water legislation amendment act 2013 - victorian ...file/13-024a.docx · web viewwater legislation...

Water Legislation Amendment Act 2013 No. 24 of 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—AMENDMENT OF WATER ACT 1989 3

3 Definitions 34 Role of Minister 35 Management plan 36 Definition of right to water 47 Offence to give a transfer or assignment without Ministerial

approval 48 Ministerial approval of transfer or assignment 49 Further assignment of water allocation 410 Rule making powers for bulk entitlements 511 New sections 51AA and 51AB inserted 5

51AA Amendment of original registration licences and issue of new registration licences in certain circumstances 5

51AB Issue of new registration licences in certain circumstances 7

12 Conditions of licence 913 Amendment of licence issued under section 51(1), or

registration licence, on motion of Minister 914 Amendment of licence issued under section 51(1), or

registration licence, on application of licence holder 1015 Procedure applying to application 1016 Ministerial consideration of application 1017 Revocation of licence 1018 Surrender of licence 1019 Transfer of licence to take and use water 1120 Declaration for taking of water under a licence in subsequent

water season 1121 Transfer of licence to construct works etc. 1122 Responsibilities for water register 1123 What is recorded in the water register about works licences? 12

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24 New section 84VA inserted 1384VA What is recorded in the water register about licences

to take and use water? 1325 What must an Authority record in the part of the water register

for which it is responsible? 1426 New section 84WA inserted 14

84WA What must a Rural Water Authority record in the part of the water register for which it is responsible? 14

27 What information is available from the water register? 1528 Authority may reduce, restrict or discontinue water supply 1529 Water meters 1630 Serviced properties 1631 Control over connections 1632 New section 161BA inserted 18

161BA Reconfiguration plans 1833 Adoption of reconfiguration plans by Authority 1834 Authority may reduce, restrict or discontinue delivery of water 1835 Liability of owners corporation or lot owners for fees for

services supplied to subdivision 1836 Interest on unpaid money 1937 Prosecutions 2038 Issues of evidence and proof 2039 Recording mortgages of water shares 2040 Continuing operation of registration licences 20

PART 3—AMENDMENT OF WATER INDUSTRY ACT 1994 21

41 Codes 21

PART 4—REPEAL OF AMENDING ACT 22

42 Repeal of amending Act 22═══════════════

ENDNOTES 23

Water Legislation Amendment Act 2013†

No. 24 of 2013

[Assented to 23 April 2013]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The purposes of this Act are—

(a) to amend the Water Act 1989 in relation to—

(i) meters on land; and

(ii) licences to take and use water and licences to construct works; and

Victoria

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(iii) the transfer of water shares by mortgagees; and

(iv) the information that must be recorded in the water register; and

(v) the appointment of persons who may bring proceedings for offences against the Act; and

(vi) reconfiguration plans; and

(vii) other minor amendments; and

(b) to amend the Water Industry Act 1994 in relation to the Codes that may be made by the Essential Services Commission.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 December 2013, it comes into operation on that day.

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s. 2 Section Page

2

PART 2—AMENDMENT OF WATER ACT 1989

3 Definitionss. 3

See:Act No.80/1989.Reprint No. 10as at1 January 2011and amendingAct Nos 50/2010, 29/2011, 50/2011, 63/2011 and 17/2012.LawToday:www.legislation.vic.gov.au

(1) In section 3(1) of the Water Act 1989, the definition of mineral water is repealed.

(2) In section 3(1) of the Water Act 1989, in the definition of registration licence, for "51(1A)" substitute "51(1A), 51AA or 51AB".

4 Role of Minister

In section 22(3)(b) of the Water Act 1989, for "section 51" substitute "section 51(1) or a registration licence".

5 Management plan

(1) In section 32A(3)(c)(i) of the Water Act 1989, for "section 51" substitute "section 51(1) or under a registration licence".

(2) In section 32A(3)(k) of the Water Act 1989, for "section 51" substitute "section 51(1), or registration licences,".

Part 4—Repeal of Amending Act

Water Legislation Amendment Act 2013No. 24 of 2013

3

(3) In section 32A(12) of the Water Act 1989, for "a licence issued under section 51 or 67 is to be subject, every licence issued" substitute "a registration licence or a licence issued under section 51(1) or 67 is to be subject, every registration licence or licence issued".

