Water Management Amendment Regulations 2004

Water Management Amendment Regulations 2004

I, the 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 .

7 June 2004

RICHARD BUTLER

Governor

By His Excellency's Command,

STEVEN KONS

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Water Management Amendment Regulations 2004 .

2.   Commencement

These regulations take effect on 1 July 2004.

3.   Principal Regulations

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

4.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended as follows:

(a) by inserting the following definition after the definition of Act :

ADQ means the average daily quantity of water, expressed in megalitres, permitted to be taken under a licence;

(b) by omitting the definition of MDQ .

5.    Regulation 5 amended (Administrative fees )

Regulation 5 of the Principal Regulations is amended by omitting "33" and substituting "38.3".

6.    Regulation 6 amended (Field management fees )

Regulation 6 of the Principal Regulations is amended as follows:

(a) by omitting the table from subregulation (2) and substituting the following table:

Region	1	2	3	4	5	6	7	8
Fee units	18	19.2	11.1	46.5	17.7	76.9	11.8	35.5

(b) by omitting the table from subregulation (3) and substituting the following table:

Region	1	2	3	4	5	6	7	8
Fee units	9	9.6	5.5	23.3	8.9	38.4	5.9	17.7

7.    Regulation 8 amended (Other field management fees)

Regulation 8(1) of the Principal Regulations is amended by omitting "MDQ" and substituting "ADQ".

8.    Regulation 9 amended (Rebate of fees)

Regulation 9 of the Principal Regulations is amended by omitting "the Derwent River,".

9.    Schedule 1 amended (Field management fees)

Schedule 1 to the Principal Regulations is amended by omitting the table and substituting:

Part of ADQ	Region 1	Region 2	Region 3	Region 4	Region 5	Region 6	Region 7	Region 8
less than 0.1 megalitre	51 fee units	51 fee units	51 fee units	51 fee units	51 fee units	51 fee units	51 fee units	51 fee units
more than 0.1 but less than or equal to 2.0 megalitres	51 plus 510 x (ADQ – 0.1) fee units	51 plus 118 x (ADQ – 0.1) fee units	51 plus 11 x (ADQ – 0.1) fee units	51 plus 643 x (ADQ – 0.1) fee units	51 plus 50 x (ADQ – 0.1) fee units	51 plus 114 x (ADQ – 0.1) fee units	51 plus 11 x (ADQ – 0.1) fee units	51 plus 172 x (ADQ – 0.1) fee units
more than 2.0 but less than or equal to 5.0 megalitres	1020 plus 26 x (ADQ – 2) fee units	275 plus 6 x (ADQ – 2) fee units	71 plus 0.6 x (ADQ – 2) fee units	1271 plus 32 x (ADQ – 2) fee units	146 plus 3 x (ADQ – 2) fee units	266 plus 6 x (ADQ – 2) fee units	71 plus 0.6 x (ADQ – 2) fee units	377 plus 9 x (ADQ – 2) fee units
more than 5.0 but less than or equal to 20 megalitres	1096 plus 13 x (ADQ – 5) fee units	293 plus 3 x (ADQ – 5) fee units	72 plus 0.3 x (ADQ – 5) fee units	1368 plus 16 x (ADQ – 5) fee units	154 plus 1.5 x (ADQ – 5) fee units	283 plus 3 x (ADQ – 5) fee units	72 plus 0.3 x (ADQ – 5) fee units	403 plus 4.5 x (ADQ – 5) fee units
more than 20 megalitres	1287 plus 6.5 x (ADQ – 20) fee units	337 plus 1.5 x (ADQ – 20) fee units	77 plus 0.1 x (ADQ – 20) fee units	1609 plus 8 x (ADQ – 20) fee units	172 plus 0.7 x (ADQ – 20) fee units	326 plus 1.5 x (ADQ – 20) fee units	77 plus 0.1 x (ADQ – 20) fee units	468 plus 2.2 x (ADQ – 20) fee units

10.    Schedule 4 substituted

Schedule 4 to the Principal Regulations is rescinded and the following Schedule is substituted:

