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Water Bill 2014

TABLE OF PROVISIONSClause Page

CHAPTER 1—PRELIMINARY 1

PART 1.1—PURPOSES AND COMMENCEMENT 1

1 Purposes 12 Commencement 2

PART 1.2—INTERPRETATION 3

3 Dictionary 34 Objects of Act 35 Core considerations 46 The precautionary principle 57 Strict liability offences 58 References to land 69 Simplified outlines 610 References to Parts 7

PART 1.3—APPLICATION 8

11 Agreements to which Act is subject 812 Act binds the Crown 813 Extra-territorial operation 8

CHAPTER 2—RESOURCE ASSESSMENT AND PLANNING 9

PART 2.1—PRELIMINARY 9

14 Simplified outline 9

PART 2.2—RESPONSIBILITIES AND POWERS OF MINISTER 10

15 Responsibilities of Minister 1016 Assessment program 1117 Powers of the Minister in relation to land 1218 Compensation 1419 Powers of the Minister in relation to information 1520 Offence to interfere with infrastructure etc. 1521 Giving of information to Minister 16

PARLIAMENT OF VICTORIA

571407B.I-24/6/2014 BILL LA INTRODUCTION 24/6/20141

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PART 2.3—REGIONAL RESOURCE ASSESSMENTS 17

22 Nature of a regional resource assessment 1723 Conduct of a regional resource assessment 1724 Panel to be appointed by the Minister 1825 Draft regional resource assessment 1826 Final regional resource assessment 19

PART 2.4—STRATEGIC REVIEWS 20

27 Nature of a strategic review 2028 Conduct of a strategic review 2029 Notification of review 2030 Advisory committee to be appointed by the Minister 2131 Draft report of strategic review 2132 Final report of review 22

PART 2.5—WHOLE OF WATER CYCLE MANAGEMENT 23

33 Nature of a whole of water cycle management planning framework 23

34 Preparation of planning framework 2335 Advisory committee to be appointed by the Minister 2436 Draft framework 2437 Final framework 25

CHAPTER 3—RIGHTS IN RELATION TO WATER 26



PART 3.2—STATUTORY RIGHTS 27

39 Crown rights to water 2740 Statutory rights to water 2741 Water corporation and Council rights to stormwater 2942 Effect of statutory rights on common law rights 3043 Allocation of water right on subdivision 31

PART 3.3—TRADITIONAL RIGHTS 32

44 Traditional owner rights 32

PART 3.4—WATER ENTITLEMENT RIGHTS 33

Division 1—Water entitlements to take water 33

45 What a bulk entitlement authorises 3346 What a water share authorises 3447 What a take and use licence authorises 35

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Division 2—Statutory authority to take water 36

48 Authorities authorised to take water when performing certain functions 36

49 Authority to take water from declared water system under a right in another State or a Territory 36

Division 3—Water entitlements to use water 37

50 What a water use licence authorises 3751 What a water use registration authorises 37

PART 3.5—TARGETED REVIEWS 38

52 Purpose of a targeted review 3853 Conduct of a targeted review 3854 Notification of targeted review 3855 Advisory committee to be appointed by the Minister 3956 Draft report of targeted review 3957 Final report of review 40

PART 3.6—QUALIFICATION OF RIGHTS 41

58 Definition 4159 Declaration of water shortage 4160 Temporary qualification of rights to water 4261 Permanent qualification of rights to water 4362 Procedures applying to qualifications 43

CHAPTER 4—TAKING AND USING WATER 45



PART 4.2—OFFENCES RELATING TO TAKING AND USING WATER 46

Division 1—Preliminary 46


Division 2—Taking of water offences 46

65 General offence to take water without authority 4666 Offence to take water from certain stormwater infrastructure 4767 Offence for water to be taken for certain forest plantations

without take and use licence 4968 Offence to collect or store water by means of a private dam

without authority 5169 Holder of take and use licence or registration licence must

comply with the conditions of their licence 52

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70 Offence to take water from a place that is not approved 5271 Person who takes water at a place must comply with conditions

of approval to take water at that place 53

Division 3—Use of water offences 53

72 Offence to use water for irrigation purposes on land without water use licence or water use registration 53

73 Offence to use water for purpose other than purpose authorised by water use registration 54

74 Exceptions to offences under section 72 and 73 5575 Offence to use water taken from a non-declared water system

without authority 5576 Holder of water use licence must comply with conditions of the

licence 5577 Person granted water use registration must comply with

condition of the registration 56

Division 4—Evidentiary provisions for the purposes of this Part 56

78 Evidentiary presumptions—general offence to take water without authority 56

79 Evidentiary presumption—taking water from stormwater infrastructure of a Council 57

PART 4.3—BULK ENTITLEMENTS 58



Division 2—Issue of bulk entitlements 58

81 Application 5882 Notification of receipt of application and copy to be given to

certain entities 5983 Determination of application 5984 Minister must refuse application if it would be inconsistent

with water resource management order 6085 Conditions of bulk entitlements 60

Division 3—Amendment of bulk entitlements 62

Subdivision 1—Substantive amendments to bulk entitlements 62

86 Amendment of bulk entitlement 62

Subdivision 2—Minor amendments to bulk entitlements 63

87 Amendment of bulk entitlement to correct mistakes, make minor changes etc. 63

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Division 4—Assignment of water allocations 64

88 Assignment of water allocation 6489 Further assignment of water allocation 6490 Ministerial approval for assignment of water allocation 65

Division 5—Transfer of bulk entitlements 66

91 Transfer of bulk entitlement 6692 Ministerial approval for transfer 6693 Effect of transfer of bulk entitlement 6794 Sale of bulk entitlement to give effect to a transfer of a bulk

entitlement 68

Division 6—Conversion of water shares or licences to bulk entitlements 69

95 Application 6996 Minister may convert water share or take and use licence to

bulk entitlement 6997 Effect of conversion 70

Division 7—Offences 71

98 Compliance with terms of bulk entitlement by electricity generators 71

PART 4.4—WATER SHARES 72



Division 2—Issue of water shares 73

100 Application 73101 Determination of application 73102 Minister must refuse application if it would be inconsistent

with water resource management order 73103 Matters the Minister must determine in issuing a water share 74104 Matters Minister must specify in issuing a water share 74

Division 3—Dealings with water shares 74

105 Transfer of ownership of water share 74106 Limited term transfers of rights to future water allocations

under water shares 75107 Standing directions as to future water allocations under water

shares 76108 Assignment of actual water allocation 76109 Ministerial approval of dealings with water shares 77110 Revocation of standing directions 78

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111 Dealings in water shares are of no effect without Ministerial approval and recording in water register 78

112 Division of water shares 79113 Consolidation of water shares 79114 Mortgage restrictions in relation to water shares, limited term

transfers and standing directions 80

Division 4—Surrender of water shares 81

115 Surrender of water share 81

Division 5—Water allocations 81

116 Water allocations 81

Division 6—Interstate agreements, conversions, recognition and approvals 82

Subdivision 1—Interstate agreements 82

117 Interstate agreement as to dealings in water rights 82

Subdivision 2—Conversion of interstate rights 83

118 Application 83119 Determination of application 83120 Minister must refuse application if it would be inconsistent

with water resource management order 83121 Additional requirements for determining applications 83

Subdivision 3—Cancellation of water share if interstate rights obtained 84

122 Cancellation if interstate rights are obtained 84

Subdivision 4—Conversion of intrastate rights 85

123 Cancellation if rights outside declared water system are obtained 85

Division 7—Miscellaneous 85

124 Effect of death of owner in respect of ownership of a water share 85

125 Effect of death of holder of a limited term transfer 86126 Effect of death of holder of a mortgage over a water share 86127 Effect of death of person who holds a water allocation 87

PART 4.5—TAKE AND USE LICENCES 88



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Division 2—Issue of take and use licences 89

129 Application 89130 Public notification of application 89131 Determination of application 89132 Minister must refuse application in certain cases 90133 Conditions of take and use licence 91134 Effect of take and use licences relating to temporary transfers

of right to take water 93135 Period a take and use licence is in effect 93

Division 3—Renewal of take and use licences 94

136 Application 94137 Determination of application 94138 Minister must have regard to certain matters when deciding

application 94139 Conditions of renewed licence 95140 Period of renewal 95141 Licence may be renewed more than once 95

Division 4—Amendment of take and use licences 96

Subdivision 1—Amendment on application by licence holder 96

142 Application by single licence holder 96143 Determination of application 96144 Procedure applying to determination of application 96

Subdivision 2—Joint applications for amendments as to amount of water that may be taken 97

145 Joint application 97146 Determination of application 97147 Procedure applying to determination of application 98

Subdivision 3—Amendment on Minister's initiative 98

148 Amendment on Minister's initiative 98

Subdivision 4—Miscellaneous 99

149 What happens to amendments made for a temporary period under Subdivision 1 or 2 99

Division 5—Suspension and cancellation of take and use licences 100

150 Suspension or cancellation of licence on Minister's initiative 100151 Cancellation of licence on application of licence holder 101

Division 6—Surrender of take and use licences 101

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152 Surrender of licence 101

Division 7—Transfer of take and use licences 102

153 Application 102154 Determination of application 102155 Minister must approve application in certain cases 102156 Minister must have regard to certain matters when

determining application 103157 Minister's licensing powers following approval of transfer of

licence 103

Division 8—Pre-assessment of applications for and transfers of take and use licences 104

158 Definition 104159 Application 104160 Public notification of application 104161 Minister must give pre-assessment advice 105162 Matters the Minister must have regard to for the purpose of

giving pre-assessment advice 105163 Pre-assessment has effect for a specified period 105

Division 9—Forest plantation offsets 105

Subdivision 1—Preliminary 105

164 Definitions 105

Subdivision 2—Grant of approval 106

165 Application 106166 Minister may approve land as an approved offset area 106167 Content of offset area approval 107168 When an offset area approval takes effect 107

Subdivision 3—Revocation of approval 108

169 Application 108170 Revocation of approval 108171 Forest plantation managers have right to make representations

in relation to certain applications 109


172 Referral of applications to certain bodies 109173 Effect of death of person for transfers of take and use licences 110174 Take and use licence conversions on declaration of water

systems 111175 Registration licences 111

PART 4.6—WATER USE LICENCES 112

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Division 2—Issue of water use licences 112

177 Application 112178 Referral of application to responsible catchment management

authority 112179 Determination of application 113180 Minister must refuse application in certain circumstances 114181 Content of water use licences 114

Division 3—Water use objectives for licences 114

182 Objectives as to water use 114183 Content of water use objectives 115184 Recommendations by catchment management authorities 116185 Revoking or amending determinations as to water use

objectives 117186 Notification and effect of determinations as to water use

objectives 117

Division 4—Standard water use conditions for licences 118

187 Standard water use conditions 118188 General provisions applying to standard water use conditions 118189 Revoking or amending determinations as to standard water

use conditions 119190 Notification and effect of determinations as to standard water

use conditions 120

Division 5—Particular conditions on licences 120

191 Particular conditions on water use licences 120

Division 6—Further provisions as to conditions on licences 121

192 Effect of inconsistency between standard water use conditions and other conditions on licences 121

Division 7—Amendment of water use licences 121


193 Application 121194 Determination of application 122195 Particular requirements in relation to joint applications 122196 Particular requirements in relation to applications to reduce

annual use limit 123197 Notification of decision on amendment of licence 123


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198 Amendment of water use licences on initiative of Minister 123

Division 8—Suspension and cancellation of water use licences 125

199 Suspension of water use licence 125200 Cancellation of water use licence on Minister's initiative 126201 Opportunity to make submissions before suspension or

cancellation of licence 127202 Minister must have regard to submissions before suspending

or cancelling a water use licence 128203 Cancellation of water use licence on application of licence

holder 128


204 Change of ownership of specified land 129

PART 4.7—WATER USE REGISTRATIONS 130


205 Simplified outline 130206 Definition 130

Division 2—Grant of water use registrations 130

207 Application 130208 Determination of application 131209 Minister must not grant water use registration unless satisfied

as to maximum water amount use 131210 Conditions on water use registrations as to annual use limit 131211 Content of water use registration 131

Division 3—Amendment of annual use limit condition 132

212 Application 132213 Determination of application 132

Division 4—Cancellation of water use registrations 133

214 Cancellation of water use registration on Minister's initiative 133215 Cancellation of water use registration on application of holder 134


216 Change of ownership of land specified in registration 134

PART 4.8—WATER RESOURCE MANAGEMENT ORDERS 135


217 Definitions 135

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218 Meaning of water shortage derogation order 136

Division 2—Making of water resource management orders 136

219 Minister may make a water resource management order 136220 Matters the Minister must have regard to when making a

water resource management order 137221 Water resource management order must be published in the

Government Gazette 137222 Commencement of water resource management order 138223 Minimum content of water resource management order 138

Division 3—Procedure for making water resource management orders 138

Subdivision 1—Consultation on water resource management order proposals 138

224 Application 138225 Consultation required under this Subdivision before

preparation of draft order 139226 Notice of proposal to make water resource management order 139227 Authorities, Water Holder and environment Minister to be

consulted and given proposal notice 140

Subdivision 2—Draft water resource management orders 140

228 Preparation of a draft water resource management order 140229 Notification of preparation of draft water resource

management order 140230 Authorities, Water Holder and environment Minister to be

consulted and given draft order notice 142

Division 4—Streamlined process for making of certain water resource management orders 142

231 Standard consultation and draft order publication requirements do not apply 142


232 Advisory committee to be appointed by the Minister 143233 Publication of differences between water resource

management order and draft of order 144234 Minister must ensure consolidated versions of water resource

management orders are available 144235 Disallowance by Parliament 145

PART 4.9—SYSTEM ALLOCATION DETERMINATIONS 146

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236 Definitions 146237 Seasonal determinations 146238 Seasonal determinations where there is additional water

available 146239 Special allocation determinations 147240 Matters that apply in relation to making a system allocation

determination 148241 Notification of making of system allocation determination 149

PART 4.10—MISCELLANEOUS 150

Division 1—Ministerial approval of place at which water may be taken 150

242 Approval of place to take water 150

Division 2—Sale of unallocated water 151

243 Minister may sell unallocated water 151

Division 3—Private dam restrictions 152

244 Private dam restrictions 152

Division 4—Other matters 153

245 Minister may request certain applicants to participate in an investigation 153

CHAPTER 5—ENTITIES 154



PART 5.2—WATER CORPORATIONS 155

Division 1—Establishment, restructuring and abolition 155

247 Establishment of water corporations 155248 Seal 156249 Restructuring of water corporations 156250 Abolition of water corporations 156251 Transfer of property, rights or liabilities 157252 Schedule 4—restructuring or abolition by Minister 158253 Amendment of allocation statement 158254 Alteration to membership of board of directors 158

Division 2—Objective, functions, duties and powers of water corporations 159

255 Objective of water corporations 159256 Functions, duties and powers of water corporations 159257 Staff of water corporations 159

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258 Powers of delegation of water corporations 160

Division 3—Directors 161

259 Appointment of directors 161260 Terms and conditions of appointment of directors 161261 Chairperson 162262 Deputy chairperson 162263 Managing director 162264 When a director ceases to hold office 163265 Power to remove or suspend director from office 163266 Removal of managing director 165267 Effect of certain findings of guilt 165268 Allowances 166269 Expenses 166270 Contracts of insurance 167271 Accident insurance 167272 Validity of things done 168

Division 4—Governance of water corporations 168

273 Duties of board of directors 168274 Meetings of board of directors 169275 Special meetings 170276 Resolutions without meetings 170277 Committees 171278 Validity of decisions 172279 Improper use of information 173280 Appointment of administrator 173281 Application of Public Administration Act 2004 174

Division 5—Pecuniary interests 174

282 Disclosure of pecuniary interests 174283 Statement relating to disclosure 176284 Offence 176285 Minister may remove disability 177286 Existence of pecuniary interest 177287 Pecuniary interest does not prevent voting and consideration

of some questions 179288 Returns relating to pecuniary interests—Schedule 5 179

Division 6—Corporate plans 180

289 Corporate plans 180290 Major deviation from corporate plan 181

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291 Statement of corporate intent—contents 181292 Inspection of corporate plan 181293 Board to notify Minister and Treasurer of certain matters 182294 Report on achievement of corporate plan 182

Division 7—Statement of obligations 183

295 Statement of obligations 183296 Water corporation must comply with statement of obligations 184

Division 8—Customer dispute resolution 185

297 Customer dispute resolution 185

Division 9—Financial 185

298 Dividends 185299 Repayment of capital 186

Division 10—Transfer of property etc. between water corporations 186

300 Transfer of property, rights or liabilities between water corporations 186

301 Schedule 4—transfer between water corporations 187302 Amendment of allocation statement 187

PART 5.3—VICTORIAN ENVIRONMENTAL WATER HOLDER 188


303 References to Commissioner 188

Division 2—Establishment and constitution 188

304 Victorian Environmental Water Holder 188305 Official seal 188306 Constitution of the Water Holder 189

Division 3—Objective, functions and powers of the Water Holder 189

307 Objective of the Water Holder 189308 Functions of the Water Holder 189309 Powers of the Water Holder 190310 Staff 190311 Delegation 191

Division 4—Commissioners 191

312 Appointment of Commissioners 191313 Terms and conditions of appointment 192314 Removal of Commissioners 192315 Acting Commissioners 193

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316 Payment of Commissioners 193317 Validity of things done 193

Division 5—Governance of the Water Holder 194

318 Meetings of the Water Holder 194319 Validity of decisions 194320 Ministerial directions 195321 Reporting requirements 196322 Recording requirements 196323 Water Holder Trust Account 196324 Application of Public Administration Act 2004 197325 Application of Financial Management Act 1994 197

Division 6—Pecuniary interests 197

326 Declaration of pecuniary interests 197327 Returns relating to pecuniary interests—Schedule 5 198

Division 7—Planning by the Water Holder 198

328 Preparation of corporate plan 198329 Amendment of corporate plan during operation of plan 199330 Seasonal watering plans 200331 Seasonal watering statements 201332 Water Holder may require information relating to water

season 203333 Availability of plans and statements 203

Division 8—Ministerial rules relating to Water Holder 203

334 Ministerial rules relating to Water Holder 203

CHAPTER 6—DISTRICTS AND RECREATIONAL AREAS 206



PART 6.2—DISTRICTS 207

336 Establishing districts 207337 Effect of order establishing district 207338 Variation or abolition of district 208339 Procedural requirements for establishing, varying or

abolishing district 208340 Waterway management district of Melbourne Water

Corporation 209

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PART 6.3—RECREATIONAL AREAS 211

341 Establishing recreational areas 211342 Consent required in certain cases 211343 Functions in respect of recreational areas 211344 Revenue from land 212345 Leases and licences to occupy or use recreational area 212346 Offence to moor, leave unmoored or operate houseboat

within recreational area without licence 212347 Licence to operate houseboats within prescribed recreational

areas 213

CHAPTER 7—FUNCTIONS AND POWERS 214



PART 7.2—GENERAL FUNCTIONS AND POWERS 216

Division 1—General 216

349 General power to perform functions 216350 General power to perform functions outside of district 216351 No obligation to perform functions 216352 Accountability of Authorities 216353 General functions of Authorities 217

Division 2—Serviced properties 217

354 Power to declare land to be a serviced property 217355 Certain rateable land taken to be a serviced property 218

Division 3—Connections to infrastructure 218

356 Control over connections to an Authority's infrastructure 218357 Application for consent 219358 Conditions of consent must be complied with 220359 Removal of existing connection to an Authority's

infrastructure 221360 General discharge offence 222361 Application for consent to the discharge of any matter or

substance (other than sewage or trade waste) 223362 Determination of application for consent to the discharge of

any matter or substance (other than sewage or trade waste) 223363 Conditions of consent must be complied with 224364 Required work notice 224365 Authority may notify other bodies of certain matters 226366 Emergency repair of non-road infrastructure 227

Division 4—Water meters 228

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367 Installation of meters 228368 Estimation of water 228

Division 5—Powers in relation to water supply or delivery 229

369 Water corporation may reduce or discontinue water supply or delivery in certain circumstances 229

370 Supply of certain kinds of water must not be discontinued in certain circumstances 231

371 Compensation 232

Division 6—Contracts, agreements, businesses or activities 232

372 Contracts and agreements 232373 Contracts and agreements not connected with or incidental to

functions 232374 Businesses or activities incidental to functions 233375 Commercial ventures 233376 Intellectual property 234377 Ownership of infrastructure 235

Division 7—Land 235

Subdivision 1—Purchase and compulsory acquisition of land 235

378 Purchase of land 235379 Compulsory acquisition of land 235380 Authority must notify Department Head of certain matters 236

Subdivision 2—Management of Crown land 237

381 Declaration as to management of Crown land 237382 Resumption of Crown land 237383 Surrender of Crown land 238

Subdivision 3—Other dealings with land 238

384 Certain other dealings with land in connection with performance of functions 238

385 Power to require creation of certain easements and reserves 238

Division 8—Work 239

Subdivision 1—Work affecting roads, rail and other infrastructure 239

386 Work on a road 239387 Safety duties in relation to work on or in immediate vicinity

of rail infrastructure 240

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388 Notification of owners or occupiers of land on which there is rail infrastructure 240

389 Notification of Authorities before railway operations carried out 241

Subdivision 2—Infrastructure of other Authorities or public statutory bodies 241

390 Definitions 241391 Notice of intention to affect infrastructure 241392 Notice following emergency 242393 Notice to alter or remove infrastructure 242

Subdivision 3—Other matters relating to infrastructure 243

394 Removal of trees or other vegetation 243395 Authority may act if owner refuses or fails to comply with

notice 243396 Authority may recover costs incurred 244397 Authority not liable to pay compensation in certain

circumstances 245

Division 9—Introducing water into certain waterways, infrastructure or natural channels 245

398 Power to introduce water 245399 Obligation in connection with introducing water 245

Division 10—Water management schemes 246

400 Functions of the Minister in relation to water management schemes 246

401 Preparation of draft water management scheme 246402 Consultation requirements 246403 Approval of water management schemes 248404 Removal or modification of infrastructure 249

Division 11—Drainage courses 249

405 Declaration of drainage courses 249406 Requirements following declaration 251407 Amendment or revocation of declaration 252408 Review of declaration or revocation of declaration 252409 Obligations relating to drainage courses 253410 Powers of Authority or public statutory body having the

management and control of a drainage course 253411 Offences relating to requirements under section 410 253412 Application for consent 255413 Power of Authority or public statutory body to enter and

remain on drainage course for certain purposes 257

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414 Recovery of costs or expenses incurred by Authority or public statutory body 257


415 Application for information statement 257416 Issue of information statement 257417 No liability in respect of statement 259418 Notices of disposition 259419 Plans of Authority's infrastructure 259

PART 7.3—EMERGENCY MANAGEMENT 260

420 Requirement to make emergency management plan 260421 Amendment of plan 260422 Effect of plan 260423 Review of plan at request of Minister 260424 Role of water corporations under Emergency Management

Act 2013 261

PART 7.4—RECONFIGURATION PLANS 262

425 Definitions 262426 Draft plans for reconfiguration of infrastructure 262427 Meaning of reconfiguration plans 262428 Direction of Minister as to reconfiguration plans 263429 Adoption of reconfiguration plan by Authority 264430 Approval of reconfiguration plans 265431 Appointment of panel 265432 Notification of plan 266433 Termination of services to properties consequent on plans

for reconfiguration 266434 Plans by agreement 266435 Compensation for loss of services on declaration of cessation 267436 Consistency with Constitution Act 1975 267

PART 7.5—SPECIFIC FUNCTIONS AND POWERS 268

Division 1—Water supply services 268

437 Application 268438 Functions under this Division 268

Division 2—Water delivery and irrigation services 268

439 Definition 268440 Application 268

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441 Functions under this Division 268442 Duties under this Division 269443 Power to fix irrigation period 269444 Water corporation to determine amounts and periods of

delivery 269445 Amendment of delivery determinations on application of

owner of serviced property 270446 Amendment of delivery determinations on initiative of water

corporation 271447 Determination to transfer amounts or periods 271448 Water corporation may determine conditions for the service

of delivering water 273449 Offence to fail to comply with conditions of delivery 274450 Ministerial directions 275451 Declaration that a serviced property ceases to be a serviced

property 275

Division 3—Bulk water supply services 276


Division 4—Water infrastructure 276

454 Application 276455 Functions under this Division 277456 Supply of water by agreement 278457 Offence to use water in contravention of agreement as to

purpose of supply 278458 Fire plugs and free water 278459 Immediate action for water supply protection 280460 Notice for water supply protection 280461 Water supply catchment areas 281462 Water supply catchment area plans 282463 Contents of water supply catchment area plans 283464 Status of plan 284465 Land managers to take water supply catchment area plan

into account 284

Division 5—Sewerage services 284

466 Application 284467 Functions under this Division 284468 Notice to connect to a water corporation's sewerage

infrastructure 285469 Owner must comply with notice 286470 Water corporation may act if owner does not comply 286471 Requirements of connection 287472 Requirements of connection must be complied with 288

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473 Water corporation may determine kind, amount and concentration of trade waste for the purposes of section 360 288

474 Application for consent to the discharge of trade waste 289475 Determination of application for consent to the discharge

of trade waste 289476 Amendment or revocation of consent to discharge trade waste 290477 Breach of certain conditions of consent to discharge trade

waste 291478 Powers in relation to land from which trade waste is

discharged 292479 Restriction on disclosure or use of certain information 293480 Power to disconnect in certain circumstances 294481 Septic tank system permit applications 294482 Powers in relation to septic tank systems 295

Division 6—Bulk sewerage services 296


Division 7—Sewerage infrastructure 297

485 Application 297486 Functions under this Division 297487 Construction of sewers 298488 Compensation not payable in certain cases 299

Division 8—Waterway management, regional drainage and floodplain management 300

489 Application 300490 Functions under this Division 300491 Performance of function under this Division not to be

inconsistent with bulk entitlement 301492 Statements of obligations of catchment management

authorities with waterway management districts 301493 Requirement to prepare a regional waterway strategy 302494 What must a regional waterway strategy include? 303495 Preparation of a regional waterway strategy 303496 Approval of a regional waterway strategy 304497 Amendment of regional waterway strategies during operation

of strategy 304498 Requirement to prepare seasonal watering proposal 305499 Ministerial rules for regional waterway strategies and

seasonal proposals 306500 Declarations of flood levels and building lines 306501 Adoption of flood level 307502 Review of declarations of flood levels and building lines 307503 Availability of information 308504 Control of work and structures 308

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505 Application for consent 309506 Removal of existing infrastructure and structures 311

Division 9—Designated land and infrastructure 312

507 Application 312508 Functions under this Division 312509 Designated land and infrastructure 312510 Work that interferes with designated land or infrastructure 314511 Connections and discharges 314512 Application for consent 315513 Conditions of consent must be complied with 317

Division 10—Other specific functions of certain water corporations 317

514 Additional function of Central Gippsland Region Water Corporation 317

515 Additional function of Melbourne Water Corporation 318516 Particular powers of Melbourne Water Corporation in relation

to certain roads in Corio and Werribee 318

CHAPTER 8—REGULATION OF INFRASTRUCTURE AND ACTIVITIES 320



PART 8.2—OFFENCES RELATING TO LICENSING OF INFRASTRUCTURE AND ACTIVITIES 321

518 Offences relating to infrastructure or to the deviation of a waterway 321

519 Offences relating to activities 323520 Offence relating to private bores 324521 Offences relating to licences 325522 Evidentiary provisions 325

PART 8.3—WORKS AND ACTIVITIES LICENCES 327

Division 1—Authority conferred by licences 327

523 What a works licence authorises 327524 What an activities licence authorises 328

Division 2—Application for licence 328

525 Application 328526 Referral of application to certain bodies 329

Division 3—Dealing with application for licence 329

527 Determination of application 329

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528 Minister must have regard to certain matters when deciding application 330

529 Minister must refuse application for works licence in certain circumstances 330

530 Matters to be set out in licence 330531 Conditions of works licence 331532 Conditions of activities licence 333

533 Period a works or activities licence is in effect 333534 Other permits etc. still necessary 334

Division 4—Amendment, renewal or transfer of licence 334


535 Application 334536 Referral of application to certain bodies 334537 Determination of application 335538 Minister must have regard to certain matters when deciding

application 335539 Minister must refuse application in certain circumstances 336


540 Amendment on Minister's initiative 336

Subdivision 3—Renewal of licence 337


application 337544 Minister must refuse application for renewal in certain

circumstances 338545 Conditions of renewed licence 338546 Period of renewal 338547 Licence may be renewed more than once 339

Subdivision 4—Transfer of licence 339


application 339551 Minister must refuse application for transfer in certain

circumstances 340552 Conditions of transferred licence 340

Subdivision 5—Suspension or cancellation of licence 340

553 Suspension or cancellation of licence 340554 Cancellation of licence by Minister 341

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555 Licence not required for major infrastructure 342556 Exemption from liability in respect of works licence 343

PART 8.4—LEVEE MAINTENANCE ON CROWN LAND 345

Division 1—Definitions 345

557 Definitions 345

Division 2—Authority conferred by permits 346

558 What a levee maintenance permit authorises 346

Division 3—Application for permit 347

559 Application 347560 Referral of application to land manager 347

Division 4—Dealing with application for permit 348

561 Determination of application 348562 Matters to be set out in permit 348563 Conditions of levee maintenance permit 349564 Period a levee maintenance permit is in effect 349

Division 5—Amendment of conditions or cancellation of permit 350

Subdivision 1—Amendment of conditions on application by permit holder 350

565 Application 350566 Referral of application to land manager 350567 Determination of application 351

Subdivision 2—Amendment of conditions on Minister's initiative 351

568 Amendment of conditions on Minister's initiative 351569 Referral of proposal to land manager in certain

circumstances 352

Subdivision 3—Cancellation 354

570 Cancellation of permit 354

Division 6—Apportionment of application fee 354

571 Payment to land manager of portion of application fee 354

PART 8.5—UNDERGROUND DISPOSAL 356

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572 Power of Minister to approve underground disposal 356573 Determination of application 356574 Minister must have regard to certain matters when deciding

application 356575 Minister must refuse application in certain circumstances 357576 Conditions of approval 357577 Offences 357578 Other permits etc. still necessary 358

PART 8.6—DRILLERS' LICENCES 359

Division 1—Authority conferred by driller's licence 359

579 What a driller's licence authorises 359

Division 2—Dealing with application for licence 359

580 Application 359581 Determination of application 359582 Register of licences 360583 Period a licence is in effect 360

Division 3—Renewal of licence 360

584 Application 360585 Determination of application for renewal of licence 360586 Period of renewal 360587 Licence may be renewed more than once 360

Division 4—Cancellation or suspension of licence 361

588 Licences may be cancelled or suspended 361

Division 5—Offences 361

589 Offences relating to requirement for licensed driller 361590 Offences by works licensee 362591 Offence by licensed driller and works licensee 363

Division 6—Drillers' Licensing Board 365

592 Continuation of Board 365

PART 8.7—DIRECTIONS 366


593 References to occupier 366

Division 2—Directions about a bore or other infrastructure 366

594 Power of Minister to give directions about a bore or other infrastructure 366

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595 Offences relating to directions about a bore or other infrastructure 368

Division 3—Directions about activities 369

596 Power of Minister to give directions about activities 369597 Offences relating to directions about activities 370

Division 4—Directions about dams 370

598 References to owner 370599 Power to give directions about dams 371600 Offences relating to directions about dams 372601 Exemption from liability in respect of direction 373


602 Power of Minister to do things or carry out work 373603 Compensation 374

CHAPTER 9—FINANCE 376


604 Simplified outline 376605 Definitions 377606 Extended meaning of rateable land for purpose of Chapter 378

PART 9.2—AUTHORITY FEES AND CHARGES 379

Division 1—Fees and charges for work and services 379

Subdivision 1—Fees and charges in respect of serviced properties 379

607 Authority may determine fees and charges for work and services 379

608 Method of determining fees and charges under section 607 379609 Charges for work and services provided in respect of a

property that is not rateable land 380610 Serviced properties subject to charges based on valuation of

property must be rateable land 380611 Limits on power of catchment management authorities to

determine charges under section 607 381612 Alternative arrangements for determination of certain

Melbourne Water Corporation charges 381

Subdivision 2—Valuation of serviced properties for purpose of determining charges 382

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613 Rateable land for the purpose of Melbourne Water Corporation charges 382

614 Valuations 382615 Supplementary valuations 382616 Valuation equalisation factor 383

Subdivision 3—Other fees and charges 383

617 Fees and charges for work and services provided in respect of properties that are not serviced properties 383

618 Water share and take and use licence related fees and charges 384619 Charges for water taken from fire plugs 384620 Reliability contribution charges 384621 Fees and charges under Ministerial delegation 385622 Structure of fees and charges determined under this

Subdivision 386

Subdivision 4—Notification and imposition of fees and charges under this Division 386

623 Public notification of Authority fees or charges 386624 Imposition of Authority fees or charges for work carried out

or services provided 387625 Authority fees and charges may be imposed in respect of

separate occupancies 389

Subdivision 5—Objections 389

626 Objection to fees and charges 389627 Decision on objection 390628 Application for review by VCAT does not prevent recovery

of any charge or interest due to Authority 390


629 Effect of court or VCAT decision to set aside Authority fees and charges 391

Division 2—Owner contributions for infrastructure 391

Subdivision 1—Preliminary 391

630 Definition 391631 Application of Division 392

Subdivision 2—Determination of owner contribution infrastructure charge 392

632 Authority may require payment in respect of costs of infrastructure 392

633 Owner contribution infrastructure charge must be fair and reasonable 394

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Subdivision 3—Notification and imposition of owner contribution infrastructure charge 394

634 Imposition of owner contribution infrastructure charge 394635 Form of notice imposing owner contribution infrastructure

charge 395636 Authority may impose further owner contribution

infrastructure charge 396

Subdivision 4—Objections 397

637 Objections to imposition of owner contribution infrastructure charges 397

638 Decision on objection 399


639 Details and costs of proposed services and charges to be available for public inspection 400

640 Notification of change of use 400

Division 3—Liability to pay Authority fees and charges under Division 1 or 2 401

Subdivision 1—Owners 401

641 Liability of owners 401

Subdivision 2—Occupiers who are not owners 401

642 Definitions and interpretation 401643 Liability of occupiers 401644 Liability of persons vacating a property 402

Subdivision 3—Owners corporations 404

645 Definitions and interpretation 404646 Liability of owners corporation for fee or charge for services

provided to subdivision 404647 Apportionment of amount to be paid 405648 Owners corporations may request specified basis for

apportionment of amounts of a fee or charge 406649 Owners corporation liability where there is more than one

owners corporation 406

Subdivision 4—Other persons 407

650 Fees and charges (other than fees and charges determined under section 607) payable by persons 407

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651 Person who becomes owner of a property liable for outstanding Authority fees and charges related to property 407

652 Person who becomes owner of a water share liable for outstanding Authority fees and charges related to share 407

Subdivision 5—Payment arrangements 408

653 Payment of fees and charges determined under Subdivision 1 or 3 of Division 1 408

654 Payment of owner contribution infrastructure charges 408655 Payment of fees or charges by instalments 410656 Instalment payment arrangements 410657 Deferred payment of charges 410658 Waiver of payment of fees and charges 411659 Minister may specify circumstances for waiver of payment

of fee or charge 411660 Concessions 412661 Reimbursement by State of certain amounts waived by an

Authority 412662 Alternative billing arrangements 412

Subdivision 6—Recovery 413

663 Recovery of amounts due to an Authority 413664 Fee or charge to be a charge over the water share and ranks

before any mortgage over the water share 413665 Recovery as between owner and occupier of fees and charges 414

Division 4—Contributions from, and charges imposed on, bulk entitlement holders 414

666 Determining Authority may require contribution from bulk entitlement holders to recover Part 4.9 costs 414

667 Authority may require contribution from bulk entitlement holders for performing functions and exercising powers 415

668 Water corporation may charge bulk entitlement holder for storage and delivery related services 415

669 Bulk entitlement holder must pay contribution or charge within 28 days after receiving notice of it 415


670 Agreements with respect to collection of charges 416671 Application of payments made to water corporations 417

PART 9.3—MINISTERIAL FEES AND CHARGES AND REQUIRED PAYMENTS 419

Division 1—Fees and charges 419

672 Ministerial fees or charges in relation to water entitlements and Chapter 8 authorities 419

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673 Structure of Ministerial fees and charges in relation to water entitlements and Chapter 8 authorities 419

674 Imposition of Ministerial fees and charges in relation to water entitlements and Chapter 8 authorities 420

675 Liability of person who receives notice under Division 1 420

Division 2—Infrastructure related payments 420

676 Minister may require payment of certain infrastructure related payments 420

Division 3—Recovery 422

677 Amounts due to Minister 422678 Recovery of fees and charges by Minister 422679 Liability of person who acquires property to pay Ministerial

fees 422680 Recovery as between owner and occupier of amounts in

respect of licences 422

PART 9.4—COUNCIL AND AUTHORITY AND ENVIRONMENTAL CONTRIBUTIONS 424

Division 1—Contributions from Councils and other Authorities 424

681 Pre-requisites for requirement of contribution 424682 Authorities may require contributions from Councils and

other Authorities 425683 Authorities may require special contributions 426684 Authority may require contribution from other Authorities

for things done during water shortages 427685 Authorities may impose charges on other Authorities for

managing and controlling recreational areas 428

Division 2—Environmental contributions 428

686 Obligation to pay environmental contributions 428687 Purpose for the collection of environment contributions 428688 Environmental contribution order 429689 Annual reporting of details of the expenditure of all money

paid as environmental contributions 431690 Review of the operation of this Division 431

PART 9.5—AUTHORITY AND MINISTERIAL WORK COSTS 432

691 Definition 432692 Notice to pay cost for recoverable work 432

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693 Persons who receive notice to pay costs for recoverable work must pay specified amount 433

694 Application of certain provisions of this Chapter to recoverable work payments 433


Division 1—Interest charges 435

695 Interest on unpaid money 435696 When is no interest payable on unpaid money 435697 Minister may fix maximum rate for interest on unpaid money 436

Division 2—Sale of water shares to recover unpaid amounts 436

698 Disposal of water shares for unpaid contributions, fees and other amounts 436

699 Application of proceeds 438700 Sale or transfer cancels encumbrances 438


701 Inspection of rate records 439

CHAPTER 10—ECONOMIC REGULATION OF WATER SERVICES 440


702 Non-application to Basin water charges 440703 Application of Essential Services Commission Act 2001 440704 Objectives of the ESC 440705 References to prices 441

PART 10.2—ECONOMIC REGULATORY INSTRUMENTS AND POWERS 442

706 Water industry regulatory order 442707 Water industry regulatory order must be published in the

Government Gazette 444708 Commencement of water industry regulatory order 444709 Other regulatory powers 444710 ESC codes 445711 Regulated entities must comply with ESC code 446


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712 Determination of contributions toward regulatory costs and expenses of ESC 447

713 Payment of contributions toward regulatory costs and expenses of ESC 447

CHAPTER 11—LIABILITIES 449



PART 11.2—LIABILITIES 450


715 References to person acting on behalf of another 450

Division 2—Liability arising out of taking or using water etc. 450

716 Civil liability arising out of unauthorised taking or use of water etc. 450

Division 3—Liability arising out of flow of water etc. 452

717 References to flow of water 452718 Liability arising out of not reasonable flow 452719 Liability arising out of interference with a flow 453720 Matters to which regard is to be had in determining whether

flow is reasonable or not reasonable 455721 Matters to which regard must be had with respect to public

infrastructure 457722 Liability arising out of flow from Authority infrastructure 457723 Liability arising out of flow from Council infrastructure 458724 Provisions applying to causes of action arising under

section 722 or 723 460

Division 4—Liability arising out of carrying out work 462

725 Compensation for damage caused by work 462

PART 11.3—VCAT 464

726 Jurisdiction of VCAT 464

CHAPTER 12—PROVISIONS RELATING TO LAND 466



PART 12.2—POWERS TO ENTER LAND 467

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728 Interpretation 467729 Identification cards 468730 Informed consent 470731 Written notice of entry 472732 Notice to be served in certain circumstances 472733 Obligations in relation to entry under this Part 473734 Restrictions relating to specified infrastructure 474735 Requirements relating to temporary drainage infrastructure

and temporary levees 474736 Powers under Land Acquisition and Compensation

Act 1986 475

Division 2—Entry for non-investigative purposes 475

737 Application of Division 475738 Entry to read or inspect meter—all land and buildings 476739 Entry to perform function or duty or exercise power—

residential land or a building 477740 Entry to perform function or duty or exercise power

(other than to carry out work)—non-residential land 479741 Entry to carry out work—non-residential land 479

Division 3—Entry for investigative purposes 481

742 Entry to land or buildings 481743 Powers that may be exercised on entry under this Division 483744 Application for warrant 484745 Issue of warrant 484746 What does a search warrant authorise? 485747 Announcement before entry 486748 Details of warrant to be given to occupier 487749 Seizure of things not named in the warrant 487750 Receipt for seized things 488751 Return of seized things 489752 Magistrates' Court may extend 90 day period 489753 Disposal of seized things 490

PART 12.3—ACCESS OVER LANDS 491

754 Interpretation 491755 Application 491756 Access by agreement 492757 Appointment of Authority to decide access issues 493

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758 Access without agreement 493759 Registration of right of access 495760 Variation or revocation of right of access 496761 Infrastructure on land over which right of access is created 497762 Access over land owned by Crown or Victorian Rail Track 500763 Insurance 501764 Costs of deciding an issue 501765 Obstruction offences 502

PART 12.4—SCHEMES ESTABLISHED UNDER COMMUNITY AGREEMENTS 503

766 Definitions 503767 Community agreements 504768 Powers of committee 505769 Serviced properties 507

PART 12.5—OTHER POWERS RELATING TO LAND 508

770 Condition giving authority to enter certain Crown land to install and operate infrastructure 508

CHAPTER 13—ENFORCEMENT AND PROCEEDINGS 509



PART 13.2—GENERAL OFFENCES 510

772 Offence not to comply with permanent water saving prohibition or water supply restriction 510

773 Evidentiary presumption—Non-compliance with permanent water saving prohibition or water supply restriction 510

774 Offence to waste or excessively consume water 511775 Offence to impersonate officers 512776 Offence to obstruct etc. authorised water officers and certain

other persons 512777 Interference with Authority's property 513778 Trespass etc. 514779 Structures etc. on land over which easements, access

agreements or infrastructure exist 515780 Conditions of consent must be complied with 517781 Uncovering or exposing infrastructure if registered easement

or access agreement exists 518782 Uncovering or exposing infrastructure if no registered

easement or access agreement exists 519783 False or misleading information 520

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PART 13.3—REMEDIAL ACTION NOTICES 522

784 Service of remedial action notice 522785 Content of remedial action notice 523786 Non-compliance with remedial action notice 523

PART 13.4—INFRINGEMENT NOTICES 525

787 Power to issue infringement notices 525788 Power to issue infringement notices in relation to

unauthorised taking of specified amounts of water 525789 Penalty for infringement offence for unauthorised taking of

specified amounts of water 526

PART 13.5—AUTHORISED WATER OFFICERS 527

790 Appointment by Authorities of authorised water officers 527791 Appointment by the Minister of authorised water officers 527792 Code of conduct 528793 Identification of authorised water officers 528794 Revocation of appointment 529795 Inquiry into conduct of authorised water officer 530796 Power to require name and address 531

PART 13.6—PROSECUTIONS 532

797 Power to prosecute 532798 Time for commencing proceedings for certain summary

offences 533

PART 13.7—EVIDENTIARY PROVISIONS 534

799 Amount of water—water meters 534800 Amount of water—Authority's power to estimate 534801 Copies of orders and notices of Authorities 535802 Maps and plans 536803 Ownership or occupation of land 536804 Proceedings for the recovery of fees or charges 537805 Officers of corporations 538806 Accuracy of certain instruments 538807 Method of storage or preservation of samples 539808 Contents of sewers, drains and certain other infrastructure 539809 Trade waste 539810 Proof of certain matters not required 540811 Use of analyst's certificate in prosecutions 541812 Authentication of documents 542813 Results of analyses admissible in certain proceedings, despite

rule against hearsay 542


814 Offences by corporations 543

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815 Increased maximum fine for body corporate 543816 Criminal liability of officers of bodies corporate—accessorial

liability 544817 Offences by partnerships and unincorporated associations 546818 Application of penalties 546819 Civil recovery of certain sums and costs not affected by

proceedings or findings of guilt 546

CHAPTER 14—GENERAL 548



PART 14.2—DECLARATIONS, RULES AND OTHER REQUIREMENTS 549

821 Power to declare lake, lagoon, swamp or marsh 549822 Power to declare systems 549823 Power to declare urban areas 549824 Power to declare a public statutory body 550825 Power to make rules 550826 Standard application form 550827 Applicable notification requirements 551

PART 14.3—PANELS AND ADVISORY COMMITTEES 553

Division 1—Panels 553

828 Panels appointed by Minister 553

Division 2—Advisory committees 553

829 Advisory committees appointed by Minister 553

PART 14.4—VCAT REVIEW 555

830 Which decisions are reviewable 555831 Reviews by VCAT 567832 Matters VCAT must take into account in review proceedings 567833 Review by VCAT—connection to Authority's sewerage

infrastructure 568834 Review by VCAT—charges determined on the basis of

valuation of land 569835 Application to VCAT for declaration 569836 Orders for compensation in certain cases 570

PART 14.5—VICTORIAN WATER REGISTER 571

Division 1—Water Register and Registrar 571

837 Continuation of water register 571838 Registrar and staff 571

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839 Responsibility of Minister for the system 572840 Electronic lodgement network 572

Division 2—Recordings in relation to water shares 573

841 Recording of transfer or surrender 573842 Recording of legal personal representatives 573843 Recording of survivor of joint ownership or holding 575844 Recording of trustee of bankrupt 575845 Recording of mortgages 576846 Variation of recorded mortgage of water share 576847 Variation of priority of recorded mortgages 576848 Transfer of recorded mortgage 577849 Procedure in case of default in payment of money secured

or covenant 577850 Power of sale under a recorded mortgage 578851 Notifying the Registrar 579852 Application of purchase money 579853 Vesting of water share in purchaser 579854 Recording of discharge of recorded mortgage 580855 Priority of recordings 580

Division 3—Restriction on public access 581

856 Suppression of certain personal records and information 581

Division 4—Correction and amendment of water register 582

857 Correction and amendment of water register 582858 Notification of parties 583

Division 5—General 583

859 Making false entries etc. in water register 583860 Disclosure of information 584861 Power to require statutory declarations 584862 Recording body may require proof of identity 584863 Recording body may require production of documents 585864 Certificates and evidentiary effect 585865 Method of giving of notices 586866 Power to remit fees 587

PART 14.6—SUPPLEMENTARY PROVISIONS 588

867 Power of Minister to delegate 588868 Powers of Minister in enforcing certain provisions 589869 Power of Minister to give directions 589870 Reimbursement of cost of complying with directions 590871 Power of Minister to exempt 591872 Service of documents on an Authority 591873 Service of documents by an Authority 591

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874 Change of name of Department 593875 Incorporation of documents in orders or other instruments 594876 Supreme Court—limitation of jurisdiction 594877 Regulations 594

CHAPTER 15—SAVINGS AND TRANSITIONAL PROVISIONS 597

878 Schedule 7 597

CHAPTER 16—REPEALS AND AMENDMENTS 598

PART 16.1—REPEALS 598

879 Repeal of Water Act 1989 598880 Repeal of Water Industry Act 1994 598

PART 16.2—AMENDMENTS 599

Division 1—Amendment of Conservation, Forests and Lands Act 1987 599

881 Delegation of powers and functions 599882 New Division 3 of Part 4 inserted 600

Division 3—Rates 600

Subdivision 1—Interpretation 600

30A Interpretation 60030B Determination of valuation equalisation factor 60130C Declared public statutory authorities 601

Subdivision 2—Determination of rates 601

30D Power to determine rates 60130E Net annual values 60230F Applicable rate if rate not determined by Governor

in Council 60430G Rating authority may determine value in respect of

land for purposes of rate to be levied 60530H Minimum amount of rate if rate not determined by

rating authority 60630I Amount instead of a rate determined under

section 30D or that applies under section 30F 608

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30J Applicable rate must not exceed amount specified by the Governor in Council 608

Subdivision 3—Levying and recovery of rates 609

30K Rating authority may levy rates 60930L Rating authority may exempt from liability to pay

rate 60930M Rates to be recovered from owner 61030N Remission etc. of payment of rates 611

Subdivision 4—Miscellaneous matters 611

30O Agreement with metropolitan water corporation with respect to rate collection 611

30P Rate collection by metropolitan water corporation 61230Q Proceedings to levy or recover rates 612

Subdivision 5—Parks and Reserves Trust Account 612

30R Parks and Reserves Trust Account 612

883 New Part 11 inserted 614

PART 11—TRANSITIONAL PROVISIONS—REPEAL OF WATER INDUSTRY ACT 1994 614

124 Definitions 614125 Power to make and levy rates 615126 Applications under section 141 of the old Act 616127 Applicable rate for financial year commencing 1 July

2016 616128 Minimum amount of rate for the financial year

commencing 1 July 2016 617129 Agreement with metropolitan water corporation with

respect to rate collection 617130 Rate collection by metropolitan water corporation 618131 Parks and Reserves Trust Account 618

884 Schedule 1 619885 Schedule 3, item 2 repealed 619886 New Schedule 3A inserted 619

SCHEDULE 3A—Land Exempt from Charges and Rates 619

Division 2—Amendment of Crown Land (Reserves) Act 1978 620

887 Definitions 620888 Minister may purchase and acquire land 620

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889 Appointment of committees of management 621890 Powers of committees of management 621891 Management and control of reserved land 621892 Offence to construct, remove, alter, or carry out maintenance

on, a levee on reserved land 622893 Agreements as to the taking and removal of mineral waters 622894 Section 29E substituted 622895 Control and management of structures and installations 623896 Control and management of water authority structures etc.

in specified regional parks 623897 Works under water licences—Murray River Park 623898 Works under water licences—Kerang and Shepparton

Regional Parks 623899 New section 35A inserted 624

35A Reservation of Wattle Park Land and saving of rights 624

Division 3—Amendment of Land Act 1958 625

900 Definitions 625901 Swamp or reclaimed lands 625902 Offence to construct, remove, alter, or carry out maintenance

on, a levee on certain Crown land 626903 Penalty for depositing rubbish on Crown lands 626904 New Division 15 of Part I inserted 626

Division 15—Powers with respect to certain land 626

229A Power of Secretary to enter into management agreements 626

229B Licences for jetties and mooring 627229C Removal of structures or improvements on expiry or

cancellation of licence 628229D Regulations for reservoir parks land 629229E Regulations for waterways land 630229F Regulations 631

905 Lands of the Crown to be alienated only down to such depths as Governor in Council directs 632

906 Application of purchase money 632907 Definitions 633908 Access etc. to bed and banks of certain watercourses 633909 New section 386A inserted 633

386A Vesting in Crown of bed, banks and soil of certain watercourses 633

910 New Part XVI inserted 634

PART XVI—TRANSITIONAL PROVISIONS—REPEAL OF WATER INDUSTRY ACT 1994 634

417 Definitions 634

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418 Powers of Secretary to enter into management agreements 634

419 Grant of licences for jetties etc. 634420 Regulations 635

Division 4—Amendment of Murray-Darling Basin Act 1993 635

911 Part 3 heading substituted 635912 Acquisition of land 635913 Powers, liabilities and immunities 636914 New Part 3A inserted 636

PART 3A—APPROVAL OR DETERMINATION OF BASIN WATER CHARGES 636

23A Interpretation 63623B This Part to prevail 63823C Application of Commonwealth provisions 63923D Commission is State Agency 63923E Powers of Commission 63923F Cessation of effect of provisions 63923G Power of Commission to apply for accreditation 63923H Notification of accreditation etc. 63923I Recovery of Commission's costs 641

Division 5—Amendment of Road Management Act 2004 642

915 Definitions 642916 Infrastructure Reference Panel 642917 Schedule 5A 642

Division 6—Amendment of Wrongs Act 1958 643

918 New section 23AAB inserted 64323AAB Application of Part 643

919 Application of Part IVAA 643

Division 7—Consequential amendments 644

920 Schedule 8 644

PART 16.3—REPEAL OF CHAPTER AND SCHEDULE 645

921 Repeal of this Chapter and Schedule 8 645__________________

SCHEDULES 646

SCHEDULE 1—Declared Water System Conversions of Take and Use Licences 646

PART 1—INTERPRETATION 646

1 Definitions 646

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2 Meaning of appointed day 6473 Who is a holder of a take and use licence for the purposes

of this Schedule 647

PART 2—CONVERSION 647

4 Application of Part 6475 Entitlement to water share 6486 Determination of portions on conversion of take and use

licences to water shares 6497 Unconfirmed water shares 6498 Dealings in unconfirmed water shares 6509 Arbitration 65110 Procedure and findings of arbitration 65211 Matters to be taken into account in making findings 65212 Notification of award of arbitration 65213 Registrar to register ownership in accordance with the award

of the arbitrator 652

PART 3—OTHER CHANGES ON APPOINTED DAY 653

14 Entitlement to water use licence 65315 Entitlements to works licences 65316 Works licences for extracting water from a waterway in a

declared water system 65417 Amendment of bulk entitlements 65518 Conversion of mortgages 655

PART 4—MISCELLANEOUS 657

19 Conversion rules 65720 Disclosure of information for purposes of conversion 65821 Power to require payment after the appointed day 65922 Application of fees after the appointed day 65923 References to take and use licences 66024 Evidentiary provision, fees and charges under Part 9.2 and 9.3 660

SCHEDULE 2—Registration Licences 662

1 Definitions 6622 Amendment of original registration licences and issue of

new registration licences in certain circumstances 6623 Issue of new registration licences for successors in title 6644 Conversion of registration licences to water shares or take

and use licences 6665 Application of old Act provisions relating to amendment,

revocation, surrender and transfer of registration licences 6676 Continuing operation of registration licences after declaration

of water system 667

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SCHEDULE 3—Subject-Matter for Water Resource Management Orders 668

SCHEDULE 4—Transfer of Property and Staff under an Allocation Statement 673

1 Definitions 6732 Property transferred in accordance with allocation statement 6743 Staff transferred in accordance with allocation statement 6744 Allocation of property etc. subject to encumbrances 6755 Certificate of managing director 6756 Value of transferred property 6767 Substitution of party to agreement 6768 Former transferor instruments 6769 Proceedings 67610 Interests in land 67711 Easements 67712 Amendment of Register 67713 Taxes 67814 Evidence 67815 Validity of things done 678

SCHEDULE 5—Pecuniary Interest Returns 680

1 Definition 6802 Submission of returns 6803 Information to be disclosed in primary and ordinary returns 6814 Registers 6845 Inspection of registers 6846 Persons not to publish information from the register 6857 Misuse of information in the register 6858 Returns of former relevant persons 686

SCHEDULE 6—Subject-Matter for Regulations 687

SCHEDULE 7—Savings and Transitional Provisions 696

PART 1—TRANSITION TO THE NEW ACT 696

Division 1—Interpretation 696

1 Definitions 696

Division 2—Savings and transitional provisions 697

2 General transitional provisions 6973 Declarations 6984 Declared water systems 6985 Water resources assessment program 698

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6 Whole of water cycle management planning framework 6997 Amendment of certain approved management plans 6998 Minister's powers to qualify rights 7009 State observation bores 70110 Old bulk entitlements 70111 Amendment of old bulk entitlements to remove certain

conditions on the repeal day 70112 Amendment of old bulk entitlements after repeal day 70213 Applications for bulk entitlements not dealt with before

repeal day 70314 Applications for amendments of bulk entitlements not dealt

with before repeal day 70415 Assignment of water allocations under bulk entitlements 70416 Applications for approval of water allocation assignments

under bulk entitlements 70417 Applications for transfers of bulk entitlements 70518 Applications for conversion of water shares and old take

and use licences to bulk entitlements 70619 Declarations in relation to the sale of unallocated water 70620 Resource manager and environmental manager appointments 70721 Environmental entitlements 70722 References to environmental entitlements 70723 Requests for allocation of environmental entitlements 70724 Requests for amendment of environmental entitlements not

dealt with before repeal day 70825 Assignment of water allocations 70826 Requests for approval of water allocation assignments under

section 48L 70927 Applications for approval of further assignments of water

allocations under section 48M 70928 Applications for approval of transfers of environmental

entitlements 71029 Applications for conversion of water shares and section 51

licences to bulk entitlements 71130 Water shares 71131 Applications for water shares 71232 Issue of water shares following contract of sale 71233 Limited term transfers 71334 Applications for approval of limited term transfers 71335 Applications for approval of transfers of ownership of water

shares 71336 Assignment of water allocations 71437 Applications for approval of water allocation assignments 71438 Standing directions 71439 Applications for approval of the giving of standing directions 71540 Applications for division of water shares 71541 Applications for consolidation of water shares 717

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42 Applications for surrender of water shares 71743 Applications for cancellation of water shares 71844 Determinations of water allocations 71945 Approvals for the taking of interstate water 71946 Applications for approvals for the taking of interstate water 71947 Approvals for the taking of water outside water system 72048 Applications for approvals for the taking of water outside

water system 72049 Water use approvals under section 64K of the old Act 72050 Applications to use water on land specified in a water-use

licence or water-use registration 72151 Taking water under water shares associated with land 72252 Take and use licences 72253 Registration licences 72354 Applications for take and use licences 72355 Applications for renewal of take and use licences 72356 Amendment by Minister of take and use licences and

registration licences 72457 Applications to amend take and use licences and registration

licences 72558 Notices to revoke take and use licence or registration licence 72659 Applications to cancel take and use licences and registration

licences 72660 Applications to transfer take and use licences 72761 Water-use licences 72762 Applications for water-use licences 72763 Determination of water-use objectives 72864 Determinations of standard water-use conditions 72865 Applications to vary or revoke a condition of a water-use

licence 72866 Suspensions of water-use licences 72967 Cancellation of water-use licence on motion of Minister 72968 Applications for cancellation of water-use licences 73069 Water-use registrations 73070 Applications for water-use registrations 73071 Applications to vary a condition of a water-use registration 73172 Cancellation of water-use registration on motion of Minister 73273 Applications for cancellation of water-use registrations 73274 Seasonal determinations 73375 Water Holder Commissioners 73376 Employees of the Water Holder 73377 Planning by the Water Holder 73378 Ministerial rules relating to the Water Holder 73479 Works licences 73480 Applications for works licences 73581 Applications for renewal of works licences 73582 Applications for amendment of conditions on works licences 736

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83 Applications for transfer of works licences 73684 Application of clauses 85 to 89 73685 Works permits 73786 Applications for works permits 73787 Applications for renewal of works permits 73788 Applications for amendment of conditions on works permits 73889 Applications for transfer of works permits 73890 Application of clauses 91 to 95 73891 Activities permits 73992 Applications for activities permits 73993 Applications for renewal of activities permits 74094 Applications for amendment of conditions on activities

permits 74095 Applications for transfer of activities permits 74096 Underground disposal 74197 Directions concerning bores and dams 74198 Victorian water register 74299 Water corporations 743100 Directors 743101 Administrators 744102 Pecuniary interests 744103 Contracts of insurance 744104 Committees of water corporations 745105 Customer dispute resolution schemes 745106 Employees of water corporations 745107 Superannuation 745108 Saving of rights of public servants 746109 Access over lands 746110 Revocation or variation of right of access 748111 Maintenance of infrastructure 748112 Breaking up roads in maintaining etc. infrastructure 749113 Community drainage, salinity and water supply schemes 750114 Process for transfer of property etc. of Authorities 750115 Drillers' Licensing Board 751116 Driller's licences 751117 Advisory committees 751118 Incorporated committees 752119 Victorian Water Trust Advisory Council 752120 Levee maintenance permits 753121 Applications for levee maintenance permits 753122 Continuation of districts 753123 Recreational areas 754124 Leases and licences in recreational areas 754125 Houseboat licences 755126 Particular powers of Authorities 755127 Commercial ventures 755128 Intellectual property 755

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129 Easements and reserves 756130 Management of Crown land 756131 Leases and licences obtained under the old Act 756132 Leases and licences granted under the old Act 757133 Easements granted under the old Act 757134 Serviced properties 757135 Transitional arrangements for certain properties 758136 Authority may lodge plan at central plan office 759137 Decisions under the old Act to reduce, restrict or discontinue

water supply 761138 Notices under section 133(1A)(a) and (1B)(a) of the old Act 762139 Notice under section 133(2) of the old Act 762140 Continuing application of old Act to notices to repair and

notices of contravention 763141 Control over connections—consent 763142 Control over connections—applications for consent 763143 Trade waste and other discharges 764144 Trade waste agreements 764145 Structures over works—consents 764146 Structures over works—applications for consent 764147 Determination of disputes 765148 Authority may send water into waterway etc. 765149 Information statements 765150 Emergency management—plans 765151 Emergency management—notices 765152 Emergency management—Orders 765153 Reconfiguration plans 766154 New works 767155 Statements of obligations of Authorities with waterway

management functions 767156 Designated works 767157 Designated land or works—Melbourne Water Corporation 767158 Preparation of regional waterway strategies 767159 Approval of regional waterway strategies 768160 Seasonal watering proposals 768161 Works that interfere with designated land or works—

consents 768162 Permits under By-Law No. 2: Waterways, Land and Works

Protections and Management—Melbourne Water Corporation 768

163 Control over connections and discharges—consents 769164 Ministerial rules for regional waterway strategies and

seasonal proposals 769165 Declarations by Authorities under section 203 of the old Act 769166 Review of declarations 770167 Control over works and structures—consents 770168 Water management schemes—investigations 770

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169 Water management schemes—prepared but notice not published 771

170 Approval of water management schemes 771171 Drainage courses 772172 Drainage courses—applications for consent 772173 Irrigation period 772174 General powers and duties of Authorities under Part 11 773175 Authority to determine volumes and periods of delivery 773176 Variation of delivery determinations on application 773177 Determination to transfer volume or periods 774178 Authority to fix terms and conditions for the service of

delivering water 774179 Ministerial directions 774180 Declaration that property not to be serviced property 774181 Authority may reduce, restrict or discontinue delivery of

water 775182 Special water supply catchment areas and plans 775183 Authorised water officers 776184 Power of Minister to give directions 776185 Trespass etc. 776186 Continuation of delegations and authorisations 776187 Licences, permits and other authorities 778188 General provisions relating to VCAT 779189 By-laws 780190 Saving of development tariff power for South East Water for

duration of the applicable price determination 780

Division 3—Transitional water resource management orders 782

191 Definitions 782192 Making of transitional water resource management orders 783193 Transitional water resource management order must be

published in the Government Gazette 784194 Minister must consult before making transitional water

resource management order 784195 Transitional water resource management orders take effect

on repeal day 784196 Transitional water resource management orders cannot be

made after repeal day 784


197 Regulations dealing with transitional matters 785

SCHEDULE 8—Consequential Amendments 786

1 Accident Compensation Act 1985 7862 Borrowing and Investment Powers Act 1987 7863 Building Act 1993 786

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4 Catchment and Land Protection Act 1994 7865 Climate Change Act 2010 7876 Country Fire Authority Act 1958 7877 Criminal Procedure Act 2009 7888 Docklands Act 1991 7889 Duties Act 2000 78810 EastLink Project Act 2004 78811 Electricity Industry Act 2000 78912 Electricity Safety Act 1998 78913 Environment Protection Act 1970 78914 Essential Services Act 1958 78915 Essential Services Commission Act 2001 78916 Farm Debt Mediation Act 2011 79017 Fire Services Property Levy Act 2012 79018 Fisheries Act 1995 79019 Forests Act 1958 79020 Geothermal Energy Resources Act 2005 79121 Greenhouse Gas Geological Sequestration Act 2008 79122 Groundwater (Border Agreement) Act 1985 79223 Health (Fluoridation) Act 1973 79224 Heritage Rivers Act 1992 79225 Infringements Act 2006 79326 Interpretation of Legislation Act 1984 79327 Lake Corangamite Act 1966 79328 Land Conservation (Vehicle Control) Act 1972 79429 Limitation of Actions Act 1958 79430 Livestock Disease Control Act 1994 79431 Local Government Act 1989 79432 Major Transport Projects Facilitation Act 2009 79433 Melbourne City Link Act 1995 79534 Mineral Resources (Sustainable Development) Act 1990 79535 Mines (Aluminium Agreement) Act 1961 79636 Municipal Association Act 1907 79637 National Parks Act 1975 79738 Offshore Petroleum and Greenhouse Gas Storage

Act 2010 79839 Parks Victoria Act 1998 79840 Petroleum Act 1998 79841 Pipelines Act 2005 79842 Port Management Act 1995 79843 Project Development and Construction Management

Act 1994 79844 Rain-making Control Act 1967 79845 Reference Areas Act 1978 79946 Residential Tenancies Act 1997 79947 Rural Finance Act 1988 79948 Safe Drinking Water Act 2003 799

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49 South Yarra Project (Subdivision and Management) Act 1985 800

50 State Electricity Commission Act 1958 80051 Subdivision Act 1988 80052 Sustainability Victoria Act 2005 80153 Traditional Owner Settlement Act 2010 80154 Transfer of Land Act 1958 80255 Transport (Compliance and Miscellaneous) Act 1983 80256 Transport (Safety Schemes Compliance and

Enforcement) Act 2014 80257 Transport Integration Act 2010 80358 Treasury Corporation of Victoria Act 1992 80359 Valuation of Land Act 1960 80360 Victorian Civil and Administrative Tribunal Act 1998 80361 Victorian Environmental Assessment Council Act 2001 80462 Victorian Plantations Corporation Act 1993 80463 Wildlife Act 1975 80464 Workplace Injury Rehabilitation and Compensation

Act 2013 805__________________

DICTIONARY 806

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ENDNOTES 837

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A Bill for an Act to re-enact, with amendments, the law relating to water in Victoria, to repeal the Water Act 1989 and the Water

Industry Act 1994, to consequentially amend other Acts and for other purposes.

The Parliament of Victoria enacts:

CHAPTER 1—PRELIMINARY

PART 1.1—PURPOSES AND COMMENCEMENT

1 Purposes

The main purposes of this Act are—

(a) to restate, with amendments, the law relating to water in Victoria; and

(b) to reform the regulatory framework for water management and use across Victoria; and

(c) to further improve how water corporations are governed; and

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(d) to provide enhanced compliance and enforcement provisions.

2 Commencement

(1) This Part comes into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 1 January 2016, it comes into operation on that day.

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PART 1.2—INTERPRETATION

3 Dictionary

(1) The Dictionary at the end of this Act defines expressions used in this Act.

(2) The Dictionary forms part of this Act.

4 Objects of Act

This Act has the following objects—

(a) to promote the orderly, equitable and efficient use of water resources;

(b) to promote whole of water cycle management;

(c) to make sure that water resources are conserved and properly managed for present and future Victorians;

(d) to provide a system of water resource management that balances environmental, economic, social and cultural values over both the long term and the short term;

(e) to provide clearly defined rights to water for all users;

(f) to provide for the preservation and improvement of the environmental values and health of water ecosystems;

(g) to foster the provision of responsible, efficient and responsive water services;

(h) to manage the impacts of infrastructure and activities related to water on environmental, economic, social and cultural values;

(i) to provide for the protection of potable water supplies;

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(j) to encourage and facilitate community involvement in the making and implementation of arrangements relating to the use, conservation and management of water resources and water ecosystems.

5 Core considerations

If under a provision of this Act a decision maker is required to have regard to the core considerations, the reference to the core considerations is a reference to the following—

(a) any adverse effect that the making of the decision is likely to have on—

(i) any authorised use or taking of water, including environmental water; or

(ii) any other water that contributes to the preservation of the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality; or

(iii) a waterway or its surrounds; or

(iv) an aquifer or the water within it; or

(v) the existing or projected availability of water;

(b) the need to preserve the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality, and the other values that depend on the health of water ecosystems;

(c) any relevant regional resource assessment, strategic review or targeted review;

(d) any relevant management plan made under a whole of water cycle management planning framework;


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(e) any relevant submission or comment received by the decision maker or report of a panel or committee established by the decision maker under this Act.

6 The precautionary principle

(1) The Minister or an Authority in making a decision under this Act must have regard to the principle set out in this section.

(2) If there are threats of serious or irreversible environmental damage, lack of full scientific certainty is not to be used as a reason for postponing measures to prevent environmental degradation.

(3) Decision making must be guided by—

(a) a careful evaluation to avoid serious or irreversible environmental damage, wherever practicable; and

(b) an assessment of the risk-weighted consequences of various options.

7 Strict liability offences

(1) If an offence created by this Act is described as being a strict liability offence, there are not any fault elements for the physical elements of the offence.Note

An offence generally consists of physical elements (such as an act or an omission to act) and fault elements (such as intention, recklessness, negligence and knowledge). However, for a strict liability offence, the prosecution need only prove the physical elements, for example, that the holder of a works licence did an act that contravened the conditions of the licence (see section 521). The prosecution does not have to prove what the mental state of the person was at the time of doing the act, for example, that the person intended to do the act or knew that the act contravened the conditions.


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(2) However, if, in carrying out conduct that would otherwise constitute an offence referred to in subsection (1), a person acts under an honest and reasonable mistake as to the existence of facts which, if true, would have made the person's conduct innocent, the person does not commit an offence.

(3) The provision creating an offence referred to in subsection (1) may provide other defences.Example

Being authorised by or under this Act to carry out the conduct in question may be specified as a defence.

(4) The fact that an offence is not described as being a strict liability offence does not mean that it is not.

Note

This section explains what is meant when this Act describes an offence as being a strict liability offence.

8 References to land

(1) Unless the context otherwise requires, a reference in this Act to the doing, or omitting to do, of any thing on land or the existence of any thing on land (including a flow of water and infrastructure) must be construed as including a reference to the doing or omitting to do of that thing, or the existence of that thing, above, over or under the land.

(2) To avoid doubt, land in subsection (1) includes land that is a waterway.

9 Simplified outlines

If a simplified outline of any portion of this Act is set out in a section of this Act, the outline is intended only as a guide to readers as to the general scheme and effect of that portion.


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10 References to Parts

Unless the context otherwise requires, a reference in this Act to a Part by a number must be construed as a reference to the Part, designated by that number, of this Act.

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PART 1.3—APPLICATION

11 Agreements to which Act is subject

This Act is subject to—

(a) the Murray-Darling Basin Agreement; and

(b) the Border Groundwaters Agreement.

12 Act binds the Crown

This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.

13 Extra-territorial operation

It is the intention of the Parliament that the operation of this Act should, so far as possible, include operation in relation to land, things, acts, transactions and matters (wherever situated, done, entered into or occurring) so as to give effect to any intergovernmental agreement relevant to that operation to which the State is a party.

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CHAPTER 2—RESOURCE ASSESSMENT AND PLANNING

PART 2.1—PRELIMINARY

14 Simplified outline

(1) This section is a simplified outline of this Chapter.

(2) This Chapter gives an overview of the Minister's responsibilities in relation to the availability, condition and use of the State's water resources and the recording of how the resources are allocated and used.

(3) The Minister must cause assessment programs to be conducted in relation to water resources at both a State and regional level.

(4) Various powers are conferred on the Minister for the purposes of conducting assessment programs.

(5) The Minister is empowered to conduct a review at a regional level of existing measures to plan for or respond to long term risks to water supply or water quality and make recommendations.

(6) The Minister may also develop a whole of water cycle management planning framework under which management plans for urban areas may be prepared.

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PART 2.2—RESPONSIBILITIES AND POWERS OF MINISTER

15 Responsibilities of Minister

(1) The Minister must make sure—

(a) that a continuous program of assessment of the State's water resources is conducted; and

(b) that a program of assessment of the water resources of a region is conducted when required under this Act; and

(c) that a strategic review of measures necessary to plan for, or respond to, identified risks to the reliability of supply, or to the quality, of water in a region is conducted when required under this Act; and

(d) that a targeted review of entitlements to water from a particular water system is conducted when required under this Act (see Part 3.5); and

(e) that information about the conduct of, or the outcome of, any assessment or strategic or targeted review referred to in paragraphs (a) to (d) is made publicly available; and

(f) that a system for the water register is maintained and developed so that records and information can be kept about entitlements to water and the allocation and use of water resources (see Part 14.5).

(2) The Minister must make sure that—

(a) information about the availability, condition and use of the State's water resources is made publicly available every 12 months; and


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(b) information about changes in the condition of the State's water resources is made publicly available every 5 years.

16 Assessment program

(1) A program of assessment of water resources must provide for the collection, collation, analysis and publication of information about—

(a) the availability of water, including surface water and groundwater; and

(b) the use and re-use of water resources; and

(c) the use of one water source as a substitute for another one; and

(d) environmental water or any other water that contributes to the preservation of the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality; and

(e) floodwaters; and

(f) drainage and waterway management; and

(g) water quality (including salinity); and

(h) in-stream uses of water; and

(i) the disposal of drainage, sewage and trade waste; and

(j) the current and historic levels of allocation and use of surface water and groundwater; and

(k) the current and historic condition of waterways and aquifers; and

(l) anything else that the Minister decides is appropriate.


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(2) The Minister may do anything that is necessary or convenient to be done for or in connection with, or as incidental to, the conduct of a water resources assessment program.

(3) Without limiting subsection (2), the Minister may—

(a) carry out surveys and hold inquiries; or

(b) measure and record the flow of water in—

(i) waterways; or

(ii) other areas in which water collects; or

(c) investigate groundwater; or

(d) investigate environmental water; or

(e) monitor the physical, chemical and bacteriological quality of water; or

(f) investigate the effect of climatic conditions on the occurrence and quality of water; or

(g) investigate the interaction between groundwater and surface water; or

(h) monitor the flows of receiving waters for drainage, sewage and trade waste; or

(i) establish and maintain infrastructure.

17 Powers of the Minister in relation to land

(1) For the purposes of a water resources assessment program the Minister may—

(a) purchase or compulsorily acquire any land that is required for the construction or installation of infrastructure; or

(b) authorise a person to enter any land to construct, install, alter, decommission or replace infrastructure; or


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(c) authorise a person to enter any land—

(i) to carry out observations (including taking water samples); or

(ii) to operate or maintain infrastructure.

(2) Before entering under subsection (1)(b) land of a type specified in column 2 of the Table to construct, install, alter, decommission or replace a State monitoring station on that land, an authorised person must obtain the consent of the person specified in column 3 of the Table in relation to that land.

TABLE

Column 1

Item

Column 2

Type of land

Column 3

Person giving consent

1 Land vested in a public statutory body

The public statutory body

2 Land which is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993

The licensee

3 Land that is a road The coordinating road authority (within the meaning of the Road Management Act 2004) for the road

4 Crown land The person responsible for the control and management of the land


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(3) A power of entry under subsection (1)(b) or (c) on land of a type specified in column 2 of the Table in subsection (2) may only be exercised between the hours of 7 a.m. and 6 p.m. unless—

(a) in the case where there has been entry with the consent of the person specified in column 3 of that Table, the person has also consented to the authorised person entering or remaining on the land outside those hours; or

(b) an authorised person reasonably believes that there is an emergency that makes it necessary to enter or remain on the land at any time.

(4) Nothing in Part 12.2 (other than section 729) applies to entry under subsection (1)(b) or (c) on land of a type specified in column 2 of the Table in subsection (2). However, that Part applies to entry on any other land under subsection (1)(b) or (c).

(5) The Land Acquisition and Compensation Act 1986 applies to any purchase or compulsory acquisition of land under this Part and for that purpose—

(a) this Part is the special Act; and

(b) the Minister is the Authority.

18 Compensation

(1) A person authorised by the Minister to enter land under section 17(1)(b) or (c) to carry out work must cause as little damage and inconvenience as possible in carrying out that work.

(2) The Minister is liable to compensate any person who has sustained any pecuniary loss or incurred any expense as a direct, natural and reasonable


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consequence of the carrying out of work under section 17(1)(b) or (c).

(3) The Minister is not liable to compensate a person for consequential loss.

(4) Any claim for compensation must be made and dealt with in accordance with the Land Acquisition and Compensation Act 1986 as if it were a claim under section 47(1) of that Act.

19 Powers of the Minister in relation to information

For the purposes of a water resources assessment program the Minister may—

(a) require any person (including a public statutory body) taking part in the program or otherwise collecting information of a kind referred to in section 16(1)—

(i) to keep records of all information collected; and

(ii) to give the Minister copies of those records on request; or

(b) direct any Authority—

(i) to collect and record information of a kind referred to in section 16(1) that is related to the Authority's functions; and

(ii) to provide that information to the Minister in any form that the Minister requires.

20 Offence to interfere with infrastructure etc.

(1) A person must not, without the consent of the Minister—

(a) destroy, damage, remove, alter or in any way interfere with any infrastructure established under section 16(3)(i); or


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(b) use any State observation bore.

Penalty: Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.

(2) An offence against subsection (1) is a strict liability offence.

Note

Section 816 applies to an offence against subsection (1).

21 Giving of information to Minister

(1) A person must comply with a requirement of the Minister under section 19(a).

Penalty: Level 9 fine (60 penalty units maximum).


(3) Except with the permission of the person who gave a copy of the record to the Minister, the Minister must not disclose to any person any information contained in a copy of a record given to the Minister under section 19(a).

(4) Subsection (3) does not apply to information contained in a report created for the purposes of section 15(2) that does not include the names and addresses of individuals.

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PART 2.3—REGIONAL RESOURCE ASSESSMENTS

22 Nature of a regional resource assessment

A regional resource assessment must—

(a) identify and assess the long term risks to the reliability of supply, and to the quality, of water for both environmental and consumptive uses in the region and identify the existing measures to plan for, or to respond to, those risks; and

(b) recommend whether a strategic review be undertaken having regard to the severity of the risks and the likelihood that better measures might be identified through such a review process.

23 Conduct of a regional resource assessment

(1) The Minister must conduct a regional resource assessment for each region of the State at intervals of no longer than 15 years.

(2) The Minister may determine what constitutes a region for the purpose of this Part.

(3) The Minister must publish notice of the conduct of an assessment in a local newspaper circulating generally in the region to which it relates.

(4) A notice under subsection (3) must indicate—

(a) the process to be followed for the conduct of the assessment; and

(b) the timelines within which the assessment is to be conducted.

(5) In conducting an assessment, the Minister must consult with the panel appointed under section 24.

(6) The first assessment for each region must be completed by no later than 1 January 2020.


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24 Panel to be appointed by the Minister

The Minister must appoint a panel of persons to advise the Minister on—

(a) the preparation of a regional resource assessment; and

(b) the findings and recommendations contained in a draft regional resource assessment that is made publicly available under section 25; and

(c) any other matter requested by the Minister relating to a regional resource assessment.

Note

Section 828 applies to a panel appointed under this section.

25 Draft regional resource assessment

The Minister must—

(a) make a draft regional resource assessment publicly available for at least 2 months after its preparation; and

(b) publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally in the region to which the assessment relates stating that the draft assessment is publicly available and inviting written comments by a specified date; and

(c) consider any written comments made by the specified date; and

(d) consider any report on the draft made by the panel appointed under section 24; and

(e) make any changes to the draft that the Minister considers appropriate.


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26 Final regional resource assessment

After complying with section 25, the Minister must make the following publicly available—

(a) the regional resource assessment; and

(b) the report of the panel on the draft assessment; and

(c) if that report sought the making of a change to the draft which was not made by the Minister, the Minister's reasons for not doing so.

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PART 2.4—STRATEGIC REVIEWS

27 Nature of a strategic review

A strategic review undertaken for the purpose of planning for, or responding to, long term risks to the reliability of supply, or to the quality, of water for both environmental and consumptive uses in a region—

(a) must identify and assess existing measures in place for that purpose and may recommend—

(i) different options in relation to existing measures; or

(ii) new measures; and

(b) may recommend that a targeted review of water entitlements be undertaken for a particular water system.

28 Conduct of a strategic review

(1) The Minister may at any time conduct a strategic review for a region.

(2) The Minister must conduct a review for a region if a regional resource assessment for that region recommends that one be conducted.

29 Notification of review

(1) The Minister must give notice of the conduct of a review to any Authority whose interests the Minister considers are likely to be affected by it.

(2) The Minister must also publish notice of the conduct of a review in a local newspaper circulating generally in the region to which it relates.


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(3) A notice under subsection (1) or (2) must indicate—

(a) the process to be followed for the conduct of the review; and

(b) the timelines within which the review is to be conducted.

30 Advisory committee to be appointed by the Minister

(1) The Minister must appoint an advisory committee to advise the Minister on—

(a) the conduct of a strategic review; and

(b) any other matter requested by the Minister relating to such a review.

(2) Without limiting section 829(2), the membership of an advisory committee must include persons who represent—

(a) the community affected by the review; and

(b) water entitlement holders affected by the review.

Note

Section 829 applies to an advisory committee appointed under this section.

31 Draft report of strategic review


(a) make a draft report of a strategic review publicly available for at least 2 months after its preparation; and

(b) publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally in the region to which the review relates stating that the draft report is publicly available and inviting written comments by a specified date; and


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(d) consider any written comments on the draft made by the advisory committee appointed under section 30; and


32 Final report of review

After complying with section 31, the Minister must make a report of the findings of, and recommendations made by, a strategic review publicly available.

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PART 2.5—WHOLE OF WATER CYCLE MANAGEMENT

33 Nature of a whole of water cycle management planning framework

A whole of water cycle management planning framework must—

(a) establish a whole of water cycle planning approach for defined urban areas that takes account of local land uses as well as the interactions within and between the various components of the cycle; and

(b) provide for the development of management plans under the framework for urban areas determined by the Minister; and

(c) guide the preparation of the management plans through establishing guidelines and criteria for whole of water cycle management in urban areas and setting out how management plans for different urban areas relate to each other; and

(d) establish indicators to assess the performance of the management plans and guide their review and updating on a 10 year basis.

34 Preparation of planning framework

(1) The Minister may prepare a whole of water cycle management planning framework for a 10 year period for an area determined by the Minister.

(2) The Minister must publish notice of the preparation of a whole of water cycle management planning framework in a local newspaper circulating generally in the area to which it relates.

(3) A notice under subsection (2) must indicate—

(a) the process to be followed for the preparation of the framework; and


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(b) the timelines within which the framework is to be prepared.

(4) In preparing a framework, the Minister must consult with the advisory committee appointed under section 35.



(a) the preparation of a whole of water cycle planning framework; and

(b) any other matter requested by the Minister relating to the framework.

(2) Without limiting section 829(2), the membership of an advisory committee must include persons who represent water corporations and Councils affected by the framework.

Note


36 Draft framework


(a) make a draft of a whole of water cycle management framework publicly available for at least 2 months after its preparation; and

(b) publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally in the area to which the framework relates stating that the draft is publicly available and inviting written comments by a specified date; and



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(d) consider any written comments on the draft made by the advisory committee appointed under section 35; and


37 Final framework

After complying with section 36, the Minister must make the finalised whole of water cycle management framework publicly available.

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CHAPTER 3—RIGHTS IN RELATION TO WATER




(2) This Chapter—

(a) sets out the rights to water that a person has by operation of this Act, including the right of the Crown to the use, flow and control of water and the rights of a water corporation or Council to water in its stormwater infrastructure; and

(b) sets out the rights of members of a traditional owner group to take and use water for traditional purposes; and

(c) specifies what a water entitlement authorises.

(3) The Minister may conduct targeted reviews of water entitlements from a water system at intervals of no less than 15 years.

(4) The Minister may qualify rights to water, either on a temporary or permanent basis.

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PART 3.2—STATUTORY RIGHTS

39 Crown rights to water

The Crown has the right to the use, flow and control of all water—

(a) in a waterway; and

(b) in an aquifer; and

(c) in stormwater infrastructure.

40 Statutory rights to water

(1) A person has the right to take water (free of charge) from a waterway or, by means of a bore, from an aquifer to which that person has access—

(a) by a public road or through Crown land; orExample

Crown land reserved either temporarily or permanently under section 4(1) of the Crown Land (Reserves) Act 1978 for a public purpose.

(b) because that person occupies the land on which the water flows or occurs; or

(c) for a waterway the bed and banks of which have remained the property of the Crown by virtue of section 385 of the Land Act 1958 or any corresponding previous enactment, because that person occupies land adjacent to it that has been alienated by the Crown; or

(d) for an aquifer, because that person occupies the overlying land and the bore is located on that land and, if the bore is a State observation bore, that person is authorised by the Minister to exercise the right.

Note

See also section 620 for the ability of a water corporation to charge for reliability services it provides.


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(2) A person has the right to use water taken by that person under subsection (1) in the circumstances set out in paragraph (a) of that subsection—

(a) for water taken from a waterway—

(i) for any purpose, at the place at which it is taken; or

(ii) for a purpose, and at a place, specified by the Minister by notice published in the Government Gazette; and

(b) for water taken from an aquifer—

(i) for that person's domestic and stock use; or

(ii) for a purpose specified by the Minister by notice published in the Government Gazette.

(3) A person has the right to use, for that person's domestic and stock use, water taken by that person from a waterway under subsection (1) in the circumstances set out in paragraph (b) or (c) of that subsection.

(4) A person has the right to use, for that person's domestic and stock use, water taken by that person from an aquifer under subsection (1) in the circumstances set out in paragraph (d) of that subsection.

(5) A person has the right to use, while it is within the waterway or aquifer, water which that person has the right to take under subsection (1).

(6) A person has the right to use, for any purpose and on any land, rainwater or other water that occurs or flows (otherwise than in a waterway or an aquifer or in stormwater infrastructure) on land occupied by that person or, with the permission of the other person, on land occupied by another person.


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(7) Subsection (6) does not apply to a use (other than domestic and stock use) of—

(a) water from a spring or soak; or

(b) water in or from a private dam (to the extent that it is not rainwater supplied to the dam from the roof of a building).

(8) A right conferred by this section is limited only to the extent to which an intention to limit it is expressly (and not merely impliedly) provided by—

(a) this Act or the regulations; or

(b) a water resource management order; or

(c) any licence issued, or other authority given, under this Act; or

(d) any agreement made under this Act; or

(e) any other Act or any authority given under any other Act.

Note

See, for example, sections 43 and 620.

(9) This section does not authorise any act or omission that may—

(a) cause any water to be polluted; or

(b) obstruct the flow of any water in a waterway; or

(c) erode or otherwise damage the surrounds of a waterway.

41 Water corporation and Council rights to stormwater

(1) A water corporation has the right to take and use water that is in its stormwater infrastructure.

(2) A Council has the right to take and use water that is in its stormwater infrastructure.


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(3) A right conferred by this section is subject to—

(a) any applicable water resource management order; or

(b) any licence issued by the Minister to any person, or any authorisation given by this Act, to take and use water from the stormwater infrastructure of a water corporation or a Council.

(4) Nothing in this section confers a right with respect to water in a waterway.

42 Effect of statutory rights on common law rights

(1) The rights to water conferred by or under this Act on a person who has an interest in land replace any rights of a kind set out in subsection (2) that the person might otherwise have been able to enforce against the Crown or any other person because of, or as an incident to, that interest.

(2) The rights are—

(a) a right to take or use water; or

(b) a right to obstruct or deflect the flow of water; or

(c) a right to affect the quality of water; or

(d) a right to receive any particular flow of water; or

(e) a right to receive a flow of water of any particular quality.

Note

This section re-enacts section 8(7) of the Water Act 1989. Under that section common law rights were replaced by the rights to water conferred by or under that Act.


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43 Allocation of water right on subdivision

(1) This section applies if—

(a) at the commencement of this section a person has a right under section 40(1) to take water from a waterway because that person occupies land on which the water flows or occurs or land adjacent to the waterway; andNote

See section 40(1)(b) and (c).

(b) on or after that commencement that land is subdivided.

(2) Only the person who occupies one of the subdivided lots has, after the subdivision, the right to take water referred to in subsection (1).

(3) Also, the subdivided lot, the occupier of which has the right to take water from the waterway, must—

(a) have the waterway flowing or occurring on it or be adjacent to the waterway; and

(b) have the right to take water allocated to it on the registration of the plan of subdivision in accordance with section 24(2)(da) of the Subdivision Act 1988.

(4) If the right to take water referred to in subsection (1) is not allocated as set out in subsection (3)(b), no occupier of a subdivided lot has that right.

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PART 3.3—TRADITIONAL RIGHTS

44 Traditional owner rights

(1) This section applies if a traditional owner group entity has a natural resource agreement under Division 2 of Part 6 of the Traditional Owner Settlement Act 2010 in relation to an area of land.

(2) Any member of the traditional owner group that appointed the entity to represent the group in relation to that area has the right to take and use water under and in accordance with an authorisation order given under section 85 of the Traditional Owner Settlement Act 2010.Note

An order under section 85(1) of the Traditional Owner Settlement Act 2010 authorises a member of the traditional owner group to take and use water from a waterway or bore for traditional purposes where the member has access to the waterway or bore in the circumstances set out in section 40(1).

(3) This section does not take away from any right of a member of the traditional owner group to take and use water under section 40.

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PART 3.4—WATER ENTITLEMENT RIGHTS

Division 1—Water entitlements to take water

45 What a bulk entitlement authorises

(1) A bulk entitlement authorises the taking and using, under a water allocation for that entitlement, of the kind of water specified in subsection (2)—

(a) during the water season for which the water allocation is allocated; and

(b) if permitted to do so under a water resource management order, in a subsequent water season.

(2) For the purposes of subsection (1), the kind of water is—

(a) water from a water source (including the River Murray); or

(b) water, other than recycled water, from any infrastructure of an Authority; or

(c) any other water, other than recycled water, to which an Authority has access.

(3) The authority to take and use water under a bulk entitlement is subject to—

(a) any other provision of this Act; and

(b) any applicable water resource management order; and

(c) any conditions to which an applicable approval under Division 1 of Part 4.10 is subject; and

(d) in the case of a bulk entitlement holder, the conditions specified in the bulk entitlement.


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(4) In this section—

water allocation means—

(a) the amount of water determined under a system allocation determination to be available for the bulk entitlement; or

(b) if no system allocation determination is made for the entitlement, the water that is available to be taken in any water season under the bulk entitlement.

46 What a water share authorises

(1) A water share authorises the taking, under a water allocation for the share, of the kind of water specified in subsection (2)—

(a) during the water season for which the water allocation is allocated; and

(b) if permitted to do so under a water resource management order, in a subsequent water season.

(2) For the purposes of subsection (1), the kind of water is water from a water source that is part of a declared water system.

(3) The authority to take water under a water share is subject to—



(c) any conditions to which an applicable approval under Division 1 of Part 4.10 is subject; and

(d) any works licence.


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water allocation means the amount of water allocated to the water share at a particular time, in accordance with Division 5 of Part 4.4.

47 What a take and use licence authorises

(1) A take and use licence authorises—

(a) the licence holder to take and use—

(i) an amount of water of the kind specified in subsection (2) in a water season; and

(ii) if permitted to do so under a water resource management order, an amount of water of the kind specified in subsection (2) in a subsequent water season that was not taken in the previous water season; or

(b) the licence holder to take and use an amount of water from the stormwater infrastructure of a Council that is within a specified stormwater area; or

(c) the licence holder to collect or store water in a private dam and use water from that private dam; or

(d) the interception of an amount of surface water or groundwater by a specified forest plantation of which the licence holder is the forest plantation manager.Notes

1 As to how surface water or groundwater is intercepted by a forest plantation see section 67.


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2 Forest plantation manager is defined in section 67(4) and specified forest plantation is defined in section 164.

(2) For the purposes of subsection (1)(a), the kind of water is—

(a) water from a water source (including the River Murray); or

(b) water, other than recycled water, from any infrastructure of an Authority.

(3) An authority referred to in subsection (1) is subject to—



(c) the conditions specified in the take and use licence.

Division 2—Statutory authority to take water

48 Authorities authorised to take water when performing certain functions

Subject to a water resource management order, an Authority is authorised to take water from a water source for the purpose of performing a function under Division 4 of Part 7.5.

49 Authority to take water from declared water system under a right in another State or a Territory

(1) A person who has a right in another State or a Territory that is equivalent to the right to take water under a water share, and who has obtained the approval of the Minister under Division 1 of Part 4.10 to take water at a place from a declared water system, is authorised to take water at that place.


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(2) The authority to take water under subsection (1) authorises the person—

(a) to take water in a water season; or

(b) if permitted to do so under a water resource management order, to take water in a water season that was not taken in a previous water season.

Division 3—Water entitlements to use water

50 What a water use licence authorises

(1) A water use licence authorises a person to use water from a declared water system for the purposes of irrigation and any other purpose on land that is specified in the licence.



(b) the conditions specified in a water use licence.

51 What a water use registration authorises

(1) A water use registration authorises a person to use water from a declared water system on land in respect of which the registration is granted for—

(a) a purpose specified for the registration (other than irrigation); or

(b) if irrigation of a kind is prescribed for the purposes of this paragraph, that irrigation.



(b) the conditions to which a water use registration is subject.

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Part 1.3—Application

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PART 3.5—TARGETED REVIEWS

52 Purpose of a targeted review

The purpose of a targeted review of a water system is to—

(a) identify whether or not a decline in the long term availability of surface water or groundwater is impacting adversely on the health of the water system and on any environmental, economic, social or cultural values supported by it; and

(b) if not already done in a relevant strategic review, identify and assess different options for improving the health of the water system; and

(c) propose measures for improving the health of the water system, which may include a permanent qualification of a right to water from it.Note

See section 61.

53 Conduct of a targeted review

(1) The Minister may at any time (including if recommended by a strategic review) conduct a targeted review of a particular water system.

(2) However, the Minister must not conduct such a review in relation to a particular water system if one has been conducted in relation to that system within the preceding 15 years.

54 Notification of targeted review

(1) The Minister must give notice of the conduct of a targeted review to any Authority whose interests the Minister considers are likely to be affected by it.


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(2) The Minister must also publish notice of the conduct of a review in a local newspaper circulating generally in the area in which the water system to which it relates is located.

(3) A notice under subsection (1) or (2) must indicate—

(a) the process to be followed for the conduct of the review; and

(b) the timelines within which the review is to be conducted.



(a) the conduct of a targeted review; and

(b) any other matter requested by the Minister relating to the review.

(2) Without limiting section 829(2), the membership of an advisory committee must include persons who represent—

(a) the community affected by the review; and

(b) holders of water entitlements affected by the review.

Note


56 Draft report of targeted review


(a) make a draft report of a targeted review publicly available for at least 2 months after its preparation; and


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(b) publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally in the area in which the water system to which the review relates is located stating that the draft report is publicly available and inviting written comments by a specified date; and


(d) consider any written comments on the draft made by—

(i) the advisory committee appointed under section 55; or

(ii) any panel appointed under section 828; and


57 Final report of review

After complying with section 56, the Minister must make a report of the findings of, and measures proposed by, a targeted review publicly available.

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PART 3.6—QUALIFICATION OF RIGHTS

58 Definition

In this Part—

right to water means—

(a) a right to water under any provision of Part 3.2 other than section 39 or 40(6); or

(b) a right to take and use water under a bulk entitlement; or

(c) in relation to water in a declared water system, a right to take water under a water share issued in relation to the system; or

(d) a right to take and use water under a take and use licence other than—

(i) a right to collect or store water in a private dam and use water from that private dam; or

(ii) the interception of an amount of surface water or groundwater by a specified forest plantation; or

(e) a right to take water under section 48 or 49.

