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.
Licensees, 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.
These regulations prescribe detailed operational rules, fee schedules, licensing classes and enforcement settings that operationalise the Water Management Act 1999. Mechanically, the instrument does the following.
Sets commencement and scope. The regulations commence 1 July 2019 (reg 2) and operate as subordinate legislation under the Act (see definitions in reg 3, where “Act” is defined as the Water Management Act 1999). They are administered by the Department of Primary Industries, Parks, Water and Environment, and were notified in the Gazette on 26 June 2019 (footer).
Specifies authorised personal and household daily water‑take limits for domestic and small agricultural uses. Regulation 4(1) fixes per dwelling and per person caps for domestic purposes and per head values for stock watering, and limits for garden irrigation by area. Regulation 4(2) allows an authorised officer to permit taking into storage up to seven times the daily amounts over any 7 day period.
Prescribes fee regimes. Part 3 establishes a flat annual administrative fee (reg 5), multiple classes of field management fees (regs 6 and 7 and Schedule 1) including regionally differentiated rates using an 8‑region map (reg 7(2), Plan 5278 in Schedule 2), special fees for aquaculture and hydroelectric uses (reg 9), and special provisions for Corporations and bulk water authorities (reg 10). Miscellaneous application and processing fees are set out in Schedule 3 and apply to many Act processes (reg 11).
Implements rebates. Regulation 12 prescribes rebates on application, administrative and field management fees where allocations are exclusively stock and domestic and ADQ is 0.01 ML or less.
Current sections
Direct links to the current provisions in Water Management Regulations 2019.
(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
(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;
NUDLC means the National Uniform Drillers Licensing Committee;
quarter means a period of 3 months commencing on the first day of January, April, July or October in any year;
(i) a maximum of 440L per day for each dwelling on the relevant land; or
(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
(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
(c) for watering cattle, a maximum of 90L per day for each head; or
(d) for watering horses, a maximum of 45L per day for each head; or
(e) for watering sheep, a maximum of 8.5L per day for each head; or
(f) for watering goats, a maximum of 8.5L per day for each head; or
(g) for watering pigs, a maximum of 20L per day for each head; or
(h) for watering chickens, a maximum of 3L per day for each 10 head; or
(i) for watering turkeys, 5.5L per day for each 10 head.
(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) in any period of 7 days.
Part 3
Water licence fees
Part 3 Water licence fees
5
Administrative fees
5 Administrative fees
A licensee is to pay an annual administrative fee of 71.1 fee units.
6
Field management fees
6 Field management fees
(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 –
(a) into a dam constructed in or on a watercourse; and
(b) between 1 May and 30 November in any year (inclusive of both of those days).
(2) Where –
(a) water is taken into a dam constructed in or on a watercourse; or
(b) there is more than one water allocation of a licence authorising the taking of water during the period referred to in subregulation (1) and at least one of the allocations is taken into a dam constructed in or on a watercourse –
the licensee is to pay an annual field management fee in accordance with the following table:
(3) Where water is, in any case other than the case referred to in subregulation (2) , taken during the period referred to in subregulation (1) , the licensee is to pay an annual field management fee in accordance with the following table:
(4) Where there is more than one water allocation of a licence authorising the taking of water as mentioned in subregulation (1) , 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.
(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.
7
Other field management fees
7 Other field management fees
(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 for the region in which is situated the location, for the taking of water, that is identified on the licence.
(2) For the purposes of these regulations –
(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 ; and
(b) each region is more particularly delineated on several plans in the Central Plan Register as is indicated for the regions on Plan 5278.
(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.
8
Multiple water allocations fees
8 Multiple water allocations fees
(1) If a licence has more than one water allocation, the fee payable under regulation 7 is whichever amount is the lesser of the following:
(a) the total of the annual field management fees payable for each allocation;
(b) the fee applicable to the total amount of water as if it were all a single allocation.
(2) If a licence has a water allocation as mentioned in regulation 6(2) and a water allocation as mentioned in regulation 7 , the annual field management fee is one-half of the amount payable under regulation 6(2) together with the amount payable under regulation 7 .
(3) If a licence has a water allocation authorising the taking of water –
(a) only during the period between 1 May and 30 November in any year (inclusive of both of those days); and
(b) except as mentioned in this Part –
the annual field management fee is the total amount payable under regulations 6(2) and 7 .
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 –
(a) for aquaculture; or
(b) for hydro-electricity generation; or
(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.
10
Water authorities fees
10 Water authorities fees
(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.
(2) The amount of the fee is the lesser of the following amounts:
(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);
(b) the prescribed maximum.
(3) In this regulation –
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);
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;
prescribed maximum means –
(a) for the financial year ending on 30 June 2019 – $2 672 200.00; and
(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
(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;
The fees specified in Schedule 3 are prescribed as the fees payable in respect of the miscellaneous matters to which they respectively relate.
12
Fee rebates
12 Fee rebates
A licensee is entitled to the following fee rebates:
(a) on an application fee under section 62 or 70 of the Act, a 70% rebate if, when the fee is paid –
(i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and
(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;
(b) on an annual field management fee under regulation 6 or 7 , a 100% rebate if, when the fee is paid –
(i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and
(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;
(c) on an administrative fee under regulation 5 , a 50% rebate if, when the fee is paid –
(i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and
(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.
Part 4
Well Drillers' Licences
Part 4 Well Drillers' Licences
13
Licence classes
13 Licence classes
(1) For the definition of class in section 136 of the Act, the following classes are prescribed:
(a) class 1 licence;
(b) class 2 licence;
(c) class 3 licence.
(2) A class 1 licence authorises its holder to carry out drilling activities in single non-flowing aquifer systems.
(3) A class 2 licence authorises its holder to carry out drilling activities in multiple non-flowing aquifer systems.
(4) A class 3 licence authorises its holder to carry out drilling activities in non-flowing and flowing aquifer systems.
14
Licence endorsements
14 Licence endorsements
(1) For the definition of endorsement in section 136 of the Act, the following endorsements are prescribed:
(a) cable tool endorsement;
(b) auger endorsement;
(c) rotary air endorsement;
(d) rotary mud endorsement;
(e) non-drilling rig endorsement;
(f) sonic endorsement.
(2) A cable tool endorsement authorises cable tool or cable percussion-drilling methods.
(3) An auger endorsement authorises bucket auger, hollow-stem auger or solid-stem auger drilling methods.
(4) A rotary air endorsement authorises rotary drilling methods with air as the drilling fluid.
(5) A rotary mud endorsement authorises rotary drilling methods with water as either the drilling fluid or as the base for the drilling fluid.
(6) A non-drilling rig endorsement authorises non-drilling rig methods, including –
(a) spear point construction; and
(b) hand digging, or the use of excavators or back-hoes, for the construction of wells, excavations and galleries.
(7) A sonic endorsement authorises sonic drilling methods with an abrasive slurry that is made to vibrate at sonic frequencies.
15
Class 1 licence competencies
15 Class 1 licence competencies
(1) For section 136C(2)(d) of the Act, the prescribed competencies for a class 1 licence are –
(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
(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
(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.
(2) In this regulation –
basic field experience, in relation to an applicant, means that the applicant has –
(a) experience in operating drilling machines in well-drilling operations over a period of at least six months; and
(b) personally drilled, under the supervision of the holder of a class 1 licence, at least 6 class 1 wells;
class 1 well means a well in a single non-flowing aquifer system;
extended field experience, in relation to an applicant, means that the applicant has –
(a) experience in operating drilling machines in well-drilling operations over a period of at least 12 months; and
(b) personally drilled, under the supervision of the holder of a class 1 licence, at least six class 1 wells.
