Water Management (Dam Works Exemption) Amendment Order 2011
I make the following order under section 137(2) of the Water Management Act 1999 .
5 November 2011BRYAN GREEN
Minister for Primary Industries and Water
This order may be cited as the Water Management (Dam Works Exemption) Amendment Order 2011 .
This order takes effect on the day on which its making is notified in the Gazette.
In this order, the Water Management (Dam Works Exemption) Order 2005 is referred to as the Principal Order.
4. Clause 4 amended (Permit not required for certain dam works)
Clause 4 of the Principal Order is amended as follows:(a) by omitting from subclause (1)(c) "subject to subclause (2) , to construct," and substituting "to";(b) by inserting the following paragraph after paragraph (c) in subclause (1) :(ca) subject to subclause (2) , to construct, or modify the design specifications of, a fish-pass around or over an existing dam wall;(c) by omitting paragraph (g) from subclause (1) and substituting the following paragraph:(g) to place or replace protective topsoil, gravel, rock or other natural material to prevent erosion or other damage to –(i) a dam embankment; or(ii) a spillway, so long as the spillway's capacity to discharge excess water is not changed;(d) by omitting paragraph (i) from subclause (1) and substituting the following paragraphs:(i) to install a structure or device to measure the flow of water in a watercourse so as to comply with a statutory requirement;(j) the installation by a government agency of a structure or device to measure the flow of water in a watercourse so as to manage freshwater resources.(e) by omitting from subclause (2) " subclause (1)(c) " and substituting " subclause (1)(ca) ".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 16 November 2011
This order is administered in the Department of Primary Industries, Parks, Water and Environment.
EXPLANATORY NOTE
(This note is not part of the order)
This order amends the Water Management (Dam Works Exemption) Order 2005 by revising the purposes for which a permit for dam works under Part 8 of the Water Management Act 1999 is not required.