{"id":"tas:sr-2019-037","name":"Water Management Regulations 2019","slug":"water-management-regulations-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"37 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184441,"registerId":"tas-tas:sr-2019-037-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Water Management Regulations 2019](/view/html/inforce/2026-04-12/sr-2019-037) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 1 July 2019.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations, unless the contrary intention appears –\n> \n> > ***Act*** means the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) ;\n> \n> > ***ADITC*** means the Australian Drilling Industry Training Committee Limited;\n> \n> > ***ADQ*** means the average daily quantity of water, expressed in ML rounded to 3 decimal places, permitted to be taken under a licence;\n> \n> > ***approved course*** means –\n> > \n> > > > (a) the Drilling Industry Certification and Training Course prepared and assessed by the ADITC; or\n> > > \n> > > > (b) any course regulating the competence of well drillers that is approved by the NUDLC;\n> \n> > ***Australian well driller's licence*** means a licence, permit, accreditation or other kind of authority that –\n> > \n> > > > (a) has been issued or granted by an entity that monitors or regulates well drillers or their activities in another State or in a Territory; and\n> > > \n> > > > (b) is not suspended or otherwise subject to any taint or limitation on its validity or authority;\n> \n> > ***class 1 licence*** means a class 1 licence referred to in [regulation 13](#GS13@EN) ;\n> \n> > ***class 2 licence*** means a class 2 licence referred to in [regulation 13](#GS13@EN) ;\n> \n> > ***class 3 licence*** means a class 3 licence referred to in [regulation 13](#GS13@EN) ;\n> \n> > ***employee*** includes a person engaged under a contract for services;\n> \n> > ***field management fee*** means a fee payable under –\n> > \n> > > > (a) [regulation 6](#GS6@EN) or [7](#GS7@EN) ; or\n> > > \n> > > > (b) [section 123E(1)(b)](/view/html/inforce/2026-04-12/act-1999-045#GS123E@Gs1@Hpb@EN) of the Act;\n> \n> > ***national qualifications*** means –\n> > \n> > > > (a) for a class 1 licence or a class 2 licence, a Certificate III in the field of study, or discipline, of well construction or bore construction that is recognised within the Australian Qualifications Framework; or\n> > > \n> > > > (b) for a class 3 licence, a Certificate IV in the field of study, or discipline, of well construction or bore construction that is recognised within the Australian Qualifications Framework;\n> \n> > ***NUDLC*** means the National Uniform Drillers Licensing Committee;\n> \n> > ***quarter*** means a period of 3 months commencing on the first day of January, April, July or October in any year;\n> \n> > ***region*** means a region referred to in [regulation 7(2)(a)](#GS7@Gs2@Hpa@EN) .","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Rights to Take Water","content":"# Part 2 Rights to Take Water","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Rights to take water","content":"### 4 Rights to take water\n\n> > (1)  For [section 48(5)](/view/html/inforce/2026-04-12/act-1999-045#GS48@Gs5@EN) of the Act, the amount of water that can be taken by a person under [section 48(2)](/view/html/inforce/2026-04-12/act-1999-045#GS48@Gs2@EN) and [section 48(4A)](/view/html/inforce/2026-04-12/act-1999-045#GS48@Gs4A@EN) of the Act is –\n> > \n> > > > (a) for a domestic purpose –\n> > > > \n> > > > > > (i) a maximum of 440L per day for each dwelling on the relevant land; or\n> > > > > \n> > > > > > (ii) a maximum of 100L per day for each person who is an occupier of the land if there is no dwelling on the relevant land; or\n> > > \n> > > > (b) for irrigation of a household garden, a maximum of 0.6L per day for each square meter, but not exceeding 1 500L per day; or\n> > > \n> > > > (c) for watering cattle, a maximum of 90L per day for each head; or\n> > > \n> > > > (d) for watering horses, a maximum of 45L per day for each head; or\n> > > \n> > > > (e) for watering sheep, a maximum of 8.5L per day for each head; or\n> > > \n> > > > (f) for watering goats, a maximum of 8.5L per day for each head; or\n> > > \n> > > > (g) for watering pigs, a maximum of 20L per day for each head; or\n> > > \n> > > > (h) for watering chickens, a maximum of 3L per day for each 10 head; or\n> > > \n> > > > (i) for watering turkeys, 5.5L per day for each 10 head.\n> \n> > (2)  If an authorised officer is satisfied that water is to be taken into storage, he or she may permit a person to take a maximum of up to 7 times the amount of water specified in [subregulation (1)](#GS4@Gs1@EN) in any period of 7 days.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Water licence fees","content":"# Part 3 Water licence fees","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Administrative fees","content":"### 5 Administrative fees\n\n> A licensee is to pay an annual administrative fee of 71.1 fee units.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Field management fees","content":"### 6 Field management fees\n\n> > (1)  A licensee is to pay an annual field management fee in accordance with this regulation for a water allocation on a licence authorising the taking of water –\n> > \n> > > > (a) into a dam constructed in or on a watercourse; and\n> > > \n> > > > (b) between 1 May and 30 November in any year (inclusive of both of those days).\n> \n> > (2)  Where –\n> > \n> > > > (a) water is taken into a dam constructed in or on a watercourse; or\n> > > \n> > > > (b) there is more than one water allocation of a licence authorising the taking of water during the period referred to in [subregulation (1)](#GS6@Gs1@EN) and at least one of the allocations is taken into a dam constructed in or on a watercourse –\n> > \n> > the licensee is to pay an annual field management fee in accordance with the following table:\n> > \n> > | Region | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |\n> > | Fee units | 39.2 | 33.4 | 22.8 | 74.1 | 41.6 | 128.9 | 37.4 | 105.7 |\n> \n> > (3)  Where water is, in any case other than the case referred to in [subregulation (2)](#GS6@Gs2@EN) , taken during the period referred to in [subregulation (1)](#GS6@Gs1@EN) , the licensee is to pay an annual field management fee in accordance with the following table:\n> > \n> > | Region | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |\n> > | Fee units | 19.6 | 16.7 | 11.4 | 37.1 | 20.8 | 64.4 | 18.7 | 52.8 |\n> \n> > (4)  Where there is more than one water allocation of a licence authorising the taking of water as mentioned in [subregulation (1)](#GS6@Gs1@EN) , only one annual field management fee is payable by the licensee and if the locations, for the taking of water in accordance with those water allocations, are not all situated in the one region referred to in the table, the fee payable is to be the fee that is the highest fee payable for a region in which one or more of those locations is situated.\n> \n> > (5)  For the purposes of this regulation, the annual field management fee that is payable, in accordance with a table to a subregulation in this regulation, for a water allocation on a licence authorising the taking of water is the amount, specified in the table, in relation to the region in which is situated the location, for the taking of water in accordance with the water allocation, that is identified on the licence to which the water allocation relates.