16
Class 2 licence competencies
16 Class 2 licence competencies
(1) For section 136C(2)(d) of the Act, the prescribed competencies for a class 2 licence are –
(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
(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
(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.
(2) In this regulation –
basic field experience, in relation to an applicant, means that the applicant has –
(a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least six months; and
(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;
class 1 well means a well in a single non-flowing aquifer system;
class 2 well means a well in a multiple non-flowing aquifer system where the system requires the separation of one aquifer from another;
intermediate field experience, in relation to an applicant, means that the applicant has –
(a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least 12 months; and
(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.
17
Class 3 licence competencies
17 Class 3 licence competencies
(1) For section 136C(2)(d) of the Act, the prescribed competencies for a class 3 licence are –
(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
(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
(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.
(2) In this regulation –
class 2 well means a well in a multiple non-flowing aquifer system where the system requires the separation of one aquifer from another;
class 3 well means a well in a flowing aquifer system;
extended field experience, in relation to an applicant, means that the applicant has –
(a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least 24 months; and
(b) personally drilled at least six class 2 wells; and
(c) personally drilled, under the supervision of the holder of a class 3 licence, at least three class 3 wells;
intermediate field experience, in relation to an applicant, means that the applicant has –
(a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least 12 months; and
(b) personally drilled at least six class 2 wells; and
(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.
18
Licence conditions
18 Licence conditions
For section 136D(2)(b) 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.
| 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. |
Part 5
Enforcement
Part 5 Enforcement
Division 1
Infringement notices
Division 1 Infringement notices
19
Penalties on service of infringement notices
19 Penalties on service of infringement notices
The penalties specified in column 4 of the table in Schedule 4 are prescribed as the penalties for offences committed under the Act where an infringement notice is served on the offender for the relevant offence.
Division 2
Demerit points
Division 2 Demerit points
20
Allocation of demerit points for deemed conviction
20 Allocation of demerit points for deemed conviction
(1) For section 257 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 for the offence.
21 Allocation of demerit points for court conviction
For section 257 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 for the offence unless –
(a) the court is satisfied that, in view of mitigating circumstances, a lesser number of demerit points should be allocated; or
(b) the court has cancelled or suspended the licence under section 106(1) of the Act.
22
Duration of demerit points
22 Duration of demerit points
Demerit points remain in force for a period of 3 years.
(a) the prescribed number of demerit points is 12; and
(b) subject to section 136I(4) 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.
(2) The period of suspension is not affected –
(a) by the fact that any of the demerit points would expire during that period of suspension; or
(b) by the date on which a licence is suspended being altered under section 259(4) of the Act.
(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.
24
Licences for limited periods
24 Licences for limited periods
(1) This regulation applies where it is a condition of a licence that water may be taken only during certain periods of the year.
(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.
(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.
25
Cancellation of licence
25 Cancellation of licence
(1) Where a licence has been suspended in a case to which regulation 23 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.
(2) Subregulation (1) does not apply in a case where there has been an absolute transfer of a licence under Division 4 of Part 6 of the Act since the previous period of suspension.
26
Transfer of demerit points
26 Transfer of demerit points
A transfer of a licence as mentioned in section 262(1) of the Act does not affect the allocation of any demerit points to that licence or the period during which they remain in force.
Part 6
Miscellaneous
Part 6 Miscellaneous
27
Trust rules
27 Trust rules
For section 205(2)(b) , section 206(1) and section 206A(3) of the Act, the prescribed requirements are that the rules of the trust should specify or provide for at least the following:
(a) the membership of the trust;
(b) the proceedings of the trust;
(c) the manner in which the powers and functions of the trust are to be exercised and performed;
(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;
(e) the conduct of the business of the trust;
(f) the management of the water district or districts for which the trust is established;
(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;
(c) the monitoring of natural values of land, including, but not limited to, undertaking surveys of natural values.
(2) For the purposes of subregulation (1)(a) , a covenant includes, but is not limited to –
(1) For the purposes of section 165 of the Act, the terms of review, in accordance with which an annual review of the operation of administrative processes under Part 8 of the Act is to be conducted, are as specified in this regulation.
(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 of the Act.
(3) An annual review is to begin within 90 days after an annual report is prepared in accordance with section 164ZN of the Act.
(4) The following matters are to be considered by the Minister in an annual review:
(a) the reasons why particular administrative processes are performed in relation to applications for Division 3 permits under Part 8 of the Act and the determination of such applications;
(b) the simplicity, cost-effectiveness and timeliness of those administrative processes;
(c) what improvements, if any, may be made to those administrative processes.
30
Keeping of records and provision of information
30 Keeping of records and provision of information
(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:
(a) any surveys in relation to the dam works;
(b) any design plans in relation to the dam works;
(c) any reports, in relation to the dam works, that are obtained by the person;
(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.
Penalty: Fine not exceeding 100 penalty units.
(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.
Penalty: Fine not exceeding 100 penalty units.
(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) or (2) .
Penalty: Fine not exceeding 100 penalty units.
(4) The penalty applicable in respect of an offence against subregulation (3) that is specified in an infringement notice served on a person is –
(a) 2.5 penalty units; or
(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
(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.
(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.
Penalty: Fine not exceeding 25 penalty units.
(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 –
(a) the operational status of the well; and
(b) the purpose for which groundwater is, or has been, taken from the well; and
(c) the capacity of any equipment used to the take the groundwater from the well; and
(d) the quantity of groundwater taken from the well.
Penalty: Fine not exceeding 25 penalty units.
(7) An owner or occupier of land referred to in subregulation (5) or (6) , 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) or (6) .
Penalty: Fine not exceeding 25 penalty units.
