 to the Principal Act is repealed.
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41. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 115