Tasmania: Water Management Act 1999 (Tas)

Water Management Act 1999 An Act to provide for the management of Tasmania's water resources and for other purposes [Royal Assent 27 October 1999] 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 Water Management Act 1999 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Interpretation (1) In this Act, unless the contrary intention appears – Advisory Committee means the Advisory Committee established under section 114 ; Agency has the same meaning as in the State Service Act 2000 ; ANCOLD consequence category means a consequence category referred to in the Guidelines on the Consequence Categories for Dams, published in October 2012 by the Australian National Committee on Large Dams Incorporated, as amended or substituted from time to time; Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal; approved form means a form approved under section 300 ; authorisation means – (a) a licence, permit or transfer; or (b) an approval for a water entity to administer a water management plan under Division 4 of Part 4 or a water district under Part 9 ; or (c) any other authority granted under this Act permitting a person to undertake an activity; authorised officer means an authorised officer appointed under section 237 ; best practice environmental management has the same meaning as in the EMPC Act; channel includes – (a) a drain, gutter or pipe; and (b) a part of a drain, gutter or pipe; commencement day means – (a) in section 303 and Schedule 4 , the day on which section 307 commences; or (b) in Schedule 5 , the day on which section 308 commences; Commission means the Tasmanian Planning Commission; contravene includes fail to comply with; dam means a permanent or temporary barrier or structure that stores, holds back or impedes the flow of water and includes – (a) any spillway or similar works for passing water around or over the barrier or structure; and (b) a pipe or other works for passing water through or over the barrier or structure; and (c) water stored or held back by the barrier or structure and the area covered by that water; and (d) an artificial depression or hole excavated in a watercourse that holds water or impedes the flow of water; and (e) an artificial levee or bank that holds back or diverts water in a watercourse – but does not include – (f) associated works and canals used in, or in relation to, the generation of electricity; or (g) a tank or reservoir unless – (i) the storage of water involves flooding natural ground; or (ii) the tank or reservoir is on a watercourse; or (h) roads, buildings and other ancillary works that are not part of the dam; dam works means any works for the construction, erection, enlargement, modification, repair or removal of a dam, or for the conversion of land to a dam or any work on any dam which may significantly increase the dam's safety risk; Director means the Director, Environment Protection Authority; Director of Inland Fisheries means the Director of Inland Fisheries appointed under section 11 of the Inland Fisheries Act 1995 ; dispersed surface water means – (a) water flowing over land otherwise than in a watercourse – (i) after having fallen as rain or hail or having precipitated in any other manner; or (ii) after rising to the surface naturally from underground; or (b) water as mentioned in paragraph (a) that has been collected in a dam or reservoir; Division 3 permit has the same meaning as in Part 8 ; Division 4 permit has the same meaning as in Part 8 ; domestic purpose means personal use for drinking, cooking and washing but does not include taking water to be used in carrying on a business unless it is for the personal use of persons employed in the business; drilling, in the case of a well, means drilling the well or excavating the well in any other manner and includes deepening or widening an existing well; electricity entity means a body corporate which uses, or intends to use, water for the generation of electricity as mentioned in section 115 ; EMPC Act means the Environmental Management and Pollution Control Act 1994 ; environmental agreement has the same meaning as in the EMPC Act; environmental harm has the same meaning as in the EMPC Act; environmental improvement programme has the same meaning as in the EMPC Act; environmental nuisance has the same meaning as in the EMPC Act; environmental objectives means the objectives of a water management plan proposed to further the provisions of section 6(1)(c) ; equipment means a pump or meter or valves, pipes or any other device used to take water and includes a part of any such equipment; functions includes powers, authorities and duties; groundwater means – (a) water occurring naturally below ground level; or (b) water pumped, diverted or released into a well for storage underground; groundwater area means an area of land that is appointed as a groundwater area by an order made by the Minister under section 124A ; highway means – (a) a State highway or subsidiary road within the meaning of the Roads and Jetties Act 1935 ; or (b) a local highway within the meaning of the Local Government (Highways) Act 1982 ; hydro-electric district means a hydro-electric district created under Part 9 ; incident, in the case of a dam, means any incident or event relating to the structural integrity or safety of the dam which causes, or has the potential to cause – (a) death or injury to a person; or (b) damage to, or loss of, property or services; or (c) material environmental harm or serious environmental harm; infrastructure means – (a) artificial lakes; or (b) dams, weirs or reservoirs; or (c) embankments, walls, channels or other works; or (d) buildings or structures; or (e) pipes, machinery or other equipment; infringement notice means an infringement notice served under Division 1 of Part 13 ; intensive farming means a method of keeping animals in the course of carrying on the business of primary production in which the animals are confined to a small space or area and are usually fed by hand or by mechanical means; interested person has a meaning given by section 270 or 274 ; lake means a natural lake, pond, lagoon, wetland or spring (whether modified or not) and includes – (a) part of a lake; and (b) a body of water declared by the regulations to be a lake; land includes – (a) buildings and other structures permanently fixed to land; and (b) land covered with water; and (c) water covering land; and (d) any estate, interest, easement, privilege or right in or over land; licence means a licence granted and in force under Part 6 , except in Part 10A ; local newspaper means a newspaper circulating in the area in which a relevant water resource, dam or well is situated or in which a proposed or existing dam is to be situated; material environmental harm has the same meaning as in section 5(2) of the EMPC Act; meter means an instrument that measures and records a flow or level of water and includes any ancillary device attached to or incorporated in the instrument; 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; nest means – (a) a structure or place where