{"id":"tas:sr-2020-086","name":"Water and Sewerage Industry Exemption Order 2020","slug":"water-and-sewerage-industry-exemption-order-2020","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"86 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182735,"registerId":"tas-tas:sr-2020-086-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This order may be cited as the [Water and Sewerage Industry Exemption Order 2020](/view/html/inforce/2026-04-12/sr-2020-086) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this order –\n> \n> > ***Act*** means the [Water and Sewerage Industry Act 2008](/view/html/inforce/2026-04-12/act-2008-013) ;\n> \n> > ***relevant infrastructure*** means water infrastructure or sewerage infrastructure;\n> \n> > ***relevant service*** means a water service or sewerage service;\n> \n> > ***retail premises*** means premises that are used primarily for either or both of the following:\n> > \n> > > > (a) the sale of goods;\n> > > \n> > > > (b) the provision of services;\n> \n> > ***shopping centre*** means premises in which 2 or more retail premises are situated.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Renewal of exemptions","content":"### 4 Renewal of exemptions\n\n> This order renews the exemptions granted by the [Water and Sewerage Industry Exemption Order 2011](/view/html/inforce/2026-04-12/sr-2011-025) made on 21 March 2011.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Exempt persons","content":"### 5 Exempt persons\n\n> > (1)  A person is exempt from [section 30(a)](/view/html/inforce/2026-04-12/act-2008-013#GS30@Hpa@EN) of the Act in respect of a relevant service if the person –\n> > \n> > > > (a) owns or operates relevant infrastructure used for the provision of the relevant service to another person; and\n> > > \n> > > > (b) is a body corporate, or an unincorporated body of persons, that is not primarily a provider of the relevant service.\n> \n> > (2)  A person is exempt from [section 30(b)](/view/html/inforce/2026-04-12/act-2008-013#GS30@Hpb@EN) of the Act in respect of a relevant service if the person –\n> > \n> > > > (a) provides the relevant service to another person by means of, or in connection with the use of, relevant infrastructure; and\n> > > \n> > > > (b) is a body corporate, or an unincorporated body of persons, that is not primarily a provider of the relevant service.\n> \n> > (3)  For the purposes of [subclauses (1)](#GS5@Gs1@EN) and [(2)](#GS5@Gs2@EN) , a body corporate, or an unincorporated body of persons, is not primarily a provider of a relevant service if the relevant body was formed primarily for purposes other than –\n> > \n> > > > (a) the provision, by means of a reticulated system, of drinking water for sale; or\n> > > \n> > > > (b) the provision of a reticulated sewerage service.\n> \n> > (4)  The following persons are exempt from [section 30(a)](/view/html/inforce/2026-04-12/act-2008-013#GS30@Hpa@EN) and [section 30(b)](/view/html/inforce/2026-04-12/act-2008-013#GS30@Hpb@EN) of the Act in the following circumstances:\n> > \n> > > > (a) Hydro Tasmania (ABN 48 072 377 158), in relation to the provision to another person of water from the Trevallyn Dam or the canal at Poatina known as Poatina Canal;\n> > > \n> > > > (b) MMG Limited (ABN 31 150 889 151), in relation to the provision to another person of water at Rosebery.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Exempt activities","content":"### 6 Exempt activities\n\n> > (1)  A person who owns, or operates, relevant infrastructure by means of which, or in connection with which, an activity referred to in [subclause (2)](#GS6@Gs2@EN) occurs, is exempt from [sections 30(a)](/view/html/inforce/2026-04-12/act-2008-013#GS30@Hpa@EN) and [(b)](/view/html/inforce/2026-04-12/act-2008-013#GS30@Hpb@EN) of the Act.\n> \n> > (2)  The following activities are exempt from [sections 30(a)](/view/html/inforce/2026-04-12/act-2008-013#GS30@Hpa@EN) and [(b)](/view/html/inforce/2026-04-12/act-2008-013#GS30@Hpb@EN) of the Act:\n> > \n> > > > (a) providing a relevant service to another person free of charge;\n> > > \n> > > > (b) providing a relevant service in Tasmania to not more than 250 customers of the service at any one time;\n> > > \n> > > > (c) providing a relevant service, while owning or managing a caravan park, to a person occupying a site within the caravan park;\n> > > \n> > > > (d) providing a relevant service, while owning or leasing a building, to a person who occupies the building;\n> > > \n> > > > (e) providing a relevant service, while owning or managing a shopping centre, to occupants of that centre.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Term of exemption","content":"### 7 Term of exemption\n\n> This order remains in force until 1 January 2031.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Legislation revoked","content":"### 8 Legislation revoked\n\n> The legislation specified in [Schedule 1](#JS1@EN) is revoked.","sortOrder":7},{"sectionNumber":"SCHEDULE 1 - Legislation revok","sectionType":"part","heading":"SCHEDULE 1 - Legislation revoked","content":"# SCHEDULE 1 - Legislation revok SCHEDULE 1 - Legislation revoked\n\n[Clause 8](#GS8@EN)\n\n| Water and Sewerage Industry Exemption Order 2011 (No. 25 of 2011) |\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 23 December 2020\n\nThis order is administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":8}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This Order is a direct renewal of the 2011 exemptions with identical scope. It does not expand beyond the original purpose of exempting incidental and small-scale water/sewerage providers from licensing requirements."},"complexity_factors":["Only 4 defined terms in the interpretation section, all straightforward","Simple conditional structure with clear 'if-then' logic in exemptions","No nested exceptions or complex cross-referencing beyond basic references to the parent Act","Specific named exemptions for two companies (Hydro Tasmania and MMG Limited) create minor administrative complexity","Single revocation clause replacing one previous Order","Total length is very short (8 clauses plus schedule)"],"plain_english_summary":"This is a Tasmanian law that gives certain people and businesses a free pass from needing a licence to provide water or sewerage services.\n\n**What it does:**\nNormally, under the Water and Sewerage Industry Act 2008, you need a licence to own or operate water or sewerage infrastructure, or to actually provide these services to others. This Order creates **exemptions** (legal exceptions) so that some people can do these things without getting a licence.