{"id":"tas:sr-2009-006","name":"Water Management (Watercourse Authority Exemption) Order 2009","slug":"water-management-watercourse-authority-exemption-order-2009","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"6 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315358,"registerId":"tas-tas:sr-2009-006-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 (Watercourse Authority Exemption) Order 2009](/view/html/inforce/2026-04-12/sr-2009-006) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on the day on which the provisions of the [Water Legislation Amendment Act 2008](/view/html/inforce/2026-04-12/act-2008-056) commence.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) applies to the interpretation of this order as if it were regulations within the meaning of that Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Exemption","content":"### 4 Exemption\n\n> It is declared that [Part 6A](/view/html/inforce/2026-04-12/act-1999-045#HP6A@EN) of the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) does not apply to the following water entities:\n> \n> > > (a) [*\\[Clause 4 Amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013\\]*](/view/html/inforce/2013-07-01/act-2012-051#JS2@Ja6@GC1@EN) the following bodies corporate under the Corporations Act:\n> > > \n> > > > > (i) Cressy Longford Irrigation Scheme Ltd. (ACN 097 994 100);\n> > > > \n> > > > > (ii) [*\\[Clause 4 Amended by S.R. 2016, No. 74, Applied:07 Sep 2016\\]*](/view/html/inforce/2016-09-07/sr-2016-074#GS4@Hpa@EN) .  .  .  .  .  .  .  .  \n> > \n> > > (b) [*\\[Clause 4 Amended by No. 51 of 2012, Sched. 2, Applied:01 Jul 2013\\]*](/view/html/inforce/2013-07-01/act-2012-051#JS2@Ja6@GC1@EN) the Corporation within the meaning of the [Water and Sewerage Corporation Act 2012](/view/html/inforce/2026-04-12/act-2012-051) ;\n> > \n> > > (c) [*\\[Clause 4 Amended by S.R. 2016, No. 74, Applied:07 Sep 2016\\]*](/view/html/inforce/2016-09-07/sr-2016-074#GS4@Hpb@EN) .  .  .  .  .  .  .  .  \n> > \n> > > (d) the Director of Inland Fisheries;\n> > \n> > > (e) the following Government Business Enterprises:\n> > > \n> > > > > (i) Hydro-Electric Corporation;\n> > > > \n> > > > > (ii) [*\\[Clause 4 Amended by S.R. 2011, No. 63, Applied:01 Jul 2011\\]*](/view/html/inforce/2011-07-01/sr-2011-063#GS4@EN) .  .  .  .  .  .  .  .  \n> > \n> > > (ea) [*\\[Clause 4 Amended by S.R. 2016, No. 74, Applied:07 Sep 2016\\]*](/view/html/inforce/2016-09-07/sr-2016-074#GS4@Hpc@EN) the River Clyde Trust, a trust reconstituted under section 308 of the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) ;\n> > \n> > > (f) the Elizabeth Macquarie Irrigation Trust, a trust established under [Part 10 of the](/view/html/inforce/2026-04-12/act-1999-045#HP10@EN) [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) .\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 11 February 2009\n\nThis order is administered in the Department of Primary Industries and Water.","sortOrder":3}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the order appears to have remained focused on its original purpose of providing exemptions from watercourse authority requirements. While amendments have been made (as indicated by the Table of Amending Instruments), there is no evidence from the provided text that the scope has fundamentally shifted from its original intent."},"complexity_factors":["Operates as a subordinate instrument (statutory order) under the Water Management Act 1999, requiring understanding of the parent Act to fully interpret","The exemptions themselves (not visible in the provided text) may involve technical definitions of 'watercourse' and specific qualifying conditions","Has been amended at least once (Table of Amending Instruments referenced), meaning the current text may differ from the original 2009 version","Practical application requires cross-referencing with broader water licensing and management framework in Tasmania"],"plain_english_summary":"This Tasmanian Order creates exemptions to the Water Management Act 1999 requirement for a watercourse authority, so certain low‑risk or routine interactions with natural watercourses (e.g. by farmers, landowners, councils or businesses) don’t need a formal permit. It matters because it simplifies lawful use and interference with rivers, streams and creeks. Note: the exact list of exempted activities isn’t provided here — consult the full order and amendments to confirm specifics."