(8) In this regulation –
specified purpose, in relation to the taking of groundwater from land, means the taking of groundwater –
(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) ; or
(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) ; or
(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) ; or
(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) ; or
(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) ; or
(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) ; or
(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) ; or
(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) ; or
(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) ; or
| Part of ADQ | Region 1 | Region 2 | Region 3 | Region 4 | Region 5 | Region 6 | Region 7 | Region 8 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
SCHEDULE 2 - Index plan of reg
SCHEDULE 2 - Index plan of regions
SCHEDULE 2 - Index plan of reg SCHEDULE 2 - Index plan of regions
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
| Section of Act | Nature of offence | Maximum penalty under Act | Penalty in case of infringement notice | Demerit points |
| 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 |
| 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 |
| 61(8) | Failing to provide details of other person's financial interest in licence | 10 penalty units | 1 penalty unit | 2 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 136E(4) | Failing to produce licence for inspection | 10 penalty units | 0.5 penalty units | 0.5 |
| 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 |
| 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 |
| 164ZA(1) | Failing to give notice of completion of dam works | 100 penalty units | 10 penalty units | Nil |
| 164ZA(3) | Failing to comply with requirement | 100 penalty units | 10 penalty units | Nil |
| 164ZB(1) | Failing to give notice of completion of dam works | 200 penalty units | 20 penalty units | Nil |
| 164ZB(4) | Failing to comply with requirement | 200 penalty units | 20 penalty units | Nil |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| | | 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 | |
| 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 |
| 165I | Failing to report dam incident | 100 penalty units | 10 penalty units and a daily penalty of 1 penalty unit | Nil |
| 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 |
| | | 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 | |
| 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 |
| | | 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 | |
| 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 |
| | | 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 | |
| 165W(3) | Failing to register dam | 100 penalty units | 20 penalty units | Nil |
| 165W(6) | Failing to comply with requirement | 100 penalty units | 10 penalty units | Nil |
| 182 | Failing to provide annual or other required report to Minister within specified time | 50 penalty units | 1 penalty unit | Nil |
| 199 | Offence in connection with water district, as specified | 50 penalty units | 1 penalty unit | Nil |
| 222 | Failing to allow inspection, &c., of trust accounts | 5 penalty units | 0.5 penalty units | Nil |
| 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 |
| 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 |
| 235(2) | Hindering person reading, &c., meter | 5 penalty units | 1 penalty unit | 2 |
| 236 | Failing to take reasonable measures to protect meter | 10 penalty units and a daily penalty of 1 penalty unit | 1 penalty unit | 2 |
| 239 | Failing to return identity card on ceasing to be authorised officer | 5 penalty units | 0.5 penalty units | Nil |
| 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 |
| 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 |
| 281(1) | Interfering with property of Minister or water entity without permission | 50 penalty units | 1 penalty unit | 3 |
| 281(2) | Interfering with infrastructure or other property of water entity without permission | 50 penalty units | 1 penalty unit | 3 |
| 281(3) | Interfering with property or infrastructure in contravention of condition of permission | 50 penalty units | 1 penalty unit | 3 |
| 282(5) | Contravening Ministerial notice to prevent or make good damage caused in taking water | 50 penalty units | 2.5 penalty units | 4 |
| 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 |
| | | | in all other cases, 1 penalty unit | |
| 284(1) | Hindering, &c., persons administering Act or misrepresenting self as authorised officer or authorised person | 50 penalty units | 1 penalty unit | 3 |
These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Water Management Regulations 2019 .
2 Commencement
2 Commencement
These regulations take effect on 1 July 2019.
3 Interpretation
3 Interpretation
In these regulations, unless the contrary intention appears –
Act means the Water Management Act 1999 ;
ADITC means the Australian Drilling Industry Training Committee Limited;
ADQ means the average daily quantity of water, expressed in ML rounded to 3 decimal places, permitted to be taken under a licence;
approved course means –
(a) the Drilling Industry Certification and Training Course prepared and assessed by the ADITC; or
(b) any course regulating the competence of well drillers that is approved by the NUDLC;
Australian well driller's licence means a licence, permit, accreditation or other kind of authority that –
(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
(b) is not suspended or otherwise subject to any taint or limitation on its validity or authority;
class 1 licence means a class 1 licence referred to in regulation 13 ;
class 2 licence means a class 2 licence referred to in regulation 13 ;
means a class 3 licence referred to in ;
Establishes well‑driller licensing architecture. Part 4 prescribes three licence classes (class 1-3) and multiple endorsements (reg 13-14). It sets the competency pathways and field experience required for each class, including recognition of an Australian well driller’s licence and approved courses plus NUDLC examinations (regs 15-17). Regulation 18 prescribes a construction standard reference for licence conditions.
Sets enforcement instruments. Part 5 prescribes infringement notice penalties and maps many Act offences to infringement amounts and demerit points in Schedule 4 (reg 19 and Schedule 4). It prescribes allocation, duration and consequences of demerit points, suspension thresholds and suspension timings (regs 20-26).
Imposes record keeping and information obligations. Regulation 30 prescribes retention periods (generally 5 years), the types of records to be kept for dam works, licences and groundwater taking, penalties for failure, and the requirement to provide records to authorised officers on request.
Provides miscellaneous operational rules. These include trust rule minimum content (reg 27), prescribed offsets (reg 28), terms for annual administrative reviews (reg 29), and a rescission note for a deleted regulation (reg 31 rescinded; note in Part 6).
The instrument converts policy choices in the Act into operational mechanics: fixed fee unit charges, regionally tiered field fees tied to ADQ, detailed competency and experience ladders for well‑driller licensing, a specific infringement/de-merit matrix, and explicit recordkeeping obligations with statutory penalties. The remainder of this deep dive explains the principal concepts, affected parties, duties, enforcement, interactions with other statutes, amendment and litigation notes that appear in the text, compliance traps, and practical compliance steps with specific citations to the regulations.
Main concepts
This instrument rests on a small set of recurring technical concepts that determine rights, costs and compliance obligations.
ADQ, the average daily quantity, is a central quantity metric. It is defined in reg 3 as ADQ, the average daily quantity of water, expressed in ML rounded to 3 decimal places, permitted to be taken under a licence. The ADQ is the pricing and fee input in Schedule 1 and Schedule 3 Part 2 formulas (reg 7(1), Schedule 1, and Schedule 3 Part 2).
Regions and spatial delineation. The State is divided into eight regions for fee purposes (reg 7(2)(a)). Region boundaries are indicated on Plan 5278 in the Central Plan Register and illustrated in Schedule 2. Many fee schedules pick region‑specific multipliers and base amounts. Where a licence covers multiple regions, reg 6(4) directs that only one annual field management fee is payable and if allocations are across regions the highest regional fee applicable applies.
Licence classes, endorsements and competency pathways. The regime sets three licence classes: class 1 (single non‑flowing aquifer system), class 2 (multiple non‑flowing aquifer systems) and class 3 (non‑flowing and flowing aquifer systems) (reg 13(2)-(4)). Endorsements specify drilling methods (cable tool, auger, rotary air, rotary mud, non‑drilling rig, sonic) and are prescribed matters for what an endorsement authorises (reg 14). Competency pathways to obtain a licence can be recognition of an Australian well driller’s licence, completion of an “approved course” or national qualifications plus passing NUDLC examinations and specified field experience (regs 15-17). Field experience is specified in months and numbers of supervised wells drilled for each class and transition paths (regs 15-17).
Fee units. Fees and penalties are expressed in fee units throughout (reg 5, reg 6 tables, Schedule 1, Schedule 3, reg 9). The instrument does not itself fix the monetary value of a fee unit, which is typically set elsewhere. Users must convert fee units to currency using the applicable fee unit value for the relevant financial year.
Infringement notices and demerit points. Schedule 4 maps Act offences to specified infringement penalties and allocates demerit points for deemed convictions and court convictions (reg 19, regs 20-21). Demerit points persist for 3 years (reg 22). A licence accrues demerit points and suspension occurs when the prescribed number is reached; the prescribed number is 12 and suspension is for 3 months in the primary case (reg 23). Regulation 23(1)(b) notes suspension period subject to s 136I(4) of the Act.
Record keeping and authorised officer powers. Regulation 30 mandates retention of design and surveillance records for dam works and water taking records for licences and groundwater users, for periods of 5 years, and sets criminal penalties up to 100 penalty units for failure to keep or produce records. Reg 30(3) requires persons to provide copies of records to authorised officers on request.
Rebates and concessions. Regulation 12 provides tiered rebates for small stock and domestic users, including 70% rebate on certain application fees, 100% rebate on annual field management fees, and 50% rebate on administrative fees where ADQ is <= 0.01 ML and allocations are exclusively stock and domestic.
Interaction with standards. Regulation 18 prescribes that well‑drilling activities should, as far as practicable, be carried out in accordance with the “Minimum Construction Requirements for Water Bores in Australia” and includes a departmental note about where that document is available.
