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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Water Acts Amendment (Enforcement and Other
Matters) Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF WATER INDUSTRY ACT 1994 3
3 Definitions 3
4 Repeal of section 60A 3
5 Copy of plan--drought response and emergency management
plans 4
6 Contravention of drought response and emergency management
plans 4
7 Power to serve an infringement notice 4
8 Copy of permanent water saving plan 5
9 Contravention of permanent water saving plan 5
10 New section 78OA inserted 5
78OA Power to serve an infringement notice 5
11 Prosecutions 6
12 New Part 6A inserted 6
PART 6A--APPOINTMENT OF AND POWERS OF
AUTHORISED WATER OFFICERS 6
Division 1--Authorised water officers 6
185A Appointment of authorised water officers 6
185B Identification of authorised water officers 6
185C Offence to impersonate authorised water officer 7
Division 2--Powers of authorised water officers 7
185D Power to require person to state name and address 7
PART 3--AMENDMENT OF WATER ACT 1989 9
13 Definitions 9
14 Operation of take and use licences 9
15 Copy of plan 9
561129B.I-1/5/2007 i BILL LA INTRODUCTION 1/5/2007
Clause Page
16 Contravention of permanent water saving plan 10
17 By-laws 10
18 Insertion of new heading 10
19 Insertion of new provisions in Part 14 10
Division 2--Enforcement of water restrictions 10
291A Appointment of authorised water officers 10
291B Identification of authorised water officers 11
291C Offence to impersonate authorised water officer 11
Division 3--Powers of authorised water officers 11
291D Authorised water officer may require person to state
name and address 11
Division 4--Further enforcement provisions 12
20 Power to require person to state name and address 12
21 Power to issue infringement notices 13
22 Prosecutions 13
23 Non-application of conversion to some take and use licences 14
24 Statute law revision 14
PART 4--AMENDMENT OF INFRINGEMENTS ACT 2006 15
25 Amendment of infringement offence definition 15
PART 5--GENERAL 16
26 Repeal of Act 16
ENDNOTES 17
561129B.I-1/5/2007 ii BILL LA INTRODUCTION 1/5/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Water Acts Amendment (Enforcement
and Other Matters) Bill 2007
A Bill for an Act to amend the Water Act 1989 and the Water
Industry Act 1994 to make further provision for enforcement, to
amend the Infringements Act 2006 to extend the operation of that
Act with respect to infringement offences under by-laws and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Water Act 1989 and the
5 Water Industry Act 1994 to make further
provision for enforcement in relation to
drought response plans, emergency
management plans, permanent water saving
561129B.I-1/5/2007 1 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 1--Preliminary
s. 2
plans and water restrictions set out in
by-laws; and
(b) to amend the Infringements Act 2006 to
extend the operation of that Act with respect
5 to infringement notices under by-laws; and
(c) to amend the Water Act 1989 to enable the
Minister to make further provision for
licences to take water.
2 Commencement
10 This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
561129B.I-1/5/2007 2 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 2--Amendment of Water Industry Act 1994
s. 3
PART 2--AMENDMENT OF WATER INDUSTRY ACT 1994 See:
Act No.
121/1994.
3 Definitions Reprint No. 5
as at
In section 3(1) of the Water Industry Act 1994 28 April 2005
and
insert the following definitions-- amending
Act Nos
5 "authorised water officer means a person 48/2003,
appointed as an authorised water officer 9/2006,
24/2006,
under section 185A; 69/2006 and
85/2006.
drought response plan means a drought response LawToday:
www.
plan prepared, adopted and (where the case legislation.
10 so requires) varied under Division 1A of vic.gov.au
Part 3;
emergency management plan means an
emergency management plan prepared,
adopted and (where the case so requires)
15 varied under Division 1A of Part 3;
licensee means the holder of a licence issued
under Division 1 of Part 2;
permanent water saving plan means a plan
prepared, adopted and (where the case so
20 requires) varied under Division 1B of
Part 3;".
4 Repeal of section 60A
Section 60A of the Water Industry Act 1994 is
repealed.
