{"id":"tas:sr-2005-102","name":"Water Management (Dam Works Exemption) Order 2005","slug":"water-management-dam-works-exemption-order-2005","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"102 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317688,"registerId":"tas-tas:sr-2005-102-current","compilationNumber":null,"startDate":"2026-04-08","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 Management (Dam Works Exemption) Order 2005](/view/html/inforce/2026-04-12/sr-2005-102) .","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> > (1)  In this order –\n> > \n> > > ***Act*** means the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) ;\n> > \n> > > ***batter slope*** means the upstream or downstream outer surface of a dam wall;\n> > \n> > > ***earth-fill embankment dam wall*** means any dam wall primarily constructed of selected excavated soil materials;\n> > \n> > > ***flood capacity*** means the amount of water that can be carried by a spillway without risking the safety of the dam;\n> > \n> > > ***main dimensions of a dam wall*** means the dam wall height, dam wall crest width, batter slope dimensions and spillway dimensions;\n> > \n> > > ***spillway*** means a structure over or through which excess water is discharged from a dam.\n> \n> > (2)  An expression used in this order that is defined in the Act has the same meaning as so defined.\n> \n> > (3)  The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) applies to the interpretation of this order as if it were by-laws.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Permit not required for certain dam works","content":"### 4 Permit not required for certain dam works\n\n> > (1)  A permit under [Part 8](/view/html/inforce/2026-04-12/act-1999-045#HP8@EN) of the Act is not required in respect of dam works carried out for any of the following purposes:\n> > \n> > > > (a) to make minor repairs to a dam wall that do not –\n> > > > \n> > > > > > (i) increase the pre-existing maximum height of the dam wall; or\n> > > > > \n> > > > > > (ii) steepen the pre-existing batter slopes of the dam wall; or\n> > > > > \n> > > > > > (iii) change the pre-existing main dimensions of the dam wall;\n> > > \n> > > > (b) to make minor repairs to an earth-fill embankment dam wall that do not involve the repair or replacement of any section of the dam wall that disturbs –\n> > > > \n> > > > > > (i) more than 10% of the horizontal width of the dam wall between the upstream and downstream batter slopes; or\n> > > > > \n> > > > > > (ii) more than 20% of the horizontal length of the dam wall, measured at any height between each end of the dam wall;\n> > > \n> > > > (c) [*\\[Clause 4 Subclause (1) amended by S.R. 2011, No. 114, Applied:16 Nov 2011\\]*](/view/html/inforce/2011-11-16/sr-2011-114#GS4@Hpa@EN) to repair or maintain a fish-pass around or over an existing dam wall;\n> > > \n> > > > (ca) [*\\[Clause 4 Subclause (1) amended by S.R. 2011, No. 114, Applied:16 Nov 2011\\]*](/view/html/inforce/2011-11-16/sr-2011-114#GS4@Hpb@EN) subject to [subclause (2)](#GS4@Gs2@EN) , to construct, or modify the design specifications of, a fish-pass around or over an existing dam wall;\n> > > \n> > > > (d) to make minor repairs to a spillway that do not reduce the flood capacity below that recommended in the latest guidelines issued by the Australian National Committee on Large Dams Inc;\n> > > \n> > > > (e) to remove vegetation from a spillway, dam wall or within the water storage area;\n> > > \n> > > > (f) to de-silt a water storage area, if the dam walls are left untouched and the permitted capacity of the dam is not increased;\n> > > \n> > > > (g) [*\\[Clause 4 Subclause (1) amended by S.R. 2011, No. 114, Applied:16 Nov 2011\\]*](/view/html/inforce/2011-11-16/sr-2011-114#GS4@Hpc@EN) to place or replace protective topsoil, gravel, rock or other natural material to prevent erosion or other damage to –\n> > > > \n> > > > > > (i) a dam embankment; or\n> > > > > \n> > > > > > (ii) a spillway, so long as the spillway's capacity to discharge excess water is not changed;\n> > > \n> > > > (h) [*\\[Clause 4 Subclause (1) amended by S.R. 2007, No. 8, Applied:28 Feb 2007\\]*](/view/html/inforce/2007-02-28/sr-2007-008#GS4@Hpa@EN) to make repairs, to