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PARLIAMENT OF VICTORIA
Water Acts (Further Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF MMBW ACT 4
3. Definition 4
4. Removal of power to levy water rates 4
5. Removal of power to levy sewerage rates 5
6. Repeal of provisions relating to rates 5
7. Metropolitan General Fund and Metropolitan Improvement Fund 6
8. New section 239DA inserted 6
239DA. Transitional provision (1997 Amendments) 7
9. Definitions 9
10. New sections 280 to 281F inserted 9
280. Power to impose fees under a tariff 9
280A. Tariff restricted to rateable properties 11
281. Setting a tariff 12
281A. Valuations 13
281B. Supplementary valuations 15
281C. Application for review 16
281D. Inspection of rate records 17
281E. Recovery of fees under tariffs 17
281F. Savings provision 18
11. Amendments consequential on section 10 19
12. Minor amendments 20
PART 3--AMENDMENT OF WATER ACT 1989 23
13. Analyst 23
14. Groundwater management 23
15. Interstate trading in water 23
16. Repeal of provisions relating to certain Authorities 24
17. Application fees 24
18. Fee for information statement 25
19. Supply of water for domestic and stock use 25
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Clause Page
20. New section 226AA inserted 25
226AA. Permanent transfer of water rights interstate 25
21. New Division 1 substituted in Part 13 28
Division 1--Corporate Plans 28
247. Corporate plans 28
248. Statement of corporate intent: contents 30
249. Inspection of corporate plans 30
22. Amendments consequential on section 21 30
23. New section 253A inserted 31
253A. Payments by Treasurer in 1997/98 31
24. Tariffs 31
25. Waiver 32
PART 4--AMENDMENT OF WATER INDUSTRY ACT 1994 34
26. Definitions 34
27. Power of Governor in Council to regulate pricing 34
28. Sanitary service charge 35
29. Liability of occupier 35
30. Exemptions from charges 35
31. Concessions etc. in respect of charges 36
32. Power of Treasurer to direct MWC to make payments to
licensees 37
33. Regulations about water supply 37
34. Control over connections 37
35. New Division 1A inserted in Part 3 37
Division 1A--Drought Response Plans and Emergency
Management Plans 38
78A. Application of this Division 38
78B. Preparation and adoption of plans 38
78C. Variation of plan 39
78D. Emergency 41
78E. Major deviations from plan 41
78F. Copy of plan 42
78G. Implementation of plan 42
78H. Contravention of plan 43
36. Review of valuation equalisation factors 43
37. Taxes 44
38. General evidentiary provisions 44
39. New sections 177A to 177C inserted 46
177A. Use of analyst's certificate in prosecutions 47
177B. Authentication of documents 47
177C. Discharges into works etc. 47
40. Statute law revision 49
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Clause Page
PART 5--AMENDMENT OF OTHER ACTS 50
41. Food Act 1984 50
42. Health Act 1958 50
43. Health (Fluoridation) Act 1973 51
44. New section 13 inserted in Health (Fluoridation) Act 1973 51
13. Supreme Court--limitation of jurisdiction 51
45. Consequential amendment of Melbourne Water Corporation
Act 1992 52
46. Statute law revision 52
NOTES 53
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Clause Page
THIS PAGE IS TO BE MASKED
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PARLIAMENT OF VICTORIA
A BILL
to amend the Melbourne and Metropolitan Board of Works Act
1958, the Water Act 1989, the Water Industry Act 1994, the Food
Act 1984, the Health Act 1958, the Health (Fluoridation) Act 1973
and certain other Acts and for other purposes.
