Water Management Regulations 2009

Water Management 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 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries and Water

PART 1 - Preliminary

1.   Short title

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

2.   Commencement

These regulations take effect on 1 July 2009.

3.   Interpretation

In these regulations, unless the contrary intention appears –

Act means the Water Management Act 1999 ;

ADIA means the Australian Drilling Industry Association Limited;

ADITC means the Australian Drilling Industry Training Committee Limited;

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

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 means a class 1 licence referred to in regulation 15 ;

class 2 licence means a class 2 licence referred to in regulation 15 ;

class 3 licence means a class 3 licence referred to in regulation 15 ;

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

eligible pensioner means a person who –

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

(b) is the holder of 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 is the holder of 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 7 ; or

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

quarter means a period of 3 months commencing on the first day of January, April, July or October in any year;

region means a region referred to in regulation 7(2)(a) .

PART 2 - Rights to take water

4.   Rights to take water

(1)  For section 48(5) of the Act, the amount of water that can be taken by a person under section 48(2) of the Act is –

(a) for a domestic purpose –

(i) a maximum of 440L a day for each dwelling on the relevant land; or

(ii) a maximum of 100L a day for each person who is an occupier of the land if there is no dwelling on the relevant land; or

(b) for irrigation of a household garden, a maximum of 0.6L a day for each square meter, but not exceeding 1500L a day; or

(c) for watering cattle, a maximum of 90L a day for each head; or

(d) for watering horses, a maximum of 45L a day for each head; or

(e) for watering sheep, a maximum of 8.5L a day for each head; or

(f) for watering goats, a maximum of 8.5L a day for each head; or

(g) for watering pigs, a maximum of 20L a day for each head; or

(h) for watering chickens, a maximum of 3L a day for each 10 head; or

(i) for watering turkeys, 5.5L a day for each 10 head.

(2)  If an authorised officer is satisfied that water is to be taken into storage, he or she may permit a person to take a maximum of up to 7 times the amount of water specified in subregulation (1) in any period of 7 days.

(3)  A person who contravenes this regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine of 2 penalty units for each day during which the offence continues.

(4)  On conviction of a person for an offence under this regulation or on acceptance of an infringement notice in respect of any such offence, 3 demerit points are allocated to the person's licence.

PART 3 - Water licence fees

5.   Administrative fees

A licensee is to pay an annual administrative fee of 71.1 fee units.

6.   Field management fees

(1)  A licensee is to pay an annual field management fee in accordance with this regulation for a water allocation on a licence authorising the taking of water –

(a) into a dam constructed in or on a watercourse; and

(b) between 1 May and 30 November in any year (inclusive of both of those days).

(2)  Where –

(a) water is taken into a dam constructed in or on a watercourse; or

(b) there is more than one water allocation of a licence authorising the taking of water during the period referred to in subregulation (1) and at least one of the allocations is taken into a dam constructed in or on a watercourse –

the licensee is to pay an annual field management fee in accordance with the following table:

Region	1	2	3	4	5	6	7	8
Fee units	39.2	33.4	22.8	74.1	41.6	128.9	37.4	105.7

(3)  Where water is taken in any other case during the period referred to in subregulation (1) , the licensee is to pay an annual field management fee in accordance with the following table:

Region	1	2	3	4	5	6	7	8
Fee units	19.6	16.7	11.4	37.1	20.8	64.4	18.7	52.8

(4)  Where there is more than one water allocation of a licence authorising the taking of water as mentioned in subregulation (1) , only one annual field management fee is payable by the licensee.

7.   Other field management fees

(1)  A licensee is to pay for a water allocation on a licence authorising the taking of water from a watercourse, except as mentioned elsewhere in this Part, an annual field management fee of the total of the various amounts payable in respect of each part of the relevant ADQ, as specified in the first column of Schedule 1 for the region in which the licensee's land lies.

(2)  For the purposes of these regulations –

(a) the State is divided into 8 regions as delineated in Plan 5278 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Schedule 2 ; and

(b) each region is more particularly delineated in the several plans in the Central Plan Register indicated on Plan 5278; and

(c) where any land of a landholder extends beyond the boundary of a region, the whole of that land is taken to be within the region in which the majority of that land lies.

(3)  A licensee is to pay an annual field management fee of 45 fee units for a water allocation on a licence authorising the taking of water from groundwater.

