{"id":"tas:sr-2012-067","name":"Water Management (Sassafras Wesley Vale Groundwater Area) Order 2012","slug":"water-management-sassafras-wesley-vale-groundwater-area-order-2012","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"67 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":314335,"registerId":"tas-tas:sr-2012-067-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 (Sassafras Wesley Vale Groundwater Area) Order 2012](/view/html/inforce/2026-04-12/sr-2012-067) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which its making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Sassafras Wesley Vale Groundwater Area","content":"### 3 Sassafras Wesley Vale Groundwater Area\n\n> The area of land defined in [Schedule 1](#JS1@EN) to this order is –\n> \n> > > (a) appointed to be, and is defined as, a groundwater area; and\n> > \n> > > (b) named the Sassafras Wesley Vale Groundwater Area.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Requirement for licence","content":"### 4 Requirement for licence\n\n> > (1)  Groundwater may not be taken from the Sassafras Wesley Vale Groundwater Area for commercial purposes without the authority of a licence.\n> \n> > (2)  For [subclause (1)](#GS4@Gs1@EN) , groundwater is taken for commercial purposes if it is taken for a purpose that –\n> > \n> > > > (a) is not a specified purpose within the meaning of [section 48(1) of the](/view/html/inforce/2026-04-12/act-1999-045#GS48@Gs1@EN) [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) ; and\n> > > \n> > > > (b) is a specified purpose within the meaning of [section 48(1) of the](/view/html/inforce/2026-04-12/act-1999-045#GS48@Gs1@EN) [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) and the amount of groundwater taken is in excess of the amount specified for that purpose in [regulation 4(1) of the](/view/html/inforce/2026-04-12/sr-2009-068#GS4@Gs1@EN) [Water Management Regulations 2009](/view/html/inforce/2026-04-12/sr-2009-068) .","sortOrder":3},{"sectionNumber":"SCHEDULE 1 - Sassafras Wesley ","sectionType":"part","heading":"SCHEDULE 1 - Sassafras Wesley Vale Groundwater Area","content":"# SCHEDULE 1 - Sassafras Wesley  SCHEDULE 1 - Sassafras Wesley Vale Groundwater Area\n\n[Clause 3](#GS3@EN)\n\n[Schedule 2](#JS2@EN)","sortOrder":4},{"sectionNumber":"SCHEDULE 2 - Plan","sectionType":"part","heading":"SCHEDULE 2 - Plan","content":"# SCHEDULE 2 - Plan SCHEDULE 2 - Plan\n\n[![graphic image](/image/cpr9501.gif)](/image/cpr9501.gif)\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 15 August 2012\n\nThis order is administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":5}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the order appears to have remained consistent with its original intent — to formally declare the Sassafras Wesley Vale region a regulated groundwater area. No amendments are indicated in the amending instruments table that would suggest any expansion or contraction of scope since 2012."},"complexity_factors":["Very narrow and specific geographic scope — applies only to one defined groundwater area","Functions primarily as a declaratory instrument (it designates an area rather than creating complex rules)","Derives its operative effect from a parent Act (Water Management Act 1999), meaning the real regulatory complexity sits elsewhere","No amendments have been made since 2012, suggesting stable and straightforward content","Limited text provided — the substantive provisions of the order are not fully reproduced, reducing ability to assess hidden complexity"],"plain_english_summary":"The order formally designates the Sassafras Wesley Vale zone as a regulated groundwater area under Tasmania’s Water Management Act 1999. That brings aquifers in this vegetable- and potato-growing region under licensing and oversight, affecting farmers, irrigators, landowners, businesses and local water users. It matters because it enables monitoring, licensing and limits to prevent over‑extraction or contamination of a critical local water supply."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This order applies the existing licensing regime from the Water Management Act and Regulations to a newly named and mapped groundwater area (cls 3–4). It does not itself alter the statutory definitions, thresholds or licensing powers in the parent legislation; it designates area boundaries and triggers licence requirements that are implemented under the Act and Regulations."},"complexity_factors":["Simple, narrow instrument with only designation and a licensing requirement (cls 3–4).","Relies on external definitions and thresholds: Water Management Act 1999 s48(1) and Water Management Regulations 2009 reg 4(1) (cl 4(2)), which require reading other instruments to determine scope.","Geographic boundary shown as a plan in Schedule 2; interpreting the exact boundary requires consulting the map rather than text.","Commencement tied to Gazette notification (cl 2), introducing a timing detail for operation.","Substantive licensing discretion and operational detail are exercised under the parent Act and regulations, not in this order, so compliance obligations depend on external administrative rules."],"plain_english_summary":"This order declares the Sassafras Wesley Vale area to be a groundwater area and requires a licence to take groundwater from that area for commercial purposes under the Water Management Act 1999. It takes effect when notified in the Gazette and shows the area on the attached plan. The licence trigger relies on the Act’s definition of ‘specified purpose’ and the Regulations’ quantity thresholds, so only extractions that exceed those regulatory limits or are non‑specified are captured."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward, single-purpose order that does exactly what its title suggests: establishes a groundwater area and imposes a licensing requirement. No scope creep detected."},"complexity_factors":["Very short instrument — only 4 operative clauses plus schedules","Minimal defined terms (only 'commercial purposes' is elaborated)","Two external cross-references to primary legislation and regulations that determine the actual licensing threshold","Geographic scope defined by reference to a map in Schedule 2 rather than textual description","No nested exceptions or conditional logic beyond the basic commercial/domestic distinction"],"plain_english_summary":"**What this does:**\nThis order creates a new regulated zone called the **Sassafras Wesley Vale Groundwater Area** in Tasmania. It makes it illegal to pump groundwater from this area for **commercial purposes** unless you have a licence.\n\n**Who it affects:**\n- **Farmers, businesses, and property owners** in the Sassafras Wesley Vale area who want to use groundwater for commercial activities\n- **Domestic users** are generally unaffected — you don't need a licence for ordinary household use (like watering your garden or supplying your home)\n- **Small-scale users** — if you're using water for a purpose that doesn't require a licence under the main Water Management Act, or you're staying under specific volume limits set out in the regulations, you don't need a licence either\n\n**Why it matters:**\nGroundwater is a shared resource. Without rules, heavy commercial pumping could drain the aquifer (the underground water source), leaving neighbours with dry bores or damaged ecosystems. This order puts a **licensing gate** on commercial extraction so the government can track who's taking water, how much, and ensure sustainable use. It's a standard tool for protecting water resources in areas where demand is growing or supply is limited.\n\n**The catch:**\nThe rule hinges on two legal definitions borrowed from other laws:\n- Whether your water use is a \"specified purpose\" under the *Water Management Act 1999*\n- Whether you exceed volume thresholds in the *Water Management Regulations 2009*\n\nIf you're in the grey zone between domestic and commercial use, you'll need to check those other documents or seek advice."}},"importantCases":[],"_links":{"self":"/api/acts/water-management-sassafras-wesley-vale-groundwater-area-order-2012","history":"/api/acts/water-management-sassafras-wesley-vale-groundwater-area-order-2012/history","analysis":"/api/acts/water-management-sassafras-wesley-vale-groundwater-area-order-2012/analysis","conflicts":"/api/acts/water-management-sassafras-wesley-vale-groundwater-area-order-2012/conflicts","importantCases":"/api/acts/water-management-sassafras-wesley-vale-groundwater-area-order-2012/important-cases","documents":"/api/acts/water-management-sassafras-wesley-vale-groundwater-area-order-2012/documents"}}