Water Management Regulations 2019

Water Management Regulations 2019

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Water Management Act 1999 .

C. WARNER

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for Primary Industries and Water

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Water Management Regulations 2019 .

2.   Commencement

These regulations take effect on 1 July 2019.

3.   Interpretation

In these regulations, unless the contrary intention appears –

Act means the Water Management Act 1999 ;

ADITC means the Australian Drilling Industry Training Committee Limited;

ADQ means the average daily quantity of water, expressed in ML rounded to 3 decimal places, permitted to be taken under a licence;

approved course means –

(a) the Drilling Industry Certification and Training Course prepared and assessed by the ADITC; or

(b) any course regulating the competence of well drillers that is approved by the NUDLC;

Australian well driller's licence means a licence, permit, accreditation or other kind of authority that –

(a) has been issued or granted by an entity that monitors or regulates well drillers or their activities in another State or in a Territory; and

(b) is not suspended or otherwise subject to any taint or limitation on its validity or authority;

class 1 licence means a class 1 licence referred to in regulation 13 ;

class 2 licence means a class 2 licence referred to in regulation 13 ;

class 3 licence means a class 3 licence referred to in regulation 13 ;

employee includes a person engaged under a contract for services;

field management fee means a fee payable under –

(a) regulation 6 or 7 ; or

(b) section 123E(1)(b) of the Act;

national qualifications means –

(a) for a class 1 licence or a class 2 licence, a Certificate III in the field of study, or discipline, of well construction or bore construction that is recognised within the Australian Qualifications Framework; or

(b) for a class 3 licence, a Certificate IV in the field of study, or discipline, of well construction or bore construction that is recognised within the Australian Qualifications Framework;

NUDLC means the National Uniform Drillers Licensing Committee;

quarter means a period of 3 months commencing on the first day of January, April, July or October in any year;

region means a region referred to in regulation 7(2)(a) .

PART 2 - Rights to Take Water

4.   Rights to take water

(1)  For section 48(5) of the Act, the amount of water that can be taken by a person under section 48(2) and section 48(4A) of the Act is –

(a) for a domestic purpose –

(i) a maximum of 440L per day for each dwelling on the relevant land; or

(ii) a maximum of 100L per day for each person who is an occupier of the land if there is no dwelling on the relevant land; or

(b) for irrigation of a household garden, a maximum of 0.6L per day for each square meter, but not exceeding 1 500L per day; or

(c) for watering cattle, a maximum of 90L per day for each head; or

(d) for watering horses, a maximum of 45L per day for each head; or

(e) for watering sheep, a maximum of 8.5L per day for each head; or

(f) for watering goats, a maximum of 8.5L per day for each head; or

(g) for watering pigs, a maximum of 20L per day for each head; or

(h) for watering chickens, a maximum of 3L per day for each 10 head; or

(i) for watering turkeys, 5.5L per day for each 10 head.

(2)  If an authorised officer is satisfied that water is to be taken into storage, he or she may permit a person to take a maximum of up to 7 times the amount of water specified in subregulation (1) in any period of 7 days.

PART 3 - Water licence fees

5.   Administrative fees

A licensee is to pay an annual administrative fee of 71.1 fee units.

6.   Field management fees

(1)  A licensee is to pay an annual field management fee in accordance with this regulation for a water allocation on a licence authorising the taking of water –

(a) into a dam constructed in or on a watercourse; and

(b) between 1 May and 30 November in any year (inclusive of both of those days).

(2)  Where –

(a) water is taken into a dam constructed in or on a watercourse; or

(b) there is more than one water allocation of a licence authorising the taking of water during the period referred to in subregulation (1) and at least one of the allocations is taken into a dam constructed in or on a watercourse –

the licensee is to pay an annual field management fee in accordance with the following table:

Region	1	2	3	4	5	6	7	8
Fee units	39.2	33.4	22.8	74.1	41.6	128.9	37.4	105.7

(3)  Where water is, in any case other than the case referred to in subregulation (2) , taken during the period referred to in subregulation (1) , the licensee is to pay an annual field management fee in accordance with the following table:

Region	1	2	3	4	5	6	7	8
Fee units	19.6	16.7	11.4	37.1	20.8	64.4	18.7	52.8

(4)  Where there is more than one water allocation of a licence authorising the taking of water as mentioned in subregulation (1) , only one annual field management fee is payable by the licensee and if the locations, for the taking of water in accordance with those water allocations, are not all situated in the one region referred to in the table, the fee payable is to be the fee that is the highest fee payable for a region in which one or more of those locations is situated.

