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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Constitution (Water Authorities) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 2
2. Commencement 2
3. Principal Act 3
4. Entrenchment of certain matters 3
5. New Part VII inserted 4
PART VII--DELIVERY OF WATER SERVICES 4
96. Definitions 4
97. Delivery of water services 6
98. Register of publicly owned dams and associated works 7
6. Consequential amendment 9
ENDNOTES 11
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PARLIAMENT OF VICTORIA
Initiated in Assembly 12 September 2002
A BILL
to amend the Constitution Act 1975 so as to entrench the
responsibility of public authorities for ensuring the delivery of water
services and their accountability to responsible Ministers for ensuring
that delivery and for other purposes.
Constitution (Water Authorities) Act
2002
1. The Parliament recognises the importance to
the people of Victoria of the delivery of
water services.
2. In view of that importance, if a publicly
owned body that is accountable to a
responsible Minister of the Crown has
responsibility for ensuring the delivery of a
water service, such a body should continue to
have that responsibility.
3. It is therefore desirable that the Parliament
enact a law that secures continued public
responsibility for ensuring the delivery of
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Constitution (Water Authorities) Act 2002
s. 1
Act No.
water services to the people of Victoria and
public ownership of dams and associated
works that are integral to the delivery of
those services and that are recorded in a
public register.
The Parliament of Victoria therefore enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Constitution Act 1975 so as to entrench--
(a) the responsibility of public authorities for
5 ensuring the delivery of water services and
their accountability to responsible Ministers
for ensuring that delivery; and
(b) the public ownership of dams and associated
works that are integral to the delivery of
10 water services by public authorities and that
are recorded in a public register.
2. Commencement
(1) This Act (except section 6) comes into operation
on the day after the day on which it receives the
15 Royal Assent.
(2) Section 6 comes into operation on the day on
which Division 2 of Part 2 of the Constitution
(Parliamentary Reform) Act 2002 comes into
operation.
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Constitution (Water Authorities) Act 2002
s. 3
Act No.
3. Principal Act See:
Act No.
In this Act, the Constitution Act 1975 is called 8750.
Reprint No. 15
the Principal Act. as at
1 September
2002.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Entrenchment of certain matters
5 (1) In section 18(2) of the Principal Act--
(a) after paragraph (a) insert--
"(ab) by which responsibility for ensuring the
delivery of a water service (within the
meaning of Part VII) may be
10 transferred to a person or body that is
not a public authority (within the
meaning of that Part) or the
accountability to a responsible Minister
of the Crown of such an authority for
15 ensuring the delivery of such a service
may be removed; or
(ac) by which the sale of any dam or
associated works details of which are
recorded in the register (within the
20 meaning of Part VII) may be
authorised; or".
(b) in paragraph (b), for "or Division 2 or 3 of
Part V" substitute ", Division 2 or 3 of
Part V or Part VII".
25 (2) In section 18(3) of the Principal Act, after "(a)"
insert ", (ab), (ac)".
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Constitution (Water Authorities) Act 2002
s. 5
Act No.
(3) In section 18(4) of the Principal Act--
(a) at the end of paragraphs (a), (b), (c) and (d)
insert "or";
(b) in paragraph (f), for "elections." substitute
5 "elections; or";
(c) after paragraph (f) insert--
"(g) enable a public authority (within the
meaning of Part VII) to enter into an
arrangement of any kind with a person
10 or body (including an independent
contractor) relating to the delivery of a
water service (within the meaning of
that Part); or
(h) alter the structure, composition or
15 membership of a public authority
(within the meaning of Part VII) that
has responsibility for ensuring the
delivery of a water service (within the
meaning of that Part) if the alteration
20 does not affect its status or the status of
a successor body as such a public
authority accountable to a responsible
Minister of the Crown for ensuring the
delivery of that service.".
25 5. New Part VII inserted
After Part VI of the Principal Act insert--
'PART VII--DELIVERY OF WATER SERVICES
96. Definitions
In this Part--
30 "associated works" means any pipes
which--
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Constitution (Water Authorities) Act 2002
s. 5
Act No.
(a) convey water away from a dam to
another dam or to a pump station
or treatment facility; or
(b) convey water to a dam from
5 another dam or from a pump
station or treatment facility;
"dam" has the same meaning as in the
Water Act 1989 in relation to the
supply of water;
10 "public authority" means--
(a) a public statutory authority; or
(b) a Council within the meaning of
the Local Government Act 1989;
or
15 (c) a company (within the meaning of
the Corporations Act) all the
shares in which are held by or on
behalf of the State; or
(d) an Agency Head within the
20 meaning of the Public Sector
Management and Employment
Act 1998 who is a corporation
sole;
"public statutory authority" means a body,
25 whether corporate or unincorporate,
that is established by or under an Act
for a public purpose but does not
include a company (within the meaning
of the Corporations Act) in which all
30 the shares are not held by or on behalf
of the State;
"register" means the register established
and maintained under section 98;
"the Minister" means the Minister
35 administering the Water Act 1989;
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Constitution (Water Authorities) Act 2002
s. 5
Act No.
