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) [Regulation 4 Subregulation (1) amended by S.R. 2003, No. 152, Applied:10 Dec 2003] for watering sheep and goats, 8.5 litres a day for each head; or

(f) [Regulation 4 Subregulation (1) amended by S.R. 2003, No. 152, Applied:10 Dec 2003] for watering pigs, 20.0 litres a day for each head; or

(g) [Regulation 4 Subregulation (1) amended by S.R. 2003, No. 152, Applied:10 Dec 2003] for watering chickens, 3.0 litres a day for each 10 head; or

(h) [Regulation 4 Subregulation (1) amended by S.R. 2003, No. 152, Applied:10 Dec 2003] for watering turkeys, 5.5 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.

(4)  [Regulation 4 Subregulation (4) inserted by S.R. 2002, No. 31, Applied:01 May 2002] On conviction of a licensee for an offence under this regulation or on acceptance of a water infringement notice in respect of any such offence, 3 demerit points are allocated to his or her licence.

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) [Regulation 8 Subregulation (2) amended by S.R. 2002, No. 31, Applied:01 May 2002] the State is divided into 8 regions as delineated in Plan No. 5278 in the Central Plan Register, a reduced copy of which is set out by way of illustration in Schedule 3 ; and

(b) [Regulation 8 Subregulation (2) amended by S.R. 2002, No. 31, Applied:01 May 2002] each region is more particularly delineated in the several plans in the Central Plan Register indicated on Plan No. 5278; and

(c) [Regulation 8 Subregulation (2) amended by S.R. 2002, No. 31, Applied:01 May 2002] 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.

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.

PART 4 - Enforcement

Division 1 - Water infringement notices

15.   Penalties on service of water infringement notices

The penalties specified in column 4 of the table in Schedule 5 are prescribed as the penalties for offences committed under the Act where a water infringement notice is served on the offender for the relevant offence.

Division 2 - Demerit points

16.   Allocation of demerit points

(1)  For the purposes of section 257 of the Act, where a licensee accepts a water infringement notice, demerit points are allocated to his or her licence in accordance with Schedule 5 .

(2)  For the purposes of subregulation (1) , the number of demerit points to be allocated is the number specified in column 5 of the table in Schedule 5 opposite the relevant offence.

17.   Demerit points for convictions

(1)  This regulation applies to an offence under section 52 , 61 , 82 , 92 , 227 , 228 , 232 , 234 , 235 , 236 , 246 , 281 , 282 , 283 or 284 of the Act unless a court has suspended or cancelled the relevant licence under section 106(1) of the Act.

(2)  If a licensee is convicted of an offence to which this regulation applies, demerit points are allocated to his or her licence in accordance with Schedule 5 unless the court is satisfied that, in view of mitigating circumstances, a lesser number of demerit points should be allocated.

(3)  For the purposes of subregulation (2) , the number of demerit points to be allocated is the number specified in column 5 of the table in Schedule 5 opposite the relevant offence.

18.   Duration of demerit points

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

19.   Suspension of licence

(1)  For the purposes of section 106(2) of the Act –

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

(b) 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 water 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.

20.   Licences for limited periods

(1)  This regulation applies in a case 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.

21.   Cancellation of licence

(1)  Where a licence has been suspended under regulation 19 and, within 3 years after the completion of the period of suspension, the licence would, but for this regulation, again be suspended under 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.

22.   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 5 - Elections and polling

Division 1 - Election of trustees

23.   Conduct of elections

All elections for trustees for the purposes of clause 3(2) of Schedule 3 to the Act are to be conducted by a returning officer.

24.   Returning officers

(1)  A returning officer must –

(a) be appointed by the Trust; and

(b) be over 17 years of age; and

(c) have sufficient experience or qualifications to undertake the responsibilities specified in these regulations.

(2)  A returning officer must not be eligible to vote at the election that he or she is conducting.

25.   Appealing appointment of returning officer

(1)  A person may appeal in writing to the Minister against the appointment of a returning officer within 72 hours after that appointment.

