Water Management (Well Driller's Licence Exemption) Order 2009
I make the following order under section 136J(1) of the Water Management Act 1999 .
20 January 2009D. E. LLEWELLYN
Minister for Primary Industries and Water
This order may be cited as the Water Management (Well Driller's Licence Exemption) Order 2009 .
This order takes effect on the day on which the provisions of the Water Legislation Amendment Act 2008 commence.
The Acts Interpretation Act 1931 applies to the interpretation of this order as if it were regulations within the meaning of that Act.
The following categories of well works are exempt from the operation of Division 4 of Part 7 of the Water Management Act 1999 :(a) well works not involving any excavation deeper than 3 metres below the natural surface of the ground;(b) well works carried out solely for maintenance purposes and not involving –(i) the repositioning of the casing, lining or screen of the well; or(ii) a major modification of the casing, lining or screen of the well; or(iii) the replacement of the casing, lining or screen of the well with a casing, lining or screen of entirely different design or specifications; or(iv) the deepening of the well by more than 1.5 metres;(c) well works that reasonably need to be undertaken urgently (in circumstances where it is not feasible to obtain the services of the holder of a well driller's licence) to –(i) prevent the pollution or deterioration of bore water; or(ii) prevent water wastage;(d) well works undertaken in good faith in an emergency (in circumstances where it is not feasible to obtain the services of the holder of a well driller's licence) to –(i) prevent the death or injury of any person or animal; or(ii) safeguard property.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 11 February 2009
This order is administered in the Department of Primary Industries and Water.