These concepts govern the distribution of costs and obligations: ADQ determines per‑licence fees, regional mapping determines fee multipliers, licence class and endorsements determine who may undertake what works and what supervision and competency are required, and Schedule 4 determines enforcement severity and demerit consequences. The regulations use formulaic, tabular and threshold mechanisms to translate measured quantities and classifications into fees, penalties and administrative steps. Where the instrument cross‑references other Acts and external standards it delegates substantive definitions and procedural implementation to those instruments and bodies, for example NUDLC, the National Uniform Drillers Licensing Committee (reg 3), and the Central Plan Register for region maps (reg 7(2)).
Who it affects
The regulations affect a wide set of actors in water management, with burdens and rights allocated to defined categories. Who pays, who decides and who must keep records are explicit in the text.
Licence holders. Licensees under the Water Management Act 1999 are the primary payers of fees. They must pay an annual administrative fee (reg 5), field management fees (regs 6-8, Schedule 1), and potentially aquaculture/hydro fees (reg 9). They must keep records of quantities of water taken for five years (reg 30(2)), and comply with inspection requests from authorised officers (reg 30(3)). Licensees are the subject of infringement notices and demerit allocations under Schedule 4.
Prospective licence applicants and permit holders. Applicants for licences, transfers, variations and permits pay the miscellaneous fees in Schedule 3. Many application processes attract base charges plus time‑based processing fees (Schedule 3 items 2, 3, 7, 9, 20 etc). Those seeking well works permits, division 3 permits or to establish water districts or trusts have specific fees (Schedule 3).
Well drillers and drill operators. Part 4 imposes licensing and competency obligations on persons undertaking well works. The regulations set the classes of licence (reg 13), endorsements and the drilling methods they authorise (reg 14), competency and field experience thresholds (regs 15-17), application and renewal fees (Schedule 3 Part 1 items 17 and 18), and prescribe that activities should comply with national minimum bore construction requirements (reg 18). Offences for undertaking well works without a permit or licence are in Schedule 4 with specified infringement penalties and demerit points.
Owners and occupiers of land taking groundwater without a licence. Owners and occupiers taking groundwater for specified non‑licensable purposes still have obligations. Reg 30(5)-(7) requires them to keep records of quantity taken and well operational status and to provide records to authorised officers on request. These provisions apply to water taken for domestically specified uses (reg 30(8) defines specified purpose).
Corporations and bulk water authorities. Regulation 10 sets an annual fee each financial year payable by a Corporation where a water allocation has been transferred to it that was originally held by a bulk water authority and transferred through a Regional Corporation. The fee formula is volume times 26.38 fee units, limited to a CPI‑indexed prescribed maximum. The definition of bulk water authority and references to the Water and Sewerage Corporation Act 2012 direct the scope of corporate obligations.
Trusts and water entities. Regulation 27 prescribes minimum trust rules for trusts established under the Act, specifying matters of membership, proceedings, powers exercise, dispute resolution, business conduct and the management and execution of documents. Water entities applying to administer water management plans face application fees (Schedule 3 item 2), and ongoing reporting verification fees (Schedule 3 item 3).
Persons conducting dam works or responsible for dams. The regulations impose recordkeeping obligations (reg 30(1)), notification and permit fees (Schedule 3 items 14, 22), and link to many dam safety offences and infringement penalties in Schedule 4 (sections in the 160-165 range). They also set terms for dam‑related offences and inspections.
Regulator and authorised officers. The regulations give authorised officers powers to request documents (reg 30(3)), to permit greater take into storage (reg 4(2)) and to verify compliance. The Minister has duties including requirements to conduct annual administrative reviews under reg 29 and to accept CPI indexing in reg 10.
Distribution of costs and decisions. Fees and penalties are largely borne by licensees, applicants and those undertaking well works or dam works. Regional fee differentiation concentrates higher financial charges on users in certain regions (see Schedule 1). Small stock and domestic users have targeted concessions under reg 12 but must meet the strict ADQ threshold. Corporations that supply customers must account for volumetric fees up to a prescribed maximum (reg 10). The rules allocate administrative discretion primarily to authorised officers (permission to permit greater take, requests for records) and to the Minister for annual reviews, indexing and acceptance of water intended for irrigation in reg 10(2)(a) qualification.
Who decides. The authorising Act and these regulations give decision power to authorised officers and the Minister for certain discretionary steps; the NUDLC is the approval body for courses and examinations referred to in the competency pathways (regs 15-17). The Central Plan Register and Plan 5278 determine fee regions for charging purposes (reg 7(2)).
Key duties and rights
This section summarises explicit statutory duties and rights created or recognised by the regulations and identifies where quantification, thresholds and procedural steps are specified in the text.
Rights and specified entitlements
Domestic and small use entitlements. Under reg 4(1) a person may take water for domestic purposes and specific small agricultural uses up to the quantified caps. These are explicit entitlements without an express licence requirement in this regulation, subject to the Act’s broader framework (reg 4(1)(a)-(i)). Reg 4(2) allows authorised officers to permit taking up to seven times the daily amounts into storage in any period of 7 days.
Fee rebates. Regulation 12 grants entitlement to rebates on certain application fees and annual fees where conditions are met: allocations must be exclusively stock and domestic and ADQ must be ≤ 0.01 ML (reg 12(a)-(c)). Rebates are fixed percentages: 70% rebate on certain application fees, 100% rebate on annual field management fees, and 50% rebate on administrative fees.
Licensing and endorsement rights. Part 4 creates the legal right to hold a well‑driller licence in three classes and to hold endorsements that authorise specified methods (reg 13-14), subject to prescribed competencies and experience pathways (regs 15-17). Regulation 18 enables a regulatory condition that licensees carry out activities in accordance with an identified national construction standard.
Duties and obligations
Fee payment duties. Licensees must pay the administrative fee (reg 5), field management fees appropriate to how and where water is taken (reg 6), the regional and volumetric fees in reg 7 and Schedule 1, aquaculture/hydro fees where applicable (reg 9), and miscellaneous fees in Schedule 3 for applications and processes (reg 11).
Record keeping and provision of information. Regulation 30 imposes multiple record keeping duties: dam works-related documents and surveys (reg 30(1)), records of quantities taken (reg 30(2)), groundwater quantity records by owners/occupiers (reg 30(5)), and operational status and equipment capacity for wells (reg 30(6)). In each case the retention period is generally 5 years and failure attracts penalties (reg 30(1)-(7)). Regulation 30(3) compels provision of records to authorised officers on request.
Licensing competency and supervision duties. Those undertaking well works must ensure the appropriate licence and supervision arrangements exist. Schedule 4 lists offences for undertaking well works without a permit or licence and for contravening licence conditions, with infringement penalties and demerit allocations (see Schedule 4 entries for ss 135, 136A, 136D).
Compliance with standards. Licence holders are required, as a prescribed matter under s 136D(2)(b) of the Act, to carry out well‑drilling activities in accordance with the national minimum bore construction requirements “as far as practicable” (reg 18). The regulation makes the standard a prescribed condition amenable to enforcement.
Responding to authorised officers and Ministerial notices. Persons must comply with authorised officer directions to produce records (reg 30(3)) and a range of other Ministerial notices and directions related to dams and safety are linked into Schedule 4 offences (many sections referenced in Schedule 4).
Procedural and timing duties
Suspension and demerit mechanics. Demerit points are allocated on deemed conviction or court conviction per Schedule 4; they last 3 years (reg 22); a licence is suspended for 3 months on reaching the prescribed 12 points (reg 23). Regulation 24 provides special timing rules for licences that only permit water taking in limited periods, carrying forward suspensions to the next allowable period.