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Other field management fees","content":"### 7 Other field management fees\n\n> > (1)  A licensee is to pay for a water allocation on a licence authorising the taking of water from a watercourse, except as mentioned elsewhere in this Part, an annual field management fee of the total of the various amounts payable in respect of each part of the relevant ADQ, as specified in the first column of [Schedule 1](#JS1@EN) for the region in which is situated the location, for the taking of water, that is identified on the licence.\n> \n> > (2)  For the purposes of these regulations –\n> > \n> > > > (a) the State is divided into 8 regions as delineated on Plan 5278 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in [Schedule 2](#JS2@EN) ; and\n> > > \n> > > > (b) each region is more particularly delineated on several plans in the Central Plan Register as is indicated for the regions on Plan 5278.\n> \n> > (3)  A licensee is to pay an annual field management fee of 66 fee units for a water allocation on a licence authorising the taking of water from groundwater.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Multiple water allocations fees","content":"### 8 Multiple water allocations fees\n\n> > (1)  If a licence has more than one water allocation, the fee payable under [regulation 7](#GS7@EN) is whichever amount is the lesser of the following:\n> > \n> > > > (a) the total of the annual field management fees payable for each allocation;\n> > > \n> > > > (b) the fee applicable to the total amount of water as if it were all a single allocation.\n> \n> > (2)  If a licence has a water allocation as mentioned in [regulation 6(2)](#GS6@Gs2@EN) and a water allocation as mentioned in [regulation 7](#GS7@EN) , the annual field management fee is one-half of the amount payable under [regulation 6(2)](#GS6@Gs2@EN) together with the amount payable under [regulation 7](#GS7@EN) .\n> \n> > (3)  If a licence has a water allocation authorising the taking of water –\n> > \n> > > > (a) only during the period between 1 May and 30 November in any year (inclusive of both of those days); and\n> > > \n> > > > (b) except as mentioned in this Part –\n> > \n> > the annual field management fee is the total amount payable under [regulations 6(2)](#GS6@Gs2@EN) and [7](#GS7@EN) .","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Aquaculture, hydro-electricity generation, &c., fees","content":"### 9 Aquaculture, hydro-electricity generation, &c., fees\n\n> A licensee is to pay an annual fee of 247.5 fee units for a water allocation on a licence authorising the taking of water from a watercourse –\n> \n> > > (a) for aquaculture; or\n> > \n> > > (b) for hydro-electricity generation; or\n> > \n> > > (c) for any similar purpose where the water is returned to the watercourse directly after use without significant diminution of the quantity of water taken.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Water authorities fees","content":"### 10 Water authorities fees\n\n> > (1)  Each financial year, the Corporation is to pay the Minister a fee for a water allocation on a licence transferred to it by a Regional Corporation that was transferred to that Regional Corporation by a bulk water authority.\n> \n> > (2)  The amount of the fee is the lesser of the following amounts:\n> > \n> > > > (a) the product of 26.38 fee units and the number of megalitres of water that the Corporation takes under the water allocation to supply to its customers during the relevant financial year (excluding any water that the Minister accepts is intended for irrigation);\n> > > \n> > > > (b) the prescribed maximum.\n> \n> > (3)  In this regulation –\n> > \n> > > ***bulk water authority*** means Hobart Water (ABN 95 327 914 139), Esk Water (ABN  41 913 557 456) and Cradle Coast Water (ABN 44 792 170 681);\n> > \n> > > ***Corporation*** has the same meaning as in the [Water and Sewerage Corporation Act 2012](/view/html/inforce/2026-04-12/act-2012-051) ;\n> > \n> > > ***CPI figure for Hobart*** means the Consumer Price Index: All Groups Index Number for Hobart published by the Australian Statistician under the authority of the *Census and Statistics Act 1905* of the Commonwealth;\n> > \n> > > ***prescribed maximum*** means –\n> > > \n> > > > > (a) for the financial year ending on 30 June 2019  – $2 672 200.00; and\n> > > > \n> > > > > (b) for the financial year ending on 30 June 2020  – $2 672 200.00 indexed in accordance with the average CPI figure for Hobart for the 4 quarters ending on 31 December 2019; and\n> > > > \n> > > > > (c) for a subsequent financial year, the prescribed maximum for the financial year ending on 30 June immediately preceding that subsequent financial year, indexed in accordance with the average CPI figure for Hobart for the 4 quarters ending on 31 December in that subsequent financial year;\n> > \n> > > ***Regional Corporation*** has the same meaning as in the [Water and Sewerage Corporation Act 2012](/view/html/inforce/2026-04-12/act-2012-051) .","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Miscellaneous fees","content":"### 11 Miscellaneous fees\n\n> The fees specified in [Schedule 3](#JS3@EN) are prescribed as the fees payable in respect of the miscellaneous matters to which they respectively relate.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Fee rebates","content":"### 12 Fee rebates\n\n> A licensee is entitled to the following fee rebates:\n> \n> > > (a) on an application fee under [section 62](/view/html/inforce/2026-04-12/act-1999-045#GS62@EN) or [70](/view/html/inforce/2026-04-12/act-1999-045#GS70@EN) of the Act, a 70% rebate if, when the fee is paid –\n> > > \n> > > > > (i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and\n> > > > \n> > > > > (ii) the average daily quantity of water that is authorised under the water allocations to be taken is less than or equal to 0.01ML;\n> > \n> > > (b) on an annual field management fee under [regulation 6](#GS6@EN) or [7](#GS7@EN) , a 100% rebate if, when the fee is paid –\n> > > \n> > > > > (i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and\n> > > > \n> > > > > (ii) the average daily quantity of water that is authorised under the water allocations to be taken is less than or equal to 0.01ML;\n> > \n> > > (c) on an administrative fee under [regulation 5](#GS5@EN) , a 50% rebate if, when the fee is paid –\n> > > \n> > > > > (i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and\n> > > > \n> > > > > (ii) the average daily quantity of water that is authorised under the water allocations to be taken is less than or equal to 0.01ML.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Well Drillers' Licences","content":"# Part 4 Well Drillers' Licences","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Licence classes","content":"### 13 Licence classes\n\n> > (1)  For the definition of *class* in [section 136](/view/html/inforce/2026-04-12/act-1999-045#GS136@EN) of the Act, the following classes are prescribed:\n> > \n> > > > (a) class 1 licence;\n> > > \n> > > > (b) class 2 licence;\n> > > \n> > > > (c) class 3 licence.\n> \n> > (2)  A class 1 licence authorises its holder to carry out drilling activities in single non-flowing aquifer systems.\n> \n> > (3)  A class 2 licence authorises its holder to carry out drilling activities in multiple non-flowing aquifer systems.\n> \n> > (4)  A class 3 licence authorises its holder to carry out drilling activities in non-flowing and flowing aquifer systems.