Water Management Amendment Regulations 2009

Water Management Amendment Regulations 2009

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 .

2 February 2009

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Water Management Amendment Regulations 2009 .

2.   Commencement

These regulations take effect on the day on which the provisions of the Water Legislation Amendment Act 2008 commence.

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 definitions after the definition of Act :

ADIA means the Australian Drilling Industry Association Limited;

ADITC means the Australian Drilling Industry Training Committee Limited;

(b) by inserting the following definitions after the definition of ADQ :

Australian well driller's licence means a licence, permit, accreditation or other kind of authority that –

(a) has been issued or granted by an entity that monitors or regulates well drillers or their activities in another State or in a Territory; and

(b) is not suspended or otherwise subject to any taint or limitation on its validity or authority;

class 1 licence – see regulation 14C ;

class 2 licence – see regulation 14C ;

class 3 licence – see regulation 14C ;

DICAT course means the Drilling Industry Certification and Training Course prepared and assessed by the ADITC;

(c) by omitting the definitions of eligible elector , fee unit and field management fee and substituting the following definitions:

eligible pensioner means a person who –

(a) is in receipt of a pension under the Social Security Act 1991 of the Commonwealth; or

(b) holds a valid pensioner concession card issued under the National Health Act 1953 of the Commonwealth; or

(c) is in receipt of a pension under the Veterans' Entitlements Act 1986 of the Commonwealth or holds a valid pensioner concession card issued under that Act;

employee includes a person engaged under a contract for services;

field management fee means a fee payable under –

(a) regulation 6 or 8 ; or

(b) section 123E(1)(b) of the Act;

(d) by omitting the definitions of initial election and polling period ;

(e) by omitting the definitions of returning officer and subsequent election .

5.    Regulation 6 amended (Field management fees)

Regulation 6 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:

(1)  An annual field management fee is payable in accordance with this regulation by all licensees where –

(a) water may be taken into a dam constructed in or on a watercourse; and

(b) that water may be taken only during the period between 1 May and 30 November in any year (inclusive of both of those days).

6.    Regulation 9 rescinded

Regulation 9 of the Principal Regulations is rescinded.

7.    Regulation 10 amended (Fee for multiple water allocations)

Regulation 10(3)(a) of the Principal Regulations is amended by omitting "31 October in any year" and substituting "30 November in any year (inclusive of both of those days)".

8.    Regulation 11 rescinded

Regulation 11 of the Principal Regulations is rescinded.

9.    Regulations 14A and 14B inserted

After regulation 14 of the Principal Regulations , the following regulations are inserted in Part 3:

14A.   Fee rebates – ordinary licensees

(1)  This regulation applies to licensees who are not eligible pensioners.

(2)  A licensee to whom this regulation applies is entitled to the following fee rebates:

(a) on an application fee under section 62 or 70 of the Act, a 70% rebate if, when the fee is paid –

(i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and

(ii) the maximum daily quantity of water taken is less than 0.01ML;

(b) on a field management fee under regulation 6 or 8 , a 100% rebate if, when the fee is paid –

(i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and

(ii) the maximum daily quantity of water taken is less than 0.01ML.

14B.   Fee rebates – pensioners

(1)  This regulation applies to licensees who are eligible pensioners.

(2)  A licensee to whom this regulation applies is entitled to the following fee rebates:

(a) on an administrative fee under regulation 5 , a 50% rebate if, when the fee is paid –

(i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and

(ii) the maximum daily quantity of water taken is less than 0.01ML;

(b) on an application fee under section 62 or 70 of the Act, a 70% rebate if, when the fee is paid –

(i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and

(ii) the maximum daily quantity of water taken is less than 0.01ML;

(c) on a field management fee under regulation 6 or 8 , a 100% rebate if, when the fee is paid –

(i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and

(ii) the maximum daily quantity of water taken is less than 0.01ML.

10.    Part 3A inserted

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

PART 3A - Well driller's licences

14C.   Licence classes

(1)  For the definition of "class" in section 136 of the Act, the following classes are prescribed:

(a) class 1 licence;

(b) class 2 licence;

(c) class 3 licence.

(2)  A class 1 licence authorises its holder to carry out drilling activities in single non-flowing aquifer systems.

(3)  A class 2 licence authorises its holder to carry out drilling activities in non-flowing aquifer systems.

(4)  A class 3 licence authorises its holder to carry out drilling activities in non-flowing and flowing aquifer systems.

