{"id":"tas:act-1985-042","name":"Farm Water Development Act 1985","slug":"farm-water-development-act-1985","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"42 of 1985","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109904,"registerId":"tas-act-1985-042-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Farm Water Development Act 1985](/view/html/inforce/2026-04-12/act-1985-042) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act shall commence on the day on which it receives the Royal assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> *\\[Section 3 Amended by No. 77 of 1995, s. 3 and Sched. 1 \\]*In this Act, unless the contrary intention appears –\n> \n> > ***eligible person*** means a person who is engaged in farming operations and whose sole or principal source of income is derived from those operations;\n> \n> > ***loan*** means a loan under this Act;\n> \n> > ***TDR*** means Tasmania Development and Resources.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Power of TDR to make loans","content":"### 4 Power of TDR to make loans\n\n> *\\[Section 4 Amended by No. 77 of 1995, s. 3 and Sched. 1 \\]*Subject to this Act, TDR may, out of the money available to it under [section 12](#GS12@EN) , make loans to eligible persons for the purposes specified in [section 5](#GS5@EN) .","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Loans for development of farm water","content":"### 5 Loans for development of farm water\n\n> *\\[Section 5 Amended by No. 17 of 1990, s. 4 \\]*A loan may be made to an eligible person for the purposes of –\n> \n> > > (a) [*\\[Section 5 Amended by No. 56 of 2008, s. 135, Applied:11 Feb 2009\\]*](/view/html/inforce/2009-02-11/act-2008-056#GS135@EN) [*\\[Section 5 Amended by No. 34 of 2015, s. 4, Applied:01 Jan 2016\\]*](/view/html/inforce/2016-01-01/act-2015-034#GS4@EN) undertaking, in accordance with a permit under the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) , dam works that are to be used in connection with the storage of water for irrigation on a farm owned or occupied by that eligible person; or\n> > \n> > > (b) the drilling or construction of a well or bore in order to take water for use on a farm owned or occupied by that eligible person; or\n> > \n> > > (c) the provision of an irrigation system on a farm owned or occupied by that eligible person.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Terms and conditions of loans","content":"### 6 Terms and conditions of loans\n\n> *\\[Section 6 Substituted by No. 17 of 1990, s. 5 \\]**\\[Section 6 Amended by No. 77 of 1995, s. 3 and Sched. 1 \\]*A loan made under this Act shall be made subject to terms and conditions determined by TDR.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Applications for loans","content":"### 7 Applications for loans\n\n> *\\[Section 7 Subsection (1) amended by No. 77 of 1995, s. 3 and Sched. 1 \\]**\\[Section 7 Subsection (2) amended by No. 77 of 1995, s. 3 and Sched. 1 \\]**\\[Section 7 Subsection (3) amended by No. 77 of 1995, s. 3 and Sched. 1 \\]**\\[Section 7 Subsection (4) amended by No. 77 of 1995, s. 3 and Sched. 1 \\]*\n> \n> > (1)  An eligible person who seeks a loan may make application for the loan to TDR.\n> \n> > (2)  An application for a loan –\n> > \n> > > > (a) shall be in writing in a form provided for that purpose by TDR; and\n> > > \n> > > > (b) shall contain such particulars and information as may be specified in the form.\n> \n> > (3)  TDR may require an applicant under this section to provide it with such information as TDR considers necessary in order to show to its satisfaction whether or not the applicant is an eligible person.\n> \n> > (4)  On receipt of an application made in accordance with this section, TDR may grant the application or refuse to grant the application.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Power of TDR to obtain information","content":"### 8 Power of TDR to obtain information\n\n> *\\[Section 8 Amended by No. 77 of 1995, s. 3 and Sched. 1 \\]*Where a person has applied for a loan, TDR may require that person –\n> \n> > > (a) to give TDR an authorization to obtain from any person information available to him with respect to the applicant; and\n> > \n> > > (b) to produce to TDR such documents as TDR may require.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Security","content":"### 9 Security\n\n> *\\[Section 9 Amended by No. 77 of 1995, s. 3 and Sched. 1 \\]*TDR shall take and require such security for the repayment of loans as in each case it considers to be adequate in the circumstances.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Exemption from fees and stamp duty","content":"### 10 Exemption from fees and stamp duty\n\n> *\\[Section 10 Amended by No. 77 of 1995, s. 3 and Sched. 1 \\]*[*\\[Section 10 Amended by No. 15 of 2001, Sched. 2, Applied:01 Jul 2001\\]*](/view/html/inforce/2001-07-01/act-2001-015#JS2@Ja8@GC1@EN) An instrument made by TDR for the purposes of this Act may be filed, recorded, or registered without payment of any fee.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Repayment of loans","content":"### 11 Repayment of loans\n\n> *\\[Section 11 Amended by No. 77 of 1995, s. 3 and Sched. 1 \\]*TDR shall pay all money received by it under this Act in repayment of loans and payment of interest on loans into such accounts created in the Treasury as the Treasurer may require in such manner as the Treasurer may direct.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Appropriation from the Public Account, &c.","content":"### 12 Appropriation from the Public Account, &c.