Tasmanian Numbered Regulations

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WATER MANAGEMENT REGULATIONS 2019 (S.R. 2019, NO. 37) - REG 30

Keeping of records and provision of information
(1)  A person who is, or was, entitled to a Division 4 permit in relation to dam works must keep the following records and information until the end of the period of 5 years commencing on the day on which the dam works are completed:
(a) any surveys in relation to the dam works;
(b) any design plans in relation to the dam works;
(c) any reports, in relation to the dam works, that are obtained by the person;
(d) any other information, contained in a document (including an electronic document) that has been prepared or obtained by the person and is relevant in determining whether the person is or was entitled to a Division 4 permit in relation to the dam works.
Penalty:  Fine not exceeding 100 penalty units.
(2)  A person who is, or has been, the holder of a licence must keep, until the end of the period of 5 years after taking water under the licence, records of the quantity of water taken under the licence.
Penalty:  Fine not exceeding 100 penalty units.
(3)  A person, at the request of an authorised officer, must provide to the authorised officer a copy of any records and information that the person is required to keep under subregulation (1) or (2) .
Penalty:  Fine not exceeding 100 penalty units.
(4)  The penalty applicable in respect of an offence against subregulation (3) that is specified in an infringement notice served on a person is –
(a) 2.5 penalty units; or
(b) if the offence is the second offence against the subregulation that is committed by the person within a 12-month period – 5 penalty units; or
(c) if the offence is the third offence against the subregulation that is committed by the person within a 24-month period – 10 penalty units.
(5)  An owner or occupier of land who is, or has been, taking groundwater from the land for a purpose, other than a specified purpose, must keep, until the end of the period of 5 years after taking groundwater from the land, records of the quantity of groundwater taken.
Penalty:  Fine not exceeding 25 penalty units.
(6)  An owner or occupier of land who is, or has been, taking groundwater from a well on the land for any purpose must keep, until the end of the period of 5 years after taking the groundwater from the well, records of –
(a) the operational status of the well; and
(b) the purpose for which groundwater is, or has been, taken from the well; and
(c) the capacity of any equipment used to the take the groundwater from the well; and
(d) the quantity of groundwater taken from the well.
Penalty:  Fine not exceeding 25 penalty units.
(7)  An owner or occupier of land referred to in subregulation (5) or (6) , at the request of an authorised officer, must provide to the authorised officer a copy of any records that the owner or occupier of the land is required to keep under subregulation (5) or (6) .
Penalty:  Fine not exceeding 25 penalty units.
(8)  In this regulation –
specified purpose , in relation to the taking of groundwater from land, means the taking of groundwater –
(a) for a domestic purpose, provided the amount of groundwater taken does not exceed the amount that can be taken for a domestic purpose under regulation 4(1)(a) ; or
(b) for the irrigation of a household garden, provided the amount of groundwater taken does not exceed the amount that can be taken for the irrigation of a household garden under regulation 4(1)(b) ; or
(c) for watering cattle, provided the amount of groundwater taken does not exceed the amount that can be taken for watering cattle under regulation 4(1)(c) ; or
(d) for watering horses, provided the amount of groundwater taken does not exceed the amount that can be taken for watering horses under regulation 4(1)(d) ; or
(e) for watering sheep, provided the amount of groundwater taken does not exceed the amount that can be taken for watering sheep under regulation 4(1)(e) ; or
(f) for watering goats, provided the amount of groundwater taken does not exceed the amount that can be taken for watering goats under regulation 4(1)(f) ; or
(g) for watering pigs, provided the amount of groundwater taken does not exceed the amount that can be taken for watering pigs under regulation 4(1)(g) ; or
(h) for watering chickens, provided the amount of groundwater taken does not exceed the amount that can be taken for watering chickens under regulation 4(1)(h) ; or
(i) for watering turkeys, provided the amount of groundwater taken does not exceed the amount that can be taken for watering turkeys under regulation 4(1)(i) ; or
(j) for firefighting; or
(k) for drilling under section 168 of the Mineral Resources Development Act 1995 .



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