14D.   Licence endorsements

(1)  For the definition of "endorsement" in section 136 of the Act, the following endorsements are prescribed:

(a) cable tool endorsement;

(b) auger endorsement;

(c) rotary air endorsement;

(d) rotary mud endorsement;

(e) non-drilling rig endorsement.

(2)  A cable tool endorsement authorises cable tool or cable percussion-drilling methods.

(3)  An auger endorsement authorises bucket auger, hollow-stem auger or solid-stem auger drilling methods.

(4)  A rotary air endorsement authorises rotary drilling methods with air as the drilling fluid.

(5)  A rotary mud endorsement authorises rotary drilling methods with water as either the drilling fluid or as the base for the drilling fluid.

(6)  A non-drilling rig endorsement authorises non-drilling rig methods, including –

(a) spear point construction; and

(b) hand digging, or the use of excavators or back-hoes, for the construction of wells, excavations and galleries.

14E.   Class 1 licence competencies

(1)  For section 136C(2)(d) of the Act, the competencies for a class 1 licence are those set out in either of the following paragraphs:

(a) the holding of an Australian well driller's licence that is substantially equivalent to a class 1 licence in terms of what it authorises;

(b) successful completion of the ADITC class 1 licence module (or a course or examination that the Minister accepts is substantially equivalent to that module) and –

(i) successful completion of the relevant DICAT course (or a course or examination that the Minister accepts is substantially equivalent to that course) and basic field experience; or

(ii) extended field experience.

(2)  In this regulation –

basic field experience means experience in operating drilling machines in well drilling operations over a period of at least 6 months and involving the drilling of at least 6 class 1 wells;

class 1 well means a well in a single non-flowing aquifer system;

extended field experience means experience in operating drilling machines in well drilling operations over a period of at least 12 months and involving the drilling of at least 6 class 1 wells.

14F.   Class 2 licence competencies

(1)  For section 136C(2)(d) of the Act, the competencies for a class 2 licence are those set out in either of the following paragraphs:

(a) the holding of an Australian well driller's licence that is substantially equivalent to a class 2 licence in terms of what it authorises;

(b) successful completion of the ADITC class 2 licence module (or a course or examination that the Minister accepts is substantially equivalent to that module) and –

(i) successful completion of the relevant DICAT course (or a course or examination that the Minister accepts is substantially equivalent to that course) and basic field experience; or

(ii) intermediate field experience; or

(iii) extended field experience.

(2)  In this regulation –

basic field experience means experience in operating drilling machines in well drilling operations (as an employee) over a period of at least 12 months and involving the drilling of at least 6 class 2 wells;

class 2 well means a well in a multiple non-flowing aquifer system and requiring separation of one aquifer from another;

extended field experience means experience in operating drilling machines in well drilling operations over a period of at least 24 months and involving the drilling of at least 10 wells that intersect multiple aquifer systems;

intermediate field experience means experience in operating drilling machines in well drilling operations (as the holder of a class 1 licence) over a period of at least 12 months and involving the drilling of at least 6 class 2 wells.

14G.   Class 3 licence competencies

(1)  For section 136C(2)(d) of the Act, the competencies for a class 3 licence are those set out in either of the following paragraphs:

(a) the holding of an Australian well driller's licence that is substantially equivalent to a class 3 licence in terms of what it authorises;

(b) successful completion of the ADITC class 3 licence module (or a course or examination that the Minister accepts is substantially equivalent to that module) and –

(i) successful completion of the relevant DICAT course (or a course or examination that the Minister accepts is substantially equivalent to that course) and basic field experience; or

(ii) intermediate field experience; or

(iii) extended field experience.

(2)  In this regulation –

basic field experience means experience in operating drilling machines in well drilling operations (as either the holder of a class 2 licence or an employee, or both) over a period of at least 18 months and involving the drilling of at least 10 wells (at least 3 of which must have been class 3 wells drilled by the applicant personally under the supervision of the holder of a class 3 licence);

class 3 well means a well in a flowing aquifer system;

extended field experience means experience in operating drilling machines in well drilling operations over a period of at least 36 months and involving the drilling of at least 10 wells that intersect artesian water;

intermediate field experience means experience in operating drilling machines in well drilling operations (as either the holder of a class 2 licence or an employee, or both) over a period of at least 24 months and involving the drilling of at least 10 wells (at least 3 of which must have been class 3 wells drilled by the applicant personally under the supervision of the holder of a class 3 licence).

14H.   Licence conditions

For section 136D(2)(b) of the Act, a prescribed matter is that well drilling activities should, as far as practicable, be carried out in accordance with the "Minimum Construction Requirements for Water Bores in Australia", as in force for the time being.