59 Declaration of water shortage

(1) The Minister may declare that a water shortage exists in an area or water system.

(2) The Minister may make a declaration under subsection (1) only if of the opinion that the volume or quality of water available in the area or system is, or will shortly be, inadequate to—

(a) satisfy any rights to water (whether or not they relate to that area or water system); or


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(b) satisfy any commitment of, or preservation of, surface water flows under a water resource management order.

(3) The Minister may form an opinion under subsection (2) for any reason.

60 Temporary qualification of rights to water

(1) This section applies if the Minister makes a declaration under section 59 that a water shortage exists in an area or water system.

(2) The Minister may temporarily qualify any rights to water whether or not they relate to the same area or water system.

(3) For the purposes of a temporary qualification of rights to water under subsection (2), the Minister, by order published in the Government Gazette, may—

(a) determine the class of any rights to water; and

(b) assign a priority to each of those classes.

(4) Any temporary qualification of rights to water under subsection (2) must be made in accordance with the priority of the class of right specified in an order under subsection (3).

(5) Subject to subsections (3) and (4), any temporary qualification of rights to water under subsection (2) must apply to all rights in the same proportion, unless the Minister is of the opinion that the circumstances are so extreme as to justify some other basis.


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61 Permanent qualification of rights to water

(1) The Minister, at any time after making a report of the findings of, and measures proposed by, a targeted review publicly available under section 57, may permanently qualify any rights to water.

(2) In deciding to permanently qualify rights to water under subsection (1), the Minister must have regard to—

(a) the outcome of the targeted review; and

(b) any advice provided to the Minister by any panel appointed under section 828; and

(c) any relevant environmental, economic, social and cultural matters.

(3) A permanent qualification of rights to water under subsection (1) must not take effect in relation to an area or water system before—

(a) 3 August 2021; or

(b) the expiry of a period of 15 years after any previous such qualification took effect in relation to that area or water system.

62 Procedures applying to qualifications

(1) A qualification of rights to water under this Part must be done by—

(a) giving notice of the qualification to the person affected; or

(b) causing notice of it to be published in a newspaper generally circulating—

(i) in the area to which the qualified rights to water relate; or

(ii) in the area in which the water system to which the qualified rights to water relate is located.


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(2) A notice given or published under subsection (1) may specify the criteria according to which the Minister made the qualification.

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CHAPTER 4—TAKING AND USING WATER




(2) This Chapter sets out—

(a) the main offences relating to the taking and using water without appropriate authority; and

(b) the procedure for the issuing or granting of the following instruments under which a person may take or use water—

(i) a bulk entitlement;

(ii) a water share;

(iii) a take and use licence;

(iv) a water use licence;

(v) a water use registration; and

(c) how those instruments may be—

(i) amended; or

(ii) transferred, suspended or cancelled.

(3) The Chapter also provides for the making of—

(a) water resource management orders by the Minister; and

(b) system allocation determinations by Authorities.

(4) Certain decisions made under this Chapter may be reviewed by VCAT.

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PART 4.2—OFFENCES RELATING TO TAKING AND USING WATER

Division 1—Preliminary


(1) This section is a simplified outline of this Part.

(2) This Part contains a number of offences relating to—

(a) the taking and using of water from specified water sources or infrastructure without appropriate authority under this or any other Act; and

(b) a failure to comply with conditions of a water entitlement.

(3) This Part also includes an offence that prohibits the interception of an amount of water (determined in accordance with the regulations) by a forest plantation of a specified kind unless the forest plantation manager for the plantation holds a take and use licence that authorises that interception.

(4) This Part also includes evidentiary provisions relating to the taking of water without authority.

Division 2—Taking of water offences

65 General offence to take water without authority

(1) A person commits an offence if—

(a) the person takes—

(i) water from a water source (including the River Murray); or

(ii) water from the infrastructure of an Authority; or


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(iii) water from the infrastructure of another person that is supplied by an Authority for the use by another person; and

(b) the person is not authorised to do so under a water entitlement or by or under this or any other Act.

(2) A person who commits an offence against subsection (1) is liable to a level 7 fine (240 penalty units maximum).


66 Offence to take water from certain stormwater infrastructure

(1) A person must not take water from stormwater infrastructure of a Council located within a specified stormwater area unless—

(a) the person is authorised to take the water under a take and use licence; or

(b) the person is the Council and takes the water during a period of 2 years commencing on the day the area in which stormwater infrastructure is located is specified as a specified stormwater area; or

(c) the person takes water in accordance with a written agreement entered into with that Council before the applicable day during the transition period.


(2) An agreement referred to in subsection (1)(c) which provides for a period of operation that exceeds the period specified under subsection (1)(b), is by force of this subsection, cancelled on the day the transition period in relation to that agreement ends.


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(3) A person must not take water from stormwater infrastructure of a Council located outside a specified stormwater area unless the Council has agreed to the taking of that water.


(4) An offence against subsection (1) or (3) is a strict liability offence.


applicable day means the earlier of—

(a) the day of publication of the proposal notice for the water resource management order proposing to specify the area in which the stormwater infrastructure is located as a specified stormwater area;

(b) the day on which the area in which the stormwater infrastructure is located is specified as a specified stormwater area;

transition period, in relation to an agreement referred to in subsection (1)(c), means—

(a) the period of the agreement; or

(b) a period of 20 years commencing on the applicable day—

whichever ends earlier.


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67 Offence for water to be taken for certain forest plantations without take and use licence


(a) the person is a forest plantation manager of a forest plantation; and

(b) the forest plantation has been planted on land within a declared forest plantation area that was pasture and cropping land at the time that land became land within the declared forest plantation area; and

(c) the area over which the forest plantation has been planted is greater than the allowable plantation area; and

(d) the forest plantation intercepts an annual average amount of water that would otherwise flow, directly or indirectly, into a water source and—

(i) there is no offset area approval that relates to that forest plantation; or

(ii) there is an offset area approval that relates to that forest plantation and the average annual amount of water that is intercepted is greater than the average annual offset amount for that forest plantation; and

(e) the person does not hold a take and use licence that authorises that interception.




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allowable plantation area, for a forest plantation, means—

(a) if the forest plantation manager of the forest plantation is—

(i) the owner of a forest carbon right under the Climate Change Act 2010 that is a forest right under that Act that relates to that forest plantation, 20 hectares of rateable land; or

(ii) the occupier of the land on which the forest plantation is planted, the greater of 20 hectares of land or 10% of the total area of land occupied by that manager that is within the declared forest plantation area; or

(b) an area of rateable land fixed by a water resource management order (which must be greater than an area specified under paragraph (a));

average annual amount of water means an amount of water (determined in accordance with the regulations) that is referrable to the area of land on which the forest plantation is planted that exceeds the allowable plantation area;

forest plantation manager, of a forest plantation, means—

(a) an occupier of rateable land on which the forest plantation is planted; or


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(b) an owner of a forest carbon right under the Climate Change Act 2010 that is a forest right under that Act that relates to that forest plantation;

pasture and cropping land means rateable land used for cropping or pasture.

Notes

1 The terms declared forest plantation area and forest plantation are defined in the Dictionary.

2 The term average annual offset amount is defined in section 164.

68 Offence to collect or store water by means of a private dam without authority

(1) An owner or occupier of land must not collect or store water by means of a private dam on that land unless the owner or occupier is authorised to do so under a take and use licence or by or under this or any other Act.


(2) Subsection (1) does not apply to a private dam—

(a) constructed before the commencement of this section; and

(b) for which a licence was not required under the Water Act 1989 (as in force from time to time before the commencement of this section) to take and use water from the dam.



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69 Holder of take and use licence or registration licence must comply with the conditions of their licence

(1) A holder of a take and use licence must comply with the conditions of the take and use licence.


(2) A holder of a registration licence must comply with the conditions of the registration licence.



70 Offence to take water from a place that is not approved

(1) A person must not take water at a place—

(a) under a water allocation under a bulk entitlement that has been assigned under Division 4 of Part 4.3 to that person; or

(b) from a declared water system under a water allocation under a water share; or

(c) from a declared water system under a right in another State or a Territory that is equivalent to that of ownership of a water share—

unless the Minister has approved the place at which the water may be taken under Division 1 of Part 4.10.




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71 Person who takes water at a place must comply with conditions of approval to take water at that place

(1) A person who takes water at a place approved under Division 1 of Part 4.10 must comply with the conditions of the approval.



Division 3—Use of water offences

72 Offence to use water for irrigation purposes on land without water use licence or water use registration


(a) the person—

(i) uses water from a declared water system for irrigation (other than a prescribed kind of irrigation) on land; or

(ii) causes or permits water from a declared water system to be used for irrigation (other than a prescribed kind of irrigation) on land; and

(b) there is no water use licence in effect that authorises that use of water for that purpose on that land.



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(a) the person—

(i) uses water from a declared water system for a prescribed kind of irrigation on land; or

(ii) causes or permits water from a declared water system to be used for a prescribed kind of irrigation on land; and

(b) there is no water use registration in effect that authorises that use of water for that purpose on that land.



73 Offence to use water for purpose other than purpose authorised by water use registration


(a) the person—

(i) uses water from a declared water system on land for a purpose other than irrigation; or

(ii) causes or permits water from a declared water system to be used on land for a purpose other than irrigation; and

(b) there is no water use registration in effect that authorises that use of water for that purpose on that land.



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74 Exceptions to offences under section 72 and 73

Section 72 or 73 do not apply to—

(a) the Water Holder; or

(b) a water corporation; or

(c) a person who is using water on land under any other authorisation to do so given by or under this or any other Act.

75 Offence to use water taken from a non-declared water system without authority

(1) A person who takes water from a non-declared water system must not use the water, or cause or permit the water to be used, unless that use is authorised under a water entitlement or by or under this or any other Act.



76 Holder of water use licence must comply with conditions of the licence

(1) A holder of a water use licence must comply with the conditions of the licence.




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77 Person granted water use registration must comply with condition of the registration

(1) A person granted a water use registration must comply with the conditions of the registration.



Division 4—Evidentiary provisions for the purposes of this Part

78 Evidentiary presumptions—general offence to take water without authority

(1) In any proceeding for an offence against section 65(1), evidence that water has been diverted onto or used on land (in the absence of evidence to the contrary) is proof that any one of the following persons took that water—

(a) an owner of that land;

(b) a sole occupier of that land;

(c) a person who is authorised to take or use water on that land under a water entitlement or by or under this or any other Act.

(2) In any proceeding for an offence against section 65(1), evidence that a person has been found guilty of an offence against section 777 by reason of the person interfering with a meter of an Authority that measures the amount of water that is taken, supplied or delivered to a parcel of land (in the absence of evidence to the contrary) is proof that—

(a) the person took water on that parcel of land; and


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(b) the person was not authorised to do so under a water entitlement or by or under this or any other Act.

79 Evidentiary presumption—taking water from stormwater infrastructure of a Council

In any proceeding for an offence against section 66(1) or (3), evidence that water from stormwater infrastructure of a Council has been diverted onto or used on land (in the absence of evidence to the contrary) is proof that any one of the following persons took that water—

(a) an owner of that land;

(b) a sole occupier of that land;

(c) a person who is authorised to take or use water on that land under a water entitlement or by or under this or any other Act.

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PART 4.3—BULK ENTITLEMENTS




(2) This Part provides for the issue of bulk entitlements. It provides for—

(a) how a bulk entitlement may be applied for and obtained; and

(b) the kinds of conditions to which a bulk entitlement may be subject; and

(c) the amendment and transfer of a bulk entitlement; and

(d) the conversion of a bulk entitlement or a part of a bulk entitlement into other kinds of water entitlements; and

(e) the assignment of a water allocation under a bulk entitlement.

Division 2—Issue of bulk entitlements

81 Application

The following persons may apply to the Minister for the issue of a bulk entitlement—

(a) a water corporation to which Division 1, 2 or 3 of Part 7.5 applies;

(b) an electricity generation company;

(c) the environment Minister;

(d) the Water Holder.Note

See section 826 as to the form and content of the application.


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82 Notification of receipt of application and copy to be given to certain entities

(1) On receiving an application under section 80, the Minister must give a copy of the application to—

(a) if the environment Minister is not the applicant, that Minister; and

(b) any public statutory body which the Minister considers may be directly affected by the application.

(2) In addition, the applicable notification requirements apply in relation to the application.

83 Determination of application

(1) On receiving an application under section 80, the Minister may—

(a) approve the application and issue a bulk entitlement subject to any conditions specified in the entitlement; or

(b) refuse the application.

(2) In making a decision under subsection (1), the Minister must have regard to—

(a) the core considerations; and

(b) any advice and comments received from a person or body referred to in section 82; and

(c) any applicable water resource management order; and

(d) any other matter that the Minister considers relevant.


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84 Minister must refuse application if it would be inconsistent with water resource management order

The Minister must refuse an application under section 83 if the Minister considers that to approve the application would be inconsistent with any applicable water resource management order.

85 Conditions of bulk entitlements

(1) A bulk entitlement is subject to any conditions that the Minister determines in issuing the entitlement, and specifies in the entitlement, that specify any or all of the following—

(a) a means of quantifying the amount of water, whether—

(i) by amount; or

(ii) by reference to—

(A) the level of flow at a specified point; or

(B) a share of flow or storage; or

(C) the amount credited for water returned or injected or discharged into the water system; or

(iii) by any other means or combination of means;

(b) if the amount of water is quantified by reference to a share of flow, then by reference, for example, to the share of flow past a specified point;

(c) whether and, if so, in what manner and to what extent the entitlement is transferable;

(d) whether and, if so, in what manner and to what extent a water allocation under the entitlement may be assigned;


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(e) the financial obligations of the bulk entitlement holder (which may include the making of payments to an Authority);

(f) water accounting procedures (which may include the granting of credits to the bulk entitlement holder in respect of water returned to the water system);

(g) requirements relating to the installation and maintenance, at the holder's expense, of metering equipment;

(h) requirements relating to the carrying out, at the holder's expense, of a metering program;

(i) any other matter that the Minister thinks fit to specify, which may include conditions relating to any of the following—

(i) if appropriate, the protection of the waterway or aquifer;

(ii) the returning of water to, or discharging of additional amounts of water into, the water system and the crediting of those amounts;

(iii) the preservation of environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality, and the other values that depend on the health of water ecosystems;

(iv) the maintenance of environmental water and other water that contributes to the preservation of the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality.


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(2) If a condition of a bulk entitlement quantifies the amount of water by reference to a share of storage as provided under subsection (1)(a)(ii)(B), that reference may be by reference, for example, to any of the following—

(a) the volumetric share of storage capacity available to the bulk entitlement holder;

(b) the share of inflow to the storage available to the bulk entitlement holder;

(c) the volumetric share of releases from the storage available to the bulk entitlement holder;

(d) the seepage and evaporative loss adjustments to be debited to the bulk entitlement holder;

(e) the share of inflow to be credited to the bulk entitlement holder when the holder's share of storage capacity does not allow the holder to receive the holder's full share of inflow.

(3) A condition referred to in subsection (1) must not be inconsistent with any applicable water resource management order.

Division 3—Amendment of bulk entitlements

Subdivision 1—Substantive amendments to bulk entitlements

86 Amendment of bulk entitlement

(1) The Minister may amend a bulk entitlement.

(2) An entitlement may only be amended under subsection (1) on the application of—

(a) the bulk entitlement holder; or


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(b) another bulk entitlement holder with the support of another Minister.

Note


(3) Sections 82 and 83 apply to an application under this section as if—

(a) a reference in those sections to an application were a reference to an application under this section; and

(b) a reference in section 83 to a bulk entitlement were a reference to the amendment of the bulk entitlement.

Subdivision 2—Minor amendments to bulk entitlements

87 Amendment of bulk entitlement to correct mistakes, make minor changes etc.

(1) The Minister, by written notice given to a bulk entitlement holder, may—

(a) amend the bulk entitlement—

(i) to correct a mistake in any term or condition of the entitlement; or

(ii) to make a minor amendment arising from practical operations (including any dealing in a right under this Act or another water entitlement); or

(b) make any other amendment to the bulk entitlement.

(2) The Minister must not amend a bulk entitlement under this section unless—

(a) the bulk entitlement holder has applied to the Minister for the amendment; or


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(b) the Minister has consulted with the entitlement holder about the amendment before making the amendment.

(3) The Minister may make an amendment of the kind specified in subsection (1)(a) only if the Minister considers it necessary to do so.

(4) The Minister may make an amendment of the kind specified in subsection (1)(b) only if—

(a) the Minister considers it necessary to do so; and

(b) the Minister considers that the amendment is likely not to have an adverse impact in terms of the core considerations specified in section 5(a) and (b).

Division 4—Assignment of water allocations

88 Assignment of water allocation

(1) A bulk entitlement holder may assign the whole or a part of a water allocation available at the time of the assignment under a bulk entitlement held by the holder to any person.

(2) An assignment of a water allocation under subsection (1) is of no effect without the approval of the Minister under section 90.

89 Further assignment of water allocation

(1) A person to whom the whole or a part of a water allocation has been assigned under section 88, or under this section (an assignor) may assign the whole or a part of the assigned allocation to any person.

(2) An assignment of a water allocation under subsection (1) is of no effect without the approval of the Minister under section 90.


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90 Ministerial approval for assignment of water allocation

(1) The following persons may apply to the Minister for the Minister's approval to assign a water allocation—

(a) a bulk entitlement holder who wishes to assign a water allocation in accordance with section 88;

(b) a person who wishes to assign a water allocation in accordance with section 89.

Note


(2) On receiving an application referred to in subsection (1), the Minister may—

(a) approve the assignment of a water allocation; or

(b) refuse to approve the assignment.

(3) The Minister must not approve an assignment of a water allocation if—

(a) the Minister considers that to approve the application would be inconsistent with any applicable water resource management order; or

(b) the assignment is prohibited by a condition of the bulk entitlement; or

(c) the place where water is to be taken under the assignment has not been approved under Division 1 of Part 4.10.


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Division 5—Transfer of bulk entitlements

91 Transfer of bulk entitlement

(1) A bulk entitlement holder may transfer the whole or a part of a bulk entitlement held by the holder to any person.

(2) A transfer of a bulk entitlement holder under subsection (1) is of no effect without the approval of the Minister under section 92.Note

See also section 93.

92 Ministerial approval for transfer

(1) A bulk entitlement holder may apply to the Minister for the Minister's approval to transfer the whole or a part of a bulk entitlement under section 91.Note


(2) Subject to this section, on receiving an application referred to in subsection (1), the Minister may—

(a) approve a transfer under section 91; or

(b) refuse to approve a transfer under section 91.

(3) In deciding whether to approve or refuse the application, the Minister must have regard to—



(c) any other matter that the Minister considers relevant.


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(4) The Minister must not approve a transfer under section 91 if—

(a) the Minister considers that to approve the transfer would be inconsistent with any applicable water resource management order; or

(b) the transfer is prohibited by a condition of the bulk entitlement; or

(c) the Minister considers that the bulk entitlement or part of the bulk entitlement to be transferred is not surplus to the needs of the bulk entitlement holder.

(5) In addition, the Minister must not approve a transfer under section 91 by the Water Holder unless the Minister has first obtained the approval of the environment Minister.

93 Effect of transfer of bulk entitlement

(1) For the purposes of the transfer of a bulk entitlement or a part of a bulk entitlement under section 91, the Minister—

(a) must determine the right or entitlement under this Act that the transferred entitlement is to become; and

(b) may determine any conditions that are to apply to the specified right or entitlement.

Note

The kind of right that the Minister may determine includes a right under a water share or take and use licence.

(2) The Minister must not determine a right or entitlement under subsection (1) that the person to whom it is being transferred is not otherwise capable of holding.


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(3) On the making of a determination under subsection (1), the entitlement or part that has been transferred becomes the right or entitlement determined by the Minister and is taken to have been issued in accordance with this Act to the person to whom the entitlement has been transferred.

(4) On the making of a determination under subsection (1), in the case of the transfer of a part of a bulk entitlement, the transfer has, in respect of the bulk entitlement from which it is to be transferred, the effect that the bulk entitlement is taken to be amended in accordance with this Act to remove that part of the entitlement that is transferred.

(5) In making a determination as to a right or entitlement under this section, the Minister is not required to comply with any other provision of this Act.

94 Sale of bulk entitlement to give effect to a transfer of a bulk entitlement

(1) A bulk entitlement holder may do any of the following for the purpose of transferring the whole or part of a bulk entitlement—

(a) sell the whole or part at auction;

(b) sell the whole or part by inviting tenders;

(c) sell the whole or part in any other manner it thinks fit.

(2) A bulk entitlement holder that decides to sell the whole or part of a bulk entitlement for the purpose of transferring the whole or part of a bulk entitlement must cause a notice to be published in a newspaper circulating generally in the area concerned—


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(a) declaring that the bulk entitlement, or a part of the bulk entitlement, is available for purchase; and

(b) giving details of the method by which the bulk entitlement or part is to be sold.

Division 6—Conversion of water shares or licences to bulk entitlements

95 Application

(1) The following persons who own a water share or hold a take and use licence may apply to the Minister to have the share or licence converted to a bulk entitlement—

(a) a bulk entitlement holder;

(b) a person who may apply for a bulk entitlement.Note

See section 81.

(2) A person referred to in subsection (1) must make an application under that subsection if requested to do so by the Minister.Note


96 Minister may convert water share or take and use licence to bulk entitlement

(1) On receiving an application under section 95, the Minister may convert a water share or take and use licence held by the applicant to a bulk entitlement held by that applicant.

(2) In deciding whether to convert a water share or take and use licence to a bulk entitlement, the Minister must have regard to—



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97 Effect of conversion

(1) This section applies if the Minister decides to convert a water share or take and use licence to a bulk entitlement under section 96.

(2) The Minister must—

(a) in the case of a water share, cancel the water share and—

(i) amend a bulk entitlement held by the applicant to add to the amount of water that may be taken under the entitlement an amount that equals the amount of water that could have been taken under the water share; or

(ii) issue a new bulk entitlement to the applicant for the amount of water that could have been taken under the water share; and

(b) in the case of a take and use licence, cancel the licence and—

(i) amend a bulk entitlement held by the applicant to add to the amount of water that may be taken under the entitlement an amount that equals the amount of water that could have been taken and used in accordance with the licence; or

(ii) issue a new bulk entitlement to the applicant for the amount of water that could have been taken and used in accordance with the licence.


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(3) The Minister may impose any conditions on the bulk entitlement issued or amended under subsection (2) that the Minister thinks fit.

(4) In issuing or amending a bulk entitlement under this section, the Minister is not required to comply with any other provisions of this Act.

Division 7—Offences

98 Compliance with terms of bulk entitlement by electricity generators

(1) A bulk entitlement holder that is an electricity generation company must comply with the terms and conditions of the bulk entitlement that the company holds.



Note


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PART 4.4—WATER SHARES




(2) This Part provides for the issue of water shares. It provides for—

(a) how a water share may be applied for and obtained; and

(b) the transfer of ownership of a water share; and

(c) the consolidation or division of water shares; and

(d) the surrender and cancellation of a water share; and

(e) the assignment of a water allocation under a water share; and

(f) the transfer of a future water allocation under a water share for a fixed period under a limited term transfer or on an ongoing basis under a standing direction.

(3) This Part also provides for a mechanism under which holders of interstate water rights that are equivalent to a water share may be issued a water share on cancellation of those rights.


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Division 2—Issue of water shares

100 Application

A person may apply to the Minister for the issue of a water share in respect of a declared water system.

Notes

1 See section 826 as to the form and content of the application.

2 An interstate water rights holder may apply for the conversion of such rights under Division 6.



(a) approve the application and issue a water share in respect of a declared water system; or




(b) any applicable water resource management order.




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103 Matters the Minister must determine in issuing a water share

On issuing a water share under section 101, the Minister must determine—

(a) the water system for which the share is issued, and, if that water system is divided into zones, the zone for which the water share is issued; and

(b) the share of water available from the water system under the water share, which must be expressed as a maximum amount of water over a period defined by the Minister; and

(c) the class of reliability of the share; and

(d) any other prescribed matter.

104 Matters Minister must specify in issuing a water share

On issuing a water share under section 101, the Minister must specify—

(a) the Authority (if any) that is responsible for providing services in relation to the water share; and

(b) for a water share issued under this Part to more than one person, whether the share is to be held by those persons—

(i) as joint tenants; or

(ii) as tenants in common.

Division 3—Dealings with water shares

105 Transfer of ownership of water share

(1) An owner of a water share may transfer ownership of that share to any person.


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(2) In the case of transfer of ownership of a water share owned by more than one person—

(a) a person who is the owner of a water share as a tenant in common may transfer that person's interest in the water share without the consent of the other tenants in common; and

(b) in any other case, one of the owners of the water share must not transfer their ownership of the water share without the consent of each of the other owners of the water share.

(3) A transfer of ownership of a water share under this section does not have the effect of assigning any water allocated under the water allocation for that share before the recording of the transfer in the water register.

106 Limited term transfers of rights to future water allocations under water shares

(1) The owner of a water share may transfer the whole of the right to future water allocations under that share for a fixed period to any person (a limited term transfer).

(2) A limited term transfer must specify the period for which the right is being transferred. The period specified must not be more than 20 years.

(3) A limited term transfer takes effect—

(a) from the date on which the transfer is recorded in the water register; or

(b) if a later date is specified in the transfer, that date.

(4) The holder of a limited term transfer may surrender the limited term transfer.


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107 Standing directions as to future water allocations under water shares

(1) The owner of a water share may issue a direction to a recording body (a standing direction) under which the whole of the right to future water allocations under that share is transferred to the person named in the direction.

(2) A standing direction remains in effect until—

(a) its revocation is approved in accordance with section 110; or

(b) the water share to which it relates—

(i) is transferred under section 105; or

(ii) is cancelled under section 112; or

(iii) is consolidated with another water share under section 113; or

(iv) is surrendered under section 115; or

(v) is cancelled under section 122 or 123.

108 Assignment of actual water allocation

(1) A water allocation holder may assign the whole or a part of the water allocation available to that holder under a water share to any person.

(2) However, if there are 2 or more persons who own a water share, the water allocation or part of the water allocation can only be assigned by all of them.


water allocation holder means—

(a) in the case of a water share in respect of which there is no limited term transfer or standing direction, the owner of the water share;


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(b) in the case of a water share in respect of which there is a limited term transfer, the holder of the limited term transfer;

(c) in the case of a water share in respect of which there is a standing direction, the person named in the standing direction;

(d) in the case where, as a result of the operation of section 105(3), a person has a water allocation available to them, that person;

(e) in the case where the whole or a part of a water allocation under a water share has been assigned to a person, that person.

109 Ministerial approval of dealings with water shares

(1) The Minister, on application by a person, may approve—

(a) the transfer of ownership of a water share under section 105(1) or (2); or

(b) the transfer of ownership of a water share on the sale of the share by a mortgagee of the share under a mortgage recorded in the water register; or

(c) a limited term transfer; or

(d) a standing direction; or

(e) the assignment of a water allocation under a water share under section 108.

Note



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(2) The Minister must not give an approval under subsection (1) if—

(a) the Minister considers that giving the approval would be inconsistent with any applicable water resource management order; or

(b) the place where water is to be taken under the transfer, direction or assignment has not been approved under Division 1 of Part 4.10.

(3) An approval under subsection (1)(a), (b) or (c) remains in effect for 3 months.

110 Revocation of standing directions

The Minister, on application by the owner of a water share, may approve the revocation of a standing direction.

Note


111 Dealings in water shares are of no effect without Ministerial approval and recording in water register

(1) A specified dealing is of no effect unless it has been—

(a) approved by the Minister under section 109; and

(b) recorded in the water register.


specified dealing means—

(a) a transfer of the ownership of a water share—

(i) under section 105(1) or (2); or

(ii) on the sale of the share by a mortgagee of the share under a recorded mortgage; or


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(b) a limited term transfer; or

(c) a standing direction; or

(d) an assignment of a water allocation under a water share under section 108.

112 Division of water shares

(1) The Minister, on the application of the owner of a water share, may divide the water share by—

(a) cancelling the water share; and

(b) issuing new shares in respect of the amount of the water share.

Note


(2) In granting an application under subsection (1), the Minister must have regard to any applicable water resource management order.

(3) On the division of a water share under subsection (1), any mortgage that applied to the water share immediately before that division is, on and after that division, taken to apply to each new share that is issued.

(4) This section does not apply to a water share in respect of which there is a limited term transfer.

113 Consolidation of water shares

(1) The Minister, on the application of the owner of 2 or more water shares, may consolidate those water shares by cancelling the water shares and issuing one water share in respect of the maximum amounts of both shares.Note



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(2) In consolidating water shares under subsection (1), the Minister must have regard to any applicable water resource management order.

(3) The Minister must not consolidate water shares under subsection (1) unless—

(a) the persons who own each of the shares are the same; and

(b) each of the shares is owned in the same proportions and the same manner; and

(c) each of the shares specifies the same water system and the same class of reliability.

(4) This section does not apply to—

(a) a water share over which there is a recorded mortgage; or

(b) a water share in respect of which there is a limited term transfer.

114 Mortgage restrictions in relation to water shares, limited term transfers and standing directions

(1) The owner of a water share must not mortgage a portion of the water share.

(2) The holder of a limited term transfer must not mortgage the limited term transfer.

(3) A person named in a standing direction must not mortgage any right to future water allocations under the standing direction.


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Division 4—Surrender of water shares

115 Surrender of water share

(1) The owner of a water share may apply to the Minister to surrender the water share to the Crown.Note


(2) On receiving an application under subsection (1), the Minister may authorise the applicant to surrender the water share to the Crown.

(3) However, the Minister must not authorise a surrender of a water share under subsection (2) if—

(a) there is a limited term transfer in respect of the share; or

(b) there is a recorded mortgage in respect of the share.

(4) The Minister or an Authority may refund to a person who has surrendered a water share under this section, the whole or that part of a fee or charge paid under Part 9.2 or 9.3 relating to that water share for any period of time occurring after the surrender of the water share.

Division 5—Water allocations

116 Water allocations

(1) This section applies if a system allocation determination has been made for a water season in respect of a declared water system.


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(2) The Minister must, during the water season, determine, for each water share for which that system is the associated system, the maximum amounts of water that are to be allocated to that share from the water determined to be available for allocation to water shares under the system allocation determination.

Division 6—Interstate agreements, conversions, recognition and approvals

Subdivision 1—Interstate agreements

117 Interstate agreement as to dealings in water rights

The Minister may enter into an agreement with a Minister of any other State or a Territory—

(a) for the conversion of water shares or equivalent rights in one State or Territory into water shares or equivalent rights in another State or Territory; and

(b) for the recognition of rights in one State or Territory in another State or Territory; and

(c) for the assignment of water allocations from one State or Territory to another State or Territory.

Note

See also section 242 which provides for the approval of the place where water under a right in another State or a Territory that is equivalent to that of ownership of a water share may be taken.


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Subdivision 2—Conversion of interstate rights

118 Application

A person who is the holder of a right in another State or a Territory that is equivalent to that of ownership of a water share (an interstate water rights holder) may apply to the Minister for the issue of a water share in respect of a declared water system on the cancellation of that right.

Note




(a) approve the application and issue a water share in respect of a declared water system; or


(2) In deciding whether to approve or refuse an application, the Minister must have regard to the provisions of an applicable interstate agreement.



121 Additional requirements for determining applications

Sections 103 and 104 apply to the issue of a water share under this Subdivision as if a reference to the issue of a water share under Division 2 were a reference to the issue of a water share under this Subdivision.


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Subdivision 3—Cancellation of water share if interstate rights obtained

122 Cancellation if interstate rights are obtained

(1) The owner of a water share may, in accordance with an applicable interstate agreement, apply to the Minister for the water share to be cancelled, on the issuing of the equivalent right in another State or a Territory.Note


(2) On receiving an application under subsection (1), the Minister may—

(a) approve the application and cancel the water share; or


(3) In deciding whether to approve or refuse an application, the Minister must have regard to the provisions of an applicable interstate agreement.

(4) The Minister must refuse an application made under subsection (1) if—


(b) there is a limited term transfer in respect of the share; or

(c) there is a recorded mortgage in respect of the share.


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Subdivision 4—Conversion of intrastate rights

123 Cancellation if rights outside declared water system are obtained

(1) A person who is the owner of a water share may apply to the Minister for the water share to be cancelled on the issuing of a right in a water system that is not a declared water system.Note


(2) On receiving an application under subsection (1), the Minister may—

(a) approve the application and cancel the water share; or


(3) The Minister must refuse an application under subsection (1) if—


(b) there is a limited term transfer in respect of the share; or

(c) there is a recorded mortgage in respect of the share.

Division 7—Miscellaneous

124 Effect of death of owner in respect of ownership of a water share

(1) On the death of a person who is the sole owner of a water share, the share forms part of the estate of that person.


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(2) On the death of a person who owns a water share as a joint tenant with other persons, the remaining owners of the water share become the joint owners of the share.

(3) On the death of a person who owns a water share as a tenant in common with other persons, that person's portion of the water share becomes part of the estate of that person.

125 Effect of death of holder of a limited term transfer

(1) On the death of a person who is the sole holder of a limited term transfer, the transfer forms part of the estate of that person.

(2) On the death of a person who holds a limited term transfer as a joint tenant with other persons, the remaining holders of the limited term transfer become the joint holders of the transfer.

(3) On the death of a person who holds a limited term transfer as a tenant in common with other persons, that person's portion of the limited term transfer becomes part of the estate of that person.

126 Effect of death of holder of a mortgage over a water share

(1) On the death of a person who holds a mortgage over a water share, the mortgage forms part of the estate of that person.

(2) On the death of a person who holds a mortgage over a water share as a joint tenant with other persons, the remaining holders of the mortgage become the joint holders of the mortgage.

(3) On the death of a person who holds a mortgage over a water share as a tenant in common with other persons, that person's portion of the mortgage becomes part of the estate of that person.


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127 Effect of death of person who holds a water allocation


(a) there is water available for a person to take under—

(i) a water allocation for a water share that has been transferred under section 105; or

(ii) a standing direction; or

(iii) an assignment of a water allocation under a water share to that person under section 108; and

(b) the person dies.

(2) A further assignment of the water allocation under section 108 may be made by—

(a) if the deceased person was the only person who could have taken water under the water allocation, a person authorised to act on behalf of the estate of the deceased person; or

(b) if the deceased person was not the only person who could have taken water under the water allocation, a person authorised to act on behalf of the estate of the deceased person together with the other persons.

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PART 4.5—TAKE AND USE LICENCES




(2) This Part provides for the following in relation to take and use licences—

(a) how a take and use licence may be applied for and obtained;

(b) the kinds of conditions to which a take and use licence may be subject;

(c) the renewal or amendment of a take and use licence, including the amendment of take and use licences to enable the temporary transfer of amounts of water that may be taken under those licences;

(d) the transfer of a take and use licence;

(e) the conversion of a take and use licence into another kind of water entitlement.

(3) This Part also provides for a pre-assessment process of intended applications for take and use licences or transfers of take and use licences under which the Minister gives advice on the intended application. That pre-assessment advice applies when the actual application is made.

(4) This Part also provides for a process under which the Minister may approve amounts of water as water which may be offset against water that is intercepted by forest plantations of a specified kind in order to reduce the water interception threshold for the forest plantations which, if exceeded, would require a take and use licence for that interception.


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Division 2—Issue of take and use licences

129 Application

(1) A person may apply to the Minister for a take and use licence.Note


(2) An application may not be made under subsection (1) to take and use water in a declared water system unless—

(a) the water to be taken and used is to be subject to a condition that a proportion of the water so taken and used is to be returned to the water system; or

(b) the water is to be taken and used—

(i) for a prescribed purpose; or

(ii) in the prescribed circumstances.

130 Public notification of application

The applicable notification requirements apply in relation to the application.

Note

The Minister may also refer the application to certain bodies—see section 172.


(1) On receiving an application under section 129, the Minister may, subject to this Part—

(a) approve the application and issue a take and use licence subject to any conditions specified in the licence; or



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(b) the impact any proposed use of water for irrigation purposes may have on other persons or the environment (in particular waterlogging, salinity and nutrient impacts); and

(c) any advice and comments received from a body referred to in section 172; and

(d) any applicable water resource management order; and

(e) any other matter that the Minister considers relevant.

(3) However, the Minister must approve the application under section 129 and issue the take and use licence if—

(a) the Minister has given pre-assessment advice to the applicant in relation to the application that the Minister will approve the application; and

(b) the Minister is satisfied that the information on which the Minister gave pre-assessment advice is substantially the same as that contained in the application; and

(c) the application is consistent with any conditions specified in the pre-assessment advice.

132 Minister must refuse application in certain cases

The Minister must refuse an application under section 131 if the Minister considers—

(a) the approval of the application would be inconsistent with any applicable water resource management order; or


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(b) if the application relates to a State observation bore, the exercise of rights under a take and use licence issued on the application will or may interfere with the function of the bore as a State observation bore.

133 Conditions of take and use licence

(1) A take and use licence is subject to—

(a) any conditions that the Minister determines in issuing the licence, and specifies in the licence, relating to the matters specified in subsection (2); and

(b) any other conditions that the Minister thinks fit and specifies in the licence.

(2) The following are the matters referred to in subsection (1)(a)—

(a) the purposes for which the water taken under the licence may be used, including how it may be used on land;

(b) the protection of a waterway or an aquifer;

(c) the preservation of the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality and the other values that depend on the health of water ecosystems;

(d) the maintenance of environmental water or any other water that contributes to the preservation of the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality;

(e) the proper management of the waterway and its surrounds or of the aquifer;


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(f) the management of water sources in times of water shortages, including requirements to comply with rosters and restrictions imposed by water corporations, including the maximum proportion of water (expressed as a percentage of the total amount of water) which may be taken in particular periods or circumstances;

(g) the manner in which the licence holder is to compensate any person whose existing authorised use of water may be adversely and materially affected by the allocation or use of water under the licence;

(h) the protection or control of in-stream uses;

(i) the returning of water to, or discharging of additional amounts of water into, a water system and the crediting of those amounts;

(j) the installation and use of measuring devices or pumps;

(k) the rate at which water being taken may be pumped;

(l) the injection or infiltration of water into, and extraction of water from, an aquifer;

(m) prohibiting the transfer of the licence;

(n) prohibiting an amendment of the licence that increases or decreases the amount that may be taken under the licence.

(3) Compensation under subsection (2)(g) may be financial or may be constituted by the making available of, or granting of access to, water.


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(4) A condition referred to in subsection (1) must not be inconsistent with any applicable water resource management order.

134 Effect of take and use licences relating to temporary transfers of right to take water


(a) the applicant for a take and use licence, before making an application under section 129, has entered into an agreement with a licence holder (the temporary transferor) under which the holder, will, for a temporary period, transfer their right to an amount of water that they may take under the licence to the applicant (the agreed amount); and

(b) the applicant's application is approved and a take and use licence is issued under this Division under which they may take an amount of water that is equivalent to the agreed amount.

(2) The take and use licence that is issued does not take effect until the take and use licence held by the temporary transferor is amended to reduce the amount of water that may be taken under that licence by an amount that is equivalent to the agreed amount.

135 Period a take and use licence is in effect

(1) Unless sooner cancelled, a take and use licence remains in effect for the period (not exceeding 20 years) specified in the licence.

(2) In the case of a take and use licence issued to an electricity generation company, unless sooner cancelled, the take and use licence remains in effect for a period exceeding 20 years (but not exceeding 40 years) specified in the licence.


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(3) The Minister may specify a period referred to in subsection (2) if the Minister is satisfied that the electricity generation company requires a licence under this Division to take—

(a) water for purposes associated with the operation of a hydro-electric power station; or

(b) groundwater for purposes associated with an open-cut coal mine.

(4) A take and use licence may be renewed under Division 3.

Division 3—Renewal of take and use licences

136 Application

A licence holder may apply to the Minister for the renewal of the licence before the expiry of the licence.

Note



On receiving an application under section 136, the Minister may, subject to this Part—

(a) approve the application and renew the take and use licence; or


138 Minister must have regard to certain matters when deciding application

(1) In deciding whether to approve or refuse an application under section 137, the Minister must have regard to—




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(c) any other matters that the Minister considers relevant.

(2) However, the Minister must—

(a) renew the licence unless the Minister considers there are good reasons not to do so; and

(b) refuse to renew the licence if the Minister considers that to do so would be inconsistent with any applicable water resource management order.

139 Conditions of renewed licence

(1) If the Minister approves an application under section 137, the Minister may—

(a) amend or remove any condition of the licence; or

(b) impose a new condition on the licence.

(2) A new condition imposed under subsection (1)(b) may only be a condition that can be imposed on the issue of a take and use licence under Division 2.

(3) The Minister must not amend or remove a condition of a take and use licence or impose a new condition on a take and use licence if the Minister considers that to do so would be inconsistent with any applicable water resource management order.

140 Period of renewal

A take and use licence may be renewed for a period not exceeding 20 years.

141 Licence may be renewed more than once

A take and use licence may be renewed under this Division more than once.


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Division 4—Amendment of take and use licences

Subdivision 1—Amendment on application by licence holder

142 Application by single licence holder

A licence holder may apply to the Minister for—

(a) an amendment of the licence; or

(b) an amendment or removal of a condition of the licence.

Notes


2 The Minister may also refer the application to certain bodies—see section 172.


On receiving an application under section 142, the Minister may—

(a) approve the application and—

(i) amend the take and use licence; or

(ii) amend or remove the condition of the licence; or


144 Procedure applying to determination of application

Division 2 applies to an application under section 142—

(a) as if—

(i) a reference to an application under that Division were a reference to an application under section 142; and

(ii) a reference to the issue of a take and use licence under that Division were a reference to the amendment of a take and use licence or the amendment or


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removal of a condition of the licence, as the case requires; and

(b) with any other necessary modifications.

Subdivision 2—Joint applications for amendments as to amount of water that may be taken

145 Joint application

(1) Two or more licence holders may jointly apply to the Minister for the amendment of their take and use licences so that—

(a) the amount of water that may be taken under one or more of the licences is reduced; and

(b) the amount of water that may be taken under the other licence or licences is increased.

(2) In addition to complying with section 826, if the amendments are to be in effect for a specified period, the application must specify the period.

Notes





(a) approve the application and amend the take and use licences; or



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147 Procedure applying to determination of application

(1) Division 2 applies to an application under section 145—

(a) as if—

(i) a reference to an application under that Division were a reference to an application under section 145; and

(ii) a reference to the issue of a take and use licence under that Division were a reference to the amendment of both of the take and use licences the subject of the application under section 145; and


(2) However, section 138(1)(a) does not apply if the application is for amendments to the take and use licences that are to be in effect for a period of no longer than one water season.

(3) In addition, if the Minister approves the application and amends the take and use licences, the Minister may—

(a) amend or remove a condition of either or both of the licences; or

(b) impose a new condition on either or both of the licences.

Subdivision 3—Amendment on Minister's initiative

148 Amendment on Minister's initiative

(1) The Minister, on the Minister's initiative, may—

(a) amend a take and use licence to the extent necessary to give effect to a matter specified in an applicable water resource management order; or


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(b) correct a mistake in any term or condition of the licence.


(a) give written notice of the amendment to the licence holder at least 3 months before the amendment takes effect; and

(b) specify in the notice the reasons for the amendment.

Subdivision 4—Miscellaneous

149 What happens to amendments made for a temporary period under Subdivision 1 or 2

(1) This section applies if any one or more of the following happens under Subdivision 1 or 2—

(a) a take and use licence is amended and the amendment has effect for a specified period;

(b) a condition of a take and use licence is amended or removed and the licence has effect for a specified period with that amended condition or condition removed;

(c) a new condition is imposed on a take and use licence and the licence has effect for a specified period with that new condition.

(2) At the end of the specified period—

(a) in the case where the take and use licence or a condition of the licence had been amended, the take and use licence or condition is taken to be the same as it was immediately before the licence was amended;

(b) in the case where a condition of a take and use licence had been removed, that condition, as in effect immediately before its removal, is taken to be imposed on the licence;


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(c) in the case where a new condition of a take and use licence was imposed, that condition is taken to be removed.

Division 5—Suspension and cancellation of take and use licences

150 Suspension or cancellation of licence on Minister's initiative

(1) The Minister may suspend or cancel a take and use licence if—

(a) in the opinion of the Minister there has been a failure to comply with any condition to which the licence is subject; or

(b) the licence holder has not paid a fee or charge under Chapter 9 relating to the licence by the due date for the fee or charge.

(2) Before suspending or cancelling a take and use licence under this section, the Minister must—

(a) notify the licence holder as to—

(i) the reason for proposing to suspend or cancel the licence; and

(ii) the rights the licence holder has under this section to make submissions on the proposal; and

(iii) for a proposal to suspend the licence, the terms on which the suspension will be lifted; and

(b) allow the licence holder an opportunity to make written submissions on the proposal to suspend or cancel the licence.

(3) Submissions under subsection (2)(b) must be made within 2 months after the giving of the notice under subsection (2)(a).


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(4) In deciding whether or not to suspend or cancel a take and use licence under this section, the Minister must have regard to submissions made under subsection (2)(b) within the period specified for the making of submissions.

(5) The Minister must give the licence holder written notice of the Minister's decision under this section.

(6) A suspension under this section remains in effect until the Minister gives the licence holder written notice that the suspension is no longer in effect.

151 Cancellation of licence on application of licence holder

(1) A licence holder may apply to the Minister for the cancellation of their take and use licence.

(2) On receiving an application made under subsection (1), the Minister must cancel the take and use licence.

Division 6—Surrender of take and use licences

152 Surrender of licence

(1) A licence holder may surrender their take and use licence to the Minister.

(2) The Minister may refund to the licence holder all or part of any fee or charge paid under Chapter 9 by the holder in relation to a take and use licence surrendered under subsection (1).


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Division 7—Transfer of take and use licences

153 Application

(1) A licence holder may apply for a permanent or temporary transfer of their take and use licence to another person.Notes



(2) An application cannot be made under subsection (1) if the take and use licence is subject to a condition that prohibits its transfer.


On receiving an application under section 153, the Minister may, subject to this Part—

(a) approve the application and transfer of the take and use licence; or


155 Minister must approve application in certain cases

The Minister must approve an application under section 154 if—

(a) the Minister has given a pre-assessment advice to the person who sought that advice in relation to the application that the Minister will approve the application; and

(b) the Minister is satisfied that the information on which the Minister gave pre-assessment advice is substantially the same as that contained in the application; and

(c) the application is consistent with any conditions specified in the pre-assessment advice.


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156 Minister must have regard to certain matters when determining application





(2) The Minister must refuse an application under section 154 if the Minister considers that to approve the application would be inconsistent with any applicable water resource management order.

(3) Subsections (1) and (2) do not apply if the application is for the approval of a permanent transfer of a licence to a successor in title to the owner of the land to which the licence relates.

(4) Subsection (1)(a) does not apply if the application is for the approval of a temporary transfer of a licence for a period of no longer than one water season.

157 Minister's licensing powers following approval of transfer of licence

(1) On approving an application under section 154, the Minister may—



(2) A condition referred to in subsection (1)(a) or (b) may only be a condition that can be imposed on the issue of a take and use licence under Division 2.


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Division 8—Pre-assessment of applications for and transfers of take and use licences

158 Definition

In this Division—

intended application means an application under section 129 or 153.

159 Application

(1) A person who intends to apply for a take and use licence, or the transfer of a take and use licence, may apply to the Minister for advice from the Minister as to whether the Minister would if the person makes the intended application, approve that application (a pre-assessment advice).

(2) An application under subsection (1) must—

(a) specify the intended application in respect of which the applicant seeks the pre-assessment advice; and

(b) include all the information that is required for the intended application; and

(c) be made in a form and manner approved by the Minister; and

(d) be accompanied by the application fee, if any, determined by the Minister.

160 Public notification of application

(1) This section applies if the Minister receives an application under section 159 in respect of an intended application for the issue of a take and use licence.

(2) The applicable notification requirements apply in relation to the application.


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161 Minister must give pre-assessment advice

(1) On receiving an application under section 159, the Minister must advise the applicant as to whether the Minister would, if the person makes the intended application, approve the application.

(2) In giving advice under subsection (1), the Minister must comply with—

(a) any requirements under any applicable water resource management order; and

(b) any prescribed matter.

(3) The advice may set out conditions relating to the intended application.

162 Matters the Minister must have regard to for the purpose of giving pre-assessment advice

(1) In giving pre-assessment advice in respect of a proposed application for the issue of a take and use licence, the Minister must have regard to the matters set out in Division 2 (other than section 131(3)).

(2) In giving pre-assessment advice in respect of a proposed application for the transfer of a take and use licence, the Minister must have regard to the matters set out in Division 7 (other than section 155).

163 Pre-assessment has effect for a specified period

A pre-assessment advice has effect for the period specified in the advice.

Division 9—Forest plantation offsets

Subdivision 1—Preliminary

164 Definitions

In this Division—

allowable plantation area—see section 67(4);


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average annual offset amount—see section 166(3);

pasture and cropping land—see section 67(4);

specified forest plantation means a forest plantation that has been planted on land within a declared forest plantation that was pasture or cropping land at the time that land became land within the declared forest plantation area and the area over which the forest plantation has been planted is greater than the allowable plantation area.

Subdivision 2—Grant of approval

165 Application

A forest plantation manager may apply to the Minister for approval of rateable land as an approved offset area in relation to a specified forest plantation.

Note


166 Minister may approve land as an approved offset area

(1) Subject to any applicable water resource management order, on receiving an application under section 165, the Minister may approve or refuse to approve the rateable land the subject of the application as an approved offset area.

(2) The Minister must not approve rateable land as an approved offset area unless the Minister is satisfied that—

(a) at the time the land became land within a declared forest plantation area, the land was being used for a forest plantation; and

(b) the land is no longer being used for a forest plantation; and


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(c) the forest plantation manager has the written consent of—

(i) if the manager is not the holder of a forest carbon right under the Climate Change Act 2010 that is a forest right under that Act that relates to the specified forest plantation, the holder of that right; or

(ii) if subparagraph (i) does not apply, and the manager is not the occupier of the land, the occupier.

(3) If the Minister approves the rateable land as an approved offset area, the Minister must determine the average annual offset amount for that land in accordance with the regulations.

167 Content of offset area approval

An offset area approval must specify—

(a) the land the subject of the approval; and

(b) the average annual offset amount for that land; and

(c) the specified forest plantation to which it relates.

168 When an offset area approval takes effect

An offset area approval takes effect on the day notice of the approval is given to the forest plantation manager who applied for it.


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Subdivision 3—Revocation of approval

169 Application

(1) The following persons may apply to the Minister for the revocation of an offset area approval—

(a) the forest plantation manager of the specified forest plantation to which the approval relates;

(b) the owner of the land on which the specified forest plantation to which the approval relates is planted, if that person is not the forest plantation manager;

(c) the owner of the land to which the approval relates.

Note


(2) In addition, in the case of an application under subsection (1) by a person referred to in paragraph (b) of that subsection, the application must be accompanied by evidence that the applicant has given written notice to the following persons to the effect that they have made the application—

(a) the forest plantation manager of the specified forest plantation to which the approval relates;

(b) the occupier (if any) of the land on which the specified forest plantation to which the approval relates has been planted.

170 Revocation of approval

(1) On receiving an application under section 169, the Minister may revoke an offset area approval.

(2) In addition, the Minister may, on the Minister's initiative, revoke an offset area approval.


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(3) The Minister may revoke an offset area approval if the Minister is satisfied that—

(a) the land to which the approval applies is being used for a forest plantation; or

(b) the land on which the specified forest plantation is planted at the time of the approval is no longer being used for a forest plantation.

171 Forest plantation managers have right to make representations in relation to certain applications

(1) This section applies if the Minister—

(a) receives an application under section 169 from a person referred to in section 169(1)(b) or (c); or

(b) intends to revoke an offset area approval.

(2) Before deciding whether to revoke an offset area approval under section 170 the Minister must give the forest plantation manager of the specified forest plantation to which the approval relates an opportunity to make written representations on the application.


172 Referral of applications to certain bodies

(1) This section applies if the Minister receives an application for—

(a) a take and use licence; or

(b) an amendment of a take and use licence; or

(c) a transfer of a take and use licence.

(2) The Minister must give a copy of the application to a body in accordance with any rules made by the Minister under section 825.


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(3) Within 30 days after receiving a copy of the application, a body to which an application is referred—

(a) must consider the application; and

(b) may advise the Minister in writing that—

(i) it does not object to the approval of the application; or

(ii) it does not object if the application is approved subject to the conditions specified by the body; or

(iii) it objects to the approval of the application on the ground or grounds specified by it; and

(c) may give to the Minister its comments on the application.

(4) If a body makes no response to the Minister within 30 days after receiving a copy of an application, the Minister may proceed to determine it.

173 Effect of death of person for transfers of take and use licences

(1) This section applies if a licence holder dies.

(2) A person authorised to act on behalf of the estate of the deceased person may apply for the transfer of the take and use licence under Division 7.

(3) Further, if the deceased person was not the only person who held the take and use licence, the person authorised to act on behalf of the estate of the deceased person may apply, together with the other holders, for the transfer of the take and use licence.


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174 Take and use licence conversions on declaration of water systems

Schedule 1 has effect.

175 Registration licences


__________________


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PART 4.6—WATER USE LICENCES




(2) This Part provides for the issue of water use licences. It provides for—

(a) how a water use licence may be applied for and obtained; and

(b) the kinds of conditions to which a water use licence may be subject, including standard water use conditions; and

(c) the amendment of a water use licence; and

(d) the suspension and cancellation of a water use licence.

Division 2—Issue of water use licences

177 Application

An owner of land may apply for a water use licence to authorise the use of water on that land.

Note


178 Referral of application to responsible catchment management authority

(1) On receiving an application under section 177, the Minister must refer the application to the responsible catchment management authority if the Minister is of the opinion that the application does not meet the relevant standard water use conditions, but may meet the relevant water use objectives.


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(2) The Minister must refer an application to the responsible catchment management authority without delay.


responsible catchment management authority means the catchment management authority responsible for managing the catchment in which the land that is to be specified in the licence is situated.


(1) On receiving an application under section 177 the Minister may, subject to this Part—

(a) approve the application and issue a water use licence; or



(a) the impact the proposed use of water may have on other persons or the environment (in particular waterlogging, salinity and nutrient impacts); and

(b) whether or not the proposed use can meet standard water use conditions that would apply to a licence, if issued on the application; and

(c) whether or not the proposed use is consistent with the water use objectives that would apply to a licence, if issued on the application; and

(d) if the application has been referred to the catchment management authority, any comments received from that authority, within 30 days after the application being referred to that authority; and


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(e) any other matters the Minister considers relevant.

180 Minister must refuse application in certain circumstances

The Minister must refuse an application under section 179 if, after having regard to the matters set out in that section, the Minister considers that to approve the application would be inconsistent with the water use objectives that would apply to the licence, if issued.

181 Content of water use licences

A water use licence must—

(a) specify the name and address of the licence holder; and

(b) describe the land in respect of which the licence is issued; and

(c) specify the purposes for which water may be used on the land described in the licence; and

(d) specify the conditions to which the licence is subject (including an annual use limit, if any); and

(e) specify the date on which the licence takes effect.

Division 3—Water use objectives for licences

182 Objectives as to water use

(1) The Minister may determine objectives that are to apply in the administration of this Part.

(2) The objectives determined under subsection (1) may apply to the whole or any part of the State.

(3) The Minister may make a determination under subsection (1)—

(a) on the Minister's initiative; or


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(b) on the recommendation of the catchment management authority for the catchment and land protection region in which the area to which the determination relates is situated.

(4) The Minister may request a catchment management authority to give consideration to matters specified by the Minister when making its recommendation referred to in subsection (3)(b).

(5) The Minister must not make a determination on the Minister's initiative under this section unless the Minister has consulted with—

(a) any catchment management authorities and water corporations that have responsibilities in the part of the State to which the determination will relate; and

(b) any bodies—

(i) that represent persons whose interests are likely to be affected by the making of the determination; and

(ii) that the Minister thinks fit to consult with.

183 Content of water use objectives

(1) Water use objectives may provide for minimising impacts of water use on other persons and the environment in the part of the State to which the objectives apply.

(2) Without limiting subsection (1), water use objectives may include matter about the following—

(a) minimising salinity;

(b) managing groundwater infiltration;

(c) managing disposal of drainage;


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(d) protecting biodiversity;

(e) minimising cumulative effects of water use.

184 Recommendations by catchment management authorities

(1) Before making a recommendation referred to in section 182(3)(b) a catchment management authority must—

(a) give notice of the proposal to recommend objectives to any other Authority or any holders of water use licences whose interests the catchment management authority considers are likely to be affected by the objectives; and

(b) consult with those persons or bodies that the catchment management authority considers represent the interests of persons who are likely to be affected by the recommendation; and

(c) prepare draft objectives and make the draft objectives available for inspection by the public for at least 2 months after their preparation; and

(d) publish a notice in a newspaper circulating generally in the State, and in a local newspaper circulating generally in the part of the State to which the proposal applies, stating where and when the draft objectives may be inspected and inviting public comment by a specified date (a public notice); and

(e) comply with any other consultative processes required by directions given by the Minister.


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(2) In making a recommendation referred to in section 182(3)(b), the catchment management authority must have regard to any comments it receives in response to a public notice by the specified date.

185 Revoking or amending determinations as to water use objectives

(1) The Minister may make a determination amending or revoking a determination made under section 182, either—


(b) on the recommendation of a catchment management authority.

(2) In making a recommendation under subsection (1)(b) as to an amending determination, a catchment management authority may recommend all or any of the water use objectives that are to be included in the amending determination.

(3) Sections 182(5) and 184 apply to the making of a determination or recommendation under this section as if a reference in those sections to a determination or recommendation were a reference to a determination or recommendation under this section.

186 Notification and effect of determinations as to water use objectives

A determination under section 182 or 185—

(a) must specify the day on which it takes effect; and

(b) must be published—

(i) if the water use objectives are to apply to all of the State—in a newspaper circulating generally throughout the State; or


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(ii) if the water use objectives are to apply to a part of the State—in a local newspaper circulating generally in that part.

Division 4—Standard water use conditions for licences

187 Standard water use conditions

(1) The Minister may determine, for the whole or any part of the State, conditions that are to apply to all water use licences, or water use licences of a particular class, that specify land that is in the area to which the determination applies.

(2) Sections 182(2) to (5) and 184 apply to the making of a determination under this section as if a reference in those sections to a determination of objectives under section 182 were a reference to a determination of conditions under this section.

188 General provisions applying to standard water use conditions

(1) Conditions determined under section 187 may differ according to the nature of all or any of the following—

(a) the use of water under licences;

(b) the water that is to be used under licences;

(c) the way water is applied under licences;

(d) any other relevant matter.

(2) Conditions determined under section 187 must be consistent with water use objectives that apply to the part of the State to which the conditions apply.

(3) Conditions determined under section 187 may include conditions as to all or any of the following matters—


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(a) maximum amounts of water per hectare that may be applied to land specified in licences over any 12 month period;

(b) requirements to minimise impacts of the use of water on other persons or on the environment;

(c) the way that water is used and re-used on land specified in licences;

(d) drainage from land specified in licences;

(e) monitoring and reporting requirements of licence holders;

(f) any other matter that the Minister considers relevant.

189 Revoking or amending determinations as to standard water use conditions

(1) The Minister may make a determination amending or revoking a determination made under section 187, either—


(b) on the recommendation of a catchment management authority.

(2) In making a recommendation under subsection (1)(b) as to an amending determination, a catchment management authority may recommend all or any of the water use conditions that are to be included in the amending determination.

(3) Sections 182(5) and 184 apply to the making of a determination or recommendation under this section as if a reference in those sections to a determination or recommendation were a reference to a determination or recommendation under this section.


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190 Notification and effect of determinations as to standard water use conditions

(1) A determination under section 187 or 189—

(a) must specify the day on which it takes effect; and

(b) must be published—

(i) if the water use conditions are to apply to all of the State—in a newspaper circulating generally throughout the State; or

(ii) if the water use conditions are to apply to a part of the State—in a local newspaper circulating generally in that part.

(2) On the making of a determination under section 187 or 189, the Minister must notify all the holders of water use licences to which the determination applies of—

(a) the making of the determination; and

(b) the conditions set out in or amended by the determination.

(3) A failure to comply with subsection (2) does not affect the validity of a determination made under this Division.

Division 5—Particular conditions on licences

191 Particular conditions on water use licences

The Minister may impose any particular conditions on a water use licence that the Minister thinks fit in relation to the following matters—

(a) the meeting of water use objectives that apply in the area in which the land that is specified in the licence is situated;


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(b) specifying the annual use limit on the licence.

Division 6—Further provisions as to conditions on licences

192 Effect of inconsistency between standard water use conditions and other conditions on licences

(1) If a water use licence is subject to a standard water use condition at the time a particular condition is imposed on the licence and the standard water use condition is inconsistent with the particular condition, the standard water use condition is of no effect (on and after the imposition of the particular condition) to the extent of that inconsistency.

(2) If a water use licence becomes subject to a standard water use condition after a particular condition has been imposed on a water use licence and the standard water use condition is inconsistent with the particular condition, the particular condition is of no effect (on and after the commencement of the application of the standard water use condition to the licence) to the extent of that inconsistency.


particular condition means a condition that is imposed under Division 5 on a water use licence.

Division 7—Amendment of water use licences


193 Application

(1) A licence holder may apply to the Minister for a condition on the water use licence to be amended or removed.


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(2) Two licence holders may apply to the Minister jointly for conditions on the 2 water use licences to be amended or removed.

Note



(1) Subject to sections 195 and 196, on receiving an application under section 193, the Minister may amend or remove the conditions of the water use licence or licences the subject of the application.

(2) Division 2 (except section 177) applies in relation to an application for amendment of a water use licence under this Subdivision as if a reference to an application in that Division were a reference to an application under this Subdivision.

195 Particular requirements in relation to joint applications


(a) there is a joint application under this Subdivision for the amendment of 2 water use licences by the holders of the licences; and

(b) the holder of one licence is applying to reduce the annual use limit for the licence held by that person; and

(c) the holder of the other licence is applying to increase the annual use limit for the licence held by that person; and

(d) the application is made under an agreement between both parties.


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(2) Subject to section 196, the Minister must approve the application and make the amendment sought if the Minister is satisfied that the salinity impacts of the proposed reduction and increase will not have an adverse impact on other persons or the environment.

196 Particular requirements in relation to applications to reduce annual use limit

(1) This section applies if an application is made under section 193(1) or (2) for the condition specifying the annual use limit for a water use licence to be amended so that limit is reduced.

(2) The Minister must not amend that condition unless the Minister is satisfied that the licence holder or holders have notified every person who holds a registered mortgage (under the Transfer of Land Act 1958) over the land specified in the water use licence of their intention to make the application at least 30 days before making that application.

197 Notification of decision on amendment of licence

The Minister must give written notice to an applicant of the Minister's decision on the application.


198 Amendment of water use licences on initiative of Minister

(1) The Minister, on the Minister's initiative, may—

(a) amend a condition of a water use licence; or

(b) impose a new condition on a water use licence.


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(2) The Minister must not amend a condition of, or impose a new condition on, a water use licence under subsection (1) unless the Minister is satisfied that the amendment or new condition (as the case requires) is consistent with the water use objectives that apply to the licence.

(3) Before making an amendment under this section, the Minister must—


(i) the nature of the proposal to amend the licence; and

(ii) the rights the holder has under this section to make submissions on the proposal; and

(b) allow the licence holder an opportunity to make written submissions on the proposal to amend the licence.

(4) In addition, the Minister must, before making an amendment to the condition specifying the annual use limit for a water use licence to reduce the limit, notify every person who holds a registered mortgage (under the Transfer of Land Act 1958) over the land specified in the water use licence of the proposal to make the amendment at least 30 days before doing so.


(6) In deciding whether or not to make an amendment under this section, the Minister must have regard to submissions made under subsection (3)(b) within the period for the making of submissions.



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(8) An amendment under this section has effect from the later of—

(a) the date that the notice under subsection (7) is served; or

(b) the date that is specified by the Minister in that notice.

Division 8—Suspension and cancellation of water use licences

199 Suspension of water use licence

(1) The Minister may suspend a water use licence if—

(a) the Minister reasonably believes that there has been a failure to comply with a condition to which the licence is subject; or

(b) the Minister reasonably believes that there has been a failure to comply with a remedial action notice served in respect of a contravention of a RAN provision relating to an activity under the licence; or

(c) the licence holder has not paid a fee or charge payable under Chapter 9 relating to the water use licence by the date due for payment of the fee or charge.

Note

See also sections 201 and 202.

(2) The Minister must not suspend the licence on the ground of the failure to pay a fee or charge imposed under Chapter 9 relating to the licence if the fee or charge has been paid within the period allowed under section 201(2) for the making of submissions.


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200 Cancellation of water use licence on Minister's initiative

(1) The Minister may cancel a water use licence if the Minister reasonably believes that—

(a) in the case of the licence holder who has been found guilty of a contravention of section 76, that person has continued after that finding of guilt to contravene that section; or

(b) in the case of a licence that is or has been suspended, water has been used during the suspension on the land specified in the licence for a purpose for which a water use licence would be required; or

(c) in the case of a licence that has been suspended, the licence holder has, within 3 years after the completion of the period of suspension, failed to comply with a condition of the licence; or

(d) water has not been used on the land specified in the licence for the purposes for which use of water is authorised under the licence for the immediately preceding period of 10 years.

Note



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(2) In addition, the Minister may cancel a water use licence if the licence holder has not paid a fee or charge under Chapter 9 relating to the licence by the due date for payment of the fee or charge.Note



201 Opportunity to make submissions before suspension or cancellation of licence

(1) Before suspending or cancelling a water use licence under this Division, the Minister must—




(iii) in the case of a proposed suspension of a licence, the terms on which the suspension will be lifted; and

(b) notify every person who has a registered mortgage (under the Transfer of Land Act 1958) over the land specified in the licence of the proposed suspension or cancellation of the licence at least 30 days before doing so; and

(c) in the case of a proposed suspension of the licence, allow the holder an opportunity to make written submissions on the proposal to suspend the licence; and


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(d) in the case of a proposed cancellation of the licence, allow the holder an opportunity to make written submissions on whether or not water has been used on the land in the preceding 10 years.

(2) Submissions under subsection (1)(c) or (d) must be made within 2 months after the giving of the notice under subsection (1)(a).

202 Minister must have regard to submissions before suspending or cancelling a water use licence

In deciding whether or not to suspend or cancel a water use licence under this Division, the Minister must have regard to submissions made under section 201(1) within the specified period for the making of submissions.

203 Cancellation of water use licence on application of licence holder

(1) A licence holder may apply to the Minister for the cancellation of their water use licence.Note


(2) Subject to subsection (3), on receiving an application made by a licence holder under subsection (1), the Minister must cancel the water use licence.

(3) The Minister must not cancel the water use licence unless the Minister is satisfied that the licence holder has notified every person who holds a registered mortgage (under the Transfer of Land Act 1958) over the land specified in the water use licence of their intention to make the application at least 30 days before making that application.


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204 Change of ownership of specified land

(1) In the case of a transfer of ownership of the whole of the land specified in a water use licence, the person to whom ownership is transferred is taken to be the licence holder.

(2) In the case of a transfer of ownership of only part of the land specified in a water use licence (other than to a relative), the licence is taken to be cancelled on the day on which transfer of the ownership of the land takes place.

(3) In the case of a transfer of ownership of only part of the land specified in a water use licence to a relative, the person to whom ownership is transferred and the person retaining ownership of the part that has not been transferred are taken to be the licence holders.

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PART 4.7—WATER USE REGISTRATIONS




(2) This Part provides for the grant of a water use registration. It provides for—

(a) how a water use registration may be applied for and granted; and

(b) the imposition of an annual use limit condition for a water use registration; and

(c) the amendment of an annual use limit condition; and

(d) the cancellation of a water use registration.

206 Definition

In this Part—

occupier, in relation to land, means a prescribed person, or a person of a prescribed class of person, who has a right of access to the land or responsibility for the provision of a service to the land.

Division 2—Grant of water use registrations

207 Application

An owner or occupier of land may apply for a water use registration.

Note



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(a) approve the application and grant the water use registration; or


209 Minister must not grant water use registration unless satisfied as to maximum water amount use

The Minister must not grant a water use registration unless the Minister is reasonably satisfied that the maximum amount of water proposed in the application is reasonable for use for the purpose set out in the application.

210 Conditions on water use registrations as to annual use limit

The Minister may impose a condition on a water use registration specifying the annual use limit for the registration.

211 Content of water use registration

A water use registration must—

(a) specify the name and address of the person granted the registration; and

(b) describe the land in respect of which the registration is granted; and

(c) specify the purposes for which water may be used on the land described in the registration; andNote

The purpose may be irrigation of a prescribed kind.


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(d) if the Minister imposes a condition specifying the annual use limit for the registration, specify that condition; andNote

See section 210.

(e) specify the date on which the registration takes effect.

Division 3—Amendment of annual use limit condition

212 Application

(1) This section applies if a water use registration is subject to a condition that specifies an annual use limit for the registration.

(2) The holder of the water use registration may apply for an amendment of the condition.

Note



(1) On receiving an application under section 212, the Minister may amend or refuse to amend the condition of the water use registration that is the subject of the application.

(2) Division 2 applies in relation to an application under this Division as if a reference in that Division to an application were a reference to an application under this Division.

(3) The Minister must give written notice to an applicant of the Minister's decision on the application.


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Division 4—Cancellation of water use registrations

214 Cancellation of water use registration on Minister's initiative

(1) The Minister may cancel a water use registration if the Minister reasonably believes that water has not been used on the land specified in the registration for the purposes for which use of water is authorised by the registration for the preceding period of 10 years.

(2) Before cancelling a water use registration under this section, the Minister must—

(a) notify the holder of the water use registration as to—

(i) the reason for proposing to cancel the registration; and


(b) allow the holder an opportunity to make written submissions on whether or not water has been used on the land in the preceding 10 years.


(4) In deciding whether or not to cancel a water use registration under this section, the Minister must have regard to submissions made under subsection (2)(b) within the specified period for the making of submissions.

(5) The Minister must give the holder of the water use registration written notice of the Minister's decision under this section.


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215 Cancellation of water use registration on application of holder

(1) The holder of the water use registration may apply to the Minister for the cancellation of the registration.

(2) On receiving an application under subsection (1), the Minister must cancel the registration.


216 Change of ownership of land specified in registration

(1) In the case of a transfer of ownership of the whole of the land specified in a water use registration, the person to whom ownership is transferred is taken to be the holder of the water use registration.

(2) In the case of a transfer of ownership of only part of the land specified in a water use registration (other than to a relative), the water use registration is taken to be cancelled on the day on which transfer of the ownership of the land takes place.

(3) In the case of a transfer of ownership of only part of the land specified in a water use registration to a relative, the person to whom ownership is transferred and the person retaining ownership of the part that has not been transferred are taken to be the holders of the water use registration.

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PART 4.8—WATER RESOURCE MANAGEMENT ORDERS


217 Definitions

In this Part—

Basin Plan has the same meaning as in the Water Act 2007 of the Commonwealth;

Basin Plan order means a water resource management order that only amends another water resource management order to give effect to the Basin Plan;

draft order notice—see section 229;

minor amendment order means a water resource management order that only amends another water resource management order to correct a mistake or make a minor amendment;

proposal notice—see section 226;

publish means publish in—

(a) a newspaper circulating generally in the State; and

(b) a local newspaper circulating generally in the area to which a water resource management order, if made, would apply;

targeted review order means a water resource management order that only implements the recommendations of a report of a targeted review under Part 3.5;

trading rules order means a water resource management order that only contains trading rules that apply to water entitlements;


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water resource management order proposal means a proposal of the Minister referred to in section 226(1);

water shortage derogation order—see section 218.

218 Meaning of water shortage derogation order

(1) A water shortage derogation order is a water resource management order that, in response to a water shortage declared under section 59(1), modifies or varies the application of—

(a) another water resource management order; or

(b) a provision of another water resource management order.

(2) A water shortage derogation order may modify or vary the application of another water resource management order or a provision of another water resource management order with or without substitution of a provision or part of a provision of the other water resource management order.

(3) To avoid doubt, a water resource management order that amends or revokes a water shortage derogation order is a water shortage derogation order.

(4) Unless sooner revoked, a water shortage derogation order remains in effect until the declaration under section 59(1) to which it responds ceases to have effect.

(5) To avoid doubt, a water shortage derogation order prevails over any other water resource management order.

Division 2—Making of water resource management orders

219 Minister may make a water resource management order


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(1) The Minister may make an order (a water resource management order) for or with respect to a matter or thing specified in Schedule 3.

(2) Without limiting subsection (1), a water resource management order—

(a) may be of general or limited application; and

(b) may differ according to time, place or circumstance; and

(c) may confer powers and functions on, and leave any matter to be decided by, the Minister or an Authority; and

(d) may apply, adopt or incorporate any matter contained in any document, whether—

(i) wholly or partially or as amended by the order; or

(ii) as existing at the time the order is made or at any time before then; or

(iii) as existing from time to time.

220 Matters the Minister must have regard to when making a water resource management order

In making a water resource management order, the Minister must have regard to—


(b) any other significant environmental, economic, social and cultural impacts; and


221 Water resource management order must be published in the Government Gazette

A water resource management order must be published in the Government Gazette.


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222 Commencement of water resource management order

A water resource management order comes into operation on—

(a) the day the order is published in the Government Gazette; or

(b) if a later day is specified in the order as the day on which the order comes into operation, that later day.

223 Minimum content of water resource management order

A water resource management order must—

(a) describe the water resources to which it applies; andExamples

Surface water or groundwater.

(b) specify the area or water system to which it applies.

Division 3—Procedure for making water resource management orders

Subdivision 1—Consultation on water resource management order proposals

224 Application

This Subdivision applies if the Minister is of the opinion that there has not been sufficient consultation on a matter in respect of which the Minister proposes to make a water resource management order.


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225 Consultation required under this Subdivision before preparation of draft order

The Minister must comply with this Subdivision before preparing a draft of a water resource management order.

226 Notice of proposal to make water resource management order

(1) The Minister must publish notice of the Minister's proposal to make a water resource management order (a proposal notice).

(2) A proposal notice must—

(a) set out—

(i) the purpose of the proposal; and

(ii) where and how background material may be obtained or accessed in relation to the proposal; and

(b) set out whether it is proposed that an advisory committee will be appointed in relation to the proposal; and

(c) invite written comments on the proposal; and

(d) specify the date by which a comment must be given and the address to which it must be sent to the Minister.

(3) The background material referred to in subsection (2)(a)(ii) must set out—

(a) the reasons for the proposal; and

(b) the process which the Minister proposes to follow in consulting on the proposal; and

(c) the proposed terms of reference of any advisory committee to be appointed under


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section 232 and the composition of the committee.

227 Authorities, Water Holder and environment Minister to be consulted and given proposal notice

(1) Before publishing a proposal notice, the Minister must consult with—

(a) every Authority the Minister considers is likely to be affected by any subject matter to be dealt with by the water resource management order proposal; and

(b) the Water Holder if the Minister considers any subject matter of the water resource management order proposal is likely to affect any held environmental water; and

(c) the environment Minister if the Minister considers any subject matter of the water resource management order proposal is likely to affect any planned environmental water.

(2) After publishing a proposal notice, the Minister must give a copy of the notice to a person or body to which subsection (1) applies.

Subdivision 2—Draft water resource management orders

228 Preparation of a draft water resource management order

Before making a water resource management order the Minister must prepare a draft of the order.

229 Notification of preparation of draft water resource management order

(1) Subject to section 230, on preparing a draft of a water resource management order, the Minister must publish a notice (a draft order notice) that—


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(a) states that a draft of a water resource management order has been prepared; and

(b) sets out where and how a draft of the water resource management order and explanatory material for the draft order may be obtained or accessed; and

(c) invites written comments on the draft order; and

(d) specifies the date by which a comment must be given and the address to which it must be sent to the Minister.

(2) The explanatory material referred to in subsection (1)(b) must—

(a) identify the matters that the Minister must have regard to under section 220; and

(b) set out any material relating to the matters identified under paragraph (a) or how that material may be obtained or accessed; and

(c) describe the consultation, if any, undertaken; and

(d) if the draft order is prepared after a proposal notice has been published in relation to the same subject matter contained in the draft order—

(i) identify any parts of the order that are not consistent with the subject matter of the water resource management order proposal to which that proposal notice relates; and

(ii) state the reasons for the inconsistencies; and

(e) if subsection (3) applies, state the Minister's reasons for the Minister's opinion under that subsection.


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(3) A draft order notice must not include the matters set out in subsection (1)(c) and (d) if the Minister considers that consultation on the draft is not necessary.

230 Authorities, Water Holder and environment Minister to be consulted and given draft order notice

(1) Before publishing a draft order notice in relation to a draft of a water resource management order, the Minister must consult with—

(a) every Authority the Minister considers is likely to be affected by any subject matter to be dealt with by the draft; and

(b) the Water Holder if the Minister considers any subject matter of the draft is likely to affect any held environmental water; and

(c) the environment Minister if the Minister considers any subject matter of the draft is likely to affect any planned environmental water.

(2) After publishing a draft order notice, the Minister must give a copy of the notice to a person or body to which subsection (1) applies.

Division 4—Streamlined process for making of certain water resource management orders

231 Standard consultation and draft order publication requirements do not apply

(1) Division 3 (other than section 230) does not apply to the making of any of the following water resource management orders—

(a) a Basin Plan order;


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(b) a minor amendment order;

(c) a targeted review order;

(d) a trading rules order;

(e) a water shortage derogation order.

(2) In addition, the Minister does not have to comply with section 230 in making a water resource management order referred to in subsection (1)(d) if the Minister is of the opinion that it is not in the public interest to do so.



(1) This section applies if the Minister is of the opinion that—

(a) the draft of a water resource management order or any part of the draft, if made, is likely to have an adverse impact on—

(i) any water user; or

(ii) any matters specified under section 5(a); and

(b) there has not been sufficient consultation in relation to those adverse impacts.

(2) The Minister must appoint an advisory committee—

(a) to advise the Minister on the draft; and

(b) to advise and assist the Minister on the conduct of the consultation in relation to the draft; and

(c) to advise on any other matter requested by the Minister relating to the draft.


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233 Publication of differences between water resource management order and draft of order

(1) This section applies if a water resource management order is substantially different from the draft of the order prepared under Division 2.

(2) On the same day the water resource management order is published in the Government Gazette under section 221 the Minister must publish on the Department's internet site the differences between the water resource management order and the draft of the order.

234 Minister must ensure consolidated versions of water resource management orders are available

(1) As soon as practicable after a water resource management order which amends an existing water resource management order is published in the Government Gazette under section 221, the Minister must ensure that an up-to-date consolidated version of the water resource management order being amended by that amending order is prepared incorporating those amendments.

(2) The Minister must cause the up-to-date consolidated version of the water resource management order prepared under subsection (1) to be made publicly available.Note

See the Dictionary for the meaning of publicly available.

(3) A failure to comply with this section does not affect the operation or effect of the amending water resource management order published in the Government Gazette under section 221.


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235 Disallowance by Parliament

(1) A copy of a water resource management order must be laid before each House of Parliament on or before the sixth sitting day after it is made.

(2) A water resource management order is subject to disallowance by the Parliament and sections 23, 24 and 25 of the Subordinate Legislation Act 1994 apply as if the order were a statutory rule.

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PART 4.9—SYSTEM ALLOCATION DETERMINATIONS

236 Definitions

In this Part—

determining Authority means an Authority specified under an applicable water resource management order as a determining Authority for the purposes of this Part;

relevant water system means a declared water system allocated to a determining Authority under a water resource management order for the purposes of this Part.

237 Seasonal determinations

(1) A determining Authority must, for each water season, determine for a relevant water system the water that is available in the water system for that season—

(a) for each class of water share issued in that system; and

(b) for each bulk entitlement in the system in respect of which the water available to be taken, in any water season, under the entitlement is not able to be established from the terms of the entitlement.

(2) A determination under subsection (1) must be made before the commencement of the water season to which it relates.

238 Seasonal determinations where there is additional water available

(1) This section applies if a determining Authority—

(a) has made a determination under section 237; and


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(b) is of the opinion that there is additional water available in the relevant water system during the water season in respect of which it has made that determination.

(2) The determining Authority may determine that the additional water is available in the water system—

(a) for each class of water shares issued in that system; and


239 Special allocation determinations

(1) This section applies if an applicable water resource management order specifies that a determining Authority may exercise powers under this section.

(2) A determining Authority may, during a water season, determine, for the whole or a part of the relevant water system, the water that is available in the whole of that system or that part of the system for a part of the season—

(a) for each class of water share issued in that system; and


(3) A determination under subsection (2) must specify—

(a) the relevant water system or the part of the relevant water system to which it applies; and


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(b) the part of the season during which the water that is available to be taken may be taken.

240 Matters that apply in relation to making a system allocation determination

(1) A determining Authority must not make a system allocation determination unless the Authority has assessed the amount of water available in the system to be taken and the amount reserved for the environment in accordance with any applicable water resource management order.

(2) In making a system allocation determination, a determining Authority must have regard to the state of the relevant water system in the part of the season to which the determination relates and the expected state of the system.

(3) Subject to any applicable water resource management order, a system allocation determination must apply to each water share in a class of water share in the same proportion.

(4) A system allocation determination as to the amount of water available for water shares in a relevant water system may be expressed as a percentage of the maximum amount of water that has been determined for the water shares.

(5) A system allocation determination as to the amount of water available for bulk entitlements must be consistent with—

(a) any applicable water resource management order; and

(b) the terms of the bulk entitlements.


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241 Notification of making of system allocation determination

A determining Authority must publish notice of the making of a system allocation determination to in a newspaper generally circulating in—

(a) the area that is the subject of the determination; or

(b) the area in which the relevant water system to which the determination applies is located.

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PART 4.10—MISCELLANEOUS

Division 1—Ministerial approval of place at which water may be taken

242 Approval of place to take water

(1) A person may apply to the Minister for an approval for the purposes of section 70.Note


(2) On receiving an application under subsection (1), the Minister may approve or refuse to approve the place at which the water may be taken—

(a) under a water allocation under a bulk entitlement that has been assigned under Division 4 of Part 4.3; or

(b) under a water allocation under a water share; or

(c) under a right in another State or a Territory that is equivalent to that of ownership of a water share.

(3) In deciding whether to approve or refuse to approve a place under subsection (2) the Minister must have regard to—

(a) any applicable interstate agreement; and



(4) The Minister must refuse to approve a place under subsection (2) if the Minister considers that to approve the place would be inconsistent with any applicable water resource management order.


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(5) An approval given under subsection (2)—

(a) may be for a specified period; and

(b) may be subject to any conditions that the Minister thinks fit.

(6) Without limiting subsection (5)(b), the Minister may give approval subject to a condition about the time when water may be taken at the place.

Division 2—Sale of unallocated water

243 Minister may sell unallocated water

(1) The Minister may sell an entitlement to water—

(a) by conducting an auction; or

(b) by inviting and considering tenders; or

(c) in any other manner that the Minister thinks fit.

(2) If the Minister decides to sell an entitlement, the Minister must publish a notice in a newspaper circulating generally in the area concerned—

(a) declaring the kind of entitlement to be sold; and

(b) giving details of the method by which it is to be sold; and

(c) specifying the conditions of sale; and

(d) specifying the conditions, if any, to which the entitlement will be subject and the period for which it will be capable of remaining in effect.

(3) Following a sale under this section, the Minister must do any or all of the following as is appropriate in the circumstances—


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(a) issue a bulk entitlement to, or amend a bulk entitlement held by, the purchaser in accordance with this Act;

(b) issue a take and use licence or water share to the purchaser in accordance with this Act;

(c) take steps to ensure that details of the sale are entered on the water register.

(4) The purchaser is taken to have applied for the entitlement that is issued to them on the sale.

Division 3—Private dam restrictions

244 Private dam restrictions

(1) A person must not construct a private dam for collecting or storing water for domestic or stock use on a lot in a plan of subdivision in a specified area that has a capacity that is greater than that specified for such a dam in that area under a water resource management order.


(2) A person who constructs a private dam for collecting or storing water (other than for domestic or stock or irrigation or commercial use) in a specified area must construct the dam in accordance with that order.




specified area means an area specified under a water resource management order.


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Division 4—Other matters

245 Minister may request certain applicants to participate in an investigation

(1) This section applies if there is an application under—

(a) section 81; or

(b) section 100; or

(c) section 129.

(2) The Minister, by written notice given to an applicant, may request the applicant to participate in an investigation for the purpose of enabling the Minister to assess the likely effects of approving the particular application.

(3) A notice under subsection (2) must specify—

(a) the nature of the investigation and the kind of participation required by the applicant; and

(b) when that participation is required; and

(c) whether the applicant is to bear all or a part of the costs of the investigation.

(4) An applicant bears all or that part of the costs of an investigation specified in a notice under subsection (2).

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CHAPTER 5—ENTITIES




(2) This Chapter contains provisions relating to the establishment, membership, objective, functions, duties and powers of water corporations and the Victorian Environmental Water Holder.

(3) Provision is made for the restructuring and abolition of water corporations and the transfer of property, rights or liabilities between them.

(4) Directors of water corporations and Commissioners of the Victorian Environmental Water Holder are required to disclose any pecuniary interests that they have in relation to matters under consideration and to submit initial and annual returns of financial and other interests.

(5) Provision is made for the payment of dividends and repayment of capital by water corporations to the State.

(6) The Victorian Environmental Water Holder is required to make seasonal watering plans for the State and is empowered to issue seasonal watering statements for any part of the State.

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PART 5.2—WATER CORPORATIONS

Division 1—Establishment, restructuring and abolition

247 Establishment of water corporations

(1) The Minister, by notice published in the Government Gazette, may establish a water corporation.

(2) However, the Minister must not act under subsection (1) unless the Minister—

(a) is satisfied that it is necessary to do so for the purposes of action that the Minister proposes to take under section 249(1); and

(b) has the approval of the Treasurer to act under subsection (1).

(3) A water corporation established under this section is to be known by the name set out in the notice.

(4) A water corporation established under this section—

(a) is a body corporate with perpetual succession; and

(b) has an official seal; and

(c) may sue and be sued in its corporate name; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may, by law, do and suffer.

Note

Provision for the continuation of water corporations that are in existence immediately before the commencement of this section is made by Schedule 7.


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248 Seal

(1) The official seal of a water corporation must be kept as directed by the water corporation and must not be used except as authorised by it.

(2) All courts must take judicial notice of the seal of a water corporation on a document and, until the contrary is proved, must presume that the document was properly sealed.

249 Restructuring of water corporations

(1) The Minister, by notice published in the Government Gazette, may appoint a water corporation to take over the whole or any part of the functions, duties or powers of another water corporation.

(2) However, the Minister must not act under subsection (1) unless the Minister—

(a) has—

(i) reached agreement with each affected water corporation about the terms of the notice; or

(ii) given reasons for acting to all affected water corporations and laid a copy of the reasons before both Houses of the Parliament; and

(b) has the approval of the Treasurer to act under that subsection.

250 Abolition of water corporations

(1) The Minister, by notice published in the Government Gazette, may abolish a water corporation.


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(2) However, the Minister must not act under subsection (1) unless—

(a) the water corporation has no functions or duties to perform; and

(b) the Minister has the approval of the Treasurer to act under that subsection.

251 Transfer of property, rights or liabilities

(1) This section applies to water corporations affected by a notice published under section 249(1) or 250(1).

(2) The Minister, by written notice, may direct the affected water corporations to give to the Minister, within the period specified by the Minister, a statement relating to property, rights or liabilities that are to be transferred from one water corporation to another as a consequence of the notice published under section 249(1) or 250(1).

(3) A statement under this section—

(a) must allocate the property, rights or liabilities from the transferor to the transferee; and

(b) must be signed by the managing directors of the affected water corporations.

(4) If a statement given to the Minister under this section is approved by the Minister—

(a) the Minister must sign it; and

(b) the statement is an allocation statement for the purposes of this Act.

(5) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement.


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252 Schedule 4—restructuring or abolition by Minister

Schedule 4 has effect with respect to an allocation statement.

253 Amendment of allocation statement

(1) An allocation statement may be amended by a document in writing signed by the Minister and by the managing director of the transferee and the transferor.

(2) An amendment to an allocation statement made after the relevant date in relation to that statement may be made with effect from that date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the transferor or the transferee but must not otherwise be so made.

254 Alteration to membership of board of directors

(1) The Minister may specify in the notice under section 249(1) or 250(1) an alteration to the membership of the board of directors of a water corporation affected by the notice either by—

(a) the appointment of additional members to the board of directors; or

(b) the removal of members from the board of directors.

(2) Division 3 applies to an appointment of a member to a board of directors under subsection (1) as if it were an appointment under that Division.


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Division 2—Objective, functions, duties and powers of water corporations

255 Objective of water corporations

A water corporation has the objective of—

(a) providing its services in an efficient and commercial manner that supports liveable, environmentally sustainable and productive communities; and

(b) without limiting paragraph (a), promoting whole of water cycle management.

256 Functions, duties and powers of water corporations

A water corporation has the functions, duties and powers conferred on it by or under this or any other Act.

257 Staff of water corporations

(1) A water corporation may employ, on terms and conditions determined by it, such persons as it considers necessary for performing its functions.

(2) An employee of a water corporation must not, without permission from the water corporation—

(a) engage in any business; or

(b) engage in the private practice of any profession or trade; or

(c) hold any office in any body corporate, other than a Council; or

(d) engage in any other employment.

(3) A person who has been employed by a water corporation for 10 years is entitled, in accordance with the regulations, to be granted by the water corporation—

(a) 3 months' long service leave with pay in respect of that 10 years' service; and


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(b) 1½ months' long service leave with pay in respect of each additional 5 years of completed service.

(4) Any person who, in accordance with the regulations, enters into an agreement about long service leave with a water corporation may do anything necessary or convenient for giving effect to it.

(5) A water corporation may enter into agreements or arrangements for the use of the services of any staff employed under Part 3 of the Public Administration Act 2004 or employed by another Authority or other public entity.

258 Powers of delegation of water corporations

A water corporation, by instrument under its official seal, may delegate any function, power or duty of the water corporation (other than this power of delegation or any other power that is prescribed for the purposes of this section) to—

(a) a director of the water corporation; or

(b) an employee of the water corporation (by name or by reference to the position held by the employee) or a class of employee; or

(c) a person whose services are being used under section 257(5); or

(d) a committee established by the water corporation that is comprised only of directors or employees of the water corporation; or

(e) with the consent of the Minister, any other person.


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Division 3—Directors

259 Appointment of directors

(1) Each water corporation must have a board of directors consisting of—

(a) not less than 2 and not more than 9 directors appointed by—

(i) in the case of Melbourne Water Corporation or a metropolitan water corporation, the Minister in consultation with the Treasurer; and

(ii) in any other case, the Minister; and

(b) the managing director of the water corporation.

(2) In appointing persons to be directors of a water corporation, the Minister (in consultation with the Treasurer when required under subsection (1)) must ensure that each appointee has qualifications and experience that are relevant to the operations of the water corporation.

260 Terms and conditions of appointment of directors

(1) Subject to this Act, a director of a water corporation holds office for the term (not exceeding 4 years) that is specified in the instrument of appointment and is eligible for reappointment.

(2) Subject to this section—

(a) a director of Melbourne Water Corporation or a metropolitan water corporation holds office on the terms and conditions that are determined by the Minister in consultation with the Treasurer; and

(b) any other director holds office on the terms and conditions that are determined by the Minister.


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(3) A director holds office on a part-time basis.


director does not include the managing director.

261 Chairperson

The Minister, in consultation with the Treasurer in the case of Melbourne Water Corporation or a metropolitan water corporation, must appoint one of the directors as chairperson of the water corporation.

262 Deputy chairperson

(1) The board of directors of a water corporation must appoint one of the directors as deputy chairperson of the water corporation.

(2) The deputy chairperson must act as chairperson if—

(a) the office of chairperson is vacant; or

(b) the chairperson is unable, for any reason, to perform the duties of the office.

(3) While acting as chairperson, the deputy chairperson has and may exercise all the powers, and has and must perform all the duties, of the chairperson.

263 Managing director

(1) The board of a water corporation must appoint a person as the managing director of the water corporation, on a full-time or part-time basis.

(2) The managing director of a water corporation holds office, subject to this Act—

(a) for the term (not exceeding 5 years) that is specified in the instrument of appointment, and is eligible for reappointment; and


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(b) subject to the terms and conditions that are specified in that instrument.

(3) The board of directors of a water corporation may appoint a person to act as managing director of the water corporation if—

(a) the office of managing director is vacant; or

(b) the managing director is absent or is unable, for any reason, to perform the duties of the office.

(4) The managing director, or an acting managing director, of a water corporation is not capable of being the chairperson, deputy chairperson or another director of the corporation.

264 When a director ceases to hold office

(1) The office of director of a water corporation becomes vacant if the director—

(a) resigns in accordance with subsection (3); or

(b) becomes an insolvent under administration; or

(c) fails to attend 3 consecutive meetings of the board of directors without the approval of the board; or

(d) is found guilty of an indictable offence; or

(e) holds a paid office in the water corporation.

(2) Subsection (1)(e) does not apply to the managing director.

(3) A person may resign from the office of director by written notice delivered to the Minister.

265 Power to remove or suspend director from office

(1) The Minister, in consultation with the Treasurer in the case of Melbourne Water Corporation or a metropolitan water corporation, may—


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(a) remove a person from the office of director (other than managing director) of a water corporation; or

(b) suspend a director of a water corporation from office, with pay, for a period not exceeding 3 months if the Minister believes that the director has contravened a duty or obligation imposed on the director by or under this or any other Act, including a duty or obligation a contravention of which constitutes an offence.

(2) The Minister, in consultation with the Treasurer in the case of Melbourne Water Corporation or a metropolitan water corporation, must remove a person from the office of director (other than managing director) of a water corporation if the director—

(a) is found guilty of an offence that the Minister is satisfied may affect the director's ability to carry out the duties of the office; or

(b) fails without reasonable cause to disclose any interest under section 282.

(3) In exercising a power conferred by this section to remove a director from office, the Minister must deliver to the director a written notice that—

(a) specifies a date, not earlier than 7 days after the date of the notice, on which the removal is to take effect; and

(b) informs the director that at any time before that date the director may submit to the Minister reasons as to why the director should not be removed from office.


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(4) The Minister, in consultation with the Treasurer in the case of Melbourne Water Corporation or a metropolitan water corporation, by written notice delivered to the member, may revoke a notice of removal at any time before it takes effect.

(5) A suspension imposed under subsection (1)(b) cannot be extended or renewed.

(6) A suspended director is, by force of this subsection, restored to office at the end of the period of suspension unless removed from office within that period.

266 Removal of managing director

The board of directors of a water corporation must remove a person from the office of managing director if the managing director is found guilty of an offence relating to their duties as managing director.