Fee calculations and regional determinations. Users must determine applicable fees by reference to ADQ, the region in which water is taken, and the tables in Schedule 1 or Schedule 3 Part 2. For licences with multiple allocations, reg 8 prescribes how fees aggregate or are capped (lesser of total or aggregated fee), and how combinations of dam-based and other allocation types are combined (reg 8(2)-(3)).
Application processes. Schedule 3 sets base fees and time‑based processing charges for applications, including initial application fees, additional processing charges per hour after a threshold, and separate notice fees where statutory notices are required (see Schedule 3 items 7, 9, 20). Applicants therefore have procedural obligations to budget for these incremental time charges.
The instrument therefore creates a structured set of payable obligations, prescriptive competence and recordkeeping duties, and enforcement triggers. All duties are expressed in specific regulations and in the tables and are enforceable by the Act’s offence provisions as reflected in Schedule 4.
Penalties and enforcement
The regulations set an array of enforcement tools, infringement penalties, demerit point allocations, suspension and cancellation mechanisms, and recordkeeping penalties. They implement the Act’s enforcement architecture with numerical thresholds and escalation rules.
Infringement notice penalties and maximum penalties
Schedule 4 maps many offences in the Act to specified infringement notice penalties in column 4 and to maximum penalties under the Act in column 3. For example, taking water without a licence (s 54(1)) carries a maximum penalty of 500 penalty units and daily penalty of 50 units under the Act but an infringement penalty of 2.5 penalty units for a first infringement (Schedule 4). Similar disparities appear across many offences, reflecting the Act’s default maxima versus lower fixed infringement charges.
Certain offences carry higher infringement amounts for repeat offending within time windows. Schedule 4 specifies escalating amounts for second and third offences within 12 or 24 months for offences like taking water without a licence (s 54(1)), breaching licence (s 82(2)), contravening water restriction notices (s 92(4)), and well works offences (s 135). The table sets both the infringement penalty and, for some items, a daily penalty.
Demerit points, suspension and cancellation
Demerit allocation. Regulation 20 ties demerit point allocation for deemed convictions to the Schedule 4 table column 5. Regulation 21 requires courts to allocate the number of demerit points specified in Schedule 4 unless mitigating circumstances justify fewer points or the court cancels or suspends the licence under s 106(1) of the Act.
Demerit duration and thresholds. Demerit points remain in force for 3 years (reg 22). Regulation 23 prescribes that the number of demerit points required to trigger suspension is 12 and that suspension is normally for 3 months commencing on the date of conviction for the last of the relevant offences or the date of acceptance of the infringement notice (reg 23(1)). The suspension period cancels the underlying demerit points but does not affect demerit points allocated for offences committed during the period of suspension (reg 23(3)).
Cancellation. Regulation 25 sets a practical cancellation rule: where a licence has been suspended under reg 23 and within 3 years after completion of that suspension the licence would again be suspended under the cited provisions, the licence is taken to be cancelled, subject to an exception for absolute transfers occurring since the prior suspension (reg 25(1)-(2)).
Recordkeeping and production offences
Regulation 30 prescribes multiple offences with penalties. Failure to keep dam works records attracts a fine of up to 100 penalty units (reg 30(1)). Failure to keep licence water‑take records up to 5 years is similarly a fine not exceeding 100 penalty units (reg 30(2)). There are tiered infringement amounts for failing to produce records to an authorised officer set out in reg 30(4), with worsening amounts for repeated offences within 12 and 24 month windows. For owners or occupiers taking groundwater for non‑specified purposes, penalties are lower (25 penalty units) but records must still be retained and provided on request (reg 30(5)-(7)).
Enforcement actors and discretion
Authorised officers. The regulations create duties of production and grant powers to authorised officers to request records (reg 30(3)). An authorised officer may also permit a person to take a greater amount into storage under reg 4(2). The instrument leaves certain discretionary decisions to authorised officers and the Minister, for example acceptance of water use intended for irrigation as exempt under reg 10(2)(a) for fee calculations.
Courts and administrative processes. Courts retain the power to allocate demerit points under reg 21 and to consider mitigating circumstances. The Monetary Penalties Enforcement Act 2005 is referenced in the definition of deemed conviction used in reg 20, linking administrative enforcement mechanisms to the monetary penalties framework (reg 20(2) note).
Escalation mechanics and timing rules
Repeat offence escalation is built into Schedule 4 for a suite of offences, often with specified time windows (12 months, 24 months, 5 years) that determine whether higher infringement amounts or doubling occurs (Schedule 4 columns for repeat offences).
Suspension timing for licences with seasonal permission. Regulation 24 modifies suspension timing when a licence only permits taking during certain periods, providing that the suspension commences when the licence next permits taking, and allowing carry‑forward of incomplete suspension periods (reg 24(2)-(3)). This changes the effective enforcement window for seasonal licences.
Administrative review and verification
Regulation 29 requires the Minister to conduct an annual administrative review of the operation of processes used to determine Division 3 permit applications under Part 8 of the Act, addressing simplicity, cost‑effectiveness and timeliness (reg 29(1)-(4)). Schedule 3 item 31 prescribes fees for verification of compliance, specifying 65 fee units per hour for verification work (Schedule 3 Part 1 item 31).
The enforcement design combines monetary penalties, a graded infringement notice regime with repeat offender escalation, a demerit point system that feeds into suspension and cancellation rules, and mandatory recordkeeping backed by criminal penalties. Operational discretion rests primarily with authorised officers and the Minister, with courts retaining residual mitigation roles. The precise mapping of offences, penalty amounts, demerit points and time windows is detailed in Schedule 4 and reg 23-26.
How it interacts with other laws
The regulations are embedded in a network of cross‑references to the Water Management Act 1999 and several other statutes and administrative instruments. The text expressly delegates and ties many operational definitions and processes to external laws and bodies.
Direct cross‑references and delegations
Water Management Act 1999. The regulations are subordinate to the Act, repeatedly referencing specific Act sections for context and authority. For instance, rights to take water in reg 4 are stated “for section 48(5) of the Act” and well‑driller licensing provisions are given effect as prescribed matters under sections of the Act (regs 13-18 reference ss 136, 136C, 136D, etc). Enforcement references (Schedule 4) map particular Act offences to infringement penalties.
Monetary Penalties Enforcement Act 2005. Regulation 20(2) defines “deemed conviction” by reference to section 20 of the Monetary Penalties Enforcement Act 2005, thereby bringing the Act’s administrative collection and deemed conviction procedures into play for enforcement and demerit allocation.
Water and Sewerage Corporation Act 2012. Regulation 10 uses definitions from the Water and Sewerage Corporation Act 2012 to define “Corporation” and “Regional Corporation” in the context of fees payable by Corporations supplied with water allocations transferred from bulk water authorities.
Mineral Resources Development Act 1995. Regulation 30(8)(j) includes groundwater taken “for drilling under section 168 of the Mineral Resources Development Act 1995” as a specified purpose exempt from certain owner/occupier recordkeeping obligations, thereby integrating mineral drilling exemptions.
Nature Conservation Act 2002 and Conveyancing and Law of Property Act 1884. Regulation 28 prescribes offsets, including covenants and conservation covenants, and refers to the Nature Conservation Act 2002 Part 5 and Conveyancing and Law of Property Act 1884 for the form and registration of covenants.