"water legislation" means the Water Act
1989, the Water Industry Act 1994 or
the Melbourne and Metropolitan
Board of Works Act 1958;
5 "water service" means a service relating
to--
(a) water supply; or
(b) sewerage; or
(c) irrigation; or
10 (d) water collection and storage; or
(e) sewage treatment--
for ensuring the delivery of which a
public authority has responsibility
under water legislation, including under
15 a licence issued under water legislation.
97. Delivery of water services
(1) If at any time on or after the commencement
of section 5 of the Constitution (Water
Authorities) Act 2002 a public authority has
20 responsibility for ensuring the delivery of a
water service, that or another public
authority must continue to have that
responsibility.
(2) A public authority that, at any time on or
25 after the commencement of section 5 of the
Constitution (Water Authorities) Act
2002, has responsibility for ensuring the
delivery of a water service must, while it has
that responsibility, be accountable to a
30 responsible Minister of the Crown for
ensuring the delivery of that service.
(3) Nothing in this section prevents a public
authority that has responsibility for ensuring
the delivery of a water service entering into
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Constitution (Water Authorities) Act 2002
s. 5
Act No.
an arrangement of any kind with a person or
body (including an independent contractor)
relating to the delivery of that service while
itself retaining that responsibility and
5 remaining accountable to a responsible
Minister of the Crown for ensuring the
delivery of that service.
(4) Nothing in this section prevents the making
of an alteration to the structure, composition
10 or membership of a public authority that has
responsibility for ensuring the delivery of a
water service if the alteration does not affect
its status or the status of a successor body as
a public authority accountable to a
15 responsible Minister of the Crown for
ensuring the delivery of that service.
98. Register of publicly owned dams and
associated works
(1) The Minister must establish and maintain (in
20 any form that he or she considers
appropriate) a register of publicly owned
dams and associated works for the purposes
of this Part.
(2) The Minister, after consultation with the
25 Treasurer, may record in the register details
of any dam vested in the State or a public
authority.
(3) If the Minister records details of a dam in
the register, the Minister may also record in
30 the register details of any associated works.
(4) Any dams or associated works details of
which are recorded in the register must not
be sold unless the sale of the particular dam
or associated works is expressly, and not
35 merely by implication, authorised by this or
another Act.
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Constitution (Water Authorities) Act 2002
s. 5
Act No.
(5) Any purported sale of any dam or associated
works in contravention of this section is
absolutely void against all persons
whomsoever.
5 (6) The Minister may only remove an entry in
the register relating to any particular dam or
associated works if--
(a) that dam is, or those associated works
are, sold and the sale was authorised as
10 set out in sub-section (4); or
(b) that dam is, or those associated works
are, no longer necessary for the
delivery of a water service and the
Minister has complied with sub-section
15 (7).
(7) If any particular dam is, or associated works
are, no longer necessary, the Minister may
remove an entry in the register relating to
that dam or those associated works if--
20 (a) the Governor in Council, by Order
published in the Government Gazette,
has authorised the removal of the entry;
and
(b) the Order includes a statement by the
25 Minister of the reason why the dam is,
or the associated works are, no longer
necessary.
(8) The Minister must ensure that the register is
available for inspection during normal office
30 hours by members of the public without
charge at the Department (within the
meaning of the Water Act 1989).
(9) The Minister must cause notice to be
published in the Government Gazette of the
35 recording in the register of details of any
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Constitution (Water Authorities) Act 2002
s. 6
Act No.
dam or associated works within 14 days after
that recording.
(10) This section has effect despite any provision
made by or under an Act or any rule of law
5 to the contrary.'.
6. Consequential amendment
(1) In section 18(2) of the Principal Act--
(a) after paragraph (f) insert--
"(fa) Part VII; or";
10 (b) in paragraph (g), for "(f)--" substitute
"(fa); or";
(c) after paragraph (g) insert--
"(h) by which responsibility for ensuring the
delivery of a water service (within the
15 meaning of Part VII) may be
transferred to a person or body that is
not a public authority (within the
meaning of that Part) or the
accountability to a responsible Minister
20 of the Crown of such an authority for
ensuring the delivery of such a service
may be removed; or
(i) by which the sale of any dam or
associated works details of which are
25 recorded in the register (within the
meaning of Part VII) may be
authorised--".
(2) In section 18 of the Principal Act, at the end of the
section insert--
30 "(6) Sub-section (2) does not apply to any Bill
to--
(a) enable a public authority (within the
meaning of Part VII) to enter into an
arrangement of any kind with a person
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Constitution (Water Authorities) Act 2002
s. 6
Act No.
or body (including an independent
contractor) relating to the delivery of a
water service (within the meaning of
that Part); or
5 (b) alter the structure, composition or
membership of a public authority
(within the meaning of Part VII) that
has responsibility for ensuring the
delivery of a water service (within the
10 meaning of that Part) if the alteration
does not affect its status or the status of
a successor body as such a public
authority accountable to a responsible
Minister of the Crown for ensuring the
15 delivery of that service.".
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Constitution (Water Authorities) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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