267 Effect of certain findings of guilt

(1) A director of a water corporation who is found guilty of an offence against section 279 or 284(1) or any corresponding previous enactment is not capable of being or continuing to be a director of a water corporation for 7 years after that finding of guilt.

(2) However, the court by which the director is found guilty (on an application by the director), or a court hearing an appeal under subsection (3), may reduce or waive the period of disqualification if it considers it appropriate to do so.

(3) A person, within 6 months after a decision on an application under subsection (2), may appeal from that decision—


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(a) if the person was found guilty by the Magistrates' Court—to the County Court; and

(b) in any other case—to the Supreme Court.

(4) An appeal is by way of re-hearing of the application.

(5) The court, on an appeal, may do anything that it would be entitled to do if the appeal were an appeal against the sentence imposed on the finding of guilt giving rise to the disqualification.

268 Allowances

(1) Subject to subsection (2), a water corporation may pay remuneration and allowances to its directors.

(2) The amounts paid must not exceed the amounts fixed by the Minister (in consultation with the Treasurer in the case of Melbourne Water Corporation or a metropolitan water corporation) in respect of that water corporation.

(3) The amounts fixed under subsection (2) may vary between water corporations.

(4) This section does not apply to the remuneration and allowances paid to the managing director of a water corporation.

269 Expenses

Despite anything in this or any other Act, the directors of a water corporation are, if the board so resolves, entitled to be reimbursed out of the water corporation's funds for their reasonable expenses incurred while carrying out functions and exercising powers under this Act.Example

Reasonable expenses incurred when travelling to and from meetings, undertaking training or making site visits.


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270 Contracts of insurance

The board of directors of a water corporation, by resolution, may allow directors to enter into contracts of insurance in respect of activities undertaken by them as directors.

271 Accident insurance

(1) A water corporation may enter into a contract to insure a director, or a member of a committee established by the water corporation, against accidents arising out of or in the course of—

(a) performing functions as a director or committee member; or

(b) travelling by a reasonably direct route between home and any other place, if the travelling is undertaken solely for the purpose of performing at that other place functions as a director or committee member.

(2) A water corporation may enter into a contract to insure the spouse or domestic partner of a director, or of a member of a committee established by the water corporation, against accidents arising out of or in the course of—

(a) accompanying the director or committee member in the performance of their functions as such; or

(b) travelling with the director or committee member when the director or committee member is travelling in the circumstances described in subsection (1)(b).

(3) Subsection (4) applies if a water corporation enters into a contract with respect to its directors or committee members or their spouses or domestic partners generally.


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(4) Each director or committee member for the time being or their spouse or domestic partner must individually be taken to be insured under the terms of the policy in all respects as if they had personally entered into a policy of accident insurance on those terms.

(5) Subsection (4) applies for so long as the director or committee member concerned remains in office.

272 Validity of things done

Anything done by or in relation to a person purporting to act as a director of a water corporation, whether as chairperson, deputy chairperson or another director, is not invalid merely because—

(a) the appointment had not yet taken effect; or

(b) there was a defect or irregularity in relation to the appointment; or

(c) the appointment had ceased to have effect; or

(d) the occasion for the person to act had not arisen or had ceased.

Division 4—Governance of water corporations

273 Duties of board of directors

(1) The board of directors of a water corporation—

(a) is responsible for—

(i) the strategic planning of the corporation; and

(ii) the management of the affairs of the corporation; and

(b) may exercise the powers of the corporation.


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(2) When acting under subsection (1), the board of directors of a water corporation must do so having regard to the objective set out in section 255.

(3) This Division is additional to, and does not take away from, any Act or law relating to the criminal or civil liability of directors and does not prevent the commencement of any criminal or civil proceeding in respect of such a liability.

274 Meetings of board of directors

(1) The board of directors of a water corporation must hold at least one ordinary meeting every 3 months.

(2) Subject to this Act, the board may regulate its own procedure.

(3) The chairperson or, in the chairperson's absence, the deputy chairperson or, in the absence of both the chairperson and deputy chairperson, a director elected by the directors present at the meeting, must preside at a meeting of the board.

(4) The quorum for a meeting of the board is a majority of the directors in office for the time being.

(5) A question arising at a meeting of the board is determined by a majority of the votes of the directors present and voting on the question.

(6) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote.

(7) The board must ensure that minutes are kept of each meeting of the board.

(8) The board must record in the minutes—

(a) the names of the directors present; and

(b) the names of the directors voting on any question in relation to which a division is called.


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(9) The board may permit directors to participate in a particular meeting by—

(a) telephone; or

(b) closed-circuit television; or

(c) any other means of electronic or instantaneous communication.

(10) A director who participates in a meeting under subsection (9) is to be taken to be present at the meeting.

275 Special meetings

(1) The chairperson may at any time (and must, if requested by 2 members) call a special meeting of the board of directors.

(2) Subject to subsection (3), a special meeting must not be held unless at least 2 days' notice has been given to each director.

(3) If all directors consent in writing, a special meeting may be held with less than 2 days' notice being provided to each director.

(4) Notice of a special meeting must—

(a) be in writing; and

(b) be served on each director, by post or in person; and

(c) specify the time and place of the meeting and the reason for it.

(5) A special meeting must deal only with business stated in the notice.

276 Resolutions without meetings

(1) Subsection (2) applies if—

(a) all of the directors see a document setting out the terms of a resolution; and


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(b) a majority of them sign a document containing a statement that they are in favour of a resolution in those terms.

(2) A resolution in the terms referred to in subsection (1) is to be taken to have been passed at a meeting of the board held on the day on which the document is signed or, if the directors do not sign it on the same day, on the day on which the last director to sign does so.

(3) Each director must be advised as soon as practicable of a resolution that is taken to have been passed under subsection (2) and given a copy of it.

(4) For the purposes of this section, 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more directors, are to be taken to constitute one document.

277 Committees

(1) The board of directors of a water corporation may establish a committee—

(a) to advise the water corporation on any matter referred by the board; or

(b) to exercise any power or perform any function or duty delegated to it by the board.

(2) The following provisions apply to committees—

(a) the board may at any time remove a member of a committee from office but must give the member written reasons for doing so;

(b) a committee may act despite any vacancy in its membership;

(c) subject to this Act and any rules made under paragraph (d), a committee may regulate its own proceedings;


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(d) the board, by resolution, may make rules (with which committees must comply) about—

(i) their quorums; and

(ii) voting powers of their members; and

(iii) their proceedings;

(e) a water corporation must obtain the Minister's consent before it delegates any of its powers, functions or duties to a committee of which any members are not directors or employees of the water corporation;

(f) the Minister may specify rules of procedure for the exercise of a delegated power by a committee and any purported exercise of a delegated power otherwise than in accordance with those rules is void.

(3) A member of a committee is entitled to be paid any fees and allowances—

(a) fixed by the water corporation in the case of a member who is not a director of the water corporation; and

(b) fixed by the Minister in any other case.

(4) A water corporation must include in its annual report of operations a report of the activities of any committee established by it.

278 Validity of decisions

An act or decision of the board of directors of a water corporation is not invalid merely because of a vacancy in the membership of the board, including a vacancy arising from the failure to appoint a director.


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279 Improper use of information

A person who is, or has been, a director of a water corporation must not make improper use of information acquired as a result of that role—

(a) to gain or attempt to gain, directly or indirectly, a pecuniary advantage for themselves or for any other person; or

(b) to cause, or attempt to cause, detriment to the water corporation.


280 Appointment of administrator

(1) The Minister, by notice published in the Government Gazette, may appoint an administrator to carry out the functions of a water corporation if—

(a) the water corporation has failed to comply with a direction of the Minister under section 869; or

(b) the board is not able to function because of an insufficiency in the number of directors.

Note

Under section 259(1) there must be at least 2 directors together with a managing director in office.

(2) A notice under subsection (1)—

(a) must specify the term for which the administrator is appointed, which must be not more than 12 months; and

(b) must set out the reason for the appointment; and


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(c) must be laid by the Minister before both Houses of Parliament within 5 sitting days of each House after it is published.

(3) On the appointment of an administrator any director then in office ceases to hold office.

(4) During the period for which an administrator is appointed, the administrator acts in substitution for the board of directors in performing the functions and duties of the water corporation.

(5) Any defect in relation to the appointment of an administrator does not invalidate that appointment or anything done by the administrator.

(6) The appointment of an administrator ends on whichever of the following happens first—

(a) the expiry of the administrator's term of appointment;

(b) the appointment of a new board of directors.

281 Application of Public Administration Act 2004

The Public Administration Act 2004 (except section 81(1)(f)(iv)) applies to each water corporation as if that water corporation were a public entity, but not a small entity, within the meaning of that Act, established on or after the commencement of Part 5 of that Act.

Division 5—Pecuniary interests

282 Disclosure of pecuniary interests

(1) A director of a water corporation who has a pecuniary interest in any matter in which the water corporation is concerned must—


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(a) if present at a meeting of the board of directors or any of its committees at which the matter is to be considered, disclose the nature of the interest immediately before the consideration; or

(b) if aware that the matter is to be considered at a meeting of the board of directors or any of its committees at which the director does not intend to be present, disclose the nature of the interest to the chairperson of the water corporation before the meeting is held.

(2) A director who has made a disclosure under subsection (1)(a) must leave the meeting before the matter is considered and not take any part in any discussion of, or the making of any decision in relation to, it.

(3) Subsection (2) does not apply to a director if the Minister so directs.

(4) A director who has left a meeting in accordance with subsection (2) may return to it when notified by the chairperson that the consideration of, and voting on, any question relating to the matter has been completed.

(5) If a director has disclosed an interest to the chairperson under subsection (1)(b), the chairperson must disclose that interest at the meeting at which the matter is considered, before it is considered.

(6) A director who has disclosed an interest under subsection (1) must not influence, or attempt to influence, in any way the consideration of, or voting on, the matter by any other director.


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283 Statement relating to disclosure

(1) If a director discloses an interest under section 282(1), a statement of a kind referred to in subsection (2) must—

(a) for a disclosure made at or before a meeting of the board of directors, be included in the minutes of the meeting; or

(b) for a disclosure made at or before a meeting of a committee, be recorded by the committee and presented to, and included in the minutes of the next ordinary meeting of, the board of directors.

(2) The statement must show—

(a) that the disclosure was made; and

(b) the nature of the matter and the nature of the disclosed interest; and

(c) whether any vote was taken on a question relating to the matter and, if so, whether the director was present while the vote was taken; and

(d) whether the director left the meeting at any time during consideration of the matter and, if so, at what stage.

284 Offence

(1) A director must comply with section 282(1), (2) and (6).




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(3) However, it is a defence to a charge for an offence against subsection (1) for the director to prove that they did not know—

(a) that they had a pecuniary interest in the matter; or

(b) that a matter in which they had a pecuniary interest was considered or to be considered at the meeting.

285 Minister may remove disability

(1) The Minister, by written notice to a water corporation, may remove any disability imposed by section 282 in any case if so many of its directors are affected that the Minister decides that the transaction of the business of the water corporation would be impeded.

(2) For the purposes of subsection (1), the Minister may remove, either indefinitely or for a specified time, any disability that would otherwise attach to a director, or class of director, because of any interests, and in respect of any matters, that the Minister specifies in the notice.

286 Existence of pecuniary interest

(1) A director of a water corporation does not have a pecuniary interest to which section 282 applies in relation to a matter only because the director has an interest in the matter—

(a) as a person who receives a service from the water corporation in common with other persons who receive such a service; or

(b) as a person who is, or may become, entitled to remuneration or an allowance or other payment under section 268 or 269; or


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(c) as a member of a club or other association (incorporated or not) that is conducted primarily for charitable, benevolent, recreational or community purposes; or

(d) as a member of an employers' or employees' association; or

(e) as a person to whom the water corporation offers, or proposes to offer, goods or services which are, or are proposed to be, offered generally by the water corporation on the same terms and conditions as to that director; or

(f) as a person who receives a service from the water corporation, or as a resident of a district of the water corporation, who may be required by the water corporation to make any payment that other persons who receive that service, or other residents of the district, may be required by the water corporation to make.

(2) Unless subsection (3) provides otherwise, a director has a pecuniary interest in a matter if—

(a) the director, or a nominee of the director, is a member of a company or other body that has a pecuniary interest in the matter; or

(b) the director is the sole proprietor, a partner, a director or an employee of an entity that has a pecuniary interest in the matter.

(3) Subsection (2) does not apply—

(a) to membership of a body (incorporated or not) which results from an appointment or nomination made by the board of directors of the water corporation; or


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(b) to membership or directorship of a body (incorporated or not) if the member or director has no beneficial interest in any capital or income of the body.

(4) Section 282 does not preclude a director from taking part in the consideration of a matter if the director has a pecuniary interest in the matter only because of having a beneficial interest in shares of a body the total nominal value of which is not more than whichever of the following is less—

(a) $2000;

(b) 1% of the total nominal value of the issued share capital of the body;

(c) if the share capital of the body is of more than one class, 1% of the total nominal value of the issued share capital of any class of shares in which the director has a beneficial interest.

(5) The interest of a spouse or domestic partner of a director must, if known to the director, be taken to be an interest of the director for the purposes of this section.

287 Pecuniary interest does not prevent voting and consideration of some questions

Nothing in section 282 precludes a director from taking part in the consideration of, or voting on, any question as to whether an application should be made to the Minister for the exercise of the powers conferred by section 285.

288 Returns relating to pecuniary interests—Schedule 5

Schedule 5 has effect with respect to a water corporation.


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Division 6—Corporate plans

289 Corporate plans

(1) A water corporation must prepare a corporate plan and submit it to—

(a) the Minister on or before the date specified by the Minister or, if no such date is specified, at least 2 months before it intends to implement the plan or any part of it; and

(b) the Treasurer, at the same time as it submits the plan to the Minister.

(2) A corporate plan must be in or to the effect of a form approved by the Minister and must include—

(a) a statement of corporate intent in accordance with section 291; and

(b) a business plan and financial statements containing the information that the Minister requires.

(3) The Treasurer may make any comments on the plan to the water corporation that the Treasurer thinks fit. The water corporation must have regard to those comments.

(4) A water corporation may implement a corporate plan 2 months (or any shorter time allowed by the Minister) after its submission to the Minister, unless the Minister, within that time, directs in writing any amendments that the Minister thinks fit to be made in the plan.

(5) The Minister must publish in the Government Gazette any direction given under subsection (4).

(6) The Minister must not give a direction under subsection (4) without first having consulted the water corporation.


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290 Major deviation from corporate plan

(1) A water corporation must not make a major deviation from its corporate plan unless it has, at least 2 months (or any shorter time allowed by the Minister) before it intends to make the deviation, submitted to the Minister details of the proposed deviation.

(2) The Minister may issue guidelines as to what are major deviations for the purposes of subsection (1).

291 Statement of corporate intent—contents

Each statement of corporate intent for a water corporation must specify, for the financial year to which it relates and each of the 4 following financial years, the following information—

(a) the business objectives of the water corporation;

(b) the main business undertakings of the water corporation;

(c) the nature and scope of the activities to be undertaken by the water corporation;

(d) the performance targets and other measures by which the water corporation may be judged in relation to its business objectives;

(e) the kind of information to be provided to the Minister by the water corporation during the course of those financial years;

(f) any other matters that may be agreed on by the Minister and the water corporation.

292 Inspection of corporate plan

(1) A water corporation must make sure a copy of its corporate plan is available at its office during its business hours for inspection on request.


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(2) The corporate plan of a water corporation at any time is that plan as amended under section 289(4), or as revised by any deviation under section 290(1), at that time.

293 Board to notify Minister and Treasurer of certain matters

(1) This section applies if the board of directors of a water corporation forms the opinion that matters have arisen—

(a) that may prevent, or significantly affect, achievement of the objectives of the water corporation under the corporate plan; or

(b) that may prevent, or significantly affect, achievement of the financial targets under the plan.

(2) The board must immediately notify the Minister and the Treasurer of its opinion and the reasons for it.

294 Report on achievement of corporate plan

(1) The Minister or the Treasurer may, from time to time, require a water corporation to provide a report on the progress it is making in achieving any targets or objectives in its corporate plan.

(2) In making a requirement under subsection (1), the Minister or the Treasurer must specify—

(a) the form and manner in which the report is to be given; and

(b) the issues that the report is to address; and

(c) the period to which the report is to relate.


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Division 7—Statement of obligations

295 Statement of obligations

(1) The Minister may—

(a) make and issue a statement of obligations to a water corporation specifying obligations of the water corporation—

(i) in performing its functions and exercising its powers; and

(ii) in achieving its objective under section 255; and

(b) amend or revoke a statement of obligations.

(2) Without limiting subsection (1), a statement of obligations may include provisions relating to any of the following—

(a) governance;

(b) quality and performance standards;

(c) community service obligations;

(d) customer and community consultation;

(e) whole of water cycle management, including the preparation of any relevant management plan under a whole of water cycle management planning framework;

(f) the specifying of—

(i) a maximum in relation to the amount of a payment or amounts of payments which may be required from the owner of a property for the provision of sewerage services to the property under section 632(1) in the circumstances specified in item 6 of the Table under that subsection; and


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(ii) the manner in which the payment or payments are to be made;

(g) failure to comply with any obligations imposed by a statement of obligations;

(h) obligations of a water corporation with respect to other public authorities.

(3) The Minister must not make, amend or revoke a statement of obligations unless the Minister has consulted with the Treasurer and the ESC.

(4) The Minister must not amend a statement of obligations unless—

(a) the water corporation has agreed to the proposed amendment; or

(b) the Minister has—

(i) given the water corporation written notice of the proposed amendment; and

(ii) considered any written submission made by the water corporation in response to the notice.

(5) The Minister must publish in the Government Gazette a notice of—

(a) the making and issue of a statement of obligations to a water corporation; or

(b) the amendment or revocation of the statement of obligations.

(6) If there is any inconsistency between a provision of a statement of obligations and a provision of an ESC code, the provision of the statement of obligations prevails.

296 Water corporation must comply with statement of obligations

A water corporation must comply with a statement of obligations which applies to it.


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Division 8—Customer dispute resolution

297 Customer dispute resolution

(1) A water corporation that has a water district, a sewerage district or an irrigation district must have in place at all times a customer dispute resolution scheme approved by the ESC.

(2) In approving a customer dispute resolution scheme the ESC must have regard to—

(a) the need to ensure that it is accessible and that there are no cost barriers to persons using it; and

(b) the need to ensure that it is independent of the members of the scheme; and

(c) the need for it to be fair and to be seen to be fair; and

(d) the need to ensure that it publishes decisions and information about complaints received by it so as to be accountable to the members of the scheme and persons using the scheme; and

(e) the need for it to undertake regular reviews of its performance to ensure that its operation is efficient and effective.

(3) A customer dispute resolution scheme does not take away from any right of review a person may have under this Act.

Division 9—Financial

298 Dividends

A water corporation must pay to the State such dividends, at such time and in such manner, as is determined by the Treasurer after consultation with its board of directors and the Minister.


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299 Repayment of capital

(1) The capital of a water corporation is repayable to the State at such times, and in such amounts, as the Treasurer directs in writing, after consultation with the Minister and the board of directors of the water corporation.

(2) In giving a direction under this section, the Treasurer must have regard to any advice that the board of directors has given to the Treasurer in relation to the water corporation's affairs.

Division 10—Transfer of property etc. between water corporations

300 Transfer of property, rights or liabilities between water corporations

(1) If 2 or more water corporations jointly propose that property, rights or liabilities of any or all of them of a specified kind be transferred from one of them to another of them, they may submit the proposal to the Minister for approval.

(2) A proposal must be in the form required by any guidelines issued by the Minister and be accompanied by a statement containing the information required by the guidelines relating to the property, rights or liabilities to be transferred.

(3) A statement under subsection (2)—

(a) must give the value of the property, rights or liabilities that are to be transferred, to the extent to which it is practicable to determine that value; and

(b) must allocate to the transferee the property, rights or liabilities shown in the statement; and

(c) must be signed by the managing director of the transferee and the transferor.


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(4) The Minister may refuse the proposal or approve it, with or without any changes.

(5) If a proposal is approved by the Minister—

(a) the Minister must sign the statement; and

(b) the statement is an allocation statement for the purposes of this Part.

(6) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement.

301 Schedule 4—transfer between water corporations

Schedule 4 has effect with respect to an allocation statement.

302 Amendment of allocation statement

(1) An allocation statement may be amended by a document in writing signed by the Minister and the managing director of the transferee and the transferor.

(2) An amendment to an allocation statement made after the relevant date in relation to that statement may be made with effect from that date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the transferor or the transferee but must not otherwise be so made.

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PART 5.3—VICTORIAN ENVIRONMENTAL WATER HOLDER


303 References to Commissioner

A reference in sections 316, 318 and 326 to a Commissioner includes a reference to an acting Commissioner.

Division 2—Establishment and constitution

304 Victorian Environmental Water Holder

(1) There continues to be a body corporate called the Victorian Environmental Water Holder.

(2) The Water Holder—

(a) has perpetual succession; and

(b) has an official seal; and

(c) may sue or be sued in its corporate name; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may, by law, do and suffer.

305 Official seal

(1) The official seal of the Water Holder must be kept as directed by the Water Holder and must not be used except as authorised by it.

(2) All courts must take judicial notice of the seal of the Water Holder on a document and, until the contrary is proved, must presume that the document was properly sealed.


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306 Constitution of the Water Holder

The Water Holder consists of the following persons appointed in accordance with section 312—

(a) one full-time or part-time Commissioner who is the Chairperson of the Water Holder; and

(b) at least 2 full-time or part-time Commissioners, one of whom is the Deputy Chairperson of the Water Holder; and

(c) any further full-time or part-time Commissioners.

Division 3—Objective, functions and powers of the Water Holder

307 Objective of the Water Holder

The objective of the Water Holder is to manage held environmental water for the purpose of protecting and improving the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality, and the other values that depend on the health of water ecosystems.

308 Functions of the Water Holder

The functions of the Water Holder are to do the following in accordance with its objective—

(a) manage held environmental water and exercise rights in respect of such water in accordance with this Act;

(b) acquire and purchase water as held environmental water and dispose of, and otherwise deal in, held environmental water in accordance with this Act;


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(c) plan for the purposes of paragraphs (a) and (b);

(d) enter into any agreements for the purposes of paragraphs (a) and (b);

(e) enter into any agreements for the purposes of the co-ordination of the exercise of rights under any water right or entitlement held by another person, including the Commonwealth Environmental Water Holder;

(f) enter into any agreements with any person for the provision of infrastructure by that person to enable the efficient use of held environmental water.

309 Powers of the Water Holder

(1) The Water Holder has the power to do all things necessary or convenient to be done for, or in connection with, or incidental to, the performance of its functions and duties.

(2) Sections 310 and 311 do not limit subsection (1).

310 Staff

(1) The Water Holder, under Part 3 of the Public Administration Act 2004, may employ any staff that are necessary for it to perform its functions or duties or exercise its powers under this Act.

(2) The Water Holder may enter into agreements or arrangements for the use of the services of any staff employed under Part 3 of the Public Administration Act 2004 or employed by an Authority or other public entity.


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311 Delegation

The Water Holder, by instrument, may delegate any of its functions, duties or powers, except this power of delegation or a prescribed function, duty or power, to—

(a) a Commissioner; or

(b) an employee of the Water Holder or a person whose services are being used under section 310(2); or

(c) an Authority that has a waterway management district; or

(d) any other person, or class of person, approved by the environment Minister.

Division 4—Commissioners

312 Appointment of Commissioners

(1) The Governor in Council, on the recommendation of the environment Minister, may appoint a full-time or part-time Commissioner (including the Chairperson and Deputy Chairperson).

(2) The environment Minister must not recommend a person for appointment as a full-time or part-time Commissioner unless that person has knowledge of, or experience in, one or more of the following fields—

(a) environmental management;

(b) sustainable water management;

(c) economics;

(d) public administration.


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(3) In addition, the environment Minister must not recommend a person for appointment for the purposes of section 306(c) unless the environment Minister considers the appointment necessary to enable the Water Holder to perform its functions.

313 Terms and conditions of appointment

(1) A Commissioner is appointed for the period, not exceeding 5 years, that is specified in the instrument of appointment.

(2) A Commissioner's appointment is subject to the terms and conditions specified in the instrument of appointment.

(3) A Commissioner is eligible for reappointment.

314 Removal of Commissioners

(1) The Governor in Council, on the recommendation of the environment Minister, may remove a Commissioner from office if the Commissioner has—

(a) refused, neglected or failed to carry out the duties of the office; or

(b) demonstrated inefficiency or misbehaviour in carrying out the duties of the office; or

(c) become an insolvent under administration; or

(d) not complied with any relevant rules made under Division 8; or

(e) been found guilty of an indictable offence.

(2) If a Commissioner is removed from office under subsection (1), the environment Minister must cause the reasons for that removal to be laid before each House of Parliament within 5 sitting days of that House after that removal.


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315 Acting Commissioners

(1) The Governor in Council, on the recommendation of the environment Minister, may appoint a person to act as a Commissioner—

(a) during a vacancy in the office of a Commissioner; or

(b) for a period during which a Commissioner is unable to perform the functions of the office.

(2) An acting Commissioner is appointed for the period, not exceeding 6 months, specified in the instrument of appointment.

(3) An acting Commissioner is subject to the terms and conditions specified in the instrument of appointment.

(4) An acting Commissioner is eligible for reappointment.

(5) The Governor in Council, on the recommendation of the environment Minister, may remove an acting Commissioner from office at any time.

316 Payment of Commissioners

A Commissioner is entitled to be paid any remuneration, and any travelling and other allowances, that are fixed by the Governor in Council from time to time.


Anything done by or in relation to a person purporting to act as a Commissioner, whether as Chairperson, Deputy Chairperson or another Commissioner, is not invalid merely because—

(a) the appointment had not yet taken effect; or

(b) there was a defect or irregularity in relation to the appointment; or

(c) the appointment had ceased to have effect; or


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(d) the occasion for the person to act had not arisen or had ceased.

Division 5—Governance of the Water Holder

318 Meetings of the Water Holder

(1) The Chairperson may convene as many meetings of the Water Holder as the Chairperson considers necessary.

(2) The Chairperson must preside at a meeting at which the Chairperson is present.

(3) If the Chairperson is absent, the Deputy Chairperson must preside at the meeting.

(4) If the Chairperson and Deputy Chairperson are absent, the Commissioners present must appoint a Commissioner to preside at the meeting.

(5) The quorum for a meeting is a majority of the Commissioners in office for the time being.

(6) A question arising at a meeting is determined by a majority of the votes of the Commissioners present and voting on the question.

(7) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote.

(8) Subject to this Act, the Water Holder may regulate its own proceedings.

319 Validity of decisions

An act or decision of the Water Holder is not invalid merely because of a vacancy in its membership, including a vacancy arising from the failure to appoint a Commissioner.


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320 Ministerial directions

(1) The environment Minister may give a written direction to the Water Holder in relation to the performance of its functions or duties or the exercise of its powers.

(2) A direction given under subsection (1) must not include a direction relating to—

(a) a particular taking or use of held environmental water or other exercise of rights in respect of such water; or

(b) a particular acquisition or purchase of water as held environmental water or a particular disposal of or other dealing in held environmental water.

(3) However, a direction of a kind referred to in subsection (2) may be given so as to ensure consistency with its corporate plan or with any relevant rules made under Division 8.

(4) The environment Minister must notify the Water Holder in writing of the intention to give a direction under subsection (1) at least 14 days before giving that direction.

(5) As soon as practicable after giving a direction under subsection (1), the environment Minister must publish in the Government Gazette notice of the direction, including a statement or summary of its contents.

(6) The Water Holder is required to include in its annual report a statement or summary of the contents of any direction received under subsection (1).


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321 Reporting requirements

The Water Holder must include in its report of operations information as to the performance of its functions, powers and duties in that year in accordance with any relevant rules made under Division 8.

322 Recording requirements

The Water Holder must keep and maintain records to accurately account for the performance of its functions under section 308(a) and (b) in accordance with any relevant rules made under Division 8.

323 Water Holder Trust Account

(1) There continues to be in the Trust Fund under the Financial Management Act 1994 an account known as the Water Holder Trust Account.

(2) There may be paid into the Water Holder Trust Account the following—

(a) money donated to the Water Holder;

(b) money paid to the Water Holder by another person, including the Commonwealth Environmental Water Holder, under an agreement with that person;

(c) any other money received by, or on behalf of, the Water Holder in the performance of its functions, powers and duties.

(3) Money may only be paid out of the Water Holder Trust Account for—

(a) the purpose of meeting the objective of the Water Holder; orNote

The objective of the Water Holder is set out in section 307.


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(b) if the money was received by way of donation, a purpose that is consistent with the purpose for which the money was donated.

324 Application of Public Administration Act 2004

The Public Administration Act 2004 applies to the Water Holder as if the Water Holder were a public entity, but not a small entity, within the meaning of that Act.

325 Application of Financial Management Act 1994

The Financial Management Act 1994 applies to the Water Holder as if the Water Holder were a public body within the meaning of that Act.

Division 6—Pecuniary interests

326 Declaration of pecuniary interests

(1) A Commissioner who has a direct or indirect pecuniary interest in a matter which the Commissioner is considering, or is about to consider, in the course of performing the Commissioner's duties must, as soon as practicable after becoming aware of the relevant facts, declare the nature of that interest to the other Commissioners.

(2) Subsection (1) does not apply if the interest is as a result of the supply to the Commissioner of goods or services that are available to members of the public on the same terms and conditions.

(3) A Commissioner who has made a declaration under this section must not take any further part in any decision in relation to the matter, unless the environment Minister directs otherwise.


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(4) The other Commissioners may require a Commissioner who has made a declaration under this section to leave the meeting while they are considering the matter.

(5) A Commissioner who has left a meeting in accordance with subsection (4) may return to it when notified by the Chairperson that the consideration of, and voting on, any question relating to the matter has been completed.

(6) A Commissioner who has made a declaration under this section must not influence, or attempt to influence, in any way the consideration of, or voting on, the matter by any other Commissioner.

(7) An act or decision of the Water Holder is not invalid merely because of a failure of a Commissioner to comply with this section.

327 Returns relating to pecuniary interests—Schedule 5

Schedule 5 has effect with respect to the Water Holder.

Division 7—Planning by the Water Holder

328 Preparation of corporate plan

(1) The Water Holder must prepare a corporate plan for each financial year and submit it to the environment Minister at least 2 months before the start of that year.

(2) A corporate plan must include the following information in respect of the financial year to which it relates and each of the 3 subsequent financial years—

(a) the strategies and policies the Water Holder will carry out to achieve its objective, and perform its functions;


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(b) governance, funding and reporting arrangements the Water Holder expects to undertake for those strategies and policies;

(c) performance indicators the Water Holder intends to apply to the performance of its functions;

(d) any other information required to be included by any relevant rules made under Division 8.

(3) In preparing a corporate plan, the Water Holder must—

(a) comply with any procedural or consultative requirements under any relevant rules made under Division 8; and

(b) have regard to any other matters required under any relevant rules made under Division 8.

(4) The environment Minister may direct the Water Holder in writing, within 2 months after a corporate plan is submitted under subsection (1), to amend the plan as the environment Minister thinks fit.

(5) The environment Minister must publish in the Government Gazette a direction given under subsection (4).

329 Amendment of corporate plan during operation of plan

(1) A corporate plan may be amended after the start of the financial year to which it relates—

(a) at the direction of the environment Minister; or

(b) at the initiative of the Water Holder.


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(2) The environment Minister must publish in the Government Gazette a direction given under subsection (1)(a).

(3) Before amending a corporate plan under subsection (1)(b), the Water Holder must submit the proposed amendment to the environment Minister.

(4) The environment Minister may agree to the proposed amendment.

(5) If the environment Minister does not agree to the proposed amendment, the environment Minister must so notify the Water Holder within 30 days after a submission being made under subsection (3).

330 Seasonal watering plans

(1) The Water Holder must make a seasonal watering plan for the whole of the State for each water season.

(2) For the purposes of subsection (1), the Water Holder may make seasonal watering plans for different parts of the State.

(3) A seasonal watering plan must include the following information in respect of the water season to which it relates and in respect of the part of the State to which it relates, if the plan is made for a part of the State—

(a) a forecast of climatic conditions;

(b) priorities for the performance of its functions under section 308(a) and (b);

(c) any other information required to be included by any relevant rules made under Division 8.

(4) A seasonal watering plan may be amended by the Water Holder at any time.


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(5) Before making or amending a seasonal watering plan, the Water Holder must—

(a) consider the availability of planned environmental water or any other water that contributes to the preservation of the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality; and

(b) take into consideration any relevant seasonal watering proposals prepared by an Authority under section 498(1); and

(c) ensure the plan is consistent with any requirements set out in, or applicable to, an entitlement to held environmental water; and

(d) comply with any procedural or consultative requirements under any relevant rules made under Division 8; and

(e) have regard to any other matters required under any relevant rules made under Division 8.

(6) A seasonal watering plan must not be inconsistent with any applicable water resource management order.

331 Seasonal watering statements

(1) The Water Holder may issue a seasonal watering statement for any part of the State in respect of the whole or a part of a water season.

(2) A seasonal watering statement may authorise an Authority that has a waterway management district to take or use held environmental water, on behalf of the Water Holder, in that district.

(3) A seasonal watering statement must include, in respect of the part of the State and the water season to which it relates—


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(a) the name of the Authority that may take or use held environmental water on behalf of the Water Holder; and

(b) in respect of water that is to be taken or used, the rights that are to be exercised; and

(c) the purpose for which, the amounts of which and the circumstances in which held environmental water is to be taken or used; and

(d) any other information required to be included by any relevant rules made under Division 8.

(4) A seasonal watering statement may be made at any time during the water season to which it relates.

(5) A seasonal watering statement must be consistent with a seasonal watering plan for the same water season to which the statement relates.

(6) Before making a seasonal watering statement the Water Holder must—

(a) ensure the statement is consistent with any requirements set out in, or applicable to, an entitlement to held environmental water; and

(b) comply with any procedural or consultative requirements under any relevant rules made under Division 8; and

(c) have regard to any other matters required under any relevant rules made under Division 8.

(7) In the event of any inconsistency between seasonal watering statements, the most recent statement is to prevail to the extent of that inconsistency.


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(8) A seasonal watering statement must not be inconsistent with any applicable water resource management order.

332 Water Holder may require information relating to water season

The Water Holder, by written notice, may require an Authority that has a waterway management district, to give the Water Holder information relating to the taking or use of held environmental water within that district in accordance with a seasonal watering statement.

333 Availability of plans and statements

The Water Holder must make a corporate plan, a seasonal watering plan and a seasonal watering statement—

(a) available for inspection, during business hours, free of charge at its office; and

(b) available on its internet site.

Division 8—Ministerial rules relating to Water Holder

334 Ministerial rules relating to Water Holder

(1) The environment Minister, by order published in the Government Gazette, may make rules for or with respect to the following matters—

(a) information for the purposes of reporting requirements under section 321;

(b) information for the purposes of recording requirements under section 322;

(c) procedural and consultative requirements relating to the preparation of corporate plans, seasonal watering plans or seasonal watering statements;


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(d) matters that the Water Holder must have regard to when preparing corporate plans, seasonal watering plans or seasonal watering statements;

(e) information that must be included in corporate plans, seasonal watering plans or seasonal watering statements;

(f) consultative requirements to be undertaken by the Water Holder with communities and stakeholders;

(g) requirements as to the reporting by the Water Holder to the environment Minister in relation to the performance of its functions, powers and duties;

(h) information that does not disclose the identity of any other person that must be made publicly available by—

(i) the Water Holder relating to the performance of its functions or duties or the exercise of its powers; or

(ii) Authorities that have waterway management districts relating to the taking or use of held environmental water in their districts;

(i) the acquisition, purchase or disposal of, or other dealing in, held environmental water in accordance with this Act;

(j) requirements as to how the Water Holder is to make decisions as to the priority of addressing seasonal watering proposals prepared under section 498(1).


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(2) An order published under subsection (1) must specify the place at which a copy of the rules may be inspected.

(3) The environment Minister must not make any rules in relation to any matter for which the environment Minister may not give a written direction under section 320.

(4) The environment Minister must not make any rules without having—

(a) given the Water Holder and Authorities that have waterway management districts written notice of the proposed rule; and

(b) considered any written submission made by the Water Holder or such an Authority in response to that notice.

(5) The Water Holder and Authorities that have waterway management districts must comply with any relevant rules made under this Division.

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CHAPTER 6—DISTRICTS AND RECREATIONAL AREAS




(2) This Chapter provides for establishing, varying and abolishing 4 kinds of districts for Authorities. These are—

(a) water supply; and

(b) sewerage; and

(c) irrigation; and

(d) waterway management.

(3) It also provides for establishing recreational areas and sets out the functions and powers that an Authority with the management and control of a recreational area has in respect of the recreational area.

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PART 6.2—DISTRICTS

336 Establishing districts

(1) The Minister, by order published in the Government Gazette, may establish for an Authority—

(a) a water supply district; or

(b) a sewerage district; or

(c) an irrigation district; or

(d) a waterway management district.

(2) A district described in an order under subsection (1) must be described by reference to a plan lodged at the central plan office.

(3) An order takes effect from the date specified in it. The date must not be earlier than the date on which the order is published.

337 Effect of order establishing district

(1) This section applies if an order under section 336 describes a district that includes a whole or a part of a district (a pre-existing district) of the same kind that the Authority has immediately before the order takes effect.

(2) Despite any other provision of this Act—

(a) in the case of a whole pre-existing district, that district is taken to be abolished and to form part of the district described in the order; and

(b) in the case of a part of a pre-existing district, that part is taken—

(i) to be excised from that pre-existing district; and

(ii) to form part of the district specified in the order.


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338 Variation or abolition of district

(1) The Minister, by order published in the Government Gazette, may vary or abolish a district that has been established under section 336 or that otherwise exists.

(2) A variation described in an order under subsection (1) must be described by reference to a plan lodged at the central plan office.

(3) An order takes effect from the date specified in it. The date must not be earlier than the date on which the order is published.

339 Procedural requirements for establishing, varying or abolishing district

(1) Before making an order under section 336 or 338, the Minister—

(a) must consult with the Authority for whom the district is to be established or that has the district that is to be varied or abolished; and

(b) must consult with any Authority that has a district that is or may be affected by the order; and

(c) may consult with any other person, as the Minister thinks fit.

(2) In making an order under section 336 or 338, the Minister must have regard to—

(a) any comment received in the course of consultation under subsection (1); and

(b) the public interest.


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340 Waterway management district of Melbourne Water Corporation

(1) This section applies if the Minister proposes to vary, or varies, under section 338 a waterway management district of Melbourne Water Corporation.

(2) Melbourne Water Corporation and another Authority or a Council may jointly propose that property, rights or liabilities of any or all of them of a specified kind be transferred from one of them to another of them.

(3) Division 10 of Part 5.2 and Schedule 4 apply to a proposal under subsection (2), and to the transfer of property, rights and liabilities between the parties to the proposal under an allocation statement, in the same way as they apply to a proposal referred to in section 300(1) and to the transfer of property, rights and liabilities between the parties to the proposal under an allocation statement.

(4) For the purposes of subsection (3)—

(a) a reference in Division 10 of Part 5.2—

(i) to water corporations includes a reference to an Authority and a Council; and

(ii) to the managing director of a transferee or transferor includes a reference, in the case of a Council that is a transferee or transferor, to the Chief Executive Officer of the Council; and


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(b) the reference in clause 15(1) of Schedule 4 to Division 10 of Part 5.2 includes a reference to this section.

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PART 6.3—RECREATIONAL AREAS

341 Establishing recreational areas

The Minister, by order published in the Government Gazette, may establish any of the following as a recreational area under the management and control of an Authority—

(a) land that is owned, managed or controlled by an Authority;

(b) land that is significant to the exercise of a function of an Authority and that—

(i) is owned, managed or controlled by another public statutory body; or

(ii) is Crown land.

342 Consent required in certain cases

The Minister must not make an order under section 341 in respect of land of a type referred to in section 341(b) unless the Minister has first obtained the consent of—

(a) for land referred to in section 341(b)(i), the public statutory body that owns, manages or controls the land; or

(b) for land referred to in section 341(b)(ii), the Minister responsible for the management of the land.

343 Functions in respect of recreational areas

(1) An Authority that has the management and control of a recreational area has the following functions—

(a) in accordance with any directions of the Minister, to prepare a management strategy relating to recreational uses of the area;

(b) to improve the recreational uses of the area;


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(c) to provide or arrange services or facilities within the area for recreational uses;

(d) to manage land use in the area.

(2) An Authority that has the management and control of a recreational area that includes a dam or reservoir must carry out its functions under this Part in a manner that is compatible with the protection of the dam or reservoir, water quality and the uses to which the water in the dam or reservoir may be put.

344 Revenue from land

Any revenue collected in relation to a recreational area forms part of the funds of the Authority that has the management and control of the area.

345 Leases and licences to occupy or use recreational area

An Authority that has the management and control of a recreational area may grant a lease or licence for the occupation or use of land constituting the whole or part of the recreational area.

346 Offence to moor, leave unmoored or operate houseboat within recreational area without licence

(1) A person must not moor, leave unmoored or operate a houseboat within a recreational area unless the person is authorised to do so under a houseboat licence.




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347 Licence to operate houseboats within prescribed recreational areas

An Authority that has the management and control of a recreational area may issue a licence to operate a houseboat within a prescribed recreational area—

(a) by way of—

(i) auction; or

(ii) inviting tenders; or

(b) in any other way it thinks fit.

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CHAPTER 7—FUNCTIONS AND POWERS





(a) general functions and powers that are conferred on Authorities; and

(b) specific functions and powers that are conferred on certain Authorities.

(3) This Chapter provides that an Authority is not obliged to perform any function conferred by or under this Act unless this Act expressly provides otherwise. However, an Authority must perform its functions or exercise its powers subject to any direction given by the Minister.

(4) The general functions and powers include functions and powers related to—

(a) serviced properties; and

(b) connections to an Authority's infrastructure; and

(c) water meters; and

(d) water supply or delivery; and

(e) contracts, agreements, business and activities; and

(f) land and carrying out work; and

(g) introducing water into certain waterways, infrastructure or natural channels; and

(h) water management schemes and drainage courses; and

(i) emergency management; and


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(j) reconfiguration plans.

(5) The specific functions and powers include functions and powers related to—

(a) water supply; and

(b) water delivery and irrigation; and

(c) bulk water supply; and

(d) water infrastructure; and

(e) sewage and trade waste; and

(f) bulk sewage; and

(g) sewerage infrastructure; and

(h) waterway management, regional drainage and floodplain management; and

(i) drainage.

(6) Certain decisions made under this Chapter may be reviewed by VCAT.

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PART 7.2—GENERAL FUNCTIONS AND POWERS

Division 1—General

349 General power to perform functions

(1) An Authority has the power to do all things necessary or convenient to be done for, or in connection with, or incidental to, the performance of its functions and duties, including any function delegated to it.

(2) No other provision of this Act that confers a power on an Authority limits subsection (1).

350 General power to perform functions outside of district

Subject to this Act, an Authority may perform its functions or exercise its powers, outside its district, including outside the State.

351 No obligation to perform functions

Subject to this Act, an Authority is not obliged to perform any function conferred by or under this Act, unless this Act expressly provides otherwise.

352 Accountability of Authorities

An Authority must perform its functions and exercise its powers subject to—

(a) any direction given by the Minister under section 869; and

(b) any statement of obligations issued by the Minister under section 295 or 492 which applies to it.


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353 General functions of Authorities

An Authority has the following functions under this Act—

(a) to identify the needs of the community (both present and future) in relation to its functions under this Act and to plan for those needs;

(b) to investigate, promote and conduct research into any matter related to its functions under this Act.

Division 2—Serviced properties

354 Power to declare land to be a serviced property

(1) An Authority, by written notice, may declare any land to be a serviced property for the purposes of this Act if—

(a) for land that is within the Authority's water supply district, the Authority has made provision for water supply services to the land; or

(b) for land that is within the Authority's sewerage district, the Authority has made provision for collecting, conveying, treating, disposing or recycling, of sewage from the land; or

(c) for land that is within the Authority's irrigation district, the Authority has made provision for—

(i) delivering water to the land; or

(ii) drainage services in relation to the land or that are of direct benefit to the land; or


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(iii) salinity mitigation services in relation to the land or that are of direct benefit to the land; or

(d) for land that is within the Authority's waterway management district, the Authority has made provision for—

(i) regional drainage that is of direct benefit to that land; or

(ii) floodplain management services that are of direct benefit to that land.

(2) A notice under subsection (1) must be served on the owner of the land.

(3) A notice under subsection (1) must—

(a) identify the property to which it applies; and

(b) specify the services available or that will be available; and

(c) fix a date on and after which the land is a serviced property for the purposes of this Act.

(4) This section does not apply to Melbourne Water Corporation.

355 Certain rateable land taken to be a serviced property

Land in the waterway management district of Melbourne Water Corporation that is rateable land is taken to be a serviced property.

Division 3—Connections to infrastructure

356 Control over connections to an Authority's infrastructure

(1) A person must not, without an Authority's consent—


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(a) connect, or cause or permit to be connected, any infrastructure to the infrastructure of the Authority; or

(b) alter or remove, or cause or permit to be altered or removed, any infrastructure that is connected to the infrastructure of the Authority.



Note


357 Application for consent

(1) For the purposes of section 356(1), an owner of land may apply to an Authority for its consent to—

(a) the connection of infrastructure to the infrastructure of the Authority that is located on that land; or

(b) the alteration or removal of any infrastructure that is connected to the infrastructure of the Authority.

Note


(2) The Authority may—

(a) give its consent; or

(b) refuse its consent.

(3) A consent given by an Authority is subject to—

(a) any prescribed condition; and


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(b) any condition it determines that relates to a prescribed class of condition specified in the consent; and

(c) any other condition it thinks fit specified in the consent (which must not be inconsistent with any prescribed condition).

(4) Conditions subject to which the Authority consents are binding on the successors in title of the owner of the land to whom the consent is given.

(5) An Authority, by written notice served on the owner of land, may—

(a) impose an additional condition of a kind referred to in subsection (3)(b); or

(b) amend or remove a condition of a kind referred to in subsection (3)(b) or (c).

(6) A condition that is imposed, or any amendment or removal of a condition, under subsection (5)—

(a) must not be inconsistent with any prescribed condition; and

(b) takes effect—

(i) on the day on which the notice is served; or

(ii) on a later day specified in the notice.

358 Conditions of consent must be complied with

(1) A specified person must comply with any conditions to which a consent given under section 357 is subject.




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specified person means—

(a) a person to whom a consent under section 357 is given; or

(b) an owner of land—

(i) on which infrastructure is located (wholly or partly) to which a consent under section 357 relates; and

(ii) who has been given notice of the conditions to which that consent is subject.

Notes

1 An information statement issued under section 416 must set out the details of any consent given under section 357 and the details of any conditions to which the consent is subject.

2 Section 816 applies to an offence against subsection (1).

359 Removal of existing connection to an Authority's infrastructure

(1) An Authority may remove any connection that connects a serviced property to its infrastructure.

(2) Before removing a connection, an Authority must serve written notice on the owner or occupier of the serviced property—

(a) stating its intention to remove the connection; and

(b) advising if that removal will result in the serviced property ceasing to be provided with a particular service by the Authority.


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(3) A notice under subsection (2) must specify the date on which the Authority intends to remove the connection. The date must not be less than 28 days after the date on which the owner or occupier is served with the notice.

360 General discharge offence

(1) A person must not—

(a) cause or permit any thing to be discharged, or to drain, directly or indirectly, into any infrastructure of an Authority; or

(b) fail to take reasonable steps to avoid any thing being discharged, or drained, directly or indirectly, into any infrastructure of an Authority.


Note

Section 816 applies to an offence against this subsection.

(2) Subsection (1) does not apply to the following—

(a) a discharge of sewage into the sewerage infrastructure of a water corporation through sanitary drains;

(b) a discharge of sewage at a sewage discharge station made available for that purpose by a water corporation;

(c) a discharge of trade waste into the sewerage infrastructure of a water corporation in accordance with a determination under section 473;

(d) a discharge of trade waste into the sewerage infrastructure of a water corporation with its consent and in accordance with any conditions of that consent (including


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conditions contained in a trade waste agreement);Note

See section 475.

(e) a discharge or draining of any matter or substance (other than sewage or trade waste) into any infrastructure of an Authority with its consent and in accordance with any conditions of that consent.Note

See section 362.


361 Application for consent to the discharge of any matter or substance (other than sewage or trade waste)

For the purposes of section 360(2)(e), a person may apply to an Authority for its consent to the discharge or draining of any matter or substance (other than sewage or trade waste) into its infrastructure.

Note


362 Determination of application for consent to the discharge of any matter or substance (other than sewage or trade waste)

(1) On receiving an application under section 361, the Authority may—






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(3) An Authority, by written notice served on the holder of a consent given under subsection (1), may—





(b) takes effect—




(1) A person to whom a consent under section 362 is given must comply with the conditions to which that consent is subject.



Note



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364 Required work notice

(1) An Authority, by written notice served on the owner of a serviced property or land (a required work notice), may require the owner—

(a) to repair or carry out maintenance on any infrastructure (other than infrastructure of the Authority)—

(i) located on that serviced property; or

(ii) that connects that serviced property or land to the Authority's infrastructure; or

(iii) that is necessary for the provision of a service by the Authority to that serviced property or land; or

(b) to carry out any other work that is necessary for the provision of a service by the Authority to that serviced property or land.

(2) However, an Authority may not require an owner to repair or carry out maintenance on any infrastructure that is located within the boundary of the serviced property or land that a plumbing inspector could, under Part 12A of the Building Act 1993, require—

(a) a plumber to do under a rectification notice; or

(b) the owner to do under a plumbing notice or order.

(3) If land is connected to the Authority's infrastructure by a combined connection, a required work notice may be served on any or all of the owners of that land.

(4) A required work notice must specify—

(a) the repairs, maintenance or other work required to comply with the notice; and


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(b) the period of time that the owner has to comply with the notice, not being less than 14 days after the date on which the notice is served on the owner; and

(c) the consequences of not complying with the notice.

(5) An owner on whom a required work notice is served must comply with it within the period of time specified in it or any longer period of time allowed by the Authority.


Note



(7) Subject to subsection (8), if a required work notice is not complied with as set out in subsection (5), the Authority may carry out the required repairs, maintenance or work and recover its reasonable costs of doing so from each owner on whom the notice was served.

(8) An Authority may not recover any costs it incurs in repairing or maintaining infrastructure the repair and maintenance of which is prescribed to be the responsibility of the Authority.

365 Authority may notify other bodies of certain matters

(1) In the circumstances set out in section 364(2), the Authority, for the purpose of facilitating the effective operation of Part 12A of the Building Act 1993, may give a written notice to the Victorian Building Authority established under section 193 of that Act stating—

(a) the name of the owner of the infrastructure; and


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(b) the address of the serviced property or land; and

(c) the nature of the required repairs, maintenance or other work.

(2) At the request of a responsible road authority made for the purpose of facilitating its performance of its road management functions, an Authority may give a written notice to that authority stating the name, address and contact details of a person who—

(a) is the owner of any serviced property or land to which the Authority provides a service; and

(b) is the owner, or is responsible for the maintenance, of non-road infrastructure.

366 Emergency repair of non-road infrastructure

(1) In an emergency, an Authority may carry out repairs on any non-road infrastructure that is connected to its infrastructure and to which this section applies.

(2) This section applies to non-road infrastructure if the person who owns it, or is responsible for its maintenance, is the owner of any serviced property or land to which the Authority provides a service by use of that infrastructure.

(3) The Authority may recover its reasonable costs of carrying out the repairs from the owner referred to in subsection (2).

(4) Nothing done by an Authority under this section has the effect of making the Authority the infrastructure manager (within the meaning of the Road Management Act 2004) of the non-road infrastructure for the purposes of that Act.

(5) This section is subject to clauses 7(2) and 8(3) of Schedule 7 to the Road Management Act 2004.


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Division 4—Water meters

367 Installation of meters

(1) An Authority may install and maintain a meter to measure—

(a) the amount of water supplied or delivered to any land by the Authority in the exercise of its water supply or delivery functions; or

(b) the amount of water taken.

(2) An Authority may install the meter on land in any position it considers appropriate.

(3) Without limiting subsection (1), an Authority may install and maintain a separate meter—

(a) for each occupancy on any land; and

(b) if water is supplied or delivered for more than one type of service, to measure the amount of water supplied or delivered for each service.

(4) In determining what constitutes a separate occupancy, the Authority must use the relevant principles set out in the Valuation of Land Act 1960.

(5) A meter installed by an Authority is the property of that Authority.Note

It is an offence to interfere with an Authority's property—see section 777.

368 Estimation of water


(a) an Authority is of the opinion that a meter installed under section 367 is functioning inaccurately or has been interfered with; or


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(b) an Authority—

(i) supplies or delivers water to any land; and

(ii) there is no meter installed under section 367 (whether or not because the meter has been removed) to measure the amount of water supplied or delivered to the land; or

(c) water—

(i) is taken or used on any land under a water entitlement; and

(ii) there is no meter installed under section 367 (whether or not because the meter has been removed) to measure the amount of water taken or used on the land under the water entitlement.

(2) The Authority may calculate the amount of water supplied or delivered to, or taken or used on, the land during a specific period—

(a) by having regard to the amount of water—

(i) supplied or delivered to, or taken or used on, the land in any previous or subsequent period or periods; or

(ii) supplied or delivered to, or taken or used on, similar land during the period concerned; or

(b) in any other way that is prescribed.

Division 5—Powers in relation to water supply or delivery

369 Water corporation may reduce or discontinue water supply or delivery in certain circumstances


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(1) A water corporation may do any of the following if a circumstance specified in subsection (2) exists—

(a) reduce the amount of water it supplies or delivers to a serviced property;

(b) reduce the rate at which it supplies or delivers water to a serviced property;

(c) discontinue the supply or delivery of water to a serviced property.

(2) For the purposes of subsection (1), the following circumstances are specified—

(a) the water corporation is unable to supply or deliver the amount of water that would otherwise be supplied or delivered to the person because of—

(i) a shortage of water or any other unavoidable cause; or

(ii) insufficient capacity in its distribution infrastructure;

(b) the water corporation reasonably believes that the reduction or discontinuance is necessary to avoid future—

(i) water shortages; or

(ii) insufficient capacity in its distribution infrastructure to meet its ordinary obligations under this Act;

(c) the quality of water available for supply or delivery does not meet the standards for its intended authorised use;

(d) the water corporation reasonably believes that an owner or occupier of the serviced property has failed to comply with a notice served on that owner or occupier under section 364, 774 or 784;

s. 369s. 369Part 1.3—Application

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(e) the water corporation reasonably believes that an owner or occupier of the serviced property has contravened a section or regulation prescribed for the purposes of this paragraph;

(f) subject to section 370, an owner or occupier of the serviced property has failed or refused to pay any money due to the water corporation for the supply or delivery of water to that serviced property.

Note

A water corporation may also remove or disconnect a service under Part 13.3.

(3) A water corporation may do a thing referred to in subsection (1), in a circumstance specified in subsection (2)(d), (e) or (f) if the water corporation decides that the circumstance exists, whether or not it has been proved to the satisfaction of a court that the circumstance exists.

370 Supply of certain kinds of water must not be discontinued in certain circumstances

(1) A water corporation must not reduce or discontinue the supply of water under section 369(1) in the circumstance referred to in section 369(2)(f) if that water is—

(a) drinking water; or

(b) recycled water supplied for sanitary purposes, when supplied by the water corporation under Division 1 of Part 7.5.

(2) A water corporation must not reduce or discontinue the supply of water under section 369(1) in a circumstance referred to section 369(2)(b), (c), (d), (e) or (f) if that water is


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supplied for the principal purpose of combating an outbreak of fire.

371 Compensation

A person is not entitled to any compensation under section 725 for anything done by a water corporation under this Division.

Division 6—Contracts, agreements, businesses or activities

372 Contracts and agreements

(1) The power of an Authority to enter into contracts includes the power to agree with another Authority, a government department or any other public statutory body with respect to—

(a) the performance by the Authority and the other party of their respective functions; or

(b) the carrying out for either party by the other party of any work; or

(c) the provision by either party to the other party of any services; or

(d) the use or joint use by the Authority and the other party of their respective facilities or the services of their respective staff.

(2) An Authority (at the request and expense of any person) may do any of the following in connection with, or incidental to, the Authority's functions—

(a) carry out work on, repair or alter any infrastructure;

(b) carry out any survey or investigation;

(c) any other thing.

373 Contracts and agreements not connected with or incidental to functions

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that is not connected with or incidental to any function of the Authority.

374 Businesses or activities incidental to functions

(1) The functions of an Authority include the carrying on or engaging in (within or, with the approval of the Minister, outside Victoria)—

(a) any business or activity that is incidental to the Authority's functions under this Act or the regulations; or

(b) any business or activity that is capable of being carried on without impeding the Authority's capacity to perform its ordinary functions under this Act.


business or activity includes the provision of consultancy or project management services.

375 Commercial ventures

(1) An Authority, with the approval of the Minister, may—

(a) form or participate in the formation of a corporation, trust, partnership or other body; or

(b) subscribe for or otherwise acquire (and hold and dispose of) shares in, or debentures or other securities of, a corporation; or

(c) become a member of a company limited by guarantee; or

(d) subscribe for or otherwise acquire (and hold and dispose of) units in a trust; or

(e) acquire (and hold and dispose of) an interest in a partnership or other body; or

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interest, co-operation, joint venture, reciprocal concession or otherwise, with any person carrying on or engaged in, or about to carry on or engage in, any business or activity (within or outside Victoria) that is capable of being carried on or engaged in—

(i) without impeding the Authority's capacity to perform its ordinary functions under this Act; and

(ii) so as to directly or indirectly benefit the Authority.

(2) An Authority must include in its annual report or report of operations a report of—

(a) the activities of any body formed by the Authority or in the formation of which the Authority participates under subsection (1)(a); and

(b) any business or activity carried on or engaged in by the Authority under section 374 or subsection (1).

376 Intellectual property

An Authority, with the approval of the Minister, may—

(a) apply for, obtain and hold (on its own behalf or jointly with any other person) any intellectual property rights; or

(b) assign or grant licences (with or without charge) in respect of those intellectual property rights; or

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377 Ownership of infrastructure

(1) Subject to subsection (2), any infrastructure that is acquired, constructed or installed, or that is in the process of being constructed or installed, by an Authority is owned by that Authority.

(2) Infrastructure that is constructed or installed by an Authority on behalf of another person, is not owned by the Authority if this Act provides, or the parties agree, that the infrastructure is not owned by the Authority.

Division 7—Land

Subdivision 1—Purchase and compulsory acquisition of land

378 Purchase of land

An Authority may purchase any land that is or may be required by it for or in connection with, or as incidental to, the performance of its functions under this Act.

379 Compulsory acquisition of land

(1) An Authority may compulsorily acquire any land that is or may be required by it for or in connection with, or as incidental to, the performance of its functions under this Act.

(2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—

(a) the acquiring Authority is the Authority; and

(b) the Water Act 2014 is the special Act; and

(c) land includes—

(i) any land that—

(A) is actually comprised by measurement in the land described


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in the Crown grant of the land; and

(B) forms part of the bed and banks of a watercourse; and

(C) is declared to remain the property of the Crown by section 385 of the Land Act 1958; and

(ii) strata above or below the surface of land; and

(iii) easements and rights to use land or strata above or below the surface of the land.

(3) A right in the nature of an easement or purporting to be an easement that is acquired by an Authority must be taken to be an easement even if there is no land vested in the Authority that is benefited or capable of being benefited by that right.

(4) A Crown grant that is issued to any person of land which has been compulsorily acquired by an Authority or in respect of which or over which any easement has been compulsorily acquired is taken to be exempted from the grant and remains vested in the Authority.

380 Authority must notify Department Head of certain matters

(1) An Authority must notify the Department Head of the following—

(a) its intention to compulsorily acquire land over which a person holds a lease or licence;

(b) its compulsory acquisition of land over which a person holds a lease or licence.

(2) A notice under subsection (1)—

(a) must include a description of the land; and


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(b) for a notice under subsection (1)(b), must be given as soon as possible after the acquisition.

Subdivision 2—Management of Crown land

381 Declaration as to management of Crown land

(1) Subject to subsection (2), the Governor in Council, by order published in the Government Gazette, may declare that the Crown land specified in the order is placed under the management and control of the Authority specified in the order.

(2) The Governor in Council may make a declaration under subsection (1) only on the recommendation of—

(a) the Minister; and

(b) the Minister administering the Conservation, Forests and Lands Act 1987.

(3) A declaration under subsection (1) may be subject to any conditions specified in the order.

382 Resumption of Crown land

(1) The Governor in Council, by order published in the Government Gazette, may resume any Crown land specified in the order—

(a) that was, by order under section 381, declared to be under the management and control of an Authority; and

(b) that is required for—

(i) a public road within the meaning of the Road Management Act 2004; or

(ii) any other public purpose.

(2) An order under subsection (1) may be made—


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(a) at any time; and

(b) without compensation.

383 Surrender of Crown land

(1) An Authority may surrender to the Crown any Crown land that was, by order under section 381, declared to be under the management and control of the Authority.

(2) An Authority may surrender land under subsection (1) at any time.

(3) Any surrender of land under subsection (1) is subject to the approval of the Governor in Council.

(4) Crown land that is surrendered under subsection (1) becomes, by virtue of that surrender, unalienated Crown land.

Subdivision 3—Other dealings with land

384 Certain other dealings with land in connection with performance of functions

An Authority, for or in connection with, or incidental to, the performance of its functions may—

(a) grant a lease or licence over land; or

(b) obtain a lease or licence over land; or

(c) exchange any land for any other land; or

(d) grant an easement over land; or

(e) sell any land by public auction or public tender; or

(f) in accordance with any guidelines issued by the Minister, sell any land by private treaty.


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385 Power to require creation of certain easements and reserves

(1) This section applies if a proposal for subdivision of land is referred to an Authority under the Planning and Environment Act 1987.

(2) The Authority may require the creation of easements or reserves, or both, for use by the Authority for any of the following—

(a) pipelines or related infrastructure or purposes ancillary to pipelines or related infrastructure;

(b) channels;

(c) carriageways;

(d) waterway management;

(e) drainage.

(3) The creation of an easement or a reserve for a thing or purpose specified in subsection (2) gives the Authority for whose use it is created the rights prescribed in relation to an easement or reserve created for that purpose.

Division 8—Work

Subdivision 1—Work affecting roads, rail and other infrastructure

386 Work on a road

Subject to the Road Management Act 2004, an Authority may—

(a) in relation to a road within the meaning of the Road Management Act 2004, enter any public or private land or road for the purpose of carrying out any work that the Authority is empowered to carry out; and


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(b) temporarily close to traffic the road or any part of it, if it is necessary to do so for the carrying out of work under paragraph (a).

387 Safety duties in relation to work on or in immediate vicinity of rail infrastructure

(1) An Authority, when carrying out any work on or in the immediate vicinity of rail infrastructure, must ensure, so far as is reasonably practicable, that it carries out that work safely.

Penalty: 9000 penalty units.

(2) A works contractor, when carrying out work on or in the immediate vicinity of rail infrastructure, must ensure, so far as is reasonably practicable, that they carry out that work safely.


(3) An offence against subsection (1) or (2) is an indictable offence.

Notes

1 The offence may be heard and determined summarily—see section 28 of the Criminal Procedure Act 2009.

2 Section 816 applies to an offence against subsection (1) or (2).

388 Notification of owners or occupiers of land on which there is rail infrastructure

(1) An Authority, at least 7 days before carrying out work on land on which there is rail infrastructure, must notify the owner or occupier of that land of the Authority's intention to carry out that work if the carrying out of that work will threaten, or is likely to threaten, the safety of that rail infrastructure.


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Penalty: 300 penalty units.


Note


389 Notification of Authorities before railway operations carried out

(1) A rail transport operator, at least 7 days before carrying out railway operations that will threaten, or are likely to threaten, the safety of an Authority's infrastructure, must notify the Authority of the rail transport operator's intention to carry out those operations.



Subdivision 2—Infrastructure of other Authorities or public statutory bodies

390 Definitions

In this Subdivision—

rail body means—

(a) a passenger transport company within the meaning of the Transport (Compliance and Miscellaneous) Act 1983; and

(b) Victorian Rail Track within the meaning of the Transport Integration Act 2010;

utility has the same meaning as in the Road Management Act 2004.

391 Notice of intention to affect infrastructure


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(1) An Authority that intends to do anything that will affect any infrastructure that is owned, controlled or operated by another Authority or a public statutory body or a rail body must give 14 days' notice of that intention to the other Authority, public statutory body or rail body.

(2) Subsection (1) does not apply—

(a) in an emergency; or

(b) if the Authority that intends to do the thing that will affect any infrastructure that is owned, controlled or operated by another Authority or a public statutory body or a rail body obtains the consent of the other Authority or public statutory body or rail body to a shorter period.

392 Notice following emergency

(1) An Authority that does anything that affects any infrastructure that is owned, controlled or operated by another Authority or a public statutory body or a rail body in an emergency must notify the other Authority or public statutory body or rail body that its infrastructure has been affected.

(2) A notice under subsection (1) must be given as soon as possible after the infrastructure is affected.

393 Notice to alter or remove infrastructure

An Authority that intends to do a thing that may affect any infrastructure that is owned, controlled or operated by another Authority, public statutory body, rail body or utility, by written notice, may require the other Authority, public statutory body, rail body or utility to alter or remove the infrastructure in the manner and within the period of time specified in the notice.


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Subdivision 3—Other matters relating to infrastructure

394 Removal of trees or other vegetation

(1) An Authority, by written notice, may require the owner of any land to remove any tree or other vegetation on that land if the Authority decides—

(a) that the tree or vegetation is obstructing or damaging infrastructure owned, controlled or operated by the Authority; or

(b) that the tree or vegetation is likely to obstruct or damage infrastructure owned, controlled or operated by the Authority.


(a) contain the matters set out in section 785 (other than paragraphs (c) and (d) of that section); and

(b) be served on the owner of the land.

(3) An Authority may extend the period within which an owner must comply with the notice.

(4) The owner may object to the Authority within 7 days after being served with a notice under subsection (1).

(5) An Authority must take into account any objection made to it.

395 Authority may act if owner refuses or fails to comply with notice


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(1) This section applies if the owner of the land refuses or fails to comply with a notice under section 394(1) within the initial period.

(2) The Authority, after giving 21 days' notice of its intention to do so, may remove the tree or vegetation.


initial period means—

(a) the period of time specified in a notice under section 394(1); or

Note

Section 785(e) requires the period to be specified in the notice.

(b) any longer period of time allowed by the Authority under section 394(3); or

(c) if the owner has objected under section 394(4), within 14 days after the owner receives notice from the Authority that the objection is not upheld.

396 Authority may recover costs incurred

(1) An Authority may recover from the owner the cost of removing a tree or other vegetation under section 395.

(2) An Authority may also recover from the owner the cost of any repairs to any infrastructure that it owns, controls or operates that are necessary to repair damage caused by a tree or vegetation that is removed, or the removal of a tree or vegetation, after service of a notice under section 394(1).


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(3) Subsection (2) applies whether the tree or vegetation is removed by the owner or the Authority.

(4) An Authority is not entitled to recover any costs under subsection (1) or (2) if the Authority is liable to pay compensation under section 725 for the removal of the tree or vegetation.

397 Authority not liable to pay compensation in certain circumstances

An Authority is not liable to pay compensation under section 725 for the removal of a tree or other vegetation that is planted on land over which an easement is registered, or an access agreement is recorded, under the Transfer of Land Act 1958 in favour of the Authority, on or after that easement is registered or agreement is recorded.

Division 9—Introducing water into certain waterways, infrastructure or natural channels

398 Power to introduce water

An Authority may introduce water into any waterway that crosses land or infrastructure that crosses land.

399 Obligation in connection with introducing water

(1) This section applies if a water corporation with functions under any of the following Divisions of Part 7.5 exercises a power under section 398—

(a) Division 1;

(b) Division 2;

(c) Division 3;


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(d) Division 4;

(e) Division 9.

(2) The water corporation must—

(a) construct and maintain any bridge or other crossing made necessary by the introduction of the water; or

(b) if a bridge or other crossing is not constructed and maintained under paragraph (a) because alternative access is available to the land, pay compensation to the owner of the land.

(3) The obligation of the water corporation to maintain any crossing under subsection (2)(a) ends if any area of land connected by the crossing to any other land ceases to be owned by the person who owns that other land.

Division 10—Water management schemes

400 Functions of the Minister in relation to water management schemes

The Minister has the following functions in relation to water management schemes throughout the State—

(a) to assess or investigate the improved management of waterways, drainage and floodplains;

(b) to prepare and implement schemes for the improved management of waterways, drainage and floodplains.

401 Preparation of draft water management scheme


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The Minister may—

(a) assess or investigate any waterway, drainage system or floodplain; and

(b) prepare a draft water management scheme for that waterway, drainage system or floodplain.

402 Consultation requirements

(1) This section applies if the Minister has prepared a draft water management scheme under section 401.

(2) The Minister must publish in the Government Gazette and in a newspaper circulating generally in the State or in a local newspaper circulating generally in the area concerned, a notice that—

(a) states that the draft scheme has been prepared; and

(b) states where the draft scheme is available for inspection; and

(c) states the nature of the draft scheme and a description of it; and

(d) states whether an advisory committee has been appointed to consider the draft scheme and to make recommendations to the Minister regarding it; andNote

Section 829 provides for the appointment of advisory committees.

(e) if the draft scheme provides for the carrying out of work, invites persons affected by the proposed work to make comments to the committee within 6 weeks after the date of the publication of the notice in the Government Gazette.


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(a) accept the scheme with or without any modifications; or

(b) reject the scheme.

(4) The Minister must publish a notice in the Government Gazette and in a newspaper circulating generally in the State or in a local newspaper circulating generally in the area concerned—

(a) that states whether the scheme has been accepted or rejected; and

(b) if the scheme has been accepted without any modifications, that states that no modifications have been made to the scheme; and

(c) if the scheme has been accepted with modifications, that gives details of those modifications.

403 Approval of water management schemes

(1) The Minister, by order published in the Government Gazette and in a newspaper circulating generally in the State or in a local newspaper circulating generally in the area concerned, may after the specified period—

(a) declare the scheme to be an approved scheme; and

(b) nominate the Authorities or, with its or their agreement, the Council or Councils responsible for implementing the scheme.

(2) After an order under subsection (1) has been published, an Authority or Council nominated in the order must notify—


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(a) the Secretary to the Department of Transport, Planning and Local Infrastructure; and

(b) all responsible authorities under the Planning and Environment Act 1987 that are likely to be affected by the scheme.

(3) A responsible authority referred to in subsection (2)(b) must, in relation to any planning scheme, have regard to the provisions of the approved water management scheme.

(4) Any land that benefits from or is affected by the scheme may be identified in the order as an area for which the Authority may—

(a) in accordance with Part 9.2, impose a charge; or

(b) require contributions from other Authorities or Councils under Division 1 of Part 9.4 to fund the scheme.


specified period means—

(a) at least 6 weeks after the notice required by section 402(4) is published; and

(b) after any applications to VCAT have been determined.

404 Removal or modification of infrastructure

(1) The Authority or Council responsible for implementing a water management scheme approved under section 403 may apply to VCAT for an order with respect to the removal or modification of any infrastructure that—


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(a) causes a flow of water that is not reasonable or that interferes with a reasonable flow; and

(b) is identified in that scheme.

(2) An application under subsection (1) may be made whether or not the Authority or Council owns the land on which the infrastructure is situated.

Division 11—Drainage courses

405 Declaration of drainage courses

(1) Subject to subsection (2), the Minister, by order published in the Government Gazette, may declare any area of land along which water flows (whether continuously or intermittently) to be a drainage course.

(2) The Minister must not make a declaration unless—

(a) an application has been made to the Minister for its making by an Authority or public statutory body (the applicant) that is responsible for any drainage or related functions in the area in which the drainage course is located; and

(b) the applicant has—

(i) published, in the Government Gazette and in a newspaper circulating generally in the State or in a local newspaper circulating generally in the area in which the drainage course is proposed to be located, a notice—

(A) stating the terms of the application; and

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6 weeks after the publication of the notice; and

(ii) sent a copy of the notice to—

(A) any Council in whose municipal district the drainage course is proposed to be located; and

(B) the owner or occupier of any land in the area in which the drainage course is proposed to be located; and

(C) the Minister administering the Conservation, Forests and Lands Act 1987; and

(D) if any part of the drainage course is proposed to be located over a road reserve, the coordinating road authority in relation to that road; and

(c) the Minister has considered any comments received within 6 weeks after the publication of the notice.

(3) A declaration under subsection (1) must—

(a) adequately describe the drainage course; and

(b) specify the Authority or public statutory body having the management and control of the drainage course.

(4) The details of the declaration must also be published in a newspaper circulating generally in the State or in a local newspaper circulating generally in the area in which the drainage course is located.

406 Requirements following declaration


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(a) send a copy of a declaration under section 405 to every Authority or public statutory body that may have an interest in the land or infrastructure on the land declared to be a drainage course; and

(b) notify—

(i) the Secretary to the Department; and

(ii) all responsible authorities under the Planning and Environment Act 1987 that the Minister is of the opinion are likely to be affected by the declaration.

407 Amendment or revocation of declaration

(1) The Minister, by notice published in the Government Gazette, may amend or revoke a declaration under section 405, wholly or in part—

(a) on application by any Authority or public statutory body referred to in section 406(a); and

(b) if the Minister is satisfied that the whole or any part of the area subject to the declaration should no longer be subject to it.


(a) adequately describe the drainage course; and

(b) specify the Authority or public statutory body having the management and control of the drainage course.

(3) The details of the amendment or revocation must also be published in a newspaper circulating generally in the State or in a local


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newspaper circulating generally in the area in which the drainage course is located.

408 Review of declaration or revocation of declaration

(1) Any person who is affected by a declaration under section 405 or an amendment or revocation under section 407, may apply to the Minister for review of the declaration, amendment or revocation.

(2) An application under subsection (1) must be made within one month after the publication of—

(a) the notice of the declaration under section 405; or

(b) the notice of the amendment or revocation of the declaration under section 407.

(3) The Minister must notify the applicant of the decision on the application.

409 Obligations relating to drainage courses

(1) An Authority or public statutory body that has the management and control of a drainage course must act in accordance with a management plan for the drainage course that is approved by the Minister.

(2) A responsible authority referred to in section 406(b), in relation to any planning scheme, must have regard to the particulars of the declaration.

410 Powers of Authority or public statutory body having the management and control of a drainage course

An Authority or public statutory body that has the management and control of a drainage course, by written notice served on the owner or occupier of land in the drainage course, may require the owner or occupier, or with the consent of the Minister, another public statutory body—


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(a) to remove anything obstructing or interfering with the flow of water in the drainage course; or

(b) to carry out any work that is reasonably necessary to control the flow of water in the drainage course; or

(c) to maintain any structure or infrastructure in the drainage course in such a condition so as not to obstruct or interfere with the flow of water in the drainage course.

411 Offences relating to requirements under section 410

(1) A public statutory body must—

(a) comply with a requirement of the kind referred to in section 410(a) or (b) within—

(i) one month after the service of the notice; or

(ii) any longer period that the Authority or public statutory body serving the notice allows; and

(b) comply with a requirement of the kind referred to in section 410(c).


(2) An owner or occupier of land in a drainage course must—

(a) comply with a requirement of the kind referred to in section 410(a) or (b)—

(i) if there has been no application for review under section 831, within one month after the expiry of the time during which the person is entitled to apply,


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or any longer period that the Authority or public statutory body allows; and

(ii) if there has been an unsuccessful application for review under section 831, within one month after the disallowance of the application, or any longer period that the Authority or public statutory body allows; and

(b) comply with a requirement of the kind referred to in section 410(c)—

(i) if there has been no application for review under section 831, from the expiry of the time during which the person is entitled to apply; and

(ii) if there has been an unsuccessful application for review under section 831, from the disallowance of the application.


(3) A person must not (in any manner) interfere with or obstruct the flow of water in a drainage course other than—

(a) in accordance with a requirement made under section 410; or

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control of the drainage course.


(4) Subsections (2) and (3) do not apply to a person who is acting under and in accordance with a levee maintenance permit.

(5) An offence against subsection (1), (2) or (3) is a strict liability offence.


(1) For the purposes of section 411(3)(b), a person may apply to an Authority or public statutory body having the management and control of a drainage course for its consent to the interference or obstruction of the flow of water in the drainage course.Note


(2) The Authority or public statutory body may—



(3) A consent given by an Authority or public statutory body is subject to—





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(4) An Authority or public statutory body, by written notice served on the person to whom the consent is given, may—





(b) takes effect—



413 Power of Authority or public statutory body to enter and remain on drainage course for certain purposes

An Authority or a public statutory body (subject to the expiry of any relevant period referred to in section 411(1) or (2)) may enter, and remain on, the drainage course for the purpose of doing anything that an owner or occupier of land in the drainage course or a public statutory body has refused or failed to do in compliance with a notice under section 410.

414 Recovery of costs or expenses incurred by Authority or public statutory body

An Authority or a public statutory body may recover any costs it incurs in exercising the


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powers conferred on it by section 413 as a debt due from the owner or occupier of the land on which the powers are exercised, or the other public statutory body concerned, in a court of competent jurisdiction.


415 Application for information statement

Any person may apply to an Authority for an information statement in relation to any land that is within a district of the Authority.

Note


416 Issue of information statement

(1) An Authority to which an application is made must issue to the applicant a statement that gives details of the following things in relation to the described land or serviced property arising from the performance of any of the Authority's functions under this or any other Act—

(a) any encumbrance affecting the land, other than—

(i) an encumbrance that would be disclosed by search at the Office of Titles or the Office of the Registrar-General; and

(ii) a matter required to be included in any other statement or certificate under this Act;

(b) any work that is required to be carried out or any matters that are outstanding and in respect of which the Authority has served any notice, made any determination, exercised any discretion or entered into any agreement under this Act;


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(c) any relevant fee or charge imposed by the Authority under Part 9.2 in relation to the property, including any amounts outstanding;

(d) any consent given under section 357, 505 or 779 in respect of the land or serviced property and the details of any conditions to which the consent is subject;

(e) any connection of the property to the Authority's sewerage infrastructure made under section 468 and the details of any requirements under section 471 to which that connection is subject;

(f) any infrastructure of the Authority that is located on the land (other than land affected by an encumbrance that would be disclosed by search at the Office of Titles or the Office of the Registrar-General), in the amount of detail that the Authority considers necessary.

(2) The Authority may also include in the statement any other information concerning the land that the Authority thinks fit.

(3) The statement must be signed by a person who is authorised by the Authority to do so.

417 No liability in respect of statement

The Authority does not incur any liability in respect of any information that it provides, or fails to provide, in good faith under section 416.

418 Notices of disposition

(1) A prescribed person, in relation to the disposition of any serviced property, must give notice—

(a) in a prescribed form containing prescribed particulars; and


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(b) to each Authority that imposes a fee or charge under section 624 in respect of the property; and

(c) within a prescribed period.



419 Plans of Authority's infrastructure

An Authority must make sure that plans of its infrastructure—

(a) are kept up to date; and

(b) show the infrastructure in the amount of detail that the Authority considers necessary.

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PART 7.3—EMERGENCY MANAGEMENT

420 Requirement to make emergency management plan

(1) A water corporation must make a plan that sets out how it proposes to respond to any emergency that could affect the exercise of its powers or the performance of its duties or ordinary functions (an emergency management plan).

(2) In addition, a water corporation must make a plan that sets out how it proposes to perform its role under section 424.

(3) In preparing a plan, the water corporation must have regard to any obligations in a statement of obligations issued by the Minister to the water corporation under section 295 concerning the form of, and the information to be contained in, such a plan.

421 Amendment of plan

A water corporation may amend or revoke and remake an emergency management plan.

422 Effect of plan

The making, amendment or revocation and remaking of an emergency management plan takes effect on a date determined by the water corporation.

423 Review of plan at request of Minister

(1) The Minister, by written notice, may require a water corporation to review an emergency management plan, and if necessary, to amend or remake the plan.

(2) In amending or remaking a plan, the water corporation must have regard to any matter that the Minister directs the water corporation to have regard to.


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424 Role of water corporations under Emergency Management Act 2013

(1) This section applies if a state emergency response plan (within the meaning of the Emergency Management Act 2013) provides that a water corporation is to act as an agency in support of a responsible agency.Note

See Part 5 of the Emergency Management Act 2013.

(2) In the event of an emergency, a water corporation must do anything required under the state emergency response plan that it considers—

(a) it is equipped or skilled to do, having regard to its ordinary functions; and

(b) would not impede its capacity to perform its ordinary functions, having regard to the demands placed on it at the time of the emergency.

(3) This section does not limit section 24(2) of the Emergency Management Act 1986.


emergency has the same meaning as in the Emergency Management Act 2013.

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PART 7.4—RECONFIGURATION PLANS

425 Definitions

In this Part—

direction means a direction issued under section 428;

panel means a panel appointed under section 431.

426 Draft plans for reconfiguration of infrastructure

(1) An Authority with an irrigation district or a water supply district—

(a) may prepare a draft reconfiguration plan; or

(b) if required by a direction, must prepare a draft reconfiguration plan.

(2) An Authority may prepare a draft reconfiguration plan—

(a) on its own behalf; or

(b) in conjunction with another Authority or a Council.

427 Meaning of reconfiguration plans

(1) A reconfiguration plan is a plan about the future capacity of an Authority to provide services to properties within the whole or a part of the district of the Authority.

(2) A reconfiguration plan may include or provide for—

(a) arrangements for the upgrading, downgrading or discontinuation of infrastructure of an Authority by means of which the Authority provides irrigation or other rural water services to properties within the relevant district of the Authority and any associated drainage infrastructure; and


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(b) arrangements as to pricing and management of services provided to properties within the relevant district of the Authority or infrastructure of the Authority.

428 Direction of Minister as to reconfiguration plans

(1) The Minister may issue a direction that applies to reconfiguration plans.

(2) A direction issued under subsection (1) may include all or any of the following—

(a) the circumstances in which an Authority is required to prepare a reconfiguration plan;

(b) the circumstances in which compensation is payable by an Authority for reducing services under a reconfiguration plan;

(c) any processes for the initiation of the preparation of reconfiguration plans;

(d) any processes an Authority preparing a reconfiguration plan must implement before the plan is adopted, including processes as to the identification and discussion of funding and charging options;

(e) whether or not a draft reconfiguration plan, on adoption under section 429, must be approved by the Minister under section 430;

(f) any matters that must be taken into account by an Authority in preparing a reconfiguration plan;

(g) any person to whom a reconfiguration plan or a class of reconfiguration plan must be referred for consideration;

(h) any requirement for advertising of, or consultation about, a reconfiguration plan or class of reconfiguration plan.


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(3) The Minister must publish a direction issued under subsection (1) in the Government Gazette.

429 Adoption of reconfiguration plan by Authority

(1) An Authority may adopt a reconfiguration plan—

(a) on completing preparation and consideration of a draft reconfiguration plan in accordance with this Part; and

(b) after complying with any directions.Note

The directions may include a requirement that on adoption of a plan under subsection (1), the reconfiguration plan must be approved by the Minister under section 430.

(2) An Authority must not adopt a reconfiguration plan under subsection (1) that proposes termination of the whole or part of the services provided by the Authority, unless the Authority has—

(a) notified the owner of each serviced property to which the services that are proposed to be terminated are provided; and

(b) allowed the owner of each such property an opportunity to make written comments to the Authority about the plan; and

(c) considered arrangements to meet any ongoing domestic and stock use requirements for each property.

(3) If a reconfiguration plan does not require the approval of the Minister, the Authority—

(a) may adopt the plan; and


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(b) must publish notice of the adoption of the plan in the Government Gazette.

Note

The Minister may issue a direction to the effect that reconfiguration is subject to Ministerial approval—see section 428(2)(e).

430 Approval of reconfiguration plans

(1) This section applies if a direction requires that a reconfiguration plan that is adopted be approved by the Minister.Note

See section 428(2)(e).

(2) The Minister may approve the plan—

(a) on being satisfied that the Authority has adopted the plan under section 429; and

(b) on being satisfied that the Authority has complied with any applicable direction; and

(c) after considering the report of any panel the Minister has appointed to consider the plan.

(3) Before approving a plan under subsection (2), the Minister may refer the plan to a panel for advice.

431 Appointment of panel

(1) The Minister may appoint a panel of persons to advise the Minister on an adopted reconfiguration plan.Note

Section 828 applies to a panel appointed under this section.

(2) The Minister must make a copy of any report of a panel referred to in subsection (1) publicly available within one month after it is received by the Minister.


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432 Notification of plan

On approving a reconfiguration plan under section 430, the Minister must publish notice of the adoption and approval of the plan to be published in the Government Gazette.

433 Termination of services to properties consequent on plans for reconfiguration

(1) An Authority, by written notice, may declare serviced properties on any land in any part of its district to cease to be serviced properties for the purposes of this Act.

(2) An Authority must not make a declaration under subsection (1) unless a reconfiguration plan adopted under section 429, and if the case so requires, approved under section 430, includes a proposal to make such a declaration.

(3) On making a declaration under subsection (1), the Authority must serve written notice on the owner of each serviced property in the part of the district to which the declaration relates—

(a) of the making of the declaration; and

(b) of the day on which the declaration takes effect.

(4) The day referred to in subsection (3)(b) must be more than 12 months after the day on which the Authority makes the declaration.

434 Plans by agreement

Nothing in this Part prevents an Authority from reconfiguring infrastructure of the Authority that enables the provision of services to a serviced


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property with the agreement of the owner of the property.

435 Compensation for loss of services on declaration of cessation

(1) An Authority is liable to compensate any person who is the owner of a property in the district of the Authority that has ceased to be a serviced property by the operation of a declaration under section 433 if the owner, as a direct, natural and reasonable consequence of the property ceasing to be a serviced property—

(a) has sustained any pecuniary loss; or

(b) has incurred any expense.

(2) For the purposes of subsection (1), a direct, natural and reasonable consequence of the property ceasing to be a serviced property does not include the lost opportunity of the transfer of the service to another property.

(3) An Authority is not liable to compensate the owner of a property under subsection (1) for consequential loss.

(4) Any claim for compensation under this section must be made and dealt with in accordance with the Land Acquisition and Compensation Act 1986 as if it were a claim under Part 5 of that Act.

436 Consistency with Constitution Act 1975

To avoid doubt, nothing in this Division empowers an Authority to adopt a reconfiguration plan that includes anything inconsistent with Part VII of the Constitution Act 1975.

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PART 7.5—SPECIFIC FUNCTIONS AND POWERS

Division 1—Water supply services

437 Application

This Division applies to a water corporation that has a water supply district.

438 Functions under this Division

A water corporation has the following functions—

(a) to supply water to any serviced property or any person;

(b) to provide any other service that is related to the supply of water.

Division 2—Water delivery and irrigation services

439 Definition

In this Division—

serviced property means land in respect of which a declaration under section 354(1)(c)(i) has been made by the water corporation in whose irrigation district the property is situated.

440 Application

This Division applies to a water corporation that has an irrigation district.



(a) to deliver water to any land for any purpose;

(b) to provide, manage, operate and maintain systems for the appropriate drainage and protection of lands in connection with the performance of a function under paragraph (a);


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(c) to develop, implement and manage programs that provide for improved irrigation practices, improved drainage practices and improved salinity mitigation practices.

442 Duties under this Division

(1) A water corporation must provide the service of delivering water to the owner or occupier (if the occupier is not the owner) of each serviced property in its irrigation district for the purpose of irrigation and for stock and domestic use.

(2) Nothing in this Act entitles a person to a service under subsection (1) other than during an irrigation period.

443 Power to fix irrigation period

A water corporation, by notice published in a newspaper circulating generally in the State or in a local newspaper circulating generally in the area concerned, may fix an irrigation period for the purposes of section 442(2).

444 Water corporation to determine amounts and periods of delivery

(1) A water corporation, when commencing the service of delivering water under section 442, must determine the amounts of water to be delivered and the periods for which the water is to be delivered to that serviced property (a delivery determination).

(2) A delivery determination—

(a) must be in writing; and

(b) must be made in the manner set out in a conditions determination of the water corporation.


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445 Amendment of delivery determinations on application of owner of serviced property

(1) An owner of a serviced property may apply to the water corporation for amendment of a delivery determination that applies to the owner's property.Note


(2) On receiving an application under subsection (1), a water corporation may amend or refuse to amend a delivery determination that applies to that property.

(3) A water corporation may amend a delivery determination under subsection (2) by amending either or both—

(a) the amounts of water to be delivered to that property;

(b) the periods for which water is to be delivered to that property.

(4) A water corporation must not act under subsection (2) unless the water corporation is satisfied that the applicant has given at least 30 days' written notice to any person who has a registered mortgage (under the Transfer of Land Act 1958) over the property.

(5) A water corporation may refuse to amend a delivery determination so as to reduce the level of service to a property unless the owner pays to the water corporation an amount determined by the water corporation.

(6) In amending a determination under this section, the water corporation must have regard to any matters set out in any conditions determination of the water corporation.


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446 Amendment of delivery determinations on initiative of water corporation

(1) A water corporation, on its initiative, may amend a delivery determination by amending either or both—

(a) the amounts of water to be delivered to a serviced property;

(b) the periods for which water is to be delivered to a serviced property.

(2) A water corporation may amend a delivery determination under subsection (1) in respect of one or more properties to which the determination applies. However, if the amendment applies to more than one property, it must apply to each of the properties equally.

(3) Before acting under subsection (1), the water corporation must give at least 30 days' written notice to any person who has a registered mortgage (under the Transfer of Land Act 1958) over the property.

(4) In amending a determination under this section, the water corporation—

(a) must have regard to any matters set out in any conditions determination of the water corporation; and

(b) must make the amendment in the form and manner and in accordance with the process (if any) set out in any conditions determination of the water corporation.

447 Determination to transfer amounts or periods

(1) The owners of 2 parcels of land in an irrigation district of a water corporation may apply to the water corporation for the transfer to one of the parcels the whole or part of—


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(a) the amounts of water to be delivered to the other parcel; or

(b) the periods for which water is to be delivered to the other parcel; or

(c) both the amounts, and the periods for which, water is to be delivered to the other parcel.

Note


(2) An application under subsection (1) may be for a transfer that is—

(a) permanent; or

(b) for the period specified in the application.

(3) On receiving an application under subsection (1), the water corporation may approve or refuse the application.

(4) A water corporation must not act under subsection (3) unless the water corporation is satisfied that each applicant has given at least 30 days' written notice to any person who has a registered mortgage (under the Transfer of Land Act 1958) over the parcel of land owned by the applicant.

(5) In deciding whether to approve or refuse an application under subsection (1), the water corporation must have regard to any matters set out in any conditions determination of the water corporation.

(6) If the water corporation refuses an application under subsection (1), the water corporation must give the applicants reasons for that refusal.

(7) On approving an application under subsection (1), any delivery determination that relates to either parcel of land is taken to have effect in accordance with the transfer of the amounts and periods.


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(8) For the purposes of a transfer under subsection (1), the water corporation may, if a delivery determination ceases to apply to a parcel of land, declare that the land ceases to be a serviced property.

448 Water corporation may determine conditions for the service of delivering water

(1) A water corporation may determine—

(a) the conditions on which it provides a service under section 442(1); and

(b) any conditions required to be determined for the purposes of section 444, 445, 446 or 447.

(2) A determination under subsection (1) must be—

(a) made publicly available; or(b) published on its internet site.

(3) The conditions specified in the determination may deal with any or all of the following matters—

(a) conditions that apply to the taking of delivery of water by an owner or occupier of a serviced property;Example

A condition as to the time or rate of delivery.

(b) rules for restricting delivery as a result of insufficient capacity in the infrastructure of the water corporation;

(c) the circumstances in which an approval to an amendment under section 445(1) is conditional on the payment of an amount under section 445(5);


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(d) the circumstances in which the water corporation will agree with an owner to provide a different level of service to a serviced property;

(e) the circumstances in which the water corporation will act under section 445, 446 or 447;

(f) the circumstances in which a declaration that a property is no longer a serviced property is conditional on the payment of an amount under section 451(6);

(g) matters to be taken into account in determining the amount to be payable under sections 445(5) and 451(6);

(h) methods by which disputes as to the interpretation or operation of the determination may be settled;

(i) any other matter or thing that is, in the opinion of the water corporation, necessary for the service to be delivered.

449 Offence to fail to comply with conditions of delivery

(1) The owner or occupier (if the occupier is not the owner) of a serviced property must comply with any condition relating to the taking of delivery of water that applies to the delivery of water to that property.




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The Minister, by order published in the Government Gazette, may give directions to water corporations on any matter about which a condition may be specified under section 448(3).

451 Declaration that a serviced property ceases to be a serviced property

(1) An owner of a serviced property in an irrigation district may apply to the water corporation in whose district the property is located for a declaration under subsection (2).Note


(2) On receiving an application under subsection (1), the water corporation, by written notice, may declare the serviced property to which the application relates to cease to be a serviced property for the purpose of delivering water.

(3) A water corporation must refuse an application under subsection (1) if the consent of any person who has a registered mortgage (under the Transfer of Land Act 1958) over the property has not been obtained to the application.

(4) A notice under subsection (2) must be served on the owner of the property.

(5) The notice must—


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(a) specify the serviced property to which it applies; and

(b) fix a date on and after which the land must be taken not to be a serviced property for the purposes of this Act.

(6) A water corporation may refuse to make a declaration under this section unless the owner of the property pays to the water corporation an amount determined by the water corporation.

(7) This section does not affect the power of a water corporation to make a declaration under section 354 or 447(8).

Division 3—Bulk water supply services

452 Application

This Division applies to a water corporation declared by the Minister (by order published in the Government Gazette) to be a water corporation to which this Division applies.


A water corporation has the function of supplying water to the following—

(a) the holder of a bulk entitlement to water in the water corporation's infrastructure;

(b) another water corporation;

(c) any other person or class of person prescribed for the purposes of this section.

Division 4—Water infrastructure

454 Application


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This Division applies to—

(a) a water corporation to which Division 1, 2 or 3 applies; and

(b) a water corporation declared by the Minister (by order published in the Government Gazette) to be a water corporation to which this Division applies.


(1) A water corporation has the following functions—

(a) to provide, manage or operate and maintain infrastructure and related systems—

(i) for the storage of water; and

(ii) for the treatment, transfer, distribution, supply and delivery of water;

(b) to develop and implement programs for—

(i) the conservation and efficient use of water; and

(ii) to improve the reliability and quality of water;

(c) to perform any function related to a water system that is conferred on the water corporation by a water resource management order.

(2) In performing functions under this Division, a water corporation must—

(a) have regard to—

(i) paragraph (b) of the core considerations; and

(ii) the need to protect the reliability and quality of water supply; and

(iii) subject to water supply needs—


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(A) minimising the adverse impact on the environment in performing any such function; and

(B) maximising the benefit to the environment in performing any such function; and

(b) comply with any requirement under a bulk entitlement or a water resource management order.

456 Supply of water by agreement

(1) Subject to this Act, a water corporation may agree to supply water from its infrastructure.