Administrative instruments and standards
Central Plan Register and Plan 5278. Regulation 7(2) divides the State into 8 regions for fee purposes by reference to Plan 5278 in the Central Plan Register. Fees in Schedule 1 and Schedule 3 Part 2 must be applied using those plans.
National documents and committees. The definition of “approved course” (reg 3) and references to the National Uniform Drillers Licensing Committee (NUDLC) mean that recognised national training and examinations determine competency recognition. Regulation 18 references the “Minimum Construction Requirements for Water Bores in Australia”, a national standard prepared by the National Minimum Bore Specifications Committee, and directs licence conditions to be consistent with that document “as far as practicable.”
Indexing and CPI. Regulation 10(2)(b) prescribes CPI indexing of the prescribed maximum payable by Corporations using the Consumer Price Index All Groups for Hobart published by the Australian Statistician, linking fee caps to a Commonwealth statistical measure.
Operational and enforcement links
The regulations make enforcement actions under the Act subject to the Monetary Penalties Enforcement Act procedures for deemed convictions (reg 20). This creates an administrative pathway for enforcement and collection.
The regulations preserve the Act’s licensing, transfer and permit architecture but fill in fee amounts, competence standards and procedural rules, which means that any legal challenge or interpretation issue is likely to require reading the Act and these regulations together.
Rescission and legislative history. The instrument contains a note that Regulation 31 was rescinded by S.R. 2020 No. 38 applied 10 June 2020, indicating the regulations have been amended and that secondary instruments have modified the regime post‑promulgation.
Practical effect of interactions
Entities must consult the Act for substantive powers and the regulations for operational detail. Competency recognition and course approvals depend on the NUDLC and national qualifications; region definitions depend on the Central Plan Register; CPI indexing uses Commonwealth CPI Hobart figures; and covenants and offsets involve property and conservation statutes. These cross‑references increase reliance on external administrative registers, national committees and other Acts for full compliance and fee calculation.
Where the regulations reference external documents or bodies, the obligations become dependent on standards that may change outside the regulations themselves; for example, the “Minimum Construction Requirements” is “as in force for the time being” (reg 18), making compliance contingent on the current version of that document as published by the Department.
Overall, compliance and interpretation require practitioners to work across multiple legal instruments and administrative sources in addition to the regulations themselves.
Amendment history
The regulation text itself contains limited explicit amendment history entries. From the material provided we can extract the following documentary points.
Commencement and notification. The regulations were notified in the Gazette on 26 June 2019 and commence operation on 1 July 2019 (reg 2; Gazette note).
Rescission of reg 31. Regulation 31 is explicitly marked as rescinded: “[Regulation 31 Rescinded by S.R. 2020, No. 38, Applied:10 Jun 2020]” (note under reg 31). This indicates a subsequent subordinate instrument (S.R. 2020 No. 38) amended these regulations by removing reg 31 effective 10 June 2020. The text does not reproduce S.R. 2020 No. 38, but the citation is recorded in the instrument.
Indexing and future variation. Regulation 10(2)(b) establishes a CPI indexing method for the prescribed maximum for water authority fees, specifying a formula for the 2019-2020 year and for “subsequent financial years,” each indexed in accordance with the average CPI figure for Hobart for the four quarters ending on 31 December of the relevant calendar year. This provision creates a built‑in indexing pathway for that prescribed maximum without further legislative amendment.
Dynamic references to external documents. The regulations reference external documents and committees whose outputs may change over time, for example the “Minimum Construction Requirements for Water Bores in Australia” (reg 18), NUDLC approvals and the Central Plan Register. Because the regulations refer to these “as in force for the time being” or to plans in the Central Plan Register, updates to those instruments or registers will alter operational expectations without direct amendment to these regulations.
Fee units and fee schedules. Large parts of the schedule and fee structure are expressed in fee units rather than fixed monetary amounts. Fee unit values are typically determined annually by executive or parliamentary instruments elsewhere. Consequently, the practical monetary amounts payable under these regulations will change with changes to the fee unit value without amendment to the regulations themselves.
No further amendment chronology supplied. The reproduction of the regulations in the text does not include a comprehensive table of amendments beyond the specific rescission of reg 31. The instrument therefore signals the existence of at least one amending instrument S.R. 2020 No. 38; practitioners must consult the statutory instrument register or Tasmanian legislation database for a full amendment history and to ensure they rely on the current consolidated text.
For a full legal history and consolidated current text, users should consult the official legislative database and the Central Plan Register referenced in reg 7(2). The regulations’ internal notes make clear that subsequent subordinate instruments have been used to alter parts of the instrument and that some economic variables are indexed administratively rather than via legislative amendment.
Litigation history
The provided instrument does not record any judicial decisions, reported challenges, or litigation history. The regulations themselves list statutory references and administrative notes, but they do not include or cite case law, judicial interpretation, or tribunal determinations.
Practitioners should note the following as background when considering litigation risk even though the instrument contains no cases:
Deemed convictions and the Monetary Penalties Enforcement Act 2005. Regulation 20(2) references the Monetary Penalties Enforcement Act 2005 for the meaning of “deemed conviction.” That Act has its own administrative enforcement and appeal pathways which may generate litigation or review in tribunals or courts, depending on contested enforcement actions. Any challenge to a deemed conviction procedure would likely involve that Act as well as the Water Management Act and these regulations.
Administrative discretion and standard references. Regulation 18’s prescription that drilling activities should be carried out “as far as practicable” in accordance with the national construction requirements may generate interpretive questions, particularly where the standard is updated or where compliance is disputed. Such issues typically arise in judicial review or administrative appeals rather than under the regulation’s text alone.
Absence of recorded cases in text. Because Schedule 4 and other enforcement mappings create specific financial penalties, disputes over the correct application of a penalty, the classification of an activity or the allocation of demerit points could give rise to litigation. The instrument itself, however, supplies no litigation or appellate history.
If litigation history is required for advisory work, searchers should query Tasmanian jurisdictional databases, tribunal decisions and court registries for decisions involving the Water Management Act 1999 and specifically references to these regulations, the Monetary Penalties Enforcement Act 2005, NUDLC approvals or disputes about Plan 5278 region delineations. The instrument’s cross‑references to other statutes mean that relevant litigation could be conducted under administrative law, statutory interpretation, regulatory enforcement or property law headings.
Gotchas
The regulations contain several details and edges that commonly trip up practitioners and operators. The following are concrete operational “gotchas” grounded in the text.
ADQ rounding and thresholds. ADQ is rounded to 3 decimal places (reg 3). Fee formulas and rebate eligibility use ADQ thresholds (for example the rebate threshold ADQ ≤ 0.01 ML in reg 12). Small rounding differences may change whether a licence qualifies for rebates or falls into a particular fee band under Schedule 1, so practitioners should calculate ADQ with the prescribed rounding rule before applying fee tables.
Fee region determination depends on Plan 5278. The region in which the licence’s location is identified on the licence determines which regional fee table applies (reg 6(5), reg 7(2)). Where a licence has multiple allocations in different regions, reg 6(4) requires payment of the highest fee for any region covered. Errors in identifying the correct region in the Central Plan Register or on the licence can misapply significant fee differentials.
