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TASMANIA
__________
DAM WORKS LEGISLATION (MISCELLANEOUS
AMENDMENTS) BILL 2007
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 WATER MANAGEMENT ACT 1999 AMENDED
3. Principal Act
4. Section 10 amended (Delegation)
5. Part 14A inserted
PART 14A Water supply emergencies
280A. Interpretation
280B. Declaration of water supply emergency
280C. Duration of water supply emergency
280D. Ministerial directions to deal with water supply
emergency
280E. Special powers
280F. Compensation
PART 3 WATER MANAGEMENT ACT 1999 AMENDED
6. Principal Act
7. Section 3 amended (Interpretation)
8. Section 6 amended (Objectives of Act)
9. Section 58 amended (Restriction on use of allocation)
10. Section 63 amended (Approval of application)
[Bill 6]-III
11. Section 69 amended (Variation of licences)
12. Section 73 amended (Approval of application to vary licence)
13. Section 84 amended (Allocation of water)
14. Section 125 amended (Work relating to wells)
15. Section 137 amended (Application of this Part)
16. Section 138 amended (Assessment Committee for Dam
Construction)
17. Section 139 amended (Members of Assessment Committee)
18. Section 143A substituted
143A. Assessment Committee must have regard to certain
objectives and standards
19. Section 144 amended (Delegation of grant of permit)
20. Section 146 amended (Permit to undertake dam works)
21. Section 146A inserted
146A. General compliance with permits
22. Section 147 amended (Minister may require action to be taken)
23. Section 148 amended (Application by person other than owner)
24. Section 149 amended (Notice of application for permit)
25. Section 152 amended (Referral to Director)
26. Section 154 amended (Requirement for additional information)
27. Section 155 amended (Information to be provided)
28. Section 155A inserted
155A. Supplementary information
29. Section 157 amended (Granting of permit)
30. Section 159 amended (Time when permit takes effect)
31. Section 160 amended (Notification of decision)
32. Section 162 amended (Amendments of permits)
33. Section 165P amended (Notices to ensure safety of dams in case
of imminent danger, &c.)
34. Section 185 substituted
185. Requirements for permits
35. Section 276 amended (Appeal to Appeal Tribunal)
36. Section 278 amended (Form of appeal to Appeal Tribunal)
2
37. Section 279 amended (Determination of appeal)
38. Section 301 substituted
301. Works codes
39. Section 304A amended (Regulations relating to safety of dams
and dam works)
40. Schedule 2 amended (Constitution and procedure of the
Assessment Committee for Dam Construction)
PART 4 INLAND FISHERIES ACT 1995 AMENDED
41. Principal Act
42. Section 139 amended (Free passage of fish)
43. Section 164 amended (Non-application of Division)
PART 5 THREATENED SPECIES PROTECTION ACT 1995
AMENDED
44. Principal Act
45. Section 51 amended (Offences relating to listed taxa)
PART 6 TRANSITIONAL PROVISION
46. Processing of existing applications
3
4
DAM WORKS LEGISLATION (MISCELLANEOUS
AMENDMENTS) BILL 2007
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Water Management Act 1999, the
Inland Fisheries Act 1995 and the Threatened Species
Protection Act 1995
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Dam Works
Legislation (Miscellaneous Amendments) Act
2007.
2. Commencement
(1) Except as provided in this section, this Act
commences on the day on which this Act
receives the Royal Assent.
(2) Parts 3, 4, 5 and 6 commence on a day to be
proclaimed.
[Bill 6] 5
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Act No. of
s. 3 Part 2 Water Management Act 1999 Amended
PART 2 WATER MANAGEMENT ACT 1999
AMENDED
3. Principal Act
In this Part, the Water Management Act 1999* is
referred to as the Principal Act.
4. Section 10 amended (Delegation)
Section 10(5) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d)
"section 139." and substituting
"section 139; or";
(b) by inserting the following paragraph after
paragraph (d):
(e) any power under Part 14A.