(5)  For the purposes of this regulation, the annual field management fee that is payable, in accordance with a table to a subregulation in this regulation, for a water allocation on a licence authorising the taking of water is the amount, specified in the table, in relation to the region in which is situated the location, for the taking of water in accordance with the water allocation, that is identified on the licence to which the water allocation relates.

7.   Other field management fees

(1)  A licensee is to pay for a water allocation on a licence authorising the taking of water from a watercourse, except as mentioned elsewhere in this Part, an annual field management fee of the total of the various amounts payable in respect of each part of the relevant ADQ, as specified in the first column of Schedule 1 for the region in which is situated the location, for the taking of water, that is identified on the licence.

(2)  For the purposes of these regulations –

(a) the State is divided into 8 regions as delineated on Plan 5278 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Schedule 2 ; and

(b) each region is more particularly delineated on several plans in the Central Plan Register as is indicated for the regions on Plan 5278.

(3)  A licensee is to pay an annual field management fee of 66 fee units for a water allocation on a licence authorising the taking of water from groundwater.

8.   Multiple water allocations fees

(1)  If a licence has more than one water allocation, the fee payable under regulation 7 is whichever amount is the lesser of the following:

(a) the total of the annual field management fees payable for each allocation;

(b) the fee applicable to the total amount of water as if it were all a single allocation.

(2)  If a licence has a water allocation as mentioned in regulation 6(2) and a water allocation as mentioned in regulation 7 , the annual field management fee is one-half of the amount payable under regulation 6(2) together with the amount payable under regulation 7 .

(3)  If a licence has a water allocation authorising the taking of water –

(a) only during the period between 1 May and 30 November in any year (inclusive of both of those days); and

(b) except as mentioned in this Part –

the annual field management fee is the total amount payable under regulations 6(2) and 7 .

9.   Aquaculture, hydro-electricity generation, &c., fees

A licensee is to pay an annual fee of 247.5 fee units for a water allocation on a licence authorising the taking of water from a watercourse –

(a) for aquaculture; or

(b) for hydro-electricity generation; or

(c) for any similar purpose where the water is returned to the watercourse directly after use without significant diminution of the quantity of water taken.

10.   Water authorities fees

(1)  Each financial year, the Corporation is to pay the Minister a fee for a water allocation on a licence transferred to it by a Regional Corporation that was transferred to that Regional Corporation by a bulk water authority.

(2)  The amount of the fee is the lesser of the following amounts:

(a) the product of 26.38 fee units and the number of megalitres of water that the Corporation takes under the water allocation to supply to its customers during the relevant financial year (excluding any water that the Minister accepts is intended for irrigation);

(b) the prescribed maximum.

(3)  In this regulation –

bulk water authority means Hobart Water (ABN 95 327 914 139), Esk Water (ABN  41 913 557 456) and Cradle Coast Water (ABN 44 792 170 681);

Corporation has the same meaning as in the Water and Sewerage Corporation Act 2012 ;

CPI figure for Hobart means the Consumer Price Index: All Groups Index Number for Hobart published by the Australian Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth;

prescribed maximum means –

(a) for the financial year ending on 30 June 2019  – $2 672 200.00; and

(b) for the financial year ending on 30 June 2020  – $2 672 200.00 indexed in accordance with the average CPI figure for Hobart for the 4 quarters ending on 31 December 2019; and

(c) for a subsequent financial year, the prescribed maximum for the financial year ending on 30 June immediately preceding that subsequent financial year, indexed in accordance with the average CPI figure for Hobart for the 4 quarters ending on 31 December in that subsequent financial year;

Regional Corporation has the same meaning as in the Water and Sewerage Corporation Act 2012 .

