Water Management Amendment Regulations 2002

Water Management Amendment Regulations 2002

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Water Management Act 1999 .

22 April 2002

W. J. E. Cox

Lieutenant-Governor

By His Excellency's Command,

D. E. Llewellyn

Minister for Primary Industries, Water and Environment

1.   Short title

These regulations may be cited as the Water Management Amendment Regulations 2002 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Water Management Regulations 1999 are referred to as the Principal Regulations.

4.    Regulation 4 amended (Rights to take water)

Regulation 4 of the Principal Regulations is amended by inserting after subregulation (3) the following subregulation:

(4)  On conviction of a licensee for an offence under this regulation or on acceptance of a water infringement notice in respect of any such offence, 3 demerit points are allocated to his or her licence.

5.    Regulation 8 amended (Other field management fees)

Regulation 8(2) of the Principal Regulations is amended as follows:

(a) by omitting paragraphs (a) and (b) and substituting the following paragraphs:

(a) the State is divided into 8 regions as delineated in Plan No. 5278 in the Central Plan Register, a reduced copy of which is set out by way of illustration in Schedule 3 ; and

(b) each region is more particularly delineated in the several plans in the Central Plan Register indicated on Plan No. 5278; and

(b) by omitting from paragraph (c) "catchment area" twice occurring and substituting "region".

6.    Part 4 inserted

After regulation 14 of the Principal Regulations , the following Part is inserted:

PART 4 - Enforcement

Division 1 - Water infringement notices

15.   Penalties on service of water infringement notices

The penalties specified in column 4 of the table in Schedule 5 are prescribed as the penalties for offences committed under the Act where a water infringement notice is served on the offender for the relevant offence.

Division 2 - Demerit points

16.   Allocation of demerit points

(1)  For the purposes of section 257 of the Act, where a licensee accepts a water infringement notice, demerit points are allocated to his or her licence in accordance with Schedule 5 .

(2)  For the purposes of subregulation (1) , the number of demerit points to be allocated is the number specified in column 5 of the table in Schedule 5 opposite the relevant offence.

17.   Demerit points for convictions

(1)  This regulation applies to an offence under section 52 , 61 , 82 , 92 , 227 , 228 , 232 , 234 , 235 , 236 , 246 , 281 , 282 , 283 or 284 of the Act unless a court has suspended or cancelled the relevant licence under section 106(1) of the Act.

(2)  If a licensee is convicted of an offence to which this regulation applies, demerit points are allocated to his or her licence in accordance with Schedule 5 unless the court is satisfied that, in view of mitigating circumstances, a lesser number of demerit points should be allocated.

(3)  For the purposes of subregulation (2) , the number of demerit points to be allocated is the number specified in column 5 of the table in Schedule 5 opposite the relevant offence.

18.   Duration of demerit points

Demerit points remain in force for a period of 3 years.

19.   Suspension of licence

(1)  For the purposes of section 106(2) of the Act –

(a) the prescribed number of demerit points is 12; and

(b) a suspension of a licence is for a period of 3 months commencing on the date of conviction for the last of the relevant offences or the date of acceptance of the relevant water infringement notice.

(2)  The period of suspension is not affected by the fact that any of the demerit points would expire during that period or that the period is postponed under this regulation.

(3)  The period of suspension cancels all demerit points on which it is based but does not affect any demerit points allocated for an offence committed during that period.

20.   Licences for limited periods

(1)  This regulation applies in a case where it is a condition of a licence that water may be taken only during certain periods of the year.

(2)  If the date on which a suspension under this Division would commence is at a time when the relevant licence does not permit the taking of water, the period of suspension commences on the next day on which the licence would otherwise permit the taking of water.

(3)  If the period of suspension under this Division would not be completed before the end of the period during which the licence permits the taking of water, the balance of the period of suspension is carried forward so as to commence on the first day on which the licence would permit the taking of water.

21.   Cancellation of licence

(1)  Where a licence has been suspended under regulation 19 and, within 3 years after the completion of the period of suspension, the licence would, but for this regulation, again be suspended under that regulation, the licence is taken to be cancelled.

(2)  Subregulation (1) does not apply in a case where there has been an absolute transfer of a licence under Division 4 of Part 6 of the Act since the previous period of suspension.

22.   Transfer of demerit points

A transfer of a licence as mentioned in section 262(1) of the Act does not affect the allocation of any demerit points to that licence or the period during which they remain in force.