Multiple allocations fee aggregation quirks. Reg 8(1) provides two alternative fee calculations for licences with multiple allocations: the lesser of the sum of fees for each allocation or the fee applicable to the total amount as a single allocation. Reg 8(2) provides a special rule combining reg 6(2) and reg 7 allocations by making the annual field management fee one‑half of the amount payable under reg 6(2) together with the reg 7 amount. These formulaic combinations can produce non‑intuitive outcomes for mixed allocation licences; run both calculations and check reg 8(2) special cases.
Rebates strictly limited to non‑commercial stock and domestic and very small ADQ. Regulation 12 rebates only apply when allocations are “exclusively for stock and domestic (but not commercial) use” and ADQ ≤ 0.01 ML. If a licensee’s allocations include any commercial use or ADQ is marginally above 0.01 ML, the rebate is not available. The regulation does not provide a pro‑rata rebate; the conditions must be satisfied when the fee is paid.
Fee units vs currency. Fees are expressed in fee units throughout. The actual monetary amount payable depends on the fee unit value for the relevant period. Failing to convert fee units using the correct fee unit schedule can underbudget fees. Two further practical traps: some fees are fixed flat fee unit amounts and others combine fee unit totals plus per‑hour processing fees (Schedule 3), so applicants may receive unexpectedly large invoices for time charges.
Repeat infringement escalation windows. Schedule 4 often increases infringement amounts for second and third offences committed within 12 or 24 months. This escalating structure means that repeat minor infringements within short windows can quickly increase liability. Recordkeeping around acceptance of infringement notices and the dates of previous offences is therefore essential.
Demerit points remain with the licence on transfer. Regulation 26 makes clear that a transfer of a licence does not affect allocation of demerit points or their time in force. Parties to transfers must perform due diligence to identify outstanding demerit points that could lead to suspension or cancellation after transfer.
Suspension timing and seasonal licences. For licences limited to particular periods reg 24 shifts the commencement of suspension until the first day the licence again permits taking water and carries forward incomplete suspension periods. Operators with seasonal licences may find suspension starts months after conviction, which affects operational planning and potential overlaps with peak seasons.
“As far as practicable” licence condition. Regulation 18 prescribes that well drilling should be carried out in accordance with the national minimum construction requirements “as far as practicable.” The qualifier introduces potential uncertainty in enforcement and compliance assessment, especially where field conditions or historical infrastructure make strict adherence difficult. Keep documentary records of reasons for any departure.
Records retention is broad and penalised. Regulation 30 requires retention for five years of a broad set of documents for dam works, records of water taken under licence and specific well operational records for owners or occupiers. Failure to keep or produce attracts significant penalties up to 100 penalty units for certain offences and smaller but escalating infringement amounts. Electronic records are explicitly included as documents (reg 30(1)(d)), so digital retention protocols must meet the five‑year standard.
Interaction with other statutes and standards. Several compliance obligations depend on external instruments: the Central Plan Register (regions), NUDLC approved courses and examinations (licencing pathways), the Minimum Construction Requirements (drilling standards), and CPI Hobart figures (indexing in reg 10). Failure to monitor changes to these external instruments can result in inadvertent non‑compliance.
Being alert to these operational edges and implementing structured processes to compute ADQ precisely, confirm region classification, track infringement histories, convert fee units, maintain five‑year document retention and record decisions when departing from national standards will reduce compliance surprises.
How to comply
This section sets out practical, text‑grounded steps and checks to satisfy the regulatory obligations created by the instrument, with precise regulatory references for practitioners building compliance programs.
Determine licence status, ADQ and locations
Confirm the licence category and the water allocations recorded on the licence and calculate ADQ to three decimal places as defined in reg 3. Use the licence documentation to identify the location(s) for taking water because reg 6(5) and reg 7(1) tie fees to the location identified on the licence.
Check whether allocations are exclusively for stock and domestic use so as to potentially qualify for rebates under reg 12, and confirm ADQ ≤ 0.01 ML where applicable.
Map regions correctly
Use Plan 5278 in the Central Plan Register (reg 7(2)(a) and Schedule 2) to determine the region applicable to each licence location. If a licence covers multiple regions, note reg 6(4) instructs payment of only one annual field management fee and that the highest regional fee applies.
Calculate fees precisely
For annual fees: apply the administrative fee in reg 5, then the appropriate field management fee per reg 6 or reg 7 and Schedule 1 tiers using the ADQ and the region. For mixed allocations, run the reg 8 alternatives to determine the lesser of the sum of allocation fees or the single allocation equivalent and apply the special rules in reg 8(2) and (3) for mixed dam/other allocation cases.
Where corporate allocations have been transferred to Corporations from bulk water authorities, apply reg 10 formula subject to the prescribed maximum and CPI indexing rules in reg 10(2)(b).
Convert fee unit totals into currency using the current fee unit monetary value applicable in the jurisdiction for the relevant financial year.
Claim rebates only when conditions are satisfied
To claim rebates under reg 12, maintain documentary evidence proving allocations are exclusively for non‑commercial stock and domestic use and that ADQ ≤ 0.01 ML when paying the fees. Rebate conditions are conjunctive and strictly applied.
Licensing and well driller competency
For well drilling operations, ensure persons hold the appropriate class and endorsements as prescribed in regs 13-14. Verify competency by one of the pathways set out in regs 15-17: recognition of an Australian well driller’s licence, completing approved courses and NUDLC exams, and the specified field experience (for example, basic, intermediate or extended field experience definitions in regs 15-17).
Keep records substantiating field experience counts and supervisory arrangements because Schedule 4 imposes offences and penalties for undertaking well works without a licence or in contravention of a licence (see Schedule 4 entries for ss 135, 136A, 136D).
Follow standards and document departures
Adopt the “Minimum Construction Requirements for Water Bores in Australia” as the baseline for well works and document any practical reasons for departure, given reg 18’s phrasing “as far as practicable.” Record technical justifications, site conditions and any approvals for deviation.
Maintain prescribed records for 5 years
For dam works, maintain surveys, design plans, reports and relevant documents for five years after completion (reg 30(1)). For licences, retain quantity records for five years after taking water (reg 30(2)), and owners/occupiers taking groundwater must keep quantity and well operation records for five years (reg 30(5)-(6)). Ensure electronic records are stored securely and are accessible, as reg 30(1)(d) expressly includes electronic documents.
Implement procedures for rapid production of records in response to authorised officer requests (reg 30(3)), noting penalty exposure for failure to produce (reg 30(3)-(4)).
Track enforcement exposure and demerit points
Maintain an internal register of any infringements accepted or convictions and their dates to track demerit point accrual and duration (reg 20-22). Because demerit points remain for 3 years (reg 22) and a total of 12 points leads to a 3 month suspension (reg 23), perform pre‑transfer diligence since reg 26 preserves demerit point allocations on licence transfers.
Manage applications and processing cost risk
Where applications attract time‑based processing fees under Schedule 3 (for example Schedule 3 items 7, 9, 20), budget for the per‑hour charges after the free hours threshold. Track correspondence and time consumed to dispute or verify billed processing hours where appropriate.
For Corporations and bulk water arrangements, monitor volumes and indexing
Corporations must apply reg 10 volume measures and be aware of the prescribed maximum which is CPI indexed under reg 10(2)(b). Record volumes taken for supply to customers excluding irrigation where the Minister may accept intended use for the purposes of calculating fees (reg 10(2)(a)).
Keep administrative review and verification requirements in mind
Departmental and Ministerial reviews required by reg 29 may ask for performance information about permit application processing. Prepare internal metrics on simplicity, timeliness and cost‑effectiveness of administrative processes to respond to such reviews.
