{"id":"tas:sr-2015-088","name":"Water Management (Division 3 Declared Works) Order 2015","slug":"water-management-division-3-declared-works-order-2015","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"88 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":187268,"registerId":"tas-tas:sr-2015-088-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 (Division 3 Declared Works) Order 2015](/view/html/inforce/2026-04-12/sr-2015-088) .","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> > ***area of actual acid sulfate soil*** means an area that is indicated, on a LIST map layer entitled \"Actual acid sulfate soil sites\", to be an area of actual acid sulfate soil;\n> \n> > ***coastal zone*** means –\n> > \n> > > > (a) all State waters, within the meaning of the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) ; and\n> > > \n> > > > (b) all land to a distance of one kilometre inland from the high-water mark;\n> \n> > ***landslip area*** means an area of land declared under Part 9A of the [Mineral Resources Development Act 1995](/view/html/inforce/2026-04-12/act-1995-116) to be an A landslip area or a B landslip area;\n> \n> > ***LIST map layer*** means a map displayed on the Land Information System Tasmania;\n> \n> > ***mapped area of salinity*** means an area that is indicated on a map, displayed at a website of the Department, to be an area of salinity;\n> \n> > ***RAMSAR-listed wetland*** means a wetland that has been nominated and listed on the List of Wetlands of International Importance maintained under the Convention known as the Ramsar Convention.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Classes of dam works that require Division 3 permit","content":"### 4 Classes of dam works that require Division 3 permit\n\n> The following classes of dam works are dam works that require a Division 3 permit:\n> \n> > > (a) dam works with an ANCOLD consequence category of Significant, High C, High B, High A or Extreme;\n> > \n> > > (b) dam works with a wall height of 10 metres or more;\n> > \n> > > (c) dam works to construct a dam to store treated effluent sourced from sewage treatment plants;\n> > \n> > > (d) dam works located within a landslip area;\n> > \n> > > (e) dam works located within 500 metres of a RAMSAR-listed wetland or a wetland listed in the Directory of Important Wetlands in Australia;\n> > \n> > > (f) dam works that are located on land containing an area of actual acid sulfate soil;\n> > \n> > > (g) dam works that are located within a mapped area of salinity;\n> > \n> > > (h) dam works located in the coastal zone.\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 16 December 2015\n\nThis order is administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":3}],"analysis":{"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, the Order appears to serve its stated administrative purpose of declaring specific works under Division 3 of the Water Management Act 1999 without any evident scope creep. It is a narrow, technical instrument with a focused regulatory function."},"complexity_factors":["Relies heavily on the parent Act (Water Management Act 1999) for context and legal effect — the Order itself is largely meaningless without understanding that Act","The specific works being declared are not reproduced in the available text, creating a gap in understanding practical scope","Technical water management and administrative law terminology requires background knowledge","Cross-referencing with Administrative Arrangement Orders is needed to identify the responsible Minister"],"plain_english_summary":"This Order designates certain Tasmanian water infrastructure as \"Division 3\" under the Water Management Act 1999, bringing those works under stricter controls. That means landowners, water authorities, developers and anyone interacting with declared dams, pipelines or channels must obtain approvals before altering or interfering with them. It matters because undeclared activity can incur legal penalties; consult the full instrument to confirm whether specific infrastructure is covered."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward delegated legislative instrument that performs exactly the function suggested by its title: declaring which dam works fall within Division 3 of the Water Management Act. It has not expanded beyond its original purpose of specifying permit-triggering categories."},"complexity_factors":["Only 5 defined terms in the interpretation section, all straightforward geographic or technical references","Single operative provision (section 4) with a simple enumerated list of 8 trigger conditions","No nested exceptions or conditional logic — each category stands alone","Minimal cross-referencing (only references to external Acts for definitions of 'coastal zone' and 'landslip area')","Short total length (approximately 250 words of substantive content)","Clear binary outcomes — either a permit is required or it isn't based on objective criteria (height, distance, map layers)"],"plain_english_summary":"This is a Tasmanian regulation that sets out which dam construction projects need a special permit called a 'Division 3 permit' under the Water Management Act.\n\n**What it does:**\nIt creates a list of 8 categories of dam works that are considered higher-risk and therefore need extra government approval before they can go ahead. These permits are more stringent than standard approvals because the dams pose greater potential dangers or environmental risks.\n\n**Who it affects:**\n- **Farmers and landowners** wanting to build dams on their property\n- **Developers** planning water storage infrastructure\n- **Local councils** and planning authorities who need to know which projects need extra scrutiny\n- **Environmental groups** concerned about wetlands, coastal areas, and acid sulfate soils\n\n**The 8 trigger categories are:**\n- **High-risk dams** — those rated 'Significant' or higher on the ANCOLD scale (an engineering safety rating system)\n- **Tall dams** — walls 10 metres or higher\n- **Sewage effluent dams** — storing treated waste water\n- **Landslip zones** — building in areas prone to landslides\n- **Wetland proximity** — within 500 metres of internationally or nationally important wetlands\n- **Acid sulfate soils** — areas where disturbing the soil can release toxic acid\n- **Salinity areas** — mapped zones with salt problems\n- **Coastal zone** — within 1km of the coast or in state waters\n\n**Why it matters:**\nThis order acts as a safety filter. It catches potentially dangerous or environmentally sensitive dam projects and funnels them into a stricter approval process. Without it, someone could build a high-risk dam near a protected wetland or in a landslide zone with only basic approvals, putting communities and ecosystems at risk."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Order specifies which classes of dam works fall within Division 3 and defines terms used to apply those classes (see ss 3–4). On its face the instrument clarifies and operationalises the Division 3 scope rather than stating an expansion or contraction of the statutory remit; the text does not itself indicate a change from prior statutory intent."},"complexity_factors":["Cross-references to external technical standards and legislation (ANCOLD consequence categories; Living Marine Resources Management Act 1995; Mineral Resources Development Act 1995) (s3, s4)","Reliance on spatial data and departmental mapping (LIST map layer; mapped area of salinity; Department website) to determine applicability (s3, s4)","Multiple spatial thresholds and zone definitions (coastal zone defined as 1 km inland; 500 m proximity to listed wetlands) which require geospatial analysis (s3, s4)","Clear technical triggers (wall height 10 metres or more; storage of treated sewage effluent) that create objective but technical compliance tests (s4)","Commencement contingent on a separate Amendment Act, so timing of effect depends on another instrument (s2)","Administrative implementation and permit processes delegated to the Department of Primary Industries, Parks, Water and Environment, creating procedural compliance burdens"],"plain_english_summary":"This Order makes certain types and locations of dam construction subject to a Division 3 permit under the Water Management framework. It defines key terms and ties permit triggers to technical criteria and mapped environmental zones.\n\nAnyone proposing a covered dam must obtain the Division 3 permit; compliance relies on checking departmental map layers, technical consequence categories and cross‑referenced Acts. The Department of Primary Industries, Parks, Water and Environment administers the Order (see ss 2–4)."}},"importantCases":[],"_links":{"self":"/api/acts/water-management-division-3-declared-works-order-2015","history":"/api/acts/water-management-division-3-declared-works-order-2015/history","analysis":"/api/acts/water-management-division-3-declared-works-order-2015/analysis","conflicts":"/api/acts/water-management-division-3-declared-works-order-2015/conflicts","importantCases":"/api/acts/water-management-division-3-declared-works-order-2015/important-cases","documents":"/api/acts/water-management-division-3-declared-works-order-2015/documents"}}