This order declares that certain well works do not require a well works permit under the Water Management Act 1999. It exempts activities such as groundwater sampling and monitoring, limited maintenance subject to technical limits, urgent works to prevent pollution or water wastage, and emergency works to prevent death, injury or property harm (s4).

It affects landowners, contractors and consultants who will decide whether the exemption applies instead of applying for a permit, and it revokes an earlier exemption order (s5).

1 Short title

This order may be cited as the Water Management (Well Works Permit Exemption) Order (No. 2) 2009 .

2 Commencement

This order takes effect on 1 September 2009.

3 Interpretation

(1) In this order –

Act means the Water Management Act 1999 .

(2) The Acts Interpretation Act 1931 applies to the interpretation of this order as if it were regulations within the meaning of that Act.

4 Exemption

It is declared that a well works permit is not required for the following classes of well works:

(a) well works carried out (and the well subsequently used solely) for the purposes of –

(i) groundwater sampling and monitoring (including collection of data for geotechnical, engineering or environmental purposes); or

(ii) investigating potential or actual groundwater contamination;

(b) well works carried out solely for maintenance purposes and not involving –

(i) the repositioning of the casing, lining or screen of the well; or

(ii) a major modification of the casing, lining or screen of the well; or

(iii) the replacement of the casing, lining or screen of the well with a casing, lining or screen of entirely different design or specifications; or

(iv) the deepening of the well by more than 1.5 metres;

(c) well works that reasonably need to be undertaken urgently (in circumstances where it is not feasible to apply for a permit under section 135A of the Act) to –

(i) prevent the pollution or deterioration of groundwater; or

(ii) prevent water wastage;

(d) well works undertaken in good faith in an emergency (in circumstances where it is not feasible to apply for a permit under section 135A of the Act) to –

(i) prevent the death or injury of any person or animal; or

(ii) safeguard property.

5 Legislation revoked

The legislation specified in Schedule 1 is revoked.

SCHEDULE 1 - Legislation revok SCHEDULE 1 - Legislation revoked

Clause 5

| Water Management (Well Works Permit Exemption) Order 2009 (No. 8 of 2009) |

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 8 July 2009

This order is administered in the Department of Primary Industries, Parks, Water and Environment.