11.   Miscellaneous fees

The fees specified in Schedule 3 are prescribed as the fees payable in respect of the miscellaneous matters to which they respectively relate.

12.   Fee rebates

A licensee is entitled to the following fee rebates:

(a) on an application fee under section 62 or 70 of the Act, a 70% rebate if, when the fee is paid –

(i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and

(ii) the average daily quantity of water that is authorised under the water allocations to be taken is less than or equal to 0.01ML;

(b) on an annual field management fee under regulation 6 or 7 , a 100% rebate if, when the fee is paid –

(i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and

(ii) the average daily quantity of water that is authorised under the water allocations to be taken is less than or equal to 0.01ML;

(c) on an administrative fee under regulation 5 , a 50% rebate if, when the fee is paid –

(i) the water allocations under the licence are exclusively for stock and domestic (but not commercial) use; and

(ii) the average daily quantity of water that is authorised under the water allocations to be taken is less than or equal to 0.01ML.

PART 4 - Well Drillers' Licences

13.   Licence classes

(1)  For the definition of class in section 136 of the Act, the following classes are prescribed:

(a) class 1 licence;

(b) class 2 licence;

(c) class 3 licence.

(2)  A class 1 licence authorises its holder to carry out drilling activities in single non-flowing aquifer systems.

(3)  A class 2 licence authorises its holder to carry out drilling activities in multiple non-flowing aquifer systems.

(4)  A class 3 licence authorises its holder to carry out drilling activities in non-flowing and flowing aquifer systems.

14.   Licence endorsements

(1)  For the definition of endorsement in section 136 of the Act, the following endorsements are prescribed:

(a) cable tool endorsement;

(b) auger endorsement;

(c) rotary air endorsement;

(d) rotary mud endorsement;

(e) non-drilling rig endorsement;

(f) sonic endorsement.

(2)  A cable tool endorsement authorises cable tool or cable percussion-drilling methods.

(3)  An auger endorsement authorises bucket auger, hollow-stem auger or solid-stem auger drilling methods.

(4)  A rotary air endorsement authorises rotary drilling methods with air as the drilling fluid.

(5)  A rotary mud endorsement authorises rotary drilling methods with water as either the drilling fluid or as the base for the drilling fluid.

(6)  A non-drilling rig endorsement authorises non-drilling rig methods, including –

(a) spear point construction; and

(b) hand digging, or the use of excavators or back-hoes, for the construction of wells, excavations and galleries.

(7)  A sonic endorsement authorises sonic drilling methods with an abrasive slurry that is made to vibrate at sonic frequencies.

15.   Class 1 licence competencies

(1)  For section 136C(2)(d) of the Act, the prescribed competencies for a class 1 licence are –

(a) the holding of an Australian well driller's licence that is, in terms of what it authorises, substantially equivalent to a class 1 licence; or

(b) the successful completion of an approved course, or of national qualifications for a class 1 licence, and having passed the driller’s licence examinations approved by the NUDLC and acquired basic field experience; or

(c) the successful completion of any course, regulating the competence of well drillers, that is approved by the NUDLC, and having passed the driller’s licence examinations approved by the NUDLC and acquired extended field experience.

(2)  In this regulation –

basic field experience, in relation to an applicant, means that the applicant has –

(a) experience in operating drilling machines in well-drilling operations over a period of at least six months; and

(b) personally drilled, under the supervision of the holder of a class 1 licence, at least 6 class 1 wells;

class 1 well means a well in a single non-flowing aquifer system;

extended field experience, in relation to an applicant, means that the applicant has –

(a) experience in operating drilling machines in well-drilling operations over a period of at least 12 months; and

(b) personally drilled, under the supervision of the holder of a class 1 licence, at least six class 1 wells.

