{"id":"tas:sr-2008-077","name":"Proclamation under the Water and Sewerage Industry Act 2008","slug":"proclamation-under-the-water-and-sewerage-industry-act-2008","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"77 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315878,"registerId":"tas-tas:sr-2008-077-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Proclamation under the Water and Sewerage Industry Act 2008","content":"> Proclamation under the Water and Sewerage Industry Act 2008\n\nI, 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, by this my proclamation made under [section 2 of the](/view/html/inforce/2026-04-12/act-2008-013#GS2@EN) [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) fix –\n\n> > (a) 9 July 2008 as the day on which the provisions of that Act, except [section 30](/view/html/inforce/2026-04-12/act-2008-013#GS30@EN) , commence; and\n> \n> > (b) 1 July 2009 as the day on which [section 30](/view/html/inforce/2026-04-12/act-2008-013#GS30@EN) of that Act commences.\n\n30 June 2008\n\nPETER G. UNDERWOOD\n\nGovernor\n\nBy His Excellency's Command,\n\nD. E. LLEWELLYN\n\nMinister for Primary Industries and Water\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 9 July 2008\n\nThis proclamation is administered in the Department of Primary Industries and Water.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The proclamation does not alter the substantive scope or obligations of the Water and Sewerage Industry Act 2008. It only fixes the dates on which the Act (generally 9 July 2008) and its section 30 (1 July 2009) commence under the power in section 2."},"complexity_factors":["Single, narrow purpose: fixes commencement dates rather than changing substantive law","References to specific Act provisions (section 2 used to make proclamation; section 30 singled out) require checking the parent Act for substantive effect","Formalities recorded (Governor, Minister signatures, Gazette notification, administering department)","Temporal sequencing: two different commencement dates increases minor implementation detail"],"plain_english_summary":"This proclamation fixes when the Water and Sewerage Industry Act 2008 begins to operate: most provisions started on 9 July 2008, while section 30 started on 1 July 2009. The Governor made the proclamation under section 2 of the Act. Mechanically, it brings the Act’s legal obligations and powers into effect on those dates, so people and businesses covered by the Act must comply from then. The Department of Primary Industries and Water administers the proclamation; the notice was published in the Gazette on 9 July 2008."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content is available in the provided text to determine whether the scope of this Proclamation changed from its original intent. The metadata indicates amendments have been made, but the nature of those changes cannot be assessed from what has been supplied."},"complexity_factors":["The document provided is almost entirely administrative metadata rather than substantive legal content, making analysis very limited","Proclamations are generally straightforward instruments — they tend to activate or designate rather than create complex obligations","The underlying Act (Water and Sewerage Industry Act 2008) can itself be complex, but this Proclamation appears to be a narrow, specific instrument under it","Existence of amendments adds a small layer of complexity without knowing their content"],"plain_english_summary":"This Proclamation, issued under the Water and Sewerage Industry Act 2008 (Tas), is an official declaration used to bring parts of that Act into effect. In force from 9 July 2008 and later amended, it affects Tasmanian households, businesses, water and sewerage service providers, and regulators by defining when and how the Act’s legal arrangements apply. The full text is needed to see precise impacts."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a commencement proclamation, which by definition has a narrow, single-purpose scope: to bring an Act into force. It has not expanded beyond this original intent."},"complexity_factors":["Single operative clause with two straightforward commencement dates","No defined terms, no cross-references to other legislation beyond citation of the parent Act","No conditional logic, exceptions, or substantive legal rules","Document is purely procedural — it performs one mechanical function (fixing commencement dates)","Total length: approximately 150 words of operative content"],"plain_english_summary":"This is a **commencement proclamation** — a formal government notice that brings a law into effect.\n\n**What it does:**\nThis document officially starts the clock on Tasmania's *Water and Sewerage Industry Act 2008*. It sets two different start dates for different parts of the law:\n\n- **9 July 2008**: Most of the Act begins operating (everything except one section)\n- **1 July 2009**: Section 30 of the Act begins operating (a 12-month delay)\n\n**Who it affects:**\n- Tasmanian households and businesses connected to water and sewerage services\n- The government body (Tasmanian Water and Sewerage Corporation) set up by the Act\n- Local councils and water authorities being restructured\n\n**Why it matters:**\nWithout this proclamation, the Act would just be words on paper — it wouldn't actually do anything. This document is the legal switch that turns the law \"on.