Water & Water Catchment Laws

Throughout the 1900s, lack of water management resulted in extensive pollution and degradation of Tasmania's inland waterways and estuaries, and numerous related problems. There was previously little integration of water management in the state, no guiding policy, too many water managers, little accountability and virtually no opportunity for public input.

However, in 1999 the Water Management Act was passed in order to bring water management into the Resource Management and Planning System and to comply with the nationwide COAG agreements on water policy.

The Act encourages sustainable use of water, and provides mechanisms to protect the health of Tasmania’s valuable freshwater resources, including all dispersed surface water, all water in watercourses, lakes, wetlands and groundwater resources. The Act also allows the Minister to control the taking and use of water from declared tidal areas.

• It establishes a consistent system of water licensing and allocations. All water users must comply with the licensing regime, including major water users such as councils and Hydro Tasmania (who have a special licence for hydro-generation).

• It separates water entitlements from land titles. This allows water licences and allocations to be transferred.

• It provides for the development of Water Management Plans (see below).

• It establishes mechanisms to ensure enough water is available for the natural environment (Environmental Flows);

• It sets out the procedures for dealing with applications for dam permits.

• It creates Water Districts.

• It provides opportunities for the community to have a say in water management issues.

The overseeing of water management in Tasmania is generally handled by the Water Resources Division of DPIPWE. All other agencies that are involved with water management are accountable to this department. Other agencies include:

• the Environment Division plays a major role because it is generally responsible for environmental protection, including water pollution. It administers and enforces the Environmental Management and Pollution Control Act and the State Policy on Water Quality Management.
  (☛ Go to Chapter 4 & 5 for details.

• The Department of Health and Human Services is responsible for regulating the quality of drinking water under the Public Health Act 1997.

• The Rivers and Water Supply Commission is a government business organisation (GBO) that manages government-owned water irrigation schemes and major projects such as the Meander Dam.

• The independent Tasmanian Planning Commission has the role of investigating and approving Water Management Plans for Tasmania's water resources.

Yes. Water management is of vital importance to the health of our rivers and to the whole community, including landowners, farmers, fishing enthusiasts… anyone who drinks water, for that matter! As you will see below, the Water Management Act provides opportunities for public involvement in the development of water policies, appeals against dam permits and civil enforcement to make sure that the Act is complied with.

If you have an interest in water management, it is a good idea to get involved early and have your say while water management policies and practices are progressively implemented. Look out for public notices inviting public input.

• Click HERE to see policies that are available for public comment at DPIPWE.

• Click HERE to see the status of Water Management Plans at the Planning Commission.

All rights to the use of water are vested in the Crown.

Tasmanian State Policies have an important role in environmental protection. The State Policy on Water Quality Management identifies activities which may impact on various water resources and provides guidance about managing these activities, such as setting emission limits for pollution discharged to watercourses.

Agencies using and managing water resources must make sure that their activities do not compromise the water quality objectives and protected environmental values set out under the State Policy on Water Quality Management.

☛ Click HERE to download the Policy.

The State Policy has been subject to a 10 year review. The EPA Division recently released its Response to Public Submissions and Preferred Options Paper

The Water Management Act provides for Water Management Plans to be developed for each of Tasmania’s 48 catchment areas.

To date, Water Management Plans have been finalised for the following catchments:

• Greater Forester
• Mersey
• River Clyde
• Lakes Sorell and Crescent
• Little Swanport

At the date of writing, preliminary documents have also been released in relation to the Ringarooma Catchment.

Water Management Plans determine how a water resource or group of water resources will be used and looked after.

• a clear statement of the community’s environmental, social and economic objectives for the particular water resources;

• a description of the water management regime that best gives effect to these objectives. This may include limits to water allocation in order to guarantee the volume and timing of water that is needed to sustain natural ecosystems. The plan should also for ongoing monitoring and review to see if the management regime IS achieving its objectives; and

• an assessment of the potential detrimental impacts on water quality.

Plans may also provide for water allocations and licensing (including conditions for transferring allocations) and specify issues to be considered when assessing applications for dam permits. A water management plan should also set out measures to mitigate possible impacts resulting from the taking of water.

The development of these plans is obviously very important to the general public, especially for water users. They are also very important for environmental protection, because they set out the Minimum Environmental Flows which are guaranteed under the Act.

Once approved, the Water Management Plan for each particular area becomes ‘statutory’ (has force of law under the Act) and is binding on water managers.