16.   Class 2 licence competencies

(1)  For section 136C(2)(d) of the Act, the prescribed competencies for a class 2 licence are –

(a) the holding of an Australian well driller's licence that is, in terms of what it authorises, substantially equivalent to a class 2 licence; or

(b) the successful completion of an approved course, or of national qualifications for a class 2 licence, and having passed the driller’s licence examinations approved by the NUDLC and acquired basic field experience; or

(c) the holding of a class 1 licence, or the holding of the necessary qualifications and experience that are approved by the NUDLC for the purposes of holding a class 1 licence and having acquired intermediate field experience.

(2)  In this regulation –

basic field experience, in relation to an applicant, means that the applicant has –

(a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least six months; and

(b) personally drilled, under the supervision of the holder of a class 2 licence, at least six class 2 wells or personally drilled, under the supervision of the holder of a class 2 licence, at least six class 1 wells and at least three class 2 wells;

class 1 well means a well in a single non-flowing aquifer system;

class 2 well means a well in a multiple non-flowing aquifer system where the system requires the separation of one aquifer from another;

intermediate field experience, in relation to an applicant, means that the applicant has –

(a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least 12 months; and

(b) personally drilled at least six class 1 wells and, under the supervision of the holder of a class 2 licence, drilled at least three class 2 wells or, under the supervision of the holder of a class 2 licence, drilled at least six class 2 wells.

17.   Class 3 licence competencies

(1)  For section 136C(2)(d) of the Act, the prescribed competencies for a class 3 licence are –

(a) the holding of an Australian well driller's licence that is, in terms of what it authorises, substantially equivalent to a class 3 licence; or

(b) the holding of a class 2 licence for at least 12 months and the successful completion of an approved course, or of national qualifications for a class 3 licence, and having passed the driller’s licence examinations approved by the NUDLC and acquired intermediate field experience; or

(c) the holding of a class 2 licence for at least 12 months, or the holding of the necessary qualifications and experience to hold a class 3 licence, the successful completion of any course, regulating the competence of well drillers, that is approved by the NUDLC, and having acquired extended field experience.

(2)  In this regulation –

class 2 well means a well in a multiple non-flowing aquifer system where the system requires the separation of one aquifer from another;

class 3 well means a well in a flowing aquifer system;

extended field experience, in relation to an applicant, means that the applicant has –

(a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least 24 months; and

(b) personally drilled at least six class 2 wells; and

(c) personally drilled, under the supervision of the holder of a class 3 licence, at least three class 3 wells;

intermediate field experience, in relation to an applicant, means that the applicant has –

(a) experience in operating drilling machines in well-drilling operations (as an employee) over a period of at least 12 months; and

(b) personally drilled at least six class 2 wells; and

(c) personally drilled, under the supervision of the holder of a class 3 licence, at least three class 3 wells or personally drilled at least eight class 2 wells and personally drilled, under the supervision of the holder of a class 3 licence, at least one class 3 well.

18.   Licence conditions

For section 136D(2)(b) of the Act, a prescribed matter is that well-drilling activities should, as far as practicable, be carried out in accordance with the "Minimum Construction Requirements for Water Bores in Australia", as in force for the time being.

Note: The "Minimum Construction Requirements for Water Bores in Australia" is a document prepared by the National Minimum Bore Specifications Committee and is available for viewing on the Department's website.

PART 5 - Enforcement

Division 1 - Infringement notices

19.   Penalties on service of infringement notices

The penalties specified in column 4 of the table in Schedule 4 are prescribed as the penalties for offences committed under the Act where an infringement notice is served on the offender for the relevant offence.

Division 2 - Demerit points

20.   Allocation of demerit points for deemed conviction

(1)  For section 257 of the Act in its application to a deemed conviction for an offence against the Act, the licence is to be allocated the number of demerit points specified in column 5 of the table in Schedule 4 for the offence.

(2)  In this regulation –

deemed conviction means a conviction in accordance with section 20 of the Monetary Penalties Enforcement Act 2005 .