5. Part 14A inserted
After section 280 of the Principal Act, the
following Part is inserted:
*No. 45 of 1999
6
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 2 Water Management Act 1999 Amended s. 5
PART 14A WATER SUPPLY EMERGENCIES
280A. Interpretation
In this Part
"authorised person" means a person,
or a member of a class of persons,
authorised under section 280E(1);
"water supply needs" means water
supply needs for
(a) domestic water; or
(b) town water; or
(c) stock water; or
(d) firefighting; or
(e) industrial and commercial
activity; or
(f) hydro-electric power
generation;
"WSE direction" means a Ministerial
direction given under
section 280D(1).
280B. Declaration of water supply emergency
(1) The Minister may declare a water supply
emergency if
7
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s. 5 Part 2 Water Management Act 1999 Amended
(a) the State's present water supply
needs cannot be met, either
generally or in respect of
particular persons, activities or
localities; or
(b) there is a serious risk that the
State's immediately foreseeable
water supply needs will be unable
to be met, either generally or in
respect of particular persons,
activities or localities.
(2) The declaration may be made by any
means the Minister considers
appropriate.
(3) The declaration is to specify
(a) the nature of the water supply
emergency; and
(b) the period for which the water
supply emergency will be in
effect; and
(c) the persons, activities or localities
to which the declaration relates;
and
(d) such other matters as the Minister
considers necessary or expedient.
8
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 2 Water Management Act 1999 Amended s. 5
280C. Duration of water supply emergency
A water supply emergency comes into
effect on the day on which it is declared
and continues in effect for
(a) the period specified in the
declaration; or
(b) such longer period as the
Minister, by instrument made
during the period specified in the
declaration, determines.
280D. Ministerial directions to deal with water
supply emergency
(1) During a water supply emergency, the
Minister may give such directions
("WSE directions") to such persons as
the Minister considers necessary or
expedient to deal with that emergency.
(2) Without limiting the generality of
subsection (1), the Minister may give one
or more of the following WSE directions:
(a) a direction preventing the taking
of water by a person otherwise
authorised to do so;
(b) a direction permitting the taking
of water by a person not
otherwise authorised to do so;
9
Dam Works Legislation (Miscellaneous Amendments) Act 2007
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s. 5 Part 2 Water Management Act 1999 Amended
(c) if practicable, a direction for a
person to release into a
watercourse water that has been
taken in accordance with an
authority under this Act;
(d) a direction for a person to operate
infrastructure so as to release or
transfer water.
(3) A WSE direction may be inconsistent
with a water management plan.
(4) A person who is given a WSE direction
may, without any further authority than
this provision, comply with the direction.
(5) A person must not contravene a WSE
direction.
Penalty: Fine not exceeding 500 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 10 penalty units for
each day during which the
offence continues.
280E. Special powers
(1) The Minister may, in writing, authorise
persons or a class of persons for the
purposes of this Division.
(2) The Minister may require an authorised
person to assist in executing a WSE
direction.
10
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Part 2 Water Management Act 1999 Amended s. 5
(3) An authorised person may
(a) contact any relevant person and
request, in writing, that they take
action to comply with all or part
of a WSE direction; and
(b) if the authorised person's request
is not complied with within a
reasonable time, take, without
any further authority than this
provision, such action as may be
reasonably necessary in the
circumstances to ensure that the
WSE direction is executed.
(4) For the purposes of subsection (3)(b), an
authorised person may, if necessary with
reasonable force and assistance
(a) enter any land or building; and
(b) operate or shut down any
infrastructure.
280F. Compensation
(1) A person who suffers loss or damage as a
result of anything done under this
Division may be entitled to be paid
reasonable compensation for that loss or
damage.