SCHEDULE 4 - Fees

Regulation 14

PART 1 - Miscellaneous Fees

Section of Act	Purpose of Fee	Fee
12	Obtaining copy of or extract from licence register	15 fee units for up to 5 water licences plus 2 fee units for each additional licence
37	Application by a water entity to implement a water management plan	Where the water entity is a Government Business Enterprise, council, statutory authority, company or cooperative, 25 fee units plus 30 fee units for each 0.5 hours spent in processing the application
45	Providing annual report on activities of a water entity implementing a water management plan	25 fee units plus 20 fee units for each 0.5 hours spent in checking that the water entity has complied with both the water management plan and the conditions under which it is permitted to implement the water management plan
62	Application for licence	117 fee units plus –
		(a) 27 fee units for each hour spent in processing the application (excluding the first 4 hours); and
		(b) 214 fee units where the application requires a notice under section 65 of the Act
70	Application to vary licence	117 fee units plus – (a)  (a) 27 fee units for each hour spent in processing the application (excluding the first 4 hours); and
		(b) 214 fee units where the application requires a notice under section 71 of the Act
80(2)(a)	Application for renewal of licence	Annual fee payable if licence is renewed
90	Temporary water allocation	38.3 fee units plus an additional fee calculated in accordance with Part 2 of this Schedule
97	Application for transfer of licence or water allocation	25 fee units plus 20 fee units for each 0.5 hours spent in processing the application
103	Application for temporary transfer of water allocation by person who does not hold a licence	25 fee units plus 20 fee units for each 0.5 hours spent in processing the application
146	Application for dam permit
	(a) where the assessment is made by Assessment Committee	189 fee units plus – (a) 27 fee units for each hour spent in processing the application (excluding the first 7 hours); and
		(b) 214 fee units where the application requires a notice under section 149 of the Act
	(b) where the assessment is made under delegation from Assessment Committee and the storage capacity is below 100 megalitres	189 fee units plus 214 fee units where the application requires a notice under section 149 of the Act
171	Application to establish water district	663 fee units plus 58 fee units for each hour spent processing the application (excluding the first 2 hours)

PART 2 - Additional fees for temporary water allocation

1.   The additional fee payable for a temporary water allocation is to be calculated in accordance with the following formula:

where –

A is the fee payable;

B is the number of days water is required; and

C is the total of the various amounts payable in respect of each part of the relevant ADQ as specified in the first column of the following table for the region in which the water resource of the person seeking a temporary water allocation lies.

Part of ADQ	Region 1	Region 2	Region 3	Region 4	Region 5	Region 6	Region 7	Region 8
less than 0.1 megalitre	51 fee units	51 fee units	51 fee units	51 fee units	51 fee units	51 fee units	51 fee units	51 fee units
more than 0.1 but less than or equal to 2.0 megalitres	51 plus 510 x (ADQ – 0.1) fee units	51 plus 118 x (ADQ – 0.1) fee units	51 plus 11 x (ADQ – 0.1) fee units	51 plus 643 x (ADQ – 0.1) fee units	51 plus 50 x (ADQ – 0.1) fee units	51 plus 114 x (ADQ – 0.1) fee units	51 plus 11 x (ADQ – 0.1) fee units	51 plus 172 x (ADQ – 0.1) fee units
more than 2.0 but less than or equal to 5.0 megalitres	1020 plus 26 x (ADQ – 2) fee units	275 plus 6 x (ADQ – 2) fee units	71 plus 0.6 x (ADQ – 2) fee units	1271 plus 32 x (ADQ – 2) fee units	146 plus 3 x (ADQ – 2) fee units	266 plus 6 x (ADQ – 2) fee units	71 plus 0.6 x (ADQ – 2) fee units	377 plus 9 x (ADQ – 2) fee units
more than 5.0 but less than or equal to 20 megalitres	1096 plus 13 x (ADQ – 5) fee units	293 plus 3 x (ADQ – 5) fee units	72 plus 0.3 x (ADQ – 5) fee units	1368 plus 16 x (ADQ – 5) fee units	154 plus 1.5 x (ADQ – 5) fee units	283 plus 3 x (ADQ – 5) fee units	72 plus 0.3 x (ADQ – 5) fee units	403 plus 4.5 x (ADQ – 5) fee units
more than 20 megalitres	1287 plus 6.5 x (ADQ – 20) fee units	337 plus 1.5 x (ADQ – 20) fee units	77 plus 0.1 x (ADQ – 20) fee units	1609 plus 8 x (ADQ – 20) fee units	172 plus 0.7 x (ADQ – 20) fee units	326 plus 1.5 x (ADQ – 20) fee units	77 plus 0.1 x (ADQ – 20) fee units	468 plus 2.2 x (ADQ – 20) fee units

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

Notified in the Gazette on 16 June 2004

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 by –

(a) revising certain fees payable under the Water Management Act 1999; and

(b) removing the rebate of field management fees for water taken from the Derwent River.