21.   Allocation of demerit points for court conviction

For section 257 of the Act, the court is to allocate to the licence the number of demerit points specified in column 5 of the table in Schedule 4 for the offence unless –

(a) the court is satisfied that, in view of mitigating circumstances, a lesser number of demerit points should be allocated; or

(b) the court has cancelled or suspended the licence under section 106(1) of the Act.

22.   Duration of demerit points

Demerit points remain in force for a period of 3 years.

23.   Suspension of licence

(1)  For the purposes of section 106(2) and section 136I(1)(e) of the Act –

(a) the prescribed number of demerit points is 12; and

(b) subject to section 136I(4) of the Act, a suspension of a licence is for a period of 3 months commencing on the date of conviction for the last of the relevant offences or the date of acceptance of the relevant infringement notice.

(2)  The period of suspension is not affected –

(a) by the fact that any of the demerit points would expire during that period of suspension; or

(b) by the date on which a licence is suspended being altered under section 259(4) of the Act.

(3)  The period of suspension cancels all demerit points on which it is based but does not affect any demerit points allocated for an offence committed during that period.

24.   Licences for limited periods

(1)  This regulation applies where it is a condition of a licence that water may be taken only during certain periods of the year.

(2)  If the date on which a suspension under this Division would commence is at a time when the relevant licence does not permit the taking of water, the period of suspension commences on the next day on which the licence would otherwise permit the taking of water.

(3)  If the period of suspension under this Division would not be completed before the end of the period during which the licence permits the taking of water, the balance of the period of suspension is carried forward so as to commence on the first day on which the licence would again permit the taking of water.

25.   Cancellation of licence

(1)  Where a licence has been suspended in a case to which regulation 23 refers and, within 3 years after the completion of the period of suspension, the licence would, but for this regulation, again be suspended under a section of the Act referred to in that regulation, the licence is taken to be cancelled.

(2)  Subregulation (1) does not apply in a case where there has been an absolute transfer of a licence under Division 4 of Part 6 of the Act since the previous period of suspension.

26.   Transfer of demerit points

A transfer of a licence as mentioned in section 262(1) of the Act does not affect the allocation of any demerit points to that licence or the period during which they remain in force.

PART 6 - Miscellaneous

27.   Trust rules

For section 205(2)(b) , section 206(1) and section 206A(3) of the Act, the prescribed requirements are that the rules of the trust should specify or provide for at least the following:

(a) the membership of the trust;

(b) the proceedings of the trust;

(c) the manner in which the powers and functions of the trust are to be exercised and performed;

(d) the methods of dispute resolution to be used by the trust to investigate, and attempt to negotiate a mutually acceptable solution to, a dispute between the trust and another person about the exercise of powers under the Act;

(e) the conduct of the business of the trust;

(f) the management of the water district or districts for which the trust is established;

(g) the keeping and use of the common seal;

(h) the execution of documents.

28.   Offsets

(1)  For the purposes of paragraph (a) of the definition of offset in section 138 of the Act , each of the following is prescribed:

(a) the establishment of a covenant on land;

(b) activities (which may be, but are not required to be, set out in a plan for the management of natural values) for the purpose of protecting or enhancing the natural values of land, including, but not limited to, the protection, restoration or revegetation of the land;

(c) the monitoring of natural values of land, including, but not limited to, undertaking surveys of natural values.

(2)  For the purposes of subregulation (1)(a) , a covenant includes, but is not limited to –

(a) a covenant in gross registered in accordance with the Conveyancing and Law of Property Act 1884 ; and

(b) a conservation covenant within the meaning of Part 5 of the Nature Conservation Act 2002 .

29.   Terms of review

(1)  For the purposes of section 165 of the Act, the terms of review, in accordance with which an annual review of the operation of administrative processes under Part 8 of the Act is to be conducted, are as specified in this regulation.

(2)  An annual review is to consist of a review of the operation of administrative processes undertaken, in the year to which the review relates, for the purposes of processing and determining applications for Division 3 permits under Part 8 of the Act.

(3)  An annual review is to begin within 90 days after an annual report is prepared in accordance with section 164ZN of the Act.