(2) However, the entitlement does not extend
to
11
Dam Works Legislation (Miscellaneous Amendments) Act 2007
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s. 5 Part 2 Water Management Act 1999 Amended
(a) loss or damage suffered as a
result of any action, or inaction,
not attributable to a WSE
direction; or
(b) loss or damage resulting from
events that would have occurred
irrespective of actions taken
under this Division; or
(c) loss or damage that caused or
contributed to the relevant water
supply emergency; or
(d) loss or damage that is recoverable
under a policy of insurance, lease
or other contract.
(3) A claim for compensation under
subsection (1) is to be made to the
Minister in the first instance.
12
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 3 Water Management Act 1999 Amended s. 6
PART 3 WATER MANAGEMENT ACT 1999
AMENDED
6. Principal Act
In this Part, the Water Management Act 1999* is
referred to as the Principal Act.
7. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting ", or for the conversion of
land to a dam," after "a dam" in the
definition of "dam works";
(b) by inserting the following definition after
the definition of "meter":
"natural values" means the variety of
all life-forms native to land
including plants, animals and
micro-organisms, the genes that
they contain, the ecosystems of
which they are a part (including
landforms, soils, water) and the
processes that sustain them;
*No. 45 of 1999
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Act No. of
s. 8 Part 3 Water Management Act 1999 Amended
8. Section 6 amended (Objectives of Act)
Section 6(1)(c) of the Principal Act is amended
by inserting "and riparian" after "aquatic".
9. Section 58 amended (Restriction on use of
allocation)
Section 58 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(c)
"dam." and substituting "dam; or";
(b) by inserting the following paragraph after
paragraph (c) in subsection (1):
(d) used only in accordance with
conditions for the avoidance,
minimisation or management of
associated environmental risks.
(c) by inserting the following subsection
after subsection (2):
(3) In this section
"environmental risk" means a
risk that a water allocation
may, in respect of any
water resource or land,
cause
(a) a rise in
underground water
levels; or
14
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 3 Water Management Act 1999 Amended s. 10
(b) soil waterlogging;
or
(c) increased
salination; or
(d) increased soil
erosion; or
(e) the destabilisation
of the bank or bed
of a watercourse;
or
(f) the degradation of
a riverine or
estuarine
environment; or
(g) a deterioration of
water quality.
10. Section 63 amended (Approval of application)
Section 63 of the Principal Act is amended as
follows:
(a) by omitting "Except" and substituting
"(1) Except";
(b) by inserting the following subsection:
(2) An approval under subsection (1)
takes effect on such day as is
specified for that purpose in the
15
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Act No. of
s. 11 Part 3 Water Management Act 1999 Amended
notice of the approval given
under section 68.
11. Section 69 amended (Variation of licences)
Section 69(2) of the Principal Act is amended by
inserting after paragraph (f) the following
paragraph:
(fa) if the licence is for a water allocation for
the taking of water into a dam in respect
of which a permit for dam works has
been granted and those dam works are
not completed in accordance with that
permit; or
12. Section 73 amended (Approval of application to
vary licence)
Section 73 of the Principal Act is amended as
follows:
(a) by omitting "Except" and substituting
"(1) Except";
(b) by inserting the following subsection:
(2) An approval under subsection (1)
takes effect on such day as is
specified for that purpose in the
notice of the approval given
under section 75.
16
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 3 Water Management Act 1999 Amended s. 13
13. Section 84 amended (Allocation of water)
Section 84 of the Principal Act is amended by
omitting subsection (3A) and substituting the
following subsection:
(3A) If a water allocation is granted for the
taking of water into a dam in respect of
which a permit for dam works has been
granted under section 157 but those dam
works are not completed in accordance
with that permit, the Minister, by written
notice, may
(a) cancel the water allocation; or
(b) vary the water allocation as
provided by section 69(2)(fa).
14. Section 125 amended (Work relating to wells)
Section 125 of the Principal Act is amended by
omitting subsection (1).