a bird lays eggs and shelters its young; and (b) an animal's breeding place, den or burrow; occupier of land means a person who has, or is entitled to, possession or control of the land and includes – (a) a person who occupies the land or part of the land jointly or in common with any other person; and (b) a person who occupies part of the land; owner has the meaning given by section 3A ; person includes an Agency, a statutory authority and any emanation of the Crown in right of the Commonwealth; pipeline licensee means the holder of a licence under the Gas Industry Act 2019 in relation to a gas infrastructure planning corridor; pipeline planning corridor means a gas infrastructure planning corridor declared under the Gas Industry Act 2019 ; planning scheme means a planning scheme in force under section 29 of the Land Use Planning and Approvals Act 1993 ; prior right means a right to take water under this Act which was in force immediately before the publication of a notice under section 18 ; record means – (a) a documentary record; or (b) a record made by an electronic, electromagnetic, photographic or optical process; or (c) any other kind of record; register of dams means the register of dams kept under section 12(1A) ; register of licences, water allocations and permits means the register of licences, water allocations and permits kept under section 12(1) ; regulations means regulations made and in force under this Act; relevant water management plan means a water management plan for a water resource which may be affected by the exercise of any powers under this Act; repealed Act means the Water Act 1957 ; responsible water entity means a water entity responsible for the administration of a water management plan under section 38(1) or the administration of a water district under Part 9 ; riparian tenement means land that adjoins a watercourse or through which a watercourse runs, or that adjoins a lake or on which a lake is situated; Secretary means the Secretary of the Department; serious environmental harm has the same meaning as in section 5(2) of the EMPC Act; small claim means a small claim within the meaning of the Magistrates Court (Small Claims Division) Act 1989 ; special Act – see section 189(b) and section 190(b) ; special licence means a licence granted and in force under Division 6 of Part 6 ; State policy means a Tasmanian Sustainable Development Policy made under section 11 of the State Policies and Projects Act 1993 ; statutory authority means a person, body or authority, whether incorporated or unincorporated, constituted by or under an Act, or appointed by the Governor under the authority of an Act, to administer or control a department, office, business or undertaking on behalf of the State; statutory rule means a statutory rule for the purposes of the Rules Publication Act 1953 ; stock watering means the provision of water for drinking by livestock and for normal husbandry practices associated with the keeping of livestock, but does not include the provision of water for livestock or animals subject to intensive farming; surety means the actual or relative probability with which a water allocation is expected to be available in any year having regard to the natural variability of the supply of water; take, in relation to threatened species, has the same meaning as in the Threatened Species Protection Act 1995 ; taking, in the case of water from a water resource, includes – (a) taking water by pumping or syphoning the water; and (b) stopping, impeding or diverting the flow of water over land (whether in a watercourse or not) for the purpose of collecting or storing the water; and (c) diverting the flow of water in a watercourse from the watercourse; and (d) releasing water from a lake; and (e) permitting water to flow under natural pressure from a well, unless the water is flowing from a natural opening in the ground that gives access to groundwater; and (f) permitting stock to drink from a watercourse, a natural or artificial lake, a dam or reservoir; threatened species has the same meaning as in the Threatened Species Protection Act 1995 ; tidal area means any part of a watercourse that is below the mean high-water mark; tributary means any watercourse that contributes its flow to a larger watercourse; trust means a board of trustees holding office under Division 1 of Part 10 ; trustee means one of the persons constituting a trust under Division 1 of Part 10 ; waste means residue, by-product, surplus or reject material which is to be, or is required to be, disposed of in a manner of which utilisation to commercial or other advantage is not a primary purpose; water allocation means a quantity of water that a licensee is entitled to take and use under a licence; water district means a water supply district, irrigation district, riverworks district, hydro-electric district or drainage district created under Part 9 ; water entity means – (a) a Government Business Enterprise; or (b) a council; or (c) an authority under Division 4 of Part 3 of the Local Government Act 1993 or any other statutory authority; or (d) a body corporate under the Corporations Act; or (da) a body or corporation registered as a co-operative under the Co-operatives National Law (Tasmania); or (e) a trust established under Part 10 ; or (f) an electricity entity; or (g) a body registered under the Cooperatives Act 1999 ; or (h) the Corporation within the meaning of the Water and Sewerage Corporation Act 2012 – and, if the Minister is administering a water management plan under a notice referred to in section 47(3) , includes the Minister; water management plan means a water management plan in force under Part 4 and includes an interim water management plan under section 31 ; water regime means – (a) in respect of a watercourse, the pattern of flow in the watercourse, which is to be described in terms of the major features of its volumetric and temporal variation and which, in the case of a lake, is to include the fluctuation in the water level of the lake; or (b) in respect of groundwater, the pattern of flow or fluctuation in the level of groundwater or pressure which is to be described in terms of the major features of its temporal variation; water resource means – (a) a watercourse, lake or any dispersed surface water or groundwater; or (b) a tidal area that a declaration under section 5A relates to; watercourse means a river, creek or other natural stream of water (whether modified or not) flowing in a defined channel, or between banks, notwithstanding that the flow may be intermittent or seasonal or the banks not clearly or sharply defined, and includes – (a) a dam that collects water flowing in any such stream; and (b) a lake through which water flows; and (c) a channel into which the water of any such stream has been diverted; and (d) part of any such stream; and (da) the floodplain of any such stream – but does not include – (e) a channel declared by the regulations to be excluded from this definition; or (f) a drain or drainage depression in the contours on the land which only serves to relieve upper land of