561129B.I-1/5/2007 3 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 2--Amendment of Water Industry Act 1994
s. 5
5 Copy of plan--drought response and emergency
management plans
After section 78F(2) of the Water Industry Act
1994 insert--
5 "(3) A licensee must ensure that a copy of its
drought response plan and a copy of its
emergency management plan are published
electronically at the electronic address of the
licensee.".
10 6 Contravention of drought response and emergency
management plans
(1) In section 78H(1) of the Water Industry Act
1994 omit ", after receiving a warning notice from
the licensee,".
15 (2) In section 78H(2) of the Water Industry Act
1994 omit ", after receiving a warning notice from
the licensee,".
(3) In section 78H(3) of the Water Industry Act
1994 omit ", after receiving a warning notice from
20 the licensee,".
(4) In section 78H(4) of the Water Industry Act
1994 omit ", after receiving a warning notice from
the licensee,".
7 Power to serve an infringement notice
25 (1) For section 78HA(1) of the Water Industry Act
1994 substitute--
"(1) An authorised water officer appointed by a
licensee may serve an infringement notice on
another person in respect of an offence
30 against section 78H in respect of a relevant
plan of the licensee, if the authorised water
officer reasonably believes that the person
has committed the offence.".
561129B.I-1/5/2007 4 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 2--Amendment of Water Industry Act 1994
s. 8
(2) After section 78HA(4) of the Water Industry Act
1994 insert--
"(5) In this section relevant plan, in relation to a
licensee, means a drought response plan or
5 emergency management plan that the
licensee is responsible for implementing.".
8 Copy of permanent water saving plan
After section 78M(2) of the Water Industry Act
1994 insert--
10 "(3) A licensee must ensure that a copy of its
permanent water saving plan is published
electronically at the electronic address of the
licensee.".
9 Contravention of permanent water saving plan
15 In section 78O of the Water Industry Act 1994
omit ", after receiving a warning notice from the
licensee,".
10 New section 78OA inserted
After section 78O of the Water Industry Act
20 1994 insert--
"78OA Power to serve an infringement notice
(1) An authorised water officer appointed by a
licensee may serve an infringement notice on
another person in respect of an offence
25 against section 78O in respect of a relevant
plan of the licensee, if the authorised water
officer reasonably believes that the person
has committed the offence.
(2) An offence referred to in subsection (1) for
30 which an infringement notice may be served
is an infringement offence within the
meaning of the Infringements Act 2006.
(3) The infringement penalty for an offence
referred to in subsection (1) is 1 penalty unit.
561129B.I-1/5/2007 5 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 2--Amendment of Water Industry Act 1994
s. 11
(4) In this section relevant plan, in relation to a
licensee, means a permanent water saving
plan that the licensee is responsible for
implementing.".
5 11 Prosecutions
For section 179(1)(ab) of the Water Industry Act
1994 substitute--
"(ab) in the case of an offence against section 78H
or 78O, in relation to a plan of a licensee, an
10 authorised water officer appointed by the
licensee; or".
12 New Part 6A inserted
After Part 6 of the Water Industry Act 1994
insert--
15 "PART 6A--APPOINTMENT OF AND POWERS
OF AUTHORISED WATER OFFICERS
Division 1--Authorised water officers
185A Appointment of authorised water officers
(1) A licensee may appoint a person as an
20 authorised water officer.
(2) An appointment under subsection (1) must
be in writing.
(3) A licensee may require a person appointed
under this section to undertake specified
25 training before exercising any powers,
functions or duties under this Act.
185B Identification of authorised water officers
(1) A licensee must issue to each person
appointed as an authorised water officer an
30 identity card that--
561129B.I-1/5/2007 6 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 2--Amendment of Water Industry Act 1994
s. 12
(a) contains a photograph of the person;
and
(b) states the full name of the person to
whom it is issued; and
5 (c) states that the person is an authorised
water officer for the purposes of this
Act.
(2) An authorised water officer must produce his
or her identity card for inspection at any time
10 during the exercise of a power under this Act
if asked to do so.
185C Offence to impersonate authorised water
officer
A person must not impersonate an authorised
15 water officer.
Penalty: 60 penalty units.