15. Section 137 amended (Application of this Part)
Section 137(1) of the Principal Act is amended
by omitting paragraph (a).
17
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
s. 16 Part 3 Water Management Act 1999 Amended
16. Section 138 amended (Assessment Committee for
Dam Construction)
Section 138 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2)(b)
"individual" after "an";
(b) by inserting the following subsection
after subsection (2):
(3) To avoid doubt, paragraph (b) of
subsection (2) is not to be taken
as limiting the Minister's power
of policy control and direction
under that subsection in respect
of permit applications generally.
17. Section 139 amended (Members of Assessment
Committee)
Section 139 of the Principal Act is amended as
follows:
(a) by omitting paragraph (d) from
subsection (6) and substituting the
following paragraph:
(d) the integrated management of
natural resources and natural
values;
(b) by inserting the following subsection
after subsection (6):
18
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 3 Water Management Act 1999 Amended s. 18
(6A) Notwithstanding the other
provisions of this section, if the
Assessment Committee considers
that it will need or benefit from
additional categories of expertise
for a particular function, the
Minister may appoint persons
having such expertise as members
of the Assessment Committee for
the specific purposes of
discharging that function.
18. Section 143A substituted
Section 143A of the Principal Act is repealed
and the following section is substituted:
143A. Assessment Committee must have regard to
certain objectives and standards
Matters that the Assessment Committee
must have regard to in performing its
functions include
(a) the objectives of this Act; and
(b) prescribed standards for the
design, construction,
maintenance, surveillance and
decommissioning of dams; and
(c) prescribed standards for carrying
out dam works and for any
related matters; and
(d) any relevant codes.
19
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
s. 19 Part 3 Water Management Act 1999 Amended
19. Section 144 amended (Delegation of grant of
permit)
Section 144(6) of the Principal Act is amended
by omitting "within 28 days" and substituting
"as soon as practicable".
20. Section 146 amended (Permit to undertake dam
works)
Section 146 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) To avoid doubt, an application
under subsection (1) may be
made in respect of
(a) a single dam; or
(b) where a group of dams
collectively store, hold
back or impede the flow
of a single body of water,
a group of dams.
(b) by omitting from subsection (2)(b) "is to"
and substituting "must";
(c) by omitting from subsection (2)(c) "is to"
and substituting "must".
20
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 3 Water Management Act 1999 Amended s. 21
21. Section 146A inserted
After section 146 of the Principal Act, the
following section is inserted in Division 4:
146A. General compliance with permits
A person must comply with the
conditions of a permit.
Penalty: Fine not exceeding 200 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 20 penalty units for
each day during which the
offence continues.
22. Section 147 amended (Minister may require action
to be taken)
Section 147 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) Without prejudice to any other
action that may be taken in
respect of an offence under
section 146 or 146A, the
Minister, by notice, may direct
any of the following to take such
action in respect of that offence
as is specified in the notice:
(a) the owner of the dam;
21
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
s. 23 Part 3 Water Management Act 1999 Amended
(b) the owner or occupier of
the land on which the dam
is located;
(c) the person who has
undertaken the dam
works.
(b) by omitting from subsection (5) "the
owner or occupier" first occurring and
substituting "a person";
(c) by omitting from subsection (5)(b)
"owner or occupier" and substituting
"person contravening the notice".
23. Section 148 amended (Application by person other
than owner)
Section 148(1) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (a) "is to"
and substituting "must";
(b) by omitting from paragraph (b) "is to"
and substituting "must".
24. Section 149 amended (Notice of application for
permit)
Section 149 of the Principal Act is amended as
follows:
22
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 3 Water Management Act 1999 Amended s. 25
(a) by omitting from subsection (1)(c)
"corridor." and substituting "corridor;
and";
(b) by inserting the following paragraph after
paragraph (c) in subsection (1):
(d) subject to subsection (1A), notify
the Director of Inland Fisheries.