Water Acts (Further Amendment) Act
1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purposes of this Act are--
(a) to remove the rating powers of Melbourne
5 Water Corporation and enable it to impose
fees under a tariff for the purposes of its
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Water Acts (Further Amendment) Act 1997
s. 2
Act No.
drainage and floodplain management
functions;
(b) to amend the Water Act 1989 so as to--
(i) enable charges to be imposed on
5 domestic and stock users of
groundwater in a groundwater supply
protection area;
(ii) enable permanent interstate trading in
water;
10 (c) to amend the Water Industry Act 1994 so
as to--
(i) remove certain exemptions from the
payment of charges;
(ii) make new provision for the imposition
15 of water restrictions and prohibitions in
times of shortage;
(d) to recognise licensees under the Water
Industry Act 1994 as water supply
authorities for the purposes of the Food Act
20 1984, the Health Act 1958 and the Health
(Fluoridation) Act 1973;
(e) to make miscellaneous other amendments to
the Melbourne and Metropolitan Board of
Works Act 1958, the Water Act 1989 and
25 the Water Industry Act 1994.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Sections 8 and 31 come into operation on
30 1 January 1998.
(3) Sections 28(3) and (4) and 30(1), (2)(a) and (3)
come into operation on 1 July 1998.
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(4) Subject to sub-section (5), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(5) If a provision referred to in sub-section (4) does
5 not come into operation before 1 January 1999, it
comes into operation on that day.
_______________
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Water Acts (Further Amendment) Act 1997
s. 3
Act No.
PART 2--AMENDMENT OF MMBW ACT
3. Definition
No. 6310. In this Part, "MMBW Act" means Melbourne
Reprint No. 8
and Metropolitan Board of Works Act 1958.
as at 17 April
1997. Further
amended by
Nos 38/1997
and 45/1997.
5 4. Removal of power to levy water rates
(1) In the heading to Division 3 of Part II of the
MMBW Act, omit "Rates and".
(2) Sections 98, 98A, 98B, 99, 102, 103, 104 and
106A(6) of the MMBW Act are repealed.
10 (3) In section 106 of the MMBW Act, omit "rates
and".
(4) In section 106A(2) of the MMBW Act, for "rates
or amounts levied under this Division upon the
registered proprietor of a lot or upon" substitute
15 "amounts payable under this Division by the
registered proprietor of a lot or".
(5) In section 106A(3) of the MMBW Act, omit
"rates levied upon and".
(6) In section 107 of the MMBW Act--
20 (a) omit "rate" (wherever occurring);
(b) omit "rate,";
(c) omit "rates".
(7) In section 108 of the MMBW Act, omit "rate".
(8) In section 109(1) of the MMBW Act--
25 (a) omit "rate" (wherever occurring);
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(b) omit the expression commencing "; and
neither such closing" and ending at the end
of the sub-section.
(9) In sections 109(3) and 169 of the MMBW Act,
5 omit "rates".
(10) In the Eighth Schedule to the MMBW Act--
(a) omit "has been rated by the Melbourne and
Metropolitan Board of Works at the sum of
per annum for the water rate [or";
10 (b) for "said Board]" substitute "Melbourne and
Metropolitan Board of Works";
(c) omit "rate" (where secondly occurring);
(d) omit "the collector of rates for".
5. Removal of power to levy sewerage rates
15 (1) Section 175 (except sub-section (8)) of the
MMBW Act is repealed.
(2) Section 175(8) of the MMBW Act is repealed.
(3) Sections 176 to 179 of the MMBW Act is
repealed.
20 (4) The heading to Division 7 of Part III of the
MMBW Act is repealed.
6. Repeal of provisions relating to rates
(1) Section 182 of the MMBW Act is repealed.
(2) In section 183 of the MMBW Act--
25 (a) for "either of the last two preceding sections"
substitute "section 181";
(b) for "Public Transport Corporation or
council" substitute "or the Public Transport
Corporation".
30 (3) In section 184A(1)(h) of the MMBW Act, omit
"rates and".
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(4) In section 186A(1) and (2) of the MMBW Act, for
"rates" substitute "fees under tariffs".
(5) In section 187(1) of the MMBW Act--
(a) for "rate" substitute "fee under a tariff";
5 (b) omit "II, III or";
(c) after "this Act" (where secondly occurring)
insert "and of any other money received by
the Board under this Act".
(6) In section 188 of the MMBW Act, for "rates
10 which it is authorized to make" substitute "fees
under tariffs which it is authorised to impose".
(7) In sections 197 and 198 of the MMBW Act, omit
"rates".
(8) Sections 239A, 239B and 239C of the MMBW
15 Act are repealed.
(9) Sections 239EA, 239EAA, 239EAB and 239EB of
the MMBW Act are repealed.