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Licence endorsements","content":"### 14 Licence endorsements\n\n> > (1)  For the definition of *endorsement* in [section 136](/view/html/inforce/2026-04-12/act-1999-045#GS136@EN) of the Act, the following endorsements are prescribed:\n> > \n> > > > (a) cable tool endorsement;\n> > > \n> > > > (b) auger endorsement;\n> > > \n> > > > (c) rotary air endorsement;\n> > > \n> > > > (d) rotary mud endorsement;\n> > > \n> > > > (e) non-drilling rig endorsement;\n> > > \n> > > > (f) sonic endorsement.\n> \n> > (2)  A cable tool endorsement authorises cable tool or cable percussion-drilling methods.\n> \n> > (3)  An auger endorsement authorises bucket auger, hollow-stem auger or solid-stem auger drilling methods.\n> \n> > (4)  A rotary air endorsement authorises rotary drilling methods with air as the drilling fluid.\n> \n> > (5)  A rotary mud endorsement authorises rotary drilling methods with water as either the drilling fluid or as the base for the drilling fluid.\n> \n> > (6)  A non-drilling rig endorsement authorises non-drilling rig methods, including –\n> > \n> > > > (a) spear point construction; and\n> > > \n> > > > (b) hand digging, or the use of excavators or back-hoes, for the construction of wells, excavations and galleries.\n> \n> > (7)  A sonic endorsement authorises sonic drilling methods with an abrasive slurry that is made to vibrate at sonic frequencies.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Class 1 licence competencies","content":"### 15 Class 1 licence competencies\n\n> > (1)  For [section 136C(2)(d)](/view/html/inforce/2026-04-12/act-1999-045#GS136C@Gs2@Hpd@EN) of the Act, the prescribed competencies for a class 1 licence are –\n> > \n> > > > (a) the holding of an Australian well driller's licence that is, in terms of what it authorises, substantially equivalent to a class 1 licence; or\n> > > \n> > > > (b) the successful completion of an approved course, or of national qualifications for a class 1 licence, and having passed the driller’s licence examinations approved by the NUDLC and acquired basic field experience; or\n> > > \n> > > > (c) the successful completion of any course, regulating the competence of well drillers, that is approved by the NUDLC, and having passed the driller’s licence examinations approved by the NUDLC and acquired extended field experience.\n> \n> > (2)  In this regulation –\n> > \n> > > ***basic field experience***, in relation to an applicant, means that the applicant has –\n> > > \n> > > > > (a) experience in operating drilling machines in well-drilling operations over a period of at least six months; and\n> > > > \n> > > > > (b) personally drilled, under the supervision of the holder of a class 1 licence, at least 6 class 1 wells;\n> > \n> > > ***class 1 well*** means a well in a single non-flowing aquifer system;\n> > \n> > > ***extended field experience***, in relation to an applicant, means that the applicant has –\n> > > \n> > > > > (a) experience in operating drilling machines in well-drilling operations over a period of at least 12 months; and\n> > > > \n> > > > > (b) personally drilled, under the supervision of the holder of a class 1 licence, at least six class 1 wells.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Class 2 licence competencies","content":"### 16 Class 2 licence competencies\n\n> > (1)  For [section 136C(2)(d)](/view/html/inforce/2026-04-12/act-1999-045#GS136C@Gs2@Hpd@EN) of the Act, the prescribed competencies for a class 2 licence are –\n> > \n> > > > (a) the holding of an Australian well driller's licence that is, in terms of what it authorises, substantially equivalent to a class 2 licence; or\n> > > \n> > > > (b) the successful completion of an approved course, or of national qualifications for a class 2 licence, and having passed the driller’s licence examinations approved by the NUDLC and acquired basic field experience; or\n> > > \n> > > > (c) the holding of a class 1 licence, or the holding of the necessary qualifications and experience that are approved by the NUDLC for the purposes of holding a class 1 licence and having acquired intermediate field experience.\n> \n> > (2)  In this regulation –\n> > \n> > > ***basic field experience***, in relation to an applicant, means that the applicant has –\n> > > \n> > > > > (a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least six months; and\n> > > > \n> > > > > (b) personally drilled, under the supervision of the holder of a class 2 licence, at least six class 2 wells or personally drilled, under the supervision of the holder of a class 2 licence, at least six class 1 wells and at least three class 2 wells;\n> > \n> > > ***class 1 well*** means a well in a single non-flowing aquifer system;\n> > \n> > > ***class 2 well*** means a well in a multiple non-flowing aquifer system where the system requires the separation of one aquifer from another;\n> > \n> > > ***intermediate field experience***, in relation to an applicant, means that the applicant has –\n> > > \n> > > > > (a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least 12 months; and\n> > > > \n> > > > > (b) personally drilled at least six class 1 wells and, under the supervision of the holder of a class 2 licence, drilled at least three class 2 wells or, under the supervision of the holder of a class 2 licence, drilled at least six class 2 wells.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Class 3 licence competencies","content":"### 17 Class 3 licence competencies\n\n> > (1)  For [section 136C(2)(d)](/view/html/inforce/2026-04-12/act-1999-045#GS136C@Gs2@Hpd@EN) of the Act, the prescribed competencies for a class 3 licence are –\n> > \n> > > > (a) the holding of an Australian well driller's licence that is, in terms of what it authorises, substantially equivalent to a class 3 licence; or\n> > > \n> > > > (b) the holding of a class 2 licence for at least 12 months and the successful completion of an approved course, or of national qualifications for a class 3 licence, and having passed the driller’s licence examinations approved by the NUDLC and acquired intermediate field experience; or\n> > > \n> > > > (c) the holding of a class 2 licence for at least 12 months, or the holding of the necessary qualifications and experience to hold a class 3 licence, the successful completion of any course, regulating the competence of well drillers, that is approved by the NUDLC, and having acquired extended field experience.\n> \n> > (2)  In this regulation –\n> > \n> > > ***class 2 well*** means a well in a multiple non-flowing aquifer system where the system requires the separation of one aquifer from another;\n> > \n> > > ***class 3 well*** means a well in a flowing aquifer system;\n> > \n> > > ***extended field experience***, in relation to an applicant, means that the applicant has –\n> > > \n> > > > > (a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least 24 months; and\n> > > > \n> > > > > (b) personally drilled at least six class 2 wells; and\n> > > > \n> > > > > (c) personally drilled, under the supervision of the holder of a class 3 licence, at least three class 3 wells;\n> > \n> > > ***intermediate field experience***, in relation to an applicant, means that the applicant has –\n> > > \n> > > > > (a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least 12 months; and\n> > > > \n> > > > > (b) personally drilled at least six class 2 wells; and\n> > > > \n> > > > > (c) personally drilled, under the supervision of the holder of a class 3 licence, at least three class 3 wells or personally drilled at least eight class 2 wells and personally drilled, under the supervision of the holder of a class 3 licence, at least one class 3 well.