(c) by inserting the following subsection
after subsection (1):
(1A) The Director of Inland Fisheries
may determine that an application
for a permit for a particular kind
of dam works does not have to be
notified under subsection (1)(d).
(d) by inserting the following subsection
after subsection (3):
(4) For the purposes of this section,
an application is not taken to have
been received by the Assessment
Committee unless the
requirements of section 146(2)
and, if applicable, section 148(1)
have been fully complied with.
25. Section 152 amended (Referral to Director)
Section 152(1) of the Principal Act is amended
by omitting "6" twice occurring and substituting
"12".
23
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
s. 26 Part 3 Water Management Act 1999 Amended
26. Section 154 amended (Requirement for additional
information)
Section 154 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "The
notice" and substituting "A notice under
subsection (1)";
(b) by omitting from subsection (3) "The
notice" and substituting "A notice under
subsection (1)";
(c) by omitting from subsection (4) "a" first
occurring and substituting "any".
27. Section 155 amended (Information to be provided)
Section 155(2) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (d) "flora or
fauna" and substituting "natural values";
(b) by inserting the following paragraphs
after paragraph (ga):
(gb) matters relating to the mitigation
or offsetting of environmental
harm that may result from dam
works; or
(gc) other matters relating to the
carrying out of dam works; or
24
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 3 Water Management Act 1999 Amended s. 28
28. Section 155A inserted
After section 155 of the Principal Act, the
following section is inserted in Division 4:
155A. Supplementary information
(1) This section applies if
(a) under section 154(1), the
Assessment Committee has
required an applicant for a permit
to provide additional information;
and
(b) the applicant has complied with
that requirement to the
Assessment Committee's
satisfaction.
(2) The Assessment Committee, by a further
notice or notices served within 30 days
after receiving the additional
information, may require the applicant to
provide it with any supplementary
information.
(3) A notice under subsection (2) may be
served after the 12-week period referred
to in section 154(3).
(4) If the applicant does not provide the
required supplementary information to
the Assessment Committee's satisfaction
within 2 years after the date of the notice
under subsection (2), the application for
the permit is taken to have been
25
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
s. 29 Part 3 Water Management Act 1999 Amended
withdrawn by the applicant and no
further action on the application by the
Committee is required.
29. Section 157 amended (Granting of permit)
Section 157(3) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (a) "the"
second occurring and substituting "any";
(b) by inserting the following subparagraph
after subparagraph (iii) in paragraph (b):
(iiia) the mitigation or offsetting of
environmental harm that may
result from the dam works; or
30. Section 159 amended (Time when permit takes
effect)
Section 159 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) "and the
conditions of the permit" after "(4)";
(b) by omitting subsection (7) and
substituting the following subsection:
(7) Where a new licence or a
variation to an existing licence is
required before water can be
taken for the purposes of the dam
26
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 3 Water Management Act 1999 Amended s. 30
works, the permit does not take
effect until the licence or the
variation has been granted or, if
applicable, the determination or
abandonment of any reviews and
appeals under Part 14 in respect
of the licence or variation.
(c) by omitting subsection (8) and
substituting the following subsection:
(8) Subject to any conditions
imposed on it pursuant to
section 157(2)(b), a permit lapses
on the expiration of the 3-year
period immediately following the
date on which it takes effect if the
dam works for which it is granted
are not substantially completed
within that period.
(d) by omitting from subsection (9) "The"
and substituting "However, the";
(e) by omitting from subsection (9) "one
year" and substituting "2 years";
(f) by omitting from subsection (9)(b)
"flora, fauna" and substituting "natural
values".
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Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
s. 31 Part 3 Water Management Act 1999 Amended
31. Section 160 amended (Notification of decision)
Section 160(1) of the Principal Act is amended
by inserting after paragraph (a) the following
paragraph:
(ab) if the applicant is not the owner of the
land in respect of which the permit is
granted, the owner of that land; and
32. Section 162 amended (Amendments of permits)
Section 162 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) Any of the following persons
may, in writing, request the
Assessment Committee to amend
a permit:
(a) the holder of the permit;
(b) an owner of land affected
by the permit;
(c) a person acting with the
consent of an owner of
land affected by the
permit.