7. Metropolitan General Fund and Metropolitan
Improvement Fund
20 (1) In section 185(1) of the MMBW Act, omit "rates
and other".
(2) In section 185(2)(ba) of the MMBW Act, omit
"34(1) or".
(3) In section 219(2) of the MMBW Act, paragraph
25 (a) is repealed.
(4) In section 220 of the MMBW Act--
(a) in sub-section (1) omit "and the
Metropolitan Improvement Rate under this
Part";
30 (b) in sub-section (2) omit "and Rate".
8. New section 239DA inserted
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Act No.
After section 239D of the MMBW Act insert--
'239DA. Transitional provision (1997 Amendments)
(1) Rates made and levied in accordance with
Part II or III in respect of the 1997--1998
5 financial year before the commencement of
section 8 of the Water Acts (Further
Amendment) Act 1997 have effect on and
after that commencement, except for the
purposes of sub-section (6), as if they had
10 been made and levied--
(a) in respect of the period commencing on
1 July 1997 and ending on 31
December 1997; and
(b) for an amount equal to the amount or
15 amounts due and payable at any time
before 31 December 1997 in respect of
the period referred to in paragraph (a).
(2) The Board must refund any amount of rates
to which sub-section (1) applies paid in
20 excess of the amount due in accordance with
that sub-section in respect of the period
commencing on 1 July 1997.
(3) Subject to sub-section (4), the repeal by
sections 4 to 7 of the Water Acts (Further
25 Amendment) Act 1997 of a provision of
this Act does not affect--
(a) any liability to pay a rate made and
levied under Part II or III before that
repeal; or
30 (b) any right or power relating to the
remission, excusing or deferral of the
obligation to pay a rate so made and
levied; or
(c) any other obligation, right or power of
35 any person relating to the payment,
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collection, recovery or receipt of any
rate so made and levied--
and any such liability, right, power or
obligation continues and may be enforced or
5 exercised as if that provision had not been
repealed.
(4) Section 239EA has effect in relation to the
water rate or the Metropolitan General Rate
made and levied in respect of the 1997--
10 1998 financial year as if in sub-section (4)(a)
of that section a reference to $33.75 were
substituted for any reference to $67.50 or
$67.50 per annum.
(5) The provisions of sub-section (3) are in
15 addition to, and not in derogation from, the
provisions of the Interpretation of
Legislation Act 1984.
(6) If under its licence a retail licensee
determines the amount of a usage charge in
20 respect of water supplied before 1 January
1998 by reference to the amount of a rate
made and levied under Part II in respect of
the 1997--1998 financial year, then for this
purpose the amount of that rate must be
25 taken to be the amount that bears the same
proportion to the amount for which that rate
was made and levied in respect of that whole
financial year as the water allowance period
bears to that whole financial year.
30 (7) In sub-section (6)--
"licence" and "usage charge" have the
same meaning as in the Water
Industry Act 1994;
"water allowance period", in relation to a
35 property, means the period
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commencing on the day on which the
usage charge relating to that property
was first imposed by reference to the
amount of the rate made and levied
5 under Part II in respect of the 1997--
1998 financial year and ending on 31
December 1997.'.
9. Definitions
(1) In section 259(1) of the MMBW Act, in the
10 definition of "bed" and "banks", after "over
which" insert "water".
(2) In section 259(1) of the MMBW Act, after the
definition of "river improvement works" insert--
' "tariff" means a scale of charges by reference to
15 which a fee is imposed by the Board on the
owner of a property for works or services
provided by the Board under this Part or, as a
delegate of the Minister, under Division 4 of
Part 10 of the Water Act 1989;'.
20 10. New sections 280 to 281F inserted
For sections 280, 281 and 281A of the MMBW
Act substitute--
"280. Power to impose fees under a tariff
(1) The Board may impose fees under a tariff for
25 the purposes of this Part and of the exercise
by the Board of any functions and powers as
a delegate of the Minister under Division 4
of Part 10 of the Water Act 1989.
