Water Management Amendment Regulations 2017

Water Management Amendment Regulations 2017

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 .

12 June 2017

C. WARNER

Governor

By Her Excellency's Command,

JEREMY ROCKLIFF

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Water Management Amendment Regulations 2017 .

2.   Commencement

These regulations take effect on 1 July 2017.

3.   Principal Regulations

In these regulations, the Water Management Regulations 2009 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended as follows:

(a) by omitting the definition of ADIA ;

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

approved course means –

(a) the Drilling Industry Certification and Training Course prepared and assessed by the ADITC; or

(b) any course regulating the competence of well drillers that is approved by the NUDLC;

(c) by omitting the definition of DICAT course ;

(d) by inserting the following definitions after the definition of field management fee :

national qualifications means –

(a) for a class 1 licence or a class 2 licence, a Certificate III in the field of study, or discipline, of well construction or bore construction that is recognised within the Australian Qualifications Framework; or

(b) for a class 3 licence, a Certificate IV in the field of study, or discipline, of well construction or bore construction that is recognised within the Australian Qualifications Framework;

NUDLC means the National Uniform Drillers Licensing Committee;

5.    Regulation 4 amended (Rights to take water)

Regulation 4(1) of the Principal Regulations is amended by inserting "and section 48(4A)" after " section 48(2) ".

6.    Regulation 11 amended (Water authorities fees)

Regulation 11 of the Principal Regulations is amended by omitting subregulation (3) .

7.    Regulations 17 , 18 and 19 substituted

Regulations 17 , 18 and 19 of the Principal Regulations are rescinded and the following regulations are substituted:

17.   Class 1 licence competencies

(1)  For section 136C(2)(d) of the Act, the prescribed competencies for a class 1 licence are –

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

(b) the successful completion of an approved course, or of national qualifications for a class 1 licence, and basic field experience; or

(c) the successful completion of any course, regulating the competence of well drillers, that is approved by the NUDLC, and extended field experience.

(2)  In this regulation –

basic field experience, in relation to an applicant, means the applicant has –

(a) experience in operating drilling machines in well-drilling operations over a period of at least 6 months; and

(b) personally drilled, under the supervision of the holder of a class 1 licence, at least 6 class 1 wells;

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

extended field experience, in relation to an applicant, means the applicant has –

(a) experience in operating drilling machines in well-drilling operations over a period of at least 12 months; and

(b) personally drilled, under the supervision of the holder of a class 1 licence, at least 6 class 1 wells.

18.   Class 2 licence competencies

(1)  For section 136C(2)(d) of the Act, the prescribed competencies for a class 2 licence are –

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

(b) the successful completion of an approved course, or of national qualifications for a class 2 licence, and basic field experience; or

(c) the holding of a class 1 licence, or the holding of the necessary qualifications and experience to hold a class 2 licence, the successful completion of any course, regulating the competence of well drillers, that is approved by the NUDLC, and intermediate field experience.

(2)  In this regulation –

basic field experience, in relation to an applicant, means the applicant has –

(a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least 6 months; and

(b) personally drilled, under the supervision of the holder of a class 2 licence, at least 6 class 2 wells;

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

class 2 well means a well in a multiple non-flowing aquifer system where the system requires the separation of one aquifer from another;

intermediate field experience, in relation to an applicant, means the applicant has –

(a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least 12 months; and

(b) personally drilled at least 6 class 1 wells; and

(c) personally drilled, under the supervision of the holder of a class 2 licence, at least 3 class 2 wells.

19.   Class 3 licence competencies

(1)  For section 136C(2)(d) of the Act, the prescribed competencies for a class 3 licence are –

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

(b) the successful completion of an approved course, or of national qualifications for a class 3 licence, and intermediate field experience; or

(c) the holding of a class 2 licence, or the holding of the necessary qualifications and experience to hold a class 3 licence, the successful completion of any course, regulating the competence of well drillers, that is approved by the NUDLC, and extended field experience.

(2)  In this regulation –

class 2 well means a well in a multiple non-flowing aquifer system where the system requires the separation of one aquifer from another;

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

extended field experience, in relation to an applicant, means the applicant has –

(a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least 24 months; and

(b) personally drilled at least 6 class 2 wells; and

(c) personally drilled, under the supervision of the holder of a class 3 licence, at least 3 class 3 wells;

intermediate field experience, in relation to an applicant, means the applicant has –

(a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least 12 months; and

(b) personally drilled at least 6 class 2 wells; and

(c) personally drilled, under the supervision of the holder of a class 3 licence, at least 3 class 3 wells.

8.    Regulation 29 amended (Trust rules)

Regulation 29 of the Principal Regulations is amended as follows:

(a) by omitting " section 206A(3) " and substituting "section 205(2)(b), section 206(1) and section 206A(3)";

(b) by inserting the following paragraph after paragraph (c) :

(ca) the methods of dispute resolution to be used by the trust to investigate, and attempt to negotiate a mutually acceptable solution to, a dispute between the trust and another person about the exercise of powers under this Act;

9.    Schedule 3 amended (Fees)

Part 2 of Schedule 3 to the Principal Regulations is amended as follows:

(a) by omitting items 5 and 6 and substituting the following:

5.	62	Application for licence (where applicant is seeking water allocation)
			(a) 218 fee units for each water allocation being applied for; and
			(b) 54 fee units for each hour spent in processing the application (excluding the first 4 hours); and
			(c) 214 fee units where the application requires a notice under section 65 of the Act
		Application for licence (where applicant is not seeking water allocation)	65 fee units
6.	70	Application to vary licence as specified
			(a) 218 fee units for each water allocation being applied for; and
			(b) 54 fee units for each hour spent in processing the application (excluding the first 4 hours); and
			(c) 214 fee units where the application requires a notice under section 71 of the Act

(b) by omitting paragraph (b) from item 9 ;

(c) by omitting item 10 and substituting the following:

10.

103

Application for temporary transfer of water allocation by person who does not hold a licence

195 fee units

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

Notified in the Gazette on 21 June 2017

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Water Management Regulations 2009 by –

(a) revising the prescribed competencies that an applicant for a class 1 licence, class 2 licence or class 3 licence must satisfy for the purposes of section 136C(2)(d) of the Water Management Act 1999 ; and

(b) revising certain provisions relating to –

(i) the fees payable by a water authority; and

(ii) the rights of a person to take water; and

(iii) the prescribed requirements to which the rules of a trust must conform.