(2) In deciding whether to enter into an agreement to supply water, a water corporation must have regard to—


(b) any other matter that the water corporation thinks fit.

457 Offence to use water in contravention of agreement as to purpose of supply

(1) A person who receives a supply of water for a purpose under a written agreement with a water corporation must not use the water for a different purpose.



Note


458 Fire plugs and free water

(1) A Council may require a water corporation that has a water supply district situated


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wholly or partly within the Council's municipal district to fix fire plugs to any infrastructure of the water corporation within the water supply district in suitable locations for the supply of water for the purposes of—

(a) fire-fighting; or

(b) cleaning drains.

(2) A Council must meet the costs of providing, installing, marking and maintaining all fire plugs that the Council requires to be installed in its municipal district under subsection (1).

(3) A water corporation may provide, install, mark and maintain any additional fire plugs—

(a) that it thinks necessary, at its own cost; or

(b) that are requested by a landowner, at that landowner's cost.

(4) A water corporation must—

(a) keep all fire plugs in its water supply district in working order; and

(b) provide conspicuous markers for fire plugs supplied by it; and

(c) make sure that at all times water is available from fire plugs in its water supply district for the purposes of—

(i) fire-fighting; and

(ii) cleaning drains.

(5) Subsection (4)(a) does not require a water corporation to make sure that water pressure is adequate for fire-fighting.


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(6) Subsection (4)(c)(ii) does not apply if the water is unavailable due to a shortage of water or another unavoidable cause, or due to repairs.

459 Immediate action for water supply protection

A water corporation, immediately and without notice, may remove any substance or thing that, in the water corporation's opinion, is likely to adversely affect the quality of water in the water corporation's infrastructure and related systems from—

(a) any land that is adjacent to any waterway or the water corporation's infrastructure and related systems; or

(b) any water that is in or adjacent to any waterway or the water corporation's infrastructure and related systems.

460 Notice for water supply protection

(1) This section applies if a water corporation is of the opinion that the carrying out by a person of an activity, or the presence of a substance or thing, on land owned or occupied by the person is likely to adversely affect the quality of water in the water corporation's infrastructure and related systems.

(2) Subject to subsection (3), a water corporation, by written notice served on the person, may


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require the person to stop the activity or to remove the substance or thing from the land.

(3) A notice under subsection (2) may not require the stopping of any activity or the removal of any substance or thing if the carrying out of the activity or the presence of the substance or thing is specifically authorised by or under this or any other Act.

(4) A notice under subsection (2) must specify—

(a) the period of time that the person has to comply with the notice, not being less than 14 days after the date on which the notice is served on the person; and

(b) the consequences of not complying with the notice.

(5) An owner on whom a notice under subsection (2) is served must comply with it within the period of time specified in it, or any longer period of time allowed by the water corporation.



(7) If a notice under subsection (2) is not complied with as set out in subsection (5), the water corporation may remove any substance or thing required to be removed by the notice.

(8) A water corporation may recover its reasonable costs of doing anything under subsection (7) from the person on whom the notice was served.


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461 Water supply catchment areas

(1) A water corporation may recommend to the Minister that—

(a) certain land should be declared a water supply catchment area; or

(b) a declaration of a water supply catchment area should be revoked or amended.

(2) On receiving a recommendation, the Minister may accept or reject it.

(3) In making a decision under subsection (2), the Minister must have regard to how the existing or potential use of the area may adversely affect—

(a) the quality and condition of land; or

(b) water quality or water ecosystems; or

(c) aquifer recharge areas or aquifer discharge areas.

(4) If the Minister decides to accept the water corporation's recommendation, the Minister may recommend that the Governor in Council make an order under this section.

(5) On the Minister's recommendation under subsection (4) the Governor in Council, by order published in the Government Gazette, may—

(a) declare land to be a water supply catchment area; or

(b) revoke or amend a declaration of a water supply catchment area.

462 Water supply catchment area plans

(1) A water corporation may prepare a plan setting out how it will deal with specific land


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management issues in a water supply catchment area (a water supply catchment area plan).

(2) Subject to subsection (3), a water corporation must submit any water supply catchment area plan to the Minister for approval.

(3) Before submitting a water supply catchment area plan to the Minister for approval, the water corporation must consult with any person or public statutory body who the water corporation considers may be affected by the plan.

(4) On receiving a water supply catchment area plan for approval, the Minister may approve or refuse to approve the plan.

(5) The Minister must publish notice of the approval of a water supply catchment area plan in the Government Gazette.

(6) A water supply catchment area plan takes effect—

(a) on the day a notice under subsection (5) is published; or

(b) if the notice specifies a later day, on that day.

463 Contents of water supply catchment area plans

(1) A water supply catchment area plan must—

(a) identify the land management issues to be dealt with in the plan; and

(b) state the policy to be applied, and the program of action to be taken, to protect the water supply catchment area; and

(c) allocate responsibility for the implementation of the policy and the giving effect to the plan; and

(d) provide for the review of the plan.

(2) A water supply catchment area plan may—


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(a) identify what land in the area may be used for what purpose; and

(b) identify the need for land use conditions.(3) If a water supply catchment area plan identifies a

need for land use conditions it must—(a) give a general description of the properties to

which they are to apply; and(b) state the general nature of those conditions.

464 Status of plan

A water corporation that prepares a water supply catchment area plan may recommend to a planning authority under the Planning and Environment Act 1987 amendments to a planning scheme to give effect to that plan.

465 Land managers to take water supply catchment area plan into account

(1) In performing a function involving land management on behalf of the Crown or under an Act, a Minister or public statutory body must take into account any water supply catchment area plan applying to the land.

(2) Subsection (1) is in addition to, and does not take away from, any other duty or power of the Minister or public statutory body to take matters into account.

(3) This section does not require a Minister or public statutory body to implement a water supply


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catchment area plan.

Division 5—Sewerage services

466 Application

This Division applies to a water corporation that has a sewerage district.


A water corporation has the function to provide to any serviced property or to any person, the service of collecting, conveying, treating, disposing of or recycling sewage and, if the water corporation so decides, trade waste.

468 Notice to connect to a water corporation's sewerage infrastructure

(1) A water corporation, by written notice, may direct—

(a) an owner of a serviced property to connect the property to the water corporation's sewerage infrastructure; or

(b) owners of a group of serviced properties to connect the properties by a combined connection to the water corporation's sewerage infrastructure; or

(c) an owner of a serviced property that forms part of a group of serviced properties to connect the property to an existing connection, or to an existing combined connection, to the water corporation's sewerage infrastructure.



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(a) specify the period of time within which an owner must comply with the notice; and

(b) be served on each owner.

(3) A water corporation must not direct an owner of a serviced property to connect to its sewerage infrastructure unless—

(a) the water corporation has first consulted with—

(i) the Environment Protection Authority; and

(ii) the Secretary to the Department of Health; and

(b) the water corporation is of the opinion that the connection is necessary to avoid an adverse impact on public health or the environment.

(4) A water corporation may extend the period of time within which an owner must comply with a notice.

469 Owner must comply with notice

(1) An owner of a serviced property on whom a notice under section 468 is served must comply with the notice within—

(a) the period of time specified in it; or

(b) any longer period of time allowed by the water corporation under section 468(4).



470 Water corporation may act if owner does not comply


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(1) This section applies if an owner on whom a notice under section 468 is served does not comply with the notice within—

(a) the period of time specified in it; or

(b) any longer period of time allowed by the water corporation under section 468(4).

(2) The water corporation may—

(a) do the things the owner is required by the notice to do; and

(b) recover from the owner its reasonable costs of doing so.

(3) The water corporation, in recovering its reasonable costs of doing things it required owners of a group of a serviced properties to do, may apportion the costs between the owners.

471 Requirements of connection

(1) A connection to a water corporation's sewerage infrastructure under section 468(1) is subject to—

(a) any prescribed requirement; and

(b) any requirement the water corporation determines that relates to a prescribed class of requirement specified in the notice under section 468(1); and

(c) any other requirement the water corporation thinks fit specified in the notice under section 468(1) (which must not be inconsistent with any prescribed requirement).

(2) Requirements to which a connection is subject are binding on the successors in title of the owner or owners of the land on


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whom the notice under section 468(1) is served.

(3) A water corporation, by written notice served on the owner or owners of the serviced property, may—

(a) impose an additional requirement of a kind referred to in subsection (1)(b); or

(b) amend or remove a requirement of a kind referred to in subsection (1)(b) or (c).

(4) A requirement that is imposed, or any amendment or removal of a requirement, under subsection (3)—

(a) must not be inconsistent with any prescribed requirement; and

(b) takes effect—



472 Requirements of connection must be complied with

(1) A specified person must comply with any requirement to which a connection under section 468 is subject.





(a) a person on whom a notice under section 468(1) is served; or

(b) an owner of a serviced property—


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(i) on which infrastructure is located to which a notice under section 468 relates; and

(ii) who has been given notice of the requirements to which that connection is subject.

Notes

1 An information statement issued under section 416 must set out the details of any requirements to which a connection under section 468 is subject.

2 Section 816 applies to an offence against subsection (1).

473 Water corporation may determine kind, amount and concentration of trade waste for the purposes of section 360

(1) A water corporation may determine the following for the purposes of section 360(2)(c)—

(a) the kind, amount and concentration of trade waste that may be discharged into its sewerage infrastructure; and

(b) the conditions to which that discharge is subject.

(2) A determination under subsection (1) must be—

(a) made publicly available; and

(b) published on its internet site.

474 Application for consent to the discharge of trade waste

A person may apply to a water corporation for its consent to the discharge of trade waste into its sewerage infrastructure.

Note


475 Determination of application for consent to the discharge of trade waste


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(1) On receiving an application under section 474, the water corporation may—



(2) A consent given by a water corporation is subject to—


(b) any other condition the water corporation thinks fit specified in the consent (which must not be inconsistent with any prescribed condition).

(3) Without limiting subsection (2)(b), an additional condition may be that the applicant enter into a written trade waste agreement with the water corporation and that any discharge of trade waste into its sewerage infrastructure must be made in accordance with that agreement.

(4) Without limiting the matters that conditions of a consent or a trade waste agreement may deal with, it may include requirements relating to the following—

(a) the concentrations of trade waste that may be discharged;

(b) the rate at which discharges may be made;

(c) the temperature at which trade waste may be discharged;

(d) the monitoring of discharges;

(e) the notification to the water corporation of any change in an industrial, commercial or other process that results in the production of trade waste;

(f) the funding of specified alterations to the treatment plant.


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(5) A consent to discharge trade waste only relates to the type of trade waste specified in—

(a) the consent; or

(b) any trade waste agreement entered into in accordance with the consent.

476 Amendment or revocation of consent to discharge trade waste

(1) A water corporation may amend a consent given under section 475 by amending or removing any of the conditions to which it is subject or imposing a new condition.

(2) The water corporation must give at least one month's written notice of an amendment to the holder of the consent and must specify in the notice the reasons for the amendment and that the holder may object to it in the manner specified in the notice within 28 days after receiving it.

(3) A water corporation may revoke a consent if the holder notifies it of their objection to an amendment notified under subsection (2).

(4) A water corporation may also revoke a consent or a trade waste agreement entered into in accordance with a consent if it reasonably believes that a material breach of it or of any condition to which it is subject has occurred.

477 Breach of certain conditions of consent to discharge trade waste

(1) A person must not cause or permit trade waste to be discharged into the sewerage infrastructure of a water corporation in contravention of a condition of a consent given under section 475.



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(2) A person must not cause or permit trade waste to be discharged into the sewerage infrastructure of a water corporation in contravention of a condition of a trade waste agreement entered into in accordance with a consent relating to—

(a) the amount of trade waste discharged; or

(b) the concentration of the type of trade waste discharged; or

(c) the flow rate at which trade waste is discharged; or

(d) the temperature of trade waste discharged; or

(e) the notification to the water corporation of any change in an industrial, commercial or other process that results in the production of trade waste; or

(f) any other prescribed condition of a consent or trade waste agreement.


(3) An offence against subsection (1) and (2) is a strict liability offence.

(4) This section does not limit section 360.Note

Section 816 applies to an offence against subsection (1) and (2).

478 Powers in relation to land from which trade waste is discharged

(1) Sections 742(1), (2)(a)(i)(C) and (D), (2)(b)(i), (3)(b)(ii) and (iii) and (4) and 743 apply to an officer (within the meaning of Part 12.2) as if a reference in those sections to an authorised water officer were a reference to an officer.


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(2) In addition, an officer who enters land or a building under section 742 may require a person specified in subsection (3) to supply any information relating to—

(a) any trade waste that is discharged or to be discharged into the water corporation's sewerage infrastructure from that land; or

(b) any matter used or produced in a process involving trade waste on that land.

(3) For the purposes of subsection (2) the following persons are specified—

(a) a person who is the holder of a consent given under section 475;

(b) a person who is discharging trade waste from that land under a determination under section 473;

(c) a person who is employed or engaged by a person referred to in paragraph (a) or (b).

(4) Sections 729, 732 and 733 apply to an officer who enters land for the purposes of this section.

(5) A person who has information of a kind referred to in subsection (2)(a) or (b) must supply that information if required to do so under that subsection.



479 Restriction on disclosure or use of certain information

(1) An officer must not disclose any information supplied to the officer under section 478(2)(a) or (b) unless the disclosure is made—


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(a) to the water corporation or an employee of that corporation; or

(b) to another water corporation or an employee of another water corporation; or

(c) for the purposes of any legal proceeding; or

(d) with the consent of the person who supplied the information.



(3) Information obtained as a direct or indirect consequence of a natural person's compliance with a requirement made of the person under section 478(2)(a) or (b) is not admissible as evidence against that person in any civil or criminal proceeding other than a proceeding under section 783.

480 Power to disconnect in certain circumstances

A water corporation may disconnect a connection that is used to discharge trade waste into the water corporation's sewerage infrastructure—

(a) during an emergency; or

(b) during a period where there is a threat of damage to any infrastructure or related system used by the water corporation for collecting, conveying, treating, disposing of or recycling sewage or trade waste; or

(c) during a period where the discharge of trade waste into the water corporation's sewerage infrastructure may cause the water corporation to breach a licence issued under section 20 of the Environment Protection Act 1970 that the water corporation holds for


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the reprocessing, treatment, storage, containment, disposal or handling of waste.

481 Septic tank system permit applications


(a) a Council or the Environment Protection Authority receives an application for a permit for a septic tank system in respect of land within a water corporation's sewerage district; and

(b) the water corporation has lodged with the Council or the Environment Protection Authority (as the case may be) a standing written request for the referral of applications of that kind.

(2) The Council or the Environment Protection Authority must forward a copy of the application to the water corporation.

(3) The water corporation must, within 21 days after the copy of the application is forwarded to it, notify the Council or the Environment Protection Authority (as the case requires) of—

(a) the location of the sewer nearest to the land; and

(b) the availability of infrastructure to service the land; and

(c) any requirements with which the Council or the Environment Protection Authority must comply.

(4) The Council and the Environment Protection Authority must comply with any requirement of the water corporation notified to it under subsection (3)(c).


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(5) The Council or the Environment Protection Authority must not make a decision on an application within 21 days after the copy is forwarded to the water corporation.

482 Powers in relation to septic tank systems

(1) A water corporation may inspect and test existing septic tank systems within its sewerage district.

(2) A water corporation, by written notice served on the owner of land within its sewerage district and on which there is a septic tank system, may require the owner to carry out to that system any repairs or maintenance specified in the notice within the period of time specified in the notice.

(3) The carrying out of any repairs or maintenance required by a water corporation under subsection (2) does not relieve the owner from the duty to comply with the Environment Protection Act 1970 and the Public Health and Wellbeing Act 2008.

(4) If a septic tank system is on land owned by more than one person, a notice under subsection (2) may be served on any or all of the owners of that land.

(5) Section 364 applies to a notice under subsection (2) as if it were a notice under that section.

(6) If a notice under subsection (2) is not complied with within the period of time specified in it or any longer period of time allowed by the water corporation, the water corporation may—


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(a) carry out the repairs or maintenance specified in the notice; and

(b) recover its reasonable costs from the owner (other than any costs that are prescribed to be the responsibility of the water corporation).

Division 6—Bulk sewerage services

483 Application

This Division applies to a water corporation declared by the Minister (by order published in the Government Gazette) to be a water corporation to which this Division applies.



(a) to provide to the following, the service of collecting, conveying, treating, disposing or recycling of, sewage and, if the water corporation so decides, trade waste—

(i) a water corporation with a sewerage district;

(ii) any other person or class of person prescribed for the purposes of this paragraph;

(b) to accept, store, treat and dispose of biosolids or other by-products of any treatment covered by paragraph (a).

Division 7—Sewerage infrastructure

485 Application

This Division applies to—

(a) a water corporation to which Division 5 or 6 applies; and

(b) a water corporation declared by the Minister (by order published in the Government


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Gazette) to be a water corporation to which this Division applies.



(a) to provide, manage or operate and maintain infrastructure and related systems that are used for the collection, conveyance, treatment, disposal or recycling of sewage and, if the water corporation so decides, trade waste;

(b) to provide, manage, operate and maintain infrastructure that is used for the recycling and supply of—

(i) treated and untreated sewage and trade waste; and

(ii) by-product of any treated sewage and trade waste.

487 Construction of sewers

(1) Subject to subsection (4), at least 14 days before starting construction or installation of any sewer, a water corporation must—

(a) serve a notice on each owner and occupier of land that will be affected by the proposed construction or installation; and

(b) publish a notice in a newspaper circulating generally in the State or in a local


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newspaper circulating generally in the area concerned.


(a) include a statement of the water corporation's intention to construct or install the sewer; and

(b) specify where and when a copy of the plan for its construction or installation may be inspected; and

(c) invite comments on the proposal; and

(d) state that comments may be made within 14 days after publication.

(3) A person who objects to the proposed construction or installation may (within 14 days after the date of publication of the notice) make a comment to the water corporation.

(4) A water corporation must consider any comment it receives under subsection (3) before starting the construction or installation.

(5) A water corporation may start the construction or installation of the sewer—

(a) after considering any comments; or

(b) if no comments are received, the day after the closing date for comments.

(6) If the water corporation has the consent in writing of each owner and occupier who will be affected by the construction or installation of a sewer, it may construct or install the sewer without following the procedure specified in subsections (1) to (5).Note


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Entry to land for the purposes of subsection (6) must be in accordance with Part 12.2.

488 Compensation not payable in certain cases

(1) This section applies to land—

(a) that is subdivided in such a way that the allotments abut each other—

(i) back to back; or

(ii) side to side; or

(iii) side to back; or

(iv) without any right of way between them; and

(b) in relation to which the sewer is underground and within 2 metres from the boundary of an allotment.

(2) Despite anything to the contrary in this Act, a water corporation is not liable to pay compensation for damage caused in the course of constructing or installing infrastructure to provide a sewer that the water corporation decides is necessary for the proper sewerage of allotments of land.

(3) Subsection (2) does not apply if—

(a) the damage is damage to a building; and

(b) the damage is not repaired by the water corporation.

Division 8—Waterway management, regional drainage and floodplain management

489 Application

This Division applies to an Authority that has a waterway management district.



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An Authority has the following functions—

(a) to develop and implement plans and programs, and to carry out work and activities—

(i) to protect and improve the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality, and the other values that depend on the health of water ecosystems;

(ii) to take or use held environmental water or exercise rights in respect of such water;

(iii) to otherwise contribute to the management of environmental water or any other water that contributes to the preservation of the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality;

(b) to develop and implement plans and take any action necessary to minimise flooding and flood damage;

(c) to control developments, or proposed developments, on land adjacent to waterways that may be subject to flooding;

(d) to provide advice about flooding and related controls on development;

(e) to provide, manage, operate, protect and maintain drainage systems.

491 Performance of function under this Division not to be inconsistent with bulk entitlement

(1) An Authority must not perform its functions under this Division in a manner that is inconsistent with


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—

(a) any bulk entitlement; and

(b) any applicable water resource management order.

(2) Any purported exercise in such a manner is, to the extent of the inconsistency, of no effect.

492 Statements of obligations of catchment management authorities with waterway management districts


(a) issue a statement of obligations to a catchment management authority specifying obligations that the authority has in performing its functions or exercising its powers under this Division; or

(b) amend or revoke a statement of obligations after complying with subsection (5).

(2) The Minister must not issue, amend or revoke a statement under subsection (1), unless the Minister has first consulted with the Minister administering Part 4 of the Catchment and Land Protection Act 1994.

(3) A statement of obligations may include provisions relating to—

(a) standards for the performance of any such functions; and

(b) requirements for community consultation in performing any such functions; and

(c) the management of environmental water.(4) A catchment management authority must comply

with a statement of obligations that applies


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to it.(5) The Minister must not amend a statement of

obligations unless the Minister has—

(a) given the catchment management authority written notice of the proposed amendment or revocation; and

(b) considered any written comment made by it in response to the notice.

(6) The Minister must publish notice of the following in the Government Gazette—

(a) the issue of a statement of obligations to a catchment management authority;

(b) the amendment or revocation of a statement of obligations.

493 Requirement to prepare a regional waterway strategy

(1) For the purposes of performing a function under section 490(a), an Authority must—

(a) prepare a regional waterway strategy for its waterway management district; and

(b) submit it to the environment Minister and the Minister administering this Act for approval under section 496.

(2) At any time before a regional waterway strategy is approved, the environment Minister or the Minister administering this Act may direct the Authority in writing to amend the regional waterway strategy as the Minister thinks fit.

494 What must a regional waterway strategy include?

A regional waterway strategy must include the following information in respect of the waterway


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management district to which the strategy relates—

(a) plans and priorities for performing the Authority's functions;

(b) a program of actions for implementing those plans and priorities;

(c) any other information required to be included by any relevant rules made under section 499.

495 Preparation of a regional waterway strategy

In preparing a regional waterway strategy, an Authority—

(a) must have regard to—

(i) any relevant strategy, statement of policy or plan prepared under—

(A) this Act; and

(B) the Catchment and Land Protection Act 1994; and

(C) the Flora and Fauna Guarantee Act 1988; and

(D) the Heritage Rivers Act 1992; and

(E) the Planning and Environment Act 1987; and

(F) the Environment Protection Act 1970; and

(ii) any other strategy, statement of policy or plan specified by the environment Minister and the Minister administering this Act; and


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(b) must comply with any procedural or consultative requirements under any relevant rules made under section 499; and

(c) must have regard to the environmental, economic, social and cultural values of waterways within its waterway management district.

496 Approval of a regional waterway strategy

The environment Minister and the Minister administering this Act may jointly approve a regional waterway strategy submitted under section 493 and notify the Authority in writing of their decision.

497 Amendment of regional waterway strategies during operation of strategy

(1) A regional waterway strategy may be amended after it has been approved under section 496—

(a) at the direction of the environment Minister and the Minister administering this Act; or

(b) on the Authority's initiative.

(2) Before amending a regional waterway strategy under subsection (1)(b), an Authority must—

(a) comply with any procedural or consultative requirements under any relevant rules made under section 499; and

(b) submit the proposed amendment to the environment Minister and the Minister administering this Act.

(3) The environment Minister and the Minister administering this Act must—

(a) decide whether or not to agree to the proposed amendment within 60 days after


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any consultation requirements referred to in subsection (2) have been complied with; and

(b) give written notice to the Authority of their decision.

498 Requirement to prepare seasonal watering proposal

(1) An Authority must prepare, for each water season, seasonal proposals for—

(a) the taking or use of held environmental water within its waterway management district; or

(b) any other exercise of rights in relation to held environmental water within its waterway management district.

(2) A proposal prepared under subsection (1) must—

(a) be consistent with the Authority's regional waterway strategy approved under section 496; and

(b) consider the availability of—

(i) planned environmental water; and

(ii) any other water that contributes to the preservation of the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality; and

(c) comply with any procedural or consultative requirements under any relevant rules made under section 499.

499 Ministerial rules for regional waterway strategies and seasonal proposals


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(1) The environment Minister, by order published in the Government Gazette, may make rules for or with respect to the following—

(a) procedural and consultative requirements relating to the preparation of regional waterway strategies under section 495;

(b) matters that must be included in regional waterway strategies prepared under section 495;

(c) requirements as to the public availability of regional waterway strategies approved under section 496;

(d) procedural and consultative requirements related to the preparation of seasonal watering proposals under section 498.

(2) An order published under subsection (1) must specify the place at which a copy of the Ministerial rules may be inspected.

(3) The environment Minister must not make or amend any rules unless the Minister has—

(a) given Authorities that have waterway management districts written notice of the proposed rule or amendment; and

(b) considered any written comment made by an Authority in response to that notice.

500 Declarations of flood levels and building lines

(1) An Authority, by notice published in the Government Gazette, may declare any of the following—

(a) a flood level in relation to a specified area;

(b) a building line in relation to either side of a waterway or of designated land or infrastructure.


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(2) Before making a declaration, an Authority must publish a notice of its intention to make a declaration under subsection (1) in a newspaper circulating generally in the State or in a local newspaper circulating generally in the area concerned.

(3) A notice under subsection (2) must state that any person, within 6 weeks after the date of notice, may make a comment to the Authority.

(4) Before making a declaration, an Authority must consider any comment received under subsection (3).

501 Adoption of flood level

(1) In making a declaration under section 500(1), an Authority may adopt a flood level or a building line that in its opinion is the best estimate (based on the available evidence) of a flood event which has a probability of occurrence of 1% in any one year.

(2) Despite any other provision of this Act, an Authority may declare a flood level that allows a risk of flooding to exist in the use of lands.

502 Review of declarations of flood levels and building lines

(1) A person who is affected by a declaration under section 500 may apply to the Minister for review.

(2) An application under subsection (1) must be made within one month after publication of the declaration.

(3) The Minister must notify the applicant of the decision on the application.

(4) If the Minister decides that a declaration is to be amended or revoked, the Minister may direct the Authority to that effect.


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(5) Subsection (1) does not apply if the person is affected by a declaration that is made at the direction of the Minister as a result of an earlier application under that subsection by that person.

503 Availability of information

An Authority must make sure that information about any flood levels or building lines is publicly available.

504 Control of work and structures

(1) A person must not, without the relevant Authority's consent, cause or permit the carrying out of work or the erection of a structure between a building line and any part of a waterway or land or infrastructure in relation to which a building line is declared.Penalty: Level 7 fine (240 penalty units

maximum).

(2) Subsection (1) does not apply to a person who is acting under and in accordance with a levee maintenance permit.


(4) Subsection (1) does not apply to a public statutory body. However, a public statutory body must comply with subsection (5) before carrying out work or erecting a structure in a place referred to in subsection (1).

(5) For the purposes of subsection (4), a public statutory body must—

(a) notify the relevant Authority of its intention; and

(b) have regard to any comments made by the relevant Authority.


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(6) If work is carried out or a structure is erected in contravention of subsection (1), the relevant Authority, by written notice served on the owner of the affected land, may require the owner to restore the land to the condition it was in before the work was carried out or to remove, demolish or modify that structure—

(a) as specified in the notice; and

(b) within the time specified in the notice.

(7) If an owner on whom a notice under subsection (6) is served does not comply with the notice within the period of time specified in it the Authority may—

(a) do the things the owner is required by the notice to do; and

(b) recover from the owner its reasonable costs of doing so.


(1) For the purposes of section 504(1), a person may apply to an Authority for its consent to the carrying out of work or the erection of a structure between a building line and any part of a waterway or land or infrastructure in relation to which a building line is declared.Note



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(b) any condition it determines relating to a prescribed class of condition specified in the consent; and


(4) Conditions subject to which the Authority gives its consent are binding on successors in title of the person to whom the consent is given.

(5) An Authority, by written notice served on the owner of the land, may—





(b) takes effect—




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506 Removal of existing infrastructure and structures

(1) An Authority may remove, demolish or modify any infrastructure or structures that—

(a) are between a building line and any part of a waterway or land or infrastructure in relation to which a building line was declared under section 500; and

(b) existed at the time of that declaration.

(2) Before removing, demolishing or modifying any infrastructure or structures, an Authority must serve written notice of its intention to do so on the owner of land.

(3) A notice under subsection (2) must specify the date on which the Authority intends to remove, demolish or modify the infrastructure or structures. The date must not be less than 28 days after the date on which the owner is served with the notice.

(4) The Authority may enter the land to carry out the removal, demolition or modification—

(a) if there has been no application for review under section 831, on the date or dates specified in the notice; or

(b) if there has been an unsuccessful application for review under section 831, on the date or dates specified by the Authority in a written notice served on the owner of the land after the date on which the application is determined.


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Division 9—Designated land and infrastructure

507 Application

This Division applies to a water corporation—

(a) that has a waterway management district or an irrigation district; and

(b) that is declared by the Minister (by order published in the Government Gazette) to be a water corporation to which this Division applies.


A water corporation has the function to improve the quality of water in drainage systems.

509 Designated land and infrastructure

(1) Any land that abuts a waterway in the waterway management district of a water corporation, or is within 20 metres of such a waterway, is designated land of that water corporation.

(2) Any infrastructure that is within the irrigation district of a water corporation is designated infrastructure of that water corporation if it is infrastructure—

(a) owned by that water corporation for the purpose of performing functions under Division 2 or this Division; or

(b) declared to be designated infrastructure of the water corporation under subsection (4).

(3) Any infrastructure that is within the waterway management district of a water corporation is designated infrastructure of that water corporation—


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(a) if it is infrastructure—

(i) owned by that water corporation for the purpose of performing functions under Division 8 or this Division; or

(ii) declared to be designated infrastructure of the water corporation under subsection (4); and

(b) in the case of infrastructure situated on land that has been added to the waterway management district of a water corporation, if immediately before that addition, it was infrastructure of an Authority in whose waterway management district it was situated.

(4) A water corporation, by notice published in the Government Gazette, may declare any drain or drainage infrastructure in its irrigation district or waterway management district to be designated infrastructure.

(5) A declaration under subsection (4) must—(a) adequately describe the designated

infrastructure; and(b) specify the water corporation having the

management and control of the designated infrastructure; and

(c) specify the irrigation district or waterway management district of that water corporation.

(6) In addition, the water corporation must publish the declaration in a newspaper circulating generally in the State or in a local newspaper circulating generally in the area in


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which the designated infrastructure is located.

510 Work that interferes with designated land or infrastructure

(1) A person must not, without the water corporation's consent or any other authorisation under this Act, cause or permit work to be carried out that interferes, or is likely to interfere with—

(a) designated land or infrastructure within a water corporation's waterway management district or irrigation district; or

(b) the quality, amount or flow of water in any such land or infrastructure.



511 Connections and discharges

(1) A person must not, without a water corporation's consent, cause or permit—

(a) any drainage infrastructure to be connected to or discharge (whether directly or indirectly) into—

(i) any waterway or designated land within the water corporation's waterway management district; or

(ii) any designated infrastructure within the water corporation's waterway management district or irrigation district; or


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(b) the alteration or removal of any drainage infrastructure that is connected to or that discharges (whether directly or indirectly) into—

(i) any waterway or designated land within the water corporation's waterway management district; or

(ii) any designated infrastructure within the water corporation's waterway management district or irrigation district.



(3) Subsection (1) does not apply to a public statutory body. However, a public statutory body that intends to do anything specified in subsection (1) must comply with subsection (4) before doing it.

(4) For the purposes of subsection (3), a public statutory body must—

(a) notify the water corporation of its intention; and

(b) have regard to any comments made by the water corporation.

Note



(1) For the purposes of section 510(1), a person may apply to a water corporation for its consent to the carrying out of work that will interfere, or is likely to interfere with—


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(a) designated land or infrastructure within a water corporation's waterway management district or irrigation district; or

(b) the quality, amount or flow of water in any such land or infrastructure.

(2) For the purposes of section 511(1)(a), a person may apply to a water corporation for its consent for drainage infrastructure located on land owned by that person to be connected to or discharge (whether directly or indirectly) into—

(a) any waterway or designated land within the water corporation's waterway management district; or

(b) any designated infrastructure within the water corporation's waterway management district or irrigation district.

(3) For the purposes of section 511(1)(b), a person may apply to a water corporation for its consent for the alteration or removal of any drainage infrastructure located on land owned by that person that are connected or that discharges (whether directly or indirectly) into—

(a) any waterway or designated land within the water corporation's waterway management district; or

(b) any designated infrastructure within the water corporation's waterway management district or irrigation district.

Note





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(5) A consent given by a water corporation is subject to—


(b) any condition it determines relating to a prescribed class of condition specified in the consent; and


(6) A water corporation, by written notice served on the owner of the land, may—



(7) A condition that is imposed or amended, or a removal of a condition, under subsection (6) takes effect—

(a) on the day on which the notice is served; or

(b) on a later day specified in the notice.


(1) A person to whom a consent under section 512 is given must comply with the conditions to which that consent is subject.



Division 10—Other specific functions of certain water corporations


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514 Additional function of Central Gippsland Region Water Corporation

(1) In addition to any other function conferred by this Act on the water corporation known as the Central Gippsland Region Water Corporation, the water corporation has the function of receiving waste from any person (whether inside or outside its sewerage district) for treatment and disposal by it.


waste includes—

(a) trade waste or sewage, whether untreated, treated or partially treated; and

(b) any matter that is offensive or injurious to human life or health; and

(c) any ash, coal-dust or matter that may discolour or impart discolouration to water.

515 Additional function of Melbourne Water Corporation

In addition to any other function conferred by this Act on Melbourne Water Corporation, Melbourne Water Corporation has the function to supply water to any person with whom it has an agreement to supply water that was in force immediately before the commencement of section 162 of the Water (Governance) Act 2006.

516 Particular powers of Melbourne Water Corporation in relation to certain roads in Corio and Werribee

(1) The Road Management Act 2004 applies to a specified road as if it were a road within the meaning of that Act.


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(2) For the purposes of the Road Management Act 2004, and subject to any regulations made under section 37(1)(c) of that Act, the responsible road authority for a specified road is Melbourne Water Corporation.


specified road means a road or a part of a road—

(a) that is within the municipal district of—

(i) the City of Wyndham; or

(ii) the City of Greater Geelong; and

(b) that is abutted on both sides by land owned by Melbourne Water Corporation; and

(c) that is not a freeway or arterial road within the meaning of the Road Management Act 2004.

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CHAPTER 8—REGULATION OF INFRASTRUCTURE AND ACTIVITIES




(2) This Chapter requires a licence issued by the Minister to be held for certain infrastructure or activities.

(3) This Chapter empowers the Minister to issue levee maintenance permits in respect of levees on Crown land.

(4) Ministerial approval is required for disposing of, or injecting, any water or other matter underground by means of a bore.

(5) The Drillers' Licensing Board is continued in existence for the purpose of licensing drillers to carry out drilling or bore construction work.

(6) This Chapter empowers the Minister to give directions to—

(a) the occupier of infrastructure on a waterway or of a bore; or

(b) the holder of an activities licence; or

(c) the owner or proposed owner of a dam or a person who has, or is proposed to have, the management and control of a dam.

(7) Various offences are created including offences relating to infrastructure and activities, the carrying out of drilling or bore construction work and non-compliance with Ministerial directions.

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PART 8.2—OFFENCES RELATING TO LICENSING OF INFRASTRUCTURE AND ACTIVITIES

518 Offences relating to infrastructure or to the deviation of a waterway


(a) construct, install, alter, operate, remove, abandon or decommission any infrastructure on a waterway, other than infrastructure referred to in paragraph (b) of the definition of that term in the Dictionary; or

(b) construct, install, alter, operate, remove, abandon or decommission any infrastructure (other than infrastructure referred to in paragraph (b) of the definition of that term in the Dictionary) to extract water from a waterway (including the River Murray) or any infrastructure ancillary to that infrastructure; or

(c) construct, alter, operate, remove, abandon or decommission a specified dam that is not on a waterway.



(a) construct or install any thing on, or on land adjacent to, a waterway for the purpose of, or which may result in—

(i) the drainage of any land; or

(ii) the collection, storage, taking, use or distribution of any water; or

(iii) the obstruction or deflection of the flow of any water; or


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(iv) the prevention or minimising of erosion of a waterway; or

(b) alter, operate, remove, abandon or decommission any thing covered by paragraph (a).


(3) A person must not deviate a waterway, whether temporarily or permanently.


(4) A person must not construct, alter, operate (including solely for the purpose of obtaining water for domestic and stock use), remove, abandon or decommission—

(a) a bore; or

(b) any infrastructure ancillary to a bore.


(5) A person must not carry out on, or on land adjacent to, a waterway any work of a kind prescribed for the purposes of section 523(h).


(6) Subsection (1), (2), (3), (4) or (5) does not apply to a person who is authorised, by or under this or any other Act, to do the thing covered by that subsection.

(7) Subsection (1), (2) or (3) does not apply to a person who is authorised to do the thing covered by that subsection by or under an Act of another jurisdiction.


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(8) A person does not commit an offence against subsection (4) if the person—

(a) performs work on a bore or on infrastructure ancillary to a bore that is necessary—

(i) to prevent the immediate waste or pollution of groundwater; or

(ii) for the purpose of satisfying an immediate need to obtain water for domestic and stock use; and

(b) gives notice to the Minister of the work, and the reason for it, within 7 days after starting it.

(9) Nothing in this section applies to—

(a) an Authority in respect of its major infrastructure; or

(b) a public land manager in respect of any major infrastructure on public land under its management and control.

(10) An offence against subsection (1), (2), (3), (4) or (5) is a strict liability offence.

Note

Section 816 applies to an offence against subsection (1), (2), (3), (4) or (5).

519 Offences relating to activities

(1) A person must not cause damage to the environmental condition or physical integrity of a waterway or an aquifer by—

(a) removing sand, gravel, rocks, trees, shrubs, snags or woody debris from the waterway or land adjacent to the waterway; or


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(b) undertaking any other activity on, or on land adjacent to, the waterway.


(2) A person must not carry out on, or on land adjacent to, a waterway any activity of a kind prescribed for the purposes of section 524.


(3) Subsection (1) or (2) does not apply to an Authority, that has a waterway management district, in performing any function or exercising any power conferred on it by or under this Act, including under a delegation or sub-delegation made under this Act.

(4) Subsection (1) or (2) does not apply to a person who is authorised, by or under this or any other Act, to do the thing covered by that subsection.


Note

Section 816 applies to an offence against subsection (1) or (2).

520 Offence relating to private bores

(1) A person must not destroy, damage, obstruct or interfere with a bore, or any infrastructure ancillary to a bore, owned by or under the management and control of a person other than an Authority, in such a way that damage is caused to the environmental condition or physical integrity of a waterway or aquifer.



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(2) Subsection (1) does not apply to a person who is authorised, by or under this or any other Act, to do the thing covered by that subsection.


521 Offences relating to licences

(1) The holder of a works licence or an activities licence must comply with the conditions of the licence.


(2) It is not a defence to a charge for an offence against subsection (1) to prove that had a person employed or engaged by the licence holder acted in accordance with a direction given by the licence holder there would not have been a breach of the licence conditions.


522 Evidentiary provisions

(1) Subsection (2) applies if in a proceeding for an offence against section 518(1), (2) or (4) it is proved that the dam, bore or other infrastructure is located wholly or partly on private land.

(2) A person who is the owner or sole occupier of the private land must be presumed (in the absence of evidence to the contrary) to have constructed, installed, altered, operated, removed, abandoned or decommissioned that dam, bore or other infrastructure.

(3) Subsection (4) applies if in a proceeding for an offence against section 518(1) or (4) it is proved that the dam, bore or other infrastructure was used to divert water to private land.


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(4) A person who is the owner or sole occupier of the private land must be presumed (in the absence of evidence to the contrary) to have constructed, installed, altered or operated that dam, bore or other infrastructure.

(5) To avoid doubt, a reference in this section to infrastructure includes infrastructure ancillary to a dam, bore or other infrastructure.

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PART 8.3—WORKS AND ACTIVITIES LICENCES

Division 1—Authority conferred by licences

523 What a works licence authorises

A works licence authorises the licence holder—

(a) to construct, install, alter, operate, remove, abandon or decommission any infrastructure on a waterway, other than infrastructure referred to in paragraph (b) of the definition of that term in the Dictionary; or

(b) to construct, install, alter, operate, remove, abandon or decommission any infrastructure (other than infrastructure referred to in paragraph (b) of the definition of that term in the Dictionary) to extract water from a waterway (including the River Murray) or any infrastructure ancillary to that infrastructure; or

(c) to construct, alter, operate, remove, abandon or decommission a specified dam that is not on a waterway; or

(d) to construct or install any thing on, or on land adjacent to, a waterway for the purpose of, or which may result in—




(iv) the prevention or minimising of erosion of a waterway; or

(e) to alter, operate, remove, abandon or decommission any thing covered by paragraph (d); or


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(f) to deviate a waterway, whether temporarily or permanently; or

(g) to construct, alter, operate (including solely for the purpose of obtaining water for domestic and stock use), remove, abandon or decommission—

(i) a bore; or

(ii) any infrastructure ancillary to a bore; or

(h) to carry out on, or on land adjacent to, a waterway any other work of a kind prescribed for the purposes of this paragraph.

Note

See Division 5 in relation to major infrastructure of Authorities and public land managers.

524 What an activities licence authorises

An activities licence authorises the licence holder—

(a) to remove sand, gravel, rocks, trees, shrubs, snags or woody debris from a waterway or land adjacent to a waterway; or

(b) to carry out on, or on land adjacent to, a waterway any other activity of a kind prescribed for the purposes of this section.

Division 2—Application for licence

525 Application

(1) A person may apply to the Minister for a works licence or an activities licence.Note




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526 Referral of application to certain bodies

(1) The Minister must refer a copy of an application under section 525, in accordance with any rules made under section 825, to such body as is specified by the Minister in accordance with those rules.




(i) it does not object to the issue of a licence; or

(ii) it does not object if the licence is issued subject to the conditions specified by the body; or

(iii) it objects to the issue of the licence on the ground or grounds specified by it; and

(c) may give to the Minister its written comments on the application.

(3) If a body makes no response to the Minister within 30 days after receipt of an application, the Minister may proceed to determine it.

Division 3—Dealing with application for licence


(1) On receiving an application under section 525, the Minister, subject to this Part, may—

(a) approve the application and issue a works licence or activities licence, as the case requires; or



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(2) The Minister, in accordance with any rules made under section 825, must coordinate consideration of the application and that of any other relevant pending application.


In deciding whether to approve or refuse an application, the Minister must have regard to—


(b) any advice and comments received under section 526; and

(c) in the case of a licence to construct, alter or operate a dam, the likely effects of the dam failing; and

(d) any applicable water resource management order; and

(e) any other matter that the Minister considers relevant.

529 Minister must refuse application for works licence in certain circumstances

The Minister must refuse an application for a works licence if the Minister considers that to approve the application would be inconsistent with any applicable water resource management order.

530 Matters to be set out in licence

A works licence or activities licence must set out the following—

(a) the name and address of the holder;

(b) a description of any land to which it relates;

(c) a description of the infrastructure or activities;


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(d) the conditions to which the licence is subject;

(e) the term of the licence;

(f) any other information that the Minister considers necessary.

531 Conditions of works licence

(1) A works licence is subject to—

(a) any prescribed conditions; and

(b) any conditions that are determined by the Minister relating to any of the matters specified in subsection (2); and

(c) any other conditions that the Minister thinks fit and specifies in the licence.

(2) The following are the matters referred to in subsection (1)(b)—

(a) the maximum amounts of water which may be taken in particular periods or circumstances from any infrastructure to which the licence relates;

(b) the installation and use of measuring devices and pumps;

(c) the standard of construction, dimensions or any other feature of the infrastructure;

(d) the maintenance and operation of the infrastructure and the date on which operation may commence;

(e) the date of commencement of carrying out the work and the notice required to be given of it;

(f) the submission of reports on the carrying out of the work;


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(g) the preservation of the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality, and the other values that depend on the health of water ecosystems;

(h) the maintenance of environmental water or any other water that contributes to the preservation of the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality;

(i) the qualifications required to be held by persons designing, undertaking, constructing, installing or operating the whole or any part of the infrastructure;

(j) additional work or measures to be undertaken for—

(i) the protection of a waterway or its surrounds; or

(ii) the maintenance of flow in a waterway;

(k) in the case of infrastructure for the storage of water within a waterway, steps to be taken to maintain the availability of water to satisfy other entitlements;

(l) without limiting paragraph (k), in the case of a dam—

(i) surveillance of the dam, including surveillance by the Minister or a person holding a qualification approved by the Minister and engaged by the licence holder; or

(ii) the procedures for management of dam safety; or

(iii) the procuring of water, by transfer or otherwise, for every year that the dam


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is in operation;

(m) in the case of a bore—

(i) additional work or measures to be undertaken for the protection of the aquifer or for the maintenance of flow; or

(ii) requiring samples of materials excavated from the borehole and of water in the bore to be taken and given to a specified Authority; or

(iii) requiring all or any part of the work to be carried out by, or under the direction of, a licensed driller.

(3) To avoid doubt, conditions referred to in subsection (2)(j), (k), (l) or (m) are additional to any other conditions referred to in that subsection.

(4) Conditions specified under subsection (1)(c) cannot take away from rights to water for domestic and stock use conferred by section 40.

532 Conditions of activities licence

An activities licence is subject to—

(a) any prescribed conditions; and

(b) any other conditions that the Minister thinks fit and specifies in the licence.

533 Period a works or activities licence is in effect

(1) Unless sooner cancelled, a works licence or an activities licence remains in effect for the period (not exceeding 20 years) specified in the licence.

(2) A works licence or an activities licence may be renewed under Subdivision 3 of Division 4.

534 Other permits etc. still necessary


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The issue of a works licence or an activities licence does not remove the need to apply for any authorisation or permission necessary under any other Act with respect to anything authorised by the licence.

Division 4—Amendment, renewal or transfer of licence


535 Application

(1) The holder of a works licence or an activities licence may apply to the Minister for an amendment of a condition of the licence.Note



536 Referral of application to certain bodies

(1) The Minister must refer a copy of an application under section 535, in accordance with any rules made under section 825, to such body as is specified by the Minister in accordance with those rules.




(i) it does not object to the amendment of the condition; or

(ii) it does not object if the condition is amended as specified by the body; or


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(iii) it objects to any amendment of the condition on the ground or grounds specified by it; and

(c) may give to the Minister its written comments on the application.

(3) If a body makes no response to the Minister within 30 days after receipt of an application, the Minister may proceed to determine it.



(a) approve the application and amend the condition; or


(2) The Minister, in accordance with any rules made under section 825, must coordinate consideration of the application and that of any other relevant pending application.


In deciding whether to approve or refuse an application under section 535, the Minister must have regard to—


(b) any advice and comments received under section 536; and




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540 Amendment on Minister's initiative

(1) The Minister, on the Minister's initiative, may amend a works licence or an activities licence—

(a) to the extent necessary to give effect to a matter specified in an applicable water resource management order; or

(b) to correct—

(i) a clerical mistake; or

(ii) an error arising from an accidental slip or omission; or

(iii) a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the licence; or

(iv) a defect of form.

(2) Without limiting subsection (1), the Minister may amend a works licence issued to operate a specified dam that is not on a waterway and is not owned or operated by a public statutory body to include conditions relating to the management of dam safety.


(a) give at least 3 months' written notice of the amendment to the licence holder before it takes effect; and


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(b) specify in the notice the reasons for the amendment.

(4) Subsection (3) does not apply to an amendment made for a purpose referred to in subsection (1)(b). However, the Minister must give notice of the amendment to the licence holder within 14 days after it is made.

Subdivision 3—Renewal of licence

541 Application

(1) The holder of a works licence or an activities licence may apply to the Minister for the renewal of the licence before the expiry of the licence.Note





(a) approve the application and renew the licence; or


(2) The Minister, in accordance with any rules made under section 825, must coordinate consideration of the application and that of any relevant pending application.





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(b) in the case of a licence to construct, alter or operate a dam, the likely effects of the dam failing; and



(2) Subject to section 544, the Minister must approve the application unless, having regard to the matters specified in subsection (1), there are, in the Minister's opinion, good reasons not to do so.

544 Minister must refuse application for renewal in certain circumstances


545 Conditions of renewed licence

(1) If the Minister approves the application and renews a works licence or an activities licence, the Minister may—



(2) A condition referred to in subsection (1)(b) may only be a condition that can be imposed under Division 3.


A works licence or an activities licence may be renewed for a period not exceeding 20 years.


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A works licence or an activities licence may be renewed under this Subdivision more than once.

Subdivision 4—Transfer of licence

548 Application

(1) The holder of a works licence or an activities licence may apply to the Minister for a permanent or temporary transfer of the licence to another person.Note




On receiving an application under section 548, the Minister, subject to this Subdivision, may—

(a) approve the transfer of the licence; or








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(2) Subsection (1) does not apply if the application is for the approval of a permanent transfer of a licence to a successor in title to the owner of the land to which the licence relates.

551 Minister must refuse application for transfer in certain circumstances


552 Conditions of transferred licence

(1) If the Minister approves the application and transfers a works licence or an activities licence, the Minister may—



(2) A condition referred to in subsection (1)(b) may only be a condition that can be imposed under Division 3.

Subdivision 5—Suspension or cancellation of licence

553 Suspension or cancellation of licence

(1) The Minister may suspend or cancel a works licence or an activities licence if—

(a) of the opinion that there has been a failure to comply with any condition to which the licence is subject; or

(b) the licence holder has not paid an applicable fee or charge under Chapter 9 by the due date.


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(2) Before suspending or cancelling a licence under this section, the Minister must—



(ii) the rights the licence holder has under this section to make submissions on the proposal; and

(iii) for a proposal to suspend the licence, the terms on which the suspension will be lifted; and

(b) allow the licence holder an opportunity to make a written submission on the proposal to suspend or cancel the licence.


(4) In deciding whether or not to suspend or cancel a licence under this section, the Minister must have regard to submissions made under subsection (2)(b) within the period specified for the making of submissions.



554 Cancellation of licence by Minister

(1) The Minister may cancel a works licence or an activities licence if the Minister reasonably believes that the licence holder no longer owns or occupies the land—


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(a) on which the infrastructure is situated or the activities are carried out; or

(b) that is supplied with water from the infrastructure.

(2) The Minister may issue a new licence to a person who is now the owner or occupier of the land referred to in subsection (1) on an application made by that person.


555 Licence not required for major infrastructure

(1) Nothing in this Part requires an Authority or a public land manager to apply to the Minister for the issue of a licence to construct, install, alter, operate, remove, abandon or decommission any infrastructure of the following kind—

(a) for an Authority, any major infrastructure;

(b) for a public land manager, any major infrastructure on public land under its management and control.

(2) However, an Authority or a public land manager may only proceed with a proposal to do anything covered by subsection (1) if it has—

(a) given a copy of the proposal to the Minister; and

(b) complied with any requirements set out in rules made by the Minister under section 825 for the referral of the proposal to another body; and

(c) invited written comments on the proposal from the public in accordance with any rules made by the Minister under section 825.

(3) In deciding whether to proceed with the proposal, the Authority or public land manager must have


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regard to—


(b) any written comments received under subsection (2)(c); and

(c) any applicable water resource management order.

(4) An Authority or public land manager must not proceed with a proposal if it considers that to do so would be inconsistent with an applicable water resource management order.

Note

See also section 518(9).

556 Exemption from liability in respect of works licence

(1) Neither the Minister nor the Crown is liable, only because of the Minister doing or not doing under this Part a thing referred to in subsection (2) in relation to a works licence, in respect of any injury, damage or loss caused by a flow of water from infrastructure authorised to be constructed, installed, altered, operated, removed, abandoned or decommissioned by the licence.

(2) The things are—

(a) issuing the licence; or

(b) determining the conditions of the licence; or

(c) amending, or amending or removing a condition of, or imposing a new condition on, the licence; or

(d) renewing the licence; or

(e) transferring the licence.

(3) Subsection (1) only applies if the Minister, in deciding whether or not to do the thing referred to in subsection (2)—


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(a) had regard to any matter to which the Minister was required to have regard by this Part; and

(b) acted in good faith.

(4) In this section, a reference to the Minister includes a person acting as a delegate or sub-delegate of the Minister in performing a function or exercising a power under this Part in relation to the works licence.

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PART 8.4—LEVEE MAINTENANCE ON CROWN LAND

Division 1—Definitions

557 Definitions

In this Part—

land manager, in relation to specified Crown land, means—

(a) if responsibility for the management of the land is given by an Act to a person, that person; or

(b) if responsibility for the management of the land is not given by an Act to a person, the Minister administering the Act under which the land is managed;

levee means a mound or bank (whether or not on a waterway) constructed primarily of earth, stone or gravel, the purpose of which is to obstruct or deflect the flow of water over the surface of land;

maintenance, in relation to a levee, includes reconstruction of a part of the levee;

specified Crown land means land that is—(a) reserved under the Crown Land

(Reserves) Act 1978; or(b) reserved forest within the meaning of

the Forests Act 1958; or(c) unreserved Crown land under the

Land Act 1958; or


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(d) described in Schedule Two, Two B, Three or Four to the National Parks Act 1975 other than—

(i) a wilderness zone (within the meaning of that Act); or

(ii) a remote and natural area (within the meaning of that Act); or

(iii) a designated water supply catchment area (within the meaning of that Act); or

(e) a State Wildlife Reserve or a Nature Reserve within the meaning of the Wildlife Act 1975—

but does not include—

(f) a natural catchment area within the meaning of the Heritage Rivers Act 1992; or

(g) an area proclaimed to be a reference area under the Reference Areas Act 1978.

Division 2—Authority conferred by permits

558 What a levee maintenance permit authorises(1) A levee maintenance permit authorises the permit

holder to—(a) carry out maintenance on a levee that is

located on specified Crown land; and


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(b) enter or pass over any specified Crown land for that purpose.

(2) A levee maintenance permit does not authorise the use of machinery or the introduction of soil or other material to the land to carry out the maintenance after the first 12 months of the period the permit is in effect.

Note

It is an offence to construct, remove, alter or carry out maintenance on a levee on specified Crown land other than under and in accordance with a levee maintenance permit or other authority. See—Crown Land (Reserves) Act 1978, Forests Act 1958, Land Act 1958, National Parks Act 1975 and Wildlife Act 1975.

Division 3—Application for permit

559 Application

(1) A person may apply to the Minister for a levee maintenance permit.Note


(2) An application must be accompanied by the written consent of any lessee of—

(a) the land on which the levee is located; and

(b) the land over which access is required by the applicant.

560 Referral of application to land manager


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(1) The Minister must refer a copy of an application under section 559 to the land manager.

(2) Within 28 days (or any longer period that the Minister allows) after receiving a copy of the application, the land manager—


(b) may—

(i) advise the Minister that the land manager does not require the permit to be subject to any condition; or

(ii) specify any condition (which must be a reasonable condition) to which the land manager requires the permit to be subject.

(3) If a land manager makes no response to the Minister within 28 days (or any longer period that the Minister allowed) after receipt of a copy of the application, the Minister may proceed to determine the application.

Division 4—Dealing with application for permit


On receiving an application under section 559 the Minister, subject to this Part, may—

(a) approve the application and issue a levee maintenance permit; or


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562 Matters to be set out in permit

A levee maintenance permit must set out the following—

(a) the name and address of the holder;

(b) a description of the specified Crown land on which the levee is located;

(c) a description of the location of the levee;(d) any condition to which the permit is

subject;

(e) the period the permit is in effect;

(f) any other information that the Minister considers necessary.

563 Conditions of levee maintenance permit

(1) A levee maintenance permit is subject to—


(b) any condition specified by the land manager under section 560(2)(b)(ii); and

(c) any other condition that the Minister thinks fit and specifies in the permit.

(2) Without limiting subsection (1)(c), the Minister may specify a condition about any one or more of the following—

(a) the dimensions that the levee must not exceed;

(b) the maintenance authorised by the permit.


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(3) In specifying the dimensions of a levee for the purpose of a condition referred to in subsection (2)(a), the Minister may have regard to—

(a) the past or present condition of the whole or any part of the levee; or

(b) the past or present height or width of any part of the levee.

564 Period a levee maintenance permit is in effectUnless sooner cancelled, a levee maintenance permit remains in effect for the period (not exceeding 5 years) specified in the permit.

Division 5—Amendment of conditions or cancellation of permit

Subdivision 1—Amendment of conditions on application by permit holder

565 Application

(1) A permit holder may apply to the Minister for the amendment or removal of a condition (other than a prescribed condition) to which the permit is subject.Note


(2) An application must be accompanied by the written consent of any lessee of—


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(a) the land on which the levee is located; and

(b) the land over which access is required by the applicant who is likely to be affected by the amendment or removal of the condition.

566 Referral of application to land manager

(1) The Minister must refer a copy of an application under section 565 to the land manager.

(2) Within 28 days (or any longer period that the Minister allows) after receiving a copy of the application, the land manager—


(b) may—

(i) advise the Minister that the land manager does not object to the amendment or removal of the condition; or

(ii) advise the Minister that the land manager objects to the amendment or removal of the condition on the ground specified by the land manager (which must be a reasonable ground); or

(iii) specify any amendment (which must be a reasonable amendment) to the condition that the land manager requires.

(3) If a land manager makes no response to the Minister within 28 days (or any longer period that the Minister allowed) after receipt of a copy of the application, the


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Minister may proceed to determine the application.



(a) approve the application and amend or remove the condition; or


(2) An amendment or removal of a condition takes effect—

(a) on the day on which written notice of it is given to the permit holder; or


Subdivision 2—Amendment of conditions on Minister's initiative

568 Amendment of conditions on Minister's initiative(1) The Minister, on the Minister's initiative, may—

(a) amend a condition to which a levee maintenance permit is subject; or

(b) remove a condition to which a levee maintenance permit is subject; or

(c) impose a new condition on a levee maintenance permit.

(2) The Minister may only act under subsection (1) after obtaining the written consent of any lessee of—

(a) the land on which the levee is located; or(b) the land over which access is required by

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removal of the condition or the new condition.

(3) The Minister must give at least 28 days' written notice of the amendment or removal of the condition, or the new condition, to the permit holder before it takes effect. However, an amendment may take effect earlier if the permit holder agrees.

(4) A notice under subsection (3) must specify the reasons for the amendment or removal of the condition or the new condition.

569 Referral of proposal to land manager in certain circumstances(1) This section applies if—

(a) the Minister proposes to amend or remove a condition to which a levee maintenance permit is subject, or to impose a new condition on a levee maintenance permit, under section 568; and

(b) the Minister is of the opinion that the land manager is likely to be affected by the amendment or removal of the condition or the new condition.

(2) The Minister must refer a copy of the permit, together with details of the proposed amendment or removal of the condition, or the proposed new condition, to the land manager.

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condition, or the proposed new condition, the land manager—

(a) must consider the proposed amendment or removal of the condition or the proposed new condition; and

(b) may—

(i) advise the Minister that the land manager does not object to the amendment or removal of the condition or the new condition; or

(ii) advise the Minister that the land manager objects to the amendment or removal of the condition, or the new condition, on the ground specified by the land manager (which must be a reasonable ground); or

(iii) specify any amendment (which must be a reasonable amendment) to the condition that the land manager requires.

(4) If the land manager makes no response to the Minister within 28 days after receipt of the copy of the permit and the details of the proposed amendment or removal of the condition, or the proposed new condition, the Minister may proceed to amend or remove the condition or impose the new condition.

Subdivision 3—Cancellation

570 Cancellation of permit


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(1) The Minister, by written notice served on the permit holder, may cancel a levee maintenance permit.

(2) The Minister may only act under subsection (1)—

(a) following a request to do so by the permit holder; or

(b) if the Minister is of the opinion that there has been a failure to comply with any term or condition of the permit.

(3) A notice served under subsection (1) must specify the reasons for the cancellation.

(4) A cancellation takes effect—

(a) on the day on which written notice of the cancellation is served on the permit holder; or


Division 6—Apportionment of application fee

571 Payment to land manager of portion of application fee(1) The Minister must pay to a land manager that

considers an application in accordance with this Part, a proportion (determined by the Minister) of the application fee paid to the Minister for that application.

(2) The proportion must represent a land manager's reasonable costs in considering an application of that kind.

(3) A land manager must provide to the Minister any information that the Minister requests


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for the purposes of subsection (2).__________________


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PART 8.5—UNDERGROUND DISPOSAL

572 Power of Minister to approve underground disposal

(1) A person may apply to the Minister for approval to dispose of, or inject, any water or other matter underground by means of a bore.Note




On receiving an application under section 572, the Minister, subject to this Part, may—

(a) approve the application and issue a written notice of approval; or



In deciding whether to approve or refuse an application under section 572, the Minister must have regard to—


(b) any impacts arising from the amount of matter proposed to be injected and the proposed rate of injection; and




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(1) The Minister must not approve an application in respect of a disposal or injection which, in the opinion of the Minister, would cause the pollution of any groundwater or be detrimental to any aquifer or bore.

(2) The Minister must not approve an application in respect of a disposal or injection by means of a State observation bore if, in the opinion of the Minister, the disposal would interfere with the function of the bore as a State observation bore.

576 Conditions of approval

An approval is subject to any conditions that the Minister thinks fit and specifies in the written notice of approval.

577 Offences

(1) A person must not dispose of, or inject, any water or other matter underground by means of a bore without approval under this Part.


(2) The holder of an approval must comply with any conditions to which it is subject.



(4) Subsection (1) or (2) does not apply in relation to any work carried out in accordance with a take and use licence.


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(5) Subsection (1) or (2) does not apply to the holder of an authority under the Greenhouse Gas Geological Sequestration Act 2008 in relation to work carried out in accordance with an approved injection testing plan or an approved injection and monitoring plan.

(6) Subsection (1) or (2) does not apply in relation to work carried out in accordance with an accepted environment plan, approved site plan or accepted well operations management plan within the meaning of the regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2010.

Note


578 Other permits etc. still necessary

The approval of an application under section 572 in respect of a disposal or injection does not remove the need to apply for any authorisation or permission necessary under any other Act with respect to the disposal or injection.

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PART 8.6—DRILLERS' LICENCES

Division 1—Authority conferred by driller's licence

579 What a driller's licence authorises

A driller's licence authorises the licence holder to use the method of drilling or bore construction specified in the licence.

Division 2—Dealing with application for licence

580 Application

(1) A person may apply in writing to the Drillers' Licensing Board for a driller's licence.

(2) An application must be accompanied by the prescribed fee.

(3) The Drillers' Licensing Board may require an applicant to undergo, at a time and place determined by the Board, an oral, written or practical test with respect to—

(a) water bore materials and design; and

(b) drilling and bore construction methods and techniques; and

(c) the applicant's understanding of any provisions of this Act that the Board considers relevant; and

(d) any other prescribed matter.


(1) On receiving an application under section 580, the Drillers' Licensing Board may—

(a) approve the application and issue a driller's licence; or



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(2) A licence may limit the licence holder to using only a specified method of drilling or bore construction.

582 Register of licences

The Drillers' Licensing Board must keep a register of licences issued under this Part.

583 Period a licence is in effect

Unless sooner cancelled, a driller's licence remains in effect for 10 years.

Division 3—Renewal of licence

584 Application

(1) The holder of a driller's licence may apply to the Drillers' Licensing Board for the renewal of the licence before the expiry of the licence.

(2) An application must be accompanied by the prescribed fee.

585 Determination of application for renewal of licence

(1) On receiving an application under section 584, the Board, subject to the regulations, may—

(a) approve the application and renew the licence; or


(2) A renewed licence may limit the licence holder to using only a specified method of drilling or bore construction.


A driller's licence may be renewed for 10 years.


A driller's licence may be renewed under this Division more than once.


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Division 4—Cancellation or suspension of licence

588 Licences may be cancelled or suspended

(1) Subsection (2) applies if in the opinion of the Drillers' Licensing Board a licence holder has—

(a) contravened any provision of this Chapter or the regulations made for the purposes of this Chapter; or

(b) used a method of drilling or bore construction not specified in the licence; or

(c) acted in contravention of a condition of a works licence.

(2) The Board, by written notice served on the licence holder, may cancel the driller's licence or suspend it for the period specified in the notice.

(3) A notice served under subsection (2) must specify the reasons for the cancellation or suspension.

(4) The Board must record any cancellation or suspension of a licence in the register kept under section 582.

Division 5—Offences

589 Offences relating to requirement for licensed driller

(1) A person must not carry out work under a works licence that under that licence must be carried out by, or under the direction of, a licensed driller unless the person is—

(a) a licensed driller; or

(b) an employee or agent of a licensed driller and the work is carried out under the direct supervision of a licensed driller.



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(2) A person must not carry out work under a works licence that under that licence must be carried out by, or under the direction of, a licensed driller using a specified method of drilling or bore construction unless the person is—

(a) a licensed driller whose licence authorises the use of the specified method of drilling or bore construction; or

(b) an employee or agent of such a licensed driller and the work is carried out under the direct supervision of such a licensed driller.



590 Offences by works licensee

(1) The holder of a works licence issued to construct, install, alter, operate, remove or decommission a bore must not engage a person, other than a licensed driller, to carry out all or any part of the work authorised by the licence.


(2) Subsection (3) applies if it is a condition of a works licence referred to in subsection (1) that all or any part of the work authorised by the licence must be carried out using a specified method of drilling or bore construction.


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(3) The holder of the works licence must not engage a person, other than a licensed driller whose licence authorises the licensed driller to use the specified method of drilling or bore construction, to carry out all or any part of the work authorised by the licence.


(4) It is a defence to a charge for an offence against subsection (1) or (3) for the licence holder to prove that they had reasonable grounds to believe that the person engaged to carry out the work was a licensed driller who was authorised to carry it out.


591 Offence by licensed driller and works licensee

(1) Subsection (2) applies if it is a condition of a works licence that all or any part of the work authorised by the licence must be carried out by, or under the direction of, a licensed driller.

(2) A licensed driller carrying out work authorised by the works licence, or under whose direction it is being carried out, must ensure that the work complies with the conditions of the licence.



(4) Subject to subsection (5), if a licensed driller commits an offence against subsection (2), the licence holder also commits an offence against that subsection and is liable to the same penalty.


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(5) A licence holder does not commit an offence against subsection (2) if—

(a) the licence holder presents or points to evidence that suggests a reasonable possibility that the licence holder exercised due diligence to prevent the commission of the offence by the licensed driller; and

(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.

(6) In determining whether a licence holder exercised due diligence to prevent the commission of an offence by a licensed driller, a court may have regard to—

(a) what the licence holder knew, or ought reasonably to have known, about the commission of the offence; and

(b) whether or not the licence holder was in a position to influence the licensed driller in relation to the conduct constituting the offence; and

(c) what steps the licence holder took, or could reasonably have taken, to prevent the commission of the offence; and

(d) any other relevant matter.

(7) A licence holder may commit an offence against subsection (2) whether or not the licensed driller has been prosecuted for, or found guilty of, an offence against that subsection.


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Division 6—Drillers' Licensing Board

592 Continuation of Board

(1) There continues to be a Board called the Drillers' Licensing Board.

(2) The Board consists of 3 members appointed by the Minister of whom—

(a) one is nominated by the Department Head; and

(b) one is a person with specialist knowledge in areas relevant to the functions of the Board nominated by the Department Head; and

(c) one is appointed from a panel of 3 names submitted by the Victorian Branch of the Australian Drilling Industry Association.

(3) The person appointed under subsection (2)(a) is the chairperson of the Board.

(4) If the body referred to in subsection (2)(c) fails to submit a panel of 3 names on or before the date specified by the Minister when requesting a panel, the Minister may appoint as a member of the Board another person as representing well-drillers.

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PART 8.7—DIRECTIONS


593 References to occupier

A reference in this Part to the occupier of a bore or other infrastructure is a reference to the person who owns, operates or controls the bore or other infrastructure.

Division 2—Directions about a bore or other infrastructure

594 Power of Minister to give directions about a bore or other infrastructure

(1) The Minister, by written notice served on the occupier of any infrastructure on a waterway or of a bore, may direct the occupier—

(a) to operate or alter that infrastructure or bore in compliance with the requirements specified in the notice; or

(b) to take the measures specified in the notice that the Minister thinks necessary—

(i) to prevent the waste, misuse or pollution of water; or

(ii) to protect the environment, including the riverine and riparian environment; or

(iii) to protect environmental water or any other water that contributes to the preservation of the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality.

(2) Any condition of a works licence that is inconsistent with a direction given by the Minister


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under subsection (1) is of no effect to the extent that it is inconsistent.

(3) The Minister, by written notice served on the occupier of infrastructure of the following kind, may direct the occupier to remove it—

(a) infrastructure on a collection of water declared by the Minister to be a lake, lagoon, swamp or marsh under section 821 that was constructed or installed before the making of the declaration;

(b) infrastructure constructed or installed before the commencement of section 78(4) of the Water Act 1989 on a waterway that immediately before that commencement was not a water-course within the meaning of Part II of the Water Act 1958;

(c) infrastructure constructed or installed on a waterway on or after that commencement in contravention of the Water Act 1989 or this Act.

(4) The Minister, by written notice served on the occupier, may direct an occupier who has notified the Minister under section 595(3), to take any measures that the Minister thinks necessary or desirable to ensure that the groundwater resources of the State are protected and conserved.

(5) A notice giving a direction under subsection (1), (3) or (4) must specify—

(a) the period of time that the occupier has to comply with the direction; and

(b) the day on which the Minister intends to enter the land to inspect for compliance with the direction; and

(c) the consequences of not complying with the direction.


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(6) The period of time specified under subsection (5)(a) must not be less than 14 days (or such shorter period as is specified in the case of an emergency) after the date on which the notice is served on the occupier.

Note

See section 603 as to circumstances in which compensation is payable.

595 Offences relating to directions about a bore or other infrastructure

(1) The occupier of a bore or other infrastructure must comply with any notice served under section 594(1), (3) or (4).


(2) An occupier who is given a direction under section 594(1), (3) or (4) must give written notice to the Minister, not later than 14 days after the date for compliance with the direction, advising the Minister as to whether or not the direction has been complied with.


(3) If a bore that is not used or intended to be used for the collection or extraction of groundwater or the disposal of any matter is found to be capable of being used for any such purpose, the occupier of the bore, within 14 days after that finding, must notify the Minister of that fact.


(4) An offence against subsection (1), (2) or (3) is a strict liability offence.


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Note


Division 3—Directions about activities

596 Power of Minister to give directions about activities

(1) The Minister, by written notice served on the holder of an activities licence, may direct the holder—

(a) to carry out any activity covered by the licence in compliance with the requirements specified in the notice; or

(b) to take the measures specified in the notice that the Minister thinks necessary—

(i) to prevent the waste, misuse or pollution of water; or

(ii) to protect the environment, including the riverine and riparian environment; or

(iii) to protect the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality and the other values that depend on the health of water ecosystems.

(2) A notice giving a direction under subsection (1) must specify—

(a) the period of time that the holder of the activities licence has to comply with the direction; and

(b) the day on which the Minister intends to enter the land to inspect for compliance with the direction; and

(c) the consequences of not complying with the direction.


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(3) The period of time specified under subsection (2)(a) must not be less than 14 days (or such shorter period as is specified in the case of an emergency) after the date on which the notice is served on the holder.

(4) Any condition of an activities licence that is inconsistent with a direction given by the Minister under subsection (1) is of no effect to the extent that it is inconsistent.

597 Offences relating to directions about activities

(1) The holder of an activities licence must comply with a direction given under section 596(1).


(2) A holder of an activities licence who is given a direction under section 596(1) must give a written notice to the Minister, not later than 14 days after the date for compliance with the direction, advising the Minister as to whether or not the direction has been complied with.



Note


Division 4—Directions about dams

598 References to owner

In this Division—

(a) a reference to the owner of a dam includes a reference to a person who has the management and control of the dam; and


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(b) a reference to the proposed owner of a proposed dam includes a reference to a person who is proposed to have the management and control of the proposed dam.

599 Power to give directions about dams

(1) Subject to subsection (2), the Minister, by written notice served on the owner or proposed owner, may—

(a) direct the owner of any dam to make specified improvements to it, to take specified measures to keep it under surveillance or to remove it; or

(b) direct the proposed owner of any proposed dam to resite it or to build it to specified standards or not to build it.

(2) Any condition of a works licence issued in respect of a dam that is inconsistent with a direction given by the Minister under subsection (1) is of no effect to the extent that it is inconsistent.

(3) The Minister may give a direction under subsection (1) if the Minister decides that the dam or proposed dam, or a flow of water from the dam or proposed dam, is, or is likely to be, hazardous to life or property or the environment because of—

(a) its location or proposed location; or

(b) the nature of its construction or proposed construction.

(4) A notice giving a direction under subsection (1) must specify—

(a) the circumstances that, in the opinion of the Minister, warrant the giving of the direction; and


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(b) the period of time that an owner or proposed owner has to comply with the direction; and

(c) the day on which the Minister intends to enter the land to inspect for compliance with the direction; and

(d) the consequences of not complying with the direction.

(5) The period of time specified under subsection (4)(b) must not be less than 14 days (or such shorter period as is specified in the case of an emergency) after the date on which the notice is served on the owner or proposed owner.

(6) In determining whether or not the construction of a dam is authorised, no account is to be taken of any direction given under subsection (1) or of the fact that any such direction has been complied with.

600 Offences relating to directions about dams

(1) The owner of a dam or the proposed owner of a proposed dam must comply with a direction given under section 599(1).


(2) The owner of a dam or the proposed owner of a proposed dam who is given a direction under section 599(1) must give a written notice to the Minister, not later than 14 days after the date for compliance with the direction, advising the Minister as to whether or not the direction has been complied with.



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Note


601 Exemption from liability in respect of direction

(1) Neither the Minister nor the Crown is liable, only because of the giving or not giving of a direction under section 599(1), in respect of any injury, damage or loss caused by a flow of water from a dam.

(2) Subsection (1) only applies if the Minister acted in good faith in deciding whether or not to give the direction.

(3) In this section a reference to the Minister includes a person acting as a delegate or sub-delegate of the Minister in performing a function or exercising a power under this Division in relation to the giving or not giving of a direction.


602 Power of Minister to do things or carry out work


(a) a person fails to do anything necessary to comply with a direction given under this Part within the time specified in the direction; or

(b) it appears to the Minister to be necessary for work to be carried out urgently on any dam, bore or other infrastructure in the interests of public safety or to prevent the waste, misuse or pollution of water.


(a) do anything that the person is required to do to comply with the direction or may carry out the work, as the case requires; and


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(b) recover the reasonable cost of doing so from the person on whom the direction is served or the owner of the dam, or occupier of a bore or other infrastructure as a debt recoverable summarily.

(3) As soon as possible after the thing is done or the work is carried out under subsection (2), the Minister must give the owner or occupier written notice of—

(a) the thing done or work carried out; and

(b) its cost.

603 Compensation

(1) The owner and occupier of any infrastructure is entitled to be paid compensation for any loss suffered or expenses sustained as a result of—

(a) being directed under section 594(1)(a) to alter infrastructure referred to in section 594(3)(b); or

(b) being directed under section 594(3) to remove infrastructure referred to in paragraph (a) or (b) of that subsection.

(2) Compensation payable under subsection (1) must be paid as follows—

(a) compensation payable under paragraph (a) of that subsection must be paid by an Authority specified by the Minister;

(b) compensation payable under paragraph (b) of that subsection in respect of infrastructure referred to in section 594(3)(a) must be paid by a person, specified by the Minister, who owns land on which the declared collection of water is situated and who benefited from the declaration;


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(c) compensation payable under paragraph (b) of that subsection in respect of infrastructure referred to in section 594(3)(b) must be paid by an Authority specified by the Minister.

(3) The amount of compensation payable under subsection (1) is as agreed by the parties or, in the absence of agreement, as determined by the Authority or other person responsible for its payment.

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CHAPTER 9—FINANCE




(2) This Chapter provides for Authorities to determine fees and charges for the work they carry out and services they provide and infrastructure they construct, install, including how they are to be determined.

(3) This Chapter also provides for—

(a) the Minister to determine certain fees and charges in relation to water entitlements and licences and approvals issued under Chapter 8; and

(b) the payment of contributions by Councils in relation to water management schemes; and

(c) the payment of environmental contributions by water corporations for the purposes of funding initiatives that seek to—

(i) promote the sustainable management of water; or

(ii) address adverse water-related environmental impacts; and

(d) the payment of contributions from one Authority to another Authority in relation to the costs of performing specified functions; and

(e) a statutory basis for the recovery, by Authorities and the Minister, of costs incurred in carrying out work under the Act in cases where another person has not done what is required of them under the Act.


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(a) who is liable to pay the fees or charges determined in accordance with the Chapter; and

(b) who must make the contributions.

(5) This Chapter also sets out how unpaid amounts of money may be recovered.

605 Definitions

In this Chapter—

Chapter 8 authority means—

(a) a works licence; or

(b) an activities licence; or;

(c) an approval under Part 8.5; or

(d) a driller's licence;

concession order has the same meaning as in the State Concessions Act 2004;

owner contribution infrastructure charge—see section 632;

reliability contribution charge—see section 620;

reliability services includes services to secure the delivery of water;

sewage disposal charge means a charge determined under section 607(1) for the provision of the service of disposing sewage from a serviced property;

statutory water rights holder means a person who is authorised to take and use water from a waterway or, by means of a bore, from an aquifer to which that person has access, as provided under section 40(1)(b), (c) or (d);


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vacating occupier means a person whose particulars have been given to an Authority under section 643(1)(c) who vacates or intends to vacate the property in respect of which the particulars have been given;

valuation equalisation factor means a factor determined by the Valuer-General which, when applied to valuations returned at different dates, allows the calculation of different charges so that the amounts payable in respect of properties of equal value are adjusted to compensate for the variations caused by different valuation dates;

water usage charge means a charge determined under section 607(1) for the supply of water to a serviced property for consumption purposes.

606 Extended meaning of rateable land for purpose of Chapter

Despite section 154(2)(a) of the Local Government Act 1989, land which is unoccupied and is property of the Crown is taken to be rateable land for the purposes of this Chapter if any housing on that land is in a habitable condition.

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PART 9.2—AUTHORITY FEES AND CHARGES

Division 1—Fees and charges for work and services

Subdivision 1—Fees and charges in respect of serviced properties

607 Authority may determine fees and charges for work and services

(1) Subject to this Subdivision and Subdivision 2, an Authority may determine fees or charges for work the Authority carries out or the services the Authority provides, in the performance of a function or exercise of a power under this Act or the regulations, in respect of a serviced property within any of the Authority's districts.

(2) An Authority may determine under subsection (1) different fees or charges—

(a) for different properties; or

(b) for different periods.

608 Method of determining fees and charges under section 607

(1) A fee or charge determined under section 607(1) may be—

(a) a specified amount; or

(b) an amount determined according to the extent of use of, or benefit provided from, the service provided; or

(c) part of a scale of fees or charges; or

(d) any combination of amounts referred to in paragraph (a), (b) and (c).

(2) Without limiting subsection (1), a charge determined under section 607(1) in respect of a


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serviced property within a waterway management district of the Authority may also be—

(a) an amount determined according to how the use or development of the property is controlled under a planning scheme; or

(b) an amount determined having regard to—

(i) the valuation of the property in accordance with Subdivision 2; or

(ii) the size of the property; or

(c) any combination of amounts referred to in paragraphs (a) and (b) and subsection (1)(a), (b) and (c).

(3) For the purposes of subsection (2)(b), the amount may be determined using a valuation equalisation factor.

609 Charges for work and services provided in respect of a property that is not rateable land

Without limiting section 607, an Authority may determine a charge under section 607(1) for work the Authority carries out or the services the Authority provides in respect of a property (that is not rateable land) within a waterway management district of an Authority.

610 Serviced properties subject to charges based on valuation of property must be rateable land

An Authority may only determine a charge under section 607(1) in respect of a serviced property within a waterway management district of the Authority on the basis of the valuation of a property if that property is rateable land.


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611 Limits on power of catchment management authorities to determine charges under section 607

A catchment management authority must not determine a charge under section 607(1) in respect of the provision of a service arising out of the exercise of a function under Division 8 of Part 7.5 (other than section 490(b) to (e)).

612 Alternative arrangements for determination of certain Melbourne Water Corporation charges

(1) The Treasurer, after consultation with the Minister responsible for a declared public statutory body, may give approval to Melbourne Water Corporation to levy an amount in place of a charge determined under section 607(1) in respect of a financial year on land owned by the public statutory body that is taken to be rateable land under section 613.

(2) The amount to be levied in accordance with subsection (1) instead of a charge determined under section 607(1) is the amount agreed between the declared public statutory body and Melbourne Water Corporation or, in the absence of agreement, determined by the Treasurer.

(3) An approval may only be given by the Treasurer under subsection (1) on the application of Melbourne Water Corporation.

(4) For the purposes of section 624, an amount to be levied under this section in place of a charge determined under section 607(1) is taken to be a charge determined under section 607(1).

(5) This section applies despite anything to the contrary in this Act.


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Subdivision 2—Valuation of serviced properties for purpose of determining charges

613 Rateable land for the purpose of Melbourne Water Corporation charges

For the purposes of Melbourne Water Corporation determining a charge under section 607(1), land owned by a declared public statutory body that is not used exclusively as a public open space is taken to be rateable land.

614 Valuations

(1) An Authority that determines a charge under section 607(1) on the basis of the valuation of a property may—

(a) use the most recent municipal valuation; or

(b) cause its own valuation to be made by a valuer; or

(c) in the case of Melbourne Water Corporation, use the relevant valuation for the price determination applying at the time of the determination of the charge.


relevant valuation, in relation to a price determination, means the valuation which forms the basis of the charges submitted by Melbourne Water Corporation to the ESC and which is approved in the price determination.

615 Supplementary valuations

(1) An Authority may alter the amount of a charge determined under section 607(1) in respect of a property if a supplementary valuation of the property is made in accordance with section 13DF of the Valuation of Land Act 1960.


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(2) An Authority may request a Council to arrange for a supplementary valuation to be made at the Authority's expense.

(3) The Valuation of Land Act 1960 applies, with any necessary modifications, to a supplementary valuation made at the request of an Authority as if it were a supplementary valuation made in accordance with section 13DF of that Act.

(4) If a supplementary valuation is made during a financial year—

(a) a proportion of the amount of the charge imposed under item 1 of the Table in section 624(1), as altered, is payable for the part of the financial year after the supplementary valuation; and

(b) a proportion of the original amount of the charge imposed under item 1 of the Table in section 624(1) is payable for the part of the financial year before the supplementary valuation.

616 Valuation equalisation factor

An Authority whose district includes parts of more than one municipal district may, if the most recent valuations of properties within those municipal districts were not made in the same year, request the Valuer-General to determine a valuation equalisation factor for each of those municipal districts.

Subdivision 3—Other fees and charges

617 Fees and charges for work and services provided in respect of properties that are not serviced properties

An Authority may determine a fee or charge for any work the Authority carries out for, or services the Authority provides to, a person, in the performance of a function or exercise of a power


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under this Act or the regulations, in respect of a property that is not a serviced property.

618 Water share and take and use licence related fees and charges

(1) An Authority may determine a fee or charge for the following—

(a) water storage services it provides to owners of water shares in relation to water that is or may be taken under a water shares or under water allocations under water shares;

(b) water delivery services it provides to a holder of a take and use licence in relation to water delivered to the holder;

(c) reliability services provided to water entitlement holders.

(2) A fee or charge may be determined under subsection (1)(a) regardless of whether water is available to be taken under a water share or under a water allocation under a water share.

619 Charges for water taken from fire plugs

(1) Without limiting section 607, a water corporation may determine a reasonable charge in respect of water taken from a fire plug fixed to its infrastructure for cleaning sewers and drains.

(2) However, a water corporation must not determine a charge in respect of water taken for fire-fighting purposes from a fire plug fixed to its infrastructure.

620 Reliability contribution charges

(1) This section applies if an applicable water resource management order specifies that a water corporation may determine a charge as provided under this section.


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(2) A water corporation may determine a charge (a reliability contribution charge) for the purpose of recovering its costs in providing reliability services, within an area specified under a water resource management order, for the benefit of statutory water rights holders who are authorised to take and use water from that area.

621 Fees and charges under Ministerial delegation

(1) This section applies if the Minister, under an instrument of delegation under section 867, has delegated to an Authority—

(a) a function or power the Minister may perform or exercise under this Act or the regulations; and

(b) a power of the Minister to determine a fee or charge under this Act or the regulations for anything done in the performance of a function or exercise of a power referred to in paragraph (a).

(2) To avoid doubt, an Authority may determine a fee or charge for anything it does in the performance of a function or exercise of a power delegated to it by the Minister.

(3) An Authority that is acting as a delegate of the Minister in performing a function or exercising a power under this Act or the regulations may—

(a) collect any fee or charge that is authorised under this Act or the regulations to be imposed for the performance of the function or exercise of the power; and

(b) retain the fee or charge that is collected.

(4) For the purposes of subsections (2) and (3), the Authority is taken to perform the function or exercise the power in its own right and not as delegate of the Minister.


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(5) This section applies despite section 9(2) of the Financial Management Act 1994 or any other provision of any Act or rule of law to the contrary.

622 Structure of fees and charges determined under this Subdivision

(1) An Authority may determine under this Subdivision different fees and charges—

(a) for different circumstances; or


(2) A fee or charge determined under this Subdivision may be part of a scale of fees and charges.

Subdivision 4—Notification and imposition of fees and charges under this Division

623 Public notification of Authority fees or charges

(1) An Authority that determines fees or charges under Subdivision 1 or 3 must publish—

(a) in a newspaper circulating generally in the district to which the fees or charges will apply notice of where electronic and paper copies of the fees or charges and the related details may be obtained; and

(b) on its internet site the fees or charges and related details, and notice of where paper copies of those fees or charges may be obtained.


related details means all of the following—

(a) in the case of a charge determined under section 607(1)—

(i) the district in which the services (to which the charges apply) will be provided; and


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(ii) the type of service (to which the charges apply) that will be provided; or

(b) in all cases—

(i) a description of the fees or charges; and

(ii) the period during which the fees or charges apply; and

(iii) the method used to determine the fees or charges.

624 Imposition of Authority fees or charges for work carried out or services provided

(1) An Authority, by written notice, may impose a fee or charge specified in column 1 of the Table, on a person specified in column 2 of the Table opposite that fee or charge.

Table

Column 1

Item

Column 2

Fee or charge

Column 3Person who must pay fee or charge

1 Fee or charge determined under section 607(1) or 609

The owner or occupier (as the case requires) of a serviced property for work the Authority carries out or to whom the Authority provides services in respect of the serviced property

2 Fee or charge determined under section 617

The person for whom the Authority carries out work or to whom the Authority provides services

3 Fee or charge determined under section 618(1)(a)

The owner of the water share


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Column 1

Item

Column 2

Fee or charge

Column 3Person who must pay fee or charge

4 Fee or charge determined under section 618(1)(b)

The holder of a take and use licence to whom water is delivered

5 Fee or charge determined under section 618(1)(c)

The water entitlement holder provided the reliability service

6 Charge determined under section 619(2)

The person taking the water

7 Reliability contribution charge

A statutory water rights holder who may take water from an area specified in a water resource management order in which the Authority provides reliability services

8 Fee or charge determined under section 621(2)

The person for whom the Authority carries out work or to whom the Authority provides a service

(2) A notice under subsection (1) must specify the date by which the fee or charge must be paid.

(3) The date must be—

(a) for—

(i) a fee or charge that is payable on an annual basis, at least 28 days after the date the notice is given to the owner or occupier; or


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(ii) a fee or charge that is payable on a basis that is less than an annual basis, at least 14 days after the date the notice is given to the owner or occupier; and

(b) for any other fee or charge, a date that is after the date of publication of the fee or charge under section 623.

625 Authority fees and charges may be imposed in respect of separate occupancies

(1) An Authority, in respect of a serviced property, may impose fees and charges it determines under section 607(1) in respect of each separate occupancy on that property.

(2) In determining what constitutes a separate occupancy, the Authority must use the relevant principles set out in the Valuation of Land Act 1960.

Subdivision 5—Objections

626 Objection to fees and charges

(1) A person who is aggrieved by the determination of a fee or charge under Subdivision 1 or 3 or the imposition of a fee or charge under section 624 by an Authority may object in writing to the Authority to that determination or imposition.

(2) An objection under subsection (1) must be made within one month after receipt of a demand for payment of the fee or charge.

(3) An objection under subsection (1) may only be on any of the following grounds—

(a) in the case of a charge imposed that is based on a valuation of the land, that the land is not rateable land;

(b) that the person is not liable for the fee or charge;


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(c) that the fee or charge was not determined in accordance with a price determination;

(d) in the case of a fee or charge determined under section 607(1), that the Authority did not give the required notice that the property is a serviced property;

(e) that the fee or charge imposed by the Authority was an incorrect application of the method for determining the fee or charge.

(4) The making of an objection under subsection (1) does not prevent the recovery of any fee or charge or interest due in respect of that fee or charge by an Authority.

(5) A person is not entitled to object under subsection (1) to the determination of a fee or charge or the imposing of a fee or charge under this Part, if the fee or charge is a Basin water charge.

627 Decision on objection

(1) An Authority must, within 2 months after receipt of an objection from a person, notify the person of its decision on the objection.

(2) If an Authority has not notified the person of its decision within 2 months after the objection was made, the Authority must be taken to have notified the person of its decision to overrule the objection at the expiry of the 2 month period.

628 Application for review by VCAT does not prevent recovery of any charge or interest due to Authority

(1) This section applies if a person has applied to VCAT under Part 14.4 for review of an Authority's decision under section 627 or has applied to VCAT for review under section 834.


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(2) The making of an application for review of the Authority's decision does not prevent the recovery of any fee or charge or interest due in respect of that fee or charge by the Authority.


629 Effect of court or VCAT decision to set aside Authority fees and charges

(1) This section applies if a fee or charge determined under section 607(1) or a reliability contribution charge is set aside by—

(a) a court; or

(b) VCAT under section 831 or 834.

(2) The Authority that determined the fee or charge may—

(a) determine a new fee or charge for the particular year, even if the year has ended; and

(b) retain any amount paid to it by a person in respect of that fee or charge on account of any amount payable by that person in respect of the next effective fee or charge that is determined.

Division 2—Owner contributions for infrastructure

Subdivision 1—Preliminary

630 Definition

In this Division—

Authority does not include Melbourne Water Corporation, except where Melbourne Water Corporation is acting under section 632 in the circumstances where items 1, 2, 4 or 5 of the Table in that section apply.


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631 Application of Division

This Division applies in addition to any provision under this Act empowering an Authority to enter agreements to carry out work in the exercise of its functions under this Act.

Subdivision 2—Determination of owner contribution infrastructure charge

632 Authority may require payment in respect of costs of infrastructure

(1) An Authority may determine a charge in relation to a property (an owner contribution infrastructure charge) for the purpose of covering, or contributing to, the present day cost of infrastructure specified in column 3 in relation to the property in the circumstances specified in column 4 in relation to that property.

Table

Column 1Item

Column 2Property

Column 3Infrastructure

Column 4Circumstances

1 A property in the Authority's waterway management district

Infrastructure used for or in connection with or incidental to the carrying out of the Authority's functions under Division 8 of Part 7.5 for that district

In all cases

2 A property in the Authority's waterway management district

Infrastructure used for or in connection with or incidental to the carrying out of the Authority's functions under Division 9 of Part 7.5 for that district

In all cases


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Column 1Item

Column 2Property

Column 3Infrastructure

Column 4Circumstances

3 Any property Infrastructure that is used or will be able to be used directly or indirectly for the provision of services, and any fire plugs attached to that infrastructure

If the Authority intends to provide services that will benefit the property

4 Any property Infrastructure referred to in item 1, 2 or 3

If requested by the owner

5 Any property Infrastructure referred to in item 1, 2 or 3

If the use of any service for which the infrastructure is used increases, or will increase, because of development of the land by the owner or any other change, or proposed change, in the use of the land by the owner

6 A property which becomes a serviced property

Infrastructure that is used or will be able to be used directly or indirectly for the provision of services to the property

In all cases

(2) Despite subsection (1), an Authority must bear any cost that would otherwise, under that subsection, be borne by the Crown in respect of land that—

(a) is used or reserved for a public purpose which specifically benefits the area; and

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(3) In the Table—

fire plugs means fire plugs referred to in section 458(3)(b) that have been or will be installed by an Authority.

633 Owner contribution infrastructure charge must be fair and reasonable

(1) An owner contribution infrastructure charge must be fair and reasonable.

(2) In addition, an Authority must take into account the following in determining the amount of an owner contribution infrastructure charge—

(a) in the case of a charge determined under section 632 in the circumstances set out in item 3 or 4 of the Table in that section, the benefit to the owner's property relative to the benefit to other properties;

(b) in the case of a charge determined under section 632 in the circumstances set out in item 6 of the Table in that section, any owner contribution infrastructure charge that the owner has paid or is liable to pay under section 632 in the circumstances set out in item 3, 4 or 5 of the Table in that section.

Subdivision 3—Notification and imposition of owner contribution infrastructure charge

634 Imposition of owner contribution infrastructure charge

An Authority, by written notice given to an owner of a property specified in column 2 of the Table under section 632, may impose an owner contribution infrastructure charge for present day cost of infrastructure specified in column 3 of that Table in relation to the property.


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635 Form of notice imposing owner contribution infrastructure charge

(1) A notice under section 634 must specify—

(a) the amount of the owner contribution infrastructure charge; and

(b) the date by which the charge must be paid; and

(c) the reason why the owner contribution infrastructure charge is required; and

(d) any infrastructure or services that have been or will be provided; and

(e) the property in relation to which the owner contribution infrastructure charge is required; and

(f) if owner contribution infrastructure charges are being imposed in relation to a group of properties, the amounts of the charges in relation to each property; and

(g) the right of the owner to object under section 637 and to apply for a review under Part 14.4; and

(h) if the owner contribution infrastructure charge has been imposed in a circumstance set out in item 3 of the Table in section 632, that the details of the proposed services and the costs are available for inspection, free of charge, at the Authority's office during normal business hours.Note

See also section 639.

(2) The date specified in a notice under subsection (1)(b) must not be a date that is earlier than 14 days after the date of the notice.


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636 Authority may impose further owner contribution infrastructure charge


(a) an Authority, under section 634, has imposed on any owners of properties an owner contribution infrastructure charge determined in a circumstance set out in item 3, 4, 5 or 6 of the Table in section 632; and

(b) the total amount collected from the owners is not enough to meet the costs in respect of which the charge was imposed.

(2) Subject to this section, the Authority, by written notice given to each owner, may impose a further owner contribution infrastructure charge on each of the owners.

(3) In the case of an item 3 owner contribution infrastructure charge imposed under section 634 following a previous item 3 owner contribution infrastructure charge imposed under that section (the initial infrastructure charge)—

(a) the Authority may impose a further owner contribution infrastructure charge of not more than 20% of the total amount of the initial infrastructure charge on the basis that it is necessary to meet the cost of the infrastructure; and

(b) the total amount of the charge must be fairly distributed over the group of properties that is to receive the service, if there is such a group.

(4) Sections 632 to 635 apply—

(a) to a further owner contribution infrastructure charge under this section as if the further owner contribution infrastructure charge were an owner contribution infrastructure


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charge originally imposed under section 634; and

(b) as if a reference to a notice under section 634 were a notice under this section.


item 3 owner contribution infrastructure charge means an owner contribution infrastructure charge determined in the circumstance set out in item 3 of the Table in section 632.

