Water Management Regulations 1999

Water Management Regulations 1999

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 .

G. S. M. GREEN

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Water Management Regulations 1999 .

2.   Commencement

These regulations take effect on 1 January 2000.

3.   Interpretation

In these regulations, unless the contrary intention appears –

Act means the Water Management Act 1999 ;

fee unit means a fee unit within the meaning of the Fee Units Act 1997 ;

field management fee means a fee payable under regulation 6 or 8 ;

MDQ means the maximum daily quantity of water, expressed in megalitres, permitted to be taken under a licence;

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 8(2)(a) .

PART 2 - Rights to take water

4.   Rights to take water

(1)  For the purposes of section 48(2) of the Act, the maximum amount of water which may be taken is –

(a) for domestic purposes, 440 litres a day for each dwelling on the relevant land, or if there is no dwelling, 100 litres a day for each person who is an occupier of the land; or

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

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

(d) for watering horses, 45 litres a day for each head; or

(e) for watering sheep and goats, 7 litres a day for each head; or

(f) for watering pigs, 0.5 litres a day for each head; or

(g) for watering poultry, 0.5 litres a day for each 10 head.

(2)  If an authorised officer is satisfied that the water is to be taken into storage, he or she may permit the taking of water in excess of the quantities specified in subregulation (1) , but the maximum quantity which may be taken in any period of 7 days may not exceed 7 times the quantity so specified.

(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.

PART 3 - Water licence fees

5.   Administrative fees

An administrative fee of 33 fee units a year is payable by all licensees.

6.   Field management fees

(1)  An annual field management fee is payable in accordance with this regulation by all licensees where water may be taken only during the period between 1 May and 31 October in any year.

(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 –

a fee is payable in accordance with the following table:

Region	1	2	3	4	5	6	7	8
Fee units	19	16	12	37	21	66	10	29

(3)  Where water is taken in any other case during the period referred to in subregulation (1) , a fee is payable in accordance with the following table:

Region	1	2	3	4	5	6	7	8
Fee units	10	8	6	19	11	33	5	15

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

7.   Aquaculture, hydro-electricity generation, &c.

The fee for a licence to take water from a watercourse for aquaculture, hydro-electricity generation or any similar purpose where the water is returned to the watercourse directly after use without significant diminution of the quantity of water taken is 247.5 fee units a year.

8.   Other field management fees

(1)  An annual field management fee for a licence to take water from a watercourse, otherwise than as mentioned in this Part, is payable by the licensee and is the total of the various amounts payable in respect of each part of the relevant MDQ 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 in accordance with Schedule 2 ; and

(b) the catchment areas referred to in that Schedule are delineated in Plan No. 5234 in the Central Plan Register, a reduced copy of which is set out by way of illustration in Schedule 3 ; and

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

9.   Rebate of fees

Where a licence has a water allocation from the Derwent River, the Huon River or any other watercourse specified by the Minister by notice published in the Gazette, the field management fee under regulation 8 may be reduced by such amount, not exceeding one-half, as may be so specified.

10.   Fee for multiple water allocations

(1)  Where a licence has more than one water allocation, the fee payable under regulation 8 is –

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

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

whichever is the lesser amount.

(2)  Where a licence has a water allocation as mentioned in regulation 6(2) and a water allocation as mentioned in regulation 8 , the field management fee is one-half the amount payable under regulation 6(2) together with the amount payable under regulation 8 .

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

(a) only during the period between 1 May and 31 October in any year; and

(b) otherwise than as mentioned in this Part –

the field management fee is the total amount payable under regulations 6(1) and 8 .

11.   Rebate for meter

The Minister may determine that the relevant field management fee payable by a licensee is to be reduced by an amount not exceeding one-half of the fee where the water taken under the licence may be measured by a meter affixed in accordance with section 227 of the Act.

12.   Licence fees for water authorities

The fee payable by the Hobart Water Authority, the Esk Water Authority and the North West Water Authority is to be the product of 26.38 fee units and the number of megalitres of water taken under the licence during the preceding quarter for supply to the customers of each Authority, excluding any water intended for commercial irrigation where the Minister is satisfied that the water is to be so used.

13.   Licences for less than 12 months

Where a licence is granted for a period of less than 12 months, the field management fee is to be the appropriate proportion of the annual fee unless the Minister determines otherwise, in which case the fee so determined may not exceed the fee which would be payable under this Part if the licence was held for a period of 12 months.

14.   Miscellaneous fees

Schedule 4 has effect in respect of other fees payable under the Act.

SCHEDULE 1 - Field management fees

Regulation 8(1)

SCHEDULE 2 - Regions

Regulation 8(2)(a)

SCHEDULE 3 - Tasmania catchment map

Regulation 8(2)(b)

SCHEDULE 4 - Miscellaneous fees

Regulation 14

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

Notified in the Gazette on 29 December 1999

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