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Licence conditions","content":"### 18 Licence conditions\n\n> For [section 136D(2)(b)](/view/html/inforce/2026-04-12/act-1999-045#GS136D@Gs2@Hpb@EN) of the Act, a prescribed matter is that well-drilling activities should, as far as practicable, be carried out in accordance with the *\"Minimum Construction Requirements for Water Bores in Australia\"*, as in force for the time being.\n> \n> | Note: The \"Minimum Construction Requirements for Water Bores in Australia\" is a document prepared by the National Minimum Bore Specifications Committee and is available for viewing on the Department's website. |","sortOrder":21},{"sectionNumber":"Part 5","sectionType":"part","heading":"Enforcement","content":"# Part 5 Enforcement","sortOrder":22},{"sectionNumber":"Division 1","sectionType":"division","heading":"Infringement notices","content":"## Division 1 Infringement notices","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Penalties on service of infringement notices","content":"### 19 Penalties on service of infringement notices\n\n> The penalties specified in column 4 of the table in [Schedule 4](#JS4@EN) are prescribed as the penalties for offences committed under the Act where an infringement notice is served on the offender for the relevant offence.","sortOrder":24},{"sectionNumber":"Division 2","sectionType":"division","heading":"Demerit points","content":"## Division 2 Demerit points","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Allocation of demerit points for deemed conviction","content":"### 20 Allocation of demerit points for deemed conviction\n\n> > (1)  For [section 257](/view/html/inforce/2026-04-12/act-1999-045#GS257@EN) of the Act in its application to a deemed conviction for an offence against the Act, the licence is to be allocated the number of demerit points specified in column 5 of the table in [Schedule 4](#JS4@EN) for the offence.\n> \n> > (2)  In this regulation –\n> > \n> > > ***deemed conviction*** means a conviction in accordance with [section 20 of the](/view/html/inforce/2026-04-12/act-2005-057#GS20@EN) [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) .","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Allocation of demerit points for court conviction","content":"### 21 Allocation of demerit points for court conviction\n\n> For [section 257](/view/html/inforce/2026-04-12/act-1999-045#GS257@EN) of the Act, the court is to allocate to the licence the number of demerit points specified in column 5 of the table in [Schedule 4](#JS4@EN) for the offence unless –\n> \n> > > (a) the court is satisfied that, in view of mitigating circumstances, a lesser number of demerit points should be allocated; or\n> > \n> > > (b) the court has cancelled or suspended the licence under [section 106(1)](/view/html/inforce/2026-04-12/act-1999-045#GS106@Gs1@EN) of the Act.","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Duration of demerit points","content":"### 22 Duration of demerit points\n\n> Demerit points remain in force for a period of 3 years.","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Suspension of licence","content":"### 23 Suspension of licence\n\n> > (1)  For the purposes of [section 106(2)](/view/html/inforce/2026-04-12/act-1999-045#GS106@Gs2@EN) and [section 136I(1)(e)](/view/html/inforce/2026-04-12/act-1999-045#GS136I@Gs1@Hpe@EN) of the Act –\n> > \n> > > > (a) the prescribed number of demerit points is 12; and\n> > > \n> > > > (b) subject to [section 136I(4)](/view/html/inforce/2026-04-12/act-1999-045#GS136I@Gs4@EN) of the Act, a suspension of a licence is for a period of 3 months commencing on the date of conviction for the last of the relevant offences or the date of acceptance of the relevant infringement notice.\n> \n> > (2)  The period of suspension is not affected –\n> > \n> > > > (a) by the fact that any of the demerit points would expire during that period of suspension; or\n> > > \n> > > > (b) by the date on which a licence is suspended being altered under [section 259(4)](/view/html/inforce/2026-04-12/act-1999-045#GS259@Gs4@EN) of the Act.\n> \n> > (3)  The period of suspension cancels all demerit points on which it is based but does not affect any demerit points allocated for an offence committed during that period.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Licences for limited periods","content":"### 24 Licences for limited periods\n\n> > (1)  This regulation applies where it is a condition of a licence that water may be taken only during certain periods of the year.\n> \n> > (2)  If the date on which a suspension under this Division would commence is at a time when the relevant licence does not permit the taking of water, the period of suspension commences on the next day on which the licence would otherwise permit the taking of water.\n> \n> > (3)  If the period of suspension under this Division would not be completed before the end of the period during which the licence permits the taking of water, the balance of the period of suspension is carried forward so as to commence on the first day on which the licence would again permit the taking of water.","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Cancellation of licence","content":"### 25 Cancellation of licence\n\n> > (1)  Where a licence has been suspended in a case to which [regulation 23](#GS23@EN) refers and, within 3 years after the completion of the period of suspension, the licence would, but for this regulation, again be suspended under a section of the Act referred to in that regulation, the licence is taken to be cancelled.\n> \n> > (2)  [Subregulation (1)](#GS25@Gs1@EN) does not apply in a case where there has been an absolute transfer of a licence under [Division 4 of Part 6](/view/html/inforce/2026-04-12/act-1999-045#HP6@HD4@EN) of the Act since the previous period of suspension.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Transfer of demerit points","content":"### 26 Transfer of demerit points\n\n> A transfer of a licence as mentioned in [section 262(1)](/view/html/inforce/2026-04-12/act-1999-045#GS262@Gs1@EN) of the Act does not affect the allocation of any demerit points to that licence or the period during which they remain in force.","sortOrder":32},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Trust rules","content":"### 27 Trust rules\n\n> For [section 205(2)(b)](/view/html/inforce/2026-04-12/act-1999-045#GS205@Gs2@Hpb@EN) , [section 206(1)](/view/html/inforce/2026-04-12/act-1999-045#GS206@Gs1@EN) and [section 206A(3)](/view/html/inforce/2026-04-12/act-1999-045#GS206A@Gs3@EN) of the Act, the prescribed requirements are that the rules of the trust should specify or provide for at least the following:\n> \n> > > (a) the membership of the trust;\n> > \n> > > (b) the proceedings of the trust;\n> > \n> > > (c) the manner in which the powers and functions of the trust are to be exercised and performed;\n> > \n> > > (d) the methods of dispute resolution to be used by the trust to investigate, and attempt to negotiate a mutually acceptable solution to, a dispute between the trust and another person about the exercise of powers under the Act;\n> > \n> > > (e) the conduct of the business of the trust;\n> > \n> > > (f) the management of the water district or districts for which the trust is established;\n> > \n> > > (g) the keeping and use of the common seal;\n> > \n> > > (h) the execution of documents.","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Offsets","content":"### 28 Offsets\n\n> > (1)  For the purposes of paragraph (a) of the [definition of ***offset*** in section 138 of the Act](/view/html/inforce/2026-04-12/act-1999-045#GS138@Nd2912015582914@EN) , each of the following is prescribed:\n> > \n> > > > (a) the establishment of a covenant on land;\n> > > \n> > > > (b) activities (which may be, but are not required to be, set out in a plan for the management of natural values) for the purpose of protecting or enhancing the natural values of land, including, but not limited to, the protection, restoration or revegetation of the land;\n> > > \n> > > > (c) the monitoring of natural values of land, including, but not limited to, undertaking surveys of natural values.