(b) by omitting from subsection (2)(d)
"granted." and substituting "granted;
and";
28
Dam Works Legislation (Miscellaneous Amendments) Act 2007
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Part 3 Water Management Act 1999 Amended s. 33
(c) by inserting the following paragraph after
paragraph (d) in subsection (2):
(e) has, if the person requesting the
amendment is not an owner of
land affected by the permit, the
permission of the owner or
owners.
33. Section 165P amended (Notices to ensure safety of
dams in case of imminent danger, &c.)
Section 165P of the Principal Act is amended as
follows:
(a) by omitting from subsection (4) "The
owner or other person" and substituting
"A person";
(b) by omitting from subsection (5) "an
owner of a dam" and substituting "a
person";
(c) by omitting from subsection (5)(a) "a
person to enter on the owner's land and"
and substituting "another person to enter
on the land on which the dam is situated
and";
(d) by omitting from subsection (5)(a) "to
make good any damage caused" and
substituting "to ensure the safety of
persons or the relevant dam or other
property";
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Dam Works Legislation (Miscellaneous Amendments) Act 2007
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s. 33 Part 3 Water Management Act 1999 Amended
(e) by omitting paragraph (b) from
subsection (5) and substituting the
following paragraph:
(b) any costs reasonably incurred by
or on the Minister's behalf
pursuant to paragraph (a) are
recoverable in a court of
competent jurisdiction as a debt
due to the Crown from the person
failing to comply with the notice.
(f) by inserting the following subsections
after subsection (5):
(5A) If the Minister considers that a
person will be unable to execute
an authorisation under
subsection (5) without entering
on land other than that on which
the dam is situated, the
authorisation may authorise that
entry.
(5B) A person entering on any land
pursuant to an authorisation under
subsection (5) must
(a) make reasonable attempts
to notify the owner or
occupier of the entry; and
(b) cause as little disruption
as possible consistent
with the actions required
to be taken; and
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Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 3 Water Management Act 1999 Amended s. 34
(c) do whatever can be
practicably done in the
circumstances by way of
temporary measures to
maintain the owner's or
occupier's level of
protection as regards
trespass and, if applicable,
loss of stock; and
(d) to such extent as may be
practicable without
jeopardising the safety of
any persons, dams or
property, make good any
damage.
34. Section 185 substituted
Section 185 of the Principal Act is repealed and
the following section is substituted:
185. Requirements for permits
Nothing in this Division operates to
exempt a water entity responsible for the
administration of a district from any
requirement to hold a permit in respect of
dam works under Division 4 of Part 8 or
a relevant permit under the Land Use
Planning and Approvals Act 1993.
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Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
s. 35 Part 3 Water Management Act 1999 Amended
35. Section 276 amended (Appeal to Appeal Tribunal)
Section 276 of the Principal Act is amended by
inserting after subsection (3) the following
subsections:
(4) However, an appeal under subsection (1)
or (2) in respect of the grant or refusal of
a permit under Part 8 may only be
instituted, heard and determined on the
grounds that the process by which the
decision or determination appealed
against was procedurally incorrect or
unfair having regard to the requirements
of this Act and natural justice, not on the
grounds that any technical information
taken into account in making the decision
or determination, or that any technical
finding made in reaching the decision or
determination, was incorrect as a matter
of fact.
(5) In this section
"technical finding" includes an
economic, engineering or
scientific finding;
"technical information" includes
economic, engineering and
scientific information.
32
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 3 Water Management Act 1999 Amended s. 36
36. Section 278 amended (Form of appeal to Appeal
Tribunal)
Section 278 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) However, in its application to an appeal
in respect of the grant or refusal of a
permit, section 17 of the Resource
Management and Planning Appeal
Tribunal Act 1993 is subject to
section 276(4).