Division 2--Powers of authorised water
officers
185D Power to require person to state name and
20 address
(1) An authorised water officer may require a
person to state his or her name and address if
that authorised water officer has reasonable
grounds for believing that the person has
25 contravened, or is contravening, a restriction
or prohibition on the use of water contained
in--
(a) a drought response plan; or
(b) an emergency management plan; or
30 (c) a permanent water saving plan--
of the licensee who has appointed the
authorised water officer.
561129B.I-1/5/2007 7 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 2--Amendment of Water Industry Act 1994
s. 12
(2) Subject to subsections (3) and (4), a person
who is required under this section to state his
or her name and address must not--
(a) refuse to state that name or address; or
5 (b) state a false name or address.
Penalty: 10 penalty units.
(3) An authorised water officer must produce his
or her identity card for inspection before
exercising a power under subsection (1).
10 (4) It is not an offence for a person to fail to
comply with subsection (2) if the authorised
water officer did not comply with
subsection (3).".
__________________
561129B.I-1/5/2007 8 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 3--Amendment of Water Act 1989
s. 13
PART 3--AMENDMENT OF WATER ACT 1989 See:
Act No.
80/1989.
13 Definitions Reprint No. 8
as at
In section 3(1) of the Water Act 1989 insert the 3 August 2006
and
following definitions-- amending
Act Nos
5 "authorised water officer means a person 99/2005,
appointed as an authorised water officer 69/2006,
80/2006 and
under section 291A; 85/2006.
LawToday:
permanent water saving plan means a plan www.
legislation.
prepared, adopted and (where the case so vic.gov.au
10 requires) varied under Part 8;".
14 Operation of take and use licences
For section 51(1AA) of the Water Act 1989
substitute--
"(1AA) An application may not be made under
15 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
20 returned to the water system; or
(b) the water is to be taken and used for a
prescribed purpose.".
15 Copy of plan
After section 170D(2) of the Water Act 1989
25 insert--
"(3) An Authority must ensure that a copy of its
permanent water saving plan is published
electronically at the electronic address of the
licensee.".
561129B.I-1/5/2007 9 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 3--Amendment of Water Act 1989
s. 16
16 Contravention of permanent water saving plan
In section 170F(1) of the Water Act 1989 omit
", after receiving a warning notice from the
Authority,".
5 17 By-laws
After section 171(3) of the Water Act 1989
insert--
"(4) An offence referred to in subsection (1)(ba),
for which an infringement notice may be
10 served, is an infringement offence within the
meaning of the Infringements Act 2006.".
18 Insertion of new heading
After the heading to Part 14 of the Water Act
1989 insert--
15 "Division 1--General offences".
19 Insertion of new provisions in Part 14
After section 291 of the Water Act 1989 insert--
"Division 2--Enforcement of water restrictions
291A Appointment of authorised water officers
20 (1) An Authority with a water district may
appoint a person as an authorised water
officer.
(2) An appointment under subsection (1)--
(a) must be in writing; and
25 (b) must specify the district or districts in
which the person may exercise the
powers, functions or duties under this
Act.
561129B.I-1/5/2007 10 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 3--Amendment of Water Act 1989
s. 19
(3) An Authority may require a person
appointed under this section to undertake
specified training before exercising any
powers, functions or duties under this Act.
5 291B Identification of authorised water officers
(1) An Authority must issue to each person
appointed as an authorised water officer an
identity card that--
(a) contains a photograph of the person;
10 and
(b) states the full name of the person to
whom it is issued; and
(c) states that the person is an authorised
water officer for the purposes of this
15 Act.
(2) An authorised water officer must produce his
or her identity card for inspection at any time
during the exercise of a power under this Act
if asked to do so.
20 291C Offence to impersonate authorised water
officer
A person must not impersonate an authorised
water officer.
Penalty: 60 penalty units.
25 Division 3--Powers of authorised water
officers
291D Authorised water officer may require
person to state name and address
(1) An authorised water officer may require a
30 person to state his or her name and address if
that authorised water officer has reasonable
grounds for believing that the person has
contravened, or is contravening--
561129B.I-1/5/2007 11 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 3--Amendment of Water Act 1989
s. 20
(a) an offence set out in section 170F in
relation to a permanent water saving
plan of the Authority that appointed the
authorised water officer;
5 (b) an offence set out in a by-law made
under section 171(1)(ba) by the
Authority that appointed the authorised
water officer.