outlet pipes or control valves, that do not reduce the pre-existing flow capacity of those outlet pipes or control valves;\n> > > \n> > > > (i) [*\\[Clause 4 Subclause (1) amended by S.R. 2007, No. 8, Applied:28 Feb 2007\\]*](/view/html/inforce/2007-02-28/sr-2007-008#GS4@Hpb@EN) [*\\[Clause 4 Subclause (1) amended by S.R. 2011, No. 114, Applied:16 Nov 2011\\]*](/view/html/inforce/2011-11-16/sr-2011-114#GS4@Hpd@EN) to install a structure or device to measure the flow of water in a watercourse so as to comply with a statutory requirement;\n> > > \n> > > > (j) [*\\[Clause 4 Subclause (1) amended by S.R. 2011, No. 114, Applied:16 Nov 2011\\]*](/view/html/inforce/2011-11-16/sr-2011-114#GS4@Hpd@EN) the installation by a government agency of a structure or device to measure the flow of water in a watercourse so as to manage freshwater resources.\n> \n> > (2)  [*\\[Clause 4 Subclause (2) amended by S.R. 2011, No. 114, Applied:16 Nov 2011\\]*](/view/html/inforce/2011-11-16/sr-2011-114#GS4@Hpe@EN) Where the written consent of the Director of Inland Fisheries has been given as mentioned in [section 139 of the](/view/html/inforce/2026-04-12/act-1995-110#GS139@EN) [Inland Fisheries Act 1995](/view/html/inforce/2026-04-12/act-1995-110) , the reference to a fish-pass in [subclause (1)(ca)](#GS4@Gs1@Hpca@EN) is to be read as a reference to a fish-pass for which that consent has been obtained.\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 31 August 2005\n\nThis order is administered in the Department of Primary Industries, Water and Environment.","sortOrder":3}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no clear indication that the scope of this order has shifted from its original intent. It appears to remain a targeted exemption instrument for dam works within the Tasmanian water management framework. However, the referenced amendments (visible in the Table of Amending Instruments) could have altered specific exemption criteria, and a full assessment would require reviewing those amendments."},"complexity_factors":["Limited legislative text provided — the substantive exemption criteria are not visible in the extract, making full analysis impossible","Operates as a subordinate instrument (statutory order) under a parent Act, requiring cross-referencing with the Water Management Act to understand its full effect","Has been amended at least once (Table of Amendments referenced), meaning the current version may differ from the original intent","Relatively narrow subject matter (dam works only) keeps overall complexity low","Technical water management and construction concepts may require specialist knowledge to apply in practice"],"plain_english_summary":"This order exempts certain dam construction, repair or modification works in Tasmania from needing approval under the Water Management Act. It primarily affects landowners and dam operators by removing permitting requirements for lower‑risk or routine dam works, reducing time and cost. Check the full instrument (or get advice) to confirm whether a particular activity falls within the specific exemption criteria."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This order narrows the operational reach of the Part 8 permit requirement by exempting specified minor or maintenance dam works (clause 4). It removes the permit obligation for listed activities subject to size, capacity and consent limits and cross‑referenced standards (e.g. ANCOLD guidelines and Director of Inland Fisheries consent under clause 4(2) and s139 of the Inland Fisheries Act 1995)."},"complexity_factors":["Targeted exemptions rather than a wholesale rule change (clause 4(1)): readers must map each listed item to practice.","Numeric thresholds that require measurement (clause 4(1)(b): 10% of horizontal width; 20% of horizontal length).","Cross-references to other instruments and bodies (Part 8 of the Water Management Act 1999; Director of Inland Fisheries consent under s139 of the Inland Fisheries Act 1995; ANCOLD guidelines).","Conditionality and limits on effects (e.g. not increasing height, not steepening batter slopes, preserving spillway flood capacity).","Amendment history noted in provisions (multiple subclauses show later amendments), which can complicate