8.   Licences for less than 12 months

If a licence is granted for less than 12 months, a licensee is to pay a field management fee of –

(a) the appropriate proportion of the annual field management fee that would be payable by the licensee under this Part if the licence was granted for 12 months; or

(b) an amount determined by the Minister that cannot exceed the amount which would be payable by the licensee under this Part if the licence was granted for 12 months.

9.   Multiple water allocations fees

(1)  If a licence has more than one water allocation, the fee payable under regulation 7 is whichever amount is the lesser of the following:

(a) the total of the annual field management fees payable for each allocation;

(b) the fee applicable to the total amount of water as if it were all a single allocation.

(2)  If a licence has a water allocation as mentioned in regulation 6(2) and a water allocation as mentioned in regulation 7 , the annual field management fee is one-half the amount payable under regulation 6(2) together with the amount payable under regulation 7 .

(3)  If a licence has a water allocation authorising the taking of water –

(a) only during the period between 1 May and 30 November in any year (inclusive of both of those days); and

(b) except as mentioned in this Part –

the annual field management fee is the total amount payable under regulations 6(2) and 7 .

10.   Aquaculture, hydro-electricity generation, &c., fees

A licensee is to pay an annual fee of 247.5 fee units for a water allocation on a licence authorising the taking of water from a watercourse –

(a) for aquaculture; or

(b) for hydro-electricity generation; or

(c) for any similar purpose where the water is returned to the watercourse directly after use without significant diminution of the quantity of water taken.

11.   Water authorities fees

(1)  The Tasmanian Water and Sewerage Corporation (Southern Region) is to pay an annual fee, for a water allocation on a licence transferred to the Corporation from the Hobart Water Authority, of the product of 26.38 fee units and the number of ML of water taken during the preceding quarter for supply to the customers of the Corporation, excluding any water that the Minister accepts is intended for commercial irrigation.

(2)  The maximum annual fee payable by the Tasmanian Water and Sewerage Corporation (Southern Region) under subregulation (1) is –

(a) for the 2009–2010 financial year, $1.300 million dollars; and

(b) for the 2010–2011 financial year, $1.300 million dollars indexed in accordance with the average CPI figure for Hobart for the 4 quarters ending on 31 December 2010.

(3)  The Tasmanian Water and Sewerage Corporation (Northern Region) is to pay an annual fee, for a water allocation on a licence transferred to the Corporation from the Esk Water Authority, of the product of 26.38 fee units and the number of ML of water taken during the preceding quarter for supply to the customers of the Corporation, excluding any water that the Minister accepts is intended for commercial irrigation.

(4)  The maximum annual fee payable by the Tasmanian Water and Sewerage Corporation (Northern Region) under subregulation (3) is –

(a) for the 2009–2010 financial year, $0.510 million dollars; and

(b) for the 2010–2011 financial year, $0.510 million indexed in accordance with the average CPI figure for Hobart for the 4 quarters ending on 31 December 2010.

(5)  The Tasmanian Water and Sewerage Corporation (North-Western Region) is to pay an annual fee, for a water allocation on a licence transferred to the Corporation from the Cradle Coast Water Authority, of the product of 26.38 fee units and the number of ML of water taken during the preceding quarter for supply to the customers of the Corporation, excluding any water that the Minister accepts is intended for commercial irrigation.

(6)  The maximum annual fee payable by the Tasmanian Water and Sewerage Corporation (North-Western Region) under subregulation (5) is –

(a) for the 2009–2010 financial year, $0.440 million dollars; and

(b) for the 2010–2011 financial year, $0.440 million dollars indexed in accordance with the average CPI figure for Hobart for the 4 quarters ending on 31 December 2010.

(7)  In this regulation –

CPI figure for Hobart means the Consumer Price Index: All Groups Index Number for Hobart published by the Australian Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth;

Tasmanian Water and Sewerage Corporation (Northern Region) means the corporation of that name incorporated in accordance with section 5(1) of the Water and Sewerage Corporations Act 2008 ;

Tasmanian Water and Sewerage Corporation (North-Western Region) means the corporation of that name incorporated in accordance with section 5(1) of the Water and Sewerage Corporations Act 2008 ;

Tasmanian Water and Sewerage Corporation (Southern Region) means the corporation of that name incorporated in accordance with section 5(1) of the Water and Sewerage Corporations Act 2008 .

(8)  This regulation expires on 30 June 2011.

12.   Miscellaneous fees

The fees specified in Schedule 3 are prescribed as the fees payable in respect of the miscellaneous matters to which they respectively relate.

13.   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 an annual field management fee under regulation 6 or 7 , 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.

14.   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 an annual field management fee under regulation 6 or 7 , 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.