\n> \n> > (2)  For the purposes of [subregulation (1)(a)](#GS28@Gs1@Hpa@EN) , a covenant includes, but is not limited to –\n> > \n> > > > (a) a covenant in gross registered in accordance with the [Conveyancing and Law of Property Act 1884](/view/html/inforce/2026-04-12/act-1884-019) ; and\n> > > \n> > > > (b) a conservation covenant within the meaning of [Part 5 of the](/view/html/inforce/2026-04-12/act-2002-063#HP5@EN) [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) .","sortOrder":35},{"sectionNumber":"29","sectionType":"section","heading":"Terms of review","content":"### 29 Terms of review\n\n> > (1)  For the purposes of [section 165](/view/html/inforce/2026-04-12/act-1999-045#GS165@EN) of the Act, the terms of review, in accordance with which an annual review of the operation of administrative processes under [Part 8](/view/html/inforce/2026-04-12/act-1999-045#HP8@EN) of the Act is to be conducted, are as specified in this regulation.\n> \n> > (2)  An annual review is to consist of a review of the operation of administrative processes undertaken, in the year to which the review relates, for the purposes of processing and determining applications for Division 3 permits under [Part 8](/view/html/inforce/2026-04-12/act-1999-045#HP8@EN) of the Act.\n> \n> > (3)  An annual review is to begin within 90 days after an annual report is prepared in accordance with [section 164ZN](/view/html/inforce/2026-04-12/act-1999-045#GS164ZN@EN) of the Act.\n> \n> > (4)  The following matters are to be considered by the Minister in an annual review:\n> > \n> > > > (a) the reasons why particular administrative processes are performed in relation to applications for Division 3 permits under [Part 8](/view/html/inforce/2026-04-12/act-1999-045#HP8@EN) of the Act and the determination of such applications;\n> > > \n> > > > (b) the simplicity, cost-effectiveness and timeliness of those administrative processes;\n> > > \n> > > > (c) what improvements, if any, may be made to those administrative processes.","sortOrder":36},{"sectionNumber":"30","sectionType":"section","heading":"Keeping of records and provision of information","content":"### 30 Keeping of records and provision of information\n\n> > (1)  A person who is, or was, entitled to a Division 4 permit in relation to dam works must keep the following records and information until the end of the period of 5 years commencing on the day on which the dam works are completed:\n> > \n> > > > (a) any surveys in relation to the dam works;\n> > > \n> > > > (b) any design plans in relation to the dam works;\n> > > \n> > > > (c) any reports, in relation to the dam works, that are obtained by the person;\n> > > \n> > > > (d) any other information, contained in a document (including an electronic document) that has been prepared or obtained by the person and is relevant in determining whether the person is or was entitled to a Division 4 permit in relation to the dam works.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.\n> \n> > (2)  A person who is, or has been, the holder of a licence must keep, until the end of the period of 5 years after taking water under the licence, records of the quantity of water taken under the licence.\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.\n> \n> > (3)  A person, at the request of an authorised officer, must provide to the authorised officer a copy of any records and information that the person is required to keep under [subregulation (1)](#GS30@Gs1@EN) or [(2)](#GS30@Gs2@EN) .\n> > \n> > Penalty:  Fine not exceeding 100 penalty units.\n> \n> > (4)  The penalty applicable in respect of an offence against [subregulation (3)](#GS30@Gs3@EN) that is specified in an infringement notice served on a person is –\n> > \n> > > > (a) 2.5 penalty units; or\n> > > \n> > > > (b) if the offence is the second offence against the subregulation that is committed by the person within a 12-month period – 5 penalty units; or\n> > > \n> > > > (c) if the offence is the third offence against the subregulation that is committed by the person within a 24-month period – 10 penalty units.\n> \n> > (5)  An owner or occupier of land who is, or has been, taking groundwater from the land for a purpose, other than a specified purpose, must keep, until the end of the period of 5 years after taking groundwater from the land, records of the quantity of groundwater taken.\n> > \n> > Penalty:  Fine not exceeding 25 penalty units.\n> \n> > (6)  An owner or occupier of land who is, or has been, taking groundwater from a well on the land for any purpose must keep, until the end of the period of 5 years after taking the groundwater from the well, records of –\n> > \n> > > > (a) the operational status of the well; and\n> > > \n> > > > (b) the purpose for which groundwater is, or has been, taken from the well; and\n> > > \n> > > > (c) the capacity of any equipment used to the take the groundwater from the well; and\n> > > \n> > > > (d) the quantity of groundwater taken from the well.\n> > \n> > Penalty:  Fine not exceeding 25 penalty units.\n> \n> > (7)  An owner or occupier of land referred to in [subregulation (5)](#GS30@Gs5@EN) or [(6)](#GS30@Gs6@EN) , at the request of an authorised officer, must provide to the authorised officer a copy of any records that the owner or occupier of the land is required to keep under [subregulation (5)](#GS30@Gs5@EN) or [(6)](#GS30@Gs6@EN) .\n> > \n> > Penalty:  Fine not exceeding 25 penalty units.\n> \n> > (8)  In this regulation –\n> > \n> > > ***specified purpose***, in relation to the taking of groundwater from land, means the taking of groundwater –\n> > > \n> > > > > (a) for a domestic purpose, provided the amount of groundwater taken does not exceed the amount that can be taken for a domestic purpose under [regulation 4(1)(a)](#GS4@Gs1@Hpa@EN) ; or\n> > > > \n> > > > > (b) for the irrigation of a household garden, provided the amount of groundwater taken does not exceed the amount that can be taken for the irrigation of a household garden under [regulation 4(1)(b)](#GS4@Gs1@Hpb@EN) ; or\n> > > > \n> > > > > (c) for watering cattle, provided the amount of groundwater taken does not exceed the amount that can be taken for watering cattle under [regulation 4(1)(c)](#GS4@Gs1@Hpc@EN) ; or\n> > > > \n> > > > > (d) for watering horses, provided the amount of groundwater taken does not exceed the amount that can be taken for watering horses under [regulation 4(1)(d)](#GS4@Gs1@Hpd@EN) ; or\n> > > > \n> > > > > (e) for watering sheep, provided the amount of groundwater taken does not exceed the amount that can be taken for watering sheep under [regulation 4(1)(e)](#GS4@Gs1@Hpe@EN) ; or\n> > > > \n> > > > > (f) for watering goats, provided the amount of groundwater taken does not exceed the amount that can be taken for watering goats under [regulation 4(1)(f)](#GS4@Gs1@Hpf@EN) ; or\n> > > > \n> > > > > (g) for watering pigs, provided the amount of groundwater taken does not exceed the amount that can be taken for watering pigs under [regulation 4(1)(g)](#GS4@Gs1@Hpg@EN) ; or\n> > > > \n> > > > > (h) for watering chickens, provided the amount of groundwater taken does not exceed the amount that can be taken for watering chickens under [regulation 4(1)(h)](#GS4@Gs1@Hph@EN) ; or\n> > > > \n> > > > > (i) for watering turkeys, provided the amount of groundwater taken does not exceed the amount that can be taken for watering turkeys under [regulation 4(1)(i)](#GS4@Gs1@Hpi@EN) ; or\n> > > > \n> > > > > (j) for firefighting; or\n> > > > \n> > > > > (k) for drilling under [section 168](/view/html/inforce/2026-04-12/act-1995-116#GS168@EN) of the [Mineral Resources Development Act 1995](/view/html/inforce/2026-04-12/act-1995-116) .","sortOrder":37},{"sectionNumber":"31.","sectionType":"section","heading":null,"content":"### 31.