Water Management Amendment Regulations 2003
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 .
1 December 2003w. j. e. cox
Lieutenant-Governor
By His Excellency's Command,
Bryan Green
Minister for Primary Industries, Water and Environment
These regulations may be cited as the Water Management Amendment Regulations 2003 .
These regulations take effect on the day on which their making is notified in the Gazette.
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(1) of the Principal Regulations is amended as follows:(a) by omitting from paragraph (e) "7" and substituting "8.5";(b) by omitting from paragraph (f) "0.5" and substituting "20.0";(c) by omitting paragraph (g) and substituting the following paragraphs:(g) for watering chickens, 3.0 litres a day for each 10 head; or(h) for watering turkeys, 5.5 litres a day for each 10 head.
5. Regulation 27 amended (Notice of election)
Regulation 27(1) of the Principal Regulations is amended by omitting "21" and substituting "28".
6. Regulation 36 amended (Electoral roll)
Regulation 36(3) of the Principal Regulations is amended by omitting "48 hours before polling day" and substituting "10 days after the date on which notice is given under regulation 27(1) ".
7. Regulations 46A , 46B , 46C and 46D inserted
After regulation 46 of the Principal Regulations , the following regulations are inserted in Division 2:(1) The returning officer is to send or deliver during the polling period to each elector, at the address shown on the list of electors, the following:(a) ballot material;(b) any other document that the returning officer considers appropriate.(2) Any envelopes used for the return of ballot papers by an elector –(a) are to be approved by the returning officer; and(b) are to make provision on one of those envelopes for the elector to sign a declaration; and(c) are to be designed to protect the secrecy of the vote.(3) A declaration under subregulation (2) is to state that the elector –(a) is the person named on the envelope; and(b) has voted on the ballot paper in the envelope.(4) Statements of candidates are to be –(a) in accordance with any requirements approved by the returning officer; and(b) printed in a format approved by the returning officer.The elector, in accordance with the instructions, is to –(a) mark the ballot paper; and(b) place it in the envelope or envelopes provided; and(c) sign the declaration; and(d) send it by post, or deliver it, so that it is received before the end of the polling period by the returning officer.46C. Supplementary issue of ballot material
(1) The returning officer, if there is reasonable time to do so, is to send or deliver, or provide in person, supplementary ballot material to an elector if satisfied that the elector –(a) has not received the original documents; or(b) has spoiled any of the original ballot material sent to him or her; or(c) is entitled to vote but is not on the list of electors; or(d) is to be absent from the address shown on the list of electors for part or all of the polling period.(2) Supplementary ballot material is to be sent or delivered to the address shown on the list of electors unless a person referred to in subregulation (1)(d) nominates another address.(3) A record is to be kept in a form approved by the returning officer of –(a) the name and address of a person issued with supplementary ballot material; and(b) the reason for that issue.46D. Ballot papers not to be accepted
A ballot paper is not to be accepted if it is –(a) received by the returning officer after the end of the polling period; or(b) not contained in an envelope approved under regulation 46A(2) ; or(c) contained in an envelope, approved under regulation 46A(2) , on which the declaration has not been signed as required under regulation 46B(c) ; or(d) received from a person who is not entitled to vote.
8. Schedule 4 amended (Miscellaneous fees)
Schedule 4 to the Principal Regulations is amended by omittingand substituting:
146
application for dam permit
25 fee units plus 20 fee units for each 0.5 hours spent in processing application but not exceeding 250 fee units, plus 40 fee units where the application requires a notice under section 71 of the Act
171
application to establish water district
25 fee units plus 20 fee units for each 0.5 hours spent in processing application, plus 40 fee units where the application requires a notice under section 174 of the Act
146
application for dam permit
25 fee units plus 20 fee units for each 0.5 hours spent in processing application but not exceeding 250 fee units, plus 40 fee units where the application requires a notice under section 154 of the Act
171
application to establish water district
25 fee units plus 20 fee units for each 0.5 hours spent in processing application, plus 40 fee units where the application requires a notice under section 175 of the Act
9. Schedule 5 amended (Penalties in case of water infringement notices and demerit points)
(1) Schedule 5 to the Principal Regulations is amended by omittingand substituting:
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
54(1)
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(1)
Failure to provide details of financial interest in a licence
10 penalty units
1 penalty unit
2
82(1)
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
(2) Schedule 5 to the Principal Regulations is further amended by omitting.
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
(3) Schedule 5 to the Principal Regulations is further amended by omittingand substituting:
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
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
8 penalty units and a daily penalty of 2 penalty unit for first offence; 16 penalty units and a daily penalty of 4 penalty units for second offence
Nil
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 10 December 2003
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 –(a) by increasing the maximum amount of water which may be taken for watering livestock; and(b) by revising the procedure to be followed for elections of trustees under Schedule 3 to the Water Management Act 1999 ; and(c) by correcting incorrect references in the Schedules providing for miscellaneous fees and infringement notice penalties.