37. Section 279 amended (Determination of appeal)
Section 279 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) However, in its application to an appeal
in respect of the grant or refusal of a
permit, subsection (1) is subject to
section 276(4).
38. Section 301 substituted
Section 301 of the Principal Act is repealed and
the following section is substituted:
301. Works codes
(1) The Minister, by order published in the
Gazette, may issue a code of practice to
33
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
s. 39 Part 3 Water Management Act 1999 Amended
be followed in respect of either or both of
the following:
(a) well works;
(b) dam works and any related
matters.
(2) An order under subsection (1) is not a
statutory rule within the meaning of the
Rules Publication Act 1953.
39. Section 304A amended (Regulations relating to
safety of dams and dam works)
Section 304A of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) standards for the carrying out of dam
works and any related matters;
40. Schedule 2 amended (Constitution and procedure of
the Assessment Committee for Dam Construction)
Schedule 2 to the Principal Act is amended by
omitting clause 8 and substituting the following
clause:
8. Quorum
(1) Except as provided by this clause, the
number of members who may constitute
a quorum at any meeting of the
Assessment Committee is 4, of whom
34
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 3 Water Management Act 1999 Amended s. 40
one must be the chairperson or the
deputy chairperson.
(2) For a meeting relating to the discharge of
a function for which one additional
expert member has been appointed under
section 139(6A), subclause (1) continues
to apply.
(3) For a meeting relating to the discharge of
a function for which more than one
additional expert member has been
appointed under section 139(6A), the
quorum is a majority of the total number
of members, and that majority must
include the chairperson or deputy
chairperson.
35
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
s. 41 Part 4 Inland Fisheries Act 1995 Amended
PART 4 INLAND FISHERIES ACT 1995 AMENDED
41. Principal Act
In this Part, the Inland Fisheries Act 1995* is
referred to as the Principal Act.
42. Section 139 amended (Free passage of fish)
Section 139(2) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (b) "farm."
and substituting "farm; or";
(b) by inserting the following paragraph after
paragraph (b):
(c) dam works authorised by a permit
under the Water Management Act
1999.
43. Section 164 amended (Non-application of Division)
Section 164 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) This Division does not apply in relation
to
(a) a registered private fishery; or
*No. 110 of 1995
36
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 4 Inland Fisheries Act 1995 Amended s. 43
(b) a licensed fish farm; or
(c) a person exempted under section
165, to the extent of the
exemption; or
(d) dam works authorised by a permit
under the Water Management Act
1999.
37
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
s. 44 Part 5 Threatened Species Protection Act 1995 Amended
PART 5 THREATENED SPECIES PROTECTION ACT
1995 AMENDED
44. Principal Act
In this Part, the Threatened Species Protection
Act 1995* is referred to as the Principal Act.
45. Section 51 amended (Offences relating to listed
taxa)
Section 51 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) A person undertaking dam works in
accordance with a dam permit granted
under the Water Management Act 1999
may take, without a permit, a specimen
of a listed taxon of flora or fauna.
*No. 83 of 1995
38
Dam Works Legislation (Miscellaneous Amendments) Act 2007
Act No. of
Part 6 Transitional Provision s. 46
PART 6 TRANSITIONAL PROVISION
46. Processing of existing applications
(1) An application of any kind made under the
Water Management Act 1999 before the
commencement of Part 3 of the Dam Works
Legislation (Miscellaneous Amendments) Act
2007 is to be treated and dealt with in all
respects, including on appeal, in accordance with
the provisions of the Water Management Act
1999 as in force immediately before that
commencement.
(2) For the purposes of subsection (1), an
application is not taken to have been made
unless it has been physically or electronically
received by the person to whom the application
is required to be made.
Government Printer, Tasmania 39