\n\n**Who gets exempted:**\n\n*   **Non-water businesses:** Companies or groups that own water infrastructure but aren't mainly in the water business (for example, a mining company that happens to have a dam). They can provide water to others without a licence.\n*   **Specific named companies:** Hydro Tasmania (for water from Trevallyn Dam and Poatina Canal) and MMG Limited (for water at Rosebery) get specific exemptions.\n*   **Small or incidental providers:** People or businesses providing water or sewerage services:\n    *   For free;\n    *   To 250 customers or fewer;\n    *   To people staying at a caravan park they own or manage;\n    *   To tenants in a building they own or lease;\n    *   To shop owners in a shopping centre they manage.\n\n**Why it matters:**\nThis stops the licensing system from capturing people who only provide water or sewerage services as a side part of their main business (like a landlord, shopping centre manager, or small community group). It also recognises that some large infrastructure owners (like Hydro Tasmania) provide water incidentally to their main operations and shouldn't need a full water utility licence.\n\nThe Order replaces and continues exemptions that were first granted in 2011, and will stay in force until 1 January 2031."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Order expressly renews the exemptions granted by the 2011 Exemption Order (s4) and revokes that earlier instrument (Schedule 1). It retains the same categories of exemption set out in ss5–6 (including the 'not primarily a provider' test, the 250-customer threshold, activity-based exemptions, and named corporate exemptions) and fixes the term until 1 January 2031 (s7). The instrument therefore continues the prior exemption framework rather than expanding its stated scope."},"complexity_factors":["Automatic, definition-based exemptions: the Order states who is exempt as a matter of law rather than by administrative grant (s5(1)–(2)); this reduces procedural complexity but requires self-assessment by entities.","Narrow statutory definitions that affect scope: 'relevant infrastructure', 'relevant service', 'retail premises' and 'shopping centre' set the boundaries of application (s3).","Primary-provider factual test: a body is exempt if it 'was formed primarily for purposes other than' providing reticulated drinking water or sewerage, creating a factual inquiry about formation purpose (s5(3)).","Activity-based exemptions create measurement issues: exemptions depend on activities such as providing services free of charge, or to not more than 250 customers at any one time (s6(2)(a),(b)) — counting and timing rules may be required.","Specific named corporate carve-outs: Hydro Tasmania and MMG Limited receive express exemptions for particular supplies, which are explicit, narrow exceptions (s5(4)(a)–(b)).","Multiple situational exemptions: owners/managers of caravan parks, building owners/lessees to occupants, and shopping-centre occupants are separately exempted (s6(2)(c)–(e)), increasing categorical complexity.","Temporal and administrative clarity: commencement occurs on Gazette notification (s2) and the Order expires on a fixed date (1 Jan 2031) (s7), simplifying temporal scope.","Continuity and revocation: the Order renews prior exemptions and revokes the 2011 Order (s4; Schedule 1), which centralises current exemptions but requires checking historical instruments for changes.","Compliance and incentives: entities that qualify are relieved of s30 obligations (ss5–6), shifting compliance costs away from exempt providers; entities must decide and document eligibility (implicit from ss5–6).","Limited administrative discretion within the instrument itself: the Order defines exemptions rather than delegating broad discretion to an agency, though interpretation and enforcement would arise under the principal Act (ss5–6)."],"plain_english_summary":"This Order renews targeted exemptions from section 30 of the Water and Sewerage Industry Act 2008 so that certain owners/operators of water or sewerage infrastructure and defined activities are not treated as regulated providers. It covers bodies formed for non‑service purposes, small systems (≤250 customers), free services, caravan parks, building occupiers, shopping‑centre occupants, and named corporations (ss5–6). It takes effect on Gazette notification and expires 1 January 2031 (ss2,7)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this instrument changed from its original intent. It appears to have been enacted in December 2020 and remained current and unamended through the access date of April 2026, suggesting it has operated consistently within its original purpose."},"complexity_factors":["Subordinate legislation (a statutory order) layered on top of parent water industry legislation, requiring cross-referencing to understand full effect","Exemption-based instrument — meaning its impact is defined by what it *removes* rather than what it *creates*, which can be less intuitive to interpret","Sector-specific regulatory context (water and sewerage) requires background knowledge of the Tasmanian industry framework","Limited substantive text available for analysis — full operative provisions not visible in the provided document, limiting assessment","Potential interaction with broader national or state regulatory schemes adds interpretive complexity"],"plain_english_summary":"The order grants targeted exemptions to certain water and sewerage operators in Tasmania, relieving them from specific regulatory requirements that would otherwise apply. It therefore changes which rules govern some providers and activities in the sector.\n\nThat matters to small or specialised service providers, their customers, and regulators because usual consumer protections, pricing oversight, or service standards may not apply. The operative exemption details weren’t included in the provided document, so practical effects depend on the unseen clauses."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/water-and-sewerage-industry-exemption-order-2020","history":"/api/acts/water-and-sewerage-industry-exemption-order-2020/history","analysis":"/api/acts/water-and-sewerage-industry-exemption-order-2020/analysis","conflicts":"/api/acts/water-and-sewerage-industry-exemption-order-2020/conflicts","importantCases":"/api/acts/water-and-sewerage-industry-exemption-order-2020/important-cases","documents":"/api/acts/water-and-sewerage-industry-exemption-order-2020/documents"}}