(2) A fee imposed under a tariff on a property
30 may be--
(a) a fixed amount; or
(b) an amount fixed according to--
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(i) the net annual value of the
property; or
(ii) the site value of the property; or
(iii) the capital improved value of the
5 property; or
(iv) the size of the property; or
(v) the use of the property; or
(vi) how the use or development of the
property is controlled under a
10 planning scheme; or
(vii) the extent of use of or benefit
from works or services provided
by the Board; or
(c) any combination of amounts referred to
15 in paragraphs (a) and (b).
(3) The Board in imposing fees under a tariff
(other than fees of a fixed amount) may, by
resolution of the Board of Directors, fix a
minimum amount or a zero amount in
20 respect of any property or class of property.
(4) The Board may, by resolution of the Board
of Directors, fix different fees payable for
different properties or for different periods
on the basis of any criteria specified in the
25 resolution.
(5) A resolution under sub-section (3) or (4) has
no effect until the day on which notice of the
making of the resolution is published in a
newspaper circulating generally in the area
30 concerned.
(6) The Board may, in respect of a property that
becomes liable during a financial year to a
fee imposed under a tariff, impose a
proportion of the fee for that part of the year
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during which the property is liable to a fee
under the tariff.
(7) The Board may, in respect of a property,
separately impose fees under a tariff in
5 respect of each separate occupancy on that
property.
(8) In determining what constitutes a separate
occupancy, the Board must use the relevant
principles set out in the Valuation of Land
10 Act 1960.
280A. Tariff restricted to rateable properties
(1) A tariff may only be set in relation to
rateable properties.
(2) For the purposes of this section lands and
15 tenements vested in or owned by a declared
public statutory authority (within the
meaning of sub-section (3)) that are not used
exclusively as public open space or as a park
are rateable property even if they are not
20 rateable within the meaning of the Local
Government Act 1989.
(3) The Governor in Council, by Order
published in the Government Gazette, may
declare a public statutory authority
25 constituted under the laws of Victoria to be a
declared public statutory authority for the
purposes of this section and section 239.
(4) Despite anything to the contrary in section
281A or in any other provision of this Act,
30 the Treasurer, after consultation with the
Minister responsible for a declared public
statutory authority, may give his or her
approval to the Board levying an amount in
lieu of a fee under a tariff in respect of a
35 financial year on lands and tenements vested
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in or owned by the authority that, by virtue
of sub-section (2), are rateable property.
(5) The amount to be levied in lieu of a fee
under a tariff in accordance with sub-section
5 (4) is the amount agreed between the
authority and the Board or, in the absence of
agreement, determined by the Treasurer.
(6) An approval may only be given by the
Treasurer under sub-section (4) on the
10 application of the Board.
281. Setting a tariff
(1) The Board must set a tariff by resolution.
(2) A resolution under sub-section (1) has no
effect until the day on which notice of the
15 making of the resolution is published in a
newspaper circulating generally in the area
concerned.
(3) The Board must specify in the notice under
sub-section (2)--
20 (a) the area to which the tariff applies; and
(b) the method of calculating fees imposed
under the tariff; and
(c) the period for which the tariff is set.
(4) The Minister may require the Board to
25 consult with a community-based committee
appointed by it before setting a tariff in
respect of any area.
(5) The following provisions apply with respect
to the membership of a committee appointed
30 under sub-section (4)--
(a) at least one half of the membership
must consist of persons who are owners
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or occupiers of rateable properties in
the area;
(b) the Board must invite any council
whose municipal district is wholly or
5 partly within the area to be represented
on the committee;
(c) the Minister may direct that a public
statutory body, government department
or any other body (whether government
10 or non-government) be invited to be
represented on the committee.
(6) Subject to this section, section 16 of the
Melbourne Water Corporation Act 1992
applies to a committee appointed under sub-
15 section (4).
281A. Valuations
(1) If the Board sets a tariff by reference to the
net annual value, site value or capital
improved value of a rateable property, it
20 must do so by reference to that value of the
rateable property as at 30 June 1990 levels of
value as determined for the purposes of the
Local Government Act 1989.