excess water in times of major precipitation; well means – (a) an opening in the ground below the surface of the earth excavated or used for the taking of groundwater; or (b) a natural opening in the ground that gives access to groundwater; or (c) any other excavation as may be provided by the regulations; well works means an excavation undertaken to give access to groundwater, any other works undertaken to repair or modify the structure of a well or any works undertaken to plug, backfill, seal or decommission a well; working day means a day that is not – (a) a Saturday or Sunday; or (b) a statutory holiday within the meaning of the Statutory Holidays Act 2000 ; works means a drain, outfall, bridge, culvert, channel, dam (including associated infrastructure), defence or other work of a water entity responsible for administering a water district or a water management plan and includes all machinery and appliances used, or intended to be used, for the purposes of any such district or plan but does not include a bridge over a natural watercourse if the bridge is on, or forms part of, a highway. (2) In this Act – (a) a reference to a watercourse is taken as a reference to either – (i) the bed and banks of the watercourse; or (ii) the water for the time being within the bed and banks of the watercourse – or both, depending on the context; and (b) a reference to a lake is taken as a reference to either – (i) the bed, banks and shores of the lake; or (ii) the water for the time being held by the bed, banks and shores of the lake – or both, depending on the context; and (c) a reference to varying a licence is taken to include a reference to varying a water allocation of the licence or the conditions attached to the licence; and (d) a reference to a water allocation is taken to include a reference to a part of the water allocation; and (e) a reference to a condition of a licence is taken to include a reference to a water allocation of the licence. 3A. Meaning of owner (1) In this Act, owner, in relation to land, means each of the following persons: (a) in the case of a fee simple estate in land – the person in whom that estate is vested; (b) in the case of land not registered under the Land Titles Act 1980 and subject to a mortgage – the equity of redemption in that mortgage; (c) in the case of land held under a tenancy for life – the person who is the life tenant; (d) in the case of land held under a lease – (i) for a term of not less than 99 years – the lessee; or (ii) if another period is prescribed by the regulations, for a term of not less than that period – the lessee; (e) in the case of land in respect of which a person has a prescribed interest – that person; (f) in the case of land that is unalienated from the Crown – the Crown. (2) In this Act, owner, in relation to – (a) a dam that has been constructed, means each of the following persons: (i) the person who owns the dam; (ii) any person who owns land that may be covered by water when the dam is at maximum operating level (other than because of flood discharge) or, if there is a controlled spillway in relation to the dam, when water is at the spillway crest level; or (b) a dam under construction, means each of the following persons: (i) the holder of a Division 3 permit or a Division 4 permit under which the dam is being constructed; (ii) any person who is the owner of the land on which dam works in relation to the dam are being, or are to be, undertaken. 4. Act binds Crown (1) This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. (2) No criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Act. 5. Application of Act (1) This Act prevails over any other Act which confers a right to take water unless the other Act is expressed to apply notwithstanding this Act. (2) Except as provided by section 5A , nothing in this Act affects the taking of water from a tidal area. (3) Nothing in this Act is taken to imply that any water taken or used under an authorisation or as permitted by this Act is fit or sufficient for the purposes for which it is taken or used. 5A. Tidal areas (1) The Minister may, by order, declare that the taking of water in any tidal area is subject to this Act. (2) The order is a statutory rule. PART 2 - Objectives of Act 6. Objectives of Act (1) The objectives of this Act are to further the objectives of the resource management and planning system of Tasmania as specified in Schedule 1 and in particular to provide for the use and management of the freshwater resources of Tasmania having regard to the need to – (a) promote sustainable use and facilitate economic development of water resources; and (b) recognise and foster the significant social and economic benefits resulting from the sustainable use and development of water resources for the generation of hydro-electricity and for the supply of water for human consumption and commercial activities dependent on water; and (c) maintain ecological processes and genetic diversity for aquatic and riparian ecosystems; and (d) provide for the fair, orderly and efficient allocation of water resources to meet the community's needs; and (e) increase the community's understanding of aquatic ecosystems and the need to use and manage water in a sustainable and cost-efficient manner; and (f) encourage community involvement in water resource management. (2) It is the obligation of the Minister, the Secretary, a water entity and any other person on whom a function is imposed or a power is conferred under this Act to perform the function or exercise the power in such a manner as to further the objectives specified in subsection (1) and in Schedule 1 . PART 3 - Administration 7. Abolition and vesting of rights to water (1) All rights existing at common law immediately before the commencement of this section to the flow of, or for the taking of, naturally occurring water are abolished. (2) Except as provided by this Act, all rights to the taking of water from the water resources of Tasmania are vested in the Crown to be administered in accordance with this Act. (3) This section does not derogate from any rights conferred under Part 5 . 8. Functions and duties of the Minister (1) The functions and duties of the Minister under this Act are – (a) to manage the water resources of Tasmania in accordance with the objectives of this Act; and (b) to develop and coordinate policies relating to the sustainable use and development of those water resources; and (c) to allocate the water available from watercourses, lakes and wells and dispersed surface water in a manner consistent with the objectives of this Act; and (d) to compile, maintain and update information in respect of the water resources of Tasmania; and (e) to promote public awareness of the importance of Tasmania's water resources and to encourage the conservation of those resources; and (f) to encourage community involvement in water resource management; and (g) any other functions and duties imposed on the Minister by this Act, including, but not limited to, functions and duties imposed under Part 8 in relation to dam works. (2) When making a decision under this Act that is based wholly or partly on an assessment of the quantity of water available or the period or periods during which water is available from a water resource, the Minister must take into account – (a) the needs of the major ecosystems that depend on that water resource for water; and (b) any effect that the decision may have on the commercial operations of major users of water from that water resource. 