\" The staggered start dates suggest the government needed time to prepare: most reforms could begin immediately, but Section 30 (likely dealing with something complex like pricing, transfers of assets, or employee arrangements) needed an extra year to get ready."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"high","reasoning":"A Proclamation is a legally operative instrument that must contain substantive content (e.g., declaring a commencement date, fixing a date, bringing provisions into force). This document contains only metadata, status information, and navigation elements repeated multiple times. There is nothing to be 'current' or 'in force' because there is no operative legal text. A Proclamation without a proclamation is a logical nullity.","confidence":0.95,"description":"The document states it is 'current from 9 July 2008 to date' while simultaneously stating 'File last modified 5 July 2017', yet the document contains no substantive operative provisions whatsoever — it is a shell document purporting to be a Proclamation with no proclamation content."},{"type":"other","section":"Currency of version","severity":"low","reasoning":"While not strictly a legislative flaw, claiming a document is 'current to date' for an access date of 2026 when it was last modified in 2017 creates an ambiguity: has the Proclamation simply not been amended (plausible for a commencement proclamation), or has it been overlooked? For a document with no substantive content, the currency claim is meaningless.","confidence":0.6,"description":"The document claims currency 'to date (accessed 8 April 2026 at 1:55)' while the file was 'last modified 5 July 2017' — implying nearly 9 years of unchanged currency is being actively asserted as 'current', yet no mechanism is described for verifying what 'current' means for a document with no operative text."},{"type":"other","section":"Entire document structure","severity":"high","reasoning":"The wholesale duplication of all headings and metadata sections without any operative proclamation text strongly suggests the substantive content of the instrument was never rendered or is missing entirely. If this is the published version of the law, citizens and courts have no access to what was actually proclaimed, making compliance literally impossible — there is nothing to comply with.","confidence":0.97,"description":"Every heading and section in the document is duplicated verbatim (e.g., 'Status Information Status Information', 'Currency of version Currency of version', 'Authorisation Authorisation'), suggesting a systemic rendering error that may mean the actual operative proclamation text is entirely absent from what has been presented for legal analysis."},{"type":"impossible_compliance","section":"Table of Amending Instruments","severity":"medium","reasoning":"If there are amending instruments recorded against this Proclamation but the Proclamation itself contains no operative provisions in its published form, any purported amendments have no legal text to attach to. This creates a situation where the amendment history exists but the amended subject matter does not appear in the document.","confidence":0.85,"description":"The document references a 'Table of Amendments' via a hyperlink but contains no primary operative text to be amended. Amendments to a document with no content are logically impossible — one cannot amend nothing."}],"contradictions":[{"severity":"low","section_a":"Currency of version — 'current from 9 July 2008 to date'","section_b":"Authorisation — 'File last modified 5 July 2017'","confidence":0.65,"description":"The document asserts continuous currency from 2008 to the access date of 2026, but the file modification date of 2017 contradicts the implication that the document reflects any changes made after 2017, raising doubt about whether the 'to date' currency claim is accurate or merely a boilerplate assertion."},{"severity":"high","section_a":"Instrument title — 'Proclamation under the Water and Sewerage Industry Act 2008'","section_b":"Entire document body — contains no operative proclamation text","confidence":0.95,"description":"The title asserts this is a legally operative Proclamation made under a specific Act, but the body of the document contains no operative clauses, no proclamation declarations, no commencement dates, and no substantive legal content of any kind. The title and body are irreconcilably contradictory."}]}},"importantCases":[],"_links":{"self":"/api/acts/proclamation-under-the-water-and-sewerage-industry-act-2008","history":"/api/acts/proclamation-under-the-water-and-sewerage-industry-act-2008/history","analysis":"/api/acts/proclamation-under-the-water-and-sewerage-industry-act-2008/analysis","conflicts":"/api/acts/proclamation-under-the-water-and-sewerage-industry-act-2008/conflicts","importantCases":"/api/acts/proclamation-under-the-water-and-sewerage-industry-act-2008/important-cases","documents":"/api/acts/proclamation-under-the-water-and-sewerage-industry-act-2008/documents"}}