Subdivision 4—Objections

637 Objections to imposition of owner contribution infrastructure charges

(1) An owner on whom an owner contribution infrastructure charge is imposed under section 634 or 636 may object in writing to the Authority to the imposition of the charge.

(2) A person is not entitled to object under subsection (1) to a charge that is a Basin water charge.

(3) An objection under subsection (1) must be made—

(a) within one month after receipt of a notice under section 634 or 636; or

(b) if the Authority has specified in the notice a longer time, within that time.

(4) An objection under subsection (1) may be on any of the following grounds—

(a) in the case of an applicable owner contribution infrastructure charge imposed under section 634, that the property of the owner will not benefit from the provision of the services;


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(b) if there are several properties that will benefit, that the basis of distribution of the cost between the owners of those properties is unreasonable;

(c) subject to subsection (5), that the amount of the owner contribution infrastructure charge imposed is excessive;

(d) if there are several properties that will benefit—

(i) that an owner of one of the properties on whom an owner contribution infrastructure charge has been imposed should not be required to pay it; or

(ii) that an owner of one of the properties on whom an owner contribution infrastructure charge has not been imposed should be required to pay an owner contribution infrastructure charge;

(e) in the case of an applicable owner contribution infrastructure charge imposed under section 634, that the use of the services has not increased, or will not increase, as the case requires;

(f) that the owner contribution infrastructure charge was not determined in accordance with a price determination;

(g) in the case of an applicable owner contribution infrastructure charge imposed under section 634, any other ground.

(5) For the purposes of subsection (4)(c), an amount of an owner contribution infrastructure charge is not excessive if the charge has been determined consistently with a price determination.


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(6) An objection under subsection (1) does not prevent the recovery of any owner contribution infrastructure charge or interest due in respect of that charge by the Authority.


applicable owner contribution charge means—

(a) for subsection (4)(a), an owner contribution infrastructure charge determined under section 632 in a circumstance set out in item 3 of the Table in that section or item 4 of the Table (to the extent that item refers to infrastructure referred to in item 3) in that section;

(b) for subsection (4)(e), an owner contribution infrastructure charge determined under section 632 in a circumstance set out in item 5 of the Table in that section;

(c) for subsection (4)(g), an owner contribution infrastructure charge determined under section 632 in a circumstance set out in item 3 of the Table in that section.

638 Decision on objection

(1) An Authority must notify the person of its decision on an objection under section 637 within 2 months after receipt of the objection.

(2) If an Authority has not notified the person of the its decision within 2 months after the objection was made, the Authority must be taken to have notified the person of the its decision to overrule the objection at the expiry of the 2 month period.


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639 Details and costs of proposed services and charges to be available for public inspection

An Authority must ensure that details of any proposed services in respect of which an owner contribution infrastructure charge has been determined in a circumstance set out in item 1, 2 or 3 of the Table in section 632, and the charge in respect of each property, are—

(a) published on the Authority's internet site; and

(b) available for inspection, free of charge, at the Authority's office during normal business hours.

640 Notification of change of use

(1) An owner of land who changes, or proposes to change, the use of the land in such a way that the use of any service provided by an Authority increases, or will increase, must notify the Authority of the change, or the proposed change.

Penalty:Level 10 fine (10 penalty units maximum).


(3) A failure of an owner to give notice under subsection (1) does not prevent an Authority from imposing, under section 634, an owner contribution infrastructure charge determined in the circumstance set out in item 6 of the Table in section 632.


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Division 3—Liability to pay Authority fees and charges under Division 1 or 2

Subdivision 1—Owners

641 Liability of owners

Subject to this Division, the owner of any property must pay any fee or charge imposed on them under—

(a) item 1 of the Table in section 624; or

(b) section 634; or

(c) section 636.

Subdivision 2—Occupiers who are not owners

642 Definitions and interpretation

In this Subdivision, the following terms have the meaning given by section 3(1) of the Residential Tenancies Act 1997—

(a) caravan park;

(b) Part 4A site;

(c) resident;

(d) site;

(e) site tenant;

(f) tenancy agreement;

(g) tenant.

643 Liability of occupiers

(1) The occupier of property is liable for any water usage charge or sewage disposal charge imposed in respect of the property if—

(a) the property is—

(i) let to a tenant under a tenancy agreement; or


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(ii) a site in a caravan park occupied by a resident of the caravan park; or

(iii) a Part 4A site occupied by a site tenant; and

(b) the amount of water supplied to the property is measured by a meter provided or installed by a water corporation that only measures that amount; and

(c) the owner of the property has notified the water corporation that the property is so occupied or is such a site and has given the water corporation the particulars of the occupier required by the water corporation; and

(d) the water corporation has recorded the reading on the meter measuring the amount of water supplied to the property as a result of a notice under paragraph (c).

(2) The water corporation must ensure that the reading on the meter measuring the amount of water supplied to the property is recorded as follows (whichever occurs last)—

(a) within 48 hours after the water corporation is given notice under subsection (1)(c);

(b) as soon as possible after the water corporation is given notice under subsection (1)(c).

644 Liability of persons vacating a property

(1) A vacating occupier may—

(a) notify the water corporation of the vacation or intended vacation of the property; and

(b) request the water corporation to read the meter supplying water to the property.


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(2) The water corporation must ensure that the reading on the meter measuring the amount of water supplied to the property is recorded as follows (whichever occurs last)—

(a) on the day the vacating occupier vacates the property;

(b) as soon as possible after the day referred to in paragraph (a);

(c) within 48 hours after the water corporation is given a notice under subsection (1);

(d) as soon as practicable after the water corporation is given notice under subsection (1).

(3) The vacating occupier is taken to cease to be the occupier of the property for the purposes of section 643(1) on the reading of the meter under subsection (2).

(4) If a vacating occupier does not notify the water corporation under subsection (1), the vacating occupier is liable for the cost of all water supplied to the property and all sewage disposed from the property until whichever of the following happens first—

(a) the water corporation next records the reading on the meter;

(b) the end of the billing period in which the vacation occurred.

(5) The owner of a property is liable for any water usage charge or sewage disposal charge imposed in respect of the property for the period beginning when the vacating occupier ceases to be the occupier.


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Subdivision 3—Owners corporations

645 Definitions and interpretation

(1) In this Subdivision the following terms have the meaning given by section 3(1) of the Subdivision Act 1988—

(a) land affected by an owners corporation;

(b) lot;

(c) lot affected by an owners corporation;

(d) lot liability;

(e) owners corporation;

(f) subdivision.

(2) In addition, common property has the same meaning as it has in the Subdivision Act 1988.

646 Liability of owners corporation for fee or charge for services provided to subdivision

(1) Subject to this Subdivision, an owners corporation of a subdivision to which a service of water supply or sewage disposal is provided is liable to pay the following fees or charges imposed by a water corporation under item 1 of the Table in section 624(1) for the provision of that service—

(a) fees or charges in respect of the land affected by the owners corporation;

(b) fees or charges in respect of the common property, or any part of the common property, affected by the owners corporation.

(2) The liability imposed by subsection (1) does not relieve any other person from liability to pay a fee or charge imposed under item 1 of the Table in section 624(1) on, and any other fees or charges payable by, that person.


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647 Apportionment of amount to be paid

(1) A water corporation may apportion the amount of a fee or charge for which the owners corporation would otherwise be liable under section 646 between the lots affected by the owners corporation.

(2) A water corporation may make an apportionment under this section on the basis of—

(a) the number of lots affected by the owners corporation; or

(b) the lot liability of each lot affected by the owners corporation; or

(c) the amount of water used at each lot as measured by the meter installed for the lot; or

(d) a combination of the methods set out in paragraphs (a), (b) and (c).

(3) If a water corporation is requested under section 648 to use a basis, or combination of bases, under subsection (2) to apportion an amount to which an owners corporation would otherwise be liable in respect of amounts payable, the water corporation must use that basis, or combination of bases, in apportioning an amount under subsection (1).

(4) In making an apportionment under subsection (1) on a request under section 648, a water corporation may make the apportionment on information given to it by the owners corporation as part of the request.

(5) The owners of each lot to which an amount of a fee or charge is apportioned under subsection (1) are liable to pay the apportioned amount.


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648 Owners corporations may request specified basis for apportionment of amounts of a fee or charge

(1) An owners corporation may request, in writing, a water corporation to use any, or a combination, of the bases set out in section 647(2) when apportioning amounts under that subsection.

(2) A request for a water corporation to use the basis for apportionment set out in section 647(2)(b) must give details of lot liability for each lot affected by the owners corporation.

(3) A request for a water corporation to use the basis for apportionment set out in section 647(2)(c) must specify each lot to which the request relates.

(4) If a change in lot liability of any lot affected by an apportionment of amounts under section 647(2) occurs, the owners corporation that requested that apportionment on the basis of lot liability must give written notice to the water corporation of that change as soon as possible after it occurs.

649 Owners corporation liability where there is more than one owners corporation


(a) a subdivision has more than one owners corporation; and

(b) a water corporation considers it impracticable to determine how much water is supplied to the land affected by each owners corporation.


(a) for the purpose of section 646, treat one of those owners corporations as being the only owners corporation for the subdivision; and


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(b) for the purpose of section 647(2), apportion the amount for which that owners corporation would otherwise be liable between all the lots in the subdivision.

Subdivision 4—Other persons

650 Fees and charges (other than fees and charges determined under section 607) payable by persons

Subject to this Division, a person on whom a fee or charge is imposed under items 2 to 8 of the Table in section 624(1) must pay the fee or charge.

651 Person who becomes owner of a property liable for outstanding Authority fees and charges related to property

(1) A person who becomes the owner of a property must pay to the Authority at the time the person becomes the owner of the property any amount that is, under section 663(2), a charge on that property.

(2) Any liability that the previous owner of the property had to pay that amount is extinguished when they are no longer the owner of that property.

652 Person who becomes owner of a water share liable for outstanding Authority fees and charges related to share

(1) A person who becomes the owner of a water share must pay to the Authority at the time the person becomes the owner of the water share any amount that is, under section 664(2), a charge on the water share.

(2) Any liability that the previous owner of the water share had to pay that amount is extinguished when they are no longer the owner of that water share.


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Subdivision 5—Payment arrangements

653 Payment of fees and charges determined under Subdivision 1 or 3 of Division 1

(1) This section applies if an owner or occupier of a property is given a notice under section 624(1).

(2) Subject to section 655, the owner or occupier must pay the fee or charge specified in the notice by the date specified in the notice.


(a) the Authority allows the owner or occupier to pay the fee or charge by instalments; and

(b) the owner or occupier chooses to pay the amount by instalments in accordance with section 655.

654 Payment of owner contribution infrastructure charges

(1) This section applies if an owner of a property is given a notice under section 634 or 636.

(2) The owner must pay the owner contribution infrastructure charge imposed under a notice under section 634 by the applicable date specified in the Table unless the owner chooses to pay the charge by instalments in accordance with section 655.Note

See also section 626(2).


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Table

Column 1Item

Column 2If the following occurs...

Column 3the payment is due...

1 there have been no objections to a notice

by the date that is set by the Authority and that is after the expiry of one month after the receipt of the notice

2 each person to whom a notice was given agrees in writing not to object to the notice

by the date that is set by the Authority and that is after the date of the last of those agreements

3 there are objections to a notice

by the date that is set by the Authority and that is after each person who objected has been notified by the Authority of its decision on any objections made

4 any person to whom a notice was given does not agree in writing not to object

by the date that is set by the Authority and that is after each person who did not agree in writing not to object, has been notified by the Authority of its decision on any objections made

(3) The owner must pay the owner contribution infrastructure charge imposed under a notice under section 636 by the date that is specified in the notice imposing that charge unless the owner chooses to pay that charge by instalments in accordance with section 655.


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655 Payment of fees or charges by instalments

Subject to section 656, a person on whom a fee or charge is imposed under Division 1 or 2 may choose to pay the amount of the fee or charge by instalments if the Authority has arrangements in place for the payment of the fee or charge in that manner.

656 Instalment payment arrangements

(1) An Authority—

(a) must allow any fee or charge it imposes under Division 1 on an annual basis to be paid by instalments; and

(b) may allow any other fee or charge it imposes under Division 1 or 2 to be paid by instalments.

(2) For the purpose of subsection (1), an Authority must—

(a) specify the number and intervals of the instalments by which the fee or charge must be paid; and

(b) comply with any ESC code that provides for the payment of fees and charges under this Act by instalments.

657 Deferred payment of charges

(1) A person may apply to an Authority for a deferral of the payment of a fee or charge imposed on the person under Division 1 or 2 and any interest payable for late payment.

(2) On receiving an application under subsection (1), an Authority may, in accordance with the regulations, defer payment of the whole or a specified part of the fee or charge, and any interest payable on the fee or charge, (a deferred amount) for a specified period.


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(3) An Authority may, in accordance with the regulations, require a person to pay all or a specified part of a deferred amount, together with any specified interest (at the appropriate rate fixed under section 695) on the deferred amount.

658 Waiver of payment of fees and charges

(1) A person may apply to an Authority for a waiver of the whole or a part of a fee or charge imposed on the person under Division 1 or 2, or any or part of any interest payable for late payment of the fee or charge (an applicable amount).

(2) Subject to subsection (3), on receiving an application under subsection (1), an Authority—

(a) must, in accordance with an order under section 659, waive all or a part of an applicable amount if the order requires the waiver of the applicable amount or any part of that amount; and

(b) in any other case may waive an applicable amount or any part of an applicable amount.

(3) An Authority must apply a concession to any applicable amount in accordance with a concession order before waiving any or part of an applicable amount under this section.

659 Minister may specify circumstances for waiver of payment of fee or charge

(1) The Minister, by order published in the Government Gazette, may make provision for or with respect to specifying circumstances in which, the manner in which and the extent to which an Authority must waive all or part of any fee or charge imposed on a person under Division 1 or 2 and any interest payable for late payment.

(2) The Minister must consult with the Treasurer before making an order under subsection (1).


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(3) An order under subsection (1) may—

(a) confer a discretionary authority or impose a duty on the Commissioner of State Revenue; and

(b) require any matter affected by the order to be approved by or to the satisfaction of the Commissioner of State Revenue.

(4) An order under subsection (1) must not be inconsistent with any concession order.

660 Concessions

An Authority, on the application of a person entitled to so apply under a concession order in relation to any amount due to the Authority under this Act, must, in accordance with that concession order, apply a concession to that amount.

661 Reimbursement by State of certain amounts waived by an Authority

(1) The Minister must ensure that an Authority is reimbursed by the State any amount the Authority forgoes in applying a concession under section 660 that is prescribed.

(2) The Commissioner of State Revenue is authorised to pay any amounts required to be reimbursed under subsection (1).

(3) An Authority must provide any information that the Minister or the Minister administering Part 7 of the Financial Management Act 1994 may require for the purposes of subsection (1).

662 Alternative billing arrangements

At the written request of the person liable to make a payment to an Authority, the Authority may send the notice requiring the payment to a person specified in the request.


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Subdivision 6—Recovery

663 Recovery of amounts due to an Authority

(1) Any amount due to an Authority under this Act in relation to a property, a water entitlement or a Chapter 8 authority (including interest) is a debt due to the Authority by the person liable to pay the amount and may be recovered in any court of competent jurisdiction.

(2) Unless an ESC code otherwise provides, an amount that is liable to be paid by a person under subsection (1) and that relates to a property owned by the person is a charge on that property.

(3) Subsection (2) applies whether or not the Authority has agreed to—

(a) defer the payment of the whole or any part of that amount; or

(b) accept payment of the whole or any part of that amount by instalments.

664 Fee or charge to be a charge over the water share and ranks before any mortgage over the water share

(1) This section applies if a person is liable to pay a fee or charge determined by an Authority under section 618(1)(a).

(2) The amount due is a charge on the water share, (whether or not the Authority has agreed to defer the whole or a part of the payment of the amount) that ranks before any mortgage over the water share.


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665 Recovery as between owner and occupier of fees and charges


(a) an Authority recovers—

(i) any fee or charge imposed under Division 1 or 2 from an owner of land; or

(ii) any amount in respect of a licence from an owner who is the licence holder; and

(b) the owner has an agreement with the occupier that the occupier would pay the fee or charge, or amount.

(2) The owner may recover from the occupier, as a debt due to the owner, the amount paid to the Authority by the owner in any court of competent jurisdiction.

(3) For the purposes of this section, the owner has the burden of proving that the occupier had agreed to pay the fee or charge.

Division 4—Contributions from, and charges imposed on, bulk entitlement holders

666 Determining Authority may require contribution from bulk entitlement holders to recover Part 4.9 costs

A determining Authority, by written notice, may require a bulk entitlement holder that takes water from a relevant water system under that entitlement to pay to the determining Authority a contribution for the purpose of covering that determining Authority's costs in performing functions and exercising powers under Part 4.9.


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667 Authority may require contribution from bulk entitlement holders for performing functions and exercising powers

An Authority, by written notice, may require a bulk entitlement holder that takes water from a water system under that entitlement to pay to the Authority a contribution for the purpose of covering that Authority's costs in performing functions and exercising powers under a water resource management order in relation to that water system.

668 Water corporation may charge bulk entitlement holder for storage and delivery related services

(1) A water corporation that has the function under section 455(1)(a), by written notice, may impose on a bulk entitlement holder a charge related to the operation and maintenance, by the corporation, of infrastructure and related systems—

(a) for the storage of water that is available to be taken by the holder under a bulk entitlement; or

(b) associated with delivery, or securing the delivery of, water for that bulk entitlement.

(2) A charge imposed under subsection (1) is for the period specified in the notice.

669 Bulk entitlement holder must pay contribution or charge within 28 days after receiving notice of it

A bulk entitlement holder that receives a notice under this Division must pay to the Authority, or water corporation, the contribution required, or charge, that has been imposed within 28 days after receiving the notice.


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670 Agreements with respect to collection of charges

(1) Melbourne Water Corporation may enter into an agreement with a water corporation, a Council or any other person (a collection agent) with respect to the collection by that collection agent, on behalf of Melbourne Water Corporation, of any of the following due to Melbourne Water Corporation under this Act—

(a) any charges it imposes under Division 1 or 2;

(b) interest;

(c) any other money.

(2) A water corporation must collect, on behalf of Melbourne Water Corporation, charges, interest and other money referred to in subsection (1) that relate to the drainage functions of Melbourne Water Corporation under Divisions 8 and 9 of Part 7.5 on the terms and conditions—

(a) agreed with Melbourne Water Corporation; or

(b) in default of agreement, determined by the ESC.

(3) A Council must collect, on behalf of Melbourne Water Corporation, charges, interest and other money referred to in subsection (1) that relate to the municipal district of the Council on the terms and conditions—

(a) agreed with Melbourne Water Corporation; or

(b) in default of agreement, determined by the ESC.


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(4) A person who receives a notice from a water corporation, a Council or any other person under subsection (1) must pay the amount set out in the notice to the water corporation, Council or person (as the case requires).

671 Application of payments made to water corporations

(1) This section applies to—

(a) any money paid to a water corporation by or on behalf of a person, and to which an agreement under section 670 applies; or

(b) any money collected by that corporation, on behalf of the rating authority, under an agreement entered into under section 30O of the Conservation, Forests and Lands Act 1987.

(2) The money paid to, or collected by, the water corporation must be applied by the water corporation as follows—

(a) first, towards any amount owing to the corporation by the person in respect of any water usage charge or any other fee or charge imposed by that corporation;

(b) secondly, towards any amount owing to the rating authority by that person that is being collected by the corporation on behalf of the rating authority;

(c) thirdly, towards any amount owing to Melbourne Water Corporation by that person that is being collected by the corporation on behalf of Melbourne Water Corporation.


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(3) Any dispute arising between a water corporation and the rating authority or Melbourne Water Corporation over the application of any money under subsection (2) may be referred to the Treasurer by any party to the dispute. The decision of the Treasurer on the matter is binding on the parties.


rating authority means the rating authority within the meaning of Division 3 of Part 4 of the Conservation, Forests and Lands Act 1987.

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PART 9.3—MINISTERIAL FEES AND CHARGES AND REQUIRED PAYMENTS

Division 1—Fees and charges

672 Ministerial fees or charges in relation to water entitlements and Chapter 8 authorities

The Minister may determine any one or more of the following—

(a) a fee for—

(i) monitoring the carrying out of, and managing the impacts arising out of, activities authorised under a water entitlement or Chapter 8 authority; or

(ii) carrying out activities to monitor and ensure compliance with this Act by persons carrying out an activity referred to in subparagraph (i);

(b) an annual charge in respect of a works licence which authorises the operation of a specified dam;

(c) a fee for the monitoring of, and managing, stream flows in waterways and groundwater levels for the purpose of managing the water available to be taken by water entitlement holders and statutory water rights holders.

673 Structure of Ministerial fees and charges in relation to water entitlements and Chapter 8 authorities

(1) The Minister may determine under section 672 different fees and charges—

(a) for different circumstances; or


(2) A fee or charge determined under section 672 may be part of a scale of fees and charges.


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(3) An annual charge referred to in section 672(b) may be determined by reference to the surveillance of the specified dam by the Minister, the procedures for management of dam safety or any other operations or work required for the dam.

674 Imposition of Ministerial fees and charges in relation to water entitlements and Chapter 8 authorities

The Minister, by written notice, may impose a fee or charge determined under section 672 on the holder of the water entitlement or Chapter 8 authority in relation to which the Minister determines the fee or charge.

675 Liability of person who receives notice under Division 1

A person who receives a notice under section 674 must pay to the Minister the fee or charge that has been imposed within 28 days after receiving the notice.

Division 2—Infrastructure related payments

676 Minister may require payment of certain infrastructure related payments

(1) The Minister may require the owner of any land to make a payment or a number of payments to meet or contribute to the cost of any infrastructure or measures where—

(a) the owner is using water on the land for the purposes of irrigation and—

(i) the annual use limit for the water use licence under which the water is being used has been increased; or

(ii) the water use licence has been amended to permit water to be used on the land at a different place; or


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(iii) a new water use licence has been issued to the owner of the land authorising the use of water on the land for the purposes of irrigation; and

(b) the infrastructure or measures are to off-set the effect of the impact of the change in use, as specified in paragraph (a), on the environment.

(2) A payment that is required to be made under subsection (1), may be made by the payment of the full amount in one lump sum or, where so agreed by the Minister and the owner of the land, by way of instalments.

(3) The Minister must give written notice of a requirement made under this section.

(4) A notice under this section must specify—

(a) the amount of the payment or payments that are required; and

(b) the date on which the payment, or each payment (as the case requires) falls due, including (where the payments are to be made by instalments) the date on which each instalment falls due; and

(c) the reason why the payment or payments are required; and

(d) the infrastructure or measures that are being or are to be carried out; and

(e) the property in relation to which the payment or payments are required; and

(f) if the payment or payments are required in relation to a group of properties, the amounts required in relation to each property.


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Division 3—Recovery

677 Amounts due to Minister

Any amount due to the Minister under this Act in relation to a property, a water entitlement or a Chapter 8 authority (including interest) is a debt due to the Crown by the person liable to pay the amount and may be recovered in a court of competent jurisdiction.

678 Recovery of fees and charges by Minister

(1) An amount that relates to a property that is liable to be paid under section 677 by a person who is the owner of that property is a charge on that property.

(2) Subsection (1) applies whether or not the Minister has agreed to defer the payment of the whole or any part of that amount.

679 Liability of person who acquires property to pay Ministerial fees

A person who becomes the owner of a property must pay to the Minister at the time the person becomes the owner of the property any amount that is, under section 678(1), a charge on that property.

680 Recovery as between owner and occupier of amounts in respect of licences

(1) This section applies if the Minister recovers any amount in respect of a licence from an owner of land who is the licence holder, and the owner has an agreement with the occupier that the occupier would pay the amount.

(2) The owner may recover from the occupier, as a debt due to the owner, the amount paid to the Minister by the owner in any court of competent jurisdiction.


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(3) For the purposes of this section, the owner has the burden of proving that the occupier had agreed to pay the amount.

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PART 9.4—COUNCIL AND AUTHORITY AND ENVIRONMENTAL CONTRIBUTIONS

Division 1—Contributions from Councils and other Authorities

681 Pre-requisites for requirement of contribution

(1) An Authority that proposes to require a contribution under section 682(1) or a special contribution under section 683(1) must publish notice of its intention in a newspaper circulating in the area affected.

(2) The notice must—

(a) invite written comments on the proposal; and

(b) specify that the comments may be made within 60 days after the publication of the notice.

(3) Any comment that is received within 60 days after the publication of the notice must be considered by the Authority.

(4) If the Authority decides to require the contribution it must notify the Minister and send to the Minister all comments received by it.

(5) If the Minister approves the proposed requirement, the Authority may proceed under section 682 or 683.

(6) The Minister must not approve a requirement for a contribution to be made by a Council unless the Minister has first consulted with the Minister administering the Local Government Act 1989.

(7) This section only applies to a contribution required from another Authority or a Council under section 682 if the Authority has not previously required a contribution for that purpose


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from the other Authority or the Council under that section.

682 Authorities may require contributions from Councils and other Authorities

(1) Subject to section 681, an Authority (the charging Authority) that is responsible for a water management scheme or that has a waterway management district, by written notice, may require any of the following to contribute to the revenue of the charging Authority—

(a) any Council whose municipal district is wholly or partly within—

(i) an area covered by that water management scheme; or

(ii) the charging Authority's waterway management district; or

(b) any Authority that has a district under this Act that is wholly or partly within—

(i) an area covered by that water management scheme; or

(ii) the charging Authority's waterway management district.

(2) The contribution payable by a Council or an Authority must be calculated in accordance with the regulations.

(3) A Council that receives a notice under subsection (1)—

(a) may rate the properties that are common to both districts or the district and the area, or determine a charge for them (as the case requires); and

(b) must pay to the charging Authority the contribution required, less a charge of not more than 5% for collecting the money.


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(4) An Authority that receives a notice under subsection (1) must pay to the charging Authority the contribution required, less a charge of not more than 5% for collecting the money.

(5) The charging Authority may charge the Council or Authority interest (at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983) if the contribution is not paid by the date specified in the notice as the due date.

(6) The provisions of the Local Government Act 1989 about rates apply to a rate made under subsection (3)(a), and the Council is authorised to make the payment required under subsection (3)(b).

(7) A Council may prepare a separate budget to allow for contributions under this section.


water management scheme means a scheme approved under section 403.

683 Authorities may require special contributions

(1) Subject to section 681, an Authority (the charging Authority) that has a waterway management district, by written notice, may require any of the following to make a special contribution to the charging Authority's revenue for the purposes, related to that district, specified in the notice—

(a) any Council whose municipal district is wholly or partly within the charging Authority's waterway management district to which the special contribution applies;

(b) any Authority that has a district under this Act that is wholly or partly within the charging Authority's waterway management


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district to which the special contribution applies.

(2) The special contribution payable by a Council or an Authority must be calculated in accordance with the regulations.

(3) Section 682(3), (4), (5), (6) and (7) apply to a special contribution with any necessary modifications.

(4) A charging Authority must not spend the money received under this section for any purposes other than those specified in the notice.

684 Authority may require contribution from other Authorities for things done during water shortages

(1) This section applies if a water shortage derogation order specifies that an Authority may require a contribution as provided under this section.

(2) An Authority (the charging Authority), by written notice, may require another Authority to pay to it a contribution for the purpose of covering the costs of the charging Authority in doing any of the following—

(a) monitoring the impacts of any temporary qualification of rights under section 60 or any other matter specified in a water shortage derogation order;

(b) carrying out work to mitigate any adverse effect or the risk of an adverse effect of any temporary qualification of rights under section 60 or any other matter specified in a water shortage derogation order;

(c) changing operating arrangements under a water shortage derogation order.

(3) An Authority that receives a notice under subsection (2) must pay to the charging Authority the required contribution.


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685 Authorities may impose charges on other Authorities for managing and controlling recreational areas

(1) An Authority that has the management and control of a recreational area (the charging Authority), by written notice, may require another Authority to pay to it a contribution for the purpose of covering the costs the charging Authority incurs in performing functions in respect of the management and control of the recreational area.

(2) An Authority that receives a notice under subsection (1) must pay to the charging Authority the required contribution.

Division 2—Environmental contributions

686 Obligation to pay environmental contributions

Each water corporation must pay into the Consolidated Fund, in respect of each financial year in respect of which an environmental contribution order is made, the amount—

(a) that is calculated by reference to the revenue of the corporation; and

(b) that is determined in accordance with the order.

687 Purpose for the collection of environment contributions

Each environmental contribution paid by a water corporation is collected for the purposes of funding initiatives that seek to—

(a) promote the sustainable management of water; or

(b) address adverse water-related environmental impacts.


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688 Environmental contribution order

(1) The Minister, by order published in the Government Gazette, for the purposes of section 686, may specify—

(a) the period to which the order relates (which must not be more than 4 years); and

(b) the revenue or the class or classes of revenue that are to be used in the calculation of the amount under section 686, being—

(i) revenue that is derived from the provision of services by the water corporation, other than recycled water supply services; and

(ii) revenue that is derived from a period, as determined by the Minister and specified in the order, that precedes the period to which the order relates; and

(c) for each financial year to which the order relates, the percentage or percentages of the revenue specified under paragraph (b) that are to be used in calculating the amount to be paid under section 686; and

(d) any water corporation that is exempt from the requirement to pay an amount under section 686 in any financial year to which the order relates, and the reasons for giving any such exemption; and

(e) for each financial year to which the order relates, the total amount being raised under section 686; and

(f) the nature of projects or programs to which the amount being raised under section 686 is proposed to be applied; and


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(g) for each financial year to which the order relates, the arrangements for the payment of the amount under section 686 within that year.

(2) A percentage of the revenue specified under subsection (1)(c) that are to be used in calculating the amount to be paid under section 686 may vary in accordance with the nature of the service to which the revenue relates or the nature of the water corporation that is to pay the amount.

(3) In making an order under this section, the Minister must have regard to the following—

(a) the purposes set out in section 687 for which each environmental contribution is collected;

(b) the ability of all water corporations or any particular water corporation to make an environmental contribution;

(c) any amount that any particular water corporation has spent or will spend on funding initiatives that are consistent with the purposes set out in section 687;

(d) the conclusions reached as a result of any review completed under section 690.

(4) Despite anything to the contrary in section 27 of the Interpretation of Legislation Act 1984, an order made under this section can only be amended to correct a typographical error or a mathematical miscalculation (or anything stemming from a mathematical miscalculation) or any other error that is apparent on the face of the order.


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689 Annual reporting of details of the expenditure of all money paid as environmental contributions

(1) The Minister must, within 3 months after the end of each financial year in respect of which a water corporation pays an environmental contribution, prepare a report setting out details of the expenditure of all money paid as environmental contributions by water corporations in that financial year.

(2) The report must be included in the Department's annual report of operations for that financial year under Part 7 of the Financial Management Act 1994.

690 Review of the operation of this Division

The Department Head must, on or before the end of each period to which an environmental contribution order relates, complete a review of the operation of this Division and report to the Minister on the conclusions reached as a result of that review.

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PART 9.5—AUTHORITY AND MINISTERIAL WORK COSTS

691 Definition

In this Part—

recoverable work means—

(a) a thing done by an Authority under section 364(7), 366(1), 395(2), 396(2), 413 or 786(2)(a) or (b); or

(b) a thing done by an Authority in making a decision under section 504(7)(a) or 758; or

(c) a thing done by a water corporation under section 460(7), 470(2)(a) or 482(6)(a); or

(d) a thing done by the Minister under section 602(2)(a).

692 Notice to pay cost for recoverable work


(a) a person has not done what is required of them under the Act; and

(b) the failure to do so has resulted in an Authority, a water corporation or the Minister, doing recoverable work.

(2) The Authority, water corporation or Minister, on completing the recoverable work, by written notice, may require the person to pay the costs incurred by the Authority, water corporation or Minister, in doing the recoverable work.


(a) itemise the recoverable work done; and

(b) specify the amount the person is required to pay for each item of recoverable work done; and


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(c) specify the total amount the person is required to pay; and

(d) specify the period within which the specified amount must be paid.

(4) The period specified in a notice under subsection (2) must not be less than 28 days.

693 Persons who receive notice to pay costs for recoverable work must pay specified amount

A person who receives a notice under section 692(2) must pay the total amount specified in the notice within the period specified in the notice.

694 Application of certain provisions of this Chapter to recoverable work payments

(1) Sections 655, 657, 658 and 663 apply to the total amount specified in a notice under section 692(2)—

(a) as if—

(i) a reference in those sections to an owner, occupier or person were a reference to the person given a notice under section 692(2); and

(ii) a reference to a fee or charge or amount were a reference to the total amount specified in a notice under section 692(2); and

(iii) a reference to an Authority were a reference to the Authority, water corporation or the Minister that issued the notice under section 692(2); and

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(2) In addition, section 665 applies to the total amount specified in a notice under 692(2)—

(a) as if—

(i) a reference in that section to an owner were a reference to the person given a notice under section 692(2); and

(ii) a reference to a charge were a reference to the total amount specified in a notice under 692(2); and

(iii) a reference to an Authority were a reference to the Authority, water corporation or the Minister that issued the notice under section 692(2); and


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Division 1—Interest charges

695 Interest on unpaid money

(1) Any money due to an Authority under this Act or a specified agreement, or to the Minister, accrues interest at a rate fixed by the Authority or the Minister from the date that the money becomes due until the date that it is paid.

(2) The rate fixed by an Authority or the Minister for the purposes of subsection (1) must not be more than the rate (the maximum rate) fixed for the purposes of that subsection under section 697.

(3) If the Authority or the Minister sets a new rate for the purposes of subsection (1), the new rate—

(a) takes effect on the date set by the Authority or Minister; and

(b) applies from that date to all money (other than interest) owing to the Authority or Minister on that date.


specified agreement means an agreement between an Authority and an owner or occupier of land for the supply or delivery of water for use on that land, or discharge of sewage or trade waste.

696 When is no interest payable on unpaid money

No interest is payable—

(a) in respect of a fee or charge imposed under section 624 if the fee or charge is paid within the period after notice of the determination of the fee or charge is published under section 623; or


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(b) if the person liable to pay the fee or charge has arranged with the Authority for payment by instalments of the amount of the fee or charge due, and any instalments that have become due have been paid.

697 Minister may fix maximum rate for interest on unpaid money

(1) The Minister, by notice published in the Government Gazette, may fix a maximum rate for the purposes of section 695(1).

(2) A rate may be fixed under subsection (1) by reference to—

(a) different Authorities or classes of Authority; or

(b) different classes of person who are liable to pay a fee or charge in accordance with this Chapter;

(c) different classes of fee or charge that are payable in accordance with this Chapter.

(3) In fixing a rate under subsection (1) in respect of money due to an Authority, the Minister must have regard to the maximum rate of interest that may be charged that has been recommended by the ESC, if any.

Division 2—Sale of water shares to recover unpaid amounts

698 Disposal of water shares for unpaid contributions, fees and other amounts

(1) An Authority may sell, or cause to be transferred to itself, any water share in relation to which any fee or charge imposed under section 624 has been due to the Authority and unpaid for at least 3 years.


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(a) the fee or charge has been waived; or

(b) the fee or charge has been deferred for the period for which it is unpaid; or

(c) the person liable to pay has arranged with the Authority for payment by instalments of the amount due, and all instalments that have become due have been paid; or

(d) the person liable to pay is not the owner of the water share.

(3) An Authority must not sell the water share or cause it to be transferred unless it has, at least once in the 3 years, tried to recover the money due to it.

(4) An Authority must pay, for a transfer of a water share under subsection (1), an amount equal to or greater than a valuation of the water share that is made by a valuer not more than 6 months before the date of the proposed transfer.

(5) An Authority must, in selling a water share under subsection (1), sell the share for an amount equal to or greater than a valuation of the share that is made by a valuer not more than 6 months before the date of the proposed sale.

(6) At least 4 weeks before selling any share, or causing it to be transferred, under subsection (1), the Authority must—

(a) give public notice of its intention to do so; and

(b) serve, on any person who appears from the water register to be the share owner or a mortgagee or a holder of a limited term transfer recorded on the water share, a notice


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requiring payment of any outstanding amounts referred to in subsection (1).

(7) The Registrar may record a transfer of a water share by an Authority under this section if the transfer is in a form approved by the Registrar.

699 Application of proceeds

(1) An Authority that sells a water share, or causes it to be transferred, under section 698 must apply the proceeds of the sale, or the amount for which the share was transferred, as follows—

(a) first, in payment of all expenses incurred in connection with the sale or transfer;

(b) secondly, in payment of the outstanding fees or charges, including interest;

(c) thirdly, in discharging any recorded mortgages of which the Authority has notice, according to the priority of those mortgages.

(2) The Authority must, if the owner of the water share can be traced, refund to the owner any surplus after all payments have been made that subsection (1)(a), (b) and (c) apply to.

(3) If the owner cannot be traced, the Authority may retain and use any surplus after all payments have been made that subsection (1)(a), (b) and (c) apply to.

700 Sale or transfer cancels encumbrances

(1) When an Authority sells a water share, or causes it to be transferred, under section 698—

(a) the sale or transfer is free from all rights of the owner of the water share or any mortgagee over the water share; and

(b) the Registrar must, when recording the transfer, cancel any recorded mortgages on the water share.


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(2) The application of this section to the sale or transfer of water share is not to be taken to affect the rights of any holder of a limited term transfer under the water share.


701 Inspection of rate records

(1) A person authorised by Melbourne Water Corporation may, at any reasonable time and without charge, inspect, and take a copy of an entry in or make an extract from, any valuation or rate records of any Council the municipal district of which is wholly or partly within the waterway management district of Melbourne Water Corporation.

(2) A person having custody of the valuation or rate records of a Council must not, when required to do so by an authorised person exercising a power under subsection (1), fail to produce those records for inspection or fail to allow the authorised person to take a copy of or make an extract from those records.

Penalty:Level 10 fine (10 penalty units maximum).


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CHAPTER 10—ECONOMIC REGULATION OF WATER SERVICES


702 Non-application to Basin water charges

This Chapter does not apply to any approving or determining of a Basin water charge.

Note

A Basin water charge is approved or determined under the Murray-Darling Basin Act 1992.

703 Application of Essential Services Commission Act 2001

(1) For the purposes of the Essential Services Commission Act 2001—

(a) this Act is relevant legislation; and

(b) the regulated water industry is a regulated industry.

(2) For the purposes of the definition of regulated industry in the Essential Services Commission Act 2001, the regulated water industry is taken to be operating under this Act.

704 Objectives of the ESC

The objectives of the ESC under this Chapter in relation to the regulated water industry are—

(a) wherever possible, to ensure that the costs of regulation do not exceed the benefits; and

(b) to ensure that regulatory decision making and regulatory processes have regard to any differences between the operating environments of regulated entities; and


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(c) to ensure that regulatory decision making has regard to the health, safety, environmental sustainability (including water conservation) and social obligations of regulated entities.

705 References to prices

To avoid doubt, a reference to a price in this Chapter includes a charge or fee.

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PART 10.2—ECONOMIC REGULATORY INSTRUMENTS AND POWERS

706 Water industry regulatory order

(1) The Governor in Council may make an order (a water industry regulatory order).

(2) A water industry regulatory order may be for or with respect to the following matters—

(a) specifying which goods or services made, produced or supplied by or within the regulated water industry are to be prescribed goods and services in respect of which the ESC has the power to regulate prices;

(b) specifying a price, price-range, factor or term or condition which is to be a prescribed price in respect of which the ESC has the power to regulate;

(c) requiring the ESC to adopt a specified approach, principle or methodology in regulating prices;

(d) fixing regulatory asset values;

(e) declaring which goods or services made, produced or supplied by or within the regulated water industry are to be declared goods and services in respect of which the ESC has the power to regulate standards and conditions of service and supply;

(f) declaring which goods or services made, produced or supplied by or within the regulated water industry are to be declared goods and services in respect of which the ESC has the power to regulate market conduct;

(g) conferring on the ESC such functions as the Governor in Council considers necessary;


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(h) specifying matters relating to quality and performance standards of a health, environmental or technical nature in respect of which the ESC may not exercise any function or power;

(i) recommendations by the ESC as to the maximum rate of interest that may be fixed under section 697 and the bases for the recommendations;

(j) specifying any matters to which the ESC must have regard in exercising its powers and functions.

(3) Without limiting subsection (2)(c), a water industry regulatory order may—

(a) include restrictions on price increases; or

(b) make provision for the phasing in of price increases over time; or

(c) specify matters which must be considered in making a price determination; or

(d) specify matters in relation to the sharing of efficiency gains; or

(e) specify the nature and manner of passing through to customers identified costs.

(4) Without limiting subsection (2)(g), a water industry regulatory order may confer on the ESC functions relating to—

(a) auditing performance and compliance with any ESC codes and statements of obligations; or

(b) monitoring and performance reporting; or

(c) the resolution of disputes between regulated entities in relation to standards and conditions of service and supply; or


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(d) the resolution, with the agreement of the customer or person, of disputes with respect to prices for services; or

(e) reviewing whether particular goods or services should be regulated and making a recommendation to the Minister, if so requested by the Minister after consultation with the Minister administering the Essential Services Commission Act 2001.

(5) This section does not empower the making of a water industry regulatory order containing a provision purporting to have the effect of changing or substituting a determination made by the ESC.

707 Water industry regulatory order must be published in the Government Gazette

A water industry regulatory order must be published in the Government Gazette.

708 Commencement of water industry regulatory order

A water industry regulatory order comes into operation on—

(a) the day the order is published in the Government Gazette; or

(b) if a later day is specified in the order as the day on which the order comes into operation, that later day.

709 Other regulatory powers

(1) The ESC may in relation to regulated entities regulate—

(a) standards and conditions of service and supply of declared goods and services; and

(b) market conduct relating to declared goods and services.


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(2) In exercising its powers or carrying out its functions under this Chapter, the ESC must adopt an approach which—

(a) the ESC considers will best meet the objectives specified in the Essential Services Commission Act 2001 and in this Chapter; and

(b) complies with any requirements specified in the water industry regulatory order.

710 ESC codes

(1) In the exercise of any power or function of the ESC with respect to the regulated water industry, the ESC may make, amend or revoke codes.

(2) An ESC code may provide for any matter relating to the following—

(a) requiring a specified regulated entity or a specified class of regulated entity to develop, issue and comply with customer-related standards, procedures, policies and practices (including with respect to the payment of compensation to customers) in accordance with the ESC code;

(b) specifying minimum customer-related standards, procedures, policies and practices for inclusion by a specified regulated entity or a specified class of regulated entity in a customer charter for specific services;

(c) requiring a specified regulated entity or a specified class of regulated entity to enter into an agreement with another specified regulated entity or another specified class of regulated entity for the purpose of ensuring that obligations relating to customer-related standards can be met;


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(d) specifying principles for the negotiation of agreements required under paragraph (c) between regulated entities in relation to standards and conditions of service and supply;

(e) requiring regulated entities to maintain specified accounting records and to prepare accounts according to specified principles;

(f) the recovery by regulated entities of any unpaid amounts persons are liable to pay to regulated entities under Part 9.2, 9.5 and Division 1 of Part 9.6, including—

(i) specifying any person or class of person who must not be charged interest on unrecovered amounts; and

(ii) whether any amount a person is liable to pay must not be a charge on a person's property.

Note

See section 663(2).

(3) An ESC code is not a determination for the purposes of the Essential Services Commission Act 2001.

711 Regulated entities must comply with ESC code

A regulated entity must comply with any provision of an ESC code which applies to it.

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712 Determination of contributions toward regulatory costs and expenses of ESC

(1) The Minister administering the Essential Services Commission Act 2001 must determine an amount to be contributed by each regulated entity towards the regulatory costs and expenses of the ESC.

(2) In determining an amount under subsection (1), the Minister must have regard to the total amount of the regulatory costs and expenses of the ESC.

(3) For the purposes of subsections (1) and (2), the regulatory costs and expenses of the ESC are the costs and expenses that are incurred or are likely to be incurred by the ESC in the exercise of its powers for or in connection with the performance of its functions and the achievement of its objectives in relation to the regulated water industry.

(4) The Minister must consult with the Minister administering this Act before determining an amount under subsection (1).

713 Payment of contributions toward regulatory costs and expenses of ESC

(1) On determining an amount under section 712, the Minister administering the Essential Services Commission Act 2001, by written notice, may require a regulated entity to pay to the ESC that amount at the intervals and in the portions specified in the notice.

(2) The Minister administering the Essential Services Commission Act 2001 must not give a notice under subsection (1) unless the Minister has consulted with the Minister administering this Act.


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(3) A regulated entity must comply with a notice under subsection (1).

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CHAPTER 11—LIABILITIES




(2) This Chapter imposes liability for injury, damage or economic loss arising out of—

(a) a flow of water; or

(b) the taking, using or polluting of water; or

(c) the construction, installation, maintenance or operation of any unauthorised infrastructure.

(3) Authorities are liable to compensate persons for certain losses and expenses incurred as a consequence of the carrying out of work.

(4) Exclusive jurisdiction is conferred on VCAT in relation to causes of action arising under Divisions 2 and 3 of Part 11.2.

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PART 11.2—LIABILITIES


715 References to person acting on behalf of another

In this Part, a reference to a person acting on behalf of another person is a reference to a person who—

(a) is the servant of that other person and is acting in the course of the servant's employment; or

(b) is the agent of that other person and is acting within the scope of the agent's authority.

Division 2—Liability arising out of taking or using water etc.

716 Civil liability arising out of unauthorised taking or use of water etc.

(1) This section applies if a person, by an act referred to in subsection (2), causes—

(a) injury to any other person; or

(b) damage to the property (whether real or personal) of any other person; or

(c) any other person to suffer economic loss.

(2) The acts are—

(a) taking water in an unauthorised manner or in unauthorised quantities; or

(b) using water in an unauthorised manner or for an unauthorised purpose; or

(c) polluting water, whether or not authorised to do so; or

(d) constructing, installing, maintaining or operating any unauthorised infrastructure.


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(3) The person who does the act is liable to pay damages to the other person in respect of the injury, damage or loss.

(4) However, if the person who did the act was acting on behalf of another person when doing so, that other person is liable to pay damages in respect of the injury, damage or loss.

(5) The existence of a liability under subsection (4) does not extinguish the liability under subsection (3) of the person who did the act.

(6) Subsection (2)(c) does not apply to the discharge of saline matter in accordance with an authorisation given by or under this Act.

(7) Subsection (2)(d) does not apply to any injury, damage or loss to which section 718 or 719 applies.

(8) This section does not create any civil liability in respect of a flow of water to which section 722 or 723 applies.


pollute water means alter (directly or indirectly) the physical, thermal, chemical, biological or radioactive properties of the water so as to make the water—

(a) less fit for any purpose for which it is, or may reasonably be expected to be, used; or

(b) harmful or potentially harmful to—

(i) the health, welfare or safety of human beings; or

(ii) animals, birds, wildlife, fish or other aquatic life; or


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(iii) plants or other vegetation; or

(iv) other organisms.

Division 3—Liability arising out of flow of water etc.

717 References to flow of water

In this Division, a reference to a flow of water includes a reference to—

(a) a flow of water that contains saline matter, sewage or trade waste; and

(b) a flow of water that is recycled water.

718 Liability arising out of not reasonable flow


(a) there is a flow of water from the land of a person (including from tanks, sewers, drains, pipes, fittings or appliances of any kind on the land) to any other land; and

(b) the flow is not reasonable; and

(c) the water, or anything contained in it, causes—

(i) injury to any other person; or

(ii) damage to the property (whether real or personal) of any other person; or

(iii) any other person to suffer economic loss.

(2) The person who caused the flow is liable to pay damages to the other person in respect of the injury, damage or loss.

(3) However, if the person who caused the flow was acting on behalf of another person when doing so, that other person is liable to pay damages in respect of the injury, damage or loss.


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(4) The existence of a liability under subsection (3) does not extinguish the liability under subsection (2) of the person who caused the flow.

(5) Subsection (6) applies if the causing of the flow was given rise to by infrastructure constructed or installed, or any other act done or omitted to be done, on any land at a time before the current occupier became the occupier of the land.

(6) The current occupier is liable to pay damages in respect of the injury, damage or loss if the current occupier has failed to take any steps reasonably available to prevent the causing of the flow being given rise to as described in subsection (5).

(7) The existence of a liability under subsection (6) does not extinguish the liability under subsection (2) of the person who caused the flow.

(8) This section does not create any civil liability in respect of a flow of water to which section 722 or 723 applies.

(9) A person does not incur any civil liability in respect of any injury, damage or loss caused by water from a flow to which this section applies except to the extent provided by this Act.

(10) Nothing in subsection (9) takes away from the power of a court to make an order against a person under section 86 of the Sentencing Act 1991 with respect to an offence under the Environment Protection Act 1970.

719 Liability arising out of interference with a flow


(a) a person—

(i) interferes with a reasonable flow of water to or from any land; or


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(ii) by negligent conduct interferes with a flow of water to or from any land which is not reasonable; and

(b) as a result of the interference—

(i) injury is caused to any other person; or

(ii) damage is caused to the property (whether real or personal) of any other person; or

(iii) any other person suffers economic loss.

(2) The person who interfered with the flow is liable to pay damages to the other person in respect of the injury, damage or loss.

(3) However, if the person who interfered with the flow was acting on behalf of another person when doing so, that other person is liable to pay damages in respect of the injury, damage or loss.

(4) The existence of a liability under subsection (3) does not extinguish the liability under subsection (2) of the person who interfered with the flow.

(5) Subsection (6) applies if the interference with the flow was given rise to by infrastructure constructed or installed, or any other act done or omitted to be done, on any land at a time before the current occupier became the occupier of the land.

(6) The current occupier is liable to pay damages in respect of the injury, damage or loss if the current occupier has failed to take any steps reasonably available to prevent the interference with the flow being given rise to as described in subsection (5).

(7) The existence of a liability under subsection (6) does not extinguish the liability under subsection (2) of the person who interfered with the flow.


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(8) This section does not create any civil liability in respect of an interference with a flow of water to which section 722 or 723 applies.

(9) A person does not incur any civil liability in respect of any injury, damage or loss caused by interference with a flow of water to which this section applies except to the extent provided by this Act.


720 Matters to which regard is to be had in determining whether flow is reasonable or not reasonable

(1) In determining whether a flow of water is reasonable or not reasonable, regard must be had to all the circumstances including the following matters—

(a) whether or not the flow, or the act or infrastructure that caused the flow, was authorised;

(b) the extent to which any conditions or requirements imposed under this Act in relation to an authorisation were complied with;

(c) whether or not the flow conforms with any guidelines or principles published by the Minister with respect to the drainage of the area;

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the cumulative effects on drainage of infrastructure and activities in the area;

(e) whether infrastructure that gave rise to the causing of, or the interference with, the flow was maintained to a reasonable standard;

(f) whether or not the flow was natural;

(g) the contours of the lands concerned;

(h) the uses to which the lands concerned and any other lands in the vicinity are put;

(i) whether the water which flowed was—

(i) brought to the land from which it flowed; or

(ii) collected, stored or concentrated on that land; or

(iii) extracted from the ground on that land;

(j) the purpose for which, and with what degree of care, anything referred to in subparagraph (i), (ii) or (iii) of paragraph (i) was done;

(k) whether or not the flow was affected by any infrastructure restricting the flow of water along a waterway;

(l) whether or not the flow is likely to damage any waterway, wetland or aquifer.

(2) In having regard to the matters specified in subsection (1), greater weight must be attached to the matters specified in paragraphs (a) to (g) than to the other specified matters.

(3) Subsection (4) applies to an Authority to which Division 8 of Part 7.5 applies that has a function referred to in section 490(a) or (c) in the area to which a proceeding before VCAT relates.


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(4) The Authority may make a submission to VCAT on the matters specified in paragraphs (c), (d) and (l) of subsection (1).

721 Matters to which regard must be had with respect to public infrastructure

(1) This section applies in respect of infrastructure—

(a) of which the Crown or a public statutory body (including an Authority) is the owner or has the management and control; and

(b) which interferes, or may interfere, with the reasonable flow of water.

(2) In determining whether that infrastructure should be continued, removed or modified, regard must be had to all the circumstances including the following matters—

(a) the circumstances, state of scientific knowledge and knowledge of local conditions at the time the infrastructure was constructed or installed;

(b) the nature and position of the infrastructure;

(c) the likely effects and costs of continuing, removing or modifying the infrastructure;

(d) the nature of any interest in land affected by the infrastructure and the effect on that interest of continuing, removing or modifying the infrastructure.

722 Liability arising out of flow from Authority infrastructure


(a) as a result of intentional or negligent conduct on the part of an Authority in the exercise of a specific function referred to in Part 7.5, a flow of water occurs to any land from its infrastructure or, if a sewer or drain that is


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part of that infrastructure is blocked, from the vicinity of that sewer or drain; and

(b) the water, or anything contained in it, causes—




(2) The Authority is liable to pay damages to the other person in respect of the injury, damage or loss.

(3) An Authority does not incur any civil liability in respect of any injury, damage or loss caused by water from a flow to which this section applies except to the extent provided by this Act.

(4) A reference in subsection (1)(a) to the exercise of a function includes the exercise of that function in accordance with an emergency management plan or a state emergency response plan as provided by Part 7.3.


723 Liability arising out of flow from Council infrastructure


(a) as a result of intentional or negligent conduct on the part of a Council a flow of water occurs, in the circumstances specified in subsection (3), from infrastructure specified in that subsection to any land; and


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(b) the water, or anything contained in it, causes—




(2) The Council is liable to pay damages to the other person in respect of the injury, damage or loss.

(3) The circumstances are—

(a) for a Council responsible for implementing a water management scheme approved under section 403, the flow is from any infrastructure identified in that scheme; or

(b) for a Council that has a function under the Local Government Act 1989 or any other Act in relation to stormwater infrastructure vested in it or otherwise owned by it, the flow is from that infrastructure or, if a sewer or drain that is part of that infrastructure is blocked, from the vicinity of that sewer or drain.

(4) A Council does not incur any civil liability in respect of any injury, damage or loss caused by water from a flow to which this section applies except to the extent provided by this Act.



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724 Provisions applying to causes of action arising under section 722 or 723

(1) If it is proved in a proceeding under section 722 or 723 that water has flowed to any land from the infrastructure of an Authority or any infrastructure referred to in section 723(3) or from the vicinity of a blocked sewer or drain that is part of any such infrastructure, it must be presumed that the flow occurred as a result of intentional or negligent conduct on the part of the Authority or Council (as the case requires) unless it proves on the balance of probabilities that it did not so occur.

(2) For the purposes of a proceeding under section 722 or 723, a flow of water is to be taken to have occurred as a result of intentional conduct on the part of an Authority or Council if the flow—

(a) was designed or intended by the Authority or Council; or

(b) inevitably and without intervening cause resulted from the exercise of a power by the Authority or Council.

(3) In determining for the purposes of a proceeding under section 722 or 723 whether or not a flow of water occurred as a result of negligent conduct on the part of an Authority or Council, regard must be had to all the circumstances.

(4) The reference in subsection (3) to circumstances includes any omission or failure (in the planning, design, construction, installation, maintenance or operation of infrastructure) to provide reasonable standards of capacity or efficiency or exercise reasonable care or skill having regard to—


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(a) the matters specified in subsection (5); and

(b) the principles specified in subsection (6).

(5) The matters are—

(a) the state of scientific knowledge and knowledge of local conditions at any relevant time; and

(b) the nature and situation of the infrastructure; and

(c) the service to be provided by the infrastructure; and

(d) the circumstances and cost of—

(i) the infrastructure; and

(ii) the maintenance and operation of the infrastructure; and

(iii) infrastructure which it would have been necessary to construct or install to avoid the occurrence of any relevant injury, damage or loss.

(6) The principles are—

(a) the functions required to be exercised by the Authority or Council are limited by the financial and other resources that are reasonably available to it for the purpose of exercising those functions; and

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(c) the Authority or Council may rely on evidence of its compliance with the general procedures and applicable standards for the exercise of its functions as evidence of the proper exercise of its functions in the matter to which the proceeding relates.

(7) The following provisions apply with respect to a proceeding under section 722 or 723—

(a) the proportion (if any) of the responsibility of the Authority or Council for the injury, damage or loss must be assessed and only that proportion of the assessed damages must be awarded against the Authority or Council;

(b) if damages are assessed in the proceeding in respect of any continuing cause of action, they may, in addition to being assessed down to the time of assessment, be assessed in respect of all future injury, damage or loss and, if so, the Authority or Council is not liable to pay any further damages in respect of that injury, damage or loss;

(c) a person, not being a party, in whose favour a determination is made, may enforce the determination by the same means as if the person were a party.

Division 4—Liability arising out of carrying out work

725 Compensation for damage caused by work

(1) An Authority must cause as little damage and inconvenience as possible in carrying out work.

(2) An Authority is liable, unless this Act specifically provides otherwise, to compensate any person who has sustained any pecuniary loss or incurred any expense as a direct, natural and reasonable consequence of the carrying out of work by the Authority.


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(3) An Authority is not liable to compensate a person for consequential loss.

(4) Any claim for compensation must be made and dealt with in accordance with the Land Acquisition and Compensation Act 1986 as if it were a claim under section 47(1) of that Act.

(5) This section does not apply to any injury, damage or loss to which section 722 applies.

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PART 11.3—VCAT

726 Jurisdiction of VCAT

(1) VCAT has jurisdiction in relation to all causes of action (other than any claim for damages for personal injury) arising under section 716, 718, 719, 722 or 723.Note

Parts IV and IVA of the Wrongs Act 1958 apply in relation to causes of action specified under subsection (1)—see section 23AAB and 24AF(1)(ab) of that Act.

(2) In exercising jurisdiction conferred by subsection (1), VCAT—

(a) by order, whether interim or final, may grant an injunction (including one to prevent an act that has not yet taken place) if it is just and convenient to do so; or

(b) may make an order for payment of a sum of money awarding damages in the nature of interest; or

(c) may make an order that is merely declaratory.

(3) Nothing in subsection (2) takes away from or affects VCAT's powers under section 123 or 124 of the Victorian Civil and Administrative Tribunal Act 1998.

(4) In awarding damages in the nature of interest, VCAT may base the amount awarded on the interest rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 or on any lesser rate that it considers appropriate.

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subsection (1), may make any order that it considers appropriate with respect to—

(a) compensation for damage to land; or

(b) the continuation, removal or modification of the infrastructure; or

(c) payment of the costs of the removal or modification of the infrastructure.

(6) In determining a cause of action of a kind referred to in subsection (1), VCAT must apply to the questions of causation and remoteness of damage the same tests as a court would apply to those questions in an action based on negligence.

(7) Nothing in this section prevents a person from commencing a proceeding in a court in respect of a claim for damages for personal injury based on a cause of action of a kind referred to in subsection (1).

(8) Subject to subsection (7), a proceeding based on a cause of action of a kind referred to in subsection (1) must not be commenced otherwise than in VCAT.

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CHAPTER 12—PROVISIONS RELATING TO LAND




(2) Authorities and persons authorised by the Minister are given power to enter land for investigative and non-investigative purposes subject to certain conditions and restrictions.

(3) Provision is made for the granting of access by landowners over land in connection with infrastructure, whether by agreement or under a decision made by an Authority. Agreements and decisions may be registered under the Transfer of Land Act 1958.

(4) A group of landowners may make a community agreement for the establishment of various water-related schemes with a committee being appointed to act on their behalf.

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PART 12.2—POWERS TO ENTER LAND


728 Interpretation

In this Part—

building includes a structure;

carry out work, in relation to land or a building, means—

(a) to construct, install, maintain, alter, decommission or replace any infrastructure (including specified infrastructure) on the land or in the building, or remove any infrastructure (including specified infrastructure) from the land or the building, under an authority given by or under this Act; or

(b) to do on the land or in the building anything authorised under section 364(7), 395(2), 470(2), 504(7), 506(1), 602(2) or 786(2);

land does not include a building;Note

Nothing in this Part (other than section 729) applies to entry on Crown land under section 17(1)(b) or (c). See section 17(4).

officer means—

(a) an employee of an Authority; or

(b) an authorised person; or

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residential land means land that is used primarily for residential purposes;

specified infrastructure means—

(a) a State monitoring station; or

(b) a levee other than a temporary levee; or

(c) drainage infrastructure installed for the purpose of Division 8 or 9 of Part 7.5 other than temporary drainage infrastructure; or

(d) water supply infrastructure of an Authority other than any that connects a serviced property to a water main of the Authority; or

(e) infrastructure of any other kind prescribed for the purposes of this paragraph;

temporary drainage infrastructure means drainage infrastructure that is intended to be in place for no longer than 2 years;

temporary levee means a levee installed in response to an emergency and intended to be in place for no longer than 6 months.

729 Identification cards

(1) An Authority must issue an identification card to an officer (other than a person referred to in paragraph (c) of the definition of officer in section 728) who is to exercise a power of entry under this Part that contains—

(a) the full name of the officer; and

(b) the name of the Authority; and

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(d) the date on which the person became an officer; and

(e) a recent photograph of the officer.Note

Part 13.5 deals with the issue of identification cards to authorised water officers.

(2) The Minister must issue an identification card to a person referred to in paragraph (c) of the definition of officer in section 728 who is to exercise a power of entry under Division 2 or section 17(1)(b) or (c) that contains—

(a) the full name of the officer; and

(b) a statement that the person is authorised by the Minister and is an officer for the purposes of this Part; and

(c) the date on which the authorisation was given; and

(d) a recent photograph of the officer.Note

Part 13.5 deals with the issue of identification cards to authorised water officers.

(3) An officer must produce their identification card for inspection by the occupier of any land or building that the officer seeks to enter or has entered under Division 2 or section 17(1)(b) or (c) or in accordance with the Land Acquisition and Compensation Act 1986—

(a) on seeking the consent of the occupier to the entry, if required; or

(b) at any time during the exercise of a power under Division 2 or section 17(1)(b) or (c) or under the Land Acquisition and Compensation Act 1986, if asked to do so by the occupier.


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(4) An authorised water officer must produce the identification card issued to the officer under section 793 for inspection by the occupier of any land or building that the officer seeks to enter or has entered under Division 3—

(a) on seeking the consent of the occupier to the entry, if required; or

(b) at any time during the exercise of a power under Division 3, if asked to do so by the occupier.

(5) If an officer or authorised water officer fails to comply with subsection (3) or (4), as the case requires, the officer or authorised water officer ceases to be authorised to exercise the relevant power in relation to the land or building occupied by the person entitled to inspect, or who asked to inspect, the identification card.

730 Informed consent

(1) An occupier is only to be taken to have given informed consent for the purposes of section 739(2)(a), 741(2)(a) or 742(2)(b)(i) if—

(a) before the consent is given, the officer or authorised water officer has followed the procedure set out in subsection (2); and

(b) the occupier and the officer or authorised water officer have signed an acknowledgment that complies with subsection (3).

(2) The officer or authorised water officer must—

(a) produce their identification card for inspection; and

(b) inform the occupier—

(i) of the purpose of the entry; and


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(ii) of the things proposed to be done on the land or in the building during the entry; and

(iii) that the occupier may refuse to give consent to the entry and to the doing of the things proposed to be done on the land or in the building during the entry; and

(iv) that the occupier may at any time withdraw a consent of a kind referred to in subparagraph (iii) that has been previously given, including while the officer or authorised water officer is on the land or in the building; and

(v) that any sample taken and kept during the entry may be used in evidence in any proceeding; and

(c) if the occupier indicates the intention to consent, ask the occupier to sign an acknowledgment that complies with subsection (3).

(3) The acknowledgment must state—

(a) that the occupier has been informed of the matters referred to in subsection (2)(b); and

(b) that the occupier has consented to the entry and to the proposed things being done on the land or in the building during the entry; and

(c) the date and time that the occupier consented.

(4) The officer or authorised water officer must also sign the acknowledgment after it has been signed by the occupier.

(5) The officer or authorised water officer must give a copy of the signed acknowledgment to the occupier on entering the land or building.


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(6) If, in any proceeding, a signed acknowledgment is not produced to the court or a tribunal, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry.

731 Written notice of entry

(1) This section applies to a written notice given to an occupier under section 739(2)(b), 741(2)(b) or 742(2)(b)(ii).

(2) The written notice must—

(a) specify the name of the officer or authorised water officer who is to enter the land or building; and

(b) specify the date or dates of entry and the hours during which the officer or authorised water officer will be on the land or in the building; and

(c) specify the purpose of the entry.

732 Notice to be served in certain circumstances

(1) This section applies if an officer or authorised water officer exercises a power of entry on land or to a building for a purpose described in subsection (2) and an occupier is not present during the period of the entry.

(2) The purpose is—

(a) to carry out work under Division 2; or

(b) to exercise any power under section 743 (including that section as applied to an officer by section 478); or

(c) to exercise a power under the Land Acquisition and Compensation Act 1986.


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(3) The officer or authorised water officer must, on leaving the land or building, give a notice to a person who is present and who is apparently over the age of 16 years and living or working there.

(4) If it is not practicable to comply with subsection (3), the officer or authorised water officer must, as soon as practicable, but not later than 10 business days after the entry, serve a notice on an occupier of the land or building.

(5) A notice given under subsection (3) or served under subsection (4) must set out—

(a) the name of the officer or authorised water officer who entered the land or building; and

(b) the time and date of the entry; and

(c) the purpose of the entry; and

(d) a description of the things done while on the land or in the building; and

(e) the time and date of departure; and

(f) how the officer or authorised water officer may be contacted for further details of the entry.

733 Obligations in relation to entry under this Part

An officer or authorised water officer who enters any land or building under this Part must—

(a) cause as little harm and inconvenience as possible; and

(b) not stay on the land or in the building for any longer than is reasonably necessary; and

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anything that the owner or occupier of the land or building agrees may be left there or that is authorised to be left there under Division 3 or under a search warrant issued under section 745; and

(d) leave the land or building as nearly as practicable in the condition in which the officer or authorised water officer found it; and

(e) co-operate as much as possible with the owner and occupier of the land or building.

734 Restrictions relating to specified infrastructure

An officer may only construct or install specified infrastructure on land on behalf of an Authority or the Minister in the exercise of a power of entry under this Part if—

(a) the Authority or the Minister has acquired (compulsorily or by agreement) an interest in that land; orNote

See sections 17 and 379.

(b) an access agreement over that land, or a written agreement with the owner of that land, provides for that construction or installation.

735 Requirements relating to temporary drainage infrastructure and temporary levees

(1) An Authority or the Minister must ensure that a temporary levee or temporary drainage infrastructure constructed or installed on their behalf is removed as soon as possible after the expiry of the period of 6 months (in the case of a temporary levee) or 2 years (in the case of temporary drainage infrastructure).


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(2) An officer who enters any land to remove a temporary levee or temporary drainage infrastructure must return the land, as nearly as practicable, to the condition in which it was immediately before the construction or installation of the levee or drainage infrastructure.

(3) This section does not apply if—

(a) the Authority or the Minister has acquired (compulsorily or by agreement) an interest in the land on which the temporary levee or temporary drainage infrastructure is constructed or installed; or

(b) an access agreement over that land, or a written agreement with the owner of that land, provides for the temporary levee or temporary drainage infrastructure to remain on that land beyond the expiry of the period referred to in subsection (1).

(4) Nothing in this section takes away from the application of section 733 to the entry.

736 Powers under Land Acquisition and Compensation Act 1986

The powers conferred by this Part are in addition to powers conferred by the Land Acquisition and Compensation Act 1986.

Division 2—Entry for non-investigative purposes

737 Application of Division

(1) Nothing in this Division applies to an entry of land or a building for a purpose described in section 742(3).Note

Division 3 covers entry for investigative purposes.


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(2) Nothing in this Division applies to an entry under section 17(1)(b) or (c) on land of a type specified in column 2 of the Table in section 17(2).

738 Entry to read or inspect meter—all land and buildings

(1) An officer, for the purpose described in subsection (2), may—

(a) between the hours of 7 a.m. and 6 p.m.—

(i) enter residential land; or

(ii) enter a part of a building that is used solely for business purposes and that is then open to the public for those purposes; or

(b) at any time, enter non-residential land.

(2) The purpose is—

(a) to read a meter installed by the Authority on the land or in the building; or

(b) to inspect any infrastructure installed on or ancillary to a meter referred to in paragraph (a) for the purpose of reducing the rate at which water is supplied or delivered to the land or building.Note

See section 369(1)(b).

(3) Without limiting subsection (4), an officer who has entered any land or building under subsection (1) for the purpose described in subsection (2)(a) may make a still image of the meter that affords evidence of the reading made by the officer.


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(4) An officer who has entered any land or building under subsection (1) for the purpose described in subsection (2) may, in the circumstance described in subsection (5), make a still or moving image or audio-visual recording of—

(a) the meter; or

(b) any infrastructure installed on or ancillary to the meter that is visible from the place where the meter is located; or

(c) any other thing visible from the place where the meter is located that would reasonably appear to be capable of interfering with the proper operation of the meter.

(5) The circumstance is that the officer believes on reasonable grounds that a contravention of this Act or the regulations in relation to the meter may have occurred and that the image or recording may afford evidence of that contravention.

739 Entry to perform function or duty or exercise power—residential land or a building

(1) In the circumstances described in subsection (2), but subject to subsection (3), an officer may enter residential land or a building—

(a) to perform a function or duty or exercise a power on the land or in the building, including to carry out work, on behalf of an Authority or the Minister; or

(b) to inspect the land or building or infrastructure on the land or in the building, or conduct any test, to find out whether any water supplied or delivered by the Authority to the land or building complies with any water quality standard that applies under the Safe Drinking Water Act 2003.


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(a) an occupier gives informed consent to the entry; or

(b) the Authority or the Minister serves 7 days' written notice of the entry and of its purpose on an occupier; or

(c) the entry is for the purpose of passing through or over the land in order to perform a function referred to in section 17(1)(c) or 441(a) on non-residential land; or

(d) the officer reasonably believes that there is an emergency that makes it necessary to enter without delay.

(3) An officer must not enter or remain on residential land or in a building between the hours of 6 p.m. and 7 a.m. unless—

(a) an occupier consents to the officer entering or remaining on the land or in the building between those hours; or

(b) the officer reasonably believes that there is an emergency that makes it necessary to enter or remain on the land or in the building between those hours.

(4) This section applies to an entry of land under this section to construct or install specified infrastructure on behalf of an Authority or the Minister except as otherwise provided by an easement or by an access agreement or written agreement referred to in section 734.


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(5) This section does not apply to an entry of residential land or a part of a building described in section 738(1)(a)(ii) for a purpose described in section 738(2).

Note

See section 487 for the procedure to be followed before starting construction or installation of any sewer and section 734 for the authority required for the construction or installation by an officer of specified infrastructure on land on behalf of an Authority or the Minister in the exercise of a power of entry under this section.

740 Entry to perform function or duty or exercise power (other than to carry out work)—non-residential land

(1) An officer may enter non-residential land at any time—

(a) to perform a function or duty or exercise a power on the land on behalf of an Authority or the Minister, other than to carry out work; or

(b) to inspect the land or infrastructure on the land, or conduct any test, to find out whether any water supplied or delivered by the Authority to the land complies with any water quality standard that applies under the Safe Drinking Water Act 2003.

(2) The Minister may prepare guidelines for officers in relation to the exercise of the power to enter non-residential land under subsection (1) and issue a copy to each officer.

741 Entry to carry out work—non-residential land

(1) In the circumstances described in subsection (2) but subject to subsection (3), an officer may enter non-residential land to carry out work on the land.


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(a) an occupier gives informed consent to the entry; or

(b) the Authority or (in the case of work relating to a State observation bore) the Minister serves 7 days' written notice of the entry and of its purpose on an occupier; or

(c) the officer reasonably believes that there is an emergency that makes it necessary to enter without delay.

(3) An officer must not enter or remain on non-residential land between the hours of 6 p.m. and 7 a.m. unless—

(a) an occupier consents to the officer entering or remaining on the land between those hours; or

(b) the officer reasonably believes that there is an emergency that makes it necessary to enter or remain on the land between those hours.

(4) This section applies to an entry of land under this section to construct or install specified infrastructure on behalf of an Authority or the Minister except as otherwise provided by an easement or by an access agreement or written agreement referred to in section 734.

Note

See section 487 for the procedure to be followed before starting construction or installation of any sewer and section 734 for the authority required for the construction or installation by an officer of specified infrastructure on land on behalf of an Authority or the Minister in the exercise of a power of entry under this section.


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Division 3—Entry for investigative purposes

742 Entry to land or buildings

(1) In the circumstances described in subsection (2) and for the purpose described in subsection (3), an authorised water officer may enter—

(a) land of any kind; or

(b) a building on land of any kind.


(a) the authorised water officer believes on reasonable grounds that—

(i) the land or building is—

(A) a serviced property; or

(B) land or a building related to a take and use licence, a water use licence, a water use registration, a houseboat licence, a works licence or an activities licence; or

(C) land or a building from which trade waste the subject of a consent given under section 475 or of a trade waste agreement is being discharged; or

(D) land or a building from which trade waste is being discharged and that discharge is not in accordance with a determination under section 473(1); or

(E) land or a building related to an approval under Part 8.5; or

(F) land or a building to which the Authority provides a service, whether directly or under a community agreement; or


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(G) land on which, or a building in which, infrastructure of the Authority or the Minister is located; or

(H) land or a building that is connected to any infrastructure of the Authority; or

(ii) a contravention of this Act or the regulations may have occurred, may be occurring or may be about to occur on the land or in the building; and

(b) in the case of residential land or a building on land of any kind but subject to subsection (4)—

(i) an occupier gives informed consent to the entry; or

(ii) the Authority or the Minister serves 7 days' written notice of the entry and of its purpose on an occupier; or

(iii) the authorised water officer is entering under a warrant issued under section 745.

(3) The purpose is to inspect the land or building or infrastructure on that land or in that building, or conduct any test, to find out whether—

(a) this Act or the regulations are being complied with; or

(b) the conditions of any of the following are being complied with—

(i) a licence or registration referred to in subsection (2)(a)(i)(B); or

(ii) a consent or agreement referred to in subsection (2)(a)(i)(C); or


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(iii) a determination referred to in subsection (2)(a)(i)(D); or

(iv) an approval referred to in subsection (2)(a)(i)(E).

Note

Section 743 sets out the powers that an officer may exercise on entry.

(4) An authorised water officer must not enter or remain on residential land or in a building on land of any kind between the hours of 6 p.m. and 7 a.m. unless—

(a) in addition to giving informed consent to the entry under subsection (2)(b)(i), the occupier consents to the officer entering or remaining on the land or in the building between those hours; or

(b) the entry between those hours is authorised under a warrant issued under section 745.

743 Powers that may be exercised on entry under this Division

An authorised water officer who enters any land or building under this Division may—

(a) examine any thing found on the land or in the building and take and keep samples of it if the officer believes on reasonable grounds that the thing is connected with a contravention of this Act or the regulations; or

(b) inspect and test any infrastructure found on the land or in the building that is of a kind used in connection with the supply, delivery or taking of water or the discharge of any thing into the infrastructure of an Authority; or


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(c) make any still or moving image or audio-visual recording; or

(d) bring any equipment onto the land or into the building that the officer believes on reasonable grounds is necessary for examining things or taking samples of any substances, or inspecting, testing or monitoring infrastructure, found there and leave behind equipment for making any test or monitoring any infrastructure there.

744 Application for warrant

(1) An authorised water officer may apply to a magistrate for the issue of a search warrant in relation to particular land or a particular building.

(2) An authorised water officer may only apply for a search warrant under subsection (1) if the officer believes on reasonable grounds that—

(a) a contravention of this Act or the regulations may have occurred, may be occurring or may be about to occur on the land or in the building; and

(b) inspecting any infrastructure or conducting any test on the land or in the building may afford evidence of that contravention.

745 Issue of warrant

(1) A magistrate, on an application under section 744, may issue a search warrant in accordance with the Magistrates' Court Act 1989 if the magistrate is satisfied, by the evidence on oath or by affidavit of the authorised water officer, that there are reasonable grounds for suspecting that—

(a) a contravention of this Act or the regulations may have occurred, may be occurring or may be about to occur on the land or in the building; and


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(b) inspecting any infrastructure or conducting any test on the land or in the building may afford evidence of that contravention.

(2) A search warrant issued under this section must state—

(a) the name of the authorised water officer to whom the warrant is issued; and

(b) particulars of the alleged offence in respect of which the warrant has been issued; and

(c) the land or building to which the warrant relates; and

(d) any conditions to which the warrant is subject; and

(e) whether any entry under the warrant is authorised to be made at any time of the day or night or only during the hours specified in the warrant; and

(f) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

(3) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to search warrants issued under this section.

746 What does a search warrant authorise?

(1) A search warrant issued under section 745 authorises the authorised water officer named in the warrant—

(a) to enter the land or building named in the warrant, on one occasion and, if necessary, on one subsequent occasion; and

(b) to enter with the assistance of a police officer or any other necessary assistance that the authorised water officer requires; and


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(c) to enter with force if the entry is being made with the assistance of a police officer; and

(d) to inspect any infrastructure, or conduct any test, on the land or in the building and to seize any evidence that this Act or a regulation is not being complied with that is found during the course of inspecting the infrastructure or conducting the test; and

(e) to take any action necessary to collect the evidence of an offence found during the course of inspecting the infrastructure or conducting the test including the following—

(i) observing the condition of the land or building;

(ii) taking measurements;

(iii) making any still or moving images or audio-visual recordings;

(iv) taking samples of water, soil or other substances; and

(f) to leave behind on the land or in the building equipment for making any test or monitoring any infrastructure there.

(2) When acting under a search warrant issued under this section, the authorised water officer named in the warrant may use any necessary equipment.

(3) Despite section 745(3) and anything in the Magistrates' Court Act 1989, a search warrant issued under this section does not authorise an authorised water officer to arrest a person.

747 Announcement before entry

(1) Before executing a search warrant issued under section 745, the authorised water officer named in the warrant—


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(a) must announce the fact of being authorised by the warrant to enter the land or building; and

(b) must give any person on the land or in the building an opportunity to allow entry to it.

(2) The authorised water officer need not comply with subsection (1) if the officer believes on reasonable grounds that immediate entry to the land or building is required to ensure—

(a) the safety of any person; or

(b) that the effective execution of the warrant is not frustrated.

748 Details of warrant to be given to occupier

(1) If an occupier is present on the land or in the building in respect of which a search warrant issued under section 745 is being executed, the authorised water officer must—

(a) identify themselves to the occupier; and

(b) give a copy of the warrant to the occupier.

(2) If an occupier is not present but another person is, the authorised water officer must—

(a) identify themselves to the person; and

(b) give a copy of the warrant to the person.

749 Seizure of things not named in the warrant

A search warrant issued under section 745 authorises the authorised water officer named in it, in addition to seizing any thing under the warrant, to seize any thing if the authorised water officer believes, on reasonable grounds—

(a) that the thing is of a kind that could have been included in, or seized under, the warrant and that it will afford evidence about


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the commission of an offence against this Act or the regulations; and

(b) that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the commission of an offence against this Act or the regulations.

750 Receipt for seized things

(1) If an authorised water officer seizes a thing (whether under a search warrant or under section 749), the officer must give a receipt for the thing to the owner or an occupier of the land from which it was seized.

(2) A receipt must—

(a) identify the thing seized; and

(b) state the name of the authorised water officer who seized it; and

(c) state the reason why it was seized.

(3) If the owner or an occupier is present on the land from which the thing is seized, the authorised water officer must give the receipt to that person before leaving the land.

(4) If the owner or an occupier is not present or for any reason it is not practicable to comply with subsection (3), the authorised water officer may send the receipt to the owner or occupier by posting a prepaid letter containing it addressed to "the owner" or "the occupier" at the address of the land from which the thing was seized as soon as practicable, but not later than 28 days, after the seizure.


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751 Return of seized things

(1) Subsection (2) applies if any thing is seized under this Division and—

(a) a proceeding is not commenced against any person for any offence arising out of the circumstances of the seizure within 90 days after the seizure; or

(b) a proceeding is commenced within 90 days after the seizure but is subsequently discontinued; or

(c) the reason for the seizure no longer exists.

(2) The relevant Authority or the Minister must order the return of the thing to the owner immediately and must notify the owner in writing accordingly.

(3) Any thing seized under this Act, and not claimed within 12 months after the seizure, may be destroyed or sold and the proceeds of sale paid into the Consolidated Fund.

752 Magistrates' Court may extend 90 day period

(1) An authorised water officer may apply to the Magistrates' Court within 90 days after seizing a thing under this Division for an extension of the period for which the officer may retain the thing.

(2) The Magistrates' Court may order the extension if it is satisfied that retention of the thing is necessary—

(a) for the purposes of an investigation into whether a contravention of this Act or the regulations has occurred; or

(b) to enable evidence of a contravention of this Act or the regulations to be obtained for the purposes of a proceeding under this Act.


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(3) The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person.

753 Disposal of seized things

(1) If a person is found guilty by a court of an offence against this Act or the regulations, the court may, in addition to imposing any other penalty, order any thing seized under this Division which relates to that offence to be destroyed or otherwise disposed of in the manner specified in the order.

(2) The Magistrates' Court may, on the application of an authorised water officer, order that any thing seized under this Division be destroyed or otherwise disposed of, if the Court is satisfied that the owner of the thing cannot be found.

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PART 12.3—ACCESS OVER LANDS

754 Interpretation

(1) In this Part, a reference to the owner of land includes a reference to—

(a) an Authority; and

(b) a person who acts with the written consent of the owner; and

(c) a committee as defined by section 766; and

(d) a person who holds the land as executor or administrator or trustee.

(2) An agreement entered into under this Part by a person acting with the written consent of the owner of land must be taken to have been entered into by that owner.

(3) An agreement entered into by a committee as defined by section 766 must be taken to have been entered into by each landowner who authorised the committee to act as their agent.Note

See section 768(2).

(4) In this Part, a reference to an agreement under section 756 includes a reference to a declaration under section 756(5).

(5) To avoid doubt, in this Part a reference to a decision under section 758 includes a reference to that decision as affirmed, varied or substituted by VCAT on an application for review.

755 Application

(1) Nothing in this Part empowers an owner of land to seek or obtain a right of access over a road or road reserve for any purpose described in section 756(1) including constructing, installing,


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removing, altering, inspecting, repairing or maintaining any non-road infrastructure.Note

See the Road Management Act 2004 for provisions relating to access over a road or road reserve.

(2) Nothing in this Part empowers an Authority to seek or obtain a right of access in favour of land owned by the Crown.

756 Access by agreement

(1) An owner of land who seeks access for water supply, water delivery, sewerage, drainage (whether irrigation or stormwater drainage) or salinity mitigation purposes over land owned by another person may give notice—

(a) to the other owner; and

(b) to the occupier of the land over which access is sought, if the owner is not the occupier.

Note

See section 762 for the giving of notice to the Crown or Victorian Rail Track.

(2) Once notice has been given, the owner giving notice must try to arrange that access by agreement with the other owner.

(3) An agreement—

(a) must specify the nature and extent of the right of access and of the infrastructure that may be constructed or installed on that land; and

(b) must specify any compensation agreed and how and when it is to be paid; and

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(d) must be accompanied by a map which shows the location and measurements of any infrastructure proposed to be constructed or installed on the land over which the right of access is created; and

(e) must specify the date (which must not be later than 6 months after the making of the agreement) by which the agreement must be lodged for registration under section 759; and

(f) may deal with any other matter.

(4) An agreement entered into between the owner of one or more parcels of land and another owner must specify each parcel of land over, or in favour of, which the right of access is created.

(5) An owner of more than one parcel of land who wishes to create a right of access over one parcel in favour of another one may declare in writing that such right of access has been created.

757 Appointment of Authority to decide access issues

The Minister may, for a period not exceeding 3 years, appoint an Authority to decide a specified class of issue about access on an application under section 758(2).

758 Access without agreement


(a) an owner of land (other than an Authority) has given notice under section 756(1); and

(b) agreement has not been reached with the other owner about access within one month after service of the notice on the other owner.


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(2) The owner who gave notice may apply to an Authority appointed under section 757 to decide the class of issue about access to which the issue belongs.

(3) In deciding whether a right of access should be created over land, the appointed Authority must have regard to the following—

(a) whether any damage will be caused to the property of the owner of that land;

(b) whether the valuation of that land will be diminished;

(c) whether the use that may be made of that land will be limited;

(d) whether that owner will suffer any other pecuniary loss;

(e) whether that owner may be fully compensated, by money or otherwise, for any consequence referred to in paragraphs (a) to (d).

(4) If the appointed Authority considers that the owner of the land over which access is sought cannot be fully compensated as referred to in subsection (3)(e), it must decide that a right of access should not be created over the land.

(5) If the appointed Authority decides that a right of access should be created over land, the decision must cover every matter that must be included in an agreement under section 756.

(6) A decision of the appointed Authority—

(a) is binding on the parties; and

(b) may include any order that the Authority thinks fit for the payment of compensation.


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759 Registration of right of access

(1) An agreement under section 756, or a decision under section 758, by virtue of which a right of access is created over, or in favour of, land has no effect until it is recorded in the Register under the Transfer of Land Act 1958.

(2) Nothing in subsection (1) makes it necessary that an agreement referred to in that subsection, by virtue of which a right of access is created in favour of an Authority, be recorded in the Register under the Transfer of Land Act 1958 in respect of land owned by the Authority for it to have effect.

(3) An agreement or a decision referred to in subsection (1) is binding on the successors in title of the parties on registration under the Transfer of Land Act 1958.

(4) Subject to subsection (5), the owner of the land in favour of which the right of access is created must lodge the agreement or decision for registration before the end of the period for such lodgement specified in it.

(5) If the person referred to in subsection (4) does not comply with that subsection, the owner of the land over which the right of access is created may lodge the agreement or decision for registration and recover the reasonable costs of doing so from that person.

(6) An agreement or decision cannot be lodged for registration until after any compensation payable under it has been paid in accordance with it and any other condition precedent to it having effect (other than registration) has been satisfied.


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(7) Whoever lodges an agreement or decision for registration must lodge with it a statutory declaration as to the matters referred to in subsection (6).

(8) If requested to do so by a party referred to in section 760(1), the Registrar of Titles must, on registering the agreement or decision, do both or either of the following—

(a) dispense with the submission of any certificate of title or other document;

(b) register the agreement or decision by making a recording in the relevant folio of the Register only.

760 Variation or revocation of right of access

(1) A party, or the successor in title of a party, to an agreement under section 756 or a decision under section 758 who proposes a variation of its terms or its revocation may give notice to each other party, or the successor in title of each other party, to the agreement or decision.

(2) If the parties referred to in subsection (1) do not agree on any proposed variation or revocation within one month after the party proposing it notifies the other parties, any party may apply to the Minister for the appointment of an Authority to decide the issue.

(3) Subsection (2) does not apply if an Authority is one of the parties.

(4) The Minister must make an appointment if an application is made under subsection (2) and the appointed Authority may decide the issue.

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that a decision must cover, as it applies in relation to the making and effect of a decision under that section.

(6) Section 831 applies in relation to a decision of an appointed Authority under subsection (4) as if it were a decision under section 758.

(7) Section 759 applies to an agreement under this section and a decision under subsection (4) as if they were an agreement under section 756 and a decision under section 758 respectively.

761 Infrastructure on land over which right of access is created

(1) Subject to subsections (3) and (4), the owner of land in favour of which a right of access is created may enter the land over which the right of access is created for the purpose described in subsection (2) and may do anything on that land that is necessary for that purpose.

(2) The purpose is to construct, install, remove, alter or maintain any infrastructure that is necessary for the use of the right of access.

(3) Unless the agreement under section 756 or decision under section 758 provides otherwise or the respective owners otherwise agree, an entry on land may only be made under subsection (1) if—

(a) an occupier of that land consents to the entry; or

(b) the owner of the other land has served 7 days' written notice of the entry and its purpose on the occupier of that land; or

(c) the entry is urgently required to stop a flow of water or escape of sewage or trade waste.


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(4) Land that is used primarily for residential purposes must not be entered between the hours of 6 p.m. and 7 a.m. under subsection (1) unless—

(a) an occupier consents to the entry being made between those hours; or

(b) the entry is urgently required to stop a flow of water or escape of sewage or trade waste.

(5) A person who enters any land under subsection (1) must—

(a) cause as little harm and inconvenience as possible; and

(b) not stay on the land for any longer than is reasonably necessary; and

(c) remove from the land, on completing what was required to be done on the entry, any equipment or other thing brought onto the land by the person, other than anything that the agreement or decision provides may be left there; and

(d) leave the land as nearly as practicable in the condition in which the person found it; and

(e) cooperate as much as possible with the owner and occupier of the land; and

(f) in the case of land that is used primarily for residential purposes, if the owner or an occupier of the land was not present during the entry, on leaving the land leave a notice setting out—

(i) the time and date of the entry; and

(ii) the purpose of the entry; and

(iii) a description of the things done while on the land; and

(iv) the time and date of departure; and


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(v) how the owner of the other land may be contacted for further details of the entry.

(6) Subsection (7) applies if the owner of land in favour of which a right of access is created fails to—

(a) maintain the infrastructure referred to in subsection (2); or

(b) comply with paragraph (c) or (d) of subsection (5).

(7) The owner of the land over which the right of access is created may give the other owner notice of the intention—

(a) to carry out the maintenance or do whatever is necessary to ensure compliance, as the case requires; and

(b) to recover from the other owner the reasonable costs of doing so.

(8) At any time after 14 days after having given notice under subsection (7), the owner of the land over which the right of access is created may maintain the infrastructure or do whatever is necessary to ensure compliance and recover those costs.

(9) If a dispute arises over anything done under subsection (8) or the costs of it, either owner may apply to the Minister for the appointment of an Authority to decide the issue.

(10) The Minister must make an appointment if an application is made under subsection (9) and the appointed Authority may decide the issue.


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(11) Sections 758(6) and 831 apply in relation to a decision of an appointed Authority under subsection (10) as if it were a decision under section 758.

(12) Nothing in this section, other than subsections (1) and (2), apply in relation to an entry of land under a right of access created in favour of an Authority.

762 Access over land owned by Crown or Victorian Rail Track

(1) If land in respect of which a right of access is sought is owned by the Crown, the notice required under section 756(1) must be served on the Minister administering the Conservation, Forests and Lands Act 1987, and that Minister may enter into an agreement under that section with the person seeking the right of access.Note

This Part does not apply to land that is a road or a road reserve: see section 755.

(2) If land in respect of which a right of access is sought is owned by Victorian Rail Track as defined by section 3 of the Transport Integration Act 2010, the notice required under section 756(1) must be served on Victorian Rail Track, and Victorian Rail Track may enter into an agreement under that section with the person seeking the right of access.

(3) If the Minister or Victorian Rail Track publishes, within 8 weeks after service of the notice, a notice of dissent in the Government Gazette, the right of access is denied, despite any other provision of this Part.

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date of publication of the notice, revoked or so varied.

(5) The owner of land in favour of which a right of access is created by an agreement under this section has the rights and obligations that are specified in the agreement in relation to the construction, installation, removal, alteration or maintenance of infrastructure on the land over which the right of access is created.

(6) Sections 758 to 761 do not apply in relation to a right of access granted by an agreement under this section.

763 Insurance

(1) The owner of land in favour of which a right of access is created under this Part over other land may take out insurance over infrastructure on that other land that is necessary for the use of the right of access, including in respect of any liability arising out of that infrastructure from a flow of water or on any other basis.

(2) An owner referred to in subsection (1) must be taken to have an insurable interest for the purpose of taking out insurance.

764 Costs of deciding an issue

An Authority may recover, as a debt due to it from the person who applied to it under section 758(2) or applied for its appointment under section 760(2) or section 761(9), the costs directly incurred by it in making a decision under this Part, including the costs of any investigation carried out by it for the purpose of making that decision.


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765 Obstruction offences

A person must not knowingly, recklessly, or negligently, interfere with any infrastructure that has been constructed or installed in accordance with an agreement under section 756 or a decision under section 758 and on which a person or land, including a serviced property, depends for receiving a service from an Authority.


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PART 12.4—SCHEMES ESTABLISHED UNDER COMMUNITY AGREEMENTS

766 Definitions

In this Part—

committee means—

(a) a committee set up under a community agreement to act on behalf of the group members; or

(b) an incorporated body authorised under a community agreement to act on behalf of the group members;

community agreement means an agreement by which a group of landowners voluntarily establishes—

(a) a community drainage scheme (whether for irrigation or stormwater drainage purposes) in the area in which the lands of group members are situated; or

(b) a community salinity mitigation scheme in the area in which the lands of group members are situated; or

(c) a community water supply scheme to supply water to lands owned by group members; or

(d) a community water delivery scheme to deliver water to lands owned by group members; or

(e) a community sewerage scheme to provide sewerage services to lands owned by group members; or

(f) a scheme that combines two or more schemes referred to in paragraphs (a) to (e);


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group member, in relation to a community agreement, means a landowner bound by that agreement.

767 Community agreements

(1) A community agreement must—

(a) clearly identify the land affected by the scheme; and

(b) describe in detail the infrastructure to be constructed, installed, removed, altered or maintained under the scheme and its location; and

(c) be accompanied by a map which shows the location and measurements of any infrastructure proposed to be constructed or installed on the land of any group member over which a right of access is created; and

(d) clearly describe the access agreed and any terms and conditions of that access; and

(e) provide for the establishment of a committee, or the authorisation of an incorporated body, to act on behalf of the group members; and

(f) if relevant, describe any land that is declared under section 354(1) to be a serviced property of a specified Authority for the purposes of this Act and state the reason for the declaration; and

(g) identify any Council affected by the scheme and describe how it is affected.

(2) A community agreement must be taken to be capable of being recorded in the Register under the Transfer of Land Act 1958 and has no effect until it is so recorded.


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(3) A community agreement is binding on the successors in title of the parties on registration under the Transfer of Land Act 1958.

(4) If requested to do so by a party to a community agreement, the Registrar of Titles, on registering the agreement, must do both or either of the following—


(b) register the agreement by making a recording in the relevant folio of the Register only.

(5) The committee with responsibility under a community agreement must lodge a copy of the agreement with any Authority or Council affected by a scheme established under the agreement within 30 days after the agreement is lodged for registration under the Transfer of Land Act 1958.

768 Powers of committee

(1) A committee may collect charges, in accordance with the community agreement, from group members.

(2) A committee, if authorised by the group members, may act as their agent—

(a) to seek access over land owned by others; or

(b) to negotiate a variation or revocation of the community agreement; or

(c) for any other purpose.

(3) An agreement which varies a community agreement includes an agreement which adds to or removes from the community agreement—

(a) a group member; or


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(b) land affected by a scheme established by the community agreement.

(4) An agreement which varies or revokes a community agreement must be taken to be capable of being registered under the Transfer of Land Act 1958 and has no effect until it is recorded in the Register under that Act.

(5) If requested to do so by a party to an agreement which varies or revokes a community agreement that affects land under the operation of the Transfer of Land Act 1958, the Registrar of Titles, on registering the agreement, must do both or either of the following—


(b) register the agreement by making a recording in the relevant folio of the Register only.

(6) A committee may take out insurance for damage resulting from a scheme established under a community agreement, and for that purpose the committee must be taken to have an insurable interest.