(2)  The Minister may –

(a) reject the appeal if satisfied that the person appointed –

(i) meets the requirements of regulation 24 ; and

(ii) is capable of ensuring that a fair election will be held; or

(b) grant the appeal and direct the relevant trust to appoint another person, if the Minister is not so satisfied.

(3)  A decision of the Minister under this regulation is final.

26.   Electoral officers

(1)  A returning officer must appoint at least 2 persons as electoral officers.

(2)  An electoral officer is to assist the returning officer in conducting a poll for the election of a trustee or trustees.

(3)  Wherever practicable, at least one electoral officer must accompany the returning officer at all times for the period starting at the opening of the container referred to in regulation 38 and finishing at the declaration of the election under regulation 40 .

(4)  An electoral officer –

(a) must be over 17 years of age; and

(b) must not be eligible to vote at the election for which he or she is appointed.

27.   Notice of election

(1)  [Regulation 27 Subregulation (1) amended by S.R. 2003, No. 152, Applied:10 Dec 2003] Not less than 28 days before an election, the returning officer must –

(a) give public notice of the election; and

(b) call for nominations.

(2)  The notice must specify the following:

(a) the number of trustees to be elected;

(b) who is eligible to be nominated for election as a trustee;

(c) the form in which nominations are to be made;

(d) where nominations are to be lodged or sent;

(e) a nomination period, with a nomination closing date of not less than 14 days after the public notice is published.

28.   Eligibility for election

To be duly nominated a person must be eligible to be a trustee under clause 1(8) of Schedule 3 to the Act.

29.   Withdrawal of nomination

(1)  A candidate may withdraw his or her nomination for an election by lodging, posting or sending by facsimile a withdrawal notice to the returning officer.

(2)  On receipt of a withdrawal notice, the returning officer must –

(a) if that notice is received before the end of the nomination period, remove the person’s name from the list of nominations; or

(b) if the notice is received between the close of nominations and the declaration of the election, determine how the election is to proceed.

(3)  If a candidate dies prior to the declaration of the election, the returning officer must determine how the election is to proceed.

(4)  In making a determination under subregulation (2)(b) or subregulation (3) , the returning officer must have regard to section 273 of the Local Government Act 1993 .

30.   Validity of nominations

(1)  The returning officer may accept a nomination if satisfied that it is in the specified form and –

(a) the name of the person nominated is on the electoral roll; or

(b) the person nominated provides written authorisation that he or she is entitled to exercise a vote on behalf of a corporate body that is entitled to a vote at the election.

(2)  If the returning officer is not satisfied as to the matters specified in subregulation (1) , the returning officer must reject the nomination.

(3)  The returning officer is to advise a person whether a nomination is accepted or rejected as soon as practicable after making the decision.

31.   Appeals against rejection of nomination

(1)  A person may appeal to the Minister against the rejection of a nomination under regulation 30(2) not more than 72 hours after being advised of the rejection.

(2)  In considering an appeal, the Minister may –

(a) direct the returning officer to accept the nomination if the Minister is of the opinion that the nomination is in accordance with the Act and these regulations; or

(b) confirm the rejection of the nomination.

(3)  A decision of the Minister under subregulation (2) is final.

32.   Uncontested election

If the number of nominations does not exceed the number of trustees to be elected, then those persons who have been nominated are taken to have been elected.

33.   Contested election

If the number of nominations exceeds the number of trustees to be elected, the returning officer must conduct a poll as soon as practicable.

34.   Notification of poll

(1)  The returning officer must specify the following by public notice:

(a) a date for polling day no less than 14 days after the date of the notice;

(b) the location of the poll within the area covered by the relevant water management plan or the water district;

(c) the names of the candidates;

(d) the place and times at which the electoral roll may be inspected;

(e) the time that the poll is to open and close on the polling day.

(2)  A subsequent public notice may amend a notice under subregulation (1) .

(3)  The manner of the conduct of a poll is to be determined by the returning officer, other than where specified by these regulations.

