There are several laws, initiatives and cooperative agreements that ensure Tasmania’s water resources are managed sustainably now and into the future.
Water Management Act 1999
The Water Management Act 1999 provides a legal framework for the management of Tasmania’s freshwater resources. The Act supports the use and management of water resources and recognises the need to: - Promote sustainable use and facilitate economic development of water resources;
- 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;
- Maintain ecological processes and genetic diversity for aquatic and riparian ecosystems;
- Provide for the fair, orderly and efficient allocation of water resources to meet the community's needs;
- Increase the community's understanding of aquatic ecosystems and the need to use and manage water in a sustainable and cost-efficient manner; and
- Encourage community involvement in water resources management.
Regulations under the Water Management Act
To assist with the implementation of the Water Management Act 1999, regulations are made. These three regulations are:
Water Management Regulations 2019. This regulation set limits on the taking of water for specific uses and set fees for water licences. It also covers the requirements for well drillers licences, and set fines for breach of, or failure to comply with, any regulations.
Irrigation Clauses Act 1973
The Irrigation Clauses Act 1973 provides the statutory basis for the construction, operation and funding of irrigation schemes by a responsible water entity and for the development, operation and funding of all irrigation schemes in Tasmania. The Act also provides for the supply of water for irrigation under the system of irrigation rights or general availability, and for the transfer of irrigation rights. In particular, the Act provides for: - waterworks,
- water allocations within the irrigation scheme,
- meters,
- and the protection of water quality and the prevention of wasteful use.
The Irrigation Clauses Act 1973 applies to irrigation districts that are set up under the Water Management Act 1999.
Water Miscellaneous Amendments (Delegation and Industrial Water Supply) Act 2023
The Water Miscellaneous Amendments (Delegation and Industrial Water Supply) Bill 2023 has passed through Parliament, supporting the following Government priorities:
- enable undertakers, such as Tasmanian Irrigation, to enter into contracts for the supply of water for industrial use for hydrogen production,
- and address the Government’s policy to facilitate community management of publicly owned irrigation schemes, where feasible and appropriate by providing a capability for Tasmanian Irrigation (or other responsible irrigation entities) to delegate specific functions and powers to an irrigator body.
The Bill passed the House of Assembly on 1 November 2023, and passed the Legislative Council with amendments on 14 November 2023.
The Water Miscellaneous Amendments (Delegation and Industrial Water Supply) Act 2023 can be viewed here: Tasmanian Legislation. Public Submissions
Public comment was invited on the draft Water Miscellaneous Amendments (Delegation and Industrial Water Supply) Bill 2023. Submissions closed on 8 August 2023.
A summary of submissions was compiled to provide an overview of the feedback received. This summary is not intended to reflect the Tasmanian Government position on the Bill, nor is it intended to exhaustively represent the views of the submissions on the draft Water Miscellaneous Amendments (Delegation and Industrial Water Supply) Bill 2023 from individuals or organisations.
The Water and Sewerage Industry Act 2008 and Water and Sewerage Corporations Act 2012 are the legislation for the Urban Water and Sewerage Sector.
The Urban Drainage Act 2013 is Tasmania's primary legislation governing the provision of urban stormwater drainage services by local councils.
Environmental Management and Pollution Control Act 1994
The Environmental Management and Pollution Control Act 1994 is the primary environmental protection legislation in Tasmania. To find out more, visit the Environmental Protection Agency website.