9. Minister may establish committees (1) The Minister may establish committees to provide information and advice to the Minister on matters related to the administration of this Act. (2) The Minister may appoint any person who has expertise, knowledge or skills relevant to the functions of a committee as a member of that committee on any terms and conditions that the Minister determines. 10. Delegation by Minister (1) Subject to subsection (5) , the Minister may delegate any of his or her functions or powers under this Act (except this power of delegation) to any other person. (2) A delegation under this section – (a) is to be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Minister to act in any matter; and (d) is revocable by the Minister. (3) Where a function or power is delegated under subsection (1) to a water entity, the Minister may make an agreement with that water entity for the reimbursement of the costs incurred by it in performing that function or exercising that power. (4) Where the performance of a function or the exercise of a power is dependent on the opinion or belief of the Minister, a delegate may act on his own opinion or belief in performing that function or exercising that power. (5) The Minister may not delegate – (a) the function of making recommendations to the Governor in respect of the making of proclamations; or (b) any power conferred under section 11 , 28 , 34(4)(c) or 47 , Division 6 of Part 6 , section 165L(5) , 176(2) , 178(1) , 183(1) , 186(1) , 188(1) , 192 , 206 , 225 or 259(6) ; or (c) the power to authorise a person to enter on land under section 46 , 94(3) , 127(1) , 147(5) , 165J(2) , 165L(7) , 165M(1) , 165N(4) , 229(1) , 282(4) or 164ZM ; or (d) any power under Part 10A ; or (e) any power under Part 14A . (6) The Minister may not delegate the power to hold a review under Division 1 of Part 14 to a person who has made the decision which is the subject of the review. 10A. Delegation by Secretary The Secretary may delegate any of his or her functions or powers under this Act, other than this power of delegation, to any person. 11. Exemption from Act (1) Subject to subsection (5) , the Minister may, by order published in the Gazette, exempt a person from any provision of this Act subject to any conditions that the Minister determines. (1A) The order is not a statutory rule. (2) The Minister may not grant an exemption if – (a) there would be a likely material adverse effect on any licensee or the holder of a permit under this Act or prior right; or (b) it would be inconsistent with the objectives of this Act to do so; or (c) the effect of the exemption would, or be likely to, cause material environmental harm or serious environmental harm; or (d) the Minister having the administration of the Public Health Act 1997 has advised that the exemption would be inconsistent with that Act or any guidelines in force under that Act. (3) An exemption may have effect notwithstanding a provision of a water management plan. (4) An exemption remains in force until – (a) it is revoked; or (b) the date specified in the order as the date on which the exemption ceases to be in force – whichever first occurs, but the exemption may be renewed in accordance with this section. (5) The Minister may not exempt a person from any requirement not to cause material environmental harm or serious environmental harm under this Act. 12. Minister to keep certain registers (1) The Minister must keep a register of all licences, water allocations and permits granted or issued under any Part of this Act in such form and containing such information as the Minister thinks fit. (1A) The Minister must keep a register of dams for the purposes of this Act. (2) Where a licence is transferred, or a water allocation of a licence is transferred, the Minister must record in the register such particulars as he or she thinks fit relating to the transfer. (3) A person may inspect the register without charge, excluding any information as to demerit points allocated to the licence of any other person, during normal business hours at such places as the Minister may direct. (4) Where any demerit points are allocated to a licence under Division 2 of Part 13 , the register is to include a notation to that effect. (5) A person may, on payment of the prescribed fee, obtain a copy of, or an extract from, an entry in the register but is not entitled to any information as to demerit points allocated to the licence of any other person. (6) A person may, on payment of the prescribed fee, inspect any notation in the register of demerit points allocated to his or her licence or, with the authority in writing of another licensee, to the licence held by that licensee. (7) The Minister may – (a) of his or her own motion; or (b) on application by a person in respect of whom an entry has been made in the register – amend the entry if satisfied that the entry is incorrect owing to an accidental or inadvertent error, omission or misstatement or a change of address or change of name by a licensee. (8) The Minister may, of his or her own motion, amend the register of dams to add, amend or remove any particulars, in relation to a dam, relating to dam safety. 12A. Application requirements An application to the Minister or Secretary on any matter under this Act is to be in an approved form and must – (a) be accompanied by the prescribed fee, if any; and (b) be supported by such evidence or information as the Minister or Secretary may require, either at the time of lodgment or subsequently, in order to consider the application; and (c) comply with such additional requirements under this Act, if any, as relate specifically to the application. PART 4 - Water Management Plans Division 1 - Nature of water management plans 13. Water management plans (1) The Minister may determine that a water management plan is to be prepared in respect of a water resource or water resources in Tasmania. (2) A water management plan may, in whole or in part, rescind, replace or alter any water management plan previously approved under this Act. 14. Scope of water management plans (1) A water management plan may be prepared for – (a) a watercourse, several joined watercourses or part of a watercourse, including a water supply channel declared under section 192(1) ; or (b) a lake; or (c) one or more groundwater resources; or (ca) a tidal area that a declaration under section 5A relates to; or (d) any combination of paragraphs (a) , (b) , (c) and (ca) , whether the water resources are joined naturally or artificially – and may include dispersed surface water that normally flows into or replenishes the water resource or water resources in the plan. (2) A