35.   Ballot papers

(1)  The returning officer is to ensure that the ballot paper is prepared in accordance with these regulations.

(2)  The ballot paper must –

(a) list the names of the candidates in a vertical column, with surnames first, in alphabetical order; and

(b) provide a designated space beside each candidate’s name in which to write a number; and

(c) provide instructions as to the manner of voting under regulation 37 .

36.   Electoral roll

(1)  The electoral roll is to contain a list of those persons eligible to vote at the election.

(2)  A returning officer must, by public notice, specify the date on which the electoral roll closes.

(3)  [Regulation 36 Subregulation (3) amended by S.R. 2003, No. 152, Applied:10 Dec 2003] The electoral roll closes 10 days after the date on which notice is given under regulation 27(1) .

37.   Voting

(1)  An elector is to mark the ballot paper by numbering the boxes in order of choice from number one to the number representing the total number of candidates.

(2)  An elector's vote does not count unless the elector numbers at least the same number of boxes as there are candidates to be elected.

(3)  After voting, each elector is to place his or her completed ballot paper in a secured container provided at the polling place for that purpose.

38.   Counting

(1)  At the close of polling, the returning officer is to open the container referred to in regulation 37(3) and count the votes as soon as practicable at the polling place, unless he or she is of the opinion that an alternative time or place is necessary to ensure a fair election.

(2)  The returning officer is to count the votes in accordance with Part 2 of Schedule 7 to the Local Government Act 1993 , except that exclusion of candidates ceases when the number of candidates remaining is equal to the number of candidates to be elected.

39.   Informal votes

The returning officer may determine that a vote is informal and may reject that vote if, in the returning officer's opinion, the elector's intention is not clearly indicated on the ballot paper.

40.   Declaration of election

As soon as practicable after all the votes are counted, the returning officer is to –

(a) declare the names of the persons elected at the election; and

(b) issue a certificate of the result of the election; and

(c) forward that certificate to the relevant trust and a certified copy of that certificate to the Minister.

41.   Trustees

Each person elected in accordance with these regulations is elected as a trustee for the purposes of the Act.

42.   Appeal against conduct of election

(1)  A person may appeal in writing to the Minister against the manner in which an election was conducted.

(2)  An appeal must be received by the Minister within 7 days of the declaration of the election under regulation 40 unless the Minister determines otherwise.

(3)  The Minister is to reject the appeal if he or she determines that the election was conducted –

(a) in accordance with these regulations; and

(b) in a fair manner.

(4)  If the Minister determines that the election was not conducted –

(a) in accordance with these regulations; or

(b) in a fair manner –

he or she may direct the Trust to hold another election under any conditions specified by the Minister.

(5)  Except as provided in subregulation (6) , conditions specified by the Minister under subregulation (4) must not be inconsistent with these regulations or the Act.

(6)  A condition under subregulation (4) may relate to the appointment of a specified person as the returning officer.

(7)  A determination or direction of the Minister under subregulation (3) or (4) is final.

Division 2 - Polling procedure

43.   Polls under section 213(4) of Act

(1)  All polls for the purposes of section 213(4) of the Act are to be conducted by a returning officer.

(2)  The following provisions of Division 1 are to be applied for the purposes of a poll under section 213(4) of the Act:

(a) regulations 24 , 25 , 26 , 36 , 39 and 42 ;

(b) regulation 40 , except that the returning officer is to declare whether the relevant trust may borrow the money in respect of which the poll was taken.

44.   Ballot papers

(1)  The returning officer is to ensure that the ballot paper is prepared in accordance with these regulations.

(2)  The ballot paper must –

(a) list each proposal amount and the purposes for which the proposed loan is to be applied; and

(b) provide a designated space underneath each proposal for a box next to the word "yes"; and

(c) provide a designated space underneath each proposal for a box next to the word "no"; and

(d) provide instructions as to the manner of voting in accordance with regulation 47 .

