{"id":"tas:sr-2015-080","name":"Water Management (Dam Works Exemption) Order 2015","slug":"water-management-dam-works-exemption-order-2015","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"80 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187251,"registerId":"tas-tas:sr-2015-080-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 Management (Dam Works Exemption) Order 2015](/view/html/inforce/2026-04-12/sr-2015-080) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which the *Water Management Amendment (Dam Works) Act 2015* commences.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this order –\n> \n> > ***infrastructure*** means any building or man-made structure and includes roads, drains and footpaths.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Exemption and reporting requirement","content":"### 4 Exemption and reporting requirement\n\n> Dam works are exempt from the operation of Part 8 of the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) if –\n> \n> > > (a) the dam works are not situated on a watercourse; and\n> > \n> > > (b) the dam works are undertaken for the construction, modification, repair or removal of a dam with a capacity of less than one megalitre; and\n> > \n> > > (c) there is no public or private infrastructure situated on land that is within 100 metres of, and downhill from, any part of the dam works.\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 2 December 2015\n\nThis order is administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":3}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, the Order appears to remain consistent with its original intent of providing targeted exemptions for dam works under Tasmanian water management law. No evidence of scope expansion or contraction is apparent from the metadata provided."},"complexity_factors":["Requires cross-referencing with the parent Water Management Act to understand what approvals are being exempted","Exemptions legislation is inherently conditional — readers must determine whether their specific situation falls within the defined exempt categories","Technical subject matter (dam works) may involve engineering or hydrological concepts unfamiliar to lay readers","Has been amended at least once (Table of Amending Instruments referenced), so currency of specific provisions must be verified","Limited legislative text was provided, making full analysis of exemption conditions impossible"],"plain_english_summary":"This Order creates limited exemptions from usual Tasmanian permit/approval requirements for certain works on or around dams, so some routine or lower‑risk dam maintenance and construction can proceed without formal approvals. It principally affects dam owners, operators, landowners and contractors, easing regulatory burden but requiring care: the precise scope of exemptions matters and misapplying them can create legal risk, so consult the full Order or get advice."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: creating a narrow exemption for small, low-risk dam works. The three conditions (off-watercourse, under 1 megalitre, 100m clearance) precisely target minor farm dams without expanding into broader water management matters."},"complexity_factors":["Only 1 defined term ('infrastructure') in the interpretation section","Single operative provision with 3 simple cumulative conditions (all must be met)","No cross-references to other legislation beyond the commencement trigger and the exemption target (Part 8 of Water Management Act 1999)","No exceptions, nested conditions, or discretionary powers","Total length: 4 substantive sections, approximately 150 words of operative text"],"plain_english_summary":"This is a Tasmanian law that creates a **small-scale exemption** for building dams.\n\nNormally, **Part 8 of the Water Management Act 1999** requires people to get approval before doing \"dam works\" (building, changing, fixing, or removing dams). This Order says **you don't need that approval** if your dam meets **all three conditions**:\n\n- **It's not on a watercourse** (a river, stream, or creek that usually has water flowing in it);\n- **It's tiny** — holding less than one megalitre (that's one million litres, or roughly half an Olympic swimming pool); and\n- **It's safe** — there's no buildings, roads, drains, or other structures within 100 metres downhill from the dam site.\n\n**Who it affects:** Farmers, landowners, and rural property owners in Tasmania who want to build small farm dams without red tape.\n\n**Why it matters:** It cuts paperwork for low-risk dams while keeping safety protections — the 100-metre downhill rule prevents small dams from threatening nearby homes or infrastructure if they fail."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The order narrowly exempts specified small, non-watercourse dams from Part 8 (s4) and ties start date to the amending Act (s2). The instrument’s heading references a reporting requirement, but the operative clause provides only an exemption; therefore the text limits scope to the three conditions in s4 and does not enact a separate reporting obligation as the heading might imply."},"complexity_factors":["Narrow, criteria-based exemption (three conditions) makes legal effect straightforward (s4).","Cross-reference to Part 8 of the Water Management Act 1999 requires reading external statute to understand removed obligations (s4).","Quantitative thresholds require factual measurement: capacity < 1 megalitre and 100 metre downhill distance create compliance testing and measurement burdens (s4).","Spatial determination — whether works are ‘on a watercourse’ and what is ‘downhill from any part’ — may need site surveys or expert judgment (s4).","Defined term ‘infrastructure’ clarifies scope but is limited to listed examples (roads, drains, footpaths) (s3).","Commencement is conditional on another Act coming into force, so practical timing depends on that Act (s2).","Title refers to a reporting requirement, but the operative text supplies only the exemption, creating a potential scope/interpretation ambiguity between title and provisions (heading and s4)."],"plain_english_summary":"This order exempts certain small dam works from the operation of Part 8 of the Water Management Act 1999 if three conditions are met: the works are not on a watercourse, the dam holds under one megalitre, and no public or private infrastructure is within 100 metres downhill of the works (s4). It affects landowners, builders and regulators by removing Part 8 compliance for those projects and replacing it with site-level factual tests and departmental administration (s4; commencement linked to the amending Act at s2)."}},"importantCases":[],"_links":{"self":"/api/acts/water-management-dam-works-exemption-order-2015","history":"/api/acts/water-management-dam-works-exemption-order-2015/history","analysis":"/api/acts/water-management-dam-works-exemption-order-2015/analysis","conflicts":"/api/acts/water-management-dam-works-exemption-order-2015/conflicts","importantCases":"/api/acts/water-management-dam-works-exemption-order-2015/important-cases","documents":"/api/acts/water-management-dam-works-exemption-order-2015/documents"}}