7.    Schedules 2 and 3 substituted

Schedules 2 and 3 to the Principal Regulations are rescinded and the following Schedule is substituted:

SCHEDULE 3 - Index plan of regions

Regulation 8(2)(a)

8.    Schedule 5 inserted

After Schedule 4 to the Principal Regulations , the following Schedule is inserted:

SCHEDULE 5 - Penalties in case of water infringement notices and demerit points

Regulations 15 , 16 and 17

Column 1	Column 2	Column 3	Column 4	Column 5
Section of Act	Nature of offence	Maximum penalty under Act	Penalty in case of water infringement notice	Demerit points
52	Taking water otherwise than under section 48 of the Act	20 penalty units and a daily penalty of 2 penalty units	1 penalty unit	2
54(4)	Taking water without a licence	500 penalty units and a daily penalty of 50 penalty units	1 penalty unit for first offence; 2 penalty units for second offence within 12 months of first offence, 5 penalty units for third offence within 24 months after first offence.	Nil
61(8)	Failure to provide details of financial interest in a licence	10 penalty units	1 penalty unit	2
82(2)	Breach of licence	500 penalty units and a daily penalty of 50 penalty units	1 penalty unit for first offence; 2 penalty units for second offence within 12 months of first offence, 5 penalty units for third offence within 24 months after first offence.	4
92(4)	Contravention of notice of water restrictions	500 penalty units and a daily penalty of 50 penalty units	1 penalty unit for first offence; 2 penalty units for second offence within 12 months of first offence, 5 penalty units for third offence within 24 months after first offence.	4
136	Contravention of notice re dangerous dam	50 penalty units and a daily penalty of 5 penalty units	2 penalty units and a daily penalty of 0.5 penalty units	Nil
146(3)	Undertake dam works without a permit or in contravention of a permit	200 penalty units and a daily penalty of 20 penalty units	2 penalty units and a daily penalty of 0.5 penalty units	Nil
147(4)	Contravention of notice for dam works	50 penalty units and a daily penalty of 5 penalty units	4 penalty units and a daily penalty of 1 penalty unit	Nil
148(3)	Obtaining dam permit by false representation or declaration	20 penalty units	1 penalty unit	Nil
199	Offences in relation to water district	50 penalty units	1 penalty unit	Nil
222	Failure to allow inspection of trust accounts	5 penalty units	0.5 penalty units	Nil
227(4)	Taking water otherwise than through meter unless authorised	50 penalty units and a daily penalty of 5 penalty units	1 penalty unit	3
227(5)	Not maintain a meter in working order	50 penalty units and a daily penalty of 5 penalty units	1 penalty unit and a daily penalty of 0.5 penalty units	3
228(1)	Interfere with or injure meter	50 penalty units and a daily penalty of 5 penalty units	1 penalty unit and a daily penalty of 0.5 penalty units	3
232(4)	Removal or alteration of position of meter	50 penalty units and a daily penalty of 5 penalty units	1 penalty unit and a daily penalty of 0.5 penalty units	3
234	False reading of meter	10 penalty units	1 penalty unit	3
235(2)	Hinder person reading, &c., meter	5 penalty units	1 penalty unit	2
236	Failure to take reasonable steps to protect meter	10 penalty units and a daily penalty of 1 penalty unit	1 penalty unit	2
239	Failure to return identity card on ceasing to be authorised officer	5 penalty units	0.5 penalty units	Nil
246(2)	Failure to comply with direction of authorised officer	50 penalty units and a daily penalty of 5 penalty units	1 penalty unit and a daily penalty of 0.5 penalty units	4
281(1)	Interfere with property of Minister or water entity	50 penalty units	1 penalty unit	3
281(2)	Interfere with infrastructure of water entity	50 penalty units	1 penalty unit	3
281(3)	Interfere with property or infrastructure in contravention of a condition	50 penalty units	1 penalty unit	3
282(5)	Contravention of notice to prevent or make good damage caused in taking water	50 penalty units	1 penalty unit	4
283	Providing false or misleading information	50 penalty units	1 penalty unit	3
284	Hinder, &c., persons administering Act	50 penalty units	1 penalty unit	3

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

Notified in the Gazette on 1 May 2002

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Water Management Regulations 1999 to make provision for –

(a) penalties applicable to water infringement notices; and

(b) the allocation of demerit points to water licences; and

(c) the inclusion of a plan showing the division of the State into 8 regions for the purposes of these regulations.