water management plan is to include – (a) a statement of the objectives of the plan, including the environmental objectives; and (b) a description of the water regime that best gives effect to the environmental objectives and other relevant objectives of the plan; and (c) an assessment of the ability of that water regime to achieve the environmental objectives and other relevant objectives of the plan; and (d) an assessment of likely detrimental effects of the plan on the quality of water. (3) A water management plan may – (a) provide for the allocation and use of water having regard to the objectives stated under subsection (2)(a) ; and (b) provide for the licensing of all or specified classes of persons taking water from the relevant water resource, including persons who under Part 5 would otherwise have a right to take water without a licence; and (c) provide for the transfer of, and other dealings with, water allocations, including the imposition of conditions under which those transfers or dealings may take place; and (d) . . . . . . . . (e) specify a date on which the plan will take effect; and (f) provide for the administration of the plan by a responsible water entity in accordance with section 38(1) ; and (g) include such other information or material as may be required for the administration of this Act. 15. Effect of plan on water allocation Where a water management plan provides for the allocation and use of water under section 14(3)(a) , the plan must – (a) include an assessment of the capacity of the relevant resource to meet the likely demands for water by existing and future users; and (b) take into account the needs of existing and future users and state the likely effect of the plan on those users, including any effect on businesses carried on by those users. 16. Changes to allocations (1) A water management plan may, in order to improve the management of a water resource, change the basis on which water is allocated from the resource notwithstanding that a consequential variation of a licence to maintain consistency with the plan results in a reduction or increase in a water allocation of the licence. (2) Where a change to the basis of allocating water from a water resource requires a reduction in the water allocations of licences to take water from the resource – (a) the water management plan must provide an equitable procedure for effecting the reduction; and (b) the procedure must give effect to the various sureties attaching to the licences or to the components of water allocations of the licences. 17. Links with other water resources (1) Where the taking, or the taking and use, of water from a water resource has, or is likely to have, a detrimental effect on the quantity or quality of water that is available from another water resource, the water management plan for the first-mentioned resource – (a) must take into account the needs of persons and ecosystems using water from the other resource as well as the needs of persons and ecosystems using water from its own resource; and (b) may, to achieve an equitable balance between competing interests, include provisions designed to prevent or reduce any such detrimental effect. (2) Where the taking or use of water from a water resource affects, or is likely to affect, the management of water in another water resource, the water management plan for the second-mentioned water resource may include provisions relating to the taking or use of water from the first-mentioned water resource. Division 2 - Preparation of water management plans 18. Notice of plan As soon as practicable after the Minister determines that a water management plan is to be prepared, the Secretary must – (a) by notice in a local newspaper, notify the public that a water management plan is to be prepared; and (b) prepare a draft water management plan. 19. . . . . . . . . 20. Consistency with other statutory requirements and consultation (1) When preparing a draft water management plan, the Secretary must have regard to the consistency of the plan with – (a) any relevant State policy; and (b) relevant environmental agreements and environmental improvement programmes; and (c) relevant planning schemes; and (d) Part 6 of the Public Health Act 1997 and guidelines issued under Part 8 of that Act; and (e) such other plans, policies or guidelines as are prescribed by the regulations; and (f) the objectives of this Act – and for that purpose must consult with – (g) the Director, Environment Protection Authority; and (h) the Director of Public Health; and (i) any council within the municipal area of which a relevant water resource is situated; and (j) such other persons as the Minister may direct. (2) The Secretary must also consult with – (a) any Agency that has a direct interest in the draft water management plan; and (b) any relevant water entity or relevant licensee – so far as may be practicable and may also consult generally with such other persons as he or she thinks fit. 21. Effect of plan on prior rights (1) In preparing a draft water management plan, the Secretary must ensure that any user of water with a prior right to take water from a water resource to which the plan relates continues to enjoy that right unless it is abrogated as provided by subsection (2) . (2) Where – (a) the total allocations of water available to the holders of prior rights to take water from a water resource to which the plan relates prevent the achievement of the water regime that best gives effect to the environmental objectives referred to in section 14(2)(a) ; or (b) the total allocations of water available to the holders of those rights or the conditions of use attached to those rights may not enable the relevant water resource to be managed consistently with the objectives of this Act – the draft water management plan may provide for the abrogation of any such prior right but only to the extent necessary to ensure that requirements can be met as to – (c) providing the water regime that best gives effect to the environmental objectives referred to in section 14(2)(a) ; and (d) management of the resource consistently with the objectives of this Act. (3) Where a draft water management plan abrogates rights under this section, the Secretary must in accordance with section 24 give notice of the plan to persons holding those rights. 22. Compensation for abrogation of prior right (1) The holder of a prior right that is abrogated under section 21 is entitled to compensation for any liability incurred or loss sustained unless – (a) the abrogation is necessary to ensure that the total quantity of water permitted to be taken from the relevant water resource does not prevent the achievement of the water regime that best gives effect to the environmental objectives referred to in section 14(2)(a) ; or (b) the holder consents to the abrogation or reduction. (2) In default of an agreement between the Minister and the holder of the prior right, the amount of compensation is to be determined in accordance with the Commercial Arbitration Act 2011 . (3) For the purposes of this section, any compensation is to be paid out of the Public Account without further or other appropriation than this section. (4) In determining the amount of compensation under subsection (1) , any benefit to the holder of the prior right arising from the abrogation is to be taken into account. 