{"id":"tas:sr-2009-076","name":"Water Management (Well Works Permit Exemption) Order (No. 2) 2009","slug":"water-management-well-works-permit-exemption-order-no-2-2009","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"76 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":315403,"registerId":"tas-tas:sr-2009-076-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 Works Permit Exemption) Order (No. 2) 2009](/view/html/inforce/2026-04-12/sr-2009-076) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This order takes effect on 1 September 2009.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this order –\n> > \n> > > ***Act*** means the [Water Management Act 1999](/view/html/inforce/2026-04-12/act-1999-045) .\n> \n> > (2)  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 a well works permit is not required for the following classes of well works:\n> \n> > > (a) well works carried out (and the well subsequently used solely) for the purposes of –\n> > > \n> > > > > (i) groundwater sampling and monitoring (including collection of data for geotechnical, engineering or environmental purposes); or\n> > > > \n> > > > > (ii) investigating potential or actual groundwater contamination;\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 apply for a permit under [section 135A](/view/html/inforce/2026-04-12/act-1999-045#GS135A@EN) of the Act) to –\n> > > \n> > > > > (i) prevent the pollution or deterioration of groundwater; 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 apply for a permit under [section 135A](/view/html/inforce/2026-04-12/act-1999-045#GS135A@EN) of the Act) to –\n> > > \n> > > > > (i) prevent the death or injury of any person or animal; or\n> > > > \n> > > > > (ii) safeguard property.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Legislation revoked","content":"### 5 Legislation revoked\n\n> The legislation specified in [Schedule 1](#JS1@EN) is revoked.","sortOrder":4},{"sectionNumber":"SCHEDULE 1 - Legislation revok","sectionType":"part","heading":"SCHEDULE 1 - Legislation revoked","content":"# SCHEDULE 1 - Legislation revok SCHEDULE 1 - Legislation revoked\n\n[Clause 5](#GS5@EN)\n\n| Water Management (Well Works Permit Exemption) Order 2009 (No. 8 of 2009) |\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 8 July 2009\n\nThis order is administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":5}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no indication the scope changed from its original intent. The order appears to have remained in its original form since commencement on 1 September 2009, with no substantive amendments evident. It was designed as a narrow administrative exemption and appears to have stayed that way."},"complexity_factors":["Sits within a broader regulatory framework (the Water Management Act) requiring cross-referencing to understand the full effect","The term 'well works' has a specific technical and legal definition not explained in the provided text","The actual exemption criteria are not visible in the provided text, making full analysis impossible","Subordinate legislation (an Order) rather than primary legislation — its operation depends on the parent Act","Narrow and specific subject matter limits overall complexity"],"plain_english_summary":"This Tasmanian order creates an exemption from the usual requirement to hold a permit for certain works on groundwater wells, reducing regulatory red tape for landowners, operators, and contractors who dig, alter or maintain wells. It’s been in force since 1 September 2009; the provided text is truncated, so the specific exempted activities aren’t shown."},"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":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose of specifying permit exemptions for well works. It replaces an earlier Order from the same year (No. 8 of 2009) with what appears to be substantively similar exemptions, suggesting it is a technical update or correction rather than an expansion of scope."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","Single operative provision (section 4) with four straightforward exemption categories","Minimal cross-referencing (only to section 135A of the parent Act and the Acts Interpretation Act 1931)","Simple structure: short title, commencement, interpretation, exemption, revocation schedule","No nested exceptions or complex conditional logic beyond basic 'solely for' and 'not involving' qualifiers","Total length is approximately 1.5 pages"],"plain_english_summary":"**What this legislation does:**\n\nThis Order creates **exceptions to the usual permit rules** for people who want to drill, modify, or work on water wells (called \"well works\") in Tasmania.\n\nNormally, you need a permit under the *Water Management Act 1999* before you can do any work on a well. This Order says **you don't need a permit** if your work falls into one of four specific categories:\n\n*   **Scientific or environmental monitoring** – drilling or using wells just to take water samples, monitor groundwater, or check for contamination\n*   **Basic maintenance** – routine upkeep that doesn't involve moving the well's lining, making major changes, replacing parts with completely different designs, or digging more than 1.5 metres deeper\n*   **Urgent environmental protection** – emergency work needed quickly to stop groundwater pollution or water waste (when there's no time to apply for a permit)\n*   **Life-or-death emergencies** – work done in good faith to save people or animals from death or injury, or to protect property from serious damage (again, only when there's no time to get a permit)\n\n**Who it affects:**\n\n*   Landowners, farmers, and businesses with wells\n*   Environmental consultants and geotechnical engineers\n*   Well drillers and maintenance contractors\n*   Emergency services and anyone dealing with contaminated sites\n\n**Why it matters:**\n\nThis cuts red tape for low-risk activities. It means scientists can monitor water quality, property owners can maintain their wells, and emergency responders can act quickly without waiting for paperwork. However, it still requires permits for major well modifications or new drilling outside these narrow exceptions.\n\nThe Order also **replaces an earlier version** from earlier in 2009 (revoking the *Water Management (Well Works Permit Exemption) Order 2009*)."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This order revokes the earlier Water Management (Well Works Permit Exemption) Order 2009 (No. 8 of 2009) and declares specific classes of well works exempt from the requirement for a well works permit (s4, s5). Mechanically, it changes which activities require a permit by excluding specified monitoring, limited maintenance, urgent pollution‑prevention and emergency works; it does not amend the underlying Act but alters the practical permit coverage via exemption (s4, s5)."},"complexity_factors":["Single-purpose, short instrument focused on exemptions (ss1–2) reduces structural complexity.","Relies on the Water Management Act 1999 and the Acts Interpretation Act 1931 for meaning and context (s3(1)–(2)), creating cross‑reference dependence.","Uses subjective qualifying tests — 'reasonably need', 'not feasible to apply', and 'in good faith' — which require fact-based assessment by operators or regulators (s4(c),(d)).","Contains technical maintenance exclusions and numeric threshold (deepening > 1.5 m) that need operational interpretation (s4(b)(iv)).","Interacts with the permit application regime (section 135A of the Act) so practical scope depends on that external process (s4(c),(d); s3(1)).","Revokes an earlier exemption order listed in Schedule 1, requiring comparison to prior instrument to identify net changes (s5; Sch 1).","Shifts compliance burden onto persons performing works to self-assess eligibility for exemption and potentially document urgency/emergency facts for enforcement review (s4)."],"plain_english_summary":"This order declares that certain well works do not require a well works permit under the Water Management Act 1999. It exempts activities such as groundwater sampling and monitoring, limited maintenance subject to technical limits, urgent works to prevent pollution or water wastage, and emergency works to prevent death, injury or property harm (s4).\n\nIt affects landowners, contractors and consultants who will decide whether the exemption applies instead of applying for a permit, and it revokes an earlier exemption order (s5)."}},"importantCases":[],"_links":{"self":"/api/acts/water-management-well-works-permit-exemption-order-no-2-2009","history":"/api/acts/water-management-well-works-permit-exemption-order-no-2-2009/history","analysis":"/api/acts/water-management-well-works-permit-exemption-order-no-2-2009/analysis","conflicts":"/api/acts/water-management-well-works-permit-exemption-order-no-2-2009/conflicts","importantCases":"/api/acts/water-management-well-works-permit-exemption-order-no-2-2009/important-cases","documents":"/api/acts/water-management-well-works-permit-exemption-order-no-2-2009/documents"}}