\n\n[*\\[Regulation 31 Rescinded by S.R. 2020, No. 38, Applied:10 Jun 2020\\]*](/view/html/inforce/2020-06-10/sr-2020-038#GS4@EN)","sortOrder":38},{"sectionNumber":"SCHEDULE 1 - Field management ","sectionType":"part","heading":"SCHEDULE 1 - Field management fees","content":"# SCHEDULE 1 - Field management  SCHEDULE 1 - Field management fees\n\n[Regulation 7(1)](#GS7@Gs1@EN)\n\n| Part of ADQ | Region 1 | Region 2 | Region 3 | Region 4 | Region 5 | Region 6 | Region 7 | Region 8 |\n| less than or equal to 0.1 ML | 66 fee units | 66 fee units | 66 fee units | 66 fee units | 66 fee units | 66 fee units | 66 fee units | 66 fee units |\n| more than 0.1 but less than or equal to 2.0 ML | 66 plus 1 098 x (ADQ – 0.1) fee units | 66 plus 561 x (ADQ – 0.1) fee units | 66 plus 294.4 x (ADQ – 0.1) fee units | 66 plus 1 147.5 x (ADQ – 0.1) fee units | 66 plus 194.9 x (ADQ – 0.1) fee units | 66 plus 207.1 x (ADQ – 0.1) fee units | 66 plus 147.2 x (ADQ – 0.1) fee units | 66 plus 724.4 x (ADQ – 0.1) fee units |\n| more than 2.0 but less than or equal to 5.0 ML | 2 152 plus 55 x (ADQ – 2) fee units | 1 133 plus 28 x (ADQ – 2) fee units | 625 plus 15 x (ADQ – 2) fee units | 2 246.5 plus 57.4 x (ADQ – 2) fee units | 436 plus 9.7 x (ADQ – 2) fee units | 459.6 plus 10.4 x (ADQ – 2) fee units | 345.6 plus 7.4 x (ADQ – 2) fee units | 1 442.1 plus 36.2 x (ADQ – 2) fee units |\n| more than 5.0 but less than or equal to 20 ML | 2 317 plus 28 x (ADQ – 5) fee units | 1 217 plus 14 x (ADQ – 5) fee units | 669 plus 7 x (ADQ – 5) fee units | 2 418.2 plus 28.7 x (ADQ – 5) fee units | 465.3 plus 4.9 x (ADQ – 5) fee units | 490.3 plus 5.2 x (ADQ – 5) fee units | 367.4 plus 3.7 x (ADQ – 5) fee units | 1 550.7 plus 18.1 x (ADQ – 5) fee units |\n| more than 20 ML | 2 728 plus 14 x (ADQ – 20) fee units | 1 427 plus 7 x (ADQ – 20) fee units | 780 plus 4 x (ADQ – 20) fee units | 2 848.6 plus 14.3 x (ADQ – 20) fee units | 538.3 plus 2.5 x (ADQ – 20) fee units | 568.1 plus 2.5 x (ADQ – 20) fee units | 422.6 plus 1.8 x (ADQ – 20) fee units | 1 822.4 plus 9 x (ADQ – 20) fee units |","sortOrder":39},{"sectionNumber":"SCHEDULE 2 - Index plan of reg","sectionType":"part","heading":"SCHEDULE 2 - Index plan of regions","content":"# SCHEDULE 2 - Index plan of reg SCHEDULE 2 - Index plan of regions\n\n[Regulation 7(2)(a)](#GS7@Gs2@Hpa@EN)\n\n[![graphic image](/image/cpr5278.gif)](/image/cpr5278.gif)","sortOrder":40},{"sectionNumber":"SCHEDULE 3 - Fees","sectionType":"part","heading":"SCHEDULE 3 - Fees","content":"# SCHEDULE 3 - Fees SCHEDULE 3 - Fees\n\n[Regulation 11](#GS11@EN)","sortOrder":41},{"sectionNumber":"SCHEDULE 4 - Infringement noti","sectionType":"part","heading":"SCHEDULE 4 - Infringement notice penalties and demerit points","content":"# SCHEDULE 4 - Infringement noti SCHEDULE 4 - Infringement notice penalties and demerit points\n\n[Regulations 19](#GS19@EN) , [20](#GS20@EN) and [21](#GS21@EN)\n\n| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |\n| Section of Act | Nature of offence | Maximum penalty under Act | Penalty in case of infringement notice | Demerit points |\n| 52 | Taking water, except under section 48 of Act, to other's detriment | 20 penalty units and a daily penalty of 2 penalty units | 2.5 penalty units | 2 |\n| 54(1) | Taking water without a licence | 500 penalty units and a daily penalty of 50 penalty units | 2.5 penalty units for first offence (but 5 penalty units for second offence within 12 months after first offence, 10 penalty units for third offence within 24 months after first offence) | Nil |\n| 61(8) | Failing to provide details of other person's financial interest in licence | 10 penalty units | 1 penalty unit | 2 |\n| 82(2) | Breaching licence | 500 penalty units and a daily penalty of 50 penalty units | 2.5 penalty units (but 5 penalty units for second offence within 12 months after first offence, 10 penalty units for third offence within 24 months after first offence) | 4 |\n| 92(4) | Contravening notice of water restrictions | 500 penalty units and a daily penalty of 50 penalty units | 2.5 penalty units (but 5 penalty units for second offence within 12 months after first offence, 10 penalty units for third offence within 24 months after first offence) | 4 |\n| 123A | Conveying water via watercourse without or in contravention of watercourse authority | 500 penalty units and a daily penalty of 50 penalty units | 2.5 penalty units (but 5 penalty units for second offence within 12 months after first offence, 10 penalty units for third offence within 24 months after first offence) | Nil |\n| 126(4) | Contravening a well order | 20 penalty units and a daily penalty of 5 penalty units | 4 penalty units and a daily penalty of 1 penalty unit | 3 |\n| 135(1) | Undertaking well works without a permit | 200 penalty units and a daily penalty of 20 penalty units | 8 penalty units for first offence and a daily penalty of 2 penalty units; 16 penalty units and a daily penalty of 4 penalty units for second offence within 12 months after first offence | 4 |\n| 135(2) | Failing to ensure well works are undertaken in accordance with a permit | 200 penalty units and a daily penalty of 20 penalty units | 8 penalty units for first offence and a daily penalty of 2 penalty units; 16 penalty units and a daily penalty of 4 penalty units for second offence within 12 months after first offence | 4 |\n| 136A(1) | Undertaking well works without a well driller's licence or supervision of a licence holder | 200 penalty units and a daily penalty of 20 penalty units | 2.5 penalty units for first offence (but 5 penalty units for second offence within 12 months after first offence, 7.5 penalty units for third offence within 24 months after first offence) | 4 |\n| 136A(2) | Undertaking well works that are in contravention of the class of licence or endorsement on the licence | 200 penalty units and a daily penalty of 20 penalty units | 2.5 penalty units for first offence (but 5 penalty units for second offence within 12 months after first offence, 7.5 penalty units for third offence within 24 months after first offence) | 4 |\n| 136D(4) | Contravening a condition of a well driller's licence | 50 penalty units | 2.5 penalty units for first offence (but 5 penalty units for second offence within 12 months after first offence, 7.5 penalty units for third offence within 24 months after first offence) | 2 |\n| 136E(4) | Failing to produce licence for inspection | 10 penalty units | 0.5 penalty units | 0.5 |\n| 143(1) | Undertaking, or causing or permitting to be undertaken, dam works without or in contravention of permit | 200 penalty units and a daily penalty of 20 penalty units | 24 penalty units and a daily penalty of 2 penalty units for first offence; 48 penalty units and a daily penalty of 4 penalty units for any subsequent offence