Water Management Act 1999

In this section – clearance and conversion, of a threatened native vegetation community, has the same meaning as in the Forest Practices Act 1985; clearing of trees has the same meaning as in the Forest Practices Act 1985; conservation covenant has the same meaning as in Part 5 of the Nature Conservation Act 2002; declared works means specific dam works, or dam works of a class, declared by the Minister under subsection (4) to be works which require a Division 3 permit; harvest has the same meaning as in the Forest Practices Act 1985; heritage area has the same meaning as in the Historic Cultural Heritage Act 1995;Heritage Register has the same meaning as in the Historic Cultural Heritage Act 1995; threatened native vegetation community has the same meaning as in the Nature Conservation Act 2002.

A person who proposes to undertake dam works is entitled to a Division 4 permit if the proposed dam works – are not on a watercourse; and relate to a single dam and not to a group of dams that collectively store, hold back or impede the flow of a single body of water; and are on land that – is unvegetated land; or is vegetated land on which the harvest of timber, or the clearing of trees, that would be required as part of the dam works is a circumstance that is prescribed for the purposes of section 17(6) of the Forest Practices Act 1985; and do not constitute in whole or in part the clearance and conversion of a threatened native vegetation community unless in a circumstance that is prescribed for the purposes of section 17(6) of the Forest Practices Act 1985; and will not take threatened species or destroy or damage nests of threatened species; and are not wholly or partly within a pipeline planning corridor; and are not wholly or partly within a heritage area entered in the Heritage Register; and are not subject to a conservation covenant; and are not subject to an agreement under Part 5 of the Land Use Planning and Approvals Act 1993; and are on land in relation to which the person is the owner or, if the person is not the owner in respect of the land, if the owner of land has given his or her consent, in writing, to the proposed dam works; and will not inundate land owned by another person, unless the owner of land has given his or her consent, in writing, to the proposed dam works or any inundation; and are not declared works.

If a person is uncertain as to whether he or she is entitled under subsection (2) to a Division 4 permit, he or she may apply for a Division 3 permit.

The Minister, by order, may declare specific dam works, or a class of dam works, to be dam works that require a Division 3 permit.

An order under subsection (4) is a statutory rule.