6 Definition of right to water

In section 33 of the Water Act 1989, in paragraph (d) of the definition of right to water, for "section 51" substitute "section 51(1) or any registration licence".

7 Offence to give a transfer or assignment without Ministerial approval

After section 33W(1)(a) of the Water Act 1989 insert—

"(ab) transfer ownership of a water share that is subject to a mortgage recorded under clause 1 of Schedule 12A; or".

8 Ministerial approval of transfer or assignment

After section 33X(1)(a) of the Water Act 1989 insert—

"(ab) the transfer of ownership of a water share that is subject to a mortgage recorded under clause 1 of Schedule 12A; or".

9 Further assignment of water allocation

(1) After section 46A(1) of the Water Act 1989 insert—

"(1A) A person must not assign a water allocation under subsection (1) unless the person has first obtained the approval of—

(a) the Minister; and

s. 6Part 4—Repeal of Amending Act


4

(b) where the case so requires, any Authority whose works will be used to deliver the water.".

(2) In section 46A(2) of the Water Act 1989, for "take and use" substitute "take and, subject to any other requirements of this Act, use".

10 Rule making powers for bulk entitlements

(1) For section 47E(1)(a) of the Water Act 1989 substitute—

"(a) with respect to adjustment of volumes to be applied to permanent transfers of bulk entitlements under this Division or assignments under sections 46 and 46A; and".

(2) In section 47E(1)(b), (c) and (d) of the Water Act 1989, after "transfers" insert "or assignments".

11 New sections 51AA and 51AB inserted

After section 51 of the Water Act 1989 insert—

"51AA Amendment of original registration licences and issue of new registration licences in certain circumstances

(1) This section applies despite anything to the contrary in section 51.

(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



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immediately before its amendment under this section; and

(b) the issue of a licence to take and use water from each other spring, soak or dam from which water was authorised to be taken and used under the original registration licence immediately before its amendment under this section.

(3) An application under this section 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 section, 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 licence to take and use water from each other spring, soak or dam from which the holder of the original licence was authorised to take and use water under the original registration licence.

(5) The Minister, in amending an original registration licence under subsection (4)(a), must reduce the volume 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 licence issued under this section.

(6) Subject to subsection (8), an original registration licence that is amended under subsection (4)(a) continues to be subject to



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any condition to which the licence was subject immediately before the licence was amended.

(7) A licence issued under this section—

(a) must not authorise the taking and use of water from more than one spring, soak or dam; and

(b) subject to subsection (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 subsection (6) or (7)(b) to the extent necessary to reflect the amendment of the original registration licence and the issue of every licence under this section.

(9) In this section, original registration licence means a registration licence issued under section 51(1A) that authorises water to be taken and used from more than one spring, soak or dam.

51AB Issue of new registration licences in certain circumstances

(1) This section applies despite anything to the contrary in section 51.

(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 licence to take and use water from each spring, soak or dam on that part or parcel of land from which water



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was authorised to be taken and used under the original registration licence.

(3) An application under subsection (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 section, the Minister may issue a licence to take and use water from each spring, soak or dam specified in the application if the Minister is satisfied that—

(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 section 51A.

(5) Before issuing a licence under this section, 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 licence under this section, 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



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specified in a licence issued under this section; 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 licence under this section.

(7) The Minister, in amending an original registration licence under subsection (6)(a), must reduce the volume 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 licence issued under this section.

(8) A licence issued under this section—

(a) must not authorise the taking and use of water from more than one spring, soak or dam; and

(b) subject to subsection (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 subsection (8)(b) to the extent necessary to reflect the amendment of the original registration licence and the issue of every licence under this section.

(10) In this section, original registration licence has the same meaning as in section 51AA.".

12 Conditions of licence

(1) In section 56(1)(a)(xiii) and (3A) of the Water Act 1989, for "licence issued under section 51(1A)" substitute "registration licence".



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(2) Section 56(1)(b) of the Water Act 1989 is repealed.