PART 4 - Well drillers' licences

15.   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.

16.   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.

17.   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.

18.   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.

19.   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).

20.   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.

PART 5 - Enforcement

Division 1 - Infringement notices

21.   Penalties on service of infringement notices

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

Division 2 - Demerit points

22.   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 4 for the offence.

(2)  In this regulation –

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

23.   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 4 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.

24.   Duration of demerit points

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

25.   Suspension of licence

(1)  For the purposes of section 106(2) and section 136I(1)(e) of the Act –

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

(b) subject to section 136I(4) of the Act, 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 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.

26.   Licences for limited periods

(1)  This regulation applies 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.

27.   Cancellation of licence

(1)  Where a licence has been suspended in a case to which regulation 25 refers and, within 3 years after the completion of the period of suspension, the licence would, but for this regulation, again be suspended under a section of the Act referred to in 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.

28.   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.

PART 6 - Miscellaneous

29.   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.

30.   Legislation rescinded

The legislation specified in Schedule 5 is rescinded.

SCHEDULE 1 - Field management fees

Regulation 7(1)

SCHEDULE 2 - Index plan of regions

Regulation 7(2)(a)

SCHEDULE 3 - Fees

Regulation 12

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 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 water allocation is transferred to a person taking water upstream from the transferor.

PART 2 - Miscellaneous Fees

PART 3 - Additional fees for temporary water allocation

1.   Additional fee for temporary water allocations

The additional fee payable for a temporary water allocation from a water resource 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 ML	66 fee units	66 fee units	66 fee units	66 fee units	66 fee units	66 fee units	66 fee units	66 fee units
more than 0.1 but less than or equal to 2.0 ML	66 plus 1 098 x (ADQ – 0.1) fee units	66 plus 561 x (ADQ – 0.1) fee units	66 plus 294.4 x (ADQ – 0.1) fee units	66 plus 1 147.5 x (ADQ – 0.1) fee units	66 plus 194.9 x (ADQ – 0.1) fee units	66 plus 207.1 x (ADQ – 0.1) fee units	66 plus 147.2 x (ADQ – 0.1) fee units	66 plus 724.4 x (ADQ – 0.1) fee units
more than 2.0 but less than or equal to 5.0 ML	2 152 plus 55 x (ADQ – 2) fee units	1 133 plus 28 x (ADQ – 2) fee units	625 plus 15 x (ADQ – 2) fee units	2 246.5 plus 57.4 x (ADQ – 2) fee units	436 plus 9.7 x (ADQ – 2) fee units	459.6 plus 10.4 x (ADQ – 2) fee units	345.6 plus 7.4 x (ADQ – 2) fee units	1 442.1 plus 36.2 x (ADQ – 2) fee units
more than 5.0 but less than or equal to 20 ML	2 317 plus 28 x (ADQ – 5) fee units	1 217 plus 14 x (ADQ – 5) fee units	669 plus 7 x (ADQ – 5) fee units	2 418.2 plus 28.7 x (ADQ – 5) fee units	465.3 plus 4.9 x (ADQ – 5) fee units	490.3 plus 5.2 x (ADQ – 5) fee units	367.4 plus 3.7 x (ADQ – 5) fee units	1 550.7 plus 18.1 x (ADQ – 5) fee units
more than 20 ML	2 728 plus 14 x (ADQ – 20) fee units	1 427 plus 7 x (ADQ – 20) fee units	780 plus 4 x (ADQ – 20) fee units	2 848.6 plus 14.3 x (ADQ – 20) fee units	538.3 plus 2.5 x (ADQ – 20) fee units	568.1 plus 2.5 x (ADQ – 20) fee units	422.6 plus 1.8 x (ADQ – 20) fee units	1 822.4 plus 9 x (ADQ – 20) fee units

SCHEDULE 4 - Infringement notice penalties and demerit points

Regulations 21 , 22 and 23

SCHEDULE 5 - Legislation rescinded

Regulation 30

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

Notified in the Gazette on 1 July 2009

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

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) provide for a range of matters relating to the taking of water for the purposes of the Water Management Act 1999 ; and

(b) prescribe certain fees and entitlements to certain fee rebates for the purposes of the Water Management Act 1999 ; and

(c) prescribe certain offences for which infringement notices may be issued and the penalties for those infringement notice offences; and

(d) rescind the Water Management Regulations 1999 , Water Management Amendment (Fees) Regulations 2007 , Water Management Amendment (Fees) Regulations 2008 and the Water Management Amendment Regulations 2009 .