within 5 years after first offence | Nil |\n| 162(2) | Failing to comply with notice | 200 penalty units and a daily penalty of 20 penalty units | 24 penalty units and a daily penalty of 2 penalty units | Nil |\n| 164ZA(1) | Failing to give notice of completion of dam works | 100 penalty units | 10 penalty units | Nil |\n| 164ZA(3) | Failing to comply with requirement | 100 penalty units | 10 penalty units | Nil |\n| 164ZB(1) | Failing to give notice of completion of dam works | 200 penalty units | 20 penalty units | Nil |\n| 164ZB(4) | Failing to comply with requirement | 200 penalty units | 20 penalty units | Nil |\n| 164ZF(2) | Failing to notify of having ceased to be responsible for certain matters under dam operating notice and of replacement person | 10 penalty units | 2 penalty units | Nil |\n| 164ZI | Contravening condition of dam permit | 200 penalty units and a daily penalty of 20 penalty units | 24 penalty units and a daily penalty of 2 penalty units for first offence; 48 penalty units and a daily penalty of 4 penalty units for any subsequent offence within 5 years after first offence | Nil |\n| 164ZJ(1) | Contravening a dam operating notice or condition of notice | 200 penalty units and a daily penalty of 20 penalty units | 24 penalty units and a daily penalty of 2 penalty units for first offence; 48 penalty units and a daily penalty of 4 penalty units for any subsequent offence within 5 years after first offence | Nil |\n| 164ZK(1) and 164ZK(2) | Failing to comply with registered offset | 200 penalty units and a daily penalty of 20 penalty units | 24 penalty units and a daily penalty of 2 penalty units for first offence; 48 penalty units and a daily penalty of 4 penalty units for any subsequent offence within 5 years after first offence | Nil |\n| 164ZM(3) | Failing to comply with requirement | 50 penalty units and a daily penalty of 5 penalty units | 12 penalty units and a daily penalty of 1 penalty unit | Nil |\n| 165G | Maintaining and operating dam in way that causes, or is likely to cause, environmental harm or endangers persons or property | 500 penalty units and a daily penalty of 50 penalty units for a body corporate | 25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for any subsequent offence within 5 years after first offence | Nil |\n|  |  | 200 penalty units and a daily penalty of 20 penalty units for a natural person | 10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for any subsequent offence within 5 years after first offence |  |\n| 165H(2) | Failing to comply with requirement contained in Ministerial notice on dam safety | 100 penalty units | 10 penalty units and a daily penalty of 1 penalty unit | Nil |\n| 165I | Failing to report dam incident | 100 penalty units | 10 penalty units and a daily penalty of 1 penalty unit | Nil |\n| 165L(3) | Failing to comply with Ministerial direction relating to undertaking dam works, keeping records or providing plan of action | 500 penalty units and a daily penalty of 50 penalty units for a body corporate | 25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for any subsequent offence within 5 years after first offence | Nil |\n|  |  | 200 penalty units and a daily penalty of 20 penalty units for a natural person | 10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for any subsequent offence within 5 years after first offence |  |\n| 165N(3) | Failing to comply with Ministerial notice to modify dam | 500 penalty units and a daily penalty of 50 penalty units for a body corporate | 25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for any subsequent offence within 5 years after first offence | Nil |\n|  |  | 200 penalty units and a daily penalty of 20 penalty units for a natural person | 10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for any subsequent offence within 5 years after first offence |  |\n| 165P(2) | Failing to comply with Ministerial notice of measures to ensure safety of dam | 500 penalty units and a daily penalty of 50 penalty units for a body corporate | 25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for any subsequent offence within 5 years after first offence | Nil |\n|  |  | 200 penalty units and a daily penalty of 20 penalty units for a natural person | 10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for any subsequent offence within 5 years after first offence |  |\n| 165W(3) | Failing to register dam | 100 penalty units | 20 penalty units | Nil |\n| 165W(6) | Failing to comply with requirement | 100 penalty units | 10 penalty units | Nil |\n| 182 | Failing to provide annual or other required report to Minister within specified time | 50 penalty units | 1 penalty unit | Nil |\n| 199 | Offence in connection with water district, as specified | 50 penalty units | 1 penalty unit | Nil |\n| 222 | Failing to allow inspection, &c., of trust accounts | 5 penalty units | 0.5 penalty units | Nil |\n| 227(3) | Failing to comply with Ministerial notice directing person to install meter in respect of water resource | 50 penalty units and a daily penalty of 5 penalty units | 2.5 penalty units | 3 |\n| 228(1) | Interfering with or injuring meter | 50 penalty units and a daily penalty of 5 penalty units | 2.5 penalty units and a daily penalty of 0.5 penalty units | 3 |\n| 235(2) | Hindering person reading, &c., meter | 5 penalty units | 1 penalty unit | 2 |\n| 236 | Failing to take reasonable measures to protect meter | 10 penalty units and a daily penalty of 1 penalty unit | 1 penalty unit | 2 |\n| 239 | Failing to return identity card on ceasing to be authorised officer | 5 penalty units | 0.5 penalty units | Nil |\n| 246(2) | Failing to comply with direction of authorised officer | 50 penalty units and a daily penalty of 5 penalty units | 2.5 penalty units and a daily penalty of 0.5 penalty units | 4 |\n| 280D(5) | Failing to comply with water supply emergency direction by Minister | 500 penalty units and a daily penalty of 10 penalty units | 250 penalty units and a daily penalty of 10 penalty units | Nil |\n| 281(1) | Interfering with property of Minister or water entity without permission | 50 penalty units | 1 penalty unit | 3 |\n| 281(2) | Interfering with infrastructure or other property of water entity without permission | 50 penalty units | 1 penalty unit | 3 |\n| 281(3) | Interfering with property or infrastructure in contravention of condition of permission | 50 penalty units | 1 penalty unit | 3 |\n| 282(5) | Contravening Ministerial notice to prevent or make good damage caused in taking water | 50 penalty units | 2.5 penalty units | 4 |\n| 283 | Providing false or misleading information | 50 penalty units | 10 penalty units for providing false or misleading information in relation to proposed or existing dam works under Part 8 of Act; | 3 |\n|  |  |  | in all other cases, 1 penalty unit |  |\n| 284(1) | Hindering, &c., persons administering Act or misrepresenting self as authorised officer or authorised person | 50 penalty units | 1 penalty unit | 3 |\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 26 June 2019\n\nThese regulations are administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":44}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"These Regulations do not alter the core scope of rights or obligations in the Water Management Act 1999. They prescribe procedural, technical and financial details to implement the Act: fees and rebates (regs 5–12; Schedules 1–3), licence classes/competencies and endorsements for well drilling (regs 13–18), enforcement mechanics including infringement penalties and demerit points (regs 19–26; Schedule 4), and record‑keeping and reporting requirements (reg 30). They operationalise the Act rather than expand or narrow statutory entitlements."