Water Management (Well Works Permit Exemption) Order (No. 2) 2009

Water Management (Well Works Permit Exemption) Order (No. 2) 2009

I make the following order under section 135H(1) 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 (Well Works Permit Exemption) Order (No. 2) 2009 .

2.   Commencement

This order takes effect on 1 September 2009.

3.   Interpretation

(1)  In this order –

Act means the Water Management Act 1999 .

(2)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if it were regulations within the meaning of that Act.

4.   Exemption

It is declared that a well works permit is not required for the following classes of well works:

(a) well works carried out (and the well subsequently used solely) for the purposes of –

(i) groundwater sampling and monitoring (including collection of data for geotechnical, engineering or environmental purposes); or

(ii) investigating potential or actual groundwater contamination;

(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 apply for a permit under section 135A of the Act) to –

(i) prevent the pollution or deterioration of groundwater; or

(ii) prevent water wastage;

(d) well works undertaken in good faith in an emergency (in circumstances where it is not feasible to apply for a permit under section 135A of the Act) to –

(i) prevent the death or injury of any person or animal; or

(ii) safeguard property.

5.   Legislation revoked

The legislation specified in Schedule 1 is revoked.

SCHEDULE 1 - Legislation revoked

Clause 5

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

Notified in the Gazette on 8 July 2009

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