45.   Electors

Electors for the purposes of a poll under this Part are those persons eligible to vote at an election of trustees under clause 1 of Schedule 3 to the Act.

46.   Polling

The returning officer must make all arrangements and provisions as are necessary to carry out a poll.

46A.   Ballot material

[Regulation 46A Inserted by S.R. 2003, No. 152, Applied:10 Dec 2003]

(1)  The returning officer is to send or deliver during the polling period to each elector, at the address shown on the list of electors, the following:

(a) ballot material;

(b) any other document that the returning officer considers appropriate.

(2)  Any envelopes used for the return of ballot papers by an elector –

(a) are to be approved by the returning officer; and

(b) are to make provision on one of those envelopes for the elector to sign a declaration; and

(c) are to be designed to protect the secrecy of the vote.

(3)  A declaration under subregulation (2) is to state that the elector –

(a) is the person named on the envelope; and

(b) has voted on the ballot paper in the envelope.

(4)  Statements of candidates are to be –

(a) in accordance with any requirements approved by the returning officer; and

(b) printed in a format approved by the returning officer.

46B.   Voting procedure

[Regulation 46B Inserted by S.R. 2003, No. 152, Applied:10 Dec 2003] The elector, in accordance with the instructions, is to –

(a) mark the ballot paper; and

(b) place it in the envelope or envelopes provided; and

(c) sign the declaration; and

(d) send it by post, or deliver it, so that it is received before the end of the polling period by the returning officer.

46C.   Supplementary issue of ballot material

[Regulation 46C Inserted by S.R. 2003, No. 152, Applied:10 Dec 2003]

(1)  The returning officer, if there is reasonable time to do so, is to send or deliver, or provide in person, supplementary ballot material to an elector if satisfied that the elector –

(a) has not received the original documents; or

(b) has spoiled any of the original ballot material sent to him or her; or

(c) is entitled to vote but is not on the list of electors; or

(d) is to be absent from the address shown on the list of electors for part or all of the polling period.

(2)  Supplementary ballot material is to be sent or delivered to the address shown on the list of electors unless a person referred to in subregulation (1)(d) nominates another address.

(3)  A record is to be kept in a form approved by the returning officer of –

(a) the name and address of a person issued with supplementary ballot material; and

(b) the reason for that issue.

46D.   Ballot papers not to be accepted

[Regulation 46D Inserted by S.R. 2003, No. 152, Applied:10 Dec 2003] A ballot paper is not to be accepted if it is –

(a) received by the returning officer after the end of the polling period; or

(b) not contained in an envelope approved under regulation 46A(2) ; or

(c) contained in an envelope, approved under regulation 46A(2) , on which the declaration has not been signed as required under regulation 46B(c) ; or

(d) received from a person who is not entitled to vote.

47.   Voting

(1)  The voting at a poll is to be by ballot.

(2)  An elector is to vote at the poll in the following manner:

(a) if the elector approves a proposal, by marking the box provided on the ballot paper next to the word "yes";

(b) if the elector rejects a proposal, by marking the box provided on the ballot paper next to the word "no".

(3)  An elector's vote will not count unless the elector marks one box, and one box only, in respect of each proposal printed on the ballot paper.

(4)  After voting, an elector is to place his or her completed ballot paper in a secured container provided at the polling place for that purpose.

48.   Counting

(1)  Counting of the votes is to be undertaken by the returning officer in accordance with regulation 38(1) .

(2)  For the purposes of subregulation (1) , the ballot papers are to be counted to determine the following in respect of each proposal submitted to the electors at the poll:

(a) the number of ballot papers marked by electors approving each proposal;

(b) the number of ballot papers marked by electors rejecting each proposal.

SCHEDULE 1 - Field management fees

Regulation 8(1)

SCHEDULE 2

SCHEDULE 3 - Index plan of regions

Regulation 8(2)(a)

SCHEDULE 4 - Miscellaneous fees

Regulation 14

SCHEDULE 5 - Penalties in case of water infringement notices and demerit points

Regulations 15 , 16 and 17

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.