23. Requirement to report particulars of wells A notice under section 18 may require that the owner or occupier of land on which a well is situated in a specified area must, within such time as is specified in the notice – (a) notify the Secretary, in the approved form, of the existence of the well; and (b) describe the location of the well on that land and provide such other information as may be specified in the notice. Penalty: Fine not exceeding 10 penalty units. 24. Consultation on draft plan (1) When the draft water management plan is completed, the Secretary must serve written notice of it stating the particulars required by section 25 on – (a) the persons and bodies referred to in section 20(1) ; and (b) . . . . . . . . (c) any licensees who may take water from a water resource to which the draft plan relates; and (d) any holders of prior rights abrogated under section 21 ; and (e) any licensee who may take water from a water resource that may be affected under section 17 by the draft plan; and (f) such other persons as the Secretary considers appropriate. (2) The notice must contain the same particulars as a notice under section 25(1) . 25. Public exhibition of draft plan (1) As soon as possible after a draft water management plan has been prepared, the Secretary must, by notice in the Gazette and in a local newspaper, state – (a) that a draft plan has been prepared; and (b) the water resource or water resources to which the draft plan relates; and (c) that a person may submit written representations on the draft plan; and (d) the period during which representations may be made; and (e) the address to which representations may be sent; and (f) the place at which a copy of the draft plan may be obtained; and (g) the cost, if any, of obtaining a copy of the draft plan; and (h) the place at which the draft plan is exhibited; and (i) the period during which the draft plan is to be exhibited; and (j) the time and place at which a public meeting will be held to discuss the draft plan. (2) The period during which representations may be made and the period during which the draft water management plan is to be exhibited are to be each at least 60 days after the date on which the notice is first published. (3) Unless the Minister determines otherwise, the public meeting referred to in subsection (1)(j) must be held within 30 days after the date on which the notice is first published. 26. Consideration of representations After considering the written representations on a draft water management plan, the Secretary is to forward to the Commission – (a) a copy of those representations; and (b) a report containing – (i) a summary of the representations; and (ii) the Secretary's opinion on the merits of the representations, including a statement as to whether he or she believes that the representations are of sufficient merit to warrant modification of the draft water management plan; and (iii) a summary of any proposed modification to the draft water management plan; and (iv) any additional information that the Secretary considers relevant. 27. Review by Commission (1) The Commission, on the direction of the Minister, is to review the representations and the report of the Secretary forwarded under section 26 on the draft water management plan. (2) Within 21 days after receipt of the copies of the representations and the report of the Secretary, or within any further period that the Minister allows, the Commission is to decide whether or not to hold a hearing to assist in its review of the representations and the report. (3) If the Commission decides to hold a hearing, the Commission is to notify the Minister of that decision. (4) If the Commission decides not to hold a hearing, the Commission, within 14 days after making that decision, is to give written notice of that decision to – (a) the Minister; and (b) the Secretary; and (c) any person who has submitted a representation under section 25(1)(c) . (5) A hearing is to be conducted in accordance with Part 3 of the Tasmanian Planning Commission Act 1997 . (6) The Commission, as soon as practicable after receipt of the copies of the representations and the report of the Secretary forwarded under section 26 , is to notify by public notification – (a) the places at which copies of the representations and report are to be exhibited; and (b) the period during which they are to be exhibited; and (c) any other information that the Commission considers relevant. (7) At least one of the places referred to in subsection (6)(a) is to be near the area where the relevant water resource is located. 27A. Report of Commission (1) The Commission, within a period determined by the Minister, is to provide the Minister with – (a) a report of its review under section 27 ; and (b) copies of the representations and the report of the Secretary forwarded under section 26 . (2) As soon as practicable after the period referred to in subsection (1) , the Commission is to publish in the Gazette notice of – (a) the making of its report; and (b) the place where copies of its report are available for inspection by the public. 27B. Consideration of Commission's report (1) In considering the matters referred to in section 27A(1)(a) and (b) , the Minister is to have regard to the objectives of this Act. (2) The Minister may request the Secretary to submit for final approval – (a) an unaltered draft water management plan; or (b) a draft water management plan containing any alterations that the Minister thinks appropriate having regard to the matters specified in section 27A(1)(a) and (b) . Division 3 - Adoption and amendment of water management plans 28. Adoption of plan by Minister The Minister adopts a draft water management plan or amended draft water management plan by signing a certificate endorsed on the plan that he or she has adopted that plan and, on adoption, the draft water management plan or amended draft water management plan becomes a water management plan. 29. When do water management plans take effect? A water management plan or amended water management plan takes effect on the publication of a notice in the Gazette that the Minister has adopted the plan or amended plan. 30. . . . . . . . . 31. Interim water management plan (1) The Minister, by notice published in the Gazette, may declare that a draft water management plan referred to in a notice under section 25(1) is to have effect as an interim water management plan. (1A) The notice is not a statutory rule. (2) A notice under subsection (1) is to state the date on which the interim plan is to take effect. (3) An interim plan has the same effect as a plan adopted under section 28 . (4) An interim plan ceases to have effect on – (a) a date specified in a notice under subsection (1) for that purpose or, if no such date is specified, 12 months after the date on which it took effect; or (b) the date on which a water management plan in respect of the relevant water resource takes effect – whichever first occurs. 