historical interpretation.","Definitions in clause 3 set technical meanings (batter slope, earth-fill embankment dam wall, main dimensions, flood capacity, spillway) that drive applicability."],"plain_english_summary":"This order removes the need for a Part 8 permit under the Water Management Act 1999 for a defined list of small or maintenance dam works — for example minor repairs, vegetation removal, de‑silting (if capacity unchanged), certain fish‑passes with consent, protective surface placement, outlet repairs and installation of flow‑measuring devices. It affects landowners, contractors and agencies by reducing permit compliance for those activities while keeping size, capacity and consent limits that determine which works remain exempt."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 2005 order appears to have been narrower, focused on basic maintenance (repairs, vegetation removal, de-silting). Amendments in 2007 added outlet pipe repairs and flow measurement devices. Amendments in 2011 significantly expanded scope to include construction and modification of fish-passes (not just repair), and added government agency water monitoring. The fish-pass provisions also introduced a cross-agency consent requirement with the Director of Inland Fisheries, adding regulatory complexity beyond simple exemptions."},"complexity_factors":["Only 9 defined terms in the interpretation section, all technical but clearly explained","Single operative provision (clause 4) with a straightforward exemption structure","Some nested conditions in paragraph (b) with percentage thresholds (10% width, 20% length)","Cross-reference to external guidelines (Australian National Committee on Large Dams Inc) for flood capacity standards","One conditional cross-reference to the Inland Fisheries Act 1995 for fish-pass consent requirements","Multiple amendment notations visible in the text (S.R. 2007, No. 8 and S.R. 2011, No. 114) indicating evolutionary complexity though the current text remains readable"],"plain_english_summary":"This law lets dam owners do certain maintenance and repair jobs without needing a government permit first.\n\n**What it does:**\nNormally, if you want to work on a dam in Tasmania, you need a permit under the Water Management Act 1999. This order creates a list of exceptions — routine jobs that are considered low-risk enough that you can skip the red tape.\n\n**Who it affects:**\n- **Dam owners and farmers** who need to maintain dams on their property\n- **Government agencies** installing water monitoring equipment\n- **Anyone repairing fish-passes** (structures that let fish swim past dams)\n\n**What work doesn't need a permit:**\n- **Minor repairs** to dam walls that don't make the wall taller, steeper, or change its main measurements\n- **Patching earth-fill dams**, as long as you're not fixing more than 10% of the wall's width or 20% of its length\n- **Fixing or building fish-passes** (with approval from the Director of Inland Fisheries for new constructions)\n- **Spillway repairs** that don't reduce flood safety below national standards\n- **Removing vegetation** from dams and spillways\n- **Cleaning out silt** from the water storage area (without touching the dam walls or increasing capacity)\n- **Adding protective materials** like gravel or rock to prevent erosion\n- **Fixing outlet pipes and valves** (as long as you don't reduce water flow capacity)\n- **Installing water flow measurement devices** (required by law, or installed by government agencies)\n\n**Why it matters:**\nThis saves time and money for property owners doing routine maintenance, while still protecting safety by banning changes that could make dams less safe or increase their water storage capacity."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/water-management-dam-works-exemption-order-2005","history":"/api/acts/water-management-dam-works-exemption-order-2005/history","analysis":"/api/acts/water-management-dam-works-exemption-order-2005/analysis","conflicts":"/api/acts/water-management-dam-works-exemption-order-2005/conflicts","importantCases":"/api/acts/water-management-dam-works-exemption-order-2005/important-cases","documents":"/api/acts/water-management-dam-works-exemption-order-2005/documents"}}