13 Amendment of licence issued under section 51(1), or registration licence, on motion of Minister

(1) In the heading to section 59 of the Water Act 1989, for "section 51" substitute "section 51(1), or a registration licence,".

(2) In section 59(1) of the Water Act 1989, for "section 51 to take and use water" substitute "section 51(1), or a registration licence,".

14 Amendment of licence issued under section 51(1), or registration licence, on application of licence holder

(1) In the heading to section 59A of the Water Act 1989, for "section 51" substitute "section 51(1), or a registration licence,".

(2) In section 59A(1) of the Water Act 1989, for "section 51," substitute "section 51(1), or a registration licence,".

(3) In section 59A(2) of the Water Act 1989, for "section 51" substitute "section 51(1), or a registration licence,".

15 Procedure applying to application

In section 59B of the Water Act 1989, for "section 51 applies" substitute "section 51(1) or for a registration licence applies".

16 Ministerial consideration of application

In section 59C of the Water Act 1989, after "section 59A" insert "that relates to a licence issued under section 51(1)".

17 Revocation of licence

In section 60(1) of the Water Act 1989, for "section 51" substitute "section 51(1), or a registration licence,".



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18 Surrender of licence

In section 61(1) of the Water Act 1989, for "section 51" substitute "section 51(1) or a registration licence".

19 Transfer of licence to take and use water

(1) In section 62(2AA) of the Water Act 1989, after "title" insert "to the owner".

(2) After section 62(5) of the Water Act 1989 insert—

"(5A) Subsection (5) does not apply if the application is for approval of a permanent transfer of a licence to a successor in title to the owner of the land to which the licence relates.".

20 Declaration for taking of water under a licence in subsequent water season

In section 62A(1) of the Water Act 1989, for "section 51" substitute "section 51(1), or registration licences,".

21 Transfer of licence to construct works etc.

After section 74(5) of the Water Act 1989 insert—

"(5A) Subsection (5) does not apply if the application is for approval of a permanent transfer of a licence to a successor in title to the owner of the land to which the licence relates.".

22 Responsibilities for water register

(1) In section 84C(2) of the Water Act 1989—

s. 14s. 19Part 4—Repeal of Amending Act


11

(a) in paragraph (f), for "67(1) where the licence relates to a declared water system." substitute "67(1); and";

(b) after paragraph (f) insert—

"(g) licences to take and use water issued under section 51(1) or registration licences.".

(2) For section 84C(3)(b) of the Water Act 1989 substitute—

"(b) the recording of any water allocation assignment in a water system for which that Authority is responsible for supplying water; and

(c) any consumption of allocated water in a water system for which that Authority is responsible for supplying water; and

(d) the recording of any temporary transfer under section 62 of a licence to take and use water issued under section 51(1); and

(e) the volume of water consumed under a licence to take and use water issued under section 51(1) or a registration licence; and

(f) if the Authority is a Rural Water Authority, any agreement to supply water (other than drinking water) entered into in accordance with section 124(7) by the Authority.".

(3) After section 84C(3) of the Water Act 1989 insert—

"(4) In this section—

drinking water has the same meaning as in the Safe Drinking Water Act 2003;

Rural Water Authority has the same meaning as in section 4A of the Water Industry Act 1994.".



12

23 What is recorded in the water register about works licences?

In section 84V of the Water Act 1989 omit "which relates to a declared water system".

24 New section 84VA inserted

After section 84V of the Water Act 1989 insert—

"84VA What is recorded in the water register about licences to take and use water?

The Minister must ensure that the following details are recorded in the water register in relation to licences to take and use water issued under section 51(1) or registration licences—

(a) the name and address of the holder of the licence;

(b) the volume of water the licence authorises the holder of the licence to take and use;

(c) a description of the land specified in the licence (if applicable);

(d) the conditions to which the licence is subject;

(e) the period that the licence is in force and the expiry date of the licence;

(f) the name of the waterway, aquifer or works from which the water may be taken and the water system (if applicable);

(g) the Authority to whom any fees are payable in relation to the licence;



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(h) any other information that the Minister considers necessary;

(i) any other prescribed matters.".