(7) A committee may enter into an agreement with an Authority or a Council for it to exercise the powers and perform the functions of the committee on its behalf.

(8) Despite anything to the contrary in any other Act, a Council, under an agreement entered into under subsection (7), may exercise powers and perform functions in respect of land outside its municipal district that is affected by a scheme established under a community agreement.


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769 Serviced properties

(1) Nothing in this Part prevents an Authority that provides a service to a committee from declaring any land owned by a group member to be a serviced property for the purposes of this Act.

(2) Nothing in this Part prevents an Authority from providing a service to a committee complementary to a service of the same kind that is provided to group members.

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PART 12.5—OTHER POWERS RELATING TO LAND

770 Condition giving authority to enter certain Crown land to install and operate infrastructure

(1) This section applies to the holder of a take and use licence or a works licence.

(2) The Minister may authorise the holder—

(a) to enter on any Crown land other than land which is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993; and

(b) to construct or install and to operate infrastructure on that land for the purpose of raising water.

(3) The Minister must consult with the Minister administering the Conservation, Forests and Lands Act 1987 before giving an authority referred to in subsection (2).

(4) The holder is liable to compensate any person who suffers any pecuniary loss as a direct, natural and reasonable consequence of the exercise of an authority referred to in subsection (2).

(5) The amount of compensation payable is as agreed by the parties or, in the absence of agreement, as determined by VCAT on an application under subsection (6).

(6) A person may apply to VCAT for an order for the payment to the applicant by the holder of compensation for pecuniary loss covered by subsection (4).

(7) If VCAT is satisfied that compensation should be paid, it may make an order directing the holder to pay compensation as specified in the order.

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CHAPTER 13—ENFORCEMENT AND PROCEEDINGS




(2) This Chapter provides for—

(a) general offences; and

(b) remedial action notices; and

(c) infringement notices; and

(d) the appointment of authorised water officers for the purpose of exercising certain powers under this Act; and

(e) prosecutions under this Act; and

(f) evidentiary provisions that apply in proceedings under this Act; and

(g) certain enforcement matters related to corporations, partnerships and unincorporated associations; and

(h) other matters related to proceedings under this Act.

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PART 13.2—GENERAL OFFENCES

772 Offence not to comply with permanent water saving prohibition or water supply restriction

(1) A person must comply with a permanent water saving prohibition.


(2) A person must comply with a water supply restriction.



Note


773 Evidentiary presumption—Non-compliance with permanent water saving prohibition or water supply restriction

(1) This section applies to a proceeding for an offence against section 772(1) or (2) in respect of water supplied by a water corporation to a serviced property.

(2) Evidence that water has been used in contravention of a permanent water saving prohibition or a water supply restriction and that the accused is a person referred to in subsection (3) (in the absence of evidence to the contrary) is proof that the accused used that water in contravention of that prohibition or restriction.

(3) For the purposes of subsection (2), the persons are—

(a) the sole occupier of the property; or


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(b) an owner of the property who is—

(i) in occupation of the property; and

(ii) liable to pay a water usage charge under section 643 for water supplied to the property; or

(c) an occupier of the property who is liable to pay a water usage charge under section 643 for water supplied to the property; or

(d) an owners corporation of a subdivision that is liable to pay a water usage charge under section 646 in respect of any or all of the common property affected by the owners corporation.

774 Offence to waste or excessively consume water

(1) A water corporation may serve a notice that complies with subsection (3) on a person to whom it supplies water if the water corporation reasonably believes that the water is being wasted or excessively consumed.

(2) A person who receives a supply of water from a water corporation and has been served by it with a notice that complies with subsection (3) must not knowingly or recklessly cause or permit the water to be wasted or excessively consumed.


(3) A notice—

(a) must state that the water corporation believes that the water supplied by it to the person is being wasted or excessively consumed; and

(b) must specify the conduct or circumstances that have given rise to that belief; and


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(c) may recommend actions that may be taken to prevent or reduce the wastage or excessive consumption; and

(d) must state the consequences of not complying with the notice.

Note


775 Offence to impersonate officers

(1) A person must not impersonate—

(a) an authorised water officer; or

(b) an officer within the meaning of Part 12.2.



776 Offence to obstruct etc. authorised water officers and certain other persons

(1) A person must not obstruct, threaten, abuse, insult or intimidate—

(a) an authorised water officer in the performance of a function or duty or the exercise of a power under this Act; or

(b) an employee of an Authority in the performance of a function or duty or the exercise of a power under this Act; or

(c) any person in the performance of a function or duty or the exercise of a power, or lawfully carrying out work, under this Act (whether or not for or on behalf of an Authority); or


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(d) any person lawfully assisting an officer (within the meaning of Part 12.2) in the performance of a function or duty or the exercise of a power under this Act.



777 Interference with Authority's property

(1) A person must not, without the consent of the Authority or other lawful authority, interfere with any property (whether real or personal) owned by, or under the management and control of, an Authority.

Penalty:For property that is a meter, a level 8 fine (120 penalty units maximum);

For any other property, a level 7 fine (240 penalty units maximum).

Note


(2) In a proceeding for an offence under subsection (1) relating to property other than a meter, evidence that the property—

(a) is situated on, or services only, land owned by a person; or

(b) is situated on, or services only, land of which a particular person is the sole occupier—

is proof that the interference was done by that person.


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(3) In a proceeding for an offence under subsection (1) relating to property that is a meter, evidence that the meter—

(a) is situated on land owned by a particular person or on land of which a particular person is the sole occupier or of which a particular occupier is also solely liable for any water usage charge imposed in respect of the land; and

(b) measures the amount of water that is supplied to that land only—

is proof that the interference was done by that person.

(4) In a proceeding for an offence under subsection (1) relating to property that is a meter, evidence that the meter is only used to measure the amount of water taken by a person authorised to take water that passes through that meter is proof that the interference was done by that person.



interfere, in relation to property, includes destroy, damage, remove, obstruct or alter the property or affect the operation of the property;

property includes a meter and other infrastructure.

778 Trespass etc.

(1) A person must not wilfully trespass on land or premises owned by, or under the management and control of, an Authority.



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(2) A person must not enter a closed catchment that is owned by, or is under the management and control of, a water corporation without being authorised in writing to do so by the water corporation.



(4) If an act or omission constitutes both an offence under subsection (1) and under subsection (2), the offender is not liable to be prosecuted for an offence under subsection (1).

779 Structures etc. on land over which easements, access agreements or infrastructure exist

(1) Subject to subsection (9), a person must not, without an Authority's consent—

(a) cause or permit any structure to be constructed or installed, or any filling to be placed, on land over which—

(i) an easement registered under the Transfer of Land Act 1958 or access agreement exists in favour of the Authority; or

(ii) an easement registered under the Transfer of Land Act 1958 or access agreement exists for water supply, water delivery, sewerage or drainage purposes; or

(b) if no registered easement or access agreement exists as described in paragraph (a)(i) or (ii) over the land, knowingly, recklessly or negligently cause or permit any structure to be constructed or installed or any filling to be placed—


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(i) within 5 metres laterally of any infrastructure of Melbourne Water Corporation; or

(ii) within 1 metre laterally of any infrastructure of any other Authority.


Note


(2) An offence against subsection (1)(a) is a strict liability offence.

(3) An application for the Authority's consent must be—

(a) made by the owner of the land in the manner determined by the Authority; and

(b) accompanied by any plans and other information that the Authority requires.








(6) Conditions subject to which the Authority gives its consent are binding on the successors in title of


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the owner of the land to whom the consent is given.

(7) An Authority, by written notice served on the owner of land, may—





(b) takes effect—



(9) Subsection (1) does not apply in respect of a responsible road authority or coordinating road authority if it is necessary for that road authority to do anything referred to in that subsection for the purpose of constructing a road or conducting maintenance or repair work on a road.


(1) A specified person must comply with the conditions to which a consent given under section 779 is subject.


Note




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(a) a person to whom a consent under section 779(4) is given; or

(b) an owner of land—

(i) on which infrastructure is located to which a consent under section 779(4) relates; and

(ii) who has been given notice of the terms and conditions to which that consent is subject.

Note

An information statement issued under section 416 must set out the details of any consent given under section 779(4) and the details of any terms and conditions to which the consent is subject.

781 Uncovering or exposing infrastructure if registered easement or access agreement exists

(1) A person must not, without an Authority's consent, cause or permit any ground over which an easement registered under the Transfer of Land Act 1958 or an access agreement exists in favour of the Authority to be opened, and by doing so cause any infrastructure owned, managed or operated by the Authority to be uncovered or exposed.


Note




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(3) Subsection (1) does not apply to a person who acts as described in subsection (1) in an emergency without the Authority's consent but then notifies the Authority within 24 hours after the infrastructure is uncovered or exposed of that fact and of the location of that infrastructure.

(4) An application for the Authority's consent must be—

(a) made by the owner of the land in the manner determined by the Authority; and

(b) accompanied by any plans and other information that the Authority requires.




(6) An Authority may give its consent subject to any condition it thinks fit.

782 Uncovering or exposing infrastructure if no registered easement or access agreement exists


(a) whether or not in an emergency, a person opens any ground and thereby uncovers or exposes any infrastructure belonging to, or under the control and management of, an Authority; and

(b) no easement registered under the Transfer of Land Act 1958 or access agreement exists in favour of the Authority over the land or any part of the land.

(2) The person must—

(a) immediately cease the work; and


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(b) within 24 hours after the infrastructure is uncovered or exposed notify the Authority of that fact, of the location of that infrastructure and of whether or not the work was done in an emergency; and

(c) not resume the work until after the Authority has responded to the notification.


Note



(4) An Authority must respond to a notification under subsection (2) within 2 business days or, if notified of an emergency under paragraph (b) of that subsection, as soon as possible.

(5) Subsection (2) does not apply to a responsible road authority or a coordinating road authority.

783 False or misleading information

(1) A person must not, in or in connection with an application to the Minister, an Authority or a recording body under this Act or the regulations—

(a) give information that is false or misleading in a material particular; or

(b) make a statement that is false or misleading in a material particular; or

(c) produce a document that is false or misleading in a material particular.



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(2) If under this Act or the regulations a person is required to give any information or produce any document to the Minister, an Authority or a recording body, the person must not in response to that requirement—

(a) give information that is false or misleading in a material particular; or

(b) produce a document that is false or misleading in a material particular.



Note


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PART 13.3—REMEDIAL ACTION NOTICES

784 Service of remedial action notice

(1) An Authority or an authorised water officer may serve a notice that complies with section 785 on an owner or occupier of land if—

(a) the Authority or authorised water officer reasonably believes that the owner or occupier—

(i) has contravened a RAN provision; or

(ii) is contravening a RAN provision; and

(b) the contravention poses a risk of a kind specified in subsection (2).

(2) For the purposes of subsection (1), the following kinds of risks are specified—

(a) a risk of an adverse impact on the quality or availability of water;

(b) a risk to public health or safety;

(c) a risk of damage to neighbouring properties;

(d) a risk of an adverse impact on the environment;

(e) a risk of damage to, or interference with, the Authority's infrastructure or the Authority's access to its infrastructure.

(3) If the land is owned or occupied by more than one person, a notice under subsection (1) may be served on any or all of the owners or occupiers of that land (as the case requires).

(4) The service of a notice under subsection (1) does not prevent—

(a) an Authority exercising a power under section 369(1) in the circumstances specified


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in section 369(2)(e) in respect of the same conduct as that to which the notice relates; or

(b) an authorised water officer serving an infringement notice for an infringement offence that is alleged to be constituted by the same conduct as that to which the notice relates; or

(c) an Authority commencing proceedings for an offence against a provision of this Act or the regulations that is alleged to be constituted by the same conduct as that to which the notice relates.

(5) Section 873(1)(d) and (e) does not apply to service of a notice under this section.

785 Content of remedial action notice

A remedial action notice must—

(a) be in writing; and

(b) specify the name of the owner or occupier of land on whom it is served; and

(c) specify the conduct constituting the contravention of the RAN provision; and

(d) specify the action required to be taken to remedy the contravention; and

(e) specify the period of time within which the action must be taken (being not less than 14 days after the day on which the notice is served); and

(f) state the consequences of non-compliance with the notice; and

(g) state that the person on whom the notice is served may apply to VCAT for review.

786 Non-compliance with remedial action notice


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(1) Subject to any application to VCAT under section 831, this section applies if a remedial action notice is not complied with—

(a) within the time specified in the notice or any longer time allowed by the Authority or authorised water officer who issued the notice; or

(b) to the satisfaction of the Authority or the authorised water officer who issued the notice.


(a) carry out any work and take any other action it decides is necessary to remedy the contravention; or

(b) remove or disconnect any service to the land in relation to which the contravention occurs; or

(c) apply to a court for an injunction restraining the person on whom the notice was served from contravening the notice.

(3) An Authority that does a thing referred to in subsection (2)(a) or (b) may recover its reasonable costs from the person on whom the notice was served.

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PART 13.4—INFRINGEMENT NOTICES

787 Power to issue infringement notices

(1) An authorised water officer may serve an infringement notice on any person whom the officer has reason to believe has committed a water infringement offence.

(2) A water infringement offence is an infringement offence within the meaning of the Infringements Act 2006.

788 Power to issue infringement notices in relation to unauthorised taking of specified amounts of water

(1) An authorised water officer may serve an infringement notice on a person if the officer has reason to believe that the person has contravened section 65(1) in either of the following circumstances—

(a) the person—

(i) was not authorised to take water under a water entitlement or by or under this or any other Act; and

(ii) took an amount of water equal to or less than 10 megalitres of water;

(b) the person—

(i) was authorised to take water under a water entitlement or by or under this or any other Act; and

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(A) an amount equal to or less than 10 megalitres of water; or

(B) an amount equal to or less than 20% of the authorised amount.

(2) An offence referred to in subsection (1) is an infringement offence within the meaning of the Infringements Act 2006.

789 Penalty for infringement offence for unauthorised taking of specified amounts of water

The penalty for an offence for which an infringement notice has been served under section 788 is the penalty prescribed by the regulations which must not exceed 10 penalty units.

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PART 13.5—AUTHORISED WATER OFFICERS

790 Appointment by Authorities of authorised water officers

(1) An Authority may appoint any person as an authorised water officer for a period not exceeding 3 years.

(2) An appointment under this section—


(b) must specify the Authority on whose behalf the person is authorised to act; and

(c) may specify that the person—

(i) may only exercise the powers specified; or

(ii) may not exercise the powers specified; and

(d) may be subject to any other specified condition.

(3) An Authority must require a person appointed under this section to undertake appropriate training before exercising any power, or performing any duty or function, under this Act.

(4) An appointment under this section may be renewed within 60 days before the expiry of the appointment.

791 Appointment by the Minister of authorised water officers

(1) The Minister may appoint any person as an authorised water officer for a period not exceeding 3 years.

(2) An appointment under this section—



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(b) must specify that the person is authorised to act on behalf of the Minister; and

(c) may specify that the person—

(i) may only exercise the powers specified; or

(ii) may not exercise the powers specified; and

(d) may be subject to any other specified condition.

(3) The Minister must require a person appointed under this section to undertake appropriate training before exercising any power, or performing any duty or function, under this Act.

(4) An appointment under this section may be renewed within 60 days before the expiry of the appointment.

(5) Sections 792, 793, 794 and 795 apply in respect of an authorised water officer appointed under this section as if a reference in those sections to an Authority were a reference to the Minister.

792 Code of conduct

(1) An Authority must prepare a code of conduct for authorised water officers and issue a copy to each person appointed as an authorised water officer.

(2) A code of conduct is binding on all authorised water officers.

(3) An Authority must publish the code of conduct on its internet site.

793 Identification of authorised water officers

(1) An Authority must issue to each authorised water officer an identification card that complies with subsection (2).


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(2) An identification card must—

(a) contain a photograph of the person to whom it is issued; and

(b) state—

(i) the full name of the person to whom it is issued; and

(ii) that the person is an authorised water officer of an Authority for the purposes of this Act; and

(c) specify—

(i) the Authority on whose behalf the officer is authorised to act; and

(ii) the date on which the appointment of the officer ends.

Note

An authorised water officer is required to produce their identification card when exercising powers under Division 3 of Part 12.2 (powers to enter land) or section 796(1) (power to require name and address).

794 Revocation of appointment

An Authority may revoke an appointment under section 790 if satisfied that—

(a) the person has exercised a power that the person was not authorised by the appointment to exercise; or

(b) the person is not competent to exercise the powers conferred on the person by the appointment; or

(c) the person has been found guilty of an offence of a kind that, in the opinion of the Authority, renders it inappropriate that the person continue as an authorised water officer; or


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(d) the person has, in connection with the appointment, given false or misleading information; or

(e) the person has not complied with a condition of their appointment.

795 Inquiry into conduct of authorised water officer

(1) An Authority may hold an inquiry for the purpose of determining whether a circumstance referred to in section 794 has occurred in relation to a person appointed under section 790.

(2) While an Authority is conducting an inquiry under subsection (1), it may immediately suspend a person's appointment during the period of the inquiry if it believes, on reasonable grounds, that the person has not exercised a power as an authorised water officer in an appropriate manner.

(3) If, following the inquiry, the Authority is satisfied that a circumstance referred to in section 794 has occurred in relation to the person, the Authority may—

(a) reprimand the person; or

(b) warn the person that should the circumstance occur again in relation to the person, the person's appointment may be revoked; or

(c) impose one or more new conditions on the appointment; or

(d) suspend the appointment for a specified period or until a specified event or until a further determination made by the Authority; or


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(e) revoke the appointment immediately.

796 Power to require name and address

(1) An authorised water officer or a police officer may require a person to state their name and address if the officer or member believes on reasonable grounds that the person has committed, or is committing, an offence against this Act or the regulations.

(2) Before exercising a power under subsection (1)—

(a) an authorised water officer must produce their identification card; and

(b) a police officer must produce proof of their identity and official status, unless the officer is in uniform.

(3) A person who is required under subsection (1) to state their name and address must not—

(a) refuse to state that name or address; or

(b) state a false name or address.


(4) It is not an offence for a person to fail to comply with a request under subsection (1) if the authorised water officer or police officer did not comply with subsection (2).


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PART 13.6—PROSECUTIONS

797 Power to prosecute

(1) A proceeding for an offence against a provision of this Act or the regulations may only be commenced by—

(a) a police officer; or

(b) a person employed under Part 3 of the Public Administration Act 2004 who is authorised by the Minister, by instrument, to do so either generally or in a particular case; or

(c) a person authorised to do so, either generally or in a particular case, by the Authority that has responsibility for the enforcement of the provision; or

(d) a prescribed person or a member of a prescribed class of person.

(2) For the purposes of subsection (1)(c) an Authority has responsibility for the enforcement of a provision if the offence against the provision—

(a) relates to the Authority's infrastructure; or

(b) relates to land on which an easement registered under the Transfer of Land Act 1958 or an access agreement exists in favour of the Authority; or

(c) occurs within a district of the Authority that is relevant to the offence; or

(d) relates to a function or power that the Minister has delegated to the Authority.

(3) In a proceeding for an offence against this Act it must be presumed (in the absence of evidence to the contrary) that the person who commenced the proceeding was authorised to bring it.


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798 Time for commencing proceedings for certain summary offences

Despite section 7 of the Criminal Procedure Act 2009, a proceeding for an offence against any of the following provisions may be commenced not later than 3 years after the date on which the offence is alleged to have been committed—

(a) section 411(3);

(b) section 511.

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PART 13.7—EVIDENTIARY PROVISIONS

799 Amount of water—water meters

(1) This section applies if in any proceeding under this Act or the regulations the amount of water taken by a person, supplied to a property, or delivered to land, is relevant.

(2) Evidence of the amount of water recorded by a meter as having passed through the meter to the person, property or land during that period (in the absence of evidence to the contrary) is proof that that amount of water was taken, supplied or delivered to that person, property or land during that period.

800 Amount of water—Authority's power to estimate


(a) in a proceeding under this Act or the regulations the amount of water taken by a person, supplied to a property, or delivered to land, during any period is relevant; and

(b) as a result of a meter having malfunctioned or having been interfered with, an Authority is of the opinion that the meter did not accurately record the amount of water taken by that person, supplied to that property, or delivered to that land, during that period.

(2) Evidence may be given of the amount of water computed by the Authority in accordance with subsection (3) as having been taken, supplied or delivered to that person, property or land during that period and that evidence (in the absence of evidence to the contrary) is proof that that amount


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of water was taken, supplied or delivered to that person, property or land during that period.

(3) A calculation for the purposes of subsection (2) may be made—

(a) by having regard to—

(i) the amount of water taken by that person, supplied to that property or delivered to that land in any previous or subsequent period or periods; or

(ii) the amount of water supplied or delivered to any similar property or land during the period concerned; or

(b) in any other way that is prescribed.


interfere with, in relation to a meter, includes destroy, damage, remove, obstruct or alter the meter or affect the operation of the meter.

801 Copies of orders and notices of Authorities

(1) This section applies to a document that purports—

(a) to contain a copy of any order or notice made or issued by an Authority (whether before or after the commencement of this subsection); and

(b) to be signed by an authorised person.

(2) The document—

(a) is admissible in evidence in any proceeding under this Act or the regulations; and

(b) is proof (in the absence of evidence to the contrary) that an order or notice in the terms of that document was duly made or issued by the Authority.


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802 Maps and plans

(1) This section applies to a document that purports—

(a) to be a map or plan issued or made by an Authority (whether before or after the commencement of this subsection); and

(b) to show the location of any land or infrastructure or other thing or the physical features of any area; and

(c) to be verified by an authorised person.

(2) The document is admissible in evidence in any proceeding under this Act or the regulations and (in the absence of evidence to the contrary) is proof of the matters shown in the map or plan.

803 Ownership or occupation of land

In any proceeding under this Act or the regulations the following (in the absence of evidence to the contrary) are proof that the person is the owner or occupier (as the case requires) of the land—

(a) evidence that a person is liable to pay a fee or charge imposed under Subdivision 4 of Division 1 of Part 9.2 in respect of any land; or

(b) evidence that a person's name appears in any records kept by an Authority as the owner or occupier of any land; or

(c) evidence by the certificate of the Registrar of Titles or any Deputy Registrar of Titles or Assistant Registrar of Titles


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and authenticated by the seal of the Office of Titles that a person's name appears in the Register kept under the Transfer of Land Act 1958 as the proprietor of an estate in fee simple or of a leasehold estate held of the Crown in any land; or

(d) evidence by the certificate of the Registrar-General or any Deputy Registrar-General that a person appears from a memorial of registration of any deed, conveyance or other instrument to be the owner of any land.

804 Proceedings for the recovery of fees or charges

(1) In any proceeding for the recovery of a fee or charge imposed by an Authority under this Act, an entry in the rate records of a Council or a copy of that entry verified by the statutory declaration of the person making it—

(a) is admissible in evidence in the proceeding; and

(b) is proof (in the absence of evidence to the contrary) that the person named in the entry is the owner or occupier (as the case requires) of the property.

(2) In any proceeding for the recovery of a fee or charge imposed by or under this Act in respect of a water entitlement, works licence, activities licence or a licence to operate a houseboat within a recreational area, an entry in the records of an Authority or in the water register or a copy of that entry verified by the statutory declaration of the person making it—


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(a) is admissible in evidence in the proceeding; and

(b) is proof (in the absence of evidence to the contrary) that the person named in the entry is the holder of the entitlement or licence.

805 Officers of corporations

In any proceeding under this Act or the regulations, the statement of any person that on a particular date the person was an officer of a corporation (other than a water corporation)—

(a) is admissible in evidence; and

(b) is proof (in the absence of evidence to the contrary) that on that date the person was an officer of that corporation.

806 Accuracy of certain instruments

(1) Any instrument used by a person specified in subsection (2) in connection with any evidence given in a proceeding under this Act or the regulations relating to the following, must be presumed (in the absence of evidence to the contrary) to be accurate and precise—

(a) the discharge of anything into the infrastructure of an Authority;

(b) the discharge of anything into a sewerage system under the control and management of an Authority.

(2) For the purposes of subsection (1), the following persons are specified—


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(a) an employee of an Authority;

(b) an authorised water officer;

(c) an authorised person;

(d) an analyst.


instrument includes any monitoring, recording or other equipment or installation.

807 Method of storage or preservation of samples

(1) Each attribute of a sample taken under this Act or the regulations must, for the purpose of any proceeding under this Act, be presumed (in the absence of evidence to the contrary) not to be materially affected by its method of storage or preservation.

(2) A finding by a court that an attribute of a sample referred to in subsection (1) was materially affected by its method of storage or preservation does not rebut the presumption created by that subsection in relation to the other attributes of the sample.

808 Contents of sewers, drains and certain other infrastructure

(1) This section applies to the following infrastructure—

(a) stormwater infrastructure or other infrastructure that is owned or controlled by an Authority that exclusively service a parcel of land; or


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(b) any sewer or other infrastructure on a parcel of land connected to infrastructure of a kind referred to in paragraph (a).

(2) For the purpose of any proceeding under this Act or the regulations, any thing found in any infrastructure to which this section applies must be presumed (in the absence of evidence to the contrary) to have been discharged into the infrastructure by the occupier of that land.

809 Trade waste

(1) This section has effect for the purposes of a proceeding under this Act or the regulations that relates to a contravention of section 360 or 477 that is constituted by an act or omission that is alleged to have occurred on or from premises that a corporation to which subsection (2) applies shares with another corporation that is its subsidiary within the meaning of the Corporations Act.

(2) The corporation to which this subsection applies must be presumed (in the absence of evidence to the contrary) to have caused the act or omission.

(3) Subsection (2) applies to a corporation that holds a consent to discharge trade waste that is given by, or is a party to a trade waste agreement with, a water corporation.

810 Proof of certain matters not required

In any proceeding under this or any other Act, or under regulations under this or any other Act, until evidence is given to the contrary proof is not required as to any of the following—

(a) the constitution of an Authority;

(b) the appointment of the members of an Authority;


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(c) the appointment of an authorised water officer by an Authority or the Secretary;

(d) the appointment of an authorised person or employee of an Authority;

(e) the authorisation of a person by the Minister to do an act or for a particular purpose;

(f) the appointment of an employee of an Authority to do an act or for a particular purpose;

(g) the size, location or boundaries of a district of an Authority established under section 336;

(h) the size, location or boundaries of a recreational area established under section 341;

(i) the fact that a particular property is located within a particular district of an Authority;

(j) the presence of a quorum at any meeting of an Authority;

(k) that a document purporting to be made or issued by an Authority was made or issued by that Authority;

(l) the fixing of any fee or charge;

(m) the validity of the contents of any records or minutes of an Authority;

(n) the declaration of land as a serviced property;

(o) the service of a remedial action notice.

811 Use of analyst's certificate in prosecutions

(1) If in respect of a proceeding for an offence against this Act or the regulations a copy of an analyst's certificate is obtained on


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behalf of the informant and served with the summons to answer to the charge—

(a) the analyst's certificate is admissible in evidence; and

(b) is proof (in the absence of evidence to the contrary) of—

(i) the matters stated in it; and

(ii) the facts on which they are based.

(2) Subsection (1) does not apply if the accused has (at least 7 days before the contest mention date) given written notice to the informant requiring the analyst to be called as a witness.

(3) Service of a copy of an analyst's certificate with a summons to answer to a charge may be proved in any manner in which service of the summons may be proved.

(4) Evidence of service must state that a copy of the certificate was served with the summons.

812 Authentication of documents

Despite anything to the contrary in any other Act, a document requiring authentication by an Authority may be sufficiently authenticated without the seal of the Authority if the document—

(a) is signed by the secretary of the Authority; or

(b) is signed by any other person authorised in writing by the Authority (either generally or particularly) to authenticate that document.

813 Results of analyses admissible in certain proceedings, despite rule against hearsay

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evidence in any proceeding referred to in section 806.

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814 Offences by corporations

(1) If in a proceeding for an offence against this Act or the regulations it is necessary to establish the intention of a corporation, it is sufficient to show that a servant or agent of the corporation had that intention.

(2) A statement made by an officer of a corporation is admissible as evidence against the corporation in any proceeding against the corporation for an offence against this Act or the regulations.

815 Increased maximum fine for body corporate

(1) If a body corporate is found guilty of an offence against this Act and the court has power to fine the body corporate, it may impose on the body corporate a fine not greater than 5 times the amount of the maximum fine that could be imposed by the court on a natural person found guilty of the same offence committed at the same time.

(2) Despite subsection (1), if a body corporate is found guilty by the Magistrates' Court in a summary hearing of an indictable offence, the maximum fine that the Court may impose on the body corporate is 2500 penalty units.

(3) Without limiting section 50 of the Sentencing Act 1991, a court in considering the financial circumstances of an offender that is a small farm body corporate must have regard to the fact that its capacity to pay a fine is more limited than that of a body corporate that is solely or principally engaged in a farming operation but which is not a small farm body corporate.


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816 Criminal liability of officers of bodies corporate—accessorial liability

(1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer—

(a) authorised or permitted the commission of the offence by the body corporate; or

(b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.

(2) For the purposes of subsection (1), the following provisions are specified—

(a) section 20(1);

(b) section 98(1);

(c) section 356(1);

(d) section 358(1);

(e) section 360(1);

(f) section 363(1);

(g) section 364(5);

(h) section 387(1) and (2);

(i) section 388(1);

(j) section 457(1);

(k) section 472(1);

(l) section 477(1) and 2;

(m) section 511(1);

(n) section 518(1), (2), (3), (4) and (5);

(o) section 519(1) and (2);


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(p) section 577(1) and (2);

(q) section 595(1) and (2);

(r) section 597(1) and (2);

(s) section 600(1) and (2);

(t) section 772(1) and (2);

(u) section 774(2);

(v) section 777(1);

(w) section 779(1);

(x) section 780(1);

(y) section 781(1);

(z) section 782(2);

(za) section 783(1) and (2).

(3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.

(4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.


body corporate has the same meaning as corporation has in section 57A of the Corporations Act;

officer in relation to a body corporate means—

(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or


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(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.

(6) This section does not affect the operation of section 323 or 324 of the Crimes Act 1958 or section 52 of the Magistrates' Court Act 1989.

817 Offences by partnerships and unincorporated associations

If it is provided by this Act or the regulations that a person is guilty of an offence, that reference to a person must—

(a) if the person is a partnership, be read as a reference to each member of the partnership; and

(b) if the person is an unincorporated association, be read as a reference to each member of the committee of management of the association.

818 Application of penalties

All penalties imposed on a person in a proceeding for an offence against this Act or the regulations must (when recovered) be paid to and applied to the purposes of the Authority by or on behalf of whom the proceeding was brought.

819 Civil recovery of certain sums and costs not affected by proceedings or findings of guilt

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an Authority or any other person to recover from any person—

(a) any sum for loss or damage suffered by the Authority or person due to the contravention, including the value of any water wrongfully taken, used or diverted; or

(b) the costs and expenses incurred by the Authority or person in remedying that loss or damage.

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CHAPTER 14—GENERAL




(2) This Chapter contains various provisions of a general nature to facilitate the operation of this Act. They include—

(a) the making of various declarations; and

(b) provisions relating to panels and advisory committees; and

(c) delegation and service of document provisions; and

(d) regulation-making powers.

(3) This Chapter also sets out the decisions made under this Act that are reviewable by the Victorian Civil and Administrative Tribunal and who is eligible to apply for review.

(4) This Chapter also contains provisions relating to the Victorian water register, including the making of recordings in it and the provision of access to it.

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PART 14.2—DECLARATIONS, RULES AND OTHER REQUIREMENTS

821 Power to declare lake, lagoon, swamp or marsh

The Minister, by order published in the Government Gazette, may declare a collection of water (other than water collected and contained in a private dam or a natural depression on private land) to be a lake, lagoon, swamp or marsh.

822 Power to declare systems

(1) The Governor in Council, on the recommendation of the Minister, may by order published in the Government Gazette, declare a water system to be a declared water system on and from the day specified in the declaration.

(2) A declaration under subsection (1)—

(a) cannot be amended other than to correct any clerical, factual or other inadvertent mistake in it; and

(b) cannot be revoked.

(3) Before a declaration is made under subsection (1), the Minister must consult with—

(a) any Authority responsible for the delivery of water from the water system to which the proposed declaration relates; and

(b) the Registrar.

823 Power to declare urban areas

The Minister, by order published in the Government Gazette, may declare an area to be an urban area for the purposes of this Act.


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824 Power to declare a public statutory body

The Governor in Council, by order published in the Government Gazette, may declare a public statutory body to be a declared public statutory body.

825 Power to make rules

(1) The Minister, by notice published in the Government Gazette, may make rules for or with respect to the following—

(a) the notice to be given of the making of an application under Chapter 8;

(b) the referral of an application under Chapter 4 or 8 to the Department Head, an Authority, a Council or any other body;

(c) the coordination of pending applications;

(d) any other matter for or with respect to which the Minister is authorised to make rules under this Act.

(2) Rules made under this section may be amended or revoked by notice published in the Government Gazette.

826 Standard application form

(1) This section applies if a provision of Chapter 4, 7 or 8 provides for an application to be made.

(2) For the purposes of an application under a provision of Chapter 4 or 8, the application must—

(a) be made in a form and manner approved by the Minister for that application; and

(b) contain any information that is required by the Minister for that application; and


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(c) be accompanied by the fee, if any, determined by the Minister for that application.

(3) For the purposes of an application under a provision of Chapter 7, the application must—

(a) be made in a form and manner approved by the Authority for that application; and

(b) contain any information that is required by the Authority for that application; and

(c) be accompanied by the fee, if any, determined by the Authority for that application.

827 Applicable notification requirements

(1) This section applies if a provision of Chapter 4 or 8 provides that the applicable notification requirements apply in relation to a particular application under that Chapter.

(2) Subject to any rules made by the Minister under section 825, the Minister must give, or require the applicant to give, notice of the application.

(3) In addition, subject to any rules made by the Minister under section 825, the Minister under a notice referred to in subsection (2) may invite, or require the applicant to invite, written comments on the application.

(4) If a notice under subsection (2) invites written comments, the notice must specify, or require the applicant to specify, the period within which any written comments must be given. That period may be a period specified by rules made by the Minister under section 825.


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(5) A notice referred to in subsection (2) must also contain any other information that is specified by rules made by the Minister under section 825.

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PART 14.3—PANELS AND ADVISORY COMMITTEES

Division 1—Panels

828 Panels appointed by Minister

(1) The Minister may appoint a panel of persons—

(a) to advise the Minister on any matter; or

(b) to consider written comments on any matter and report its findings, or make recommendations, to the Minister on the matter.

(2) Persons appointed to a panel must have expert knowledge of, or experience in, matters to be considered by the panel.

(3) Subject to anything specified by the Minister in the instrument appointing the panel, a panel may regulate its own proceedings.

(4) In considering a matter a panel must take into account anything that this Act, or the Minister, requires it to take into account.

(5) A panel must report to the Minister within the period specified by the Minister.

(6) A panel may include in its report any recommendations that it thinks fit.

(7) A member of a panel is entitled to be paid any fees and allowances fixed by the Minister.

Division 2—Advisory committees

829 Advisory committees appointed by Minister

(1) The Minister may appoint an advisory committee to advise the Minister on any matter referred to it by the Minister.


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(2) The Minister must make sure that, so far as possible, an advisory committee is comprised of members who have knowledge of, or experience in, the matters referred to it and that all relevant interests are fairly represented on it.

(3) The Minister may at any time remove a member of a committee from office.

(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of a committee in respect of the office of member.

(5) Subject to this Act and any rules made under subsection (6), a committee may regulate its own proceedings.

(6) The Minister may make rules (with which committees must comply) about—

(a) their quorums; and

(b) voting powers of their members; and

(c) their proceedings.

(7) A member is entitled to be paid any fees and allowances fixed by the Governor in Council.

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PART 14.4—VCAT REVIEW

830 Which decisions are reviewable

(1) The following Table sets out—

(a) decisions made under this Act that are reviewable in accordance with this Part (reviewable decisions); and

(b) who is eligible to apply for review of a reviewable decision (the eligible person in relation to the reviewable decision).

Note

Under section 4 of the Victorian Civil and Administrative Tribunal Act 1998, a person makes a decision if the person refuses to make a decision or an instrument, imposes a condition or restriction or does or refuses to do any other act or thing. Section 5 of that Act sets out when a person's interests are affected by a decision.

Table

Column 1

Item

Column 2

Reviewable decision

Column 3Eligible person in relation to reviewable decision

1 Decision under section 86 or 87 to amend a bulk entitlement held by an electricity generation company

The electricity generation company

2 Decision under section 101 to refuse an application to issue a water share

The applicant for the water share

3 Decision under section 101 to approve an application to issue a water share

A person whose interests are affected by the decision

4 Decision under section 109 to refuse to approve a transfer of ownership of a water share



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Column 1

Item

Column 2

Reviewable decision


5 Decision under section 109 to refuse to approve a limited term transfer under a water share


6 Decision under section 109 to refuse to approve a standing direction


7 Decision under section 109 to refuse to approve an assignment of a water allocation


8 Decision under section 110 to refuse to approve the revocation of a standing direction


9 Decision under section 112 to refuse to divide a water share


10 Decision under section 113 to refuse to consolidate 2 or more water shares


11 Decision under section 115 to refuse to authorise a surrender of a water share


12 Decision under section 119 to refuse to issue a water share

The applicant for the water share

13 Decision under section 122 to refuse to cancel a water share


14 Decision under section 123 to refuse to cancel a water share



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Item

Column 2

Reviewable decision


15 Decision under section 131 to refuse to issue a take and use licence

The applicant for the licence

16 Decision under section 131 to issue a take and use licence


17 Decision under section 131 to impose a condition on a take and use licence


18 Decision under section 137 to refuse to renew a take and use licence

The holder of the licence

19 Decision under section 139 to amend or remove a condition of a take and use licence, or impose a condition on a take and use licence, on renewal


20 Decision under section 143 or 146 to refuse to amend a take and use licence


21 Decision under section 143 or 146 to refuse to amend or remove a condition of a take and use licence or to impose a condition on a take and use licence


22 Decision under section 150 to suspend or cancel a take and use licence


23 Decision under section 154 to approve a transfer of a take and use licence


24 Decision under section 154 to refuse to approve a transfer of a take and use licence



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Item

Column 2

Reviewable decision


25 Decision under section 157 to impose, amend or remove a condition of a take and use licence


26 Decision under section 166 to refuse to approve rateable land as an approved offset area

The applicant

27 Decision under section 170(1) or (2) to revoke an offset area approval

The person who applied for the offset area approval

28 Decision under section 179 to refuse to issue a water use licence


29 Decision under section 191 to impose conditions on a water use licence (other than standard water use conditions)


30 Decision under section 194 or 198 to refuse to amend or remove a condition of a water use licence or to amend a condition of, or impose a condition on, a water use licence


31 Decision under section 199 or 200 to suspend or cancel a water use licence


32 Decision under section 208 to refuse an application to grant a water use registration

The applicant

33 Decision under section 210 to impose a condition on a water use registration

The applicant


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Item

Column 2

Reviewable decision


34 Decision under section 213 to amend a condition of a water use registration

The person granted the water use registration

35 Decision under section 214 to cancel a water use registration

The person granted the water use registration

36 Decision under section 242 to refuse to give an approval

The applicant for the approval

37 Decision by an Authority under section 357(2) to give consent or refuse its consent


38 Decision by an Authority under section 357(2) to give consent subject to a condition under section 357(3)(b) or (c)


39 Decision by an Authority under section 357(5) to impose an additional condition, or to amend or remove a condition, to which a consent under section 357(2) is subject

The owner of the land

40 Decision by an Authority under section 359 to remove any connection that connects a serviced property to its infrastructure


41 Decision by an Authority under section 362(1) to refuse its consent

The applicant


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42 Decision by an Authority under section 362(1) to give consent subject to a condition under section 362(2)(b) or (c)

The applicant

43 Decision by an Authority under section 364 to serve a required work notice

The owner of the serviced property or land

44 Decision by a water corporation under section 369(1) to discontinue a supply or delivery of water in the circumstance referred to in section 369(2)(d)

The owner or occupier of the serviced property

45 Decision by an Authority under section 394(1) to require the owner of any land to remove a tree or other vegetation


46 Decision by a water corporation under section 399(2) as to the number, type or position of any bridge or other crossing required to be constructed or the amount of compensation required to be paid


47 Decision by the Minister under section 402(3) to accept with or without modifications, or reject, a water management scheme


48 Decision by an Authority or public statutory body under section 410 to require an owner or occupier of land to do a thing specified in that section



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49 Decision by an Authority or public statutory body under section 412(2) to refuse its consent


50 Decision by an Authority or public statutory body under section 412(2) to give its consent


51 Decision by an Authority or public statutory body under section 412(2) to give consent subject to a condition under section 412(3)(b) or (c)


52 Decision by an Authority or public statutory body under section 412(4) to impose an additional condition or amend or remove a condition to which a consent under section 412(2) is subject


53 Decision by a water corporation under section 468(1) to direct the owner of a serviced property, or the owners of a group of serviced properties, to connect the property or properties to the water corporation's sewerage infrastructure

The owner or owners

54 Decision by a water corporation under section 471(1) to impose a requirement



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55 Decision by a water corporation under section 471(3) to impose an additional requirement or amend or remove a requirement


56 Decision by an Authority under section 506(1) to remove, demolish or modify any infrastructure or structures


57 Decision by the Minister under section 527(1) to refuse an application under section 525


58 Decision by the Minister under section 527(1) to approve an application under section 525


59 Decision by the Minister under section 531(1)(b) or (c) to make a works licence subject to any condition


60 Decision by the Minister under section 532(b) to make an activities licence subject to any condition


61 Decision by the Minister under section 537(1) to approve an application and amend a condition of a works licence or activities licence



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62 Decision by the Minister under section 537(1) to refuse an application to amend a condition of a works licence or activities licence

The applicant

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63 Decision by the Minister under section 540(1) or (2) to amend a works licence or activities licence


64 Decision by the Minister under section 542(1) to approve an application for the renewal of a works licence or activities licence


65 Decision by the Minister under section 542(1) to refuse an application for the renewal of a works licence or activities licence


66 Decision by the Minister under section 545(1) to impose any new condition on a works licence or activities licence or to amend or remove any condition to which a works licence or activities licence is subject


67 Decision by the Minister under section 549 to refuse to approve the transfer of a works licence or activities licence


68 Decision by the Minister under section 549 to approve the transfer of a works licence or activities licence



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69 Decision by the Minister under section 552 to impose a new condition on a works licence or activities licence or to amend or remove any condition to which a works licence or activities licence is subject


70 Decision by the Minister under section 553(1) to suspend or cancel a works licence or activities licence


71 Decision by the Minister under section 573(a) to approve an application under section 572


72 Decision by the Minister under section 573(b) to refuse to approve an application under section 572


73 Decision by the Drillers' Licensing Board under section 581 to refuse an application under section 580 for a driller's licence

The applicant


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74 Decision by the Drillers' Licensing Board under section 581 to refuse to authorise a particular method of drilling or bore construction under a driller's licence

The licence holder

75 Decision by the Drillers' Licensing Board under section 588(2) to cancel or suspend a driller's licence

The licence holder

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76 Decision by the Minister to give a direction under section 594(1), (3) or (4)


77 Decision by the Minister to give a direction under section 596(1)


78 Decision by the Minister to give a direction under section 599(1)


79 Decision under section 603(3) by an Authority or other person responsible for the payment of compensation as to the amount of compensation payable


80 Decision of an Authority under section 627 on an objection under section 626(1) on any of the grounds specified in section 626(3)


81 Decision of an Authority under section 638

An owner of a property but only on a ground specified in section 637(4)(a) to (e) and (g)

82 Decision by an appointed Authority under section 758



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83 Decision by an Authority under section 764 to recover costs


84 Decision by a water corporation to serve a notice under section 774(1)


85 Decision by an Authority or authorised water officer under section 784(1) to serve a remedial action notice


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87 Decision by an Authority or authorised water officer under section 784(1) to require action to be taken within a particular period of time under a remedial action notice


88 Decision by a recording body under section 856


89 Decision by the Minister as the granting authority under clause 29(5) of the Agreement as defined by section 4(a) of the Groundwater (Border Agreement) Act 1985

The State of South Australia

(2) As soon as possible after making a reviewable decision, the decision maker must advise in writing the applicant and any other person who has made a written comment on the application of—

(a) the outcome of the application; and

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request the decision maker to give a written statement of reasons for the decision; and

(c) the right of an eligible person to apply to VCAT for review of the decision.

(3) A failure of a decision maker to comply with subsection (2) does not affect the validity of the decision.

831 Reviews by VCAT

(1) A person may apply to VCAT for review of a reviewable decision if the person is an eligible person in relation to the reviewable decision.

(2) The application must be made within 28 days after the later of—

(a) the day on which the decision is made; or

(b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

(3) Despite subsection (2), an application for review of a decision referred to in item 49 or 56 in the Table in section 830(1) may be made within 60 days after the later of—

(a) the day on which the person is notified of the decision; or

(b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person


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is informed under section 46(5) of that Act that a statement of reasons will not be given.

832 Matters VCAT must take into account in review proceedings

In determining an application under this Act for review of a decision (other than an application for review to which section 834(1) applies) VCAT must take all relevant considerations into account including, where appropriate—

(a) any relevant planning scheme; and

(b) any relevant planning scheme or amendment adopted by a planning authority under the Planning and Environment Act 1987 but not, as at the date the application is determined, approved by the Minister or the planning authority; and

(c) any relevant State environment protection policy declared in any Order made by the Governor in Council under section 16 of the Environment Protection Act 1970.

Note

Under section 51(1)(a) of the Victorian Civil and Administrative Tribunal Act 1998, VCAT in exercising its review jurisdiction has all the functions of the person who made the decision under this Act.

833 Review by VCAT—connection to Authority's sewerage infrastructure

(1) This section applies to VCAT in determining an application under section 831 in respect of a decision by an Authority under section 468(1) to require the owner of a serviced property, or the owners of a group of serviced properties, to connect to the Authority's sewerage infrastructure.

(2) VCAT must not make a determination that has the effect that the owner is not required to connect to


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the sewerage infrastructure of the Authority unless the circumstances set out in subsection (3) exist.

(3) The owner can demonstrate that the owner is able to dispose of sewage or trade waste from the property (whether alone or in combination with other properties) in a manner that avoids an adverse impact on public health or the environment.

834 Review by VCAT—charges determined on the basis of valuation of land

(1) A person who objects to—

(a) the calculation or application of a valuation equalisation factor; or

(b) the fixing of different charges that are based on valuation—

may apply to VCAT for review in accordance with Part III of the Valuation of Land Act 1960.

(2) The provisions of Division 4 of Part III of the Valuation of Land Act 1960, with such modifications as are necessary, apply to an application under subsection (1).

835 Application to VCAT for declaration

(1) A person may apply to VCAT for a declaration concerning any matter that could form the subject of an application to VCAT under this Act, whether in its original or review jurisdiction (other than an application for review to which section 834(1) applies).

(2) On an application under subsection (1), VCAT may make any declaration it thinks appropriate in the circumstances.


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(3) VCAT's power to make a declaration under this section is exercisable only by a presidential member of VCAT or a member of VCAT who is a legal practitioner.

836 Orders for compensation in certain cases

In determining an application under section 831 in respect of a decision by an Authority under section 506(1), VCAT may make any order for the payment of compensation that it thinks appropriate.

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PART 14.5—VICTORIAN WATER REGISTER

Division 1—Water Register and Registrar

837 Continuation of water register

(1) There continues to be a Victorian water register.

(2) The water register is made up of records and information kept by various recording bodies relating to—

(a) water entitlements or other matters as prescribed by the regulations; and

(b) the allocation and use of water resources in Victoria.

(3) The purpose of the water register is to facilitate the responsible, transparent and sustainable use of the State's water resources by—

(a) facilitating the monitoring of, and reporting in relation to, records and information referred to in subsection (2); and

(b) facilitating a market for water entitlements by making records and information about their ownership and use publicly available.

838 Registrar and staff

(1) A Registrar of the water register is to be employed under Part 3 of the Public Administration Act 2004 for the purposes of this Part.

(2) The Registrar has the functions that are conferred on the Registrar by or under this Act.

(3) Any other employees that are necessary for the purposes of this Part may be employed under the Public Administration Act 2004.


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(4) The Registrar, by instrument, may delegate any of the Registrar's powers, duties or functions under this Act or a subordinate instrument made under this Act (other than this power of delegation) to—

(a) a person employed under Part 3 of the Public Administration Act 2004; or

(b) a water corporation.

(5) A delegation under subsection (4) may be subject to any conditions that the Registrar considers appropriate.

839 Responsibility of Minister for the system

(1) Subject to subsection (2) and the regulations, the Minister may maintain and develop the system for the water register as the Minister thinks fit.

(2) For the purposes of ensuring the integrity, efficiency and viability of the water register and consistency and compatibility between recording bodies—

(a) the Minister must consult with the other recording bodies about the design of the system for the register, including the form and manner of recording information and keeping records in it and the processes involved; and

(b) each recording body must consult with the other recording bodies about the matters covered by paragraph (a).

840 Electronic lodgement network

The Minister may maintain and develop a network for the purpose of enabling electronic documents to be lodged for the making of recordings in the water register.


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Division 2—Recordings in relation to water shares

841 Recording of transfer or surrender

(1) A person may lodge with the Registrar a document for the recording of—

(a) a transfer of ownership of a water share; or

(b) a limited term transfer.

(2) If a recording is made of a limited term transfer and the rights under that transfer are transferred back to the owner of the water share or surrendered before the expiry of the fixed period, the water share ceases to be subject to that transfer.

(3) The holder of a limited term transfer who surrenders it may lodge with the Registrar a document for the recording of the surrender.

842 Recording of legal personal representatives

(1) A legal personal representative of a deceased person may lodge with the Registrar a document for the recording of the transmission to the legal personal representative of—

(a) the ownership of a water share owned by the deceased person; or

(b) the holding of a limited term transfer held by the deceased person; or

(c) the deceased person's interest as mortgagee of a water share.

(2) On the making of a recording in a case where subsection (1)(a) applies—

(a) the legal personal representative becomes the owner of the water share in respect of the interest of the deceased owner; and


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(b) the legal personal representative holds the water share subject to all equities to which the deceased owner was subject in relation to it, but is its owner for the purpose of any dealing with it under this Act; and

(c) the status of the legal personal representative as owner of the water share relates back to, and is to be taken to have arisen on, the death of its owner as if there had been no interval of time between the death and the recording.

(3) On the making of a recording in a case where subsection (1)(b) applies—

(a) the legal personal representative becomes the holder of the limited term transfer in respect of the interest of the deceased holder; and

(b) the status of the legal personal representative as holder of the limited term transfer relates back to, and is to be taken to have arisen on, the death of its holder as if there had been no interval of time between the death and the recording.

(4) On the making of a recording in a case where subsection (1)(c) applies—

(a) the legal personal representative becomes the mortgagee of the water share in respect of the interest of the deceased mortgagee; and

(b) the status of the legal personal representative as mortgagee relates back to, and is to be taken to have arisen on, the death of the deceased mortgagee as if there had been no interval of time between the death and the recording.


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843 Recording of survivor of joint ownership or holding

(1) This section applies on the death of a person who is recorded in the water register as—

(a) joint owner of a water share together with any other person; or

(b) joint holder of a limited term transfer together with any other person; or

(c) joint holder of a mortgagee interest in a water share together with any other person.

(2) Subject to this Act, the survivor may lodge with the Registrar a document for the recording of the transmission to the survivor of the deceased person's ownership or holding.

844 Recording of trustee of bankrupt

(1) The trustee in bankruptcy of an owner of a water share may lodge with the Registrar a document for the recording of the transmission to that trustee of that owner's interest in that share.

(2) On the making of the recording, the trustee in bankruptcy—

(a) becomes the owner of the water share in respect of the interest of its owner; and

(b) holds the water share subject to all equities to which its owner was subject in relation to it, but is its owner for the purpose of any dealing with it under this Act.

(3) Unless the trustee in bankruptcy has applied for the making of a recording under this section before a dealing with the water share by its bankrupt owner, the dealing is not affected by any order of sequestration if it was with a person dealing in good faith and for value with that owner.


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845 Recording of mortgages

(1) If the owner of a water share mortgages it, a person may lodge with the Registrar a document for the recording of the mortgage.

(2) On the making of the recording, the mortgage—

(a) has effect as a security; and

(b) does not operate as a transfer of the water share to which it applies.

Note

Under section 114(1) the owner of a water share must not mortgage a portion of it.

846 Variation of recorded mortgage of water share

(1) The parties to a recorded mortgage of a water share may agree, in writing, to vary—

(a) the terms of the mortgage; or

(b) the principal sum or interest secured by it.

(2) If the water share is subject to any subsequent recorded mortgage, the agreement in writing of that subsequent mortgagee to the variation must be obtained.

(3) If a recorded mortgage of a water share is varied under this section, the mortgagee may lodge with the Registrar a document for the recording of the variation.

(4) On the making of the recording, the mortgage has effect as varied from the time the document for the making of it is lodged with the Registrar.

847 Variation of priority of recorded mortgages

(1) The priority between or among themselves of recorded mortgages of a water share may be varied from time to time, if each of those mortgages affects that water share only.


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(2) On the recording of a variation, the recorded mortgages—

(a) have priority between or among themselves in the order set out in the approved form of variation; and

(b) must be taken to have been recorded in that order.

848 Transfer of recorded mortgage

If a mortgagee of a water share transfers it to another person, the transferor may lodge with the Registrar a document for the recording of the transfer of the mortgage.

849 Procedure in case of default in payment of money secured or covenant


(a) default is made in the payment of the principal sum or the interest secured by a recorded mortgage of a water share or in the performance of any express or implied covenant in that mortgage; and

(b) the default continues for one month or any other period expressly fixed in the instrument of mortgage.

(2) The mortgagee may serve a written notice to pay the money owing or perform and observe the covenant (as the case requires) on—

(a) the mortgagor; and

(b) any other person who has a recorded mortgage of that water share; and

(c) any person who is recorded in the water register as having a limited term transfer under that water share.


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(3) If money secured by a recorded mortgage of a water share is made payable on demand, a demand in writing under the mortgage is, for the purposes of this Act, equivalent to serving a notice under subsection (2).

850 Power of sale under a recorded mortgage

(1) The mortgagee of a recorded mortgage of a water share, in the circumstances specified in subsection (2), may sell the water share in good faith and having regard to the interests of the mortgagor or other persons specified in section 849(2)(b) and (c).

(2) The circumstances are that the mortgagor or those other persons do not comply with a notice or demand under section 849—

(a) within one month after it being served or made under that section; or

(b) within any other period fixed in the instrument of mortgage.

(3) A mortgagee who exercises a power of sale under this section, in accordance with this Act, may—

(a) sell the water share subject to any terms and conditions that the mortgagee thinks fit; or

(b) make and sign any transfers; or

(c) do any acts or things necessary for making the sale effective.

(4) In the case of a mortgage, to which clause 18 of Schedule 1 applies, over one or more persons' undivided portion in a water share—

(a) the mortgagee can exercise a power of sale under this section in relation to that part of the share; and


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(b) the exercise of that power of sale does not divide the water share.

Note

The general requirements of this Act relating to the transfer of ownership of water shares apply to a sale under this section—see Division 3 of Part 4.4.

851 Notifying the Registrar

Subject to this Part, if a mortgagee of a recorded mortgage of a water share exercises a power of sale under section 850, a person may lodge with the Registrar a document for the recording of that transfer of ownership.

852 Application of purchase money

The purchase money received arising from a sale under section 850 must be applied as follows—

(a) firstly, in payment of all costs, charges and expenses properly incurred in relation to the sale;

(b) secondly, in payment of the money due or owing on the mortgage;

(c) thirdly, in payment of the money owing under or in respect of subsequent recorded mortgages of the water share in the order of their respective priorities;

(d) fourthly, in payment of the residue (if any) to the mortgagor.

853 Vesting of water share in purchaser

(1) On the recording in the water register of a transfer under section 851, the interest of the mortgagor in the water share vests in the purchaser as owner by transfer, freed and discharged from all liability on account of—

(a) the mortgage; or


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(b) except where the mortgagor is the purchaser, any subsequent recorded mortgage of the water share; or

(c) any subsequent recorded limited term transfer, except for a transfer to which the mortgagee gave consent.

(2) Subsection (1) does not apply to a mortgage that is for any reason binding on the mortgagee.

(3) The title of a purchaser of a water share is not impeachable on the ground that—

(a) no case had arisen to authorise the sale under section 850; or

(b) due notice was not given; or

(c) the power of sale under section 850 was otherwise improperly or irregularly exercised.

(4) However, a person affected by the sale may seek a remedy in damages in a court of competent jurisdiction against the person exercising the power of sale.

854 Recording of discharge of recorded mortgage

(1) A person may lodge with the Registrar a document for the recording of the discharge of a recorded mortgage.

(2) On the making of the recording, the water share ceases to be subject to, or liable for, the mortgage or any money due in respect of it.

855 Priority of recordings

(1) For the purposes of determining the priority of recordings in the water register in relation to water shares, the Registrar must ensure that the time and date of lodgement of any document for the making of a recording is recorded.


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(2) If 2 or more documents for the making of a recording in relation to the same water share are lodged and are waiting recording, the Registrar may make the recordings in the order which will give effect to the intentions of all the parties as expressed in, or apparent to the Registrar from, those documents.

(3) Subject to subsection (2), the priority of documents lodged for the making of a recording in relation to a water share as between themselves is according to the time and date of lodgement.

(4) A recording takes effect at the date the recording is made.

Division 3—Restriction on public access

856 Suppression of certain personal records and information

(1) A person, whose personal information is held in the water register, may apply to a recording body to restrict public access to some or all of it.

(2) The recording body may restrict public access to some or all of that personal information if satisfied that exceptional circumstances exist justifying that restriction.

(3) A restriction may be for the period, and on the conditions, that the recording body thinks fit.

(4) The recording body may release personal information restricted under this section to a person who applies for it if satisfied that it is in the public interest to do so.

(5) Personal information may be released under subsection (4) on any condition that the recording body thinks fit.


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(6) If a recording body decides to release restricted personal information under subsection (4), the recording body must give written notice of the decision to the person whose information it is.

(7) A recording body must not release restricted personal information under this section until 28 days after giving written notice under subsection (6).

Division 4—Correction and amendment of water register

857 Correction and amendment of water register

(1) A recording body, if satisfied that it is necessary to do so to reflect the current status of a record or information, may correct or amend the part of the water register for which it is responsible—

(a) to correct any error in a recording; or

(b) to amend any recording; or

(c) to delete or cancel any recording.

(2) A recording body must correct or amend the part of the water register for which it is responsible if required to do so—

(a) by a court or tribunal; or

(b) under this or any other Act.

(3) A recording body may correct or amend the part of the water register for which it is responsible by—

(a) adding, cancelling or deleting a recording; or

(b) adding, altering or deleting particulars or details contained in a recording; or

(c) recording details of any change in the name or address of any person to whom the matter recorded in the water register relates.


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(4) A recording body—

(a) may correct the water register on the body's own initiative; or

(b) may correct or amend the water register on the application of a person in the approved form accompanied by—

(i) the prescribed fee (if any); or

(ii) in the case of an Authority, the fee fixed by the Authority (if any); or

(c) may correct or amend the water register as a consequence of the Minister exercising a power under section 61.

858 Notification of parties

If a recording body under section 857(4)(a) corrects a substantial error affecting a person's recorded interest, it must notify each person who is recorded in the water register as having an interest in the matter in respect of which the correction has been made.

Division 5—General

859 Making false entries etc. in water register

A person must not knowingly make, or cause to be made—

(a) a false recording in the water register; or

(b) a recording, or an alteration, cancellation or deletion of a recording, in the water register without—

(i) the authority of the Registrar; or

(ii) being otherwise authorised to do so.

Penalty: Level 8 imprisonment (12 months maximum) or a level 8 fine (120 penalty units maximum) or both.


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860 Disclosure of information

(1) A recording body responsible for establishing and maintaining in the water register records and information relating to any matter must ensure that those records are, and that information is, disclosed to—

(a) the Registrar; and

(b) any other recording body if disclosure to that other body is necessary to enable it to discharge its responsibilities in relation to the register.

(2) A recording body is authorised to collect and use information disclosed under this section for the purposes of carrying out its functions under this Act.

861 Power to require statutory declarations

A recording body may require that information be given by statutory declaration.

862 Recording body may require proof of identity

(1) A recording body may require a person who requests the recording of any matter in the water register, or the approval of any matter for recording in the water register, to provide any proof of identity that it considers sufficient.

(2) A recording body is not required to comply with a request under subsection (1) if it is not satisfied about the identity of any person by or on behalf of whom any document relating to the matter was executed.

(3) A recording body may require or permit the identity of a person to be verified by a person or class of person approved as a verifier for the purposes of this section.


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(4) A recording body, by notice published in the Government Gazette, may approve—

(a) a person as a verifier, or a class of person as verifiers, for the purposes of this section; or

(b) standards of proof of identity that the recording body considers sufficient for the purposes of this section.

863 Recording body may require production of documents

(1) Before making a recording in the water register, a recording body may require the person requesting the recording to submit any documents, or give any information, related to it.

(2) If a requirement of a recording body under subsection (1) is not complied with, the recording body—

(a) may refuse to make the recording until it is complied with; or

(b) if the requirement is not complied with and the recording is not made, may—

(i) return to the person requesting the recording any documents or information submitted to it; and

(ii) retain any fee that has been paid by that person.

864 Certificates and evidentiary effect

(1) For the purposes of a proceeding in any court or tribunal, a recording body may issue a certificate under its signature or seal (as the case requires) certifying as to any matter—

(a) that is recorded in, or can be ascertained from, the part of the water register for which it is responsible; or


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(b) that can be ascertained from any other records or information maintained by it.

(2) All courts and persons acting judicially must take judicial notice of a recording body's signature or seal (as the case requires) on a certificate issued under subsection (1) and, until the contrary is proved, must presume that it was properly signed or sealed.

(3) In any proceeding, a certificate issued under subsection (1) purporting to be signed or sealed (as the case requires) by a recording body is evidence and (in the absence of evidence to the contrary) is proof of the matters specified in the certificate.

865 Method of giving of notices

(1) A notice under this Part may be given—

(a) by being sent by letter posted to the person concerned at the address of the person recorded in the water register (which may be a post office box); or

(b) by fax, email or other electronic means of communication; or

(c) at the person's last known place of residence or business.

(2) A recording body may cause a copy of any notice sent by it to be filed with a memorandum that it was so sent and the memorandum is sufficient proof that the notice was in fact sent.

(3) If a notice is sent by letter posted to any person at the address recorded in the water register under subsection (1)(a) and the letter is returned by the post office, a recording body may, if it thinks fit—

(a) direct any further notice to be given; or


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(b) direct substituted service; or

(c) proceed without notice.

866 Power to remit fees

In appropriate cases, a recording body may remit to a person the whole or part of a fee paid or payable to it under the regulations and the Consolidated Fund is, by this section, appropriated accordingly.

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PART 14.6—SUPPLEMENTARY PROVISIONS

867 Power of Minister to delegate

(1) This section applies to any power, discretion, function, authority or duty of the Minister under this or any other Act or under any subordinate instrument made under this Act, other than—

(a) subject to subsection (3), this power of delegation; and

(b) the Minister's powers under—

(i) sections 61(1), 821, 869 and 871; and

(ii) Divisions 2 and 3 of Part 4.3; and

(iii) Part 4.8.

(2) The Minister, by instrument, may delegate the power, discretion, function, authority or duty to any person or class of person.

(3) If the delegation is to an Authority, the Minister may also delegate, by instrument, the power of delegation conferred by this section in relation to the power, discretion, function, authority or duty so delegated.

(4) An Authority to which a power of delegation is delegated in relation to a delegated power, discretion, function, authority or duty may, subject to the terms of the instrument of delegation, by instrument sub-delegate that delegated power, discretion, function, authority or duty, but not the power of delegation in relation to it.

(5) A sub-delegation may only be made under subsection (4) to a person or class of person employed by the Authority or employed under Part 3 of the Public Administration Act 2004.


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(6) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply in relation to a sub-delegation in the same manner as they apply in relation to a delegation.

868 Powers of Minister in enforcing certain provisions

(1) For the purposes of ensuring that Chapters 2, 4 and 8 are complied with, the Minister has the powers given by Part 12.2 to an authorised water officer.

(2) Section 733 applies to the Minister in the exercise of those powers as if the Minister were an authorised water officer.

(3) This Act applies to a remedial action notice served by the Minister as if it were served by an Authority under section 784(1).

869 Power of Minister to give directions

(1) The Minister, after consulting with the Treasurer, may give a written direction to an Authority in relation to the performance of any of its functions or the exercise of any of its powers.

(2) Without limiting subsection (1), a direction may be given in relation to compliance with a bulk entitlement or a water resource management order.

(3) An Authority to which a direction is given must comply with it.

(4) The Minister must give an Authority 14 days' written notice of the intention to give a direction.

(5) The Minister must make sure that the following is published in the Government Gazette in relation to any direction given by the Minister—

(a) a notice of the giving of it; and

(b) a statement or summary of its contents.


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(6) An Authority to which the Minister gives a direction must make sure that a statement or summary of its contents is included in the annual report of the Authority.

(7) A failure to comply with subsection (5) or (6) does not affect the validity of the direction.

870 Reimbursement of cost of complying with directions

(1) This section applies if the Minister is satisfied that an Authority has suffered financial detriment as a result of complying with a direction under section 869.

(2) The Minister may direct that the Authority be reimbursed the amount determined by the Minister as the amount of the financial detriment.

(3) The Minister must not make a determination under subsection (2) without first—

(a) obtaining the approval of the Minister administering the Financial Management Act 1994; and

(b) consulting with the board of directors of the Authority.

(4) On making a determination under subsection (2), the Authority becomes entitled to the payment of the amount so determined.

(5) A reference in subsection (1) to suffering financial detriment includes a reference to—

(a) incurring costs that are greater than would otherwise have been incurred; or

(b) foregoing revenue that would otherwise have been received.

(6) A determination under subsection (2) must be made in writing.


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871 Power of Minister to exempt

(1) The Minister, by order published in the Government Gazette, may exempt any person or class of person or any infrastructure or class of infrastructure from—

(a) any provision of Chapter 4 to the extent that the provision relates to bulk entitlements or take and use licences; or

(b) any provision of Chapter 8.

(2) An exemption under subsection (1) may be given either unconditionally or on specified conditions or may be limited to specified circumstances.

872 Service of documents on an Authority

(1) Any document required or permitted to be served on an Authority may be served—

(a) by being left at its principal office with a person authorised in writing by the Authority to accept service of documents on behalf of the Authority; or

(b) by sending it by registered post addressed to the managing director at the principal office of the Authority.

(2) The provisions of this section are additional to and do not take away from the provisions of any rules of court concerning service of documents.

873 Service of documents by an Authority

(1) If by or under this Act a document is required or permitted to be served by an Authority, or an officer within the meaning of Part 12.2, on a person then, unless otherwise expressly provided by this


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Act or the regulations, the document may be served—

(a) by delivering it personally to the person to be served; or

(b) by leaving it at that person's usual or last known place of residence with a person apparently over the age of 16 years and apparently living there; or

(c) by sending it by post addressed to the person to be served at that person's usual or last known place of residence; or

(d) in the case of service on an owner of any land or premises whose name and address are not known to the Authority or the officer—

(i) by delivering it personally to the occupier of the land or premises concerned or leaving it at the land or premises with a person apparently over the age of 16 years and apparently living there; or

(ii) if there is no occupier, by putting it up on a conspicuous part of the land or premises; or

(e) in the case of service on an occupier of any land or premises whose name and address are not known to the Authority or the officer, by putting it up on a conspicuous part of the land or premises; or

(f) by sending it by fax or email to the person, if the person has consented to receiving documents from an Authority by that method.


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(2) A document that is to be served on the owner or occupier of any land or premises may be addressed by the description of "the owner" or "the occupier" of the land or premises concerned (naming it or them), without further name or description.

(3) An occupier of any land or premises to whom under subsection (1)(d) there is personally delivered a document that is intended to be served on the owner of that land or those premises must immediately send that document by registered post addressed to the owner—

(a) at the owner's usual place of residence (if known to the occupier); or

(b) the owner's place of residence last known to the occupier; or

(c) if the owner has notified the occupier of an address at which documents may be served on the owner, at that address.



(5) For the purposes of subsection (1)(f), a document that is served by sending it by fax or email is taken to be received at the time at which the fax or email is sent.

(6) The provisions of this section are additional to, and do not take away from, the provisions of sections 109X and 601CX of the Corporations Act.

(7) If a document is properly served on the owner or occupier of any land or premises, that service is binding on every subsequent


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owner or occupier to the same extent as if it had been served on that subsequent owner or occupier.

874 Change of name of Department

If under the Public Administration Act 2004 the name of the Department of Environment and Primary Industries is changed, the reference in the definition of department in the Dictionary to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

875 Incorporation of documents in orders or other instruments

An order or other instrument (other than a water resource management order or regulations) made under this Act may apply, adopt or incorporate any matter contained in any document, whether—

(a) wholly or partially or as amended by the order or other instrument; or

(b) as existing at the time the order or other instrument is made or at any time before then.

Note

See section 877(2)(f) as to incorporation by regulations.

876 Supreme Court—limitation of jurisdiction

It is the intention of section 726(8) to alter or vary section 85 of the Constitution Act 1975.

877 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act including, but not limited to, the matters and things specified in Schedule 6.


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(2) Regulations made under this Act—

(a) may be of general or of limited application; and

(b) may differ according to differences in time, place or circumstance; and

(c) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

(d) may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and

(e) may require a matter affected by the regulations to be—

(i) in accordance with a specified standard or specified requirement; or

(ii) approved by or to the satisfaction of a specified person or a specified class of person; or

(iii) as specified in both subparagraphs (i) and (ii); and

(f) may apply, adopt or incorporate any matter contained in any document, whether—

(i) wholly or partially or as amended by the regulations; or

(ii) as existing at the time the regulations are made or at any time before then; or

(iii) as existing from time to time; and

(g) may impose a penalty for a contravention of the regulations not exceeding 20 penalty


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units for a natural person and 100 penalty units for a body corporate.

(3) A power conferred by this Act to make regulations providing for fees may be exercised by providing for the following—

(a) specific fees;

(b) maximum fees;

(c) minimum fees;

(d) fees that vary according to differences in value or other circumstances;

(e) the reduction, waiver or refund, in whole or in part, of fees.

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CHAPTER 15—SAVINGS AND TRANSITIONAL PROVISIONS

878 Schedule 7


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CHAPTER 16—REPEALS AND AMENDMENTS

PART 16.1—REPEALSs. 879

See:Act No.80/1989.Reprint No. 11as at1 December 2013and amendingAct Nos22/2013, 17/2014 and 28/2014.LawToday:www.legislation.vic.gov.au

879 Repeal of Water Act 1989

The Water Act 1989 is repealed.

880 Repeal of Water Industry Act 1994

The Water Industry Act 1994 is repealed.

See:Act No.121/1994.Reprint No. 7as at7 November 2012and amendingAct Nos24/2013 and 79/2013.LawToday:www.legislation.vic.gov.au


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PART 16.2—AMENDMENTS

Division 1—Amendment of Conservation, Forests and Lands Act 1987

881 Delegation of powers and functionsSee:Act No.41/1987.Reprint No. 8as at21 July 2011and amendingAct Nos65/2011, 43/2012, 67/2013 and 24/2014.LawToday:www.legislation.vic.gov.aus. 881

(1) In section 11(3A) and (3B) of the Conservation, Forests and Lands Act 1987, for "Part 5AA of the Water Act 1989" substitute "Part 8.4 of the Water Act 2014".

(2) In section 11(3AA) of the Conservation, Forests and Lands Act 1987—

(a) for "Division 4 of Part 4 of the Water Industry Act 1994" substitute "Division 15 of Part I of the Land Act 1958"; and

(b) for "(within the meaning of the Water Industry Act 1994)" substitute "(within the meaning of the Land Act 1958)".

(3) In section 11(3C) of the Conservation, Forests and Lands Act 1987—

(a) for "section 136, 149 or 184(2) and (3) of the Water Industry Act 1994" substitute "section 229D or 229E of the Land Act 1958"; and

(b) for "(within the meaning of the Water Industry Act 1994)" substitute "(within the


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meaning of the Land Act 1958)".

882 New Division 3 of Part 4 inserted

After Division 2 of Part 4 of the Conservation, Forests and Lands Act 1987 insert—

"Division 3—Rates

Subdivision 1—Interpretation

30A Interpretation

(1) In this Division—

applicable rate means—

(a) a rate determined under section 30D; or

(b) a rate that applies under section 30F; or

(c) an amount agreed to in accordance with section 30I or determined by the Treasurer in accordance with that section;

Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;

declared public statutory authority—see section 30C;


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metropolitan water corporation has the same meaning as in the Water Act 2014;

rating authority means the Minister administering this Division;

valuation equalisation factor means a factor determined by the Valuer-General in accordance with section 30B.

30B Determination of valuation equalisation factor

The Valuer-General, by Order published in the Government Gazette, may determine a factor which, in the Valuer-General's opinion, the net annual value of land within an area specified in the Order determined as at a particular date ought to be multiplied if the net annual value of the land is to accord with levels of value generally prevailing in that area as at 30 June 1990.

30C Declared public statutory authorities

The Governor in Council, by Order published in the Government Gazette, may declare a public statutory authority constituted under a law of Victoria to be a declared public statutory authority for the purposes of this Division.

Subdivision 2—Determination of rates

30D Power to determine rates

(1) Subject to this Division and the regulations, the Governor in Council, on the recommendation of the rating authority and the Treasurer, by Order published in the Government Gazette, may determine a rate


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in relation to land (other than land described in Schedule 3A) within any area or areas specified in the Order.

(2) A rate may be determined in respect of—

(a) a financial year specified in the Order; or

(b) half a financial year specified in the Order; or

(c) a quarter of a financial year specified in the Order.

(3) In making a recommendation for the purposes of subsection (1), the rating authority and the Treasurer must have regard to the estimated disbursements from the Parks and Reserves Trust Account for the financial year in respect of which the rate is to be determined.

30E Net annual values

(1) A rate determined under section 30D must be fixed by reference to the net annual value of the particular land as at 30 June 1990 levels of value as determined for the purposes of the Local Government Act 1989.

(2) Subject to subsection (3), the net annual value of particular land as at the levels of value referred to in subsection (1) is, if a circumstance specified in column 2 of the Table applies to the particular land, the net annual value specified in column 3 opposite that circumstance for that land.

Table

Column 1 Column 2 Column 3


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Item Circumstance Net annual value

1. If the valuation of the land in effect for the purposes of the Local Government Act 1989 immediately before the commencement of section 10 of the Water Industry (Amendment) Act 1995 is at 30 June 1990 levels of value

The net annual value as shown in that valuation

Column 1

Item

Column 2

Circumstance

Column 3Net annual value

2. If the valuation of the land in effect for the purposes of the Local Government Act 1989 immediately before the commencement of section 10 of the Water Industry (Amendment) Act 1995 is at levels of value as at a date before 30 June 1990 or at levels of value as at a date after 30 June 1990 but at no time before that later date was there in effect for the purposes of that Act a valuation of that land at 30 June 1990 levels of value

The net annual value as shown in the valuation then in effect multiplied by the valuation equalisation factor applying to the area in which the land is situated

3. If the valuation of the land in effect for the purposes of the Local Government Act 1989 immediately before the commencement of section 10 of the Water

The net annual value as shown in the valuation at


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Industry (Amendment) Act 1995 is at levels of value as at a date after 30 June 1990 but at any time before then the valuation of that land in effect for the purposes of that Act was at 30 June 1990 levels of value

30 June 1990 levels of value

(3) If, after the commencement of section 10 of the Water Industry (Amendment) Act 1995, the particular land is valued for the purposes of a supplementary valuation made for the purposes of the Local Government Act 1989, the net annual value is—

(a) the net annual value as shown in the most recent such supplementary valuation; or

(b) if that supplementary valuation is not at 30 June 1990 levels of value—that net annual value multiplied by the valuation equalisation factor applying to the area in which the land is situated.

(4) Section 834 of the Water Act 2014 does not apply to the determination or application of a valuation equalisation factor under this Division.

30F Applicable rate if rate not determined by Governor in Council

(1) This section applies if on or before 30 June in any year a rate in relation to land has not been determined under section 30D.

(2) Despite anything to the contrary in this Division but subject to subsection (7), the


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rate for the purposes of this Division for the next full financial year is—

(a) the rate determined under section 30D for the previous full financial year increased by the applicable annual rate specified in subsection (3); or

(b) if the rate for the previous full financial year was calculated in accordance with this subsection, the rate so calculated increased by the applicable annual rate specified in subsection (3).

(3) For the purposes of subsection (2), the applicable annual rate is whichever of the following applies for the full financial year for which the rate under that subsection is calculated—

(a) the annual rate fixed under section 5(4) of the Monetary Units Act 2004;

(b) the annual rate applying because of section 5(5) of the Monetary Units Act 2004.

(4) The area or areas to which the rate calculated under subsection (2) applies is the area, or are the areas, to which the rate for the previous financial year applied.

(5) For the purposes of a rate calculated under subsection (2), the rating authority may round down to the nearest third decimal place the rate calculated under that subsection.


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(6) In respect of each financial year to which subsection (2) applies, the rating authority must publish in the Government Gazette—

(a) the rate applying for that financial year; and

(b) the area or areas to which that rate applies.

(7) On or before 30 June in any year, the rating authority and the Treasurer jointly, by notice published in the Government Gazette, may determine that—

(a) this section does not apply for a particular specified financial year; and

(b) no rate is to be calculated in accordance with this section for that financial year.

30G Rating authority may determine value in respect of land for purposes of rate to be levied

(1) Despite section 30E, a rate levied by the rating authority under this Division on any land may be levied on the basis of a value determined by the rating authority in respect of that land.

(2) The value determined by the rating authority under subsection (1) in respect of any land must not be greater than the value on which rates would have been levied on that land under this Division if the rating authority had not made a


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determination under subsection (1) in respect of that land.

(3) The rating authority, by notice published in the Government Gazette, may fix a minimum amount of rate that it may levy in respect of any land and may fix different minimum amounts in respect of different classes of land.

30H Minimum amount of rate if rate not determined by rating authority

(1) This section applies if on or before 30 June in any year a minimum amount of rate has not been determined under section 30G(3).

(2) Despite anything to the contrary in this Division but subject to subsection (7), the minimum amount of rate for the purposes of this Division for the next full financial year is—

(a) the minimum amount of rate fixed under section 30G(3) for the previous full financial year increased by the applicable annual rate specified in subsection (3); or

(b) if the minimum amount of rate for the previous full financial year was calculated in accordance with this subsection, the rate so calculated increased by the applicable annual rate specified in subsection (3).

(3) For the purposes of subsection (2), the applicable annual rate is whichever


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of the following applies for the full financial year for which the minimum amount of rate under that subsection is calculated—

(a) the annual rate fixed under section 5(4) of the Monetary Units Act 2004;

(b) the annual rate applying because of section 5(5) of the Monetary Units Act 2004.

(4) For the purposes of subsection (2), a minimum amount of rate includes any different minimum amounts of rate calculated in respect of different classes of land.

(5) For the purposes of a minimum amount of rate fixed under subsection (2), the rating authority may round down to the nearest cent the minimum amount of rate calculated under that subsection.

(6) The rating authority must publish in the Government Gazette the minimum amount of rate applying for each financial year to which this section applies.

(7) On or before 30 June in any year, the rating authority, by notice published in the Government Gazette, may determine that—

(a) this section does not apply for a particular specified financial year; and

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this section for that financial year.

30I Amount instead of a rate determined under section 30D or that applies under section 30F

(1) This section applies despite anything to the contrary in this Division.

(2) The Treasurer, after consultation with the Minister responsible for a declared public statutory authority, may give approval to the rating authority levying an amount instead of a rate determined or that applies under this Subdivision in respect of a financial year, or any quarter or half of a financial year, in relation to land vested in or owned by the declared public statutory authority.

(3) The amount to be levied instead of a rate in accordance with subsection (2) is the amount—

(a) agreed between the authority and the rating authority; or

(b) in the absence of agreement, determined by the Treasurer.

(4) An approval may only be given by the Treasurer under subsection (2) on the application of the rating authority.

30J Applicable rate must not exceed amount specified by the Governor in Council

An applicable rate must not exceed the amount specified by the Governor in Council by Order published in the Government Gazette for the purposes of this section.


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Subdivision 3—Levying and recovery of rates

30K Rating authority may levy rates

(1) Subject to this section, the rating authority may levy an applicable rate.

(2) The rating authority must not levy a rate on land described in Schedule 3A.

(3) Despite subsection (2), the rating authority may levy a rate under subsection (1) on land described in item 1, 2 or 3 of Schedule 3A if—

(a) that land is vested in or owned by a declared public statutory authority; and

(b) the land is not used exclusively as public open space or as a park.

30L Rating authority may exempt from liability to pay rate

(1) This section applies if the rating authority is of the opinion that relief should be given under this Division in respect of any land or class of land on which an applicable rate determined or that applies would otherwise be levied.

(2) The rating authority may exempt a person or class of person from liability to pay the applicable rate either wholly or to the extent specified by the rating authority.

(3) An exemption must not be given in the case of land used primarily for residential, commercial or industrial purposes.


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(4) An exemption may be revoked by a subsequent decision of the rating authority and has effect in each year until so revoked.

30M Rates to be recovered from owner

(1) An applicable rate levied under this Division in respect of any land is payable by and recoverable from the owner of the land for the time being.

(2) An applicable rate levied under this Division in respect of any land, and any interest payable in respect of that rate, is a charge on the land and remains as a charge until paid.

(3) An applicable rate levied under this Division in respect of any land is due and must be paid by the date specified in the notice requiring payment.

(4) A notice requiring payment of an applicable rate must not specify a payment date that is not at least 14 days after the date of issue of the notice.

(5) The rating authority may require a person to pay interest on any amount of an applicable rate—

(a) which that person is liable to pay; and

(b) which has not been paid by the due date.

(6) The interest—

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(b) becomes payable on and after the date on which the rate was levied; and

(c) continues to be payable until the payment or recovery of all applicable rates and interest due.

(7) If an applicable rate in respect of any land or interest on the rate remains unpaid after it is due and payable, it may be recovered, in a court of competent jurisdiction, from the owner of the land for the time being as a debt due to the State by that owner.

30N Remission etc. of payment of rates

(1) The rating authority, on the application of a person liable to pay an applicable rate in respect of any land—

(a) may remit or excuse the payment of the rate or any part of it or any interest payable in respect of the rate or any part of that interest; or

(b) may defer payment of the rate or any part of it or any interest payable in respect of the rate or any part of that interest.

(2) The rating authority may only act under subsection (1) if the rating authority is satisfied that the applicant—

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(b) a member of a class of person prescribed for the purposes of this section.

Subdivision 4—Miscellaneous matters

30O Agreement with metropolitan water corporation with respect to rate collectionThe rating authority may enter into an agreement with a metropolitan water corporation with respect to the collection by that corporation, on behalf of the rating authority, of any applicable rate in respect of any land and any interest payable in respect of that rate.

30P Rate collection by metropolitan water corporation

A metropolitan water corporation must collect, on behalf of the rating authority, applicable rates and interest referred to in section 30O that relate to the water districts or sewerage districts of the metropolitan water corporation on the terms and conditions—

(a) agreed with the rating authority; or

(b) in the absence of agreement, determined by the Commission.

30Q Proceedings to levy or recover rates

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Subdivision 5—Parks and Reserves Trust Account

30R Parks and Reserves Trust Account

(1) The Parks and Reserves Trust Account established by section 153A of the Water Industry Act 1994 is continued.

(2) The following is to be paid into the Parks and Reserves Trust Account—

(a) all amounts in payment of applicable rates and interest received by, or collected on behalf of, the rating authority under this Division;

(b) any income from the investment of money standing to the credit of the Trust Account and the proceeds of sale of any investment;

(c) any other money approved by the Treasurer.

(3) The following is to be paid out of the Parks and Reserves Trust Account—

(a) amounts as the Secretary, with the approval of the Minister, determines for the purposes of the management and control, within the metropolitan area, of open space, parks and waterways for the purposes of conservation, recreation, leisure, tourism and navigation;

(b) amounts as the Secretary, with the approval of the Minister, determines as financial assistance by way of grants,


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loans or otherwise to persons or bodies engaged in activities within the metropolitan area of the kind referred to in paragraph (a);

(c) amounts as the Secretary, with the approval of the Minister, determines are necessary for the purpose of the acquisition of land by the Crown in the metropolitan area, for the purposes of conservation, recreation, leisure or tourism or for any of the purposes specified in section 4(1)(l), (m), (n), (o) and (w) of the Crown Land (Reserves) Act 1978;

(d) costs and expenses incurred by the rating authority in connection with the making, levying, collection and recovery of applicable rates under this Division;

(e) any other amounts authorised under this or any other Act to be paid out of the Trust Account.

(4) Money standing to the credit of the Parks and Reserves Trust Account may be invested in any manner in which trust funds may be invested under the Trustee Act 1958.

(5) The Governor in Council, by Order published in the Government Gazette, may declare an area or areas to be the


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metropolitan area for the purposes of this section.


metropolitan area means the area or areas in respect of which a declaration under subsection (5) has been made.".

883 New Part 11 inserted

After Part 10 of the Conservation, Forests and Lands Act 1987 insert—

"PART 11—TRANSITIONAL PROVISIONS—REPEAL OF WATER INDUSTRY ACT 1994

124 Definitions

In this Part—

old Act means the Water Industry Act 1994;

repeal day means the day on which section 880 of the Water Act 2014 comes into operation.

125 Power to make and levy rates

(1) On the repeal day—

(a) a declaration made under section 139(2A) of the old Act that was in effect immediately before that day is taken to be a declaration made under section 30C; and

(b) an Order under section 139(5) of the old Act that was in effect immediately before that day is taken to be an Order under section 30J; and

(c) an exemption under section 139(6) of the old Act that was in effect immediately before that day is taken to be an exemption under section 30L.


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(2) On and after the repeal day, a rate in relation to land that was made under section 139(1A) of the old Act but not levied, may be levied under and in accordance with that section as if that section had not been repealed.

(3) On and after the repeal day, an amount in lieu of a rate that was approved under section 139(4A) of the old Act but not levied, may be levied under and in accordance with that section as if that section had not been repealed.

(4) Despite the repeal of the old Act, section 140 of that Act continues to apply to the recovery of a rate made and levied under section 139 of that Act and to any interest payable in respect of that rate, as if it had not been repealed.

126 Applications under section 141 of the old Act

(1) An application made under section 141 of the old Act that had not been determined before the repeal day is to continue to be determined on and after that day under that section as if that section had not been repealed.

(2) A decision of the rating authority made as a result of the application of subsection (1) is taken to be a decision of the rating authority under section 30N.

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purposes of paragraph (b) of the definition of applicable rate in section 30A for the full financial year commencing on 1 July 2016.

(2) A reference in section 30F(2)(a) to the rate determined under section 30D for the previous full financial year is taken to be a reference to the rate made under section 139(1A) of the old Act for the full financial year ending on 30 June 2016.

(3) A reference in section 30F(2)(b) to the rate for the previous full financial year is taken to be a reference to the rate calculated in accordance with section 139(1B)(b) of the old Act for the full financial year ending on 30 June 2016.

(4) The area or areas to which the rate calculated in accordance with subsection (2) or (3) applies is the area, or are the areas, to which the rate for the full financial year ending on 30 June 2016 applied.

128 Minimum amount of rate for the financial year commencing 1 July 2016

(1) This section applies to the calculation of the minimum amount of rate under section 30H for the financial year commencing on 1 July 2016.

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the old Act for the financial year ending on 30 June 2016.

(3) A reference in section 30H(2)(b) to the minimum amount of rate for the previous full financial year is taken to be a reference to the rate fixed under section 139(4AA)(b) of the old Act for the financial year ending on 30 June 2016.

129 Agreement with metropolitan water corporation with respect to rate collection

On the repeal day, an agreement under section 142 of the old Act that was in effect immediately before that day is taken to be an agreement under section 30O.

130 Rate collection by metropolitan water corporation

On the repeal day, terms and conditions agreed or determined under section 143 of the old Act that were in effect immediately before that day are taken to be terms and conditions agreed or determined (as the case may be) under section 30P.

131 Parks and Reserves Trust Account

On the repeal day—

(a) an approval of the Minister under section 153A(3)(a) of the old Act that was in effect immediately before that day is taken to be an approval of the Minister under section 30R(3)(a); and


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(b) an approval of the Minister under section 153A(3)(b) of the old Act that was in effect immediately before that day is taken to be an approval of the Minister under section 30R(3)(b); and

(c) an approval of the Minister under section 153A(3)(ba) of the old Act that was in effect immediately before that day is taken to be an approval of the Minister under section 30R(3)(c); and

(d) costs and expenses incurred by the Minister in connection with the making, levying, collection and recovery of rates under Division 5 of Part 4 of the old Act are taken to be costs and expenses incurred by the rating authority in connection with the making, levying, collection and recovery of rates under Division 3 of Part 4; and

(e) an authorisation under section 153A(3)(e) of the old Act that was in effect immediately before that day is taken to be an authorisation under section 30R(3)(e); and

(f) an Order of the Governor in Council for the purposes of the definition of metropolitan area in section 153A(5) of the old Act that was in effect immediately before that day is taken to be an Order under section 30R(5).".

884 Schedule 1

In Schedule 1 to the Conservation, Forests and Lands Act 1987 omit "Part 4 and section 184(2) and (3) of the Water Industry Act 1994".

885 Schedule 3, item 2 repealed


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Item 2 of Schedule 3 to the Conservation, Forests and Lands Act 1987 is repealed.

886 New Schedule 3A inserted

After Schedule 3 to the Conservation, Forests and Lands Act 1987 insert—

SCHEDULE 3A

LAND EXEMPT FROM CHARGES AND RATES

1 Land vested in, and occupied by, the Crown, Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010 or the Minister administering the Education and Training Reform Act 2006.

2 Land vested in the Crown, Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010 or the Minister administering the Education and Training Reform Act 2006 and used for public purposes.

3 Land that is not rateable under section 154 of the Local Government Act 1989.

4 Recreational lands within the meaning of the Cultural and Recreational Lands Act 1963.

__________________".


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Division 2—Amendment of Crown Land (Reserves) Act 1978

887 Definitionss. 887

See:Act No.9212.Reprint No. 10as at1 July 2011and amendingAct Nos64/2004, 65/2010, 7/2012, 17/2012, 46/2012, 31/2013, 79/2013 and 30/2014.LawToday:www.legislation.vic.gov.au

(1) In section 3 of the Crown Land (Reserves) Act 1978, for the definition of Goulburn-Murray Water substitute—

"Goulburn-Murray Water means the water corporation (within the meaning of the Water Act 2014) known as Goulburn-Murray Rural Water Corporation;".

(2) In section 3 of the Crown Land (Reserves) Act 1978, in the definition of Melbourne Water Corporation, for "Water Act 1989" substitute "Water Act 2014".

888 Minister may purchase and acquire land

(1) In section 5(4)(c) of the Crown Land (Reserves) Act 1978 omit "(within the meaning of section 153A of the Water Industry Act 1994)".

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"(9) In this section, metropolitan area has the same meaning as in section 30R(6) of the Conservation, Forests and Lands Act 1987.".

889 Appointment of committees of management

In section 14(4)(c) of the Crown Land (Reserves) Act 1978, for "Water Act 1989" substitute "Water Act 2014".

890 Powers of committees of management

In section 15(8A)(b) of the Crown Land (Reserves) Act 1978, for "Water Act 1989" substitute "Water Act 2014".

891 Management and control of reserved land

(1) For section 18(1) of the Crown Land (Reserves) Act 1978 substitute—

"(1) The Governor in Council, on the recommendation of the Minister given with the concurrence of the responsible Minister, by Order published in the Government Gazette, may place any land temporarily or permanently reserved under section 4 under the control and management of—

(a) the Secretary; or

(b) a metropolitan water corporation within the meaning of the Water Act 2014; or

(c) Melbourne Water Corporation.".

(2) Section 18(3)(b) of the Crown Land (Reserves) Act 1978 is repealed.

(3) In section 18(3)(c) of the Crown Land (Reserves) Act 1978, for "Water Act 1989"


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(wherever occurring) substitute "Water Act 2014".

892 Offence to construct, remove, alter, or carry out maintenance on, a levee on reserved land

In section 21AA(4) of the Crown Land (Reserves) Act 1978, in the definition of—

(a) levee, for "Part 5AA of the Water Act 1989" substitute "Part 8.4 of the Water Act 2014";

(b) levee maintenance permit, for "Water Act 1989" substitute "Water Act 2014";

(c) maintenance, for "Part 5AA of the Water Act 1989" substitute "Part 8.4 of the Water Act 2014".

893 Agreements as to the taking and removal of mineral waters

(1) In section 29B(1) of the Crown Land (Reserves) Act 1978, for "a licence under the Water Act 1989" substitute "a licence under Division 4 of Part 4.5 of the Water Act 2014".

(2) Section 29B(2) of the Crown Land (Reserves) Act 1978 is repealed.

894 Section 29E substituted

For section 29E of the Crown Land (Reserves) Act 1978 substitute—

"29E Operation of Water Act 2014

Nothing in this Act affects the operation of the Water Act 2014.".

895 Control and management of structures and installations


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In section 29F(1) of the Crown Land (Reserves) Act 1978, for "Water Act 1989" substitute "Water Act 2014".

896 Control and management of water authority structures etc. in specified regional parks

(1) In section 29G(1) of the Crown Land (Reserves) Act 1978, for "Water Act 1989" substitute "Water Act 2014".

(2) In section 29G(1) and (2) of the Crown Land (Reserves) Act 1978, for "authority" substitute "Authority".

897 Works under water licences—Murray River Park

In section 29HA(1) of the Crown Land (Reserves) Act 1978, for "A licence under section 51 or 67 of the Water Act 1989" substitute "A take and use licence, or a works licence, within the meaning of the Water Act 2014".

898 Works under water licences—Kerang and Shepparton Regional Parks

In section 29IA of the Crown Land (Reserves) Act 1978, for "A licence under section 51 or 67 of the Water Act 1989" substitute "A take and use licence, or a works licence, within the meaning of the Water Act 2014".

899 New section 35A inserted


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After section 35 of the Crown Land (Reserves) Act 1978 insert—

"35A Reservation of Wattle Park Land and saving of rights

(1) Despite the repeal of section 189 of the Water Industry Act 1994, Wattle Park Land is taken to be permanently reserved under section 4(1) of this Act for public purposes, being in particular the purposes of conservation, recreation, leisure and tourism and the reservation may be dealt with in accordance with this Act.

(2) Subsection (1) does not affect the status or continuity of any interest in, licence or right affecting, or arrangement or agreement relating to the Wattle Park Chalet or any golf course or tennis court on the land.

(3) Despite the repeal of section 190(2) of the Water Industry Act 1994, that section continues to apply to any lease, licence, agreement or arrangement to which subsection (2) applies.

(4) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of a lease.


Wattle Park Land means Crown allotment 41C Parish of Nunawading.".