32. . . . . . . . . 33. Availability of water management plans The Secretary must make a water management plan prepared under this Division available for inspection and purchase. 34. Review and amendment of water management plans (1) After adoption by the Minister of a water management plan, the Secretary must review the plan, in accordance with the requirements specified in the plan, if any, or a direction under subsection (1A) or where it is necessary to do so to ensure the consistency of the plan with any relevant State policy. (1A) The Minister may direct the Secretary to review a water management plan if satisfied that it is necessary or desirable to do so owing to environmental, economic or other reasons relating to the water resource to which the water management plan relates. (2) In reviewing the plan, the Secretary – (a) must propose amendments (if any) that are required for the consistency of the plan with any relevant State policy; and (b) may propose such other amendments to the plan that the Secretary considers to be necessary or desirable to give effect to the objectives of this Act. (3) Subject to subsections (4) and (5) , the procedures provided by Division 2 for the preparation and adoption of a water management plan are to be followed when the plan is amended. (4) Where the only amendments to the plan are those referred to in subsection (2)(a) , it is not necessary to follow the procedures referred to in subsection (3) if – (a) the Secretary publishes a copy of the proposed amendments in a local newspaper together with a notice inviting members of the public to provide written representations on the proposed amendments within one month after publication of the notice; and (b) the Secretary considers all written representations received in accordance with the notice and makes a recommendation to the Minister on the proposed amendments; and (c) the Minister has regard to that recommendation before adopting the amendments. (5) The Minister may amend a water management plan in order to – (a) correct an error in the plan; or (b) make a change of form, not involving a change of substance, in the plan; or (c) give effect to amendments to the plan for the purposes of the consistency of the plan with a State policy or an order under section 26(6) or (8) , 26A or 26B of the State Policies and Projects Act 1993 – without following the procedures for amendment required by this Part. 35. Notice of water management plan (1) Within 14 days after a water management plan or amended water management plan takes effect, the Minister is to give written notice of that fact to – (a) the council of each municipal area with a relevant water resource; and (b) the persons, if any, who made representations on the plan or the relevant amendments. (2) The notice is to include details of any alteration made under section 27B(2)(b) . Division 4 - Implementation of water management plans 36. Implementation of plans (1) A water management plan has no effect unless it has been adopted by the Minister. (2) On the adoption of a water management plan by the Minister, the Minister must act consistently with the plan in undertaking duties under Parts 6 and 7 . (3) An Agency or water entity must act consistently with a water management plan in performing, under this or any other Act, functions that affect or may affect water resources to which the plan relates. 37. Application by water entity or landowners (1) Where a water management plan has been adopted under section 28 or an interim water management plan is in force, a water entity or a group of landowners may apply to the Minister for an order that the water entity or a proposed water entity is to be responsible for the administration of the whole or a part of the plan. (2) The application – (a) must be in accordance with section 12A ; and (b) is to be made jointly by persons who hold the majority of licences granted to take water from the water resource or water resources to which the plan relates; and (c) must recite an agreement by those persons to create a water entity; and (d) must include particulars of – (i) the water entity or proposed water entity; and (ii) the functions for which the water entity would be responsible; and (iii) the proposed arrangements for funding the water entity's administration. (3) . . . . . . . . (4) The Minister must give notice of the application – (a) in the Gazette and at least once in a local newspaper; and (b) to all licensees who may take water from the water resource or water resources to which the relevant water management plan relates. (5) The notice is to – (a) include full details of the application; and (b) invite written representations from any persons who may be affected by the application; and (c) state a period of at least 28 days from the publication of the notice in the Gazette, during which the representations may be made and the address to which they are to be sent. 38. Approval of application (1) Where, on an application under section 37 , the Minister is satisfied that approval of the application will assist in giving effect to the water management plan or in furthering the objectives of this Act, the Minister may, by order published in the Gazette, declare that the water entity or the proposed water entity is to be responsible for the administration of the whole or a part of the relevant water management plan. (1A) The order is not a statutory rule. (2) The declaration may be subject to conditions consistent with the plan or may be without conditions and, where the application is made by landowners, the declaration is to be conditional on the creation of the proposed water entity. (3) Approval of an application under section 37(1) that relates to a water resource in a hydro-electric district may be given only with the agreement of the relevant electricity entity and that agreement – (a) may not be unreasonably withheld; and (b) may be subject to reasonable conditions imposed by the electricity entity. (4) If the agreement is subject to any such conditions, the Minister must include those conditions in any declaration that he or she makes under this section. 39. Withdrawal of representation (1) A representation made under section 24 , 25 or 34 may be withdrawn, by notice in writing to the Secretary by the person who made it, at any time before the Secretary – (a) forwards a copy of the representation to the Commission under section 26 ; or (b) if applicable, makes a recommendation to the Minister under section 34(4)(b) . (2) A representation made under section 37 may be withdrawn by notice in writing to the Secretary by the person who made it at any time before the Minister makes a declaration under section 38(1) . (3) A person who withdraws a representation under this section is taken, for the purposes of this Act, as having not made the representation. 