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: exempting specific named entities from Part 6A of the Water Management Act 1999. While the list of exempt entities has expanded over time through amendments (adding the Water and Sewerage Corporation, River Clyde Trust, and removing some entities), the fundamental scope — creating targeted exemptions for particular water managers — has not drifted or grown beyond this narrow administrative function."},"complexity_factors":["Very short instrument — only 4 substantive sections","Single operative provision (section 4) containing a simple exemption list","No defined terms in the instrument itself — relies entirely on external definitions from the Corporations Act, Water Management Act, and Water and Sewerage Corporation Act","No conditional logic, exceptions, or nested provisions","Straightforward declaratory language: \"It is declared that Part 6A... does not apply\"","Amendment history visible in text but does not affect structural complexity"],"plain_english_summary":"This is a Tasmanian law that **exempts specific water entities from Part 6A of the Water Management Act 1999**.\n\n**What it does:**\n- Part 6A of the Water Management Act normally requires certain approvals or compliance steps for \"watercourse authorities\" (entities that manage or control water infrastructure).\n- This Order creates a **carve-out** — a list of organisations that don't have to follow those rules.\n\n**Who it affects:**\nThe exemption applies to:\n- **Cressy Longford Irrigation Scheme Ltd** — a private irrigation company\n- **The Water and Sewerage Corporation** — Tasmania's government-owned water utility\n- **The Director of Inland Fisheries** — a government fisheries manager\n- **Hydro-Electric Corporation** — Tasmania's government-owned electricity generator (which operates major dams)\n- **The River Clyde Trust** — a trust managing water infrastructure on the River Clyde\n- **The Elizabeth Macquarie Irrigation Trust** — another irrigation trust\n\n**Why it matters:**\nThese entities manage critical water infrastructure — dams, irrigation schemes, hydroelectric systems — but are excused from the usual regulatory oversight that applies to other water managers. This reduces red tape for established government and quasi-government bodies, but also means they operate under different accountability rules than private water users."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Clause 4 has been amended repeatedly (see amendment notes: S.R. 2011 No. 63; No. 51 of 2012, Sched. 2, Applied 01 Jul 2013; S.R. 2016 No. 74, Applied 07 Sep 2016) to add named bodies corporate, corporations under the Water and Sewerage Corporation Act, government business enterprises, the River Clyde Trust, and specific irrigation trusts. Those amendments expanded the set of entities exempted from Part 6A compared with earlier versions."},"complexity_factors":["Direct cross-reference and legal effect on Part 6A of the Water Management Act 1999 (s4) — requires reading two instruments together.","Amendment history embedded in clause 4 (S.R. 2011, No. 63; No. 51 of 2012; S.R. 2016, No. 74) which changes the list of exempt entities over time.","Reliance on external statutes for entity definitions and scope (Corporations Act; Water and Sewerage Corporation Act 2012; Water Management Act 1999).","Commencement is tied to another Act (Water Legislation Amendment Act 2008) rather than immediate effect (s2).","Application of the Acts Interpretation Act 1931 to this order (s3) affects interpretation rules.","List-style exemption creates potential ambiguity where ellipses appear in the published text and where entities are defined by reference rather than in full."],"plain_english_summary":"This order declares that Part 6A of the Water Management Act 1999 does not apply to a specified list of water entities (see s4). It names particular irrigation schemes, corporations, trusts, a government business enterprise, and the Director of Inland Fisheries as exempt. As a result, those listed entities are relieved of the regulatory obligations and compliance costs that Part 6A would impose; the order is administered by the Department of Primary Industries and Water."}},"importantCases":[],"_links":{"self":"/api/acts/water-management-watercourse-authority-exemption-order-2009","history":"/api/acts/water-management-watercourse-authority-exemption-order-2009/history","analysis":"/api/acts/water-management-watercourse-authority-exemption-order-2009/analysis","conflicts":"/api/acts/water-management-watercourse-authority-exemption-order-2009/conflicts","importantCases":"/api/acts/water-management-watercourse-authority-exemption-order-2009/important-cases","documents":"/api/acts/water-management-watercourse-authority-exemption-order-2009/documents"}}