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Division 3—Amendment of Land Act 1958

900 Definitions

(1) In section 2A of the Land Act 1958 insert the following definitions—

"metropolitan area has the same meaning as in section 30R(6) of the Conservation, Forests and Lands Act 1987;

reservoir parks land—see section 229D(4);

waterways land means land of the Crown which is comprised of—

(a) the bed, soil and banks of any waterway within the metropolitan area; and

(b) any land which is within 20 metres of land described in paragraph (a).".

(2) In section 2A of the Land Act 1958, in the definition of Traditional Owner Land Management Board, for "1987." substitute "1987;".

(3) In section 3(1) of the Land Act 1958, in the definition of metropolis, for "Water Act 1989" substitute "Water Act 2014".

901 Swamp or reclaimed lands

(1) Division 7 of Part I of the Land Act 1958 is repealed.

(2) The Fourth Schedule to the Land Act 1958 is repealed.

s. 900

See:Act No.6284.Reprint No. 12as at27 April 2012and amendingAct Nos43/2012, 48/2012, 26/2014 and 30/2014.LawToday:www.legislation.vic.gov.au


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902 Offence to construct, remove, alter, or carry out maintenance on, a levee on certain Crown land

In section 190A(4) of the Land Act 1958—

(a) in the definition of levee, for "Part 5AA of the Water Act 1989" substitute "Part 8.4 of the Water Act 2014";

(b) in the definition of levee maintenance permit, for "Water Act 1989" substitute "Water Act 2014";

(c) in the definition of maintenance, for "Part 5AA of the Water Act 1989" substitute "Part 8.4 of the Water Act 2014".

903 Penalty for depositing rubbish on Crown lands

In section 191(2) of the Land Act 1958, for "Water Act 1989" substitute "Water Act 2014".

904 New Division 15 of Part I inserted

After Division 14 of Part I of the Land Act 1958 insert—

"Division 15—Powers with respect to certain land

229A Power of Secretary to enter into management agreementsThe Secretary, with the approval of the Minister, may enter into a management agreement with any person with respect to the whole or any part of any waterways land (which is not land under the National Parks Act 1975 or Crown land permanently or temporarily reserved under the Crown Land (Reserves) Act 1978) to manage the land for the


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purposes of recreation, leisure, tourism or water transport.

229B Licences for jetties and mooring

(1) The Minister may issue a licence authorising the holder to construct, use or operate a jetty or mooring on any waterways land.

(2) The licence must be for a term not exceeding 10 years but may be renewed by the Minister.

(3) An application for a licence must—

(a) be made in writing; and(b) contain any information required by the

Minister; and

(c) be accompanied by the fee determined by the Minister.

(4) A licence must set out—

(a) the purpose for which it is granted; and

(b) the term of the licence; and

(c) the conditions to which the licence is subject.

(5) A licence is subject to the payment of a licence fee determined by the Minister.

(6) The holder of a licence must not transfer or assign their interest in the licence without the written consent of the Minister.

(7) The Minister, by notice published in the Government Gazette, may declare that a licence is cancelled if the Minister is


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satisfied that the holder of the licence has—

(a) failed, during the term of the licence, to use the land for the purpose for which the licence was issued; or

(b) used the land for any purpose other than the purpose for which the licence was issued; or

(c) failed to comply with any condition to which the licence is subject.

(8) The Minister must give the holder of a licence a reasonable opportunity to be heard before acting under subsection (7).

(9) On a declaration under subsection (7) that a licence is cancelled—

(a) any interest, right or privilege created by the licence ceases to exist; and

(b) all money paid under the licence is forfeited.

229C Removal of structures or improvements on expiry or cancellation of licence

(1) On or before the expiry or cancellation of a licence issued under section 229B, the holder of the licence—

(a) may remove any structure or improvement erected by the holder of the licence on the land; and

(b) must make good to the satisfaction of the Minister any injury which may have been done to the land.

(2) Any structure or improvement not removed from land before the expiry or


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cancellation of a licence or within any further period allowed by the Minister is the property of the Minister and may be sold, removed or demolished as the Minister may direct.

(3) The costs and expenses incidental to the removal or demolition of any structure or improvement in accordance with subsection (2) and of making good any injury to land is a debt due to the Minister by the former holder of the licence.

229D Regulations for reservoir parks land

(1) The Governor in Council may make regulations for or with respect to any of the matters referred to in section 13(1)(b)(ii) to (xi) of the Crown Land (Reserves) Act 1978 in relation to any reservoir parks land as if—

(a) any reference in that section to a committee of management were a reference to the Minister; and

(b) any reference in that section to the land were a reference to reservoir parks land.

(2) Section 13(7) and (8) of the Crown Land (Reserves) Act 1978 applies to regulations made under subsection (1) as if—

(a) the regulations had been made under section 13(1) of that Act; and


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(b) any reference to—

(i) an authorised officer in that section; or

(ii) an officer or servant employed by the committee of management or the trustees of any land—

were a reference to an authorised officer.

(3) Regulations under subsection (1) do not have effect in relation to any reservoir parks land unless there is in effect in respect of that land—

(a) the lease between Melbourne Water Corporation and Parks Victoria with a commencement date of 1 January 2009; or

(b) a lease between Melbourne Water Corporation and a public authority, where the Minister has approved the entry into that lease by the public authority for the purposes of this section.


reservoir parks land means the land delineated by heavy black lines on the plans lodged in the Central Plan Office and numbered LEGL./11−088 to LEGL./11-100 inclusive, excluding the areas shown as excluded on those plans.


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229E Regulations for waterways land

The Governor in Council may make regulations for or with respect to—

(a) the care, preservation, protection, management and use of, and the preservation of good order on, any waterways land; and

(b) the removal from any waterways land of any structure, abandoned or derelict vessel or vehicle, or other thing, and the manner in which the thing removed may be dealt with or disposed of; and

(c) prohibiting or regulating activities relating to recreation, leisure, tourism or water transport on waterways land; and

(d) fees or charges in relation to the use of waterways land for the purposes of recreation, leisure, tourism or water transport for—

(i) entry on the whole or any part of waterways land by any person or animal; or

(ii) the provision or use of any improvements, services or facilities on any waterways land; and

(e) closing any part of waterways land—

(i) for the purposes of an organised activity; or

(ii) in an emergency.

229F Regulations


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Regulations made under section 229D or 229E—

(a) may be of general or of limited application; and

(b) may differ according to differences in time, place or circumstance; and

(c) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

(d) may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and

(e) may require a matter affected by the regulations to be—

(i) in accordance with a specified standard or specified requirement; or

(ii) approved by or to the satisfaction of a specified person or a specified class of person; or

(iii) as specified in both subparagraphs (i) and (ii); and

(f) may apply, adopt or incorporate any matter contained in any document, whether—

(i) wholly or partially or as amended by the regulations; or

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(iii) as existing from time to time; and

(g) may impose a penalty for a contravention of the regulations not exceeding 20 penalty units.".

905 Lands of the Crown to be alienated only down to such depths as Governor in Council directs

In section 339(2) of the Land Act 1958, for "Water Act 1989" substitute "Water Act 2014".

906 Application of purchase money

In section 365(b) of the Land Act 1958, for "Water Act 1989" substitute "Water Act 2014".

907 Definitions

In section 384(1) of the Land Act 1958, in the definitions of Authority and metropolis, for "Water Act 1989" substitute "Water Act 2014".

908 Access etc. to bed and banks of certain watercourses

In section 386(3)(c) of the Land Act 1958, for "Water Act 1989" substitute "Water Act 2014".

909 New section 386A inserted

After section 386 of the Land Act 1958 insert—

"386A Vesting in Crown of bed, banks and soil of certain watercourses

(1) Despite the repeal of section 175A of the Water Industry Act 1994, there continues to be vested in the Crown, all the bed, soil and banks of the Yarra River and of all other public rivers, creeks, watercourses and waterways vested in the Crown under that section.

(2) Any land referred to subsection (1)—


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(a) is taken to be unalienated land of the Crown; and

(b) is vested subject to any trust, encumbrance, limitation or restriction, and to any other estate or interest in the land, existing immediately before that vesting.

(3) Despite anything to the contrary in the Water Act 2014 or any other Act, all the bed, soil and banks to which subsection (1) applies is under the management and control of Melbourne Water Corporation to the extent necessary to enable that body to exercise its functions under the Water Act 2014.

Note

See also section 229A as to management and control of waterways land for the purposes of recreation, leisure, tourism or water sport.".

910 New Part XVI inserted

After Part XV of the Land Act 1958 insert—

"PART XVI—TRANSITIONAL PROVISIONS—REPEAL OF WATER INDUSTRY ACT 1994

417 Definitions

In this Part—

old Act means the Water Industry Act 1994;

repeal day means the day on which section 880 of the Water Act 2014 comes into operation.

418 Powers of Secretary to enter into management agreements


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On the repeal day, an agreement entered into under section 132 of the old Act that was in effect immediately before that day is taken to be an agreement entered into under section 229A.

419 Grant of licences for jetties etc.

(1) On the repeal day, a licence granted under section 135A of the old Act that was in effect immediately before that day is taken to be a licence issued under section 229B.

(2) Despite the repeal of the old Act, that Act continues to apply to the recovery of any debt due to the Minister under section 135A(11) of that Act as if it had not been repealed.

420 Regulations

Despite the repeal of the old Act, any regulations made under—

(a) sections 136(1) and 184 of that Act that were in force immediately before that repeal are taken to continue in force as if the regulations were made under section 229D of this Act; and

(b) sections 149 and 184 of that Act that were in force immediately before that repeal are taken to continue in force as if the regulations were made under section 229E of this Act.".

Division 4—Amendment of Murray-Darling Basin Act 1993

911 Part 3 heading substituteds. 911

See:Act No.39/1993.


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Reprint No. 1as at1 July 2003and amendingAct Nos108/2004 and 75/2008.LawToday:www.legislation.vic.gov.au

For the heading to Part 3 of the Murray-Darling Basin Act 1993 substitute—

"PART 3—RELEVANT WATER AUTHORITY OPERATIONS".

912 Acquisition of land

In section 17(3) of the Murray-Darling Basin Act 1993, for "Section 157 of the Water Act 1989" substitute "Section 722 of the Water Act 2014".

913 Powers, liabilities and immunities

(1) Insert the following heading to section 20 of the Murray-Darling Basin Act 1993—

"Powers, liabilities and immunities under the Water Act 2014".

(2) In section 20 of the Murray-Darling Basin Act 1993, for "Water Act 1989" substitute "Water Act 2014".

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After Part 3 of the Murray-Darling Basin Act 1993 insert—

"PART 3A—APPROVAL OR DETERMINATION OF BASIN WATER CHARGES

23A Interpretation

(1) In this Part—

accredited arrangements has the same meaning as in the Commonwealth Water Charge Rules;

applied Victorian provisions means the Commonwealth provisions as applied under section 23C;

Basin water charge means a regulated charge for a service in relation to Basin water resources provided by a Part 6 operator or Part 7 operator;

Basin water resources has the same meaning as State water resources has in the Commonwealth Water Charge Rules in relation to Victoria;

Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;

Commonwealth provisions has the same meaning as applied provisions has in rule 59(2) of the Commonwealth Water Charge Rules;

Commonwealth Water Charge Rules means the Water Charge


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(Infrastructure) Rules 2010 of the Commonwealth;

Part 6 operator has the same meaning as in the Commonwealth Water Charge Rules;

Part 7 operator has the same meaning as in the Commonwealth Water Charge Rules;

regulated charge has the same meaning as in the Commonwealth Water Charge Rules;

State Agency has the same meaning as in the Commonwealth Water Charge Rules.

(2) The Interpretation of Legislation Act 1984 does not apply to the applied Victorian provisions.

(3) The Acts Interpretation Act 1901 of the Commonwealth applies to the applied Victorian provisions to the same extent that that Act applies to the Commonwealth Water Charge Rules, and as if—

(a) that Act, as so applied, were enacted as a law of Victoria; and

(b) the applied Victorian provisions were an Act and each rule of the applied Victorian provisions were a section of an Act.

Note

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Interpretation Act 1901 of the Commonwealth.

(4) The following provisions apply to the applied Victorian provisions—

(a) any expressions used in the applied Victorian provisions have the same meaning as in the Water Act 2007 of the Commonwealth and the Water Regulations 2008 of the Commonwealth; and

(b) the applied Victorian provisions must be read consistently with the Water Act 2007 of the Commonwealth and must be read so as not to exceed the rule making power in section 92 of that Act and any other ancillary rule making powers in that Act.

(5) If a provision of the applied Victorian provisions would, but for subsection (3) or (4), be construed as exceeding the rule making powers referred to in subsection (4)(b), the provision is taken to have effect to the extent that it does not exceed that rule making power.

23B This Part to prevail

If there is an inconsistency between a provision of this Part and a provision of the Essential Services Commission Act 2001 or the Water Act 2014, the provision of this Part prevails to the extent of the inconsistency.


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23C Application of Commonwealth provisions

In respect of Basin water charges, the Commonwealth provisions apply as a law of the State.

23D Commission is State Agency

For the purposes of rule 59(1)(b) of the Commonwealth Water Charge Rules and the applied Victorian provisions, the Commission is specified as the State Agency.

23E Powers of Commission

The Commission has all the powers that are necessary to perform its functions as a State Agency under the applied Victorian provisions.

23F Cessation of effect of provisions

Sections 23C, 23D and 23E do not have effect if this Part is not accredited arrangements.

23G Power of Commission to apply for accreditation

(1) The Commission may apply to the Australian Competition and Consumer Commission for this Part to be accredited as accredited arrangements.

(2) In addition to subsection (1), the Commission has the power to do anything necessary for this Part to be accredited as accredited arrangements.

23H Notification of accreditation etc.


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(1) If the Australian Competition and Consumer Commission approves this Part as accredited arrangements, within 7 days after that approval, the Commission must publish notice of that approval in the Government Gazette.

(2) A notice under subsection (1) must include—

(a) publication of the Australian Competition and Consumer Commission's decision to approve the arrangements; and

(b) the date on which the decision of the Australian Competition and Consumer Commission came into effect.

(3) If the Australian Competition and Consumer Commission revokes accreditation of this Part as accredited arrangements, within 7 days after that revocation, the Commission must publish notice of that revocation in the Government Gazette.

(4) A notice under subsection (3) must include—

(a) publication of the Australian Competition and Consumer Commission's decision to revoke accreditation of this Part as accredited arrangements; and

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Consumer Commission came into effect.

(5) If accreditation of this Part as accredited arrangements ceases to have effect under the Commonwealth Water Charge Rules, within 7 days after that ceasing to have effect, the Commission must publish notice of that ceasing to have effect in the Government Gazette.

(6) A notice under subsection (5) must include the date on which the accredited arrangements cease to have effect.

23I Recovery of Commission's costs

(1) The Minister administering the Essential Services Commission Act 2001 must determine the amount to be contributed by each Part 6 operator or Part 7 operator towards the costs that are incurred or are likely to be incurred by the Commission in the exercise of its powers and the performance of its functions and duties under the applied Victorian provisions.

(2) The amount that a Part 6 operator or Part 7 operator is to contribute under subsection (1) is payable at the intervals and in the amounts determined by the Minister administering the Essential Services Commission Act 2001.

(3) The Minister administering the Essential Services Commission Act 2001 must give notice in writing of any determination made by the Minister


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under subsection (1) or (2) to a Part 6 operator or Part 7 operator to whom the determination applies.

(4) The Minister administering the Essential Services Commission Act 2001 must not make a determination under subsection (1) or (2) unless the Minister has first consulted with the Minister administering this section.

__________________".

Division 5—Amendment of Road Management Act 2004

915 DefinitionsSee:Act No.12/2004.Reprint No. 4as at25 September 2013 and amendingAct Nos22/2013, 70/2013 and 73/2013.LawToday:www.legislation.vic.gov.aus. 915

In section 3(1) of the Road Management Act 2004, in the definition of road infrastructure—

(a) in paragraph (c)—

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(ii) for "Water Act 1989" substitute "Water Act 2014";

(b) paragraph (d) is repealed.

916 Infrastructure Reference Panel

In section 31(2)(l) of the Road Management Act 2004, for "Water Industry Act 1994" substitute "Water Act 2014".

917 Schedule 5A

(1) For clause 28(8) of Schedule 5A to the Road Management Act 2004 substitute—

"(8) This clause has effect despite anything to the contrary in—

(a) section 386A of the Land Act 1958; or

(b) section 10; or

(c) clause 1 of Schedule 5; or

(d) any other Act.".

(2) For clause 33(10) of Schedule 5A to the Road Management Act 2004 substitute—

"(10) This clause has effect despite anything to contrary in—

(a) section 386A of the Land Act 1958; or

(b) section 10; or

(c) any other Act.".

Division 6—Amendment of Wrongs Act 1958

918 New section 23AAB insertedSee:Act No.6420.Reprint No. 11as at


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7 November 2012and amendingAct Nos20/2012, 58/2013 and 67/2013.LawToday:www.legislation.vic.gov.aus. 918

After section 23A of the Wrongs Act 1958 insert—

"23AAB Application of Part

(1) This Part applies to an action in relation to which jurisdiction is conferred on VCAT by section 726(1) of the Water Act 2014.

(2) For the purposes of subsection (1), references in this Part—

(a) to an action include a proceeding in VCAT commenced by application; and

(b) to a court include VCAT; and

(c) to a judgment include an order made by VCAT; and

(d) to a plaintiff include an applicant; and

(e) to a trial include the hearing of an application; and

(f) to a writ include an application.".

919 Application of Part IVAA

After section 24AF(1)(a) of the Wrongs Act 1958 insert—

"(ab) a claim in relation to which jurisdiction is conferred on VCAT by section 726(1) of the Water Act 2014; and".


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Division 7—Consequential amendments

920 Schedule 8

An Act specified in the heading to an item in Schedule 8 is amended as set out in that item.

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PART 16.3—REPEAL OF CHAPTER AND SCHEDULE

921 Repeal of this Chapter and Schedule 8

This Chapter and Schedule 8 are repealed on 1 January 2017.

Note

The repeal of this Chapter and Schedule 8 does not affect the continuing operation of the amendments made by them (see section 15(1) of the Interpretation of Legislation Act 1984).

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SCHEDULES

SCHEDULE 1

DECLARED WATER SYSTEM CONVERSIONS OF TAKE AND USE LICENCES

Section 174

PART 1—INTERPRETATION

1 Definitions

In this Schedule—

appointed day, for a water system—see clause 2;

conversion rules, for a water system, mean the rules determined for that water system by the Minister under clause 19;

owner means—

(a) in the case of land that is under the Transfer of Land Act 1958—the registered proprietor of an estate in fee simple in the land or, if the registered proprietor is a life tenant, the holder of the remainder interest;

(b) in the case of land that is not under the Transfer of Land Act 1958—

(i) if there is a mortgage over an estate in fee simple in the land under which the mortgagee is the owner of the legal estate—the holder of the equity of redemption; or

(ii) in the case of any other estate in fee simple—the owner of the legal estate;

Sch. 1Part 1.3—Application

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Registrar of Titles has the same meaning as Registrar has in the Transfer of Land Act 1958;

unconfirmed water share means a water share in respect of which there is in effect a qualification under clause 7.

2 Meaning of appointed day

(1) An appointed day, for a water system, is the day the water system becomes a declared water system under a declaration under section 822(1).

(2) An appointed day cannot be the day this Schedule comes into operation.

3 Who is a holder of a take and use licence for the purposes of this Schedule

For the purposes of this Schedule, if the holder of a take and use licence is recorded to be—

(a) a partnership, each partner in the partnership is taken to be a holder of the licence;

(b) an unincorporated body (however described), each member of the body is taken to be a holder of the licence.

PART 2—CONVERSION

4 Application of Part

This Part applies on and after the appointed day for a water system to each take and use licence in effect immediately before that day within the water system that is not a licence under which—

(a) the water to be taken and used is subject to a condition that a proportion of the water so taken and used is returned to the water system; or


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(b) the water is to be taken and used for a purpose prescribed for the purposes of section 129(2)(b)(i).

5 Entitlement to water share

(1) On the appointed day for a water system—

(a) the holder of a take and use licence to which this Part applies is taken to be the owner of a water share taken to be issued under Division 2 of Part 4.4; and

(b) the take and use licence is cancelled.

(2) A water share referred to in subclause (1)—

(a) authorises water to be taken at the maximum amount that is the same as the amount shown on the take and use licence immediately before the appointed day; and

(b) has a class of reliability that is determined in accordance with the conversion rules.

(3) In addition, the place at which water is taken under a take and use licence to which this Part applies immediately before the appointed day is, on that day, taken to be a place approved under Division 1 of Part 4.10 as a place where water may be taken under a water allocation under a water share referred to in subclause (1).

(4) If a take and use licence to which this Part applies is held by more than one person, the proportions of ownership of the water share by each holder of the licence are to be determined in the manner set out in clause 6.

Sch. 1Sch. 1Part 1.3—Application

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6 Determination of portions on conversion of take and use licences to water shares

(1) Unless subclause (2) applies, if a take and use licence to which this Part applies is held by more than one person, the holders of the licence are taken to own the water share as tenants in common in equal undivided portions.

(2) If a take and use licence to which this Part applies is held by an unincorporated association, the ownership of the share is to be determined as agreed between all persons who are members of the association.

7 Unconfirmed water shares

(1) This clause applies if on the appointed day for a water system the ownership of a water share is to be determined in accordance with clause 6 and—

(a) agreement has not been reached on the ownership of the share; or

(b) ownership of the whole or a part of the share cannot be clearly established.

(2) Despite anything to the contrary in this Act or the regulations, the ownership of the share under this Schedule is capable of being registered in the water register, subject to the qualification that the details recorded as to the share are unconfirmed.

(3) A qualification that is in effect under subclause (2) remains in effect until the ownership is determined—

(a) in accordance with this Schedule; or

(b) in accordance with the conversion rules.


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8 Dealings in unconfirmed water shares

(1) The following dealings are the only dealings that may take place in relation to unconfirmed water shares—

(a) a transfer of ownership of the share under section 105;

(b) a limited term transfer of the right to future water allocations under the water share under section 106;

(c) a surrender of a limited term transfer under section 106(4);

(d) a discharge of a mortgage over the water share;

(e) an assignment of a water allocation under the water share under section 108;

(f) a surrender of the water share under section 115.

(2) In addition to any requirements applying to the transfer of water shares under Part 4.5—

(a) any transfer of ownership of an unconfirmed water share under section 105 does not have effect until the Minister—

(i) approves the transfer, in accordance with section 109; and

(ii) notifies the Registrar of that approval; and

(b) any limited term transfer of an unconfirmed water share must not be recorded in the water register until the Minister—

(i) approves the transfer, in accordance with section 109; and

(ii) notifies the Registrar of that approval.


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(3) In the case of an assignment of a water allocation under a water share to which subclause (1)(e) applies, all persons who own the water share, in whole or in part, and all persons who have limited term transfers under the water share, in whole or in part are to be taken to be the holders of the water share.

9 Arbitration

(1) This clause applies if the members of an unincorporated association have not reached agreement under clause 6(2)—

(a) within a period of 6 months from the appointed day for a water system; or

(b) where the conversion rules so provide, any later date determined in accordance with the rules.

(2) Any member of the association may refer the matter to arbitration in accordance with the Commercial Arbitration Act 2011.

(3) An arbitration under this clause must be conducted before a sole arbitrator selected by agreement by all the members of the unincorporated association, or, in the absence of such an agreement, by the Secretary-General of the Australian Centre for International Commercial Arbitration Limited ACN 006 404 664.

(4) The costs of the arbitration are to be borne by all the entitled persons equally, unless otherwise awarded by the arbitrator.


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10 Procedure and findings of arbitration

(1) The arbitrator must make an award in the matter within 9 months of the arbitrator's appointment, unless—

(a) the arbitrator believes there are exceptional circumstances which require a longer period; or

(b) all the entitled persons agree to a longer period.

(2) The arbitrator may determine the procedures that apply to the arbitration, having regard to the commercial value of the subject matter of the dispute.

11 Matters to be taken into account in making findings

In making an award the arbitrator must have regard to—

(a) any relevant agreements; and

(b) any other relevant matters.

12 Notification of award of arbitration

The arbitrator must give a copy of the arbitrator's award in the matter to each entitled person and to the Registrar.

13 Registrar to register ownership in accordance with the award of the arbitrator

On receiving a copy of an award under clause 12, the Registrar must record the ownership of the water share in the water register in accordance with the award of the arbitrator.


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PART 3—OTHER CHANGES ON APPOINTED DAY

14 Entitlement to water use licence

On the appointed day, the owner of the land to which each take and use licence relates is taken to be the holder of a water use licence, taken to be issued under Division 2 of Part 4.7, that authorises water to be used—

(a) on that land; and

(b) subject to the same conditions as those that applied to the use or drainage of water under the take and use licence immediately before the appointed day; and

(c) subject to an annual use limit (if any) determined in accordance with the conversion rules.

15 Entitlements to works licences

(1) On the appointed day the holder of each take and use licence that, immediately before that day, authorised the construction, alteration or operation of infrastructure, is taken to be the holder of a works licence that authorises the construction, installation, alteration or operation of any such infrastructure.

(2) A works licence to which this clause applies is taken to be subject to—

(a) any conditions as to the maximum amounts of water which may be taken in any particular periods or circumstances—

(i) that applied under the take and use licence immediately before the appointed day; or


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(ii) as determined in accordance with the conversion rules—

whichever is the greater; and

(b) any conditions of the take and use licence that applied under that licence immediately before the appointed day as to—

(i) the installation and use of measuring devices and pumps; and

(ii) the operation of any infrastructure for extracting water from waterways.

16 Works licences for extracting water from a waterway in a declared water system

On and after the appointed day for a water system, a licence under section 527 that is in effect immediately before that day and that relates to infrastructure for extracting water from a waterway in that system where conditions relating to that infrastructure are set out in a take and use licence, is taken to be subject to—

(a) any conditions as to the maximum amounts of water which may be taken in any particular periods or circumstances from that infrastructure—

(i) under the take and use licence, as applying immediately before the appointed day; or

(ii) as determined in accordance with the conversion rules—

whichever is the greater; and

(b) any conditions as to—

(i) the installation and use of measuring devices and pumps; and


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(ii) the operation of any infrastructure for extracting water from waterways—

under the take and use licence, as applying immediately before the appointed day.

17 Amendment of bulk entitlements

(1) This clause applies despite anything to the contrary in Part 4.3.

(2) The Minister, by written notice, may make any amendment to a bulk entitlement that is necessary as a consequence of a water system becoming a declared water system.

(3) A notice under this clause must be made before the appointed day for the water system and must come into effect on that day.

(4) Notice of the making of a notice under this section must be published in the Government Gazette before or on the appointed day for the water system.

(5) A copy of a notice made under this section must be given to the holder of the bulk entitlement before or on the appointed day for the water system.

18 Conversion of mortgages

(1) On and after the appointed day for a water system, the following subclauses apply to each mortgage over the whole or a part of any parcel of land if, the owner of the whole or the part of the parcel, by reason of that ownership, is taken by the operation of clause 5, to be the owner of a water share in respect of the water system.

(2) The mortgage is taken to become, in addition to being a mortgage over the whole or the part of the parcel of land specified in the mortgage, a mortgage over the water share to secure the debt secured by the mortgage, immediately before the


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appointed day and amounts that may be advanced under the mortgage on or after that day, subject to the same terms and conditions as those that applied to the mortgage immediately before the appointed day.

(3) For the purposes of subclause (2)—

(a) if the whole or the part of the parcel of land is owned by one person only, and that person owns the water share as a tenant in common with other persons, the mortgage is deemed to be over that person's undivided interest in the water share; or

(b) if the whole or the part of the parcel of land is owned by more than one person, and those persons own the water share as tenant in common with other persons, the mortgage is deemed to be over those persons' undivided interest in the water share.

(4) Part 14.5, and regulations made for the purposes of that Part, apply to a mortgage that, under subclause (2), is taken to be over a water share.

(5) Mortgages that are taken to be over a water share under subclause (2) that were previously over the one parcel of land are taken to rank in the same priority to each other as that in which they were ranked when over the parcel of land.

(6) In the case of land not under the Transfer of Land Act 1958 over which there is a mortgage where the mortgagee is the owner of the legal estate, if that mortgage is taken to become (under subclause (2)) (in addition to being a mortgage over the land) a mortgage over a water share, the mortgage over the water share does not take effect as a transfer of the ownership of the mortgage, but takes effect in accordance with the provisions of this Act.


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PART 4—MISCELLANEOUS

19 Conversion rules

(1) Before the appointed day for a water system, the Minister may—

(a) make a determination setting out the rules that are to apply to the conversion of rights in the water system; and

(b) amend any determination made under paragraph (a).

(2) A determination under subclause (1) may provide for—

(a) any procedures that an Authority or that the Minister is required to carry out to identify, verify, apportion and calculate information relating to rights to which this Schedule applies and any matters that are to be determined under this Schedule; and

(b) any submission procedures and dispute resolution procedures any Authority, the Minister or the Registrar is required to undertake for the purposes of performing functions under paragraph (a) or (b) (as the case requires); and

(c) any other matters that are required or permitted to be set out by this Schedule.

(3) A determination under subclause (1) takes effect on the day specified in the determination.

(4) A determination under subclause (1)—


(b) notice of its making and of the day on which it takes effect must be published in the Government Gazette.


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(5) A determination under subclause (1)—

(a) must not be amended, unless to correct any clerical, factual or other inadvertent mistake in the determination; and

(b) must not be revoked.

(6) Before making a determination under subclause (1), the Minister must consult with—

(a) the Authority or Authorities responsible for the supply of water from the water system to which the determination relates; and

(b) the Registrar.

20 Disclosure of information for purposes of conversion

(1) The Registrar of Titles must ensure that all records and information for which the Registrar is responsible which are necessary to enable an Authority, the Minister or the Registrar to carry out the Authority's, the Minister's or the Registrar's functions under this Schedule, or to give effect to this Schedule, are disclosed to the Authority, Minister or Registrar (as the case requires) for those purposes.

(2) An Authority, the Minister and the Registrar of Titles must ensure that all records and information for which the Authority, the Minister or Registrar is responsible which it is necessary to disclose to the Authority, Minister or Registrar (as the case requires) for the purposes of this Schedule are disclosed to the Authority, Minister or Registrar, for those purposes.


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21 Power to require payment after the appointed day

The declaration of a water system, is taken not to affect the power of an Authority under Part 9.2 or of the Minister under Part 9.3 to impose and recover a fee or charge on or after the appointed day for that part of a fee or charge, determined by the Authority or the Minister in relation to a take and use licence in the water system, that applies to any period before the appointed day.

22 Application of fees after the appointed day

(1) This clause applies if before the appointed day for a water system, the holder of a take and use licence in the water system, has made a specified payment to an Authority or to the Minister.

(2) The Authority or the Minister (as the case requires) may apply that money on and after the appointed day to satisfy any fee or charge—

(a) payable on or after the appointed day in respect of any water share or water use licence taken to be issued in respect of that take and use licence under this Schedule; and

(b) payable under Part 9.2 or 9.3 in relation to any works licence under section 527.

(3) In this clause—

specified payment means a payment of money in satisfaction of a part of a fee or charge determined—

(a) by an Authority under Part 9.2 in relation to the licence; or

(b) by the Minister under Part 9.3 in relation to the licence—

being that part of the fee that relates to any period on or after the appointed day.


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23 References to take and use licences

On and after the appointed day for a water system, a reference in any document to a take and use licence (however described in the document) in the water system is taken to be a reference to the water share that the holder of that right is taken to own by the operation of this Schedule.

24 Evidentiary provision, fees and charges under Part 9.2 and 9.3

(1) If, in any proceeding under this Act or the regulations, the amount of water taken under a take and use licence in a water system during the fee period for the purposes of the land specified in the licence, is relevant—

(a) evidence may be given of the amount of water computed by the Authority or the Minister having regard to the total amount of water recorded by a water meter as having been taken during the fee period for the purposes of that land; and

(b) that evidence (in the absence of evidence to the contrary) is proof of the amount of water taken for the purposes of the land.


fee period, in relation to a take and use licence, means the period—

(a) for which a fee or charge is determined—

(i) under Part 9.2; or

(ii) under Part 9.3—

in relation to the licence; and


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(b) in which the appointed day for the water system from which water is taken under the licence occurs.

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SCHEDULE 2

REGISTRATION LICENCESSection 175

1 Definitions

In this Schedule—

old Act means the Water Act 1989 as in force immediately before the commencement of section 879;

original registration licence means a registration licence (within the meaning of paragraph (a) of that term as defined in the Dictionary) that authorises water to be taken and used from more than one spring, soak or dam within the meaning of the old Act.

2 Amendment of original registration licences and issue of new registration licences in certain circumstances


(2) A holder of an original registration licence may apply to the Minister (without payment of an application fee) for—

(a) the original registration licence to be amended so that it authorises water to be taken and used from a single spring, soak or dam specified in the application, being a spring, soak or dam from which water was authorised to be taken and used under the licence immediately before its amendment under this clause; and

(b) the issue of a new registration licence to take and use water from each other spring, soak or dam from which water was authorised to


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be taken and used under the original registration licence immediately before its amendment under this clause.

(3) An application under this clause must—

(a) be made in a form and manner approved by the Minister; and

(b) contain any information or document that is required by the Minister.

(4) The Minister, on receiving an application under this clause, may—

(a) amend the original registration licence so that it authorises water to be taken and used from the spring, soak or dam specified in the application; and

(b) issue a new registration licence to take and use water from each other spring, soak or dam from which the holder of the original registration licence was authorised to take and use water under the original registration licence.

(5) The Minister, in amending an original registration licence under subclause (4)(a), must reduce the amount of water authorised to be taken and used under that licence by an amount that is equivalent to the amount that is authorised to be taken and used under every new registration licence issued under this clause.

(6) Subject to subclause (8), an original registration licence that is amended under subclause (4)(a) continues to be subject to any condition to which the licence was subject immediately before the licence was amended.

(7) A new registration licence under this clause—

(a) must not authorise the taking and use of water from more than one spring, soak or


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dam; and

(b) subject to subclause (8), is subject to any condition to which the taking and use of water from the relevant spring, soak or dam was subject under the original registration licence.

(8) The Minister may amend a condition referred to in subclause (6) or (7)(b) to the extent necessary to reflect the amendment of the original registration licence and the issue of every new registration licence under this clause.

3 Issue of new registration licences for successors in title


(2) A person who is a successor in title to the owner of a part or parcel of land from which water was taken and used under an original registration licence may apply (without payment of an application fee) to the Minister for the issue of a new registration licence to take and use water from each spring, soak or dam on that part or parcel of land from which water was authorised to be taken and used under the original registration licence.

(3) An application under subclause (2) must—

(a) be made in a form and manner approved by the Minister; and

(b) contain any information or document that is required by the Minister.

(4) Subject to this clause, the Minister may issue a new registration licence to take and use water from each spring, soak or dam specified in the application if the Minister is satisfied that—


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(a) the applicant is the successor in title to the owner of the part or parcel of land from which water was taken and used under an original registration licence; and

(b) the original registration licence has not been surrendered under clause 4.

(5) Before issuing a new registration licence under this clause, the Minister must—

(a) give notice of the application to the holder of the original registration licence at the person's last known address; and

(b) consider any submission made within 28 days after the date of the notice by the holder of the original registration licence.

(6) If the Minister issues a new registration licence under this clause, the Minister must—

(a) amend the original registration licence so that the original registration licence ceases to authorise the taking and use of water from the spring, soak or dam specified in a new registration licence issued under this clause; and

(b) make any other amendment to the original registration licence that is neccessary to reflect the amendment of that licence under paragraph (a) and the issue of a new registration licence under this clause.

(7) The Minister, in amending an original registration licence under subclause (6)(a), must reduce the amount of water authorised to be taken and used under that licence by an amount that is equivalent to the amount that is authorised to be taken and used under every new registration licence issued under this clause.


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(8) A new registration licence issued under this clause—

(a) must not authorise the taking and use of water from more than one spring, soak or dam; and

(b) subject to subclause (9), is subject to any condition to which the taking and use of water from the relevant spring, soak or dam was subject under the original registration licence.

(9) The Minister may amend a condition referred to in subclause (8)(b) to the extent necessary to reflect the amendment of the original registration licence and the issue of every new registration licence under this clause.

4 Conversion of registration licences to water shares or take and use licences

(1) The holder of a registration licence may, during the term of the licence, surrender the licence to the Minister and apply, without payment of an application fee, for—

(a) the issue of a water share under Part 4.4; or

(b) the issue of a take and use licence under Part 4.5.

(2) On an application made under subclause (1), the Minister must issue, within 14 days after the application is made, a water share or a take and use licence, as the case requires, for the same maximum amount of water to be used in each year during the period of the licence as that which applied to the registration licence formerly held by the applicant.


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(3) A registration licence surrendered under subclause (1) is taken to continue in operation until the issue of a water share or a take and use licence, as the case requires, in accordance with subclause (2).

5 Application of old Act provisions relating to amendment, revocation, surrender and transfer of registration licences

Sections 59A, 59B, 59C, 60, 61 and 62(2AA) of the old Act continue to apply to an original registration licence to which clause 2 or 3 applies or a new registration licence.

6 Continuing operation of registration licences after declaration of water system

Despite a water system becoming a declared water system, any registration licence issued in the declared water system is taken to continue in effect.

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SCHEDULE 3Section 219(1)

SUBJECT-MATTER FOR WATER RESOURCE MANAGEMENT ORDERS

Maximum entitlement amount

1. The specification of the maximum amount of water that may be taken in an area or from a water system under bulk entitlements, water shares or take and use licences (a maximum entitlement amount) and the methodology or criteria to be applied for that specification.

Groundwater and surface water

2. Surface water flows including—

(a) the commitment of, or preservation of, flows for environmental purposes; and

(b) identification of flows that contribute to the preservation of the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality.

3. Restrictions or prohibitions on the taking of groundwater or surface water.

4. Metering, monitoring and accounting for surface water or groundwater or both, and the methodology to be applied for that accounting.

5. Specifying when a water corporation may determine a reliability contribution charge in respect of a specified area.

6. The structure of reliability contribution charges, including caps on such charges.

7. Specification of areas in respect of which a reliability contribution charge may be determined.


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Environmental water

8. Environmental water and its protection.

Bulk entitlements

9. Restrictions or prohibitions on the issue, amendment or transfer of bulk entitlements.

10. Restrictions or prohibitions on the assignment of water allocations under bulk entitlements.

11. Matters the Minister must have regard to in approving an assignment of a water allocation under a bulk entitlement or a transfer of a bulk entitlement.

12. Adjustment of amounts of water to be applied to transfers of bulk entitlements or assignments of water allocations under bulk entitlements.

13. Circumstances in which the consent of any Authority under this Act will be required to transfer a bulk entitlement or assign a water allocation under a bulk entitlement.

Licences

14. Restrictions or prohibitions on the issue, renewal, amendment or transfer of take and use licences, works licences or activities licences.

15. Matters the Minister must have regard to in deciding whether to issue, renew, amend or transfer a take and use licence, works licence or activities licence.

16. Matters the Minister must have regard to in deciding whether to impose conditions on or amend or remove conditions of a take and use licence, a works licence or activities licence, including when amending a take and use licence, a works licence or activities licence.

17. Matters in respect of which a take and use licence may be amended under section 142.


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18. Matters in respect of which a works licence or activities licence may be amended.

19. Transfers of take and use licences including—

(a) matters the Minister must have regard to in deciding whether to impose conditions on a transfer of a take and use licence; and

(b) adjustment of amounts of water to be applied to transfers of take and use licences.

20. Transfers of works licences or activities licences including matters the Minister must have regard to in deciding whether to impose conditions on a transfer of a works licence or activities licence.

21. Restrictions or prohibitions on the taking of water in a water system under a take and use licence.

22. Circumstances in which the consent of any Authority under this Act will be required to transfer a take and use licence.

Water shares

23. Restrictions or prohibitions on the issue or transfer of water shares.

24. Restrictions or prohibitions on the assignment of water allocations under water shares.

25. Adjustment of amounts of water to be applied to transfers of water shares and assignments of water allocations under water shares.

26. Matters the Minister must have regard to in approving an assignment of a water allocation under a water share or a transfer of a water share.

27. Circumstances in which the consent of any Authority under this Act will be required to transfer a water share or assign a water allocation under a water share.

Water allocations


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28. The taking of water under a water allocation, including the taking of water under a water allocation in a particular water season.

System allocation determinations

29. The specification of Authorities for the purpose of Part 4.9.

30. Specifying when a determining Authority may exercise powers under section 239.

31. The way in which a system allocation determination applies to bulk entitlements and water shares.

32. Matters applying to the making of a system allocation determination.

Monitoring and mitigation actions during period of water shortage

33. Requiring Authorities to—

(a) monitor the impacts of any temporary qualification of rights under section 60 or any other matter specified in a water shortage derogation order;

(b) carry out work to mitigate any adverse effect or the risk of an adverse effect of any temporary qualification of rights under section 60 or any other matter specified in a water shortage derogation order;

(c) change operating arrangements under a water shortage derogation order.

34. Specifying when an Authority may require a contribution from another Authority as provided under section 684.

Authorities

35. Duties, functions and powers of Authorities in relation to a water system, including the carrying out of water system and infrastructure service functions by an Authority.


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Forest plantations

36. Declarations of areas as forest plantation areas.

37. Allowable plantation areas and the method and criteria by which they are fixed.

38. Circumstances in which an area of rateable land may be approved as an approved offset area.

39. Matters the Minister must have regard to in granting offset area approvals.

Private dams

40. Specifying, for the purposes of section 244, the maximum amount of water that may be collected and stored for domestic and stock use in a private dam on particular lots in a plan of subdivision in specified areas.

41. Specifying, for the purposes of section 244, the location, maximum capacity and operation of private dams that collect or store water for a purpose other than—

(a) domestic or stock use; or

(b) irrigation or commercial use.

Stormwater infrastructure

42. Specification of areas with stormwater infrastructure as specified stormwater areas.

Miscellaneous

43. Approvals under Division 1 of Part 4.10.

44. Taking water in a water season that is subsequent to a water season in which that water may otherwise be taken.

45. Conditions to which the taking of water referred to in item 44 may be subject.

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SCHEDULE 4Sections 252 and 301

TRANSFER OF PROPERTY AND STAFF UNDER AN ALLOCATION STATEMENT

1 Definitions

In this Schedule—

former transferor instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—

(a) to which the transferor was a party; or

(b) that was given to, or in favour of, the transferor; or

(c) that refers to the transferor; or

(d) under which—

(i) money is, or may become, payable to the transferor; or

(ii) other property is to be, or may become liable to be, transferred to or by the transferor;

former transferor property means property, rights or liabilities of the transferor that, under this Schedule, have vested in, or become liabilities of, a transferee;

instrument includes a document and an oral agreement.


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2 Property transferred in accordance with allocation statement

On the relevant date for an allocation statement—

(a) all property and rights of the transferor, wherever located, that are allocated under the allocation statement, vest in the transferee in accordance with the statement; and

(b) all liabilities of the transferor, wherever located, that are allocated under the allocation statement, become liabilities of the transferee in accordance with the statement.

3 Staff transferred in accordance with allocation statement

(1) On the relevant day for an allocation statement, all specified employees of the transferor become employees of the transferee, and each such employee—

(a) holds a position that is equivalent to that previously held by the person in the transferor; and

(b) holds the position on terms and conditions no less favourable than those of the position held in the transferor and with the benefit of all rights accrued in respect of the office so held.


specified employee means a person who holds a position that is specified in the allocation statement, or a position of a class of position that is so specified.


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4 Allocation of property etc. subject to encumbrances

Unless an allocation statement otherwise provides, where, under this Schedule property or rights vest in, or liabilities become liabilities of, a transferee in accordance with an allocation statement—

(a) the property or rights so vested are subject to the encumbrances (if any) to which the property or rights were subject immediately before so vesting; and

(b) the rights to which the transferor was entitled in respect of those liabilities, immediately before they ceased to be liabilities of the transferor, vest in the transferee.

5 Certificate of managing director

(1) A certificate signed by the managing director of the transferor certifying that property, rights or liabilities of the transferor specified in the certificate have been allocated under an allocation statement is, unless revoked under subclause (2), admissible in evidence in any proceeding and, in the absence of evidence to the contrary, is proof—

(a) that the property, rights or liabilities so specified are the property, rights and liabilities to which the allocation statement applies; and

(b) that the allocation statement is an allocation statement for the purposes of this Schedule.

(2) The managing director may revoke a certificate given under subclause (1) by issuing another certificate in place of the first certificate.

(3) The managing director of a transferor—

(a) must keep a register of allocation statements and of certificates relating to them that are issued under this clause; and


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(b) must make the register reasonably available for inspection by a transferee or other interested person.

6 Value of transferred property

If the relevant allocation statement gives the value of property, rights or liabilities of the transferor that are allocated to the transferee, the value to the transferee of the property, rights or liabilities is the value so given.

7 Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of a transferor under an agreement are allocated to a transferee—

(a) the transferee becomes, on the relevant date, a party to the agreement in place of the transferor; and

(b) on and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement in place of the transferor.

8 Former transferor instruments

Each former transferor instrument relating to former transferor property continues to have effect according to its tenor on and after the relevant date in relation to that property as if a reference in the instrument to the transferor were a reference to the transferee.

9 Proceedings

(1) Subclause (2) applies if, immediately before the relevant date, proceedings relating to former transferor property (including arbitration proceedings) to which a transferor was a party were pending or existing in any court or tribunal (including an arbitral tribunal).


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(2) Unless an allocation statement otherwise provides, on and after the relevant date the transferee is substituted for the transferor as a party to the proceedings and has the same rights and liabilities in the proceedings as the transferor had.

10 Interests in land

Without limiting this Schedule and despite anything to the contrary in any other Act or law, if immediately before the relevant date a transferor is, in relation to former transferor property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(a) the transferee is to be taken to be the registered proprietor of that interest; and

(b) the transferee has the same rights and remedies in respect of that interest as the transferor had.

11 Easements

If a transferee acquires any right in the nature of an easement, or purporting to be an easement, as a result of an allocation statement, that right must be taken to be an easement even though there is no land vested in the transferee which is benefited or capable of being benefited by that right.

12 Amendment of Register

(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chairperson of the transferor of former transferor property, must make any amendments in the Register that are necessary because of the operation of this Schedule.


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(2) Despite subclause (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958.

13 Taxes

No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Schedule or in respect of any act or transaction connected with or necessary to be done by reason of this Schedule, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with, the transfer of property, rights or liabilities of a transferor.

14 Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of a transferor in relation to a former transferor instrument or former transferor property if this Schedule had not been enacted is admissible for or against the interests of the transferee.

(2) The Evidence Act 2008 applies with respect to the books of account of a transferor and to entries made in those books before the relevant date, whether or not they relate to a former transferor instrument or former transferor property, as if those books and entries were business records.


(1) Nothing effected or to be effected by Division 1 or 10 of Part 5.2 or done or suffered under that Division—

(a) is to be regarded as placing any person in breach of contract or confidence or as


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otherwise making any person guilty of a civil wrong; or

(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including a provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of, or to terminate, any agreement or obligation; or

(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or

(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or

(f) is to be regarded as frustrating any contract; or

(g) releases any surety or other obligor wholly or in part from any obligation.

(2) This section has effect despite anything in any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or rule of law to the contrary.

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SCHEDULE 5Sections 288 and 327

PECUNIARY INTEREST RETURNS

1 Definition

In this Schedule—

relevant person means a director or nominated employee of a water corporation or a Commissioner.

2 Submission of returns

(1) A person who becomes a director of a water corporation or a Commissioner, within 30 days after doing so, must submit a primary return in the form approved by the Minister or, in the case of a Commissioner, the environment Minister—

(a) for a director, to the managing director; and

(b) for a Commissioner, to the Chairperson.


(2) A person who is reappointed on completion of a term of office need not submit a new primary return.

(3) If the board of directors of a water corporation resolves that employees nominated by it must submit returns and then nominates employees for this purpose—

(a) each nominated employee must, within 30 days after the resolution, submit to the managing director a primary return in the form approved by the Minister; and


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(b) any person who becomes a nominated employee after the resolution must, within 30 days after doing so, submit to the managing director a primary return in the prescribed form in the form approved by the Minister.

(4) On or before 31 July in each year, a relevant person must submit an ordinary return in the form approved by the Minister or, in the case of a relevant person who is a Commissioner, the environment Minister—

(a) for a director or nominated employee, to the managing director; and

(b) for a Commissioner, to the Chairperson.


(5) An offence against subclause (1) or (4) is a strict liability offence.

3 Information to be disclosed in primary and ordinary returns

(1) A relevant person must disclose the following information in the primary return as at the date of that return—

(a) details of any source from which the person derives or expects to derive income—

(i) under a contract of service or contract for services; or

(ii) as an office holder; or

(iii) through engaging in a trade, vocation or profession;

(b) the name of any company or other body, corporate or unincorporate, in which the person holds, or expects to hold, an office whether as a director or otherwise;


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(c) the information referred to in subclause (2)(c), (d), (e) and (h).


(2) A relevant person must disclose in an ordinary return the following information in relation to the return period—

(a) details of any source from which the person derived income—

(i) under a contract of service or contract for services; or

(ii) as an office holder; or

(iii) through engaging in a trade, vocation or profession;

(b) if the person holds an office, whether as director or otherwise, in any company or body, corporate or unincorporate, the name of the company or body;

(c) the name or description of any company, partnership, association or other body in which the person holds a beneficial interest exceeding $2000 in value;

(d) the address or description of any land in which the person has any beneficial interest, other than by way of security for a debt;

(e) a concise description of any trust—

(i) in which the person holds a beneficial interest; or

(ii) of which the person is a trustee and in which a relative holds a beneficial interest;


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(f) the name or description of the source of any significant contribution made to the person, in cash or kind, to travel undertaken as director, employee or Commissioner beyond Victoria (but not including contributions by the State or a public statutory body);

(g) particulars of any gift received by the person from a person other than a relative which is equal to or exceeds the gift disclosure threshold;

(h) any other substantial interest, whether of a pecuniary nature or not, that the person has, or which a relative of the person has and of which the person is aware, and which the person ought reasonably to consider might appear to raise a material conflict between the person's private interest and their public duty as director, employee or Commissioner.


(3) A relevant person, who has already submitted one or more ordinary returns, must disclose in any subsequent ordinary return—

(a) any change in the information disclosed in the last return; and

(b) any additional information of the kind required to be disclosed by subclause (2)(a) to (h).


(4) Subclause (3) does not apply to any information already disclosed in a previous return.

(5) An offence against subclause (1), (2) or (3) is a strict liability offence.


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relative of a relevant person includes a domestic partner, or relative of a domestic partner, of the person.

4 Registers

(1) A water corporation must maintain a register containing all the information given in the returns submitted to the managing director under this Schedule.

(2) The Water Holder must maintain a register containing all the information given in the returns submitted to the Chairperson under this Schedule.

5 Inspection of registers

(1) Subject to the Information Privacy Act 2000, a water corporation or the Water Holder must allow a person to inspect the register maintained by it under clause 4 if that person has previously made a written application to it to do so.

(2) The register may be inspected at the principal office of the water corporation or the Water Holder, as the case requires, during normal office hours.

(3) A water corporation or the Water Holder must take all reasonable steps to ensure that—

(a) no person, other than a person who has made an application in accordance with this clause, has access to or is permitted to inspect the register or any return; and

(b) such access does not contravene any Information Privacy Principle within the meaning of the Information Privacy Act 2000.


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6 Persons not to publish information from the register

(1) A person must not publish any information derived from a register maintained under clause 4 unless that information is a fair and accurate summary, or a copy, of the information derived from the register.


(2) An offence against subclause (1) is a strict liability offence.

7 Misuse of information in the register

(1) This clause applies to a person who is, or has been, an employee of a water corporation or of the Water Holder or a person whose services are being used by a water corporation under section 257(5) or by the Water Holder under section 310(2).


(a) make a record of, divulge or communicate to any person any information in relation to a matter recorded in the register maintained by the water corporation or the Water Holder under clause 4 that is gained by the person while employed by it; or

(b) make use of information referred to in paragraph (a) for any purpose other than the discharge of their official duties under this Act.


(3) An offence against subclause (2) is a strict liability offence.


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8 Returns of former relevant persons

(1) As soon as possible after a person ceases to be a relevant person, the water corporation or the Water Holder, as the case requires, must delete all entries relating to that person from the register maintained by it under clause 4.

(2) A water corporation or the Water Holder must—

(a) retain the returns of a relevant person for 7 years after the person has ceased to be a relevant person; and

(b) at the end of that period, destroy the returns.

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SCHEDULE 6Section 877(1)

SUBJECT-MATTER FOR REGULATIONS

Taking and use of water

1. Requiring a person who takes water from a waterway or aquifer under a right conferred by section 40(1) or from a private dam under a right conferred by section 40(6) to give the Minister information about the amount so taken.

2. The purposes for which water from a declared water system is used on land.

Water supply

3. Regulating or prohibiting—

(a) the use of water that is supplied by a water corporation for the principal purpose of fire-fighting;

(b) any act which would cause wastage of water supplied by a water corporation.

Measuring amounts of water supplied or delivered

4. Ways of measuring the amount of water supplied or delivered to land or the amount of water taken, whether by meter or other measuring device or otherwise.

Dams

5. Regulating the planning, construction, surveillance, operation and maintenance of any dam or class of dam, whether existing or proposed, including design criteria for private dams for the re-use of water.

6. Specifying a formula to determine the maximum amount of water that may be re-used each year by a person by means of a private dam, whether existing or proposed.

7. Requiring a person to register a private dam.


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8. Requiring a person to notify the Minister before constructing or altering a private dam and specifying the information to be given.

Water register

9. The form and manner in which the water register is to be established and maintained, including, but not limited to, the establishment, maintenance and alteration of the system of the water register.

10. Records and information to be recorded in the water register in relation to specified water entitlements or other matters and the entities responsible for establishing and maintaining those records or that information.

11. The information to be included in documents lodged for making recordings in the water register, including the approval of forms for this purpose.

12. Conditions of access to the electronic lodgement network.

13. The lodgement of electronic documents for making recordings in the water register.

14. Requirements to be complied with in lodging electronic documents, including the production of supporting or authenticating documents.

15. The notification of recordings made as a result of the lodgement of electronic documents.

16. The certification of matters relating to electronic documents.

17. The searching of the water register for records and information.

18. The making available to the public of records and information in the water register and restrictions on access to such records and information.

19. The correction and amendment of the water register.

20. The disclosure of information between recording bodies.


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21. The creation of reports from records and information in the water register.

Control of activities

22. Regulating or prohibiting any activity—

(a) that is carried out within 40 metres of infrastructure or waterways forming part of the water supply system of a water corporation; and

(b) that may affect the system.

23. Preventing or minimising interference with or obstruction of the flow of water.

Discharges

24. Standards for any saline or other matter (whether in liquid form or not) that may be discharged—

(a) into infrastructure under the control of a water corporation; or

(b) into any waterway; or

(c) onto any place from which it may enter into—

(i) any infrastructure under the control of a water corporation; or

(ii) any waterway; or

(iii) any aquifer; or

(iv) any bore.

Sanitary drains

25. Sanitary drainage plans held by a water corporation, including—

(a) lodging plans of sanitary drains as they appear after they have been installed or altered; and

(b) specifying the details that the plans must contain; and

(c) providing copies of the plans.


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Trade waste

26. Regulating or prohibiting the discharge of any trade waste into the sewers or sanitary drains of a water corporation.

27. Prescribing the terms and conditions to which agreements for the receipt and disposal of trade waste by a water corporation—

(a) are subject; or

(b) may be subject.

28. Prescribing any matter or waste as trade waste for the purposes of this Act.

29. Prescribing the information to be provided to a water corporation by any person whose trade waste the water corporation agrees to receive.

30. The resolution of disputes under or in connection with a trade waste agreement or a proposed trade waste agreement.

Private infrastructure

31. Regulating infrastructure that forms part of any private infrastructure.

32. Regulating the maintenance and good working order of infrastructure that forms part of any private infrastructure.

Water corporation land and infrastructure

33. The management, protection and use of all lands, waterways and infrastructure under the management and control of a water corporation.

34. Prohibiting people who are not entitled to water supply from using water from the infrastructure of a water corporation.

35. Regulating or prohibiting the access to or use of land and infrastructure under the management and control of a water corporation.


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36. Regulating the class of infrastructure that a water corporation is responsible for maintaining and keeping in good working order.

Recreational areas

37. The management, protection and use of recreational areas under the management and control of an Authority including, but not limited to, the following—

(a) the control, management and use of the land, services and facilities in the area, including fees for the provision or use of any such services or facilities or for entry to land on which such services or facilities are situated;

(b) the protection of the land, infrastructure, services and facilities;

(c) the protection of people in the area from injury or nuisance;

(d) the conservation and preservation of flora, fauna and habitat in the area;

(e) the control of the introduction of any new flora or fauna to the area;

(f) the control of the numbers of any flora or fauna in the area.

38. The powers of an Authority with the management and control of a recreational area in relation to the removal of any unregistered or abandoned motor vehicle or vessel including, but not limited to, the following—

(a) notice of removal;

(b) surrender of the motor vehicle or vessel to its owner or an agent of the owner;

(c) sale of the motor vehicle or vessel;

(d) the circumstances in which clear title to the motor vehicle or vessel passes on sale;

(e) disposal of the proceeds of sale;


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(f) protection of the Authority from liability in relation to payments of the proceeds of sale.

39. The powers of an Authority with the management and control of a recreational area to issue a licence to operate a houseboat within the recreational area including, but not limited to, the following—

(a) specifying classes of licence;

(b) specifying the maximum number of licences that may be issued;

(c) specifying procedures (if any) with which an Authority must comply before issuing a licence;

(d) specify matters (if any) to which an Authority must have regard in issuing a licence.

Houseboats

40. Standards for houseboats (expressed in terms of performance, types of material, methods of construction or otherwise) in relation to—

(a) sewerage and water supply; and

(b) services, installations and ancillary equipment, including those for the provision of water supply services, for sanitary purposes and for sewerage.

Water supply protection

41. Preventing pollution of, or damage to, land, water or infrastructure forming part of a water catchment or water supply system.

42. The care, protection and management of land, water or infrastructure owned by, or vested in, or under the management and control of an Authority that forms part of a water catchment or water supply system.

Waterways and designated land or designated infrastructure

43. The general management and control of any waterway, land adjacent to a waterway or designated land or designated infrastructure.


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44. Preventing or minimising the silting up of any waterway or designated land or designated infrastructure or any injury to or pollution of it or them, including prohibiting the deposit of any material in or near it or them.

45. Prohibiting or regulating the removal of any material from land forming part of any waterway or designated land or designated infrastructure.

46. Regulating activities carried out on land forming part of any waterway, land adjacent to a waterway or designated land or designated infrastructure.

Water corporations

47. The long service leave of persons employed by a water corporation including the following—

(a) entitlements on retirement, death or termination of service;

(b) when long service leave may be taken;

(c) prohibiting an employee on long service leave from taking other employment for hire or reward;

(d) the nature of the service, and the computation of the period of the service, that entitles an employee to long service leave;

(e) the method of computing pay for long service leave;

(f) requiring water corporations to establish funds for the purpose of making payments in relation to long service leave;

(g) regulating the transfer of amounts from those funds;

(h) regulating agreements between water corporations;

(i) requiring the exchange of information between water corporations;


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(j) regulating agreements between water corporations and other persons.

Council and Authority contributions

48. The method for calculating the amount of a contribution or special contribution payable by a Council or an Authority under Division 1 of Part 9.4.

Victorian Environmental Water Holder

49. The restriction of access to classes of information contained in a register of pecuniary interests.

Fees

50. The matters for which fees are payable, the amount of those fees and the persons by whom they are payable.

Infringements

51. Water infringement offences, including—

(a) that a water infringement offence applies, or does not apply—

(i) at times; or

(ii) on days; or

(iii) in circumstances; or

(iv) at places—

specified in the regulations; and

(b) that a water infringement offence applies, or does not apply—

(i) to a person; or

(ii) to a class of person—

specified in the regulations.

52. Penalties for water infringement offences, including a different amount of penalty according to—

(a) the circumstances in which the offence is committed; or


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(b) the extent of the contravention constituting the offence.

Remedial action notice provisions

53. Provisions of this Act or the regulations for the purpose of the definition of RAN provision.

Water restrictions

54. Regulating, restricting or prohibiting the use of water that is supplied, including—

(a) prescribing a prohibition on the use of water as a permanent water saving prohibition;

(b) prescribing a restriction on the use of water as a water supply restriction.

55. Publication of notices announcing any restrictions or prohibitions on the use of water.

Levee maintenance permits

56. The conditions to which levee maintenance permits are subject.

Conditions and requirements

57. Conditions to which a consent given under section 357, 362, 412, 505, 512 or 779 is subject.

58. Classes of condition to which a consent given under section 357, 362, 412, 505, 512 or 779 may be subject.

59. Requirements to which a connection to a water corporation's sewerage infrastructure that is made following a direction given under section 468 is subject.

60. Classes of requirement to which a connection to a water corporation's sewerage infrastructure that is made following a direction given under section 468 may be subject.

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SCHEDULE 7

SAVINGS AND TRANSITIONAL PROVISIONS Section 878

PART 1—TRANSITION TO THE NEW ACT

Division 1—Interpretation

1 Definitions

In this Part—

environmental entitlement has the same meaning as in the old Act as in force immediately before the repeal day;

new Act means this Act;

old Act means the Water Act 1989 as in force from time to time before the repeal day;

old bulk entitlement means a bulk entitlement within the meaning of the old Act that is in force immediately before the repeal day;

old limited term transfer means a limited term transfer within the meaning of the old Act that is in force immediately before the repeal day;

old registration licence means a registration licence within the meaning of the old Act that is in force immediately before the repeal day;

old standing direction means a standing direction within the meaning of the old Act that is in force immediately before the repeal day;

old take and use licence means a licence issued under section 55(1) of the old Act on an application under section 51(1) of that Act


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that is in force immediately before the repeal day;

old water allocation means a water allocation within the meaning of the old Act that is in force immediately before the repeal day;

old water share means a water share within the meaning of the old Act that is in force immediately before the repeal day;

old water-use licence means a water-use licence within the meaning of the old Act that is in force immediately before the repeal day;

old water-use registration means a water-use registration within the meaning of the old Act that is in force immediately before the repeal day;

repeal day means the day on which the old Act is repealed;Note

Section 879 repeals the Water Act 1989.

seasonal determination means a seasonal determination within the meaning of the old Act that is in force immediately before the repeal day;

transitional water resource management order means an order made under clause 192.

Division 2—Savings and transitional provisions

2 General transitional provisions

(1) Except where the contrary intention appears, this Part, and any regulations made under this Part, do not affect or take away from the Interpretation of Legislation Act 1984.


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(2) If a provision of the old Act continues to have effect by force of this Part, or any regulations made under this Part, the following provisions also continue to have effect—

(a) any other provisions of the old Act that are related to the continued provision and that need to continue to be in force in order for the continued provision to have full force and effect, including any relevant definitions;

(b) any regulation made under the old Act for the purposes of the continued provision.

(3) This Part, and any regulations made under this Part, apply despite anything to the contrary in the new Act.

3 Declarations

On the repeal day a declaration by the Governor in Council under section 4(1) of the old Act of a collection of water to be a lake, lagoon, swamp or marsh that was in force immediately before that day is taken to be a declaration by the Minister under section 821 of the new Act.

4 Declared water systems

On the repeal day a declaration by the Governor in Council under section 6A(1) of the old Act that was in force immediately before that day is taken to be a declaration under section 822(1) of the new Act.

5 Water resources assessment program

(1) On the repeal day a requirement made, or direction given, by the Minister under section 23(2)(c) or (d) of the old Act before that day is taken to be a requirement or direction (as the case requires) under section 19 of the new Act.


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(2) For the purposes of section 20(1)(a) of the new Act, on the repeal day—

(a) works established under section 23(1)(h) of the old Act before that day are taken to be infrastructure established under section 16(3)(i) of the new Act; and

(b) a consent given by the Minister under section 23(5) of the old Act that was in force immediately before that day is taken to be given under section 20(1) of the new Act.

6 Whole of water cycle management planning framework

(1) Subject to subclause (2), the Minister, by notice published in the Government Gazette, may declare a document prepared by the Minister before the repeal day to be a finalised whole of water cycle management framework for the purposes of Part 2.5 of the new Act.

(2) The Minister may only act under subclause (1) if satisfied that the procedures specified in sections 34 to 37 of the new Act were substantially followed in preparing the relevant document.

7 Amendment of certain approved management plans

(1) This clause applies if, before the repeal day, the Minister—

(a) has in accordance with section 32G(2)(c) of the old Act appointed a consultative committee under section 29 of the old Act to advise on a proposed amendment to an approved management plan; and

(b) has not made a decision under section 32G(2) of the old Act in respect of the proposed amendment.


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(2) Despite the repeal of the old Act, on and after the repeal day, the consultative committee and the Minister must continue to act under sections 29, 31 and 32G as if those sections were in force if the approved management plan proposed to be amended is incorporated by reference in a transitional water resource management order.

(3) For the purposes of subclause (2), the consultative committee continues in office on and after the repeal day until it advises on the proposed amendment.

(4) If after the repeal day the Minister amends the approved management plan in accordance with this clause to make the proposed amendment and that plan is a plan incorporated by reference in a transitional water resource management order, the incorporated approved management plan is taken to be incorporated by reference as amended in accordance with this clause.

8 Minister's powers to qualify rights

(1) On the repeal day a declaration made by the Minister under section 33AAA of the old Act that was in force immediately before that day is taken to be a declaration under section 59(1) of the new Act.

(2) A qualification of any rights to water under section 33AAA(1) of the old Act that was in force immediately before the repeal day is, for the period for which it otherwise would have had effect, taken to be a qualification in relation to the rights to water to which it applied despite the repeal of that section.

(3) Any condition or duty imposed under section 33AAD(1) of the old Act on the holder of an old bulk entitlement that by force of clause 10 is taken to be a bulk entitlement within the meaning of the


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new Act continues to exist on and after the repeal day despite the repeal of that section.

9 State observation bores

On the repeal day a permission given by the Minister in relation to a State observation bore under section 33C of the old Act that was in force immediately before that day is taken to be an authorisation given in relation to that bore under section 40(1)(d) of the new Act.

10 Old bulk entitlements

(1) On the repeal day, an old bulk entitlement is taken to be a bulk entitlement within the meaning of the new Act subject to the same conditions to which the entitlement was subject immediately before that day.

(2) Subclause (1) applies despite anything to the contrary in the new Act.

11 Amendment of old bulk entitlements to remove certain conditions on the repeal day

(1) This clause applies despite anything to the contrary in the old Act or the new Act.

(2) The Minister, by notice published in the Government Gazette, may, on or before the repeal day amend an old bulk entitlement to do any one or more of the following—

(a) remove a condition of the entitlement of the kind that was imposed under section 43(ba), (c) or (i)(iv) of the old Act;

(b) amend a condition of the entitlement so that the condition is consistent with the kinds of conditions that may be imposed under section 85(1)(a) of the new Act;

(c) impose a new condition of the entitlement of the kind that may be imposed under


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section 85(1)(a) of the new Act;

(d) make any necessary consequential amendments to any condition of the entitlement in order to give effect to a thing done under paragraph (a), (b), or (c).

(3) A thing done under subclause (2) takes effect on the repeal day.

(4) The Minister must give 14 days written notice to the holder of the old bulk entitlement of the Minister's intention to act under subclause (2).

12 Amendment of old bulk entitlements after repeal day

(1) This clause applies to an old bulk entitlement to which clause 10 applies which has not been amended on or before the repeal day under clause 11.

(2) Despite anything to the contrary in this Act, the Minister, by notice published in the Government Gazette, may amend the old bulk entitlement to do any one or more of the following—

(a) remove a condition of the entitlement of the kind that was imposed under section 43(ba), (c) or (i)(iv) of the old Act;

(b) amend a condition of the entitlement so that the condition is consistent with the kinds of conditions that may be imposed under section 85(1)(a) of the new Act;

(c) impose a new condition of the entitlement of the kind that may be imposed under section 85(1)(a) of the new Act;

(d) make any necessary consequential amendments to any condition of the


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entitlement in order to give effect to a thing done under paragraph (a), (b), or (c).

(3) A thing done under subclause (2) takes effect on the day specified in the notice published in the Government Gazette.

(4) The Minister must give 14 days written notice to the holder of the old bulk entitlement of the Minister's intention to act under subclause (2).

13 Applications for bulk entitlements not dealt with before repeal day

(1) This clause applies if—

(a) an application has been made under section 36 of the old Act for the grant of a bulk entitlement within the meaning of the old Act before the repeal day; and

(b) the Minister has not made a decision on the application before that day.

(2) Despite the repeal of the old Act, on and after the repeal day, the application is to continue to be determined in accordance with the old Act as if the old Act were still in force.

(3) A bulk entitlement granted as a result of the application of this clause is taken to be a bulk entitlement within the meaning of the new Act on the day it is granted under section 34A of the old Act.

14 Applications for amendments of bulk entitlements not dealt with before repeal day



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(a) an application has been made under section 44 of the old Act for the amendment of an old bulk entitlement before the repeal day; and

(b) the Minister has not made a decision on the application before that day.


(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 86 of the new Act on an application under that section for the amendment of a bulk entitlement under the new Act.

15 Assignment of water allocations under bulk entitlements

On the repeal day an assignment of an old water allocation available to a person under an old bulk entitlement is taken to be an assignment of a water allocation under a bulk entitlement within the meaning of the new Act.

16 Applications for approval of water allocation assignments under bulk entitlements


(a) an application has been made under section 46C of the old Act for the approval of an assignment of an old water allocation for the purposes of section 46 or 46A of the old Act before the repeal day; and

(b) that application has not been determined before that day.

(2) Despite the repeal of the old Act, on and after the repeal day, the application is to continue to be


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determined in accordance with the old Act as if the old Act were still in force.

(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 90 of the new Act on an application under that section for the assignment of a water allocation available under a bulk entitlement within the meaning of the new Act.

17 Applications for transfers of bulk entitlements


(a) an application has been made under section 46D(2) of the old Act for the approval of a transfer of an old bulk entitlement before the repeal day; and



(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 92 of the new Act on an application under that section for the approval of a transfer of a bulk entitlement within the meaning of the new Act.

(4) To avoid doubt, section 93 applies to a transfer of a bulk entitlement approved by a decision of the Minister to which subclause (3) applies.

18 Applications for conversion of water shares and old take and use licences to bulk entitlements



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(a) an application has been made under section 47C of the old Act for an old water share or an old take and use licence to be converted to a bulk entitlement within the meaning of the new Act before the repeal day; and


(2) Despite the repeal of the old Act, on and after the repeal day, the application is to be continued to be determined in accordance with the old Act as if the old Act were still in force.

(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 96 of the new Act on an application under section 95 for the conversion of a water share or take and use licence to a bulk entitlement within the meaning of the new Act.

(4) To avoid doubt, section 97 applies to the conversion of an old water share, or old take and use licence, to a bulk entitlement under a decision of the Minister to which subclause (3) applies.

19 Declarations in relation to the sale of unallocated water

(1) A declaration made under section 47D of the old Act that is in force immediately before the repeal day continues in force on and after the repeal day.

(2) Subclause (1) applies despite the repeal of section 47D of the old Act.

20 Resource manager and environmental manager appointments

(1) An instrument of appointment under section 43A of the old Act that is in force immediately before


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the repeal day continues in force on and after that day until the fourth anniversary of the repeal day.

(2) Subclause (1) applies despite the repeal of section 43A of the old Act or anything to the contrary in the instrument of appointment.

21 Environmental entitlements

On the repeal day an environmental entitlement (other than an environmental entitlement to which clause 24 applies) is taken to be a bulk entitlement within the meaning of the new Act subject to the same terms and conditions to which the entitlement was subject immediately before the repeal day.

22 References to environmental entitlements

(1) On and after the repeal day, every reference to an environmental entitlement in a document (by whatever name called or however described) is taken to be a reference to a bulk entitlement within the meaning of the new Act.

(2) Subclause (1) applies unless the context otherwise requires.

23 Requests for allocation of environmental entitlements


(a) a request has been made under section 48C of the old Act for the allocation of an environmental entitlement under section 48B of that Act before the repeal day; and

(b) the Minister has not made a decision on the request before that day.

(2) Despite the repeal of the old Act, on and after the repeal day, the request must be determined in accordance with the old Act as if the old Act were still in force.


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(3) An environmental entitlement allocated as a result of the application of this clause is taken to be a bulk entitlement within the meaning of the new Act on the day it is allocated under section 48B of the old Act and that bulk entitlement is subject to the same terms and conditions to which the environmental entitlement was made subject to.

24 Requests for amendment of environmental entitlements not dealt with before repeal day


(a) a request has been made under section 48K of the old Act for the amendment of an environmental entitlement before the repeal day; and

(b) the Minister has not made a decision on the request before that day.

(2) Despite the repeal of the old Act, on and after the repeal day, the request must be determined in accordance with the old Act as if the old Act were still in force.

(3) An environmental entitlement amended as a result of the application of this clause is taken to be a bulk entitlement within the meaning of the new Act on the day it is amended under section 48K of the old Act and that bulk entitlement is subject to the same terms and conditions to which the environmental entitlement was subject to.

25 Assignment of water allocations

On the repeal day an assignment of an old water allocation available to a person under an environmental entitlement to which clause 21 or 24 applies is taken to be an assignment of a water allocation under the relevant bulk entitlement within the meaning of the new Act.


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26 Requests for approval of water allocation assignments under section 48L


(a) a request is made under section 48O of the old Act for the approval of an assignment of an old water allocation for the purposes of section 48L of the old Act before the repeal day; and

(b) the environmental entitlement to which the assignment relates is an entitlement to which clause 21 applies; and

(c) that request has not been determined before that day.

(2) Despite the repeal of the old Act, on and after the repeal day, the request is to continue to be determined in accordance with the old Act as if the old Act were still in force.

(3) However, the new Act applies to the decision of the Minister on the request as if it were a decision of the Minister under section 90 of the new Act on an application under that section for the assignment of a water allocation available under a bulk entitlement.

27 Applications for approval of further assignments of water allocations under section 48M


(a) an application is made under section 48O of the old Act for the approval of an assignment of an old water allocation for the purposes of section 48M of the old Act before the repeal day; and

(b) the environmental entitlement to which the assignment relates is an entitlement to which clause 21 applies; and


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(c) that application has not been determined before that day.


(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 90 of the new Act on an application under that section for the assignment of a water allocation available under a bulk entitlement.

28 Applications for approval of transfers of environmental entitlements


(a) an application is made under section 48OA of the old Act for the approval of the transfer of the whole or a part of an environmental entitlement before the repeal day; and

(b) the environmental entitlement to which the application relates is an entitlement to which clause 21 applies; and

(c) that application has not been determined before that day.


(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 92 of the new Act on an application under that section for the approval of a transfer of the whole or part of a bulk entitlement (as the case requires).


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(4) To avoid doubt, section 93 of the new Act applies to a transfer of the whole or part of an environmental entitlement approved by a decision of the Minister to which subclause (3) applies.

29 Applications for conversion of water shares and section 51 licences to bulk entitlements


(a) an application has been made under section 48OE of the old Act for an old water share or old take and use licence to be converted to an environmental entitlement before the repeal day; and



(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 96 of the new Act on an application under section 95 of that Act for the conversion of a water share or take and use licence to a bulk entitlement.

(4) To avoid doubt, section 97 of the new Act applies to the conversion of an old water share, or old take and use licence, to an environmental entitlement under a decision of the Minister to which subclause (3) applies.

30 Water shares

On the repeal day an old water share is taken to be a water share within the meaning of the new Act.

31 Applications for water shares



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(a) an application under section 33L or 33M of the old Act has been made before the repeal day; and



(3) A water share issued under section 33F(4)(a) or (c) of the old Act as a result of the application of this clause is taken to be a water share within the meaning of the new Act on the day it is issued.

32 Issue of water shares following contract of sale


(a) the Minister has entered into a contract for the sale of a water share within the meaning of the old Act under section 33P of the old Act before the repeal day; and

(b) the Minister has not issued the water share under section 33F(4)(b) of the old Act before that day.

(2) Despite the repeal of the old Act, the Minister may issue the water share under section 33F(4) of the old Act on or after the repeal day.

(3) The water share that is issued in accordance with subclause (2) is taken to be a water share within the meaning of the new Act on the day it is issued.

33 Limited term transfers


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On the repeal day an old limited term transfer is taken to be a limited term transfer within the meaning of the new Act.

34 Applications for approval of limited term transfers


(a) an application has been made under section 33X of the old Act for the approval of the giving of a limited term transfer within the meaning of the old Act before the repeal day; and



(3) An approval given as a result of the application of this clause is taken to be an approval under section 109(1)(c) of the new Act on the day the approval is given.

35 Applications for approval of transfers of ownership of water shares


(a) an application has been made under section 33X of the old Act for the approval of the transfer of ownership of an old water share before the repeal day; and




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(3) An approval given as a result of the application of this clause is taken to be an approval under section 109(1)(a) or (1)(b) (as the case requires) of the new Act on the day the approval is given.

36 Assignment of water allocations

On the repeal day an assignment of an old water allocation available to a person under an old water share is taken to be an assignment of a water allocation under a water share within the meaning of the new Act.

37 Applications for approval of water allocation assignments


(a) an application has been made under section 33X of the old Act for the approval of the giving of a water allocation assignment before the repeal day; and



(3) An approval given as a result of the application of this clause is taken to be an approval under section 109(1)(e) of the new Act on the day the approval is given.

38 Standing directions

On the repeal day an old standing direction is taken to be a standing direction within the meaning of the new Act.


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39 Applications for approval of the giving of standing directions


(a) an application has been made under section 33X of the old Act for the approval of the giving of a standing direction within the meaning of the old Act before the repeal day; and



(3) An approval given as a result of the application of this clause is taken to be an approval under section 109(1)(d) of the new Act on the day the approval is given.

40 Applications for division of water shares


(a) an application has been made under section 33Y(1) of the old Act for the division of an old water share before the repeal day; and



(3) A water share issued under section 33Y(1) of the old Act as a result of the application of this clause is taken to be a water share within the meaning of the new Act on the day the share is issued.


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(4) An old water share varied under section 33Y(1) of the old Act as a result of the application of this clause so that the volume of the water share is reduced is taken to be a water share within the meaning of the new Act with the reduced volume on the day the share is varied.

(5) Any mortgage that applied to an old water share immediately before a division of the share as a result of the application of this clause is, on and after the division, taken to apply—

(a) in the case of the cancellation of an old water share—to each new water share that is issued as a result of the application of this clause;

(b) in the case of the variation of an old water share and the issue of one or more new water shares as a result of the application of this clause—to the share that is varied and to each new share that is issued as a result of the application of this clause.

(6) Any old limited term transfer that applied to an old water share immediately before a division of the share as a result of the application of this clause is, on and after that division, taken to apply—

(a) in the case of the cancellation of an old water share—to each new water share that is issued as a result of the application of this clause;

(b) in the case of the variation of an old water share and the issue of one or more new water shares as a result of the application of this clause—to the share that is varied and to each new share that is issued as a result of the application of this clause.

(7) Subclause (6) applies despite anything to the contrary in this Act.


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41 Applications for consolidation of water shares


(a) an application has been made under section 33Z(1) of the old Act for the consolidation of 2 or more old water shares before the repeal day; and



(3) A water share issued under section 33Z(1) of the old Act as a result of the application of this clause is taken to be a water share within the meaning of the new Act on the day the share is issued.

(4) A water share the maximum volume of which is added to under section 33Z(1) of the old Act as a result of the application of this clause is taken to be a water share within the meaning of the new Act with the additional maximum volume on the day the water share volume is added to.

(5) On the consolidation of old water shares as a result of the application of this clause, any recorded mortgage or old limited term transfer over an old water share to which maximum volume has been added is taken to apply to the whole of the share (including that part to which the volume has been added).

42 Applications for surrender of water shares


(a) an application has been made under section 33AA(1) of the old Act for the surrender of


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an old water share to the Crown before the repeal day; and



(3) An authorisation to surrender the water share given as a result of the application of this clause is taken to be an authorisation under section 115(2) of the new Act on the day the authorisation is given.

(4) The Minister may refund to a person who has surrendered a water share to which this clause applies the whole or that part of any fee paid under Division 9 of Part 3A of the old Act that relates to any period of time after that surrender.

43 Applications for cancellation of water shares


(a) an application has been made under section 33AB(1) or 33ABA(1) of the old Act for the cancellation of an old water share before the repeal day; and



(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 122 or 123 of the new Act (as the case requires) on an


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application under those sections (as the case requires) for the cancellation of a water share.

44 Determinations of water allocations

A determination under section 33AC(1) of the old Act that is in force immediately before the repeal day is taken on that day to be a determination under section 116(2) of the new Act.

45 Approvals for the taking of interstate water

An approval under section 33AG(1) of the old Act to take water from a declared water system that is in force immediately before the repeal day (the old approval) is taken on that day to be an approval under section 242(2) of the new Act to take water from the place at which the water was being taken under the old approval before the repeal day subject to the same conditions to which the old approval was subject immediately before that day.

46 Applications for approvals for the taking of interstate water


(a) an application has been made under section 33AG(1) of the old Act before the repeal day; and



(3) An approval given as a result of the application of this clause is taken to be an approval to take water under section 242(2) of the new Act on the day


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the approval is given from the place that was the subject of the application.

47 Approvals for the taking of water outside water system

An approval under section 33AI(1) of the old Act that is in force immediately before the repeal day (the old approval) is taken on that day to be an approval under section 242(2) of the new Act to take water from the place at which the water was being taken under the old approval before the repeal day subject to the same conditions to which the old approval was subject immediately before that day.

48 Applications for approvals for the taking of water outside water system


(a) an application has been made under section 33AI(1) of the old Act before the repeal day; and



(3) An approval given as a result of the application of this clause is taken to be an approval to take water under section 242(2) of the new Act on the day the approval is given from the place that was the subject of the application.

49 Water use approvals under section 64K of the old Act


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An approval under section 64K(4) of the old Act for the use of, on land specified in a water-use licence or water-use registration—

(a) water being taken under a water share that is not associated with that land; or

(b) water being taken under the assignment of an allocation under section 46, 46A, 48L or 48M of the old Act—

that is in force immediately before the repeal day (the old approval) is taken, on the repeal day, to be an approval under section 242(2) of the new Act to take that water from the place at which the water was being taken under the old approval before that day subject to the same conditions to which the old approval was subject immediately before that day.

50 Applications to use water on land specified in a water-use licence or water-use registration


(a) an application has been made under section 64K(4) of the old Act before the repeal day for an approval for the purposes of section 64K(1)(b) or (1A) of that Act to use specified water; and



(3) An approval given as a result of the application of this clause to use, on land specified in a water-use licence or water-use registration, water being taken under the assignment of an allocation under section 46, 46A, 48L or 48M of the old Act is


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taken, on the day the approval is given, to be an approval to take water under section 242(2) of the new Act from the place at which the water is to be used under the approval.

51 Taking water under water shares associated with land

(1) This clause applies if before the repeal day—

(a) a person is using water authorised to be taken under Part 3A of the old Act on land specified in an old water-use licence or old water-use registration; and

(b) the water is being taken under an old water share that is associated with the land specified in that licence or registration.

(2) On and after the repeal day, the place that the water is being taken for use on the land is taken to be a place approved under section 242(2) of the new Act at which water is to be used.

52 Take and use licences

(1) On the repeal day an old take and use licence is taken to be a take and use licence within the meaning of the new Act subject to the same terms and conditions to which the old take and use licence was subject immediately before the repeal day.

(2) In addition, despite section 135 or 140 of the new Act, an old take and use licence to which subclause (1) applies remains in force—

(a) for the same period for which it was issued under section 51 of the old Act or last renewed under section 58 of the old Act, as the case requires; or


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(b) if the licence does not specify a date on which it expires, until it is cancelled.

53 Registration licences

(1) Despite the repeal of the old Act, an old registration licence continues in effect on and after the repeal day.

(2) To avoid doubt, Schedule 2 applies to an old registration licence to which subclause (1) applies.

54 Applications for take and use licences


(a) an application has been made under section 51(1) of the old Act before the repeal day; and



(3) A licence issued under section 51 of the old Act as a result of the application of this clause is taken to be a take and use licence within the meaning of the new Act on the day the licence is issued.

55 Applications for renewal of take and use licences


(a) an application has been made under section 58(1) of the old Act for the renewal of an old take and use licence before the repeal day; and


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(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 137 of the new Act on an application under section 136 of the new Act for the renewal of a take and use licence.

56 Amendment by Minister of take and use licences and registration licences


(a) the Minister has before the repeal day decided to amend an old take and use licence or an old registration licence under section 59(1) of the old Act; and

(b) the Minister has given a notice under section 59(2) of the old Act before that day; and

(c) the Minister has not amended the old take and use licence or the old registration licence to which that notice relates before that day.


(3) However, the new Act applies to the decision of the Minister to amend a take and use licence as if it were a decision of the Minister under section 148 of the new Act to amend a take and use licence.


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(4) In the case of a decision of the Minister to amend an old registration licence, the registration licence is taken to be amended as specified in the decision on the day that decision takes effect.

57 Applications to amend take and use licences and registration licences


(a) an application has been made under section 59A(2) of the old Act before the repeal day for—

(i) an old take and use licence or an old registration licence to be amended; or

(ii) a condition of an old take and use licence or an old registration licence to be amended or revoked; and



(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 143 of the new Act on an application under section 142 of the new Act for the amendment of a take and use licence or the amendment or removal of a condition of a take and use licence, as the case requires.

(4) In the case of a decision of the Minister to amend an old registration licence or to amend or revoke a condition of an old registration licence, the


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registration licence or condition of the registration licence is taken to be amended as specified in the decision on the day that decision takes effect.

58 Notices to revoke take and use licence or registration licence


(a) before the repeal day the Minister gives a written notice under section 60 of the old Act in respect of an old take and use licence or an old registration licence; and

(b) the notice period specified in that section ends on or after the repeal day; and

(c) the old take and use licence or the old registration licence is a licence to which clause 52 or 53 applies.

(2) On the day that notice period ends, the take and use licence or registration licence to which that notice relates is cancelled.

59 Applications to cancel take and use licences and registration licences


(a) an application has been made under section 61A(1) of the old Act before the repeal day for the cancellation of an old take and use licence or an old registration licence; and


(2) Despite the repeal of the old Act, on and after the repeal day, the application is to continue to be


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determined in accordance with the old Act as if the old Act were still in force.

(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 152 of the new Act on an application under that section of the new Act for the cancellation of a take and use licence.

(4) In the case of a decision of the Minister to cancel an old registration licence, the registration licence is taken to be cancelled on the day that decision takes effect.

60 Applications to transfer take and use licences


(a) an application has been made under section 62(3) of the old Act before the repeal day for the transfer of an old take and use licence; and



(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 155 of the new Act on an application under section 154 of the new Act for the transfer of a take and use licence.

61 Water-use licences

On the repeal day an old water-use licence is taken to be a water use licence within the meaning of the new Act subject to the same terms and


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conditions to which the old water-use licence was subject immediately before the repeal day.

62 Applications for water-use licences


(a) an application has been made under section 64O of the old Act before the repeal day for the grant of a water-use licence; and



(3) A water-use licence granted under section 64L of the old Act as a result of the application of this clause is taken to be a water use licence within the meaning of the new Act on the day the licence is granted in accordance with the old Act.

63 Determination of water-use objectives

On the repeal day water-use objectives determined by the Minister under section 64T of the old Act that are in force immediately before that day are taken to be water use objectives determined under section 183 of the new Act.

64 Determinations of standard water-use conditions

On the repeal day conditions determined by the Minister under section 64Y of the old Act that are in force immediately before that day are taken to be conditions determined under section 188 of the new Act.

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(a) an application has been made under section 64AH(2) of the old Act for the variation or revocation of a condition of an old water-use licence before the repeal day; and



(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 195 of the new Act on an application under section 194 of the new Act for a condition of a water use licence to be amended or removed, as the case requires.

66 Suspensions of water-use licences


(a) an old water-use licence has been suspended by the Minister under section 64AJ of the old Act before the repeal day; and

(b) that suspension is in force immediately before that day.

(2) On and after the repeal day, that suspension continues in force as if that suspension were made under section 200 of the new Act.

67 Cancellation of water-use licence on motion of Minister

(1) This clause applies if the Minister—

(a) has commenced to act under section 64AL(1) of the old Act for the cancellation of an old water-use licence before the repeal day; and


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(b) has not made a decision under that section before that day.

(2) Despite the repeal of the old Act, on and after the repeal day, the Minister must continue to act under section 64AL of the old Act as if the old Act were still in force.

(3) However, the new Act applies to the decision the Minister makes as a result of the application of this clause as if it were a decision under section 201 of the new Act to cancel a water use licence.

68 Applications for cancellation of water-use licences


(a) an application has been made under section 64AM(1) of the old Act for the cancellation of an old water-use licence before the repeal day; and



(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 204 of the new Act on an application under that section for the cancellation of a water use licence.

69 Water-use registrations

On the repeal day an old water-use registration is taken to be a water use registration within the meaning of the new Act subject to the same terms and conditions to which the old water-use registration was subject immediately before the repeal day.


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70 Applications for water-use registrations


(a) an application has been made under section 64AR of the old Act before the repeal day for the grant of a water-use registration; and



(3) A water-use registration granted under section 64AQ of the old Act as a result of the application of this clause is taken to be a water use registration within the meaning of the new Act on the day the registration is granted.

71 Applications to vary a condition of a water-use registration


(a) an application has been made under section 64AU(2) of the old Act for a variation of a term or condition of an old water-use registration before the repeal day; and



(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 213 of the new Act on an application under section 212 of


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the new Act for an amendment of a condition of a water use registration.

72 Cancellation of water-use registration on motion of Minister

(1) This clause applies if the Minister—

(a) has commenced to act under section 64AV(1) of the old Act for the cancellation of an old water-use registration before the repeal day; and

(b) has not made a decision under that section before that day.

(2) Despite the repeal of the old Act, on and after the repeal day, the Minister must continue to act under section 64AV of the old Act as if the old Act were still in force.

(3) However, the new Act applies to the decision the Minister makes as a result of the application of this clause as if it were a decision under section 214 of the new Act to cancel a water use registration.

73 Applications for cancellation of water-use registrations


(a) an application has been made under section 64AW(1) of the old Act for the cancellation of an old water-use registration before the repeal day; and



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(3) However, the new Act applies to the decision of the Minister on the application as if it were a decision of the Minister under section 215 of the new Act on an application under that section for the cancellation of a water use registration.

74 Seasonal determinations

On the repeal day a seasonal determination is taken to be a seasonal determination within the meaning of the new Act that is made under section 237 of the new Act.

75 Water Holder Commissioners

(1) A person holding office as a Commissioner, or acting Commissioner, of the Water Holder immediately before the repeal day continues, subject to the new Act, to hold that office on and after that day for the balance of the term specified in the instrument of appointment and on the same terms and conditions as those on which the person held that office immediately before that day.

(2) Schedule 5 to the new Act applies with respect to a Commissioner of the Water Holder appointed under Division 3 of Part 3AA of the old Act and in office immediately before the repeal day as if the person had become a Commissioner on that day.

76 Employees of the Water Holder

A person employed by the Water Holder immediately before the repeal day continues, subject to the new Act, to be employed by the Water Holder on and after that day on the same


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terms and conditions as those on which the person was employed immediately before that day.

77 Planning by the Water Holder

(1) On the repeal day a corporate plan of the Water Holder under section 33DV of the old Act and in force immediately before that day is taken to be a corporate plan of the Water Holder under section 328 of the new Act.

(2) On the repeal day a seasonal watering plan made under section 33DX of the old Act that was in force immediately before that day is taken to be a seasonal watering plan under section 330 of the new Act.

(3) On the repeal day a seasonal watering statement made under section 33DY of the old Act that was in force immediately before that day is taken to be a seasonal watering statement under section 331 of the new Act.

78 Ministerial rules relating to the Water Holder

On the repeal day rules made by the environment Minister under Division 6 of Part 3AA of the old Act that were in force immediately before that day are taken to be rules made under Division 8 of Part 5.3 of the new Act.

79 Works licences

(1) On the repeal day a licence issued under section 67 of the old Act that was in force immediately before that day is taken to be a works licence issued under section 527 of the new Act—

(a) subject to the same conditions to which it was subject immediately before that day; and

(b) despite section 533 of the new Act but subject to subclause (2), for the same period as that for which it was issued under section 67 of the old Act or last renewed


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under section 72 of the old Act, as the case requires.

(2) A licence to which subclause (1) applies expires on the twentieth anniversary of the repeal day unless it sooner expires or is revoked or cancelled.

(3) For the purpose of this clause and clauses 80 to 83—

(a) Part 5 of the old Act continues to have effect despite its repeal; and

(b) section 556(3)(a) of the new Act applies, in relation to a decision that is treated as if it were a decision under the new Act, as if the reference to Part 8.3 of the new Act were a reference to Part 5 of the old Act.

80 Applications for works licences

(1) An application under section 67 of the old Act that had not been determined before the repeal day is to continue to be determined in accordance with Part 5 of the old Act on and after that day.

(2) However, the new Act applies to the decision of the Minister on the application under section 67 of the old Act as if it were a decision by the Minister under section 527(1) of the new Act on an application under section 525 of the new Act for a works licence.

81 Applications for renewal of works licences

(1) An application under section 72(1) of the old Act that had not been determined before the repeal day is to continue to be determined in accordance with Part 5 of the old Act on and after that day.

(2) However, the new Act applies to the decision of the Minister on the application under section 72(1)


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of the old Act as if it were a decision by the Minister under section 542(1) of the new Act on an application under section 541 of the new Act for the renewal of a works licence.

82 Applications for amendment of conditions on works licences

(1) An application under section 73A of the old Act that had not been determined before the repeal day is to continue to be determined in accordance with Part 5 of the old Act on and after that day.

(2) However, the new Act applies to the decision of the Minister on the application under section 73A of the old Act as if it were a decision by the Minister under section 537(1) of the new Act on an application under section 535 of the new Act for an amendment of a condition of a works licence.

83 Applications for transfer of works licences


(2) However, the new Act applies to the decision of the Minister on the application under section 74 of the old Act as if it were a decision by the Minister under section 549 of the new Act on an application under section 548 of the new Act for a transfer of a works licence.

84 Application of clauses 85 to 89

(1) Clauses 85 to 89 apply to a permit issued by an Authority within the meaning of the old Act under


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a power to make a by-law conferred by a provision of the old Act to the extent that it authorises its holder to do anything that the holder could be authorised to do by a works licence.

(2) For the purpose of clauses 85 to 89—

(a) the by-law continues to have effect despite the repeal of the provision under which it was made; and

(b) section 556(3)(a) of the new Act applies, in relation to a decision that is treated as if it were a decision under the new Act, as if the reference to Part 8.3 of the new Act were a reference to the by-law.

85 Works permits

(1) On the repeal day a permit in force immediately before that day is taken to be a works licence issued under section 527 of the new Act—


(b) despite section 533 of the new Act but subject to subclause (2), for the same period as that for which it was issued or last renewed under the by-law.

