Water Management (Dam Works Exemption) Order 2007

Water Management (Dam Works Exemption) Order 2007

I make the following order under section 137(2) of the Water Management Act 1999 .

D. E. LLEWELLYN

Minister for Primary Industries and Water

1.   Short title

This order may be cited as the Water Management (Dam Works Exemption) Order 2007 .

2.   Commencement

This order takes effect on 16 July 2007.

3.   Interpretation

(1)  In this order –

Act means the Water Management Act 1999 .

(2)  An expression used in this order that is defined in the Act has the same meaning as so defined.

(3)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if it were by-laws.

4.   Permit not required for certain dam works

A permit under Part 8 of the Act is not required in respect of dam works of a type specified in Schedule 1 if they are for a dam that is –

(a) used primarily for hydro-electric power generation; or

(b) part of a water storage scheme that has, as its primary purpose, hydro-electric power generation.

SCHEDULE 1 - Dam works for which permit not required

Clause 4

1.   Dam works for routine repairs &c.

Dam works that –

(a) are necessary to restore a dam's operational capacity or for its maintenance, routine repair, modification or upgrading; and

(b) do not –

(i) alter the functionality of the dam's design or its specifications; or

(ii) raise the full supply level of the associated reservoir; or

(iii) involve the rebuilding of the dam; or

(iv) cause environmental nuisance, material environmental harm or serious environmental harm; or

(v) increase any risk to human life.

2.   Urgent dam works

Dam works that –

(a) are urgently required to prevent injury to any person or damage to any dam; and

(b) do not cause serious environmental harm.

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

Notified in the Gazette on 4 July 2007

This order is administered in the Department of Primary Industries and Water.