\n\n> *\\[Section 12 Amended by No. 77 of 1995, s. 3 and Sched. 1 \\]*The money required for the purposes of this Act shall be paid from –\n> \n> > > (a) [*\\[Section 12 Amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja38@GC1@EN) money appropriated by Parliament from the Public Account for the purpose; or\n> > \n> > > (b) the other funds of TDR available for the purpose.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"False or misleading statements","content":"### 13 False or misleading statements\n\n> *\\[Section 13 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 \\]**\\[Section 13 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 \\]**\\[Section 13 Subsection (3) amended by No. 77 of 1995, s. 3 and Sched. 1 \\]*\n> \n> > (1)  A person shall not, in connection with, or in support of, an application for a loan, make, whether orally or in writing, a statement that, to his knowledge, is false or misleading in a material particular.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units.\n> \n> > (2)  A person shall not obtain payment of a loan by means of a statement, whether orally or in writing, that, to his knowledge, is false or misleading in a material particular or by means of impersonation or a fraudulent device.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months.\n> \n> > (3)  Where a person is convicted of an offence against this section, the court may, in addition to imposing a penalty in respect of the offence, order him to pay to TDR an amount equal to the amount of the outstanding balance of the loan paid under this Act in consequence of the act, failure, or omission in respect of which he was convicted, together with interest calculated up to a date determined by the court.\n> \n> > (4)  It is a defence to a charge under this section if it is proved that, at the time the application or statement was made, the defendant believed on reasonable grounds that it was neither false nor misleading.\n> \n> > (5)  Where an offence against this Act is committed by a body corporate –\n> > \n> > > > (a) every director, or member of the governing body, of the body corporate; and\n> > > \n> > > > (b) every manager or secretary of the body corporate –\n> > \n> > shall be deemed also to have committed the offence, and may be convicted of the offence, unless he proves that the act or omission constituting the offence took place without his knowledge or consent.\n> \n> > (6)  A person referred to in [subsection (5)](#GS13@Gs5@EN) may be convicted of an offence under that subsection whether or not the body corporate is charged with, or convicted of, the offence.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Regulations","content":"### 14 Regulations\n\n> *\\[Section 14 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 \\]**\\[Section 14 Subsection (4) amended by No. 77 of 1995, s. 3 and Sched. 1 \\]*\n> \n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  Regulations under [subsection (1)](#GS14@Gs1@EN) may be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.\n> \n> > (3)  Regulations under [subsection (1)](#GS14@Gs1@EN) may provide that it is an offence, punishable on summary conviction, for a person to contravene or fail to comply with, any of the regulations and may provide in respect of any such offence for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 0·5 penalty unit for each day during which the offence continues.\n> \n> > (4)  A regulation under [subsection (1)](#GS14@Gs1@EN) may authorize any matter or thing to be from time to time determined, applied, or regulated by TDR or any person or body specified in the regulation.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Certain interest rates may be reviewed","content":"### 15 Certain interest rates may be reviewed\n\n> *\\[Section 15 inserted by No. 17 of 1996, s. 30, incorporation of provision from No. 17 of 1990 \\]*\n> \n> > (1)  Notwithstanding the terms and conditions subject to which any loan granted under this Act before the commencement of the *Farm Water Development Amendment Act 1990* was granted, the rate of interest payable under any such loan may be varied by Tasmania Development and Resources giving to the borrower written notice of its intention to vary that rate of interest.\n> \n> > (2)  A notice given by Tasmania Development and Resources under [subsection (1)](#GS15@Gs1@EN) is to specify –\n> > \n> > > > (a) the new rate of interest; and\n> > > \n> > > > (b) the date from which that new rate of interest will apply –\n> > \n> > and must be given at least 6 weeks before the date from which the new interest rate will apply.","sortOrder":14}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act has been amended several times, altering scope and mechanics: purposes clarified to require Water Management Act permits for some dam works (s 5 amendments), fee/stamp duty exemptions affirmed (s 10), funding source language updated (s 12), and an interest‑variation power for pre‑amendment loans was added (s 15). These amendments expand administrative discretion and adjust borrower obligations and funding arrangements."},"complexity_factors":["Executive discretion over eligibility and all loan terms (TDR determines terms and security) (ss 4, 6, 9)","Information‑gathering and document production powers placed on applicants (ss 7–8)","Criminal and civil consequences for false or misleading statements, including director liability for corporates (s 13)","Regulations can create additional offences and delegate detailed matters to TDR or others (s 14)","Ability to vary interest retrospectively for loans granted before a specified amendment creates uncertainty for borrowers (s 15)","Funding dependent on Parliamentary appropriation or TDR funds, linking programme to budgetary processes (s 12)"],"plain_english_summary":"This Act lets Tasmania Development and Resources (TDR) lend money to farmers whose main income is farming to build or improve on‑farm water infrastructure (dams, bores, irrigation), using Parliamentary appropriations or TDR funds (ss 4–5, 12).  \n\nTDR decides who qualifies, sets loan terms and security, may require information, can vary interest on certain older loans, and enforces penalties for false statements; borrowers repay loans and bear compliance and financing costs (ss 6–9, 13, 15)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of providing government loans for farm water infrastructure. While it has been amended multiple times (notably in 1990, 1995, 2008, 2015, and 2017), these changes have been technical updates — transferring administration between agencies, linking to newer water licensing laws, and modernising penalty units — rather than expanding the scope beyond farm water development loans."},"complexity_factors":["Only 3 defined terms in the interpretation section ('eligible person', 'loan', 'TDR')","Straightforward purpose structure: 3 specific loan purposes listed in section 5 with no nested conditions","Minimal cross-referencing — only references to the Water Management Act 1999 and internal section references","Simple administrative framework: one decision-maker (TDR), standard application process","Some amendment history visible (multiple amending Acts noted) but current text remains readable","Criminal offence provisions in section 13 are standard format with clear penalties and a reasonable defence provision","No complex conditional logic or exceptions to exceptions — the 'unless contrary intention' standard interpretation clause is the only qualifier"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a government-backed loan scheme to help Tasmanian farmers build water infrastructure on their properties. It allows Tasmania Development and Resources (TDR) — a state government agency — to lend money to farmers for specific water projects.\n\n**Who can get a loan:**\n\nAn **\"eligible person\"** is someone who:\n- Runs farming operations, **and**\n- Gets most or all of their income from those operations\n\n**What the loans can be used for:**\n\nFarmers can borrow money for three specific purposes:\n- **Building dams** for irrigation (but only with a proper permit under the *Water Management Act 1999*)\n- **Drilling wells or bores** to access groundwater for farm use\n- **Installing irrigation systems** on the farm\n\n**How it works:**\n\n- Farmers apply in writing to TDR\n- TDR decides the terms, conditions, and interest rates for each loan\n- TDR can demand security (like a mortgage or guarantee) to protect the loan\n- Money for the loans comes from Parliament's budget (the Public Account) or TDR's own funds\n- Repayments go back to the Treasury\n\n**Important rules:**\n\n- **No fees** for registering loan documents (saving farmers stamp duty and filing costs)\n- **Criminal penalties** for lying on applications — fines up to 50 penalty units or even 12 months jail for serious fraud\n- **Interest rates on old loans** (from before 1990) can be changed, but borrowers must get 6 weeks' written notice\n- **Company directors** can be personally liable if their business commits fraud under this Act\n\n**Why it matters:**\n\nThis is a targeted subsidy for agricultural water security. It helps farmers invest in expensive infrastructure (dams, bores, irrigation) that they might not afford otherwise, with the government taking on the lending risk. The Act has been updated several times since 1985 to change which agency administers it and to link it to modern water licensing laws."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available metadata only, there is no evidence of scope change from the original intent. The Act appears to have maintained its focus on farm water development in Tasmania since 1985. A definitive assessment would require the full amended text."},"complexity_factors":["Insufficient legislative text provided — only metadata and status information was supplied, preventing full analysis","Agricultural water law typically involves intersection of land law, water rights, and administrative processes","Potential interaction with other Tasmanian water legislation (e.g., Water Management Act 1999) could add complexity","Act has been in force since 1985 with amendments, meaning layered changes may exist","Limited scope as a state-specific, sector-specific Act reduces overall complexity"],"plain_english_summary":"The Farm Water Development Act 1985 (Tas.) sets out a framework for supporting and regulating on‑farm water infrastructure—dams, irrigation and storage—affecting Tasmanian farmers, rural landowners and government agencies involved in approvals or assistance. \n\nIt matters because government support and orderly regulation of farm water supplies can be critical to agricultural viability, especially in dry periods; this summary is based on the Act’s title and context, not the full text."}},"importantCases":[],"_links":{"self":"/api/acts/farm-water-development-act-1985","history":"/api/acts/farm-water-development-act-1985/history","analysis":"/api/acts/farm-water-development-act-1985/analysis","conflicts":"/api/acts/farm-water-development-act-1985/conflicts","importantCases":"/api/acts/farm-water-development-act-1985/important-cases","documents":"/api/acts/farm-water-development-act-1985/documents"}}