(4)  The following matters are to be considered by the Minister in an annual review:

(a) the reasons why particular administrative processes are performed in relation to applications for Division 3 permits under Part 8 of the Act and the determination of such applications;

(b) the simplicity, cost-effectiveness and timeliness of those administrative processes;

(c) what improvements, if any, may be made to those administrative processes.

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 .

31.   Expiry of regulations

These regulations expire one year after they take effect, inclusive of the day on which they take effect.

SCHEDULE 1 - Field management fees

Regulation 7(1)

SCHEDULE 2 - Index plan of regions

Regulation 7(2)(a)

SCHEDULE 3 - Fees

Regulation 11

PART 1 - Miscellaneous Fees

PART 2 - Additional fees for temporary water allocation

1.   Additional fee for temporary water allocations

The additional fee payable for a temporary water allocation from a water resource is to be calculated in accordance with the following formula:

where –

A is the fee payable;

B is the number of days during which water is required;

C is the total of the various amounts payable in respect of each part of the relevant ADQ as specified in the first column of the following table for the region in which the water resource of the person seeking a temporary water allocation lies.

Part of ADQ	Region 1	Region 2	Region 3	Region 4	Region 5	Region 6	Region 7	Region 8
less than or equal to 0.1 ML	66 fee units	66 fee units	66 fee units	66 fee units	66 fee units	66 fee units	66 fee units	66 fee units
more than 0.1 but less than or equal to 2.0 ML	66 plus 1 098 x (ADQ – 0.1) fee units	66 plus 561 x (ADQ – 0.1) fee units	66 plus 294.4 x (ADQ – 0.1) fee units	66 plus 1 147.5 x (ADQ – 0.1) fee units	66 plus 194.9 x (ADQ – 0.1) fee units	66 plus 207.1 x (ADQ – 0.1) fee units	66 plus 147.2 x (ADQ – 0.1) fee units	66 plus 724.4 x (ADQ – 0.1) fee units
more than 2.0 but less than or equal to 5.0 ML	2 152 plus 55 x (ADQ – 2) fee units	1 133 plus 28 x (ADQ – 2) fee units	625 plus 15 x (ADQ – 2) fee units	2 246.5 plus 57.4 x (ADQ – 2) fee units	436 plus 9.7 x (ADQ – 2) fee units	459.6 plus 10.4 x (ADQ – 2) fee units	345.6 plus 7.4 x (ADQ – 2) fee units	1 442.1 plus 36.2 x (ADQ – 2) fee units
more than 5.0 but less than or equal to 20 ML	2 317 plus 28 x (ADQ – 5) fee units	1 217 plus 14 x (ADQ – 5) fee units	669 plus 7 x (ADQ – 5) fee units	2 418.2 plus 28.7 x (ADQ – 5) fee units	465.3 plus 4.9 x (ADQ – 5) fee units	490.3 plus 5.2 x (ADQ – 5) fee units	367.4 plus 3.7 x (ADQ – 5) fee units	1 550.7 plus 18.1 x (ADQ – 5) fee units
more than 20 ML	2 728 plus 14 x (ADQ – 20) fee units	1 427 plus 7 x (ADQ – 20) fee units	780 plus 4 x (ADQ – 20) fee units	2 848.6 plus 14.3 x (ADQ – 20) fee units	538.3 plus 2.5 x (ADQ – 20) fee units	568.1 plus 2.5 x (ADQ – 20) fee units	422.6 plus 1.8 x (ADQ – 20) fee units	1 822.4 plus 9 x (ADQ – 20) fee units

SCHEDULE 4 - Infringement notice penalties and demerit points

Regulations 19 , 20 and 21

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 June 2019

These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) provide for a range of matters relating to the taking of water for the purposes of the Water Management Act 1999 ; and

(b) prescribe certain fees and entitlements to certain fee rebates for the purposes of that Act; and

(c) prescribe certain offences for which infringement notices may be issued and the penalties for those infringement notices; and

(d) are made consequentially on the repeal of the Water Management Regulations 2009 under section 11 of the Subordinate Legislation Act 1992 .