(2) Subject to subsections (3) and (4), a person
10 who is required under this section to state his
or her name and address must not--
(a) refuse to state that name or address; or
(b) state a false name or address.
Penalty: 10 penalty units.
15 (3) An authorised water officer must produce his
or her identity card for inspection before
exercising a power under subsection (1).
(4) It is not an offence for a person to fail to
comply with subsection (2) if the authorised
20 water officer did not comply with
subsection (3).
Division 4--Further enforcement provisions".
20 Power to require person to state name and address
(1) In section 293(1) of the Water Act 1989 for
25 "offence against this Act or against regulations or
by-laws made under this Act." substitute--
"offence against--
(a) this Act, except section 170F of this Act; or
(b) regulations made under this Act; or
30 (c) by-laws made under this Act, except by-laws
made under section 171(1)(ba) of this Act.".
561129B.I-1/5/2007 12 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 3--Amendment of Water Act 1989
s. 21
(2) After the penalty at the foot of section 293(2) of
the Water Act 1989 insert--
"Note
See section 291D for powers of authorised water officers to
5 request the name and address of persons.".
21 Power to issue infringement notices
(1) For section 295A(1) of the Water Act 1989
substitute--
"(1) An authorised water officer appointed by an
10 Authority may serve an infringement notice
on another person in respect of an offence
against section 170F in respect of a relevant
plan of the Authority, if the authorised water
officer reasonably believes that the person
15 has committed the offence.".
(2) For section 295A(3) of the Water Act 1989
substitute--
"(3) The infringement penalty for an offence
referred to in subsection (1) is 1 penalty unit.
20 (4) In this section relevant plan, in relation to an
Authority, means a permanent water saving
plan that the Authority is responsible for
implementing.".
22 Prosecutions
25 For section 296(1)(ba) of the Water Act 1989
substitute--
"(ba) in the case of an offence against section
288(1), 289(1) or 290(1), an employee of the
licensee authorised to do so, either generally
30 or in a specific case, by the licensee; or
(bb) in the case of an offence against
section 170F or 291D, in relation to a
permanent water saving plan of an Authority,
an authorised water officer appointed by the
561129B.I-1/5/2007 13 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 3--Amendment of Water Act 1989
s. 23
Authority responsible for implementing the
plan; or
(bc) in the case of a by-law made by an Authority
under section 171(1)(ba), an authorised
5 water officer appointed by the Authority;
or".
23 Non-application of conversion to some take and use
licences
In clause 13(1) of Schedule 15 to the Water Act
10 1989, for "within the water system" substitute
"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
15 taken and used is returned to the water
system; or
(b) the water is to be taken and used for a
purpose prescribed for the purposes of
section 51(1AA)".
20 24 Statute law revision
(1) Section 49(1)(b) of the Water Act 1989 is
repealed.
(2) Section 53(2)(d) of the Water Act 1989 is
repealed.
25 (3) Section 59(1A) of the Water Act 1989 is
repealed.
__________________
561129B.I-1/5/2007 14 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 4--Amendment of Infringements Act 2006
s. 25
PART 4--AMENDMENT OF INFRINGEMENTS ACT 2006 See:
Act No.
12/2006.
25 Amendment of infringement offence definition Reprint No. 1
as at
In section 3(1) of the Infringements Act 2006, 1 July 2006
and
after paragraph (b) of the definition of amending
5 infringement offence insert-- Act Nos
48/2006,
"(ba) a by-law made under section 171 of the 79/2006 and
81/2006.
Water Act 1989 or a by-law made under a LawToday:
prescribed Act; or". www.
legislation.
vic.gov.au
__________________
561129B.I-1/5/2007 15 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Part 5--General
s. 26
PART 5--GENERAL
26 Repeal of Act
This Act is repealed on the first anniversary of its
commencement.
561129B.I-1/5/2007 16 BILL LA INTRODUCTION 1/5/2007
Water Acts Amendment (Enforcement and Other Matters) Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561129B.I-1/5/2007 17 BILL LA INTRODUCTION 1/5/2007
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