The process for preparing and implementing Water Management Plans is detailed in Part 4 of the Water Management Act
(☞ click HERE to see).
(Figure 1 below gives a graphic outline.)

The WMPs are required to be developed in consultation with catchment communities. Typically, about 40 local stakeholders are involved in their development – including commercial water users, council officers and local community members.

The Plans must be consistent with the Objectives of the Water Management Act - which include the primary Objectives of the Resource Management and Planning System.

They must also be consistent with the State Policy on Water Quality Management 1997
(☞ Click HERE to download).

To assist with the development of Water Management Plans there is also a “Generic Principles for Water Management Planning”. This provides guidance on a number of matters that are common to most catchments. These matters include how community consultation is carried out, what water resources are included in the plan, water quality issues that must be considered when assessing applications, licensing provisions for stock and domestic use and useful measures to monitor the implementation of the Plan.
(☞ Click HERE to download the Generic Principles)

Once a draft Water Management Plan has been developed, the public will be invited to make submissions about the draft plan. This is an excellent opportunity to have a say in how water resources in your area are managed, so keep an eye out for public notices advertising the draft management plan.

Draft Water Management Plans, including any submissions made by the public, are then reviewed by the Resource Planning and Development Commission. The Commission may hold a public hearing before deciding whether to approve the plan.

☞ You can see current Draft Water Management Plans at the RPDC's website (click HERE to see.)

It is necessary to ensure adequate river flows in order to maintain or improve the ecological health of our rivers. Minimum Flows are therefore legally protected by the Act.

Minimum flow levels for each river/stream are determined by the Water Management Plan being established for that system. Once established, water managers will then be responsible and accountable for ensuring that these flows are maintained.

The Water for Ecosystems Policy (Water Resources Policy #2001/1) provides guidance on how minimum environmental flows are assessed for a range of different scenarios in stressed and unstressed aquatic ecosystems. It is used for the purposes of water planning and for day-to-day management decisions in catchments that do not have water management plans.
Click HERE to download this policy.

An issue of public concern is whether or not the declared minimum flow for any particular river or stream will be high enough to sustain or improve river health. Concerned citizens should therefore make sure they have their say in the early stages, to ensure that the required minimum flows for their local river system are adequate.

Wetlands are dealt with as are any other water resources. The Minister can direct that a draft water management plan is to be developed for any water course, including a wetland area. All management and planning decisions affecting wetlands should also have regard to the Tasmanian Wetland Strategy.

The Wetlands & Waterways Works Manual also provides guidelines for work undertaken in wetlands.

Figure 1 Water Management Planning process

A number of years ago, a State Policy on Integrated Catchment Management was proposed in Tasmania. However, the policy was never formalised. Though catchment-based approaches are adopted in the water management planning process, catchment management is still under-developed and ad hoc in Tasmania. Relevant issues are dealt with through Water Management Plans, the Natural Resource Management Strategy, soil and salinity risk assessment programmes and Planning Schemes.

Tasmania would benefit from a more consistent approach to integrated catchment management. The current review of the Natural Resource Management Framework provides an opportunity to develop such an approach.

Under previous legislation, Water Rights were legally annexed to the land and could be transferred only with the land title. This made it difficult to obtain water rights unless you were lucky enough to be buying a property with a pre-existing water right attached.

Water rights are now no longer attached to land titles, but are ‘owned’ by a person. DPIPWE has the power to grant water licences to any person to take water from rivers and lakes and this water right can be traded (for example, to another landowner). But if you want to sell your water right, the sale is subject to approval from DPIPWE.

Under common law landowners have long enjoyed what is called riparian rights – the right of free access to water in rivers and lakes flowing within their property or along its boundary.

Under Part 5 (LINK) of the Water Management Act, specified people may still take water without needing a licence (known as “Part 5 rights”). Riparian or ‘quasi-riparian' landowners, as well as casual users of land, may take water from watercourses and lakes for human consumption, domestic purposes, stock watering and fire fighting (“riparian rights”). In addition, electricity generation for private use is permitted where this does not adversely affect other users or the environment.

A landowner can take groundwater or dispersed surface water from their land for any purpose.

Recently, the Water Management Regulations 2009 introduced restrictions on some riparian water uses. For example, domestic use is limited to 440L per day for each dwelling and a maximum of 90L per head of cattle is available to water. DPIPWE may also introduce other restrictions to regulate water usage where it is necessary to ensure water is used equitably and sustainably.