},"complexity_factors":["Multiple interlocking fee tables and formulas across regions and allocation sizes (regulations 6–8; Schedule 1; Part 2 of Schedule 3) increasing arithmetic and billing complexity.","Tiered fee, rebate and indexing rules with exceptions and caps (regulations 5, 6(4)–(5), 10(2)–(3), 12), producing numerous edge cases for payers and administrators.","Licence classification and endorsement system with technical competencies and phased field-experience requirements (regulations 13–17) that reference external qualifications and bodies (ADITC, NUDLC).","Demerit-point allocation, suspension and cancellation mechanics tied to schedules and timeframes (regulations 20–26; Schedule 4) including carry‑forward and expiry rules.","Record‑keeping and production obligations with multiple categories, differentiated penalties and offence‑specific infringement rates (regulation 30; Schedule 4).","Cross-references to many sections of the principal Act and other statutes (numerous regs cite Act provisions), requiring combined statutory reading to determine effect.","Discretionary powers retained by authorised officers and the Minister (e.g. permitting increased short-term take into storage, reg 4(2); approvals and notices throughout), creating administrative judgment calls.","Different treatment for corporates, water corporations and individuals (regulation 10, Schedule 4) increasing compliance variance across regulated entities."],"plain_english_summary":"These Regulations implement detailed, operational rules under the Water Management Act 1999: numeric limits for domestic, stock and garden water use; fee schedules and rebates for licences and allocations; classes, endorsements and competency and experience requirements for well drillers; record-keeping obligations; and penalties and demerit-point rules for breaches. \n\nLicensees, water corporations and landholders pay fees and hold compliance duties; authorised officers, the Minister and bodies such as the NUDLC make approvals and exercise discretion. The measures affect costs, administrative burden and professional entry requirements for drilling and water use."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed because the substantive content of the regulations was not included in the provided text. Only administrative metadata (currency, responsible minister, amendment history) was available. No comparison between original and current intent is possible from this material."},"complexity_factors":["Only administrative/status metadata was provided — no substantive regulatory content is available for analysis","Water management regulations are typically moderately to highly complex in substance, involving technical definitions, licensing frameworks, environmental conditions, and enforcement mechanisms — but this cannot be assessed from the provided text","The existence of amending instruments adds a layer of complexity in tracking the current operative version","Regulatory instruments made under an enabling Act (the Water Management Act) require cross-referencing with the parent legislation to be fully understood"],"plain_english_summary":"These regulations set out how water resources in Tasmania are managed and used under the Water Management Act, affecting anyone who takes, uses or manages water — for example farmers, irrigators, industry, councils, environmental groups and ordinary residents. The provided file contains only administrative/status information (dates, minister, amendments); the actual rules, licences, fees and processes are not included, so consult the full text or a lawyer for your specific rights or obligations."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive regulatory framework for water management. It covers licensing, fees, well drilling, and enforcement as would be expected for subordinate legislation under the Water Management Act 1999. No significant scope creep is evident."},"complexity_factors":["Extensive cross-referencing to the Water Management Act 1999 and other legislation (Water and Sewerage Corporation Act 2012, Mineral Resources Development Act 1995, etc.)","Complex fee calculation structures with tiered rates based on ADQ (average daily quantity) across 8 regions, with different formulas for different water quantity brackets","Multiple nested conditions for fee rebates and multiple water allocations (e.g., regulation 8 has three subsections dealing with different combinations of allocations)","Detailed competency pathways for well driller licences with alternative routes and experience requirements defined in sub-regulations (regulations 15-17)","27 defined terms in the interpretation section, some referring to external documents (Australian Qualifications Framework, NUDLC standards)","Demerit point system with conditional logic for suspension timing, carry-forward provisions for seasonal licences, and cancellation rules for repeat offenders","Schedule 1 contains mathematical formulas with variables for calculating field management fees","Multiple penalty tiers for repeat offences within specified time periods (12-month and 24-month lookback periods)"],"plain_english_summary":"This legislation sets out the detailed rules for managing water use in Tasmania under the Water Management Act 1999. It covers four main areas:\n\n**1. Basic water rights (Part 2)**\n- Sets daily limits for taking water without a licence for domestic use (440L per dwelling), household gardens (up to 1,500L), and watering livestock (varying by animal type)\n- Allows authorised officers to permit taking up to 7 times these amounts if water is being stored\n\n**2. Fees for water licences (Part 3)**\n- Establishes annual fees for water licence holders, including:\n  - Administrative fees (71.1 fee units)\n  - Field management fees that vary by region (8 different regions) and type of water use\n  - Special fees for aquaculture and hydro-electricity generation\n  - Reduced fees for small-scale stock and domestic users\n- Sets out complex calculations for fees based on average daily water quantities (ADQ)\n\n**3. Well driller licensing (Part 4)**\n- Creates three classes of well driller licences (Class 1, 2, and 3) based on complexity of aquifer systems\n- Specifies six types of drilling endorsements (cable tool, auger, rotary air, rotary mud, non-drilling rig, sonic)\n- Details competency requirements including qualifications, examinations, and supervised field experience\n\n**4. Enforcement (Part 5)**\n- Establishes a demerit point system for licence holders who commit offences (12 points triggers suspension)\n- Sets penalties for infringement notices\n- Provides for licence suspension (3 months) and cancellation for repeat offenders\n\n**5. Miscellaneous requirements (Part 6)**\n- Rules for water trusts\n- Environmental offset requirements\n- Record-keeping obligations for dam works and water use (5-year retention)\n\nThe regulations also include four schedules with detailed fee tables, regional maps, and infringement penalties."}},"importantCases":[],"_links":{"self":"/api/acts/water-management-regulations-2019","history":"/api/acts/water-management-regulations-2019/history","analysis":"/api/acts/water-management-regulations-2019/analysis","conflicts":"/api/acts/water-management-regulations-2019/conflicts","importantCases":"/api/acts/water-management-regulations-2019/important-cases","documents":"/api/acts/water-management-regulations-2019/documents"}}