{"id":"tas:sr-2009-007","name":"Water Management (Well Driller's Licence Exemption) Order 2009","slug":"water-management-well-driller-s-licence-exemption-order-2009","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"7 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315429,"registerId":"tas-tas:sr-2009-007-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 (Well Driller's Licence Exemption) Order 2009](/view/html/inforce/2026-04-12/sr-2009-007) .","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> The following categories of well works are exempt from the operation of [Division 4 of Part 7](/view/html/inforce/2026-04-12/act-1999-045#HP7@HD4@EN) of the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) :\n> \n> > > (a) well works not involving any excavation deeper than 3 metres below the natural surface of the ground;\n> > \n> > > (b) well works carried out solely for maintenance purposes and not involving –\n> > > \n> > > > > (i) the repositioning of the casing, lining or screen of the well; or\n> > > > \n> > > > > (ii) a major modification of the casing, lining or screen of the well; or\n> > > > \n> > > > > (iii) the replacement of the casing, lining or screen of the well with a casing, lining or screen of entirely different design or specifications; or\n> > > > \n> > > > > (iv) the deepening of the well by more than 1.5 metres;\n> > \n> > > (c) well works that reasonably need to be undertaken urgently (in circumstances where it is not feasible to obtain the services of the holder of a well driller's licence) to –\n> > > \n> > > > > (i) prevent the pollution or deterioration of bore water; or\n> > > > \n> > > > > (ii) prevent water wastage;\n> > \n> > > (d) well works undertaken in good faith in an emergency (in circumstances where it is not feasible to obtain the services of the holder of a well driller's licence) to –\n> > > \n> > > > > (i) prevent the death or injury of any person or animal; or\n> > > > \n> > > > > (ii) safeguard property.\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":2,"scope_assessment":{"changed":false,"description":"Based on available text, the Order appears to remain focused on its original narrow purpose of exempting specific well drilling activities from licence requirements. No amendments are evident from the metadata, and its scope does not appear to have broadened or narrowed since commencement in 2009."},"complexity_factors":["Very short subordinate legislation (a ministerial order rather than a full Act)","Limited substantive content available in the provided text — mostly status/metadata information","Narrow, specific subject matter (well drilling licence exemptions only)","Operates as a simple carve-out from a parent Act, requiring understanding of the Water Management Act to fully appreciate scope","No evidence of complex definitions, cross-references, or tiered obligations"],"plain_english_summary":"This Order creates a targeted exemption from the Water Management Act’s requirement for a well driller’s licence, letting certain people and low‑risk activities drill wells without full licensing. It mainly affects landowners drilling for personal or agricultural use and other specified low‑risk categories.\n\nIt matters because eligible drillers save time and cost, while those outside the exemption still must hold a licence or risk penalties. The order has applied since February 2009."},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This Order narrows the practical reach of Division 4 of Part 7 of the Water Management Act 1999 by specifying categories of well works that are exempt from the licensing requirement (see section 4). It does not amend Division 4 itself; it removes that Division’s operation in the listed circumstances, making the licensing obligation inapplicable for those works."},"complexity_factors":["Cross-reference to Division 4 of Part 7 of the Water Management Act 1999 (exemption applies only by reference) (section 4)","Commencement depends on a separate Act starting (Water Legislation Amendment Act 2008) (section 2)","Numeric thresholds create clear limits (excavation deeper than 3 metres; deepening by more than 1.5 metres) (section 4(a), 4(b)(iv))","Several provisions use subjective standards that allow regulatory or adjudicative judgement: 'reasonably need to be undertaken urgently', 'not feasible to obtain the services', and 'undertaken in good faith' (section 4(c)–(d))","Multiple narrowly defined maintenance exceptions require factual assessment of whether a work 'repositions', is a 'major modification', or 'replacement...with entirely different design or specifications' (section 4(b)(i)–(iii))","Interpretation Act applies to construction, adding standard statutory interpretation principles (section 3)","Practical compliance burden falls on operators/landowners to establish eligibility for an exemption in case of dispute; enforcement discretion lies with the administering department (administration note)"],"plain_english_summary":"This Order carves out specific situations in which people may do well works without holding a well driller’s licence under Division 4 of Part 7 of the Water Management Act 1999. It exempts shallow excavations (≤3 m), certain maintenance that does not materially alter casing or deepen by >1.5 m, urgent works to prevent pollution or water wastage, and emergency works to protect life or property when a licensed driller is not feasibly available. It takes effect when the Water Legislation Amendment Act 2008 commences and is administered by the Department of Primary Industries and Water."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This order appears to serve its original narrow purpose: creating specific, limited exemptions to well driller licensing requirements. The four exemption categories (shallow works, maintenance, urgent environmental protection, emergencies) align with a straightforward regulatory intent to reduce red tape for low-risk activities while maintaining protections for water resources. There is no evidence of scope creep or expansion beyond this original purpose."},"complexity_factors":["Very short document (4 operative sections, approximately 250 words)","Only 1 defined term implicitly referenced (well works, defined in parent Act)","Simple structure: title, commencement, interpretation, single exemption provision","No cross-references to other legislation beyond standard interpretation Act and parent Act provision","Clear, enumerated list of 4 exemption categories with plain language conditions","No nested exceptions or complex conditional logic beyond basic 'and/or' structure"],"plain_english_summary":"This is a short legal order from Tasmania that creates exceptions to the normal rules about who can drill or work on water wells.\n\n**What it does:**\nNormally, the *Water Management Act 1999* requires anyone doing \"well works\" (drilling, modifying, or repairing water bores/wells) to hold a well driller's licence. This order says **four specific situations don't need a licence**:\n\n*   **Shallow digging:** Works that don't go deeper than 3 metres below ground level\n*   **Basic maintenance:** Routine upkeep that doesn't involve moving, significantly changing, or replacing the well's casing/lining/screen, or deepening the well by more than 1.5 metres\n*   **Urgent environmental protection:** Emergency works needed quickly to stop water pollution or waste, when you can't get a licensed driller in time\n*   **Life-or-death emergencies:** Works done in good faith to save people, animals, or property from immediate harm, when a licensed driller isn't available\n\n**Who it affects:**\nLandowners, farmers, maintenance workers, and emergency responders in Tasmania who need to work on water wells but don't have (or can't immediately get) a licensed well driller.\n\n**Why it matters:**\nIt provides practical flexibility. Requiring a licensed driller for every minor job or genuine emergency would be impractical and potentially dangerous. This balances water resource protection with common-sense exemptions for shallow work, routine maintenance, and genuine emergencies."}},"importantCases":[],"_links":{"self":"/api/acts/water-management-well-driller-s-licence-exemption-order-2009","history":"/api/acts/water-management-well-driller-s-licence-exemption-order-2009/history","analysis":"/api/acts/water-management-well-driller-s-licence-exemption-order-2009/analysis","conflicts":"/api/acts/water-management-well-driller-s-licence-exemption-order-2009/conflicts","importantCases":"/api/acts/water-management-well-driller-s-licence-exemption-order-2009/important-cases","documents":"/api/acts/water-management-well-driller-s-licence-exemption-order-2009/documents"}}