Subject to some exemptions, anyone who takes water for agricultural or commercial purposes must have a Water Licence. A water licence enables the holder to take an allocated quantity of water from a named water course.

Councils and government-owned agencies such as Hydro Tasmania are also subject to the Act and must apply for water licences.

Water licences are to be granted only when it has been determined that the proposed taking is not likely to cause environmental harm or adversely impact other people who use the watercourse or downstream commercial operations (such as oyster farms). Water licences are normally issued for ten years, but can be periodically renewed.

Section 56 of the Act empowers the Minister to specify the conditions under which water can be taken. Conditions can be imposed to manage environmental impacts; including impacts on water dependent ecosystems, deterioration of water quality, soil waterlogging, increased salinity and erosion, delivery constraints, destabilisation of bed and banks of a river or impacts on other water users.

Any person who takes water from a watercourse or a declared tidal area without a licence, in greater quantity than the licence permits, or in breach of the licence conditions or the Water Management Plan commits an offence.

Whether you have a water licence or not, it is an offence to take water if doing so leads to material or serious environmental harm.

Sometimes there will not be sufficient water available for everyone with a licence to take water from the watercourse (for example, during a drought). In these situations, the Minister can impose restrictions on water use, according to a hierarchy of priority uses set out in the Water Management Act.

Essential purposes, such as town water and watering livestock, have first priority. Preserving environmental values has second priority. All other uses, such as irrigation and commercial uses, can be subjected to restrictions of water supply in order to guarantee adequate supplies for the two priority purposes.

Under Part 6A of the Water Management Act, a person cannot transfer water taken from another source, or stored (for example, in a dam) via a natural watercourse without authority from the Minister. The Minister will grant an authority to transport water from another source via a watercourse if she or he is satisfied that the water will not cause environmental harm, significantly impact on other users or adjoining landowners, and will not affect public safety.

Entities specified in the Water Management (Watercourse Authority Exemption) Order 2009 do not require an authority to convey water in a watercourse. These entities include councils, Hydro Tasmania and water corporations.

A permit is also generally required if you undertake any activity that may affect the natural flow of water in a watercourse or lake or of surface water, or adversely affects the water resource (including a groundwater resource) or ecosystems associated with that water resource.

An authorised officer can serve a Water Infringement Notice on a person who has committed an offence under the Act (see Part 13 and Schedule 5 of the Water Management Regulations 1999). Water Infringement Notices generally impose a fine and demerit points.

Offenders who disregard an infringement notice may be prosecuted.

Any person taking water is required to take reasonable steps to prevent damage to the relevant water resource or associated ecosystems. The Minister may direct a person to rectify any damage so caused. Contravention of such a direction is a punishable offence.

If a licensee accrues a prescribed number of demerit points (currently 12), their water licence can be suspended or cancelled.

The Minister can also suspend or cancel a water licence if the licensee is convicted of an offence under EMPCA (see below) or fails to pay licence fees.

The Minister or a local council can initiate a prosecution against any person who does not comply with a provision of the Act, or the conditions of a permit.

The court can impose a fine (the maximum penalty is currently $65,000), or order that a water licence be varied, suspended or cancelled.

Where a person engages in an activity that contravenes this Act or has refused to take action required by the Act, the Minister, a municipal council or any other person with leave (permission) of the Tribunal may apply to the Resource Management and Planning Appeal Tribunal for an order. (☛ Go to Chapter 14 for information about taking action in the Tribunal.)

After a hearing of the matter, the Tribunal may issue an order to:

• require the person cease the activity temporarily or permanently; or

• preclude the person from carrying out any use or development in relation to relevant land; or

• require the person to make good any relevant injury, loss or damage resulting from the contravention.

The Tribunal may also issue a temporary order to restrict an activity during a hearing on an application for an order.

Contravention of an order issued by the Tribunal may result in a fine of up to $65,000. In addition, the government can do any work required by the order to fix damage caused by the breach and recover the cost of the work from the person who contravened the order.

• Chemical spraying (chapter 10)
• Enforcing environment protection laws (chapter 6)
• inland fisheries (chapter 9)

A person causing 'environmental harm' can be restrained under section 48 of the Environmental Management and Pollution Control Act and can also be prosecuted under that Act.] (☛ click HERE to see how).

An infringement notice may be issued under the Public Health Act 1997 for failure to register as a user or supplier of private water. A person may also be prosecuted for failure to comply with an order of the Director of Public Health relating to water quality and fined up to $6,500.
(☛ Go to Chapter 6 for further information.)

