Tasmanian Numbered Regulations

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WATER MANAGEMENT REGULATIONS 2009 (S.R. 2009, NO. 68) - SCHEDULE 4

- Infringement notice penalties and demerit points
SCHEDULE 4 - Infringement notice penalties and demerit points

Regulations 21 , 22 and 23

Column 1

Column 2

Column 3

Column 4

Column 5

Section of Act

Nature of offence

Maximum penalty under Act

Penalty in case of infringement notice

Demerit points

52

Taking water, except under section 48 of Act, to other's detriment

20 penalty units and a daily penalty of 2 penalty units

1 penalty unit

2

54(1)

Taking water without a licence

500 penalty units and a daily penalty of 50 penalty units

2.5 penalty units for first offence (but 5 penalty units for second offence within 12 months after first offence, 10 penalty units for third offence within 24 months after first offence)

Nil

61(1)

Failing to provide details of other person's financial interest in licence

10 penalty units

1 penalty unit

2

82(1)

Breaching licence

500 penalty units and a daily penalty of 50 penalty units

2.5 penalty units (but 5 penalty units for second offence within 12 months after first offence, 10 penalty units for third offence within 24 months after first offence)

4

92(4)

Contravening notice of water restrictions

500 penalty units and a daily penalty of 50 penalty units

2.5 penalty units (but 5 penalty units for second offence within 12 months after first offence, 10 penalty units for third offence within 24 months after first offence)

4

123A

Conveying water via watercourse without or in contravention of watercourse authority

500 penalty units and a daily penalty of 50 penalty units

2.5 penalty units (but 5 penalty units for second offence within 12 months after first offence, 10 penalty units for third offence within 24 months after first offence)

Nil

126(4)

Contravening a well order

20 penalty units and a daily penalty of 5 penalty units

4 penalty units and a daily penalty of 1 penalty unit

3

135(1)

Undertaking well works without a permit

200 penalty units and a daily penalty of 20 penalty units

8 penalty units for first offence and a daily penalty of 2 penalty units; 16 penalty units and a daily penalty of 4 penalty units for second offence within 12 months after first offence

4

135(2)

Failing to ensure well works are undertaken in accordance with a permit

200 penalty units and a daily penalty of 20 penalty units

8 penalty units for first offence and a daily penalty of 2 penalty units; 16 penalty units and a daily penalty of 4 penalty units for second offence within 12 months after first offence

4

136A(1)

Undertaking well works without a well driller's licence or supervision of a licence holder

200 penalty units and a daily penalty of 20 penalty units

1 penalty unit for first offence (but 2 penalty units for second offence within 12 months after first offence, 5 penalty units for third offence within 24 months after first offence)

4

136A(2)

Undertaking well works that are in contravention of the class of licence or endorsement on the licence

200 penalty units and a daily penalty of 20 penalty units

1 penalty unit for first offence (but 2 penalty units for second offence within 12 months after first offence, 5 penalty units for third offence within 24 months after first offence)

4

136D(4)

Contravening a condition on a well driller's licence

50 penalty units

1 penalty unit for first offence (but 2 penalty units for second offence within 12 months after first offence, 5 penalty units for third offence within 24 months after first offence)

2

136E(4)

Failing to produce licence for inspection

10 penalty units

0.5 penalty units

0.5

146(3)

Undertaking, or causing or permitting to be undertaken, dam works without or in contravention of permit

200 penalty units and a daily penalty of 20 penalty units

24 penalty units and a daily penalty of 2 penalty units for first offence; 48 penalty units and a daily penalty of 4 penalty units for second offence

Nil

146A

Contravening conditions of dam permit

200 penalty units and a daily penalty of 20 penalty units

24 penalty units and a daily penalty of 2 penalty units for first offence; 48 penalty units and a daily penalty of 4 penalty units for second offence

Nil

147(4)

Contravening notice for dam works

50 penalty units and a daily penalty of 5 penalty units

12 penalty units and a daily penalty of 1 penalty unit

Nil

148(3)

Obtaining dam permit by false representation or declaration

20 penalty units

1 penalty unit

Nil

165G

Maintaining and operating dam in way that causes environmental harm or endangers persons or property

500 penalty units and a daily penalty of 50 penalty units for a body corporate

25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for second offence

Nil

   

200 penalty units and a daily penalty of 20 penalty units for a natural person

10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for second offence

 

165H(2)

Failing to comply with requirement contained in Ministerial notice on dam safety

100 penalty units

10 penalty units and a daily penalty of 1 penalty unit

Nil

165I

Failing to report dam incident

100 penalty units

10 penalty units and a daily penalty of 1 penalty unit

Nil

165L(3)

Failing to comply with Ministerial direction relating to undertaking dam works, keeping records or providing plan of action

500 penalty units and a daily penalty of 50 penalty units for a body corporate

25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for second offence

Nil

   

200 penalty units and a daily penalty of 20 penalty units for a natural person

10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for second offence

 

165N(3)

Failing to comply with Ministerial notice to modify dam

500 penalty units and a daily penalty of 50 penalty units for a body corporate

25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for second offence

Nil

   

200 penalty units and a daily penalty of 20 penalty units for a natural person

10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for second offence

 

165P(2)

Failing to comply with Ministerial notice to ensure safety of dam

500 penalty units and a daily penalty of 50 penalty units for a body corporate

25 penalty units and a daily penalty of 2.5 penalty units for a body corporate for first offence; 50 penalty units and a daily penalty of 5 penalty units for second offence

Nil

   

200 penalty units and a daily penalty of 20 penalty units for a natural person

10 penalty units and a daily penalty of 1 penalty unit for a natural person for first offence; 20 penalty units and a daily penalty of 2 penalty units for second offence

 

182

Failing to provide annual or other required report to Minister

50 penalty units

1 penalty unit

Nil

199

Offences in connection with water district, as specified

50 penalty units

1 penalty unit

Nil

222

Failing to allow inspection, &c., of trust accounts

5 penalty units

0.5 penalty units

Nil

227(3)

Failing to comply with Ministerial notice directing person to install meter in respect of water resource

50 penalty units and a daily penalty of 5 penalty units

1 penalty unit

3

228(1)

Interfering with or injuring meter

50 penalty units and a daily penalty of 5 penalty units

1 penalty unit and a daily penalty of 0.5 penalty units

3

235(2)

Hindering person reading, &c., meter

5 penalty units

1 penalty unit

2

236

Failing to take reasonable measures to protect meter

10 penalty units and a daily penalty of 1 penalty unit

1 penalty unit

2

239

Failing to return identity card on ceasing to be authorised officer

5 penalty units

0.5 penalty units

Nil

246(2)

Failing to comply with direction of authorised officer

50 penalty units and a daily penalty of 5 penalty units

1 penalty unit and a daily penalty of 0.5 penalty units

4

280D

Failing to comply with water supply emergency direction by Minister

500 penalty units and a daily penalty of 10 penalty units

250 penalty units and a daily penalty of 10 penalty units

Nil

281(1)

Interfering with property of Minister or water entity

50 penalty units

1 penalty unit

3

281(2)

Interfering with infrastructure or other property of water entity

50 penalty units

1 penalty unit

3

281(3)

Interfering with property or infrastructure in contravention of condition of permission

50 penalty units

1 penalty unit

3

282(5)

Contravening Ministerial notice to prevent or make good damage caused in taking water

50 penalty units

1 penalty unit

4

283

Providing false or misleading information

50 penalty units

1 penalty unit

3

284

Hindering, &c., persons administering Act or misrepresenting self as authorised officer

50 penalty units

1 penalty unit

3



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