(2) The net annual value, site value or capital
25 improved value of a rateable property as at
the levels of value referred to in sub-section
(1) shall be determined as follows--
(a) if the valuation of that property in force
for the purposes of the Local
30 Government Act 1989 immediately
before the commencement of section 10
of the Water Acts (Further
Amendment) Act 1997 is at 30 June
1990 levels of value--the value is,
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subject to paragraph (d), the value as
shown in that valuation;
(b) if the valuation of that property in force
for the purposes of the Local
5 Government Act 1989 immediately
before that commencement 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
10 that later date was there in force for the
purposes of that Act a valuation of that
property at 30 June 1990 levels of
value--the value is, subject to
paragraph (d), the value as shown in the
15 valuation then in force multiplied by
the valuation equalization factor
applying to the area in which that
property is situated;
(c) if the valuation of that property in force
20 for the purposes of the Local
Government Act 1989 immediately
before that commencement is at levels
of value as at a date after 30 June 1990
but at any time before then the
25 valuation of that property in force for
the purposes of that Act was at 30 June
1990 levels of value--the value is,
subject to paragraph (d), the value as
shown in the valuation at 30 June 1990
30 levels of value;
(d) if subsequent to that commencement
that property is valued for the purposes
of a supplementary valuation made for
the purposes of this Act or the Local
35 Government Act 1989--the value is
the value as shown in the most recent
such supplementary valuation or, if that
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supplementary valuation is not at 30
June 1990 levels of value, that value
multiplied by the valuation equalization
factor applying to the area in which that
5 property is situated.
(3) A reference in sub-section (2) to a valuation
equalization factor applying to the area in
which a property is situated is a reference to
a factor determined by the Valuer-General
10 and published in the Government Gazette
being a factor by which, in the opinion of the
Valuer-General, the net annual value, site
value or capital improved value (as the case
requires) of rateable properties within that
15 area determined as at a particular date ought
to be multiplied if the value of those
properties is to accord with levels of value
generally prevailing in that area as at 30 June
1990.
20 281B. Supplementary valuations
(1) The Board may alter the amount of a fee
imposed under a tariff in respect of a
property if a supplementary valuation of the
property is made in accordance with section
25 13DF of the Valuation of Land Act 1960.
(2) The Board may request a municipal council
to arrange for a supplementary valuation to
be made at the Board's expense.
(3) The Valuation of Land Act 1960 applies,
30 with any necessary modifications, to a
supplementary valuation made at the request
of the Board as if it were a supplementary
valuation made in accordance with section
13DF of that Act.
35 (4) If a supplementary valuation is made
because of an event that happens during a
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financial year, a proportion of the amount of
the fee imposed under the tariff, as altered, is
payable for the part of the financial year after
the supplementary valuation, and a
5 proportion of the original amount of the fee
imposed under the tariff is payable for the
part of the financial year before the
supplementary valuation.
281C. Application for review
10 (1) A person who is aggrieved by the setting of a
tariff, or the imposing of a fee under a tariff,
by the Board may, within 1 month after
receipt of the demand for payment, object in
writing to the Board on any of the following
15 grounds--
(a) that the property is not rateable
property;
(b) that the person is not liable for the
tariff;
20 (c) that the tariff was not set in accordance
with an Order under section 21A(1) of
the Water Industry Act 1994;
(d) that the fee imposed by the Board is not
a correct application of the tariff as set.
25 (2) The Board must, within 2 months after
receipt of an objection from a person, notify
the person of its decision on the objection.
(3) If the Board has not notified the person of its
decision within 2 months after the objection
30 was made, the Board must be taken to have
notified the person of its decision to overrule
the objection at the expiry of the 2 month
period.
(4) A person may apply to the Administrative
35 Appeals Tribunal for review of the Board's
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decision on the objection on any of the
grounds specified in sub-section (1).
(5) An objection does not prevent the recovery
of any fee or interest due under a tariff.
5 (6) If a tariff is quashed by the Administrative
Appeals Tribunal under this section, the
Board may--
(a) set a new tariff for the particular year,
even if the year has ended; and
10 (b) retain any amount paid to it by a person
in respect of that tariff on account of
any amount payable by that person in
respect of the next effective tariff set.