Be ready for verification inspections billed under Schedule 3 item 31, which sets 65 fee units per hour for verification work.
Implement an offence prevention and response plan
Because Schedule 4 prescribes differential infringement amounts and escalation for repeat offences, craft a compliance programme that focuses on the offences with higher infringement or demerit exposure such as unauthorised well works, contravening licence conditions, and dam works breaches. Maintain incident logs and corrective action records to present mitigation if a court is allocative of demerit points (reg 21 allows courts to allocate fewer points in view of mitigating circumstances).
Maintain cross‑instrument awareness
Regularly check the Central Plan Register for region changes, NUDLC for course approvals and the Department website for updates to the “Minimum Construction Requirements.” Factor annual changes to the fee unit value and CPI Hobart figures into budget planning.
Following these steps, grounded on the specific regulatory citations above, will address the majority of obligations created by the regulations. For complex or contested matters,particularly demerit point allocation disputes, licence transfer due diligence or significant dam works,seek specialist regulatory advice early and retain documentary evidence of compliance, supervisory arrangements and operational reasons for any deviations from the stated standards.
employee includes a person engaged under a contract for services;
field management fee means a fee payable under –
(a) regulation 6 or 7 ; or
(b) section 123E(1)(b) of the Act;
national qualifications means –
(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
(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;
NUDLC means the National Uniform Drillers Licensing Committee;
quarter means a period of 3 months commencing on the first day of January, April, July or October in any year;
region means a region referred to in regulation 7(2)(a) .
Part 2 Rights to Take Water
Part 2 Rights to Take Water
4 Rights to take water
4 Rights to take water
(1) For section 48(5) of the Act, the amount of water that can be taken by a person under section 48(2) and section 48(4A) of the Act is –
(a) for a domestic purpose –
(i) a maximum of 440L per day for each dwelling on the relevant land; or
(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
(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
(c) for watering cattle, a maximum of 90L per day for each head; or
(d) for watering horses, a maximum of 45L per day for each head; or
(e) for watering sheep, a maximum of 8.5L per day for each head; or
(f) for watering goats, a maximum of 8.5L per day for each head; or
(g) for watering pigs, a maximum of 20L per day for each head; or
(h) for watering chickens, a maximum of 3L per day for each 10 head; or
(i) for watering turkeys, 5.5L per day for each 10 head.
(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) in any period of 7 days.
Part 3 Water licence fees
Part 3 Water licence fees
5 Administrative fees
5 Administrative fees
A licensee is to pay an annual administrative fee of 71.1 fee units.
6 Field management fees
6 Field management fees
(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 –
(a) into a dam constructed in or on a watercourse; and
(b) between 1 May and 30 November in any year (inclusive of both of those days).
(2) Where –
(a) water is taken into a dam constructed in or on a watercourse; or
(b) there is more than one water allocation of a licence authorising the taking of water during the period referred to in subregulation (1) and at least one of the allocations is taken into a dam constructed in or on a watercourse –
the licensee is to pay an annual field management fee in accordance with the following table:
(3) Where water is, in any case other than the case referred to in subregulation (2) , taken during the period referred to in subregulation (1) , the licensee is to pay an annual field management fee in accordance with the following table:
(4) Where there is more than one water allocation of a licence authorising the taking of water as mentioned in subregulation (1) , 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.
(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.
7 Other field management fees
7 Other field management fees
(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 for the region in which is situated the location, for the taking of water, that is identified on the licence.
(2) For the purposes of these regulations –
(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 ; and
(b) each region is more particularly delineated on several plans in the Central Plan Register as is indicated for the regions on Plan 5278.
(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.
8 Multiple water allocations fees
8 Multiple water allocations fees
(1) If a licence has more than one water allocation, the fee payable under regulation 7 is whichever amount is the lesser of the following:
(a) the total of the annual field management fees payable for each allocation;
(b) the fee applicable to the total amount of water as if it were all a single allocation.
(2) If a licence has a water allocation as mentioned in regulation 6(2) and a water allocation as mentioned in regulation 7 , the annual field management fee is one-half of the amount payable under regulation 6(2) together with the amount payable under regulation 7 .
(3) If a licence has a water allocation authorising the taking of water –
(a) only during the period between 1 May and 30 November in any year (inclusive of both of those days); and
(b) except as mentioned in this Part –
the annual field management fee is the total amount payable under regulations 6(2) and 7 .
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 –
(a) for aquaculture; or
(b) for hydro-electricity generation; or
(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.
10 Water authorities fees
10 Water authorities fees
(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.
(2) The amount of the fee is the lesser of the following amounts:
(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);
(b) the prescribed maximum.
(3) In this regulation –
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);
Corporation has the same meaning as in the Water and Sewerage Corporation Act 2012 ;
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;
prescribed maximum means –
(a) for the financial year ending on 30 June 2019 – $2 672 200.00; and
(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
(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;
Regional Corporation has the same meaning as in the Water and Sewerage Corporation Act 2012 .
11 Miscellaneous fees
11 Miscellaneous fees
The fees specified in Schedule 3 are prescribed as the fees payable in respect of the miscellaneous matters to which they respectively relate.
12 Fee rebates
12 Fee rebates
A licensee is entitled to the following fee rebates:
(a) on an application fee under section 62 or 70 of the Act, a 70% rebate if, when the fee is paid –
(i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and
(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;
(b) on an annual field management fee under regulation 6 or 7 , a 100% rebate if, when the fee is paid –
(i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and
(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;
(c) on an administrative fee under regulation 5 , a 50% rebate if, when the fee is paid –
(i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and
(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.
Part 4 Well Drillers' Licences
Part 4 Well Drillers' Licences
13 Licence classes
13 Licence classes
(1) For the definition of class in section 136 of the Act, the following classes are prescribed:
(a) class 1 licence;
(b) class 2 licence;
(c) class 3 licence.
(2) A class 1 licence authorises its holder to carry out drilling activities in single non-flowing aquifer systems.
(3) A class 2 licence authorises its holder to carry out drilling activities in multiple non-flowing aquifer systems.
(4) A class 3 licence authorises its holder to carry out drilling activities in non-flowing and flowing aquifer systems.
14 Licence endorsements
14 Licence endorsements
(1) For the definition of endorsement in section 136 of the Act, the following endorsements are prescribed:
(a) cable tool endorsement;
(b) auger endorsement;
(c) rotary air endorsement;
(d) rotary mud endorsement;
(e) non-drilling rig endorsement;
(f) sonic endorsement.
(2) A cable tool endorsement authorises cable tool or cable percussion-drilling methods.
(3) An auger endorsement authorises bucket auger, hollow-stem auger or solid-stem auger drilling methods.
(4) A rotary air endorsement authorises rotary drilling methods with air as the drilling fluid.
(5) A rotary mud endorsement authorises rotary drilling methods with water as either the drilling fluid or as the base for the drilling fluid.
(6) A non-drilling rig endorsement authorises non-drilling rig methods, including –
(a) spear point construction; and
(b) hand digging, or the use of excavators or back-hoes, for the construction of wells, excavations and galleries.
(7) A sonic endorsement authorises sonic drilling methods with an abrasive slurry that is made to vibrate at sonic frequencies.
15 Class 1 licence competencies
15 Class 1 licence competencies
(1) For section 136C(2)(d) of the Act, the prescribed competencies for a class 1 licence are –
(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
(b) the successful completion of an approved course, or of nat
This is an opening excerpt, not the complete document.
