Water Management Amendment Regulations 2005

Water Management Amendment Regulations 2005

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 .

3 October 2005

W. J. E. COX

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 2005 .

2.   Commencement

These regulations take effect on the seventh day after 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 5 amended (Administrative fees)

Regulation 5 of the Principal Regulations is amended by omitting "38.3" and substituting "71.1".

5.    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	28.1	25.8	16.6	59.0	29.1	100.7	24.2	69.6

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

Region	1	2	3	4	5	6	7	8
Fee units	14.1	12.9	8.3	29.5	14.6	50.4	12.1	34.8

6.    Regulation 8 amended (Other field management fees)

Regulation 8 of the Principal Regulations is amended by inserting after subregulation (2) the following subregulation:

(3)  An annual field management fee of 45 fee units is payable by the licensee for a licence to take water from groundwater.

7.    Schedules 1 and 4 substituted

Schedules 1 and 4 to the Principal Regulations are rescinded and the following Schedules are substituted:

SCHEDULE 1 - Field management fees

Regulation 8(1)

Part of ADQ	Region 1	Region 2	Region 3	Region 4	Region 5	Region 6	Region 7	Region 8
less than or equal to 0.1 megalitre	54 fee units	54 fee units	54 fee units	54 fee units	54 fee units	54 fee units	54 fee units	54 fee units
more than 0.1 but less than or equal to 2.0 megalitres	54 plus 628 x (ADQ – 0.1) fee units	54 plus 207 x (ADQ – 0.1) fee units	54 plus 68 x (ADQ – 0.1) fee units	54 plus 744 x (ADQ – 0.1) fee units	54 plus 79 x (ADQ – 0.1) fee units	54 plus 133 x (ADQ – 0.1) fee units	54 plus 38 x (ADQ – 0.1) fee units	54 plus 283 x (ADQ – 0.1) fee units
more than 2.0 but less than or equal to 5.0 megalitres	1 246 plus 32 x (ADQ – 2) fee units	447 plus 10 x (ADQ – 2) fee units	182 plus 3 x (ADQ – 2) fee units	1 466 plus 37 x (ADQ – 2) fee units	204 plus 4 x (ADQ – 2) fee units	305 plus 7 x (ADQ – 2) fee units	126 plus 2 x (ADQ – 2) fee units	590 plus 14 x (ADQ – 2) fee units
more than 5.0 but less than or equal to 20 megalitres	1 340 plus 16 x (ADQ – 5) fee units	478 plus 5 x (ADQ – 5) fee units	191 plus 2 x (ADQ – 5) fee units	1 578 plus 19 x (ADQ – 5) fee units	216 plus 2 x (ADQ – 5) fee units	324 plus 3 x (ADQ – 5) fee units	131 plus 1 x (ADQ – 5) fee units	633 plus 7 x (ADQ – 5) fee units
more than 20 megalitres	1 575 plus 8 x (ADQ – 20) fee units	555 plus 3 x (ADQ – 20) fee units	217 plus 0.8 x (ADQ – 20) fee units	1 857 plus 9 x (ADQ – 20) fee units	245 plus 1 x (ADQ – 20) fee units	374 plus 2 x (ADQ – 20) fee units	145 plus 0.4 x (ADQ – 20) fee units	739 plus 4 x (ADQ – 20) fee units

SCHEDULE 4 - Fees

Regulation 14

PART 1 - Preliminary

1.   Interpretation

In this Schedule –

downstream transfer means the transfer of a licence or water allocation so that the entitlement to take water under the licence or pursuant to the water allocation is transferred to a person taking water downstream from the transferor;

major tributary means a tributary that is named on the Tasmania 1:25 000 map series published under the TASMAP brand by the State government;

trading zone means a section of a watercourse that is located between major tributaries;

upstream transfer means the transfer of a licence or water allocation so that the entitlement to take water under the licence or pursuant to the water allocation is transferred to a person taking water upstream from the transferor.