(2) A works licence to which subclause (1) applies expires on the twentieth anniversary of the repeal day unless it sooner expires or is revoked or cancelled.

86 Applications for works permits

(1) An application for a permit under the by-law that had not been determined before the repeal day is to continue to be determined in accordance with that by-law on and after that day.

(2) However, the new Act applies to the decision of the Authority on the application for a permit as if


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it were a decision by the Minister under section 527(1) of the new Act on an application under section 525 of the new Act for a works licence.

87 Applications for renewal of works permits

(1) An application under the by-law for the renewal of a permit that had not been determined before the repeal day is to continue to be determined in accordance with that by-law on and after that day.

(2) However, the new Act applies to the decision of the Authority on the application for renewal as if it were a decision by the Minister under section 542(1) of the new Act on an application under section 541 of the new Act for the renewal of a works licence.

88 Applications for amendment of conditions on works permits

(1) An application under the by-law for the amendment of a condition of a permit that had not been determined before the repeal day is to continue to be determined in accordance with that by-law on and after that day.

(2) However, the new Act applies to the decision of the Authority on the application for amendment as if it were a decision by the Minister under section 537(1) of the new Act on an application under section 535 of the new Act for an amendment of a condition of a works licence.

89 Applications for transfer of works permits

(1) An application under the by-law for the transfer to another person of a permit that had not been determined before the repeal day is to continue to be determined in accordance with that by-law on and after that day.

(2) However, the new Act applies to the decision of the Authority on the application for transfer as if it


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were a decision by the Minister under section 549 of the new Act on an application under section 548 of the new Act for a transfer of a works licence.

90 Application of clauses 91 to 95

(1) Clauses 91 to 95 apply to a permit issued by an Authority within the meaning of the old Act under a power to make a by-law conferred by a provision of the old Act to the extent that it authorises its holder to do anything that the holder could be authorised to do by an activities licence.

(2) For the purpose of clauses 91 to 95—

(a) the by-law continues to have effect despite the repeal of the provision under which it was made; and

(b) section 556(3)(a) of the new Act applies, in relation to a decision that is treated as if it were a decision under the new Act, as if the reference to Part 8.3 of the new Act were a reference to the by-law.

91 Activities permits

(1) A permit in force immediately before the repeal day has effect on and after that day as if it were an activities licence issued—


(b) despite section 533 of the new Act, for the same period as that for which it was issued or last renewed under the by-law.

(2) An activities permit to which subclause (1) applies expires on the twentieth anniversary of the repeal day unless it sooner expires or is revoked or cancelled.

92 Applications for activities permits


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(1) An application for a permit under the by-law that had not been determined before the repeal day is to continue to be determined in accordance with that by-law on and after that day.

(2) However, the new Act applies to the decision of the Authority on the application for a permit as if it were a decision by the Minister under section 527(1) of the new Act on an application under section 525 of the new Act for an activities licence.

93 Applications for renewal of activities permits

(1) An application under the by-law for the renewal of a permit that had not been determined before the repeal day is to continue to be determined in accordance with that by-law on and after that day.

(2) However, the new Act applies to the decision of the Authority on the application for renewal as if it were a decision by the Minister under section 542(1) of the new Act on an application under section 541 of the new Act for the renewal of an activities licence.

94 Applications for amendment of conditions on activities permits

(1) An application under the by-law for the amendment of a condition of a permit that had not been determined before the repeal day is to continue to be determined in accordance with that by-law on and after that day.

(2) However, the new Act applies to the decision of the Authority on the application for amendment as if it were a decision by the Minister under section 537(1) of the new Act on an application under section 535 of the new Act for an amendment of a condition of an activities licence.

95 Applications for transfer of activities permits


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(1) An application under the by-law for the transfer to another person of a permit that had not been determined before the repeal day is to continue to be determined in accordance with that by-law on and after that day.

(2) However, the new Act applies to the decision of the Authority on the application as if it were a decision by the Minister under section 549 of the new Act on an application under section 548 of the new Act for a transfer of an activities licence.

96 Underground disposal

(1) On the repeal day an approval of an application under section 76 of the old Act that was in force immediately before that day is taken to be an approval under Part 8.5 of the new Act subject to the same conditions as those to which it was subject immediately before that day.


(3) However, the new Act applies to the decision of the Minister on the application under section 76 of the old Act as if it were a decision by the Minister under section 573 of the new Act on an application under section 572 of the new Act.

97 Directions concerning bores and dams

(1) On the repeal day a direction given by the Minister under section 78(1) or (3) of the old Act that was in force immediately before that day is taken to be a direction given by the Minister under section 594(1) or (3), as the case requires, of the new Act despite it not complying with section 594(5) of the new Act.


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(2) On the repeal day a direction given by the Minister under section 79(2) of the old Act that was in force immediately before that day is taken to be a direction given by the Minister under section 594(4) of the new Act despite it not complying with section 594(5) of the new Act.

(3) On the repeal day a direction given by the Minister under section 80(1) of the old Act, or a direction given by the Governor in Council under section 80(2) of the old Act, that was in force immediately before that day is taken to be a direction given by the Minister under section 599(1) of the new Act despite it not complying with section 599(4) of the new Act.

(4) The Minister may, on and after the repeal day, continue to carry out work under section 81 of the old Act that the Minister had commenced to carry out but had not completed before that day and, for that purpose, that section continues to have effect despite its repeal (including for the purpose of recovering the reasonable cost of the work).

98 Victorian water register

(1) The repeal of Part 5A of the old Act does not affect any record or other information recorded in the water register before the repeal day.

(2) A record or other information lodged with the Registrar for recording in the water register before the repeal day but not recorded before that day may continue to be dealt with by the Registrar under Part 5A of the old Act despite its repeal and may be recorded in the water register on or after the repeal day.

(3) A recording in the water register that the Registrar was required or permitted to make before the repeal day but not made before that day may be


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recorded by the Registrar in the water register on or after that day.

(4) An application under section 84Y of the old Act that had not been determined before the repeal day is to continue to be determined in accordance with that section on and after that day and, for that purpose, that section continues to have effect despite its repeal.

(5) However, the new Act applies to the decision of the recording body on the application under section 84Y of the old Act as if it were a decision by it under section 856 of the new Act.

(6) An application under section 84ZB(4)(b) of the old Act that had not been determined before the repeal day is to continue to be determined in accordance with that section on and after that day and, for that purpose, that section continues to have effect despite its repeal.

(7) Section 84ZJ of the old Act continues to apply, despite its repeal, to fees paid or payable under Part 5A of the old Act.

99 Water corporations

(1) A water corporation within the meaning of the old Act that was in existence immediately before the repeal day continues in existence on and after that day as a water corporation within the meaning of the new Act.

(2) On the repeal day a corporate plan of a water corporation under section 247 of the old Act and in force immediately before that day is taken to be a corporate plan of that water corporation under section 289 of the new Act.

100 Directors


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(1) A person holding office as a member of the board of directors of a water corporation immediately before the repeal day continues, subject to the new Act, to hold that office on and after that day for the balance of the term specified in the instrument of appointment and on the same terms and conditions as those on which the person held that office immediately before that day.

(2) On the repeal day an amount fixed by the Minister under section 117(2) or (3A) of the old Act that was in force immediately before that day is taken to be an amount fixed under section 268(2) of the new Act.

(3) Section 264(1)(c) of the new Act applies to meetings of the board of directors held before the commencement of that section as well as to meetings held on or after that commencement.

101 Administrators

An administrator appointed under section 91 of the old Act and in office immediately before the repeal day continues to hold that office on and after that day as if appointed under section 280 of the new Act and may exercise any power conferred on an administrator by or under the new Act.

102 Pecuniary interests

(1) On the repeal day a notice issued by the Minister under section 109(9) of the old Act that was in force immediately before that day is taken to be a notice under section 285 of the new Act.

(2) On the repeal day a register maintained by a water corporation under section 115(1) of the old Act that was in existence immediately before that day is taken to be a register under clause 4(1) of Schedule 5 to the new Act and any information


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entered in that register is taken to be information given in returns submitted under that Schedule.

103 Contracts of insurance

On the repeal day a resolution made by the board of directors of a water corporation under section 116 of the old Act that was in force immediately before that day is taken to be a resolution made by that board under section 270 of the new Act.

104 Committees of water corporations

On the repeal day a committee established by a water corporation under section 122C of the old Act and in existence immediately before that day is taken to be a committee established by the water corporation under section 277 of the new Act and its members continue to hold office on the same terms and conditions as those on which they held office immediately before that day.

105 Customer dispute resolution schemes

On the repeal day a customer dispute resolution scheme in existence in relation to a water corporation under Division 1 of Part 6B of the old Act immediately before that day is taken to be a customer dispute resolution scheme in relation to that water corporation under Division 8 of Part 5.2 of the new Act.

106 Employees of water corporations

A person employed by a water corporation immediately before the repeal day continues, subject to the new Act, to be employed by that corporation on and after that day on the same terms and conditions as those on which the person was employed immediately before that day.


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107 Superannuation

(1) This clause applies to a person employed by an Authority who, immediately before that employment, was—

(a) an officer within the meaning of the State Superannuation Act 1988 or any corresponding previous enactment; or

(b) a permanent employee within the meaning of the State Employees Retirement Benefits Act 1979; or

(c) a member of, or contributor to, a scheme of superannuation.

(2) The person may elect in writing, within 6 months after commencing duties as an employee of the Authority, to continue to be a person as described in the relevant paragraph of subclause (1) for the period of the employment.

(3) Subclause (2) is subject to the Act referred to in subclause (1)(a) or (b) or the rules governing the scheme referred to in subclause (1)(c), as the case requires.

(4) Until a person makes an election under subclause (2), or 6 months after the date on which a person commences duties as an employee of the Authority (whichever is earlier), the person continues to be a person as described in the relevant paragraph of subclause (1).

108 Saving of rights of public servants

A person who immediately before the repeal day had an entitlement to be employed in the public service on ceasing to be an officer of an Authority or an officer or employee of a council or catchment management authority continues to have that entitlement despite the repeal of section 323 of the old Act.


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109 Access over lands

(1) Subject to subclause (5), on the repeal day an agreement entered into under section 234 of the old Act and in force immediately before that day is taken to be an agreement under section 756 of the new Act.

(2) If an owner of land has given notice under section 234(1) of the old Act before the repeal day but an agreement was not entered into under section 234 of that Act before that day—

(a) section 234 of the old Act continues to apply despite its repeal for the purpose of the owner who gave the notice trying to arrange access by agreement with the other owner; and

(b) section 235 of the old Act continues to apply despite its repeal for the purpose of enabling a decision to be made by an appointed Authority at any time on or after that day.

(3) If an owner of land has applied to the Minister under section 235(1) of the old Act before the repeal day for the appointment of an Authority but an Authority was not appointed before that day, section 235 of the old Act continues to apply despite its repeal for the purpose of enabling at any time on or after that day—

(a) an Authority to be appointed; and

(b) a decision to be made by the appointed Authority.

(4) If an Authority has been appointed under section 235(2) of the old Act before the repeal day but a decision was not made by the appointed Authority before that day, section 235 of the old Act continues to apply despite its repeal for the purpose of enabling a decision to be made by the


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appointed Authority at any time on or after that day.

(5) Subject to subclause (7), on the repeal day a decision made under section 235 of the old Act and in force immediately before that day is taken to be a decision under section 758 of the new Act.

(6) Subject to subclause (7), a decision made under section 235 of the old Act on or after the repeal day by virtue of subclause (2) is taken from its making to be a decision under section 758 of the new Act.

(7) Section 236 of the old Act continues to apply despite its repeal to an agreement or decision covered by this clause.

110 Revocation or variation of right of access

(1) Subclause (2) applies if a party has notified the other parties under section 237 of the old Act of a proposed revocation or variation before the repeal day but the parties had not agreed on the revocation or variation before that day.

(2) Section 237 of the old Act continues to apply despite its repeal for the purpose of enabling an agreement to be made or a decision to be made by an appointed Authority at any time on or after the repeal day.

(3) Subject to subclause (4), an agreement or decision made under section 237 of the old Act on or after the repeal day by operation of subclause (2) is taken, on and after its making, to be an agreement or decision under section 760 of the new Act.

(4) Section 236 of the old Act, as applied by section 237(4) of that Act, continues to apply despite its repeal to an agreement or decision covered by subclause (3).

111 Maintenance of infrastructure


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(1) Subclause (2) applies if an owner of land had, before the repeal of section 238 of the old Act, entered land under that section to install, remove, alter or maintain any works but the installation, removal, alteration or maintenance had not been completed before the repeal day.

(2) Section 238 of the old Act continues, despite its repeal, to empower the carrying out of the installation, removal, alteration or maintenance on and after the repeal day.

(3) If an owner of land had, before the repeal of section 238(2) of the old Act, given another owner a notice under that section but the maintenance had not been completed before the repeal day, that section continues, despite its repeal, to empower the carrying out of the maintenance and the recovery of the costs of doing so on and after that day.

112 Breaking up roads in maintaining etc. infrastructure

(1) Subclause (2) applies if an owner of land had, before the repeal of section 239(1) of the old Act, begun to construct, maintain or alter works or had given the person responsible for maintaining a road a notice under section 239(2) of the old Act but the construction, maintenance or alteration, or breaking up of the surface of the road, had not been completed before the repeal day.

(2) Section 239 of the old Act continues, despite its repeal, to empower the carrying out of the construction, maintenance or alteration, or the breaking up of the surface of the road, on and after the repeal day.

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given an owner of land a notice under subsection (5) or (6) of that section but the carrying out of the necessary works had not been completed before the repeal day.

(4) Section 239 of the old Act continues, despite its repeal, to empower the carrying out of those works and the recovery of the costs of doing so on and after the repeal day.

(5) This clause is subject to section 5 of the Road Management Act 2004.

113 Community drainage, salinity and water supply schemes

(1) Section 244 of the old Act, despite its repeal, continues to apply on and after the repeal day with respect to a community agreement within the meaning of that section made, but not registered under the Transfer of Land Act 1958, before that day.

(2) Section 245 of the old Act, despite its repeal, continues to apply on and after the repeal day with respect to an agreement which varies or revokes a community agreement within the meaning of that section made, but not registered under the Transfer of Land Act 1958, before that day.

(3) A community agreement within the meaning of section 244 of the old Act made before the repeal day, whether registered under the Transfer of Land Act 1958 before, on or after that day, is to be taken to be a community agreement within the meaning of Part 12.4 of the new Act.

(4) A committee set up under a community agreement to which subclause (1), (2) or (3) applies continues to exist despite the repeal of section 244 of the old Act and to have the powers specified in section 245 of the old Act despite the repeal of that section.


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114 Process for transfer of property etc. of Authorities

(1) If a proposal was submitted to the Minister under section 287F of the old Act before the repeal of Part 13A of that Act but had not been refused or approved before the repeal day, Part 13A, despite its repeal, continues to apply on and after that day with respect to that proposal and the making of an allocation statement.

(2) An allocation statement under section 287F of the old Act may be amended under section 302 of the new Act as if it were an allocation statement under section 300 of the new Act.

115 Drillers' Licensing Board

A person holding office as a member of the Drillers' Licensing Board immediately before the repeal day continues, subject to the new Act, to hold that office on and after that day for the balance of the term for which the member was appointed and on the same terms and conditions as those on which the person held that office immediately before that day.

116 Driller's licences

(1) An application for a driller's licence made under section 311 of the old Act before the repeal day but not determined before that day may be dealt with on and after that day as if it were an application under section 580 of the new Act.

(2) Part 8.6 of the new Act applies with respect to a driller's licence granted under section 312 of the old Act and in force immediately before the repeal day in the same way as it applies to a driller's licence issued under section 581 of the new Act.

117 Advisory committees


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(1) An advisory committee in existence immediately before the repeal of section 318 of the old Act continues in existence on and after the repeal day as if it were an advisory committee appointed under section 829 of the new Act.

(2) For the purpose of subclause (1), a member of a committee referred to in that subclause continues to hold office on and after the repeal day for the balance of the term for which, and on the same terms and conditions as those on which, the member was appointed.

(3) On the repeal day rules made by the Minister under section 318(5) of the old Act and in force immediately before that day are taken to be rules made by the Minister under section 829(6) of the new Act.

118 Incorporated committees


(a) a committee declared to be a corporation under section 122C(2)(e) of the old Act and in existence immediately before that day is dissolved as a corporation; and

(b) the members who constituted the corporation are taken to constitute a committee established under section 277 of the new Act by the water corporation the board of directors of which established the committee that was declared to be a corporation; and

(c) the powers, functions and duties of the corporation are taken to be conferred or imposed on the committee referred to in paragraph (b); and

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transferred to the committee referred to in paragraph (b); and

(e) the committee referred to in paragraph (b) becomes the successor in law of the corporation.

119 Victorian Water Trust Advisory Council

On the repeal day the Victorian Water Trust Advisory Council established by section 305BB of the old Act is abolished and its members go out of office.

120 Levee maintenance permits

On the repeal day, a levee maintenance permit (within the meaning of the old Act) issued under Part 5AA of that Act that was in effect immediately before that day is taken to be a levee maintenance permit issued under Part 8.4 of the new Act subject to the same conditions to which it was subject immediately before that day.

121 Applications for levee maintenance permits

(1) If an application under Part 5AA of the old Act had not been determined before the repeal day, the application is to continue to be determined on and after the repeal day under and in accordance with that Act as if that Act had not been repealed.

(2) A levee maintenance permit issued as a result of the application of subclause (2) is taken to be a levee maintenance permit issued under Part 8.4 of the new Act.

122 Continuation of districts

(1) On the repeal day—

(a) a water district under the old Act that existed immediately before that day is taken to be a


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water supply district established under section 336(1)(a) of the new Act; and

(b) a sewerage district under the old Act that existed immediately before that day is taken to be a sewerage district established under section 336(1)(b) of the new Act; and

(c) an irrigation district under the old Act that existed immediately before that day is taken to be an irrigation district established under section 336(1)(c) of the new Act; and

(d) a waterway management district under the old Act that existed immediately before that day is taken to be a waterway management district established under section 336(1)(d) of the new Act.

(2) On the repeal day an Authority that immediately before that day—

(a) had a water district under the old Act is taken to have that district under the new Act; and

(b) had a sewerage district under the old Act is taken to have that district under the new Act; and

(c) had an irrigation district under the old Act is taken to have that district under the new Act; and

(d) had a waterway management district under the old Act is taken to have that district under the new Act.

123 Recreational areas


(a) a recreational area under the old Act that existed immediately before that day is taken to be a recreational area established under section 341 of the new Act; and


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(b) the Authority that immediately before that day had the management and control of that area under Division 5 of Part 6A of the old Act is taken to have the management and control of that area under section 341 of the new Act.

124 Leases and licences in recreational areas

On the repeal day, a lease or licence granted by an Authority with the management and control of a recreational area for the carrying on of any activity in, or the introduction of anything to, the area that was in effect immediately before that day is taken to be a lease or licence granted by that Authority under section 345 of the new Act.

125 Houseboat licences

On the repeal day, a houseboat licence issued under regulation 5 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2013 that was in effect immediately before that day is taken to be a licence issued under section 347 of the new Act.

126 Particular powers of Authorities


(a) an agreement entered into under section 124(7) of the old Act that was in effect immediately before that day is taken to be an agreement entered into under section 456 of the new Act; and

(b) an approval given by the Minister under section 124(10) of the old Act that was in effect immediately before that day is taken to be an approval given under section 374(1)(a) of the new Act.

127 Commercial ventures


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On the repeal day, an approval given by the Minister under section 127(1) of the old Act that was in effect immediately before that day is taken to be an approval given under section 375(1) of the new Act.

128 Intellectual property

On the repeal day, an approval given by the Minister under section 129(1) of the old Act that was in effect immediately before that day is taken to be an approval given under section 376 of the new Act.

129 Easements and reserves

(1) On the repeal day, any right that an Authority acquired that is in the nature of an easement, or purporting to be an easement, or taken to be an easement, under section 130(3) of the old Act is taken to be a right to which section 379(3) of the new Act applies.

(2) On the repeal day, an easement or reserve created for a purpose specified in section 136(1) of the old Act is taken to be an easement or reserve (as the case requires) to which section 385(3) of the new Act applies.

130 Management of Crown land


(a) an Order under section 131(1) of the old Act that was in effect immediately before that day is taken to be an order under section 381 of the new Act; and

(b) an Order under section 131(2) of the old Act that was in effect immediately before that day is taken to be an order under section 382 of the new Act.


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131 Leases and licences obtained under the old Act

On the repeal day, a lease or licence obtained under section 132(1)(a) of the old Act that was in effect immediately before that day is taken to be a lease or licence obtained under section 384(b) of the new Act—


(b) for the same period as that for which it was obtained under the old Act.

132 Leases and licences granted under the old Act

On the repeal day, a lease or licence granted under section 132(1)(c) of the old Act that was in effect immediately before that day is taken to be a lease or licence granted under section 384(a) of the new Act—


(b) for the same period as that for which it was granted under the old Act.

133 Easements granted under the old Act

On the repeal day, an easement granted under section 132(1)(d) of the old Act that was in effect immediately before that day is taken to be an easement granted under section 384(d) of the new Act.

134 Serviced properties

On the repeal day, land that immediately before that day was a serviced property within the meaning of the old Act (other than paragraph (h) of the definition of serviced property in that Act)


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or by operation of clause 12 of Schedule 15 to that Act—

(a) for the purpose of providing water supply services to the land, is taken to have been declared to be a serviced property under section 354(1)(a) of the new Act; and

(b) for the purpose of providing sewerage services to the land, is taken to have been declared to be a serviced property under section 354(1)(b) of the new Act; and

(c) for the purpose of providing the service of delivering water to the land, is taken to have been declared to be a serviced property under section 354(1)(c)(i) of the new Act; and

(d) for the purpose of providing drainage services that are of direct benefit to the land, is taken to have been declared to be a serviced property under section 354(1)(c)(ii) of the new Act; and

(e) for the purpose of providing salinity mitigation services that are of direct benefit to the land, is taken to have been declared to be a serviced property under section 354(1)(c)(iii) of the new Act; and

(f) for the purpose of providing regional drainage services that are of direct benefit to the land, is taken to have been declared to be a serviced property under section 354(1)(d)(i) of the new Act; and

(g) for the purpose of providing floodplain management services that are of direct benefit to the land, is taken to have been declared to be a serviced property under section 354(1)(d)(ii) of the new Act.

135 Transitional arrangements for certain properties


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(1) On the repeal day, land identified in a plan referred to in clause 136(1)(a) is taken to be a serviced property declared under section 354(1)(a) of the new Act.

(2) On the repeal day, land identified in a plan referred to in clause 136(1)(b) is taken to be a serviced property declared under section 354(1)(b) of the new Act.

(3) On the repeal day, land identified in a plan referred to in clause 136(1)(c) is taken to be a serviced property declared under section 354(1)(c)(i) of the new Act.

(4) On the repeal day, land identified in a plan referred to in clause 136(1)(d) is taken to be a serviced property declared under section 354(1)(c)(ii) of the new Act.

(5) On the repeal day, land identified in a plan referred to in clause 136(1)(e) is taken to be a serviced property declared under section 354(1)(c)(iii) of the new Act.

(6) On the repeal day, land identified in a plan referred to in clause 136(1)(f) is taken to be a serviced property declared under section 354(1)(d)(i) of the new Act.

(7) On the repeal day, land identified in a plan referred to in clause 136(1)(g) is taken to be a serviced property declared under section 354(1)(d)(ii) of the new Act.

136 Authority may lodge plan at central plan office

(1) For the purposes of clause 135, an Authority, at any time on or before the repeal day, may lodge a plan at the central plan office that identifies—

(a) land (other than land referred to in clause 134(a)) that—


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(i) is within the Authority's water district; and

(ii) the Authority has made provision for water supply services to that land; or

(b) land (other than land referred to in clause 134(b)) that—

(i) is within the Authority's sewerage district; and

(ii) the Authority has made provision for sewerage services to the land; or

(c) land (other than land referred to in clause 134(c)) that—

(i) is within the Authority's irrigation district; and

(ii) the Authority has made provision for delivering water to the land; or

(d) land (other than land referred to in clause 134(d)) that—


(ii) the Authority has made provision for drainage services in relation to the land or that are of direct benefit to the land; or

(e) land (other than land referred to in clause 134(e)) that—


(ii) the Authority has made provision for salinity mitigation services in relation to the land or that are of direct benefit to the land; or


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(f) land (other than land referred to in clause 134(f)) that—

(i) is within the Authority's waterway management district; and

(ii) the Authority has made provision for regional drainage that is of direct benefit to the land; or

(g) land (other than land referred to in clause 134(g)) that—

(i) is within the Authority's waterway management district; and

(ii) the Authority has made provision for floodplain management services that are of direct benefit to the land.

(2) An Authority must publish notice of a plan lodged under this clause in the Government Gazette as soon as practicable after the plan is lodged.

137 Decisions under the old Act to reduce, restrict or discontinue water supply

(1) On the repeal day, a decision of an Authority made under section 141(1) of the old Act in a circumstance referred to in subclause (2) that is in effect immediately before that day—

(a) to reduce the quantity of water supplied, is taken to be a decision under section 369(1)(a) of the new Act; and

(b) to restrict the quantity of water supplied, is taken to be a decision under section 369(1)(b) of the new Act; and

(c) to discontinue the supply of water, is taken to be a decision under section 369(1)(c) of the new Act.

(2) For the purposes of subclause (1), the circumstance referred to in—


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(a) section 141(1)(a) of the old Act, is taken to be the circumstance specified in section 369(2)(a)(i) of the new Act; and

(b) section 141(1)(b)(i) of the old Act, is taken to be the circumstance specified in section 369(2)(b)(i) of the new Act; and

(c) section 141(1)(b)(ii) of the old Act, is taken to be the circumstance specified in section 369(2)(a)(ii) of the new Act; and

(d) section 141(1)(c) of the old Act, is taken to be the circumstance specified in section 369(2)(c) of the new Act; and

(e) section 141(1)(h) of the old Act, is taken to be the circumstance specified in section 369(2)(f) of the new Act.

(3) A decision of an Authority made under section 141(1) of the old Act in the circumstance referred to in paragraph (d)(ii) or (f) of that section that is in effect immediately before the repeal day remains in effect, subject to that section, for a period not exceeding 6 months after the repeal day.

(4) A decision of an Authority made under section 141(1) of the old Act in the circumstance referred to in paragraph (e) or (g) of that section that is in effect immediately before the repeal day ceases to have effect on the repeal day.

138 Notices under section 133(1A)(a) and (1B)(a) of the old Act

(1) On the repeal day, a notice given under section 133(1A)(a) of the old Act that is in effect immediately before that day is taken to be a notice given under section 742(2)(b)(ii) of the new Act.

(2) On the repeal day, a notice given under section 133(1B)(a) of the old Act that is in effect


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immediately before that day is taken to be a notice given under section 739(2)(b) of the new Act.

139 Notice under section 133(2) of the old Act

(1) This clause applies to a notice given under section 133(2) of the old Act that is in effect immediately before the repeal day if the works had not commenced before that day.

(2) The notice ceases to have effect on the repeal day.

140 Continuing application of old Act to notices to repair and notices of contravention

(1) This clause applies to a notice that is served on a person under section 150 or 151 of the old Act that is in effect immediately before the repeal day.

(2) Despite the repeal of the section under which the notice is served, the notice remains in effect and the section continues to apply to it for a period of 12 months after the repeal day.

(3) An Authority may act under section 141(1)(d)(i) of the old Act in respect of a notice served under section 150 of that Act that is continued in effect by subclause (2).

(4) Section 151(3) of the old Act continues to apply for a period of 12 months after the repeal day in respect of a requirement made by an Authority under section 151(1) of that Act that had not been complied with immediately before that day.

141 Control over connections—consent

A consent given for the purposes of section 145(1)(a) or (b) of the old Act that was in effect immediately before the repeal day has effect on and after that day as if it were consent given under section 356 of the new Act.

142 Control over connections—applications for consent


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(1) An application under section 145 of the old Act that has not been determined before the repeal day is to continue to be determined on and after that day in accordance with that section as if that Act had not been repealed.

(2) A consent given on an application that relates to section 145(1)(a) or (b) of the old Act that is given as a result of the application of subsection (1) is taken to be consent given under section 357 of the new Act.

143 Trade waste and other discharges

A consent given for the purpose of section 145(1)(c) of the old Act that is in effect immediately before the repeal day has effect on and after that day—

(a) for a consent in respect of a matter or substance other than trade waste, as if it were consent given under section 362(1)(a) of the new Act; and

(b) for a consent given in respect of trade waste, as if it were consent given under section 475(1)(a) of the new Act.

144 Trade waste agreements

A trade waste agreement referred to in section 178(1)(b) of the old Act that is in effect immediately before the repeal day has effect on and after that day as if it were a consent given under section 362(1)(a) or 475(1)(a) (as the case requires) of the new Act.

145 Structures over works—consents

A consent given under section 148 of the old Act that is in effect immediately before the repeal day has effect on and after that day as if it were a consent given under section 779 of the new Act.

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(1) An application under section 148 of the old Act that has not been determined before the repeal day is to continue to be determined on and after that day in accordance with that section as if that Act had not been repealed.

(2) A consent given as a result of the application of subsection (1) is taken to be consent given under section 779 of the new Act.

147 Determination of disputes

A determination under section 154(1) or (2) of the old Act that is not completed before the repeal day is to continue to be determined on and after that day in accordance with that section as if that Act had not been repealed.

148 Authority may send water into waterway etc.

On the repeal day, a requirement under section 156(2)(a) of the old Act to maintain any bridge or other crossing is taken to be a requirement under section 399(2)(a) of the new Act.

149 Information statements

An application under section 158 of the old Act that is not determined before the repeal day is to continue to be determined on and after that day in accordance with that section as if that Act had not been repealed.

150 Emergency management—plans

On the repeal day, an emergency management plan made under section 159A of the old Act that is in effect immediately before that day is taken to be an emergency management plan made under section 420 of the new Act.

151 Emergency management—notices


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On the repeal day, a notice given under section 159D of the old Act that has not been complied with immediately before that day is taken to be a notice given under section 423 of the new Act.

152 Emergency management—Orders

An Order under section 159E(1) of the old Act that is in effect immediately before the repeal day ceases to have effect on that day.

153 Reconfiguration plans


(a) a draft plan prepared under section 161D of the old Act is taken to be a draft plan prepared under section 426 of the new Act; and

(b) directions issued by the Minister under section 161E of the old Act that are in effect immediately before that day are taken to be directions issued by the Minister under section 428 of the new Act; and

(c) a reconfiguration plan adopted under section 161F(1) of the old Act that is in effect immediately before that day is taken to be a reconfiguration plan adopted under section 429(1) of the new Act; and

(d) anything done under or in accordance with section 161F(2) of the old Act is taken to have been done under section 429(2) of the new Act; and

(e) approval given by the Minister under section 161G of the old Act that is in effect immediately before that day is taken to be approval given under section 430 of the new Act; and


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(f) a panel appointed under section 161H of the old Act is taken to be a panel appointed under section 431 of the new Act; and

(g) a declaration made or notice given under section 161J of the old Act that is in effect immediately before that day is taken to be a declaration made or notice given under section 433 of the new Act.

154 New works

(1) On the repeal day, a notice served under section 175(1)(a) of the old Act is taken to be a notice served under section 487(1) of the new Act.

(2) On the repeal day, consent in writing given for the purposes of section 175(4) of the old Act that is in effect immediately before that day is taken to be consent given for the purposes of section 487(6) of the new Act.

155 Statements of obligations of Authorities with waterway management functions

On the repeal day, a statement of obligations issued under section 186A(1)(a) of the old Act (including a statement that has been amended or varied under section 186A(1)(b) of that Act) that is in effect immediately before that day is taken to be a statement of obligations issued under section 492(1) of the new Act.

156 Designated works

On the repeal day, a declaration under section 188(1)(b)(i) of the old Act that is in effect immediately before that day is taken to be a declaration under section 509(2) of the new Act.


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157 Designated land or works—Melbourne Water Corporation

On the repeal day, a declaration under section 188A(3) of the old Act that is in effect immediately before that day is taken to be a declaration under section 509(3) of the new Act.

158 Preparation of regional waterway strategies

(1) This clause applies to a regional waterway strategy that is submitted for approval under section 190 of the old Act before the repeal day and the Ministers had not decided before that day whether to approve it.

(2) The old Act continues to apply to the consideration of the strategy as if it had not been repealed.

(3) A regional waterway strategy that is approved as a result of the application of this clause is taken to be a regional waterway strategy approved under section 496 of the new Act.

159 Approval of regional waterway strategies

On the repeal day, a regional waterway strategy approved under section 191 of the old Act (including a strategy that has been varied under section 192 of that Act) that is in effect immediately before that day is taken to be a regional waterway strategy approved under section 496 of the new Act.

160 Seasonal watering proposals

On the repeal day, a proposal prepared under section 192A of the old Act that is in effect immediately before that day is taken to be a proposal made under section 498 of the new Act.

161 Works that interfere with designated land or works—consents


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On the repeal day, consent given under section 194(1) of the old Act that is in effect immediately before that day is taken to be consent given under section 512(4) of the new Act.

162 Permits under By-Law No. 2: Waterways, Land and Works Protections and Management—Melbourne Water Corporation

On the repeal day, a permit issued under clause 17 of By-Law No. 2: Waterways, Land and Works Protections and Management made by Melbourne Water Corporation dated 9 April 2009 that is in effect immediately before the repeal day is taken to be consent given under section 512(4) of the new Act.

163 Control over connections and discharges—consents

On the repeal day, consent given under section 195(1) of the old Act that is in effect immediately before that day is taken to be consent given under section 512(4) of the new Act.

164 Ministerial rules for regional waterway strategies and seasonal proposals

On the repeal day, any rule made under section 197A of the old Act that is in effect immediately before that day is taken to be a rule made under section 499 of the new Act.

165 Declarations by Authorities under section 203 of the old Act

(1) On the repeal day, a declaration under section 203(1)(a) of the old Act that is in effect immediately before that day is taken to be a declaration under section 500(1)(a) of the new Act.

(2) On the repeal day, a declaration under section 203(1)(b) of the old Act that is in effect immediately before that day ceases to be in effect.


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(3) On the repeal day, a declaration under section 203(1)(c) of the old Act in relation to a designated waterway that is in effect immediately before that day ceases to be in effect.

(4) On the repeal day, a declaration under section 203(1)(c) of the old Act in relation to designated land or works that is in effect immediately before that day is taken to be a declaration under section 500(1)(b) of the new Act.

166 Review of declarations

An application made under section 207(1) of the old Act that is not been determined before the repeal day is to continue to be determined on and after that day under that section as if that Act had not been repealed.

167 Control over works and structures—consents

On the repeal day a consent given under section 208(1) of the old Act that is in effect immediately before that day is taken to be a consent given under section 505(2) of the new Act.

168 Water management schemes—investigations

(1) This clause applies if before the repeal day—

(a) the Minister had published a notice under section 214(1) of the old Act; and

(b) the investigation of the proposal described in the notice had commenced but had not been completed before that day.

(2) On and after the repeal day—

(a) the investigation is to continue under the old Act as if that Act had not been repealed; and


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(b) the scheme is to be prepared under section 401(b) of the new Act.

(3) For the purposes of subclause (2)(b), the committee appointed under section 214(2) of the old Act to carry out the investigation is taken to have been appointed under section 829 of the new Act to consider the scheme and to make recommendations to the Minister regarding it.

169 Water management schemes—prepared but notice not published

(1) This clause applies if before the repeal day, a committee appointed in accordance with section 214(2) of the old Act, for the purposes of an investigation of a proposal described in a notice published under section 214(1) of that Act—

(a) has completed the investigation; and

(b) has, under section 215(1) of that Act, commenced but not completed the preparation of a water management scheme for the area affected by the proposal.

(2) On and after the repeal day—

(a) the preparation of the scheme is to be continued by that committee under section 215 of the old Act as if it had not been repealed; and

(b) the scheme may be submitted to the Minister under section 215(3B) of that Act for his rejection, modification or acceptance.

(3) On and after the repeal day, a scheme that is prepared by the committee and accepted by the Minister as a result of the application of subclause


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(2) is taken to be a water management scheme accepted under section 402(3) of the new Act.

170 Approval of water management schemes

On the repeal day, a declaration under section 216(1) of the old Act that is in effect immediately before that day is taken to be a declaration under section 403(1) of the new Act.

171 Drainage courses


(a) a declaration of the Minister under section 218(1) of the old Act that is in effect immediately before that day is taken to be a declaration of the Minister under section 405(1) of the new Act; and

(b) consent given by the Minister for the purposes of section 218(8) of the old Act that is in effect immediately before that day is taken to be consent given by the Minister for the purpose of section 410 of the new Act; and

(c) consent given by an Authority or public statutory body for the purposes of section 218(12) of the old Act that is in effect immediately before that day is taken to be the consent of the Authority or public statutory body given for the purposes of section 412 of the new Act.

172 Drainage courses—applications for consent

(1) An application for consent for the purposes of section 218(12) of the old Act that has not been determined before the repeal day is to continue to


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be determined on and after that day under that Act as if that Act had not been repealed.

(2) A consent granted as a result of the application of subclause (1) is taken to be consent given under section 412 of the new Act.

173 Irrigation period

On the repeal day, an irrigation period fixed for the purposes of the definition of irrigation period in the old Act that is in effect immediately before that day is taken to be an irrigation period fixed under section 443 of the new Act.

174 General powers and duties of Authorities under Part 11

On the repeal day, a determination of a water corporation under section 222(2) of the old Act that is in effect immediately before that day is taken to be a determination of the water corporation under section 448(1)(a) of the new Act.

175 Authority to determine volumes and periods of delivery

(1) On the repeal day, a determination of a water corporation under section 223(1) of the old Act that is in effect immediately before that day is taken to be a determination of the water corporation under section 444(1) of the new Act.

(2) In this clause, a reference to a determination under section 223(1) of the old Act includes a reference to a determination under that section that had been varied in accordance with section 224 or 225, or transferred in accordance with section 226, of that Act.

176 Variation of delivery determinations on application

(1) An application made under section 224(4) of the old Act that has not been determined before the


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repeal day is to continue to be determined on and after that day under that section as if that Act had not been repealed.

(2) A decision of an Authority made as a result of the application of subclause (1) is taken to be a decision made under section 445 of the new Act.

177 Determination to transfer volume or periods

(1) An application made under section 226(1) of the old Act that has not been determined before the repeal day is to continue to be determined on and after that day under that section as if that Act had not been repealed.

(2) A decision of an Authority made in accordance with subclause (1) is taken to be a decision made under section 447 of the new Act.

178 Authority to fix terms and conditions for the service of delivering water

On the repeal day, a determination of an Authority under section 227 of the old Act that is in effect immediately before that day is taken to be a determination under section 448 of the new Act.


On the repeal day, a direction given by the Minister under section 228(1) of the old Act that is in effect immediately before that day is taken to be a direction given under section 450 of the new Act.

180 Declaration that property not to be serviced property


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(2) A declaration made as a result of the application of subclause (1) is taken to be a declaration under section 451 of the new Act.

181 Authority may reduce, restrict or discontinue delivery of water

(1) On the repeal day, a decision of an Authority—

(a) under section 231(1)(a) of the old Act that is in effect immediately before that day is taken to be a decision under section 369(2)(a)(ii) of the new Act; and

(b) under section 231(1)(b) of the old Act that is in effect immediately before that day is taken to be a decision under section 369(2)(d) of the new Act; and

(c) under section 231(1)(c) of the old Act that is in effect immediately before that day is taken to be a decision under section 369(2)(e) of the new Act; and

(d) under section 231(1)(e) of the old Act that is in effect immediately before that day is taken to be a decision under section 369(2)(f) of the new Act.



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182 Special water supply catchment areas and plans


(a) an Order under section 27(7) of the Catchment and Land Protection Act 1994 that was in effect immediately before that day that classifies a special area as a special water supply catchment area is taken to be an order under section 461(5)(a) of the new Act; and

(b) a special area plan under Division 2 of Part 4 of the Catchment and Land Protection Act 1994 that was in effect immediately before that day that deals with an area referred to in paragraph (a) is taken to be a water supply catchment area plan for that area approved under section 462 of the new Act.

183 Authorised water officers

On the repeal day, the appointment of a person as an authorised water officer under the old Act ceases to have effect.

184 Power of Minister to give directions

On the repeal day, a direction given under section 307 of the old Act that is in effect immediately before that day is taken to be a direction given under section 869 of the new Act.

185 Trespass etc.

On the repeal day, an authorisation in writing given under clause 12 of By-law No. 1: Water Supply Protection made by Melbourne Water Corporation that is in effect immediately before the repeal day is taken to be an authorisation given for the purposes of section 778(2) of the new Act.

186 Continuation of delegations and authorisations


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(1) This clause applies to the following instruments of delegation (as in force immediately before the repeal day) made by Melbourne Water Corporation under section 122B of the old Act—

(a) the instrument of delegation made on 26 August 2009 to the Secretary;

(b) the instrument of delegation made on 28 August 2009 to AquaSure Pty Ltd ACN 135 956 393.

(2) This clause also applies to the instruments of authorisation (as in force immediately before the repeal day) made on 18 March 2010 by the Secretary under section 123 of the old Act.

(3) An instrument of delegation or authorisation continues to have effect on and after the repeal day according to its terms.

(4) For the purposes of this clause the following provisions of the old Act continue to have effect despite their repeal—

(a) section 122B;

(b) section 123;

(c) any provision to which a delegation of a function, power or duty or an authorisation of a person relates or for the purposes of which it is made or given by an instrument of delegation or authorisation.

(5) This clause has effect despite—

(a) the repeal of the old Act by the new Act; and

(b) the amendments made to section 133 of the old Act by section 20 of the Water Amendment (Governance and Other Reforms) Act 2012.

(6) A provision of the old Act that continues to have effect by force of this clause or that continues to


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have effect in relation to that provision by force of clause 2(2) has, and for the purpose of the instruments of delegation or authorisation must be taken to always have had, effect as if it were in force on the commencement date of each of those instruments.

(7) For the purposes of this clause, Melbourne Water Corporation must be taken to continue to have, and to have had at all times on and from 26 August 2009, any function, power or duty that is the subject of an instrument of delegation or authorisation as continuing in effect by force of this clause.

(8) To avoid doubt—

(a) section 250 of the new Act applies in relation to Melbourne Water Corporation as if it extended to a power that it continues to have by force of subclause (7); and

(b) sections 41A, 42 and 42A of the Interpretation of Legislation Act 1984 apply in relation to a power to delegate and a delegation to which this clause applies.

(9) The Secretary, at any time on or after the repeal day, may amend the Schedule to an instrument of authorisation.

(10) Nothing in subclause (9) takes away from, or limits, any other power that the Secretary may have to amend an instrument of authorisation on or after the repeal day.

187 Licences, permits and other authorities

(1) This clause applies to a licence, permit or other authority under the old Act held immediately before the repeal day by an unincorporated body or association (including a partnership) that is continued in effect on and after that day by this


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Schedule as if it were an authority of a specified kind issued or granted under a specified provision of the new Act.

(2) The licence, permit or other authority continues in effect despite the fact that on or after the repeal day an authority of the kind that it is taken to be by operation of this Schedule could not be issued or granted under the new Act to the body or association because it is not a person within the meaning of the relevant provision as re-enacted by the new Act.

188 General provisions relating to VCAT

(1) An application to VCAT for review of a decision made under a provision of the old Act before the repeal day that had not been determined before that day is to continue to be determined on and after that day as if the old Act were still in force.

(2) A person who immediately before the repeal day had a right to make an application to VCAT for review of a decision made under a provision of the old Act but who had not done so before that day may do so on or after that day and within the period allowed under the old Act for making that application as if the old Act were still in force.

(3) An application to VCAT for review of a decision made under a provision of the old Act is to be determined on or after the repeal day as if the old Act were still in force.

(4) Subclause (5) applies to a decision made under a provision of the old Act before the repeal day that, on or after that day, is under the Victorian Civil and Administrative Tribunal Act 1998—

(a) affirmed or varied by VCAT; or

(b) set aside and another decision substituted for it by VCAT; or


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(c) set aside by VCAT and another decision made by the decision-maker on the matter being remitted to the decision-maker by VCAT for re-consideration.

(5) A licence, permit or other authority arising by operation of the decision is taken to be a licence, permit or authority issued or granted under the new Act of a kind that it would have been taken to be by operation of this Schedule had an application not been made to VCAT for review of the decision made under the old Act.Note

See also section 51(3) of the Victorian Civil and Administrative Tribunal Act 1998.

(6) An application to VCAT for a declaration made under section 305A of the old Act before the repeal day that had not been determined before that day is to continue to be determined on and after that day as if the old Act were still in force.

189 By-laws

To avoid doubt, a by-law made by an Authority under the old Act and in operation immediately before the repeal day is revoked on the repeal day.

190 Saving of development tariff power for South East Water for duration of the applicable price determination

(1) Despite the repeal of the old Act, on and after the repeal day and until the applicable price


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determination expiry date, South East Water mayimpose fees under a development tariff—

(a) on unserviced properties within its sewerage district; and

(b) to which the pricing principles in Part 4.4 of Schedule 4 of the applicable price determination apply.

(2) Sections 259(1)(b), (2), (4) to (6), (8) and (9) and 260 of the old Act continue to apply for the purpose of subclause (1) as if they had not been repealed.

(3) A fee imposed under a development tariff to which this clause applies is taken to be an owner contribution infrastructure charge imposed on the owner of the property under item 4 of the Table in section 632 of the new Act.

(4) For the purposes of subclause (3)—

(a) the following provisions of the new Act do not apply in relation to the development tariff to which this clause applies—

(i) section 635(1)(g);

(ii) Subdivision 4 of Division 2 of Part 9.2; and

(b) section 654 of the new Act applies as if a reference to an objection in the Table in that section were a reference to an objection to which subclause (5) applies.

(5) Section 266 of the old Act applies to a development tariff to which this clause applies as if it had not been repealed.


applicable price determination means the determination made under section 33 of the Essential Services Commission Act 2001


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pursuant to clause 8 of the Water Industry Regulatory Order on 21 June 2013 that applies to South East Water, as amended from time to time;

applicable price determination expiry date means 30 June 2018, or if the applicable price determination continues in effect after that date, the date on which that determination ceases to have effect;

development tariff means a development tariff within the meaning of Division 5 of Part 13 of the old Act;

South East Water means South East Water Corporation (trading as South East Water) ABN 89 066 902 547.

Division 3—Transitional water resource management orders

191 Definitions

In this Division—

approved management plan means a management plan approved under section 32A of the old Act as in force from time to time before the repeal day;

specified bulk entitlement matter means a matter for which a condition may be specified for a bulk entitlement under section 43(ba), (c) or (i)(iv) of the old Act;

transition instrument means—

(a) a declaration under section 22A of the old Act that is in force immediately before the repeal day; or

(b) a declaration under section 33AD, 47DA, 48MA or 62A of the old Act that is in force immediately before the repeal day; or


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(c) Rules made under section 33AZ, 47E, 48P, 64AAA or 64AZ of the old Act that are in force immediately before the repeal day; or

(d) a condition referred to under section 64GB(6)(f) of the old Act that is in force immediately before the repeal day; or

(e) a condition of an old bulk entitlement specified under section 43(ba), (c) or (i)(iv) of the old Act that is in force immediately before the repeal day; or

(f) a condition contained in an instrument of appointment of a storage manager under section 122ZK of the old Act that is in force immediately before the repeal day.

192 Making of transitional water resource management orders

(1) Subject to this Division, the Minister may make an order (a transitional water resource management order) for or with respect to—

(a) a matter or thing contained in a transition instrument; and

(b) control and management of water storage on land and any water or infrastructure on land (water storage functions) used for the purpose of controlling and managing water storage on land; and

(c) the appointment of a determining Authority; and

(d) the appointment of an Authority to perform water storage functions.

(2) Without limiting subclause (1), a transitional water resource management order—


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(a) may be of general or limited application; and

(b) may differ according to time, place or circumstance; and

(c) may confer powers and functions on, and leave any matter to be decided by, the Minister or an Authority; and

(d) may apply, adopt or incorporate any matter contained in any document (including an approved management plan)—

(i) wholly or partially or as amended by the order; or

(ii) as existing at the time the order is made or at any time before then; or

(iii) as existing from time to time.

193 Transitional water resource management order must be published in the Government Gazette

A transitional water resource management order must be published in the Government Gazette.

194 Minister must consult before making transitional water resource management order

Before making a transitional water resource management order the Minister must consult with—

(a) every Authority the Minister considers is likely to be affected by any matter to be dealt with by the proposed order; and

(b) the Water Holder if the Minister considers any subject matter of the proposed order is likely to affect any held environmental water.

195 Transitional water resource management orders take effect on repeal day


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A transitional water resource management order takes effect on the repeal day and is taken to be a water resource management order on that day.

196 Transitional water resource management orders cannot be made after repeal day

A transitional water resource management order cannot be made after the repeal day.


197 Regulations dealing with transitional matters

(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made by or as a result of the enactment of this Act.

(2) Regulations made under this clause may—

(a) have a retrospective effect to a day on or after a date not earlier than the day on which this Act receives Royal Assent; and

(b) be of limited or general application; and

(c) differ according to time, place or circumstance; and

(d) leave any matter or thing to be decided by a specified person or class of person.

(3) Regulations under this clause have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and


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Responsibilities Act 2006) or in any subordinate instrument.

(4) Sections 6 and 7 of the Subordinate Legislation Act 1994 do not apply to any regulations made under this clause.

(5) This clause expires on the second anniversary of the day on which it comes into operation.

__________________


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SCHEDULE 8

CONSEQUENTIAL AMENDMENTSSection 920

1 Accident Compensation Act 1985

1.1 In section 139, in the definition of local government corporation, paragraph (c) is repealed.

2 Borrowing and Investment Powers Act 1987

2.1 Insert the following heading to section 17A—

"Application of Act to certain Authorities under the Water Act 2014".

2.2 In section 17A(1), for the definition of Authority substitute—

"Authority has the same meaning as in the Water Act 2014.".

3 Building Act 1993

3.1 In section 221B(1), in the definition of plumbing laws, in paragraph (c), for "Water Act 1989" substitute "Water Act 2014".

3.2 In section 221B(1), in the definition of water authority, for "Water Act 1989" substitute "Water Act 2014".

4 Catchment and Land Protection Act 1994

4.1 In section 3(1)—

(a) in the definition of relative, for "Water Act 1989" substitute "Water Act 2014"; and

(b) the definition of waterway is repealed.

4.2 For section 13(1)(b) substitute—

"(b) section 869 of the Water Act 2014."


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4.3 In section 15(1), for "Water Act 1989" substitute "Water Act 2014".

4.4 In section 19E(2), for "Part 10 of the Water Act 1989" substitute "Division 8 of Part 7.5 of the Water Act 2014".

4.5 Section 27(2) and (7) is repealed.

4.6 In sections 50(c) and 52(6)(a) for "Water Act 1989" substitute "Water Act 2014".

4.7 At the foot of section 52(6) insert—"Note

See the definition of waterway in section 38 of the Interpretation of Legislation Act 1984.".

4.8 In section 93(1), (4)(b) and (5) for "Water Act 1989" substitute "Water Act 2014".

5 Climate Change Act 2010

5.1 In section 50(1)(b)(iii), for "Water Act 1989" substitute "Water Act 2014".

5.2 In Schedule 1—

(a) for "Water Act 1989" substitute "Water Act 2014"; and

(b) for "Consideration of a draft Sustainable Water Strategy by the Minister under section 22G." substitute "Conducting a regional resource assessment under Part 2.3, conducting a strategic review under Part 2.4 or preparing a whole of water cycle management planning framework under Part 2.5.".

6 Country Fire Authority Act 1958



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7 Criminal Procedure Act 2009

7.1 For item 30 of Schedule 2 substitute—

"30 Water Act 2014

30.1 Indictable offences under the Water Act 2014.".

7.2 Item 31 of Schedule 2 is repealed.

8 Docklands Act 1991

8.1 For section 25(7) substitute—

"(7) The following sections of the Water Act 2014 apply to a charge under this section as if the Authority were an Authority within the meaning of that Act—

(a) Subdivisions 2, 4, 5 and 6 of Division 1 of Part 9.2;

(b) Subdivisions 1, 2, 4, 5 and 6 of Division 3 of Part 9.2 and section 653;

(c) section 671;

(d) Divisions 1 and 3 of Part 9.6;

(e) item 80 of the Table in section 830(1);

(f) section 834.".

9 Duties Act 2000

9.1 For section 47(1)(e) substitute—

"(e) an Authority within the meaning of the Water Act 2014; or".

10 EastLink Project Act 2004

10.1 In sections 57(6), 63(8), 89, 102 and 113(1) for "section 175A of the Water Industry Act 1994," substitute "section 386A of the Land Act 1958,".


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10.2 In section 229(3), for "Section 165 of the Water Act 1989" substitute "Section 458 of the Water Act 2014".

11 Electricity Industry Act 2000

11.1 In section 93(1)(c), for "Water Act 1989" substitute "Water Act 2014".

12 Electricity Safety Act 1998

12.1 For section 91(5)(d) substitute—

"(d) a person selected by the Minister administering the Water Act 2014 from nominations given to the Minister by the metropolitan water corporations within the meaning of that Act;".

13 Environment Protection Act 1970

13.1 In section 28A(2), for the definition of sewerage authority substitute—

"sewerage authority means a water corporation within the meaning of the Water Act 2014 to which Division 5 of Part 7.5 of that Act applies;".

14 Essential Services Act 1958

14.1 In section 3 in the definition of essential service, for "the Melbourne and Metropolitan Board of Works, any Authority under the Water Act 1989" substitute "any Authority under the Water Act 2014,".

15 Essential Services Commission Act 2001

15.1 In section 3, in the definition of empowering instrument, for paragraph (e) substitute—

"(e) a water industry regulatory order made under section 706 of the Water Act 2014;".

15.2 In section 4(8), for "section 4A of the Water Industry Act 1994" substitute "the Water Act


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2014".

15.3 In section 10(m), for "1B of the Water Industry Act 1994" substitute "3A of the Murray-Darling Basin Act 1993".

16 Farm Debt Mediation Act 2011

16.1 In section 3, in the definition of farm property, in paragraph (c), for "Water Act 1989" substitute "Water Act 2014".

16.2 In section 3, in the definition of statutory enforcement notice, for paragraph (b) substitute—

"(b) a notice under section 849 of the Water Act 2014;".

17 Fire Services Property Levy Act 2012


18 Fisheries Act 1995

18.1 In section 50A(1), for "are, owned or vested in a water authority" substitute "are under the management or control of a water authority".

18.2 For section 50A(2) substitute—

"(2) In this section, water authority means an Authority within the meaning of the Water Act 2014 to which Division 2 or 4 of Part 7.5 of that Act applies.".

19 Forests Act 1958

19.1 In sections 19(1), 42(6), 45(2) and 49(1), for "Water Act 1989" substitute "Water Act 2014".

19.2 In section 96E (wherever occurring) for "Water Act 1989" substitute "Water Act 2014".

19.3 In section 96F(4) in the definition of—


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20 Geothermal Energy Resources Act 2005

20.1 In section 8, for "Water Act 1989" substitute "Water Act 2014".


"(1) In this section, water authority means a water corporation within the meaning of the Water Act 2014.".


21 Greenhouse Gas Geological Sequestration Act 2008

21.1 In section 3, in the definition of resource authority, for paragraph (e) substitute—

"(e) Water Act 2014;".

21.2 In sections 9, 41(1)(b), 52(1)(b), 97(1)(b), 108(1)(b), 136(1)(b), 143(1)(b) and 171(1)(b), for "Water Act 1989" substitute "Water Act 2014".


"(1) In this section, water authority means a water corporation within the meaning of the Water Act 2014.".



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22 Groundwater (Border Agreement) Act 1985


23 Health (Fluoridation) Act 1973

23.1 In section 2(1), in the definition of water supply authority—

(a) for paragraph (b) substitute—

"(b) a water corporation within the meaning of the Water Act 2014 to which Division 1 of Part 7.5 of that Act applies; or"; and

(b) for paragraph (d) substitute—

"(d) a water corporation within the meaning of the Water Act 2014 to which Division 3 of Part 7.5 of that Act applies.".

24 Heritage Rivers Act 1992

24.1 In section 3(1), insert the following definition—

"Melbourne Water Corporation has the same meaning as in the Water Act 2014;".

24.2 In section 3(1), in the definition of public land, for paragraph (b) substitute—

"(b) land vested in any public authority (other than a Council or an Authority within the meaning of the Water Act 2014 to the extent that the land vested in the Authority is within a sewerage district under that Act); or".

24.3 In section 3(1), in the definition of public land, in paragraph (c), omit "constituted under the Melbourne Water Corporation Act 1992".


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24.4 In section 3(1), for the definition of water diversion substitute—

"water diversion means the taking of water under a bulk entitlement, a take and use licence, a water share or an agreement under the Water Act 2014.".

24.5 In section 3(1), the definition of waterway is repealed.

24.6 At the foot of section 10(3) insert—"Note

See the definition of waterway in section 38 of the Interpretation of Legislation Act 1984.".

25 Infringements Act 2006

25.1 In section 3(1), in the definition of infringement offence, in paragraph (ba) omit "a by-law made under section 171 of the Water Act 1989 or".

26 Interpretation of Legislation Act 1984

26.1 In section 38, in the definition of waterway, for "Water Act 1989" substitute "Water Act 2014".

27 Lake Corangamite Act 1966

27.1 In section 5—

(a) for "The State Rivers and Water Supply Commission" substitute "An Authority within the meaning of the Water Act 2014"; and

(b) omit "it or any Authority within the meaning of the Water Act 1989"; and

(c) for "the Crown or any Authority within the meaning of the Water Act 1989" substitute "the Crown or any Authority within the meaning of the Water Act 2014".


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28 Land Conservation (Vehicle Control) Act 1972

28.1 In section 2, in the definition of public land, for paragraph (e)(ii) substitute—

"(ii) an Authority within the meaning of the Water Act 2014 to the extent that the land is within a sewerage district under that Act.".

29 Limitation of Actions Act 1958

29.1 In section 7AB, for "Water Act 1989" substitute "Water Act 2014".

30 Livestock Disease Control Act 1994


"(1) In this Division, sewerage authority means a water corporation to which Division 5 or 6 of Part 7.5 of the Water Act 2014 applies.".

30.2 In section 43(7), for "section 3(1) of the Water Act 1989" substitute "the Water Act 2014".

31 Local Government Act 1989


31.2 In section 201(1), for "a scheme declared to be an approved scheme under section 216 of the Water Act 1989" substitute "a water management scheme under Division 10 of Part 7.2 of the Water Act 2014".

32 Major Transport Projects Facilitation Act 2009

32.1 In sections 136(6), 141(8), 172 and 176 for "section 175A of the Water Industry Act 1994," substitute "section 386A of the Land Act 1958,".

32.2 In Column 1 of Schedule 1, for "Water Act 1989" substitute "Water Act 2014".


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32.3 In Column 2 of Schedule 1—

(a) for "Licence under section 51" substitute "Licence under Division 2 of Part 4.5"; and

(b) for "Licence under section 67" substitute "Licence under section 527".

33 Melbourne City Link Act 1995

33.1 In section 3, in the definition of public authority, in paragraph (g), for "Water Act 1989" substitute "Water Act 2014".

33.2 In section 24, for "section 175A of the Water Industry Act 1994," substitute "section 386A of the Land Act 1958,".

33.3 In section 60(8), for "section 175A of the Water Industry Act 1994 or" substitute "section 386A of the Land Act 1958 or".

33.4 In section 96(6), for "the Water Industry Act 1994 and the Water Act 1989" substitute "the Water Act 2014".

33.5 In section 103(3), for "165 of the Water Act 1989" substitute "458 of the Water Act 2014".

34 Mineral Resources (Sustainable Development) Act 1990


"(b) that is owned by, vested in or managed or controlled by an Authority within the meaning of the Water Act 2014 must obtain the consent of that Authority; and".

34.2 In section 44(8)—

(a) in paragraph (a) for "the Melbourne and Metropolitan Board of Works or an Authority under the Water Act 1989"


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substitute "an Authority within the meaning of the Water Act 2014"; and

(b) in paragraph (b), omit "that Board or"; and

(c) for "the Board or Authority" (wherever occurring) substitute "the Authority".

34.3 In section 44(9)(b) omit "the Board or".

34.4 In section 77B(1), for "an Authority under the Water Act 1989" substitute "an Authority within the meaning of the Water Act 2014".

34.5 In section 77B(3)(a) for "owned by, vested in or managed or controlled by an Authority under the Water Act 1989" substitute "managed or controlled by an Authority within the meaning of the Water Act 2014".

34.6 In clause 2 of Schedule 4A in paragraph (c)(ii) of the definition of waterway, for "Governor in Council declares under section 4(1) of the Water Act 1989" substitute "Minister declares under section 821 of the Water Act 2014".

35 Mines (Aluminium Agreement) Act 1961

35.1 For section 4(2)(b)(iii) substitute—

"(iii) the Water Act 2014;".

36 Municipal Association Act 1907

36.1 In section 5(1), for "under the Water Act 1989" substitute "within the meaning of the Water Act 2014".

36.2 For section 10B(b) substitute—

"(b) a director of a water corporation within the meaning of the Water Act 2014; or".

36.3 For section 10B(c) substitute—


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"(c) a member of the board of an Authority within the meaning of the Catchment and Land Protection Act 1994 that has a function under the Water Act 2014—".

37 National Parks Act 1975

37.1 In section 3(1), for the definition of Barwon Water substitute—

"Barwon Water means the water corporation (within the meaning of the Water Act 2014) known as Barwon Region Water Corporation;".

37.2 In section 3(1), for the definition of Melbourne Water Corporation substitute—

"Melbourne Water Corporation has the same meaning as in the Water Act 2014;".

37.3 In section 3(1), for the definition of Wannon Water, substitute—

"Wannon Water means the water corporation (within the meaning of the Water Act 2014) known as Wannon Region Water Corporation;".

37.4 In section 3(2) omit "Melbourne Water Corporation,".

37.5 In section 3(2), for "Authorities under the Water Act 1989" substitute "Authorities within the meaning of the Water Act 2014".

37.6 In section 30M, for "A licence under section 51 or 67 of the Water Act 1989" substitute "A licence under Division 2 of Part 4.5 or section 527 of the Water Act 2014".

37.7 In sections 32AH(1)(b) and 32NA(1), for "Water Act 1989" substitute "Water Act 2014".

37.8 In section 44B(4) in the definition of—


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38 Offshore Petroleum and Greenhouse Gas Storage Act 2010

38.1 For section 64(1)(c) substitute—

"(c) the Water Act 2014.".

39 Parks Victoria Act 1998

39.1 In section 7(1)(ab), for "Water Industry Act 1994" substitute "Land Act 1958".

40 Petroleum Act 1998


"(1) In this section, water authority means an Authority within the meaning of the Water Act 2014 that has a water supply district or sewerage district under that Act.".

41 Pipelines Act 2005

41.1 In section 5, in the definition of Water Minister, for "Water Act 1989" substitute "Water Act 2014".

42 Port Management Act 1995

42.1 In section 83, in the definition of authorised person, in paragraph (c) for "Water Act 1989" substitute "Water Act 2014".

43 Project Development and Construction Management Act 1994

43.1 In section 18A(6) for "section 175A of the Water Industry Act 1994" substitute "section 386A of


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the Land Act 1958".

44 Rain-making Control Act 1967


45 Reference Areas Act 1978

45.1 In section 2, in the definition of public land, for paragraph (d)(ii) substitute—

"(ii) a water corporation within the meaning of the Water Act 2014, to the extent that the land is within a sewerage district that the water corporation has under that Act.".

46 Residential Tenancies Act 1997

46.1 In sections 52(d) and 53(1)(e), for "Water Act 1989" substitute "Water Act 2014".

46.2 In sections 54(2) and 164(2), for "Part 13 of the Water Act 1989" substitute "Division 3 of Part 9.2 of the Water Act 2014".

47 Rural Finance Act 1988

47.1 In section 3, in the definition of rural industries, in paragraph (b)(ii), for "Water Act 1989" substitute "Water Act 2014".

48 Safe Drinking Water Act 2003

48.1 In section 3, in the definition of water storage manager—

(a) for paragraph (a) substitute—

"(a) a water corporation within the meaning of the Water Act 2014—

(i) to which Division 3 of Part 7.5 of that Act applies; and

(ii) which supplies water to a water supplier;"; and

(b) paragraph (b) is repealed.


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48.2 In section 3, in the definition of water supplier, for paragraph (b) substitute—

"(b) a water corporation within the meaning of the Water Act 2014 to which Division 1 or Division 3 of Part 7.5 of that Act applies;".

48.3 In sections 17(2)(a) and 53(d)(i), for "Water Industry Act 1994 or the Water Act 1989" substitute "Water Act 2014".

48.4 Part 6 is repealed.

49 South Yarra Project (Subdivision and Management) Act 1985


"(b) is not rateable under the Water Act 2014 (except for the determination and payment of a fee or charge for water supplied and sewerage services provided under that Act); and"

50 State Electricity Commission Act 1958

50.1 Section 19 is repealed.

50.2 Section 106(1)(e) is repealed.

51 Subdivision Act 1988

51.1 In section 17(6), for the definition of relevant authority substitute—

"relevant authority means—

(a) an Authority under the Water Act 2014 that has a water supply district or a sewerage district under that Act; or

(b) Melbourne Water Corporation within the meaning of the Water Act 2014;


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and".

51.2 In section 24(2)(da), for "section 8 of the Water Act 1989" substitute "section 40 of the Water Act 2014".

52 Sustainability Victoria Act 2005

52.1 In section 9(3)(b), for "Water Act 1989" substitute "Water Act 2014".

53 Traditional Owner Settlement Act 2010

53.1 In section 27(1), in the definition of public land authorisation, for paragraph (h) substitute—

"(h) a works licence under the Water Act 2014 to construct infrastructure on a waterway or a bore;".

53.2 In section 28(p), for "management plan under section 31 of the Water Act 1989" substitute "water resource management order under Part 4.8 of the Water Act 2014".

53.3 For section 29(a)(ii) substitute—

"(ii) if the authorisation is a works licence under the Water Act 2014 to construct any infrastructure on a waterway or a bore, the Minister responsible for administering section 527 of that Act; or"

53.4 In section 29(l), for "management plan under section 31 of the Water Act 1989" substitute "water resource management order under Part 4.8 of the Water Act 2014".

53.5 In sections 80(2)(e), 81(2)(e), 85(1) and 85(4), for "Water Act 1989" substitute "Water Act 2014".

53.6 In section 85(2), for "section 8(1) of the Water Act 1989" substitute "section 40(1) of the Water Act 2014".


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54 Transfer of Land Act 1958

54.1 In section 42(2)(f), for "section 158 of the Water Act 1989" substitute "section 416 of the Water Act 2014".

55 Transport (Compliance and Miscellaneous) Act 1983

55.1 In section 84(b), in paragraph (k) of the definition of specified person, for "section 137A(4) of the Water Act 1989" substitute "the Water Act 2014"

56.2 In section 230G, in the definition of relevant rail protection law, for paragraph (d) substitute—

"(d) section 388(1) or 389(1) of the Water Act 2014.".

56.3 In section 230G, in the definition of relevant rail safety duty law, for paragraph (d) substitute—

"(d) section 387(1) or (2) of the Water Act 2014.".

56 Transport (Safety Schemes Compliance and Enforcement) Act 2014

56.1 In section 2(1), in the definition of transport safety or infrastructure law, for paragraph (j) substitute—

"(j) section 387, 388 or 389 of the Water Act 2014; or".

56.2 In section 130(2), in the definition of relevant rail safety duty law, for paragraph (d) substitute—

"(d) section 387(1) or (2) of the Water Act 2014.".


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57 Transport Integration Act 2010

57.1 In section 3—

(a) in the definition of interface body, in paragraph (i) omit ", Part 4 of the Water Industry Act 1994"; and

(b) in the definition of interface legislation, paragraph (m) is repealed.

58 Treasury Corporation of Victoria Act 1992

58.1 In section 36A, in the definition of public authority omit ", a company licensee within the meaning of Part 5 of the Water Industry Act 1994".

58.2 In Schedule 1, for "Melbourne Water Corporation Act 1992 and Melbourne and Metropolitan Board of Works Act 1958" substitute "Water Act 2014".

59 Valuation of Land Act 1960

59.1 In section 2(1), in the definition of rating authority—

(a) in paragraph (b), for "Water Act 1989" substitute "Water Act 2014"; and

(b) paragraph (d) is repealed; and

(c) in paragraph (e), for "139 of the Water Industry Act 1994" substitute "Division 3 of Part 4 of the Conservation, Forests and Lands Act 1987".

60 Victorian Civil and Administrative Tribunal Act 1998

60.1 In section 52(4) in the definition of planning enactment, for paragraph (i) substitute—


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"(i) Water Act 2014 (except Part 11.3).".

60.2 In clause 2 of Schedule 1, in the definition of planning enactment, for paragraph (i) substitute—

"(i) Water Act 2014 (except Part 11.3 and section 834);".

61 Victorian Environmental Assessment Council Act 2001

61.1 In section 3, in the definition of public land, for paragraph (e)(ii) substitute—

"(ii) a water corporation within the meaning of the Water Act 2014, to the extent that the land vested in the water corporation is within its sewerage district.".

62 Victorian Plantations Corporation Act 1993

62.1 In sections 9(2)(b) and 27E(1), for "Water Act 1989" substitute "Water Act 2014".

63 Wildlife Act 1975

63.1 In sections 21(1A) and (2), 32(2), 33(2) and 34(2), for "Water Act 1989" substitute "Water Act 2014".

63.2 In section 21AAA(4) in the definition of—





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64 Workplace Injury Rehabilitation and Compensation Act 2013

64.1 In section 372, in paragraph (c) of the definition of local government corporation, for "Water Act 1989 the members of which must include a Councillor of a Council within the meaning of the Local Government Act 1989 " substitute "Water Act 2014".

__________________


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DICTIONARYSection 3

access agreement means an agreement under section 756 that is recorded in the register under the Transfer of Land Act 1958;

acting Commissioner, in relation to the Water Holder, means a person appointed to act as a Commissioner under section 315;

activities licence means a licence issued under section 527 that authorises any of the activities set out in section 524;

allocation statement means an allocation statement under section 251 or 300, as amended;

allowable plantation area—see section 67(4);

analyst means an analyst approved by an Authority to carry out analyses on behalf of the Authority for the purposes of this Act;

applicable interstate agreement means—

(a) if an agreement entered into under section 33AE of the old Act is in effect, that agreement;

(b) if an agreement entered into under Subdivision 1 of Division 6 of Part 4.4 is in effect, that agreement;

applicable notification requirements—see section 827;

approved form, in Part 14.5, means a form approved by a recording body;

approved offset area means an area of land approved under Division 9 of Part 4.5;

DictionaryPart 1.3—Application

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aquifer means any geological structure or formation, or artificial landfill, that is underground and permeated, or capable of being permeated, permanently or intermittently with water;

authorised, in relation to any act, means authorised (whether generally or specifically) by this or any other Act or by a licence, permit or other authority granted under this or any other Act;

authorised person means a person authorised in writing by an Authority for the purpose of assisting it in performing its functions or duties or exercising its powers;

authorised water officer means a person appointed as an authorised water officer under section 790;

Authority—

(a) for Division 2 of Part 9.2—see section 630;

(b) in any other provision of this Act, means a water corporation or a catchment management authority;

average annual offset amount—see section 164;

Basin Plan—see section 217;

Basin Plan order—see section 217;

Basin water charge means a regulated charge for a service in relation to Basin water resources provided by an Authority;

Basin water resources has the same meaning as State water resources has in the Water Charge (Infrastructure) Rules 2010 of the Commonwealth in relation to Victoria;


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biosolids means stabilised organic solids derived from the treatment of sewage or trade waste;

Border Groundwaters Agreement means the Agreement as defined by section 4(a) of the Groundwater (Border Agreement) Act 1985;

bore means any bore, well or excavation or any artificially constructed or improved underground cavity—

(a) used for the interception, collection, storage or extraction of groundwater; or

(b) used for groundwater observation or the collection of data concerning groundwater; or

(c) used for the drainage or desalination of any land; or

(d) in the case of a bore that does not form part of a septic tank system, used for the disposal of any matter below the surface of the ground; or

(e) used for the recharge of an aquifer—

but does not include a bore that is used solely for any other purpose;

building includes a houseboat;Note

See section 728 for the meaning of building in Part 12.2.

building line means a building line that is declared by an Authority under section 500;

bulk entitlement means an entitlement issued under Division 2 of Part 4.3;

bulk entitlement holder means a person issued a bulk entitlement;


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business day, in relation to an Authority, means a day that is not—

(a) a Saturday or a Sunday; or

(b) a day that is appointed as a public holiday or public half-holiday under the Public Holidays Act 1993 in the place where the principal office of the Authority is situated;

caravan park—see section 642;

carry out work, for Part 12.2—see section 728;

catchment management authority means an Authority within the meaning of the Catchment and Land Protection Act 1994;

central plan office means the Central Plan Office of the Department of Transport, Planning and Local Infrastructure;

Chairperson, in relation to the Water Holder, means the Commissioner appointed as the Chairperson of the Water Holder under section 312;

Chapter 8 authority—see section 605;

closed catchment means an area of land that—

(a) catches rainfall and diverts it to a dam for use by a water corporation in connection with a water supply function; and

(b) is closed to entry by the public by, for example, a locked gate, fencing or other barrier; and

(c) has a sign at each entry to the area indicating that it is closed to public access;


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Commissioner, in relation to the Water Holder, means a person appointed as a Commissioner under section 312;

committee—see section 766;

common property—see section 645;

Commonwealth Environmental Water Holder means the Commonwealth Environmental Water Holder established under section 104 of the Water Act 2007 of the Commonwealth;

community agreement—see section 766;

concession order—see section 605;

conditions determination means a determination of a water corporation under section 448;

coordinating road authority has the same meaning as in the Road Management Act 2004;

core considerations—see section 5;

Council has the same meaning as in the Local Government Act 1989;

cultural, in the context of cultural values, matters or impacts, includes Aboriginal culture;

dam means infrastructure constructed for the purpose of collecting or storing water but does not include—

(a) a channel, drain or pipe; or

(b) a bore; or

(c) a levee;

declared forest plantation area means an area specified under a water resource management order as a declared forest plantation area;


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declared goods and services means goods and services declared to be declared goods and services by a water industry regulatory order;

declared public statutory body means a public statutory body declared by order under section 824 to be a declared public statutory body;

declared water system means a water system that has, under a declaration under section 822(1), become a declared water system;

delivery determination—see section 444;

Department means the Department of Environment and Primary Industries;Note

See section 874.

Department Head means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;

Deputy Chairperson, in relation to the Water Holder, means the Commissioner appointed as the Deputy Chairperson of the Water Holder under section 312;

designated infrastructure—see section 509(2) and (3);

designated land—see section 509(1);

determining Authority—see section 236;

direction, for Part 7.4—see section 425;


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director, in relation to a water corporation, means a member of the board of directors of the water corporation;

domestic and stock use, in relation to water—

(a) means reasonable use for—

(i) household purposes; or

(ii) watering of animals kept as pets; or

(iii) watering of cattle or other stock; or

(iv) watering an area, not exceeding 1·2 hectares, around a house;

(b) does not include use for—

(i) dairies, piggeries, feed lots, poultry, aquaculture or any other intensive or commercial use; or

(ii) watering commercial plantings; or

(iii) a purpose covered by paragraph (a)(iii) and (iv) of an amount of water above that prescribed for a use for that purpose;

domestic partner of a person means a person who is in a registered domestic relationship, or a registrable domestic relationship, with the person;

draft order notice—see section 229;

driller's licence means a licence issued under section 581;

drinking water has the same meaning as in the Safe Drinking Water Act 2003;

electricity generation company means a generation company within the meaning of


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the Electricity Industry Act 2000;

emergency means an emergency due to the actual or imminent occurrence of an event that in any way—

(a) endangers, or threatens to endanger, the safety or health of any person in Victoria; or

(b) destroys or damages, or threatens to destroy or damage, any property in Victoria; or

(c) endangers, or threatens to endanger, the environment or an element of the environment in Victoria;

emergency management plan—see section 420;

environment Minister means the Minister administering the Environment Protection Act 1970;

Environment Protection Authority means the Environment Protection Authority established by the Environment Protection Act 1970;

environmental contribution means an amount payable by a water corporation under section 686;

environmental contribution order means an order made under section 688;

environmental water means—

(a) held environmental water; or

(b) planned environmental water;

ESC means Essential Services Commission established under the Essential Services Commission Act 2001;


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ESC code means a code made by the Essential Services Commission under section 710(1);

farming operation means any of the following activities undertaken for commercial gain—

(a) agricultural, pastoral, horticultural or apicultural activities;

(b) poultry farming, dairy farming or any business that consists of the cultivation of soils, the gathering of crops or the rearing of livestock;

(c) any prescribed activities;

financial accommodation includes—

(a) a loan; and

(b) an overdraft; and

(c) non-conventional forms of financial funding;

financial year, in relation to an Authority or the Water Holder, means the year ending 30 June, unless the Minister determines otherwise in a particular case;

flood level means a flood level that is declared by an Authority under section 500;

flow, in relation to water, includes discharge, release, escape, percolation, seepage and passage, and includes both surface and underground flow;

forest plantation means an area of land on which perennial woody plants are planted—


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(a) primarily for commercial purposes (other than the production of food); or

(b) for another purpose that is prescribed and at a density or with species of plant or a combination of both that is prescribed;

forest plantation manager—see section 67(4);

former transferor instrument—see clause 1 of Schedule 4;

former transferor property—see clause 1 of Schedule 4;

gift disclosure threshold means $500 or a higher amount or value prescribed by the regulations;

government department has the same meaning as Department has in the Public Administration Act 2004;

groundwater means any water occurring in, or obtained from, an aquifer and includes any matter dissolved or suspended in any such water;

group member, in relation to a community agreement—see section 766;

held environmental water means water available for environmental purposes under any of the following held by the Water Holder—

(a) a water share; or

(b) a take and use licence; or

(c) a bulk entitlement; or

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between the Water Holder and any other person;Note

Water made available to the Water Holder for use in Victoria from the Commonwealth environmental water holdings (as defined by section 108 of the Water Act 2007 of the Commonwealth) is held environmental water.

houseboat means a boat, vessel or pontoon that has a fixed house above the deck and accommodation that may be used by a person for an overnight period or longer;

houseboat licence means a licence issued under section 347;

infrastructure includes—

(a) reservoirs, dams, weirs, bores, channels, levees, bridges, culverts, sewers, drains, pipes, conduits, fire plugs, meters, machinery, fencing, equipment and apparatus; and

(b) any thing constructed or installed for the purpose of, or which may result in—




(iv) the prevention or minimising of erosion of a waterway;

instrument—see clause 1 of Schedule 4;

intended application—see section 158;

interstate water rights holder—see section 118;


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irrigation means the application of water to land—

(a) for the purpose of watering plants (other than in connection with domestic and stock use, plant nursery use or other prescribed uses); or

(b) for any other prescribed agricultural purposes;

irrigation district—see section 336;

irrigation period means a period fixed under section 443;

land—see section 379;Note

See section 728 for the meaning of land in Part 12.2.

land affected by an owners corporation, for Subdivision 3 of Division 3 of Part 9.2—see section 645;

land manger, for Part 8.4—see section 557;

levee—(a) for Part 8.4—see section 557;(b) in any other provision of this Act,

means a structure (whether or not on a waterway) constructed or installed for the purpose of, or which may result in, the obstruction or deflection of the flow of water over the surface of land;

levee maintenance permit means a permit issued under section 561;

liabilities, in relation to an allocation statement, means all liabilities, duties and obligations, whether actual, contingent or prospective;

licence means—


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(a) a take and use licence; or

(b) a water use licence; or

(c) a works licence; or

(d) an activities licence; or

(e) a driller's licence;

licence holder means a person to whom a licence is issued;

limited term transfer—see section 106(1);

lot, for Subdivision 3 of Division 3 of Part 9.2—see section 645;

lot affected by an owners corporation—see section 645;

lot liability—see section 645;

maintenance, for Part 8.4—see section 557;

major infrastructure, in relation to an Authority or a public land manager, means—

(a) a dam that is on a waterway; or

(b) a specified dam that is not on a waterway; or

(c) any other infrastructure that is prescribed to be major infrastructure;

managing director, in relation to a water corporation, means the managing director of the water corporation appointed under section 263;

Melbourne Water Corporation means the water corporation known as Melbourne Water Corporation;

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Corporation or Yarra Valley Water Corporation;

minor amendment order—see section 217;

Murray-Darling Basin Agreement means the Murray-Darling Basin Agreement, as amended from time to time in accordance with that Agreement, and as set out in Schedule 1 to the Water Act 2007 of the Commonwealth;

natural resource agreement has the same meaning as in the Traditional Owner Settlement Act 2010;

new Act—see clause 1 of Schedule 7;

new registration licence means a licence issued under clause 2(4)(b) or 3(4) of Schedule 2;

nominated employee means an employee of a water corporation who is nominated by the water corporation under clause 2(3) of Schedule 5;

non-road infrastructure has the same meaning as in the Road Management Act 2004;

occupier—

(a) in relation to a bore that is being constructed or altered, means the holder of a works licence in respect of the bore; and

(b) in relation to any other bore, means—

(i) the holder of a take and use licence issued in respect of the bore; or

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accordance with an approval given under section 573 on an application under section 572; or

(iii) if there is no such licence holder or person, the occupier of the land on which the bore is situated; and

(c) for Part 4.7—see section 206;

officer—see Part 12.2;

offset area approval means a decision of the Minister under Division 9 of Part 4.5 approving an area of land as an approved offset area;

old Act—see clause 1 of Schedule 7;

ordinary functions, in relation to an Authority, means any function that the Authority performs under this Act other than under section 373, 374 or 424;

owners corporation—see section 645;

panel, for Part 7.4—see section 425;

Part 4A site—see section 642;

pasture and cropping land—see section 67(4);

permanent water saving prohibition means a prohibition on the use of water (supplied to a serviced property) that is prescribed;

permit holder means a person to whom a levee maintenance permit is issued;

person means—

(a) in Chapter 2, 3, 4 or 8, Part 14.5 or Schedule 1 or 2, an individual or a body corporate;

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(incorporated or unincorporated), a body corporate or a partnership;

planned environmental water means water (other than held environmental water) committed to be used for, or preserved for, environmental purposes under a written agreement or an instrument made under this Act;

police officer means a member of the force within the meaning of the Victoria Police Act 2013;

pollute water—see section 716(9);

pre-assessment advice—see Division 8 of Part 4.5;

prescribed goods and services means goods or services prescribed to be prescribed goods and services by a water industry regulatory order;

prescribed price has the meaning given by section 32(2) of the Essential Services Commission Act 2001;

price determination means a price determination made by the ESC under—

(a) a water industry regulatory order; and

(b) section 33 of the Essential Services Commission Act 2001;

private dam means a dam other than one that—

(a) is owned or operated by an Authority or any other public statutory body; or

(b) is on public land and under the management and control of the public land manager; or

(c) only collects or stores water—


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(i) taken from a waterway or an aquifer; or

(ii) taken from, or supplied or delivered by, the infrastructure of an Authority or a Council; or

(iii) for re-use that meets the prescribed requirements (if any); or

(iv) from both sources referred to in subparagraphs (i) and (ii);

private land means all land, including land owned by a public statutory body, that is not public land;

property, in relation to an allocation statement, means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

proposal notice—see section 217;

public entity has the same meaning as in the Public Administration Act 2004;

public land means—

(a) land under the Crown Land (Reserves) Act 1978, other than land under the Alpine Resorts Act 1983; or

(b) land in any park within the meaning of the National Parks Act 1975 or any land that is described in Schedule Four to that Act; or

(c) reserved forest within the meaning of the Forests Act 1958; or

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(e) land in any Nature Reserve or State Wildlife Reserve, within the meaning of the Wildlife Act 1975, other than land in a State Game Reserve (within the meaning of that Act);

public land manager, in relation to public land on which (as the case requires) a dam or other major infrastructure is or is to be situated, means—

(a) the Secretary if the Secretary has management and control of the land; or

(b) any other person who has management and control of the land and is prescribed for the purposes of this paragraph;

public statutory body includes a Council;

publicly available, in relation to information or a document, means—

(a) for the Minister or a Department—

(i) available for inspection, during business hours, free of charge at the office of the Department Head; and

(ii) available on the Department's internet site;

(b) for an Authority—

(i) available for inspection, during business hours, free of charge at the office of the Authority; and

(ii) available on the Authority's internet site;

publish, for Part 4.8—see section 217;


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qualify, in relation to a right to water, includes suspend, reduce, increase and otherwise alter;

rail body—see section 390;

rail infrastructure means rail infrastructure within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria);

rail transport operator means a rail transport operator within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria);

railway operations means railway operations within the meaning of the Rail Safety (Local Operations) Act 2006 or the Rail Safety National Law (Victoria);

RAN provision means a provision prescribed for the purposes of this definition;

rateable land has the same meaning as in the Local Government Act 1989;

reconfiguration plan—see section 427;

recorded mortgage, in relation to a water share, means a mortgage recorded under section 845;

recording body, in relation to a matter in the water register, means the body responsible under the regulations for maintaining in the water register records and information relating to that matter;

recoverable work—see section 691;

recreational area means a recreational area established under section 341;


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recycled water means water derived from sewage or trade waste that has been treated for the purposes of re-use;

regional resource assessment means an assessment of the water resources of a region conducted under Part 2.3;

registered domestic relationship has the same meaning as in the Relationships Act 2008;

registrable domestic relationship has the same meaning as in the Relationships Act 2008;

Registrar means the person employed under section 838(1) to be the Registrar of the water register;

registration licence means—

(a) a registration licence within the meaning of the Water Act 1989 (as in force immediately before the repeal day) that is continued in effect on after the repeal day under clause 53 of Schedule 7; or

(b) a new registration licence;

regulated charge has the same meaning as in the Water Charge (Infrastructure) Rules 2010 of the Commonwealth;

regulated entity means a water corporation;

regulated water industry means the water industry as constituted by the water corporations;

relative, in relation to a natural person, means a person who is—


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(a) a child or remoter lineal descendant of the person or of the spouse or domestic partner of the person; or

(b) a parent or remoter lineal ancestor of the person or of the spouse or domestic partner of the person; or

(c) a brother or sister of the person or of the spouse or domestic partner of the person; or

(d) the spouse or domestic partner of the person or a spouse or domestic partner of any person referred to in paragraph (a), (b) or (c); or

(e) a child of a brother or sister of the person or of the spouse or domestic partner of the person; or

(f) a brother or sister of a parent of the person or of a parent of the spouse or domestic partner of the person;

relevant date, in relation to an allocation statement or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister for the purposes of that statement;

relevant person—see clause 1 of Schedule 5;

relevant water system—see section 236;

reliability contribution charge—see section 620;

remedial action notice means a notice served under section 784;

repeal day—see clause 1 of Schedule 7;

required work notice—see section 364(1);

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residential land—see section 728;

responsible road authority has the same meaning as in the Road Management Act 2004;

return period, in relation to the ordinary return of a Commissioner under Part 5.3, means—

(a) if the last return of the Commissioner was a primary return, the period between the date of the primary return and the next 30 June; or

(b) if the last return of the Commissioner was an ordinary return, the period between the date of the ordinary return and the next 30 June;

right to water—see section 58;

rights, in relation to an allocation statement, means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

road has the same meaning as in the Road Management Act 2004;

road reserve has the same meaning as in the Road Management Act 2004;

seasonal determination means a determination made under section 237 or 238;

seasonal watering plan means a plan made under section 330;

seasonal watering statement means a statement issued under section 331;

Secretary means the body corporate established by section 6 of the Conservation, Forests and Lands Act 1987;

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treatment of sewage, and includes all tanks, beds, sanitary drains, pipes, fittings, appliances and land used in connection with the system;

serviced property—

(a) for Division 2 of Part 7.5—see section 439;

(b) in any other provision of this Act, means land that has been declared to be a serviced property under section 354 or taken to be a serviced property under section 355;

sewage means any human excreta or domestic waterborne waste, whether untreated or partially treated, but does not include trade waste;

sewage disposal charge—see section 605;

sewer means any pipe, channel, tunnel or other conduit which is constructed, installed or provided for the conveyance of sewage or trade waste and is vested in or owned by an Authority or a Council;

sewerage district—see section 336;

shares includes stock;

site, for Subdivision 2 of Division 3 of Part 9.2—see section 642;

site tenant—see section 642;

small farm body corporate means a body corporate that is solely or principally engaged in a farming operation (including a body corporate that owns or occupies land cultivated under a share-farming agreement) and that satisfies at least 2 of the following criteria—


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(a) its gross operating revenue for the last financial year before the date of the offence was less than $3 000 000;

(b) the value of its gross assets as at the end of the last financial year before the date of the offence was less than $5 000 000;

(c) as at the end of the last financial year before the date of the offence it had—

(i) fewer than 10 employees (including any director or member employees); or

(ii) in the case of a body corporate established by or for the purposes of a community agreement for the purpose of Part 12.4, 4 members or less;

special allocation determination means a determination made under section 239;

specified Crown land—see section 557;

specified dam means a dam that—

(a) has a wall that is 5 metres or more high above ground level at the downstream end of the dam and a capacity of 50 megalitres or more; or

(b) has a wall that is 10 metres or more high above ground level at the downstream end of the dam and a capacity of 20 megalitres or more; or

(c) has a wall that is 15 metres or more high above ground level at the


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downstream end of the dam, regardless of the capacity; or

(d) belongs to a prescribed class of dam;

specified forest plantation—see section 164;

specified infrastructure—see section 728;

specified stormwater area means the area constituted by a municipal district of a Council or a part of a municipal district of a Council specified under a water resource management order as a specified stormwater area;

standing direction—see section 107(1);

State monitoring station means—

(a) any infrastructure constructed or installed on behalf of the Minister to monitor and measure surface water flows, levels and quality for the purposes of a water resources assessment program under Part 2.2; or

(b) a State observation bore;

State observation bore means a bore constructed at any time on behalf of the Minister and used, or intended to be used, to monitor the level, quantity or quality of groundwater;

statutory water rights holder—see section 605;

stormwater infrastructure means infrastructure constructed or installed to collect or transport water run-off that is—

(a) owned by a water corporation and used to collect or transport water in or from an urban area; or

(b) vested in a Council under section 198 of the Local Government Act 1989 or


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otherwise owned by it;

strategic review means a strategic review conducted under Part 2.4;

subdivision, for Subdivision 3 of Division 3 of Part 9.2—see section 645;

system allocation determination means—

(a) a seasonal determination; or

(b) a special allocation determination;

take and use licence means a licence issued under Division 2 of Part 4.5;

take water from includes—

(a) in relation to a waterway—

(i) stopping, impeding or diverting the flow of water in the waterway; and

(ii) using any flows in the waterway; and

(b) in relation to an aquifer—

(i) stopping, impeding or diverting the flow of groundwater in the aquifer; and

(ii) collecting groundwater in or from the aquifer; and

(c) in relation to a dam, collecting or storing water by means of the dam;

targeted review means a targeted review of a water system conducted under Part 3.5;

targeted review order—see section 217;

temporary drainage infrastructure—see section 728;

temporary levee—see section 728;


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tenancy agreement, for Subdivision 2 of Division 3 of Part 9.2—see section 642;

tenant, for Subdivision 2 of Division 3 of Part 9.2—see section 642;

trade waste means any matter (including sewage) that is prescribed to be trade waste;

trading rules order—see section 217;

traditional owner group, in relation to an area of land, has the same meaning as in the Traditional Owner Settlement Act 2010;

traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010;

transferee, in relation to an allocation statement, means a person to whom property is, or rights or liabilities are, allocated under the statement;

transferor, in relation to an allocation statement, means a person from whom property is, or rights or liabilities are, transferred under the statement;

urban area means an area declared under section 823;

utility—see section 390;

vacating occupier—see section 605;

valuation equalisation factor—see section 605;

water means water, whether or not it contains impurities;

water allocation—


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(a) for a bulk entitlement—see section 45(4);

(b) for a water share—see section 46(4);

water corporation means a water corporation established, or taken to be established, under Part 5.2;

water entitlement means—

(a) a bulk entitlement; or

(b) a take and use licence; or

(c) a water share; or

(d) a water use licence; or

(e) a water use registration;

water entitlement holder means a person issued or granted a water entitlement;

Water Holder means the Victorian Environmental Water Holder continued under section 304;

water industry regulatory order means an order under section 706 that is in effect;

water infringement offence means an offence against this Act or the regulations that is prescribed for the purposes of section 787(1);

water register means the Victorian water register that continues to be established under Part 14.5;

water resource management order—see section 219;

water resource management order proposal—see section 217;

water season means any period of 12 months beginning on 1 July in any year and ending on 30 June in the following year;


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water share means a water share issued under Division 2 or 6 of Part 4.4;

water shortage derogation order—see section 218;

water source means—

(a) a waterway; or

(b) an aquifer; or

(c) a spring or soak;

water supply catchment area means land declared under section 461 to be a water supply catchment area;

water supply catchment area plan—see section 462;

water supply district—see section 336;

water supply restriction means a restriction on the use of water (supplied to a serviced property) that is prescribed;

water system means—

(a) a water source; or

(b) a water source and associated infrastructure;

water usage charge—see section 605;

water use licence means a licence issued under Division 2 of Part 4.6;

water use objective means an objective determined by the Minister under Division 3 of Part 4.6;

water use registration means a registration granted under Part 4.7;

waterway means—


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(a) a river, creek, stream, natural channel or other watercourse in which water regularly flows, whether continuously or intermittently; orNote

See section 385 of the Land Act 1958 which makes the beds and banks of certain watercourses the property of the Crown.

(b) a channel formed wholly or partly by the alteration or relocation of a waterway as described in paragraph (a); or

(c) a lake, lagoon, swamp or marsh, being—

(i) a natural collection of water (other than water collected and contained in a private dam or a natural depression on private land) into or through or out of which a current passes continuously or intermittently; or

(ii) a collection of water that the Minister declares under section 821 to be a lake, lagoon, swamp or marsh; or

(d) land on which, as a result of infrastructure constructed or installed on a waterway as described in paragraph (a) or (b), water collects regularly, whether continuously or intermittently; or

(e) land which is regularly covered by water from a waterway as described in paragraph (a), (b), (c) or (d) but does not include any artificial channel or


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work which diverts water away from such a waterway; or

(f) if any land described in paragraph (e) forms part of a slope rising from the waterway to a definite lip, the land up to that lip;

waterway management district—see section 336;

whole of water cycle management planning framework means a whole of water cycle management planning framework prepared for an area under Part 2.5;

works contractor means a person engaged directly or indirectly by an Authority to carry out work on behalf of the Authority, and includes a sub-contractor;

works licence means a licence issued under section 527 that authorises any of the activities set out in section 523.═══════════════


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ENDNOTES

By Authority. Government Printer for the State of Victoria.

Endnotes

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