{"id":"tas:sr-2007-055","name":"Water Management (Dam Works Exemption) Order 2007","slug":"water-management-dam-works-exemption-order-2007","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"55 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315969,"registerId":"tas-tas:sr-2007-055-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 2007](/view/html/inforce/2026-04-12/sr-2007-055) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 16 July 2007.","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> > (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> 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 of a type specified in [Schedule 1](#JS1@EN) if they are for a dam that is –\n> \n> > > (a) used primarily for hydro-electric power generation; or\n> > \n> > > (b) part of a water storage scheme that has, as its primary purpose, hydro-electric power generation.","sortOrder":3},{"sectionNumber":"SCHEDULE 1 - Dam works for whi","sectionType":"part","heading":"SCHEDULE 1 - Dam works for which permit not required","content":"# SCHEDULE 1 - Dam works for whi SCHEDULE 1 - Dam works for which permit not required\n\n[Clause 4](#GS4@EN)\n\n> **1.   **Dam works for routine repairs &c.****\n> \n> > Dam works that –\n> > \n> > > > (a) are necessary to restore a dam's operational capacity or for its maintenance, routine repair, modification or upgrading; and\n> > > \n> > > > (b) do not –\n> > > > \n> > > > > > (i) alter the functionality of the dam's design or its specifications; or\n> > > > > \n> > > > > > (ii) raise the full supply level of the associated reservoir; or\n> > > > > \n> > > > > > (iii) involve the rebuilding of the dam; or\n> > > > > \n> > > > > > (iv) cause environmental nuisance, material environmental harm or serious environmental harm; or\n> > > > > \n> > > > > > (v) increase any risk to human life.\n\n> **2.   **Urgent dam works****\n> \n> > Dam works that –\n> > \n> > > > (a) are urgently required to prevent injury to any person or damage to any dam; and\n> > > \n> > > > (b) do not cause serious environmental harm.\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 4 July 2007\n\nThis order is administered in the Department of Primary Industries and Water.","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Order remains tightly focused on its original purpose: exempting specific dam works for hydro-electric infrastructure from permit requirements. The scope has not expanded beyond this narrow administrative function."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","Single operative provision (clause 4) with straightforward conditional structure","Two simple categories of exempted works in Schedule 1 with clear negative conditions ('do not' clauses)","No cross-references to other legislation beyond the parent Act and standard interpretation statute","No nested exceptions or complex definitional chains","Total length is approximately 400 words"],"plain_english_summary":"**What this legislation does:**\n\nThis Order creates exemptions from permit requirements for certain dam works in Tasmania. Normally, under the *Water Management Act 1999*, you need a permit to carry out works on dams. This Order says **you don't need that permit** if the dam is used mainly for **hydro-electric power generation** and the works fall into specific categories listed in Schedule 1.\n\n**Who it affects:**\n\n- **Hydro-electric power companies** (primarily TasNetworks or similar entities operating hydro schemes)\n- **Dam operators** managing dams that are part of hydro-electric storage systems\n- **Contractors** doing repair or maintenance work on these specific dams\n\n**The two types of exempted works:**\n\n1. **Routine repairs and maintenance** — things like fixing wear and tear, upgrading equipment, or routine modifications, **provided they don't:**\n   - Change how the dam was designed to work\n   - Raise the water level in the reservoir\n   - Rebuild the dam from scratch\n   - Cause environmental harm\n   - Put people at greater risk\n\n2. **Urgent works** — emergency repairs needed to stop someone getting hurt or the dam being damaged, **provided they don't cause serious environmental harm**\n\n**Why it matters:**\n\nThis cuts **red tape** for Tasmania's major hydro-electric infrastructure. Without this exemption, every routine repair or emergency fix on a hydro dam would need a formal permit application — causing delays for critical energy infrastructure. It balances efficiency with safeguards: the exemption only applies if the works don't create new environmental or safety risks."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument narrows the regulatory scope of Part 8 of the Water Management Act 1999 by exempting specified dam works from the Part 8 permit requirement where the dam is used primarily for hydro‑electric power (cl 4; Sch 1). Practically, owners/operators of such dams no longer need a Part 8 permit for qualifying routine or urgent works, reducing compliance obligations and permit costs; the exemption remains subject to environmental and safety qualifications (Sch 1) and depends on Act definitions (cl 3(2))."},"complexity_factors":["Cross-references to the Water Management Act 1999 for defined terms and the Part 8 permit framework (cl 3(1)–(2); cl 4)","Reliance on Schedule 1's conditional exemptions (routine repairs, urgent works) which require factual assessments (Sch 1 items 1–2)","Use of subjective thresholds (e.g. \"serious environmental harm\", \"environmental nuisance\", \"increase any risk to human life\") that require interpretation against the Act or other instruments (Sch 1(1)(b)(iv)–(v))","Qualification by operational purpose — exemption applies only where dam is used primarily for hydro‑electric power or is part of a scheme whose primary purpose is hydro‑electric generation (cl 4)","Application of the Acts Interpretation Act 1931 to interpret the order as if by‑laws, which affects statutory construction (cl 3(3))","Administrative discretion and enforcement sit with the Department of Primary Industries and Water (administration note), creating practical implementation judgment calls"],"plain_english_summary":"This order removes the need for a Part 8 permit for certain dam works on dams used primarily for hydro‑electric power (s 4, Sch 1). It covers routine repairs, maintenance, specified upgrades and urgent works that do not alter design, raise reservoir levels, rebuild the dam, cause serious environmental harm or increase risk to human life. The rule affects owners/operators of hydro‑electric dams by reducing permit costs and administrative delay while keeping environmental and safety limits as qualifying conditions."},"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":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no indication that the scope of this Order has changed from its original intent. It has remained in force without significant amendment since 16 July 2007, suggesting it continues to serve its original narrow purpose of exempting specific dam works from standard approval requirements under Tasmania's water management laws."},"complexity_factors":["Limited legislative content visible in the provided text — the actual exemption criteria and conditions are not displayed, making it difficult to fully assess scope","Operates as a subordinate instrument (an 'Order') under a parent Act, meaning you need to cross-reference the Water Management Act to understand the full legal context","Exemption-based legislation can be deceptively simple on its face but tricky in application — determining whether a specific activity qualifies requires careful reading","No visible amendments since 2007, suggesting low complexity evolution over time","Narrow subject matter (dam works only) limits the range of people and situations affected"],"plain_english_summary":"The Order exempts certain low‑risk dam works in Tasmania from the usual Water Management Act approval process, so some landowners, farmers and small dam operators can carry out qualifying dam work without seeking government permission. It matters because qualifying projects save time and cost, but you must confirm your works actually fall within the exemption — proceeding when they don’t could have legal consequences."}},"importantCases":[],"_links":{"self":"/api/acts/water-management-dam-works-exemption-order-2007","history":"/api/acts/water-management-dam-works-exemption-order-2007/history","analysis":"/api/acts/water-management-dam-works-exemption-order-2007/analysis","conflicts":"/api/acts/water-management-dam-works-exemption-order-2007/conflicts","importantCases":"/api/acts/water-management-dam-works-exemption-order-2007/important-cases","documents":"/api/acts/water-management-dam-works-exemption-order-2007/documents"}}