An “interested person” may challenge a prescribed decision that has been made under the Water Management Act through two avenues:

• You can applying to the Minister for a review of the decision

To do this, write to the Minister requesting a review and explaining why you think that the original decision was incorrect.

• You can appeal to the Resource Management and Planning Appeal Tribunal

☛ go to Chapter 14 to see how to do this

Both applications must be made within 14 days of the decision that you would like to challenge.

(Interested person” generally means: a person who is directly affected by a decision, but you will need to check Section 270 of the Act to see if you fall within the definition)

You may also consider applying to the Supreme Court (LINK) for judicial review of the decision . Applications for judicial review must be made within 28 days of the date of the relevant decision.

• Immediately notify the Water Management Branch of DPIPWE, giving details of the breach. Ph: 1300 368 550

• If pollution is an issue, also phone 1800 005 171 (pollution hotline).
  ☛ Go to Chapter 6 for information about what to do if there is a problem with water pollution.

• If public health is an issue, also phone 1800 671 738 (health hotline).

• If necessary, consider initiating legal action yourself.
  ☛ Go to Chapters 13 and 14 for general information about taking action.

Irrigation can have significant impacts on the natural environment – including pollution of water courses, soil degradation, salinity and water-logging. These problems are accelerating year-by-year as the demand for irrigation is rapidly increasing.

There are around 5,700 registered dams in Tasmania and between 9,000 and 10,000 bores and wells.

Less than 10% of irrigation water is sourced from publicly owned infrastructure. The vast majority of irrigation water is sourced from unregulated streams or on-farm storages utilising private infrastructure.

The Water Management Act provides for the establishment of ‘irrigation districts’. These are administered by a ‘responsible water entity’ – such as a Government Business Enterprise, a council, a company or a co-operative.

The Irrigation Clauses Act 1973 provides a legal basis for the construction, operation and funding of irrigation schemes by a responsible water entity and also the supply and trading of irrigation water.

• Cressy-Longford Irrigation Scheme;
• Winnaleah Irrigation Scheme;
• South-East Irrigation Scheme;
• Clyde Irrigation District;
• Lake Leake/ Elizabeth/Macquarie River Irrigation District; and
• Tooms Lake/ Macquarie River Irrigation District.

Each scheme holds a bulk water licence under the Water Management Act, but users within the scheme are subject to the provisions of the Irrigation Clauses Act. Each scheme provides water for a defined Irrigation Scheme District and each property within that district is granted an irrigation right.

As discussed above, water rights are now ‘personal’ property and are not attached to land titles. Therefore, you may need to get a water licence to carry out irrigation activities on your property – either by applying for a licence, or buying a water allocation from someone else.

Temporary water rights are also available for occasions when rivers and streams contain excess water. These rights are, however, limited and are not suitable for long term irrigation practices.

Any irrigation scheme using recycled water (such as greywater) must comply with environmental and health legislation, including the State Policy on Water Quality Management (LINK). You should make sure that your irrigation scheme complies with the Environmental Guidelines for the Use of Recycled Water in Tasmania (LINK).

To avoid the risk of prosecution, if you have any doubt about whether or not you can take water and if so, how much, contact the Water Resources Division of DPIPWE.

The construction of dams and weirs in Tasmania are not generally subject to the normal planning approval processes that apply to most other developments (☞ as described in Chapter 5).

Instead, Part 8 of the Water Management Act contains special provisions for assessing an application for a dam structure, as outlined below.

With a few exceptions, it is an offence to build a dam or weir without approval. You could also be prosecuted for environmental harm resulting from your unlawful construction or use of a dam or weir. So it is essential to gain any necessary approvals and advice beforehand. You can contact a regional water manager for advice (☞ see contacts at end of this chapter).

Generally, a dam or weir can be considered to be a ‘permitted development’ on land that is zoned rural, so you may not be required to get normal planning approval. However, in the first instance, you should contact your local council to see if you require a permit under the council’s planning scheme. (☞ Go to Chapter 5 for details).

A statutory committee, the Assessment Committee for Dam Construction, is specifically responsible for assessing applications for the construction of dams. To make an application, just contact your Regional Water Manager – see under Contacts, below.

A dam permit is required for all dams, except in the following circumstances:

• The dam is on a watercourse that will hold less than 1 megalitre of water; or

• The dam is constructed for the primary purpose of storing waste, in which case an approval from the Environment Protection Authority will be required; or

• To construct an emergency temporary levee or bank during flood.