PART 2 - Miscellaneous Fees

	Section of Act	Purpose of fee	Fee
1.	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
2.	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 –
			(a) 30 fee units for each 0.5 hours spent in processing the application; and
			(b) 258 fee units for a notice under section 37 of the Act
3.	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
4.	62	Application for licence	218 fee units plus –
			(a) 54 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
5.	70	Application to vary licence	218 fee units plus –
			(a) 54 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
6.	80(2)(a)	Application for renewal of licence	Annual fee payable if licence is renewed
7.	90	Temporary water allocation –
		(a) from the Meander River; or	38.3 fee units plus an additional fee calculated in accordance with Part 3 of this Schedule
		(b) from a water resource other than the Meander River	45 fee units plus an additional fee calculated in accordance with Part 3 of this Schedule
8.	97	Application for approval of transfer of licence or variation of licence on transfer of water allocation –
		(a) where transfer occurs together with change of ownership of land; or	27.2 fee units
		(b) where transfer is an upstream transfer within a trading zone; or	98.3 fee units
		(c) where transfer is an upstream transfer between trading zones; or	196.5 fee units
		(d) where transfer is a temporary upstream transfer between trading zones and a similar transfer has been assessed and approved previously; or	98.3 fee units
		(e) where transfer is a downstream transfer	98.3 fee units
9.	103	Application for temporary transfer of water allocation by person who does not hold a licence	98.3 fee units
10.	146	Application for dam permit	381 fee units plus –
			(a) 54 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; and
			(c) 421 fee units where the assessment is made by the Assessment Committee
11.	171	Application to establish water district	652 fee units plus 54 fee units for each hour spent processing the application (excluding the first 2 hours)
12.	205	Application to establish trust	136 fee units plus 54 fee units for each hour spent processing the application (excluding the first 2.5 hours)
13.	206A	Notification of establishment of trust	258 fee units
14.	304(1)(d)	Verification of compliance with conditions of licence issued under Part 6 of Act	60.5 fee units for each hour spent verifying compliance

PART 3 - Additional fees for temporary water allocation

1.   Additional fee for Meander River temporary water allocation

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

where –

A is the fee payable;

B is the number of days during which water is required;

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.

Part of ADQ	Fee units
less than or equal to 0.1 megalitre	51 fee units
More than 0.1 but less than or equal to 2.0 megalitres	51 plus 643 x (ADQ – 0.1) fee units
More than 2.0 but less than or equal to 5.0 megalitres	1 271 plus 32 x (ADQ – 2) fee units
More than 5.0 but less than or equal to 20 megalitres	1 368 plus 16 x (ADQ – 5) fee units
More than 20 megalitres	1 609 plus 8 x (ADQ – 20) fee units

2.   Additional fee for temporary water allocations (excluding the Meander River)

The additional fee payable for a temporary water allocation from a water resource other than the Meander River is to be calculated in accordance with the following formula:

where –

A is the fee payable;

B is the number of days during which water is required;

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 or equal to 0.1 megalitre	54 fee units	54 fee units	54 fee units	54 fee units	54 fee units	54 fee units	54 fee units	54 fee units
more than 0.1 but less than or equal to 2.0 megalitres	54 plus 628 x (ADQ – 0.1) fee units	54 plus 207 x (ADQ – 0.1) fee units	54 plus 68 x (ADQ – 0.1) fee units	54 plus 744 x (ADQ – 0.1) fee units	54 plus 79 x (ADQ – 0.1) fee units	54 plus 133 x (ADQ – 0.1) fee units	54 plus 38 x (ADQ – 0.1) fee units	54 plus 283 x (ADQ – 0.1) fee units
more than 2.0 but less than or equal to 5.0 megalitres	1 246 plus 32 x (ADQ – 2) fee units	447 plus 10 x (ADQ – 2) fee units	182 plus 3 x (ADQ – 2) fee units	1 466 plus 37 x (ADQ – 2) fee units	204 plus 4 x (ADQ – 2) fee units	305 plus 7 x (ADQ – 2) fee units	126 plus 2 x (ADQ – 2) fee units	590 plus 14 x (ADQ – 2) fee units
more than 5.0 but less than or equal to 20 megalitres	1 340 plus 16 x (ADQ – 5) fee units	478 plus 5 x (ADQ – 5) fee units	191 plus 2 x (ADQ – 5) fee units	1 578 plus 19 x (ADQ – 5) fee units	216 plus 2 x (ADQ – 5) fee units	324 plus 3 x (ADQ – 5) fee units	131 plus 1 x (ADQ – 5) fee units	633 plus 7 x (ADQ – 5) fee units
more than 20 megalitres	1 575 plus 8 x (ADQ – 20) fee units	555 plus 3 x (ADQ – 20) fee units	217 plus 0.8 x (ADQ – 20) fee units	1 857 plus 9 x (ADQ – 20) fee units	245 plus 1 x (ADQ – 20) fee units	374 plus 2 x (ADQ – 20) fee units	145 plus 0.4 x (ADQ – 20) fee units	739 plus 4 x (ADQ – 20) fee units

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

Notified in the Gazette on 12 October 2005

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 revising the fees payable under the Water Management Act 1999 .