25 What must an Authority record in the part of the water register for which it is responsible?

For section 84W(b) of the Water Act 1989 substitute—

"(b) any water allocation assignment in a water system for which that Authority is responsible for supplying water; and

(ba) any consumption of allocated water in a water system for which that Authority is responsible for supplying water; and

(bb) any temporary transfer under section 62 of a licence to take and use water issued under section 51(1); and

(bc) the volume of water consumed under a licence to take and use water issued under section 51(1) or a registration licence; and".

26 New section 84WA inserted

After section 84W of the Water Act 1989 insert—

"84WA What must a Rural Water Authority record in the part of the water register for which it is responsible?

(1) In addition to the requirements set out in section 84W, a Rural Water Authority must record and maintain the following records and information relating to agreements to supply water (other than drinking water)



14

entered into by the Authority in accordance with section 124(7)—

(a) the name and address of each party to the agreement;

(b) the volume of water to be supplied or used (if applicable);

(c) a description of the land specified in the agreement (if applicable);

(d) the period that the agreement is in force and the expiry date of the agreement;

(e) the name of the works from which the water is supplied and the water system (if applicable);

(f) any other information that the Rural Water Authority considers necessary;

(g) any other prescribed matters;

(h) any other information that the Minister considers necessary to be recorded in the part of the water register for which a Rural Water Authority is responsible.

(2) In this section—

drinking water has the same meaning as in the Safe Drinking Water Act 2003;

Rural Water Authority has the same meaning as in section 4A of the Water Industry Act 1994.".

27 What information is available from the water register?

In section 84X(1)(a) of the Water Act 1989—

(a) after "84V" insert ", 84VA";

(b) after "84W(b)" insert ", 84W(ba), 84W(bc) or 84WA".



15

28 Authority may reduce, restrict or discontinue water supply

In section 141(1)(g) of the Water Act 1989, for "authorised officer" substitute "authorised water officer, or an officer of an Authority,".

29 Water meters

(1) In section 142(1)(a) of the of the Water Act 1989, for "supplied by the Authority to any land" substitute "delivered to the land by the Authority in the exercise of its water supply or delivery functions".


"(1A) Without limiting subsection (1), an Authority may provide or install, and maintain, a separate meter for—

(a) each occupancy on any land; and

(b) if water is delivered for more than one type of service, a separate meter to measure the amount of water delivered for each service.

(1B) In determining what constitutes a separate occupancy, the Authority must use the relevant principles set out in the Valuation of Land Act 1960.".

(3) In section 142(2) of the Water Act 1989, for "supplied to the land" substitute "delivered to the land in the exercise of its water supply or delivery functions".

30 Serviced properties

In section 144(1)(c) of the Water Act 1989, for "irrigation of the land" substitute "the service of delivering water to the land".



16

31 Control over connections

(1) For section 145(2) of the Water Act 1989 substitute—

"(2) An application for the Authority's consent must be made in a manner determined by the Authority and must be accompanied by—

(a) any fee fixed by a determination of the Authority under subsection (3C); and

(b) any plan that the Authority requires; and

(c) any other information that the Authority requires.".


"(3AA) For the purposes of subsection (3)(c), a condition may be that—

(a) a separate meter is installed—

(i) for each occupancy on the land on which the works to be connected will be situated; or

(ii) if water is delivered, or proposed to be delivered, for more than one type of service in the exercise of the Authority's water supply or delivery functions, to measure the amount of water delivered for each service; or

(b) each meter that is installed on that land is positioned as the Authority considers appropriate.

(3AB) In determining what constitutes a separate occupancy, the Authority must use the relevant principles set out in the Valuation of Land Act 1960.".



17

(3) After section 145(3B) of the Water Act 1989 insert—

"(3C) An Authority may make a determination for or with respect to the fee to accompany an application for the Authority's consent under this section.".

32 New section 161BA inserted

After section 161B of the Water Act 1989 insert—

"161BA Reconfiguration plans

To avoid doubt, nothing in this Part empowers an Authority to adopt a reconfiguration plan that includes anything inconsistent with Part VII of the Constitution Act 1975.".