40. Notice of declaration Within 14 days after making a declaration under section 38 , the Minister must give written notice of the declaration and of any rights of review or appeal under Part 14 to – (a) the applicant; and (b) the council or councils in the municipal area or areas of which a relevant water resource is situated; and (c) if representations have been made in relation to the draft plan, any person who made them; and (d) any relevant electricity entity referred to in section 38(3) . 41. Notice of refusal of application Within 14 days after refusing an application under section 37 , the Minister must give written notice of the refusal and of any rights of review or appeal under Part 14 to the applicant. 42. Notice not required in certain circumstances Where – (a) a water management plan includes arrangements for a water entity to be responsible for the administration of the whole or a part of the plan; and (b) the arrangements proposed in an application under section 37(1) are consistent with the plan – a notice under section 37(4) is not required. 43. Approval of application by Minister Before making a decision on an application under section 37(1) , the Minister – (a) must consider any written representations made under section 37(5) ; and (b) may consult with any persons on the application. 44. Powers of water entities (1) For the purpose of the administration of a water management plan by a responsible water entity – (a) the entity may exercise any powers delegated under section 10 in accordance with any conditions imposed under section 38(2) ; and (b) the entity may, with the approval of the Minister, impose fees on the licensees affected by the plan so as to recover the cost of its administration of the plan. (2) The fees may include separate components for the various activities arising from the administration of the plan and the water entity may differentiate between licensees in charging for the different components. 45. Annual reports to Minister (1) During August in each year and at any other time when so required by the Minister, a responsible water entity must provide the Minister with a written report on its administration of a water management plan during the preceding period of 12 months. (2) The report is to include – (a) a full financial statement of all matters relating to the water entity's administration; and (b) details of all activities undertaken in discharging its responsibilities; and (c) such other information as the Minister may require for the purpose of ensuring the due administration of the water management plan. (3) The Minister may require that a prescribed fee is to be paid by a responsible water entity on providing the report. 46. Powers of Minister For the purpose of ensuring the due administration of a water management plan, the Minister may – (a) authorise the undertaking of surveys; and (b) authorise the taking of measurements and samples of water and any other material which may affect the quality of water; and (c) authorise the entry on land by persons approved by the Minister for any such purpose; and (d) require the responsible water entity to provide the Minister with information relating to any activity arising from, or for the purpose of, the plan. 47. Revocation of approval (1) In this section, transfer day means the day on which a notice under subsection (2) takes effect. (2) Where a responsible water entity – (a) fails to comply with a requirement to provide the Minister with the information relating to any activity arising from, or for the purpose of, a water management plan; or (b) contravenes a condition to which its administration of the plan is subject; or (c) otherwise fails to discharge its obligations under the plan – the Minister may, by notice published in the Gazette, revoke the approval for the water entity to administer the plan. (2A) The notice is not a statutory rule. (3) The notice may provide for the substitution of the Minister or any suitable water entity as the authority to administer the relevant water management plan, but without otherwise affecting the plan. (4) On the revocation, the Minister may recover from the responsible water entity as a debt due to the Crown any expense actually and reasonably incurred by the Minister in – (a) administering the plan as a result of the failure or contravention; or (b) making good any damage done by the water entity. (5) A notice under subsection (2) may provide that – (a) the property of the responsible water entity used in the administration of the water management plan vests in any other substituted water entity; and (b) the functions, powers and obligations of the responsible water entity relating to that administration are transferred to the other water entity; and (c) any legal proceedings relating to that administration pending immediately before the transfer day and which were instituted by, or against, the responsible water entity may be continued by or against the other water entity; and (d) any legal proceedings relating to that administration by, or against, the responsible water entity to enforce a right that had accrued, and was in existence, immediately before the transfer day may be commenced by or against the other water entity; and (e) a judgment or order of a court relating to that administration obtained before the transfer day by or against the responsible water entity may be enforced by or against the other water entity; and (f) a document relating to that administration addressed to the responsible water entity may be served on the other water entity; and (g) a contract relating to that administration made or entered into by the responsible water entity before the transfer day but not performed or discharged before that day is taken to have been made or entered into by the other water entity. PART 5 - Rights in respect of Water 48. Rights to take water (1) In this section – casual use of land means lawful use by persons or stock not normally resident on land which adjoins a watercourse or lake from which water is taken and includes camping, recreational use and use by travelling livestock; specified purpose means – (a) a domestic purpose; or (b) irrigation of a household garden; or (c) stock watering; or (d) firefighting; or (e) drilling under section 168 of the Mineral Resources Development Act 1995 ; tenement to which this section applies means – (a) a riparian tenement; and (b) land that would be a riparian tenement but for the existence of a Crown reserve not exceeding 20 metres in width between it and a watercourse or lake; and (c) land that would be a riparian tenement but for the existence of a Crown reserve exceeding 20 metres in width between it and a watercourse or lake where the Secretary of the responsible department in relation to the Crown Lands Act 1976 has, in writing, permitted the occupier of the land to take water across the reserve. (2) Subject to this Act – (a) a person who is an occupier of a tenement to which this section applies may take water from a watercourse or lake on, or adjoining, that tenement for a specified purpose; and (b) a person may, in casual use of land, take water from a watercourse or lake on, or adjoining, that land for a specified purpose.