If you build a dam without a permit, or fail to comply with the conditions of a dam permit, you could be prosecuted and fined up to $26,000.

The Water Resources Division provides technical resources and support to the Committee. The Committee can delegate the assessment of some dam permit applications to the Water Resources Division, provided the proposed dam will not have a significant adverse impact on another person, cause material or serious environmental harm or be located within a pipeline planning corridor.

Depending on the scale and potential environmental impact of the proposed dam, one of the following assessment procedures will be followed:

• The standard approvals process
  for the majority of applications.

• The enhanced approvals process
  for dam proposals that are expected to have significant potential environmental impacts
  and/or significant issues raised in representations.

If the Committee believes that a proposed dam is not likely to have a significant adverse impact on another person or cause material or serious environmental harm, the standard approval process will apply. The dam permit application is not publicly advertised and the Committee can delegate its assessment and approval powers to the Water Resources Division.

Where the proposed dam or weir is considered likely to have significant local environmental effects, including on threatened species or Aboriginal Heritage, the enhanced approval process will be followed. Notice of the dam permit application is publicly advertised and any concerned members of the public can make a representation within a 14 day period. If the proposed dam has the potential to create a significant environmental impact then an Environmental Impact Assessment may be required before the Committee makes its decision.

In making its decision, the Assessment Committee must have regard to the objectives of the Act (including the RMPS objectives), any water management plan, matters raised in representations, the effect of the dam on water flows and dam safety. Issues that you could raise in a representation include the impact of the dam on fish passage in the watercourse, future use of water for agriculture and forestry, effects on land drainage and potential damage to cultivated pastures, forests, fisheries, riparian vegetation and local scenery.

If you made a representation, you can appeal against the Committee’s decision in the Tribunal (☞ see Chapter 14). However, the Act has recently been amended to significantly restrict grounds of appeal. You can now only appeal on the grounds that the approval process did not follow the correct procedure or was unfair. You cannot appeal on the grounds any technical information taken into account or technical finding of the Committee was incorrect.

In some situations, the Inland Fisheries Service may require the owner of a dam placed across a river to make a 'fish-pass' if the dam does not allow the free passage of fish. If the owner fails to create a 'fish-pass' the Inland Fisheries Service has the authority either to do the work or have the work done.

For explanatory information about Tasmania’s water regulations,
including fact sheets, go to this comprehensive departmental website

For first hand advice phone your local Regional Water Manager.
They will also process any application for new farm dam.

 	Southern areas: 	6233 6157 	0417 308 608 
 	South Esk: 	 	6336 2513	0418 144 352
 	Pipers-Ringarooma:	6336 5377	0419 375 049
 	Meander: 	 	6421 7628	0418 547 846
 	Mersey Forth	 	6421 7621	0418 389 188
 	Arthur Pieman:	 	6452 1233	0418 993 823
 	Inglis-Cam:	 	6434 5427	0417 305 648

• Water Resources Division: (Department of Primary Industries, Parks, Water & Environment)
  GPO Box 44A, Hobart 7001 Ph 6233 8011

• The Director of Public Health: (Department of Health and Human Services)
  GPO Box 125B Hobart 7001 Ph: 6233 3762

• Environmental Health Service Hotline
  1800 671 738 (24 Hours)

• Rivers and Water Supply Commission:
  1st Floor, 63 Salamanca Place Hobart, Hobart 7000 Ph: 03 6233 6891

• Parks and Wildlife Service:
  134 Macquarie Street, Hobart GPO Box 44A, Hobart 7001
  Ph: 6233 5732 Fax: 6233 3477. Launceston: Ph: 6336 5312. Email: <interps@tas.gov.au/>

• Tasmanian Farmers and Graziers Association: (Website)
  196 Cimitiere Street, Launceston 7250
  Ph: 6331 6377

• Landcare:
  North: Ph: 6336 5405 South: Ph: 6254 1333

• Water Management Act 1999

• Water Management Regulations 1999

• State Policy on Water Quality Management 1997

• Rivers and Water Supply Commission Act 1999

• State Policy on Integrated Catchment Management

• Environmental Management and Pollution Control Act 1994

• Land Use Planning and Approvals Act 1993

• Irrigation Clauses Act 1973

• Inland Fisheries Act 1995

• Primary Industry Rural Activities Protection Act 1995

• Public Health Act 1997

You can download the above Acts from www.thelaw.tas.gov.au/

Section 6 - WATER MANAGEMENT ACT 1999

PART 2 - 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.