33 Adoption of reconfiguration plans by Authority

In section 161F(2) of the Water Act 1989, for "An Authority" substitute "Subject to section 161BA, an Authority".

34 Authority may reduce, restrict or discontinue delivery of water

In section 231(1)(d) of the Water Act 1989, for "authorised officer" substitute "authorised water officer, or an officer of an Authority,".

35 Liability of owners corporation or lot owners for fees for services supplied to subdivision

(1) In section 263A(2) of the Water Act 1989—

(a) in paragraph (b), for "by it—" substitute "by it; or";

(b) after paragraph (b) insert—

"(c) the volume of water used at each lot as measured by the meter installed for the lot; or



18

(d) a combination of the methods set out in paragraphs (a), (b) and (c)—".

(2) In section 263A(3) of the Water Act 1989, for "lot liability when apportioning amounts under subsection (2)" substitute "any, or a combination, of the methods set out in subsection (2) when apportioning amounts under that subsection".

(3) For section 263A(4) of the Water Act 1989 substitute—

"(4) The request must be in writing.

(4A) A request that includes a request for an Authority to use the method set out in subsection (2)(b) must give details of lot liability for each lot affected by the owners corporation.

(4B) A request that includes a request for an Authority to use the method set out in subsection (2)(c) must specify each lot to which the request relates.".

(4) In section 263A(5) of the Water Act 1989, after "subsection (3)" insert "for an Authority to apportion amounts under subsection (2) on the basis of lot liability".

(5) In section 263A(6) of the Water Act 1989, for "lot liability method" substitute "method, or combination of methods, specified in the request,".

(6) In section 263A(7)(b) of the Water Act 1989, for "(2)" substitute "(2)(a)".

36 Interest on unpaid money

(1) In section 281(1A) of the Water Act 1989, for "by Order" substitute "under a Code under



19

section 4F of the Water Industry Act 1994".

(2) Section 281(1B) of the Water Act 1989 is repealed.

37 Prosecutions

After section 296(1)(a) of the Water Act 1989 insert—

"(ab) 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".

38 Issues of evidence and proof

In section 303A(1) and (3) of the Water Act 1989, for "until the contrary is proved," substitute "unless evidence to the contrary is presented,".

39 Recording mortgages of water shares

At the foot of clause 1 of Schedule 12A to the Water Act 1989 insert—"Note

Sections 33W and 33X apply to mortgages recorded under this clause.".

40 Continuing operation of registration licences

(1) In the heading to clause 28 of Schedule 15 to the Water Act 1989 omit "under section 51(1A)".

(2) In clause 28 of Schedule 15 to the Water Act 1989 omit "under section 51(1A)".

__________________



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PART 3—AMENDMENT OF WATER INDUSTRY ACT 1994

41 Codess. 41

See:Act No.121/1994.Reprint No. 6as at29 February 2008and amendingAct Nos15/2008, 68/2009, 69/2009, 6/2010, 29/2010, 50/2011, 63/2011, 7/2012, 17/2012 and 21/2012.LawToday:www.legislation.vic.gov.au

(1) In section 4F(2)(f) of the Water Industry Act 1994—

(a) for "Division 6" substitute "Divisions 5, 6 and 7";

(b) for subparagraph (i) substitute—

"(i) specifying any person or class of person who must not be charged interest on unrecovered amounts; and";

(c) in subparagraph (ii), before "the maximum" insert "fixing";

(d) in subparagraph (iii), for "will apply" substitute "does not apply".

(2) After section 4F(2) of the Water Industry Act 1994 insert—

"(3) For the purposes of subsection (2)(f)(ii), the Code may fix a maximum rate—

(a) by expressing it as a percentage; or

(b) by tying it to a specific floating institutional rate charged for loans or paid for borrowing by a public or commercial institution.".



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PART 4—REPEAL OF AMENDING ACT

42 Repeal of amending Act

This Act is repealed on 1 December 2014.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes


24

† Minister's second reading speech—

Legislative Assembly: 29 November 2012

Legislative Council: 7 March 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Water Act 1989 and the Water Industry Act 1994 and for other purposes."

water legislation amendment act 2013 - victorian ...file/13-024a.docx · web viewwater legislation...

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