Note: The "Minimum Construction Requirements for Water Bores in Australia" is a document prepared by the National Minimum Bore Specifications Committee and is available for viewing on the Department's website.

11.    Part 4, Division 1: Heading amended

Division 1 of Part 4 of the Principal Regulations is amended by omitting "Water infringement notices" from the heading to that Division and substituting "Infringement notices".

12.    Regulations 16 and 17 substituted

Regulations 16 and 17 of the Principal Regulations are rescinded and the following regulations are substituted:

16.   Allocation of demerit points for deemed conviction

(1)  For section 257 of the Act in its application to a deemed conviction for an offence against the Act, the licence is to be allocated the number of demerit points specified in column 5 of the table in Schedule 5 for the offence.

(2)  In this regulation –

deemed conviction means a conviction in accordance with section 20 of the Monetary Penalties Enforcement Act 2005 .

17.   Allocation of demerit points for court conviction

For section 257 of the Act in its application to a conviction by a court for an offence against the Act, the court is to allocate to the licence the number of demerit points specified in column 5 of the table in Schedule 5 for the offence unless –

(a) the court is satisfied that, in view of mitigating circumstances, a lesser number of demerit points should be allocated; or

(b) the court has cancelled or suspended the licence under section 106(1) of the Act.

13.    Regulation 19 amended (Suspension of licence)

Regulation 19(1) of the Principal Regulations is amended as follows:

(a) by inserting "and section 136I(1)(e)" after " section 106(2) ";

(b) by omitting from paragraph (b) "a suspension" and substituting "subject to section 136I(4) of the Act, a suspension";

(c) by omitting from paragraph (b) "water".

14.    Regulation 21 amended (Cancellation of licence)

Regulation 21(1) of the Principal Regulations is amended as follows:

(a) by omitting "under regulation 19 " and substituting "in a case to which regulation 19 refers";

(b) by inserting "a section of the Act referred to in" after "under".

15.    Part 5 substituted

Part 5 of the Principal Regulations is rescinded and the following Part is substituted:

PART 5 - Miscellaneous

23.   Trust rules

For section 206A(3) of the Act, the prescribed requirements are that the rules of the trust should specify or provide for at least the following:

(a) the membership of the trust;

(b) the proceedings of the trust;

(c) the manner in which the powers and functions of the trust are to be exercised and performed;

(d) the conduct of the business of the trust;

(e) the management of the water district or districts for which the trust is established;

(f) the keeping and use of the common seal;

(g) the execution of documents.

16.    Schedule 4 amended (Fees)

Schedule 4 to the Principal Regulations is amended as follows:

(a) by inserting after item 3 in Part 2 the following:

3A.

61

Registration of financial interest on licence

27 fee units

(b) by omitting item 6 from Part 2 and substituting the following:

6.

80(1)(a)

Application for renewal of licence

Annual fee payable if licence is renewed

(c) by inserting after item 9 in Part 2 the following:

9A.	123B	Application for watercourse authority	98.3 fee units
9B.	123E(1)(b)	Annual field management fee for watercourse authority	45 fee units
9C.	135A(2)(a)	Application for well works permit	189 fee units
9D.	135F(2)(a)	Application to vary well works permit	108 fee units
9E.	136B(2)(b)	Application for well driller's licence	54 fee units if applicant holds an Australian well driller's licence 140 fee units for all other applicants
9F.	136H(3)(a)	Application to vary well driller's licence	54 fee units if applicant is seeking additional endorsements 140 fee units if applicant is seeking to vary the class of licence (whether or not applicant is also seeking additional endorsements) 15 fee units in any other case

(d) by omitting "licence" from column 3 of item 14 in Part 2 and substituting "licence or water allocation";

(e) by omitting clause 1 from Part 3 ;

(f) by omitting from clause 2 of Part 3 "other than the Meander River";

(g) by omitting the formula from clause 2 of Part 3 and substituting the following formula:

(h) by omitting the table from the definition of C in clause 2 of Part 3 and substituting the following table:

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	63 fee units	63 fee units	63 fee units	63 fee units	63 fee units	63 fee units	63 fee units	63 fee units
more than 0.1 but less than or equal to 2.0 megalitres	63 plus 980.4 x (ADQ – 0.1) fee units	63 plus 472.7 x (ADQ – 0.1) fee units	63 plus 237.7 x (ADQ – 0.1) fee units	63 plus 1 046.6 x (ADQ – 0.1) fee units	63 plus 165.9 x (ADQ – 0.1) fee units	63 plus 188.5 x (ADQ – 0.1) fee units	63 plus 120 x (ADQ – 0.1) fee units	63 plus 613.9 x (ADQ – 0.1) fee units
more than 2.0 but less than or equal to 5.0 megalitres	1 925 plus 49.1 x (ADQ – 2) fee units	962 plus 23.5 x (ADQ – 2) fee units	515 plus 11.9 x (ADQ – 2) fee units	2 051 plus 52.3 x (ADQ – 2) fee units	378 plus 8.4 x (ADQ – 2) fee units	420.9 plus 9.5 x (ADQ – 2) fee units	291 plus 6 x (ADQ – 2) fee units	1 229 plus 30.8 x (ADQ – 2) fee units
more than 5.0 but less than or equal to 20 megalitres	2 073 plus 24.5 x (ADQ – 5) fee units	1 032 plus 11.8 x (ADQ – 5) fee units	550 plus 5.9 x (ADQ – 5) fee units	2 208 plus 26.2 x (ADQ – 5) fee units	403 plus 4.2 x (ADQ – 5) fee units	449 plus 4.7 x (ADQ – 5) fee units	308 plus 3 x (ADQ – 5) fee units	1 321 plus 15.4 x (ADQ – 5) fee units
more than 20 megalitres	2 440 plus 12.3 x (ADQ – 20) fee units	1 209 plus 5.9 x (ADQ – 20) fee units	639 plus 3 x (ADQ – 20) fee units	2 601 plus 13 x (ADQ – 20) fee units	465 plus 2.1 x (ADQ – 20) fee units	520 plus 2.3 x (ADQ – 20) fee units	353 plus 1.5 x (ADQ – 20) fee units	1 552 plus 7.6 x (ADQ – 20) fee units

17.    Schedule 5 substituted

Schedule 5 to the Principal Regulations is rescinded and the following Schedule is substituted:

SCHEDULE 5 - Infringement notice penalties 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 infringement notice	Demerit points
52	Taking water otherwise than under section 48 of Act	20 penalty units and a daily penalty of 2 penalty units	1 penalty unit	2
54(1)	Taking water without a licence	500 penalty units and a daily penalty of 50 penalty units	2.5 penalty units for first offence (but 5 penalty units for second offence within 12 months after first offence, 10 penalty units for third offence within 24 months after first offence)	Nil
61(1)	Failing to provide details of financial interest in licence	10 penalty units	1 penalty unit	2
82(1)	Breaching licence	500 penalty units and a daily penalty of 50 penalty units	2.5 penalty units (but 5 penalty units for second offence within 12 months after first offence, 10 penalty units for third offence within 24 months after first offence)	4
92(4)	Contravening notice of water restrictions	500 penalty units and a daily penalty of 50 penalty units	2.5 penalty units (but 5 penalty units for second offence within 12 months after first offence, 10 penalty units for third offence within 24 months after first offence)	4
123A	Conveying water via watercourse without or in contravention of watercourse authority	500 penalty units and a daily penalty of 50 penalty units	2.5 penalty units (but 5 penalty units for second offence within 12 months after first offence, 10 penalty units for third offence within 24 months after first offence)	Nil
126(4)	Contravening a well order	20 penalty units and a daily penalty of 5 penalty units	4 penalty units and a daily penalty of 1 penalty unit	3
135(1)	Undertaking well works without a permit	200 penalty units and a daily penalty of 20 penalty units	8 penalty units for first offence and a daily penalty of 2 penalty units; 16 penalty units and a daily penalty of 4 penalty units for second offence within 12 months after first offence	4
135(2)	Undertaking well works in contravention of a permit	200 penalty units and a daily penalty of 20 penalty units	8 penalty units for first offence and a daily penalty of 2 penalty units; 16 penalty units and a daily penalty of 4 penalty units for second offence within 12 months after first offence	4
136A(1)	Undertaking well works without a well driller's licence	200 penalty units and a daily penalty of 20 penalty units	1 penalty unit for first offence (but 2 penalty units for second offence within 12 months after first offence, 5 penalty units for third offence within 24 months after first offence)	4
136A(2)	Undertaking well works that are in contravention of the class of licence or endorsement on the licence	200 penalty units and a daily penalty of 20 penalty units	1 penalty unit for first offence (but 2 penalty units for second offence within 12 months after first offence, 5 penalty units for third offence within 24 months after first offence)	4
136D(4)	Undertaking well works in contravention of a condition on a well driller's licence	50 penalty units	1 penalty unit for first offence (but 2 penalty units for second offence within 12 months after first offence, 5 penalty units for third offence within 24 months after first offence)	2
136E(4)	Failing to produce licence for inspection	10 penalty units	0.5 penalty units	0.5
146(3)	Undertaking, or causing or permitting to be undertaken, dam works without or in contravention of permit	200 penalty units and a daily penalty of 20 penalty units	24 penalty units and a daily penalty of 2 penalty units for first offence; 48 penalty units and a daily penalty of 4 penalty units for second offence	Nil
146A	Contravening conditions of dam permit	200 penalty units and a daily penalty of 20 penalty units	24 penalty units and a daily penalty of 2 penalty units for first offence; 48 penalty units and a daily penalty of 4 penalty units for second offence	Nil
147(4)	Contravening notice for dam works	50 penalty units and a daily penalty of 5 penalty units	12 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
165G	Maintaining and operating dam in way that causes environmental harm or endangers persons or property	500 penalty units and a daily penalty of 50 penalty units for a body corporate	25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence, and 50 penalty units and a daily penalty of 5 penalty units for second offence	Nil
		200 penalty units and a daily penalty of 20 penalty units for a natural person	10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence, and 20 penalty units and a daily penalty of 2 penalty units for second offence
165H(2)	Failing to comply with requirement contained in Ministerial notice on dam safety	100 penalty units	10 penalty units and a daily penalty of 1 penalty unit	Nil
165I	Failing to report dam incident	100 penalty units	10 penalty units and a daily penalty of 1 penalty unit	Nil
165L(3)	Failing to comply with Ministerial direction relating to undertaking dam works, keeping records or providing information	500 penalty units and a daily penalty of 50 penalty units for a body corporate	25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence, and 50 penalty units and a daily penalty of 5 penalty units for second offence	Nil
		200 penalty units and a daily penalty of 20 penalty units for a natural person	10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence, and 20 penalty units and a daily penalty of 2 penalty units for second offence
165N(3)	Failing to comply with Ministerial notice to modify dam	500 penalty units and a daily penalty of 50 penalty units for a body corporate	25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence, and 50 penalty units and a daily penalty of 5 penalty units for second offence	Nil
		200 penalty units and a daily penalty of 20 penalty units for a natural person	10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence, and 20 penalty units and a daily penalty of 2 penalty units for second offence
165P(2)	Failing to comply with Ministerial notice to ensure safety of dam	500 penalty units and a daily penalty of 50 penalty units for a body corporate	25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence, and 50 penalty units and a daily penalty of 5 penalty units for second offence	Nil
		200 penalty units and a daily penalty of 20 penalty units for a natural person	10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence, and 20 penalty units and a daily penalty of 2 penalty units for second offence
182	Failing to provide annual report to Minister	50 penalty units	1 penalty unit	Nil
199	Offences in connection with water district, as specified	50 penalty units	1 penalty unit	Nil
222	Failing to allow inspection, &c., of trust accounts	5 penalty units	0.5 penalty units	Nil
227(3)	Failing to comply with Ministerial notice directing person to install meter in respect of water resource	50 penalty units and a daily penalty of 5 penalty units	1 penalty unit	3
228(1)	Interfering with or injuring 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
235(2)	Hindering person reading, &c., meter	5 penalty units	1 penalty unit	2
236	Failing to take reasonable measures to protect meter	10 penalty units and a daily penalty of 1 penalty unit	1 penalty unit	2
239	Failing to return identity card on ceasing to be authorised officer	5 penalty units	0.5 penalty units	Nil
246(2)	Failing 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
280D	Failing to comply with water supply emergency direction by Minister	500 penalty units and a daily penalty of 10 penalty units	250 penalty units and daily penalty of 10 penalty units	Nil
281(1)	Interfering with property of Minister or water entity	50 penalty units	1 penalty unit	3
281(2)	Interfering with infrastructure or other property of water entity	50 penalty units	1 penalty unit	3
281(3)	Interfering with property or infrastructure in contravention of condition of permission	50 penalty units	1 penalty unit	3
282(5)	Contravening Ministerial 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	Hindering, &c., persons administering Act or misrepresenting self as authorised officer	50 penalty units	1 penalty unit	3

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

Notified in the Gazette on 11 February 2009

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Water Management Regulations 1999 consequent on the enactment of the Water Legislation Amendment Act 2008 .