Water Management (Well Works Permit Exemption) Order (No. 2) 2009 (Tas)

Water Management (Well Works Permit Exemption) Order (No. 2) 2009

I make the following order under section 135H(1) of the Water Management Act 1999 .

1 July 2009

D. E. LLEWELLYN

Minister for Primary Industries and Water

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.