281D. Inspection of rate records
15 (1) A person authorised by the Board 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
20 of which is wholly or partly within the
metropolis.
(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
25 exercising a power under sub-section (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.
30 Penalty: 1 penalty unit.
281E. Recovery of fees under tariffs
(1) Fees imposed under a tariff are payable by,
and recoverable from, the owner for the time
being of the property.
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(2) A fee imposed under a tariff is due and must
be paid by the date specified in a notice
issued by the Board requiring payment,
being a date at least 14 days after the date of
5 issue of the notice.
(3) Any amount due to the Board under a tariff
is a debt due to the Board by the owner for
the time being of the property.
(4) In any proceeding for the recovery of a fee
10 imposed under a tariff, a certificate under the
official seal of the Board purporting to state
the amount due in respect of a property is
admissible in evidence and, in the absence of
evidence to the contrary, is proof of the
15 matters stated in the certificate without any
evidence that the requirements of this Part
have been complied with.
(5) In any proceeding for the recovery of a fee
imposed under a tariff, a copy of an entry in,
20 or extract from, the valuation or rate records
of a council verified by the statutory
declaration of the person who took that copy
or made that extract is admissible in
evidence and, in the absence of evidence to
25 the contrary, is proof of the ownership and
valuation of the property to which the entry
or extract refers.
281F. Savings provision
(1) The repeal by section 10 of the Water Acts
30 (Further Amendment) Act 1997 of sections
280, 281 and 281A of this Act, as in force
immediately before that repeal, does not
affect--
(a) any liability to pay a rate made and
35 levied under this Part before that repeal
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or to pay interest on any rate so made
and levied; or
(b) any right or power relating to the
remission, excusing or deferral of the
5 obligation to pay a rate so made and
levied; or
(c) any other obligation, right or power of
any person relating to the payment,
collection, recovery or receipt of any
10 rate so made and levied--
and any such liability, right, power or
obligation continues and may be enforced or
exercised as if those sections had not been
repealed.
15 (2) The provisions of sub-section (1) are in
addition to, and not in derogation from, the
provisions of the Interpretation of
Legislation Act 1984.".
11. Amendments consequential on section 10
20 (1) In section 3(5)(a)(iii) of the MMBW Act, for
"make and levy the Metropolitan Drainage and
River Improvement Rate" substitute "impose fees
under a tariff set under Part X".
(2) In section 239 of the MMBW Act--
25 (a) after "rates" insert "tariffs";
(b) for "239A(1B)" substitute "280A(3)".
(3) In section 239D of the MMBW Act, for "rates"
(where twice occurring) substitute "fees under
tariffs,".
30 (4) In section 239E of the MMBW Act, for "rate"
(wherever occurring) substitute "fee under a
tariff".
19
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(5) In section 239F(1), (4) and (5) of the MMBW Act,
for "rates" (wherever occurring) substitute "fees
under tariffs".
(6) In section 248B of the MMBW Act, for "rates"
5 substitute "fees under tariffs,".
(7) In section 257F(1)(a) of the MMBW Act, for
"rated in respect of any rateable property to any
rate made" substitute "liable to pay a fee imposed
under a tariff set in relation to a property".
10 12. Minor amendments
(1) In section 147 of the MMBW Act--
(a) for "the Port of Melbourne Authority"
(where first occurring) substitute "a local
authority within the meaning of the Marine
15 Act 1988";
(b) omit "as defined by the Port of Melbourne
Authority Act 1958";
(c) for "Port of Melbourne Authority before or
the Victorian Channels Authority (as the
20 case requires)" substitute "the local
authority or the Victorian Channels
Authority (as the case requires) before";
(d) for "the said Authority" substitute "the local
authority or the Victorian Channels
25 Authority".
(2) Section 148 of the MMBW Act is repealed.
(3) In the definition of "public corporation" in section
259(1) of the MMBW Act, omit ", the Port of
Melbourne Authority,".
30 (4) In section 263(5) of the MMBW Act, omit "or
Port of Melbourne Authority".
(5) In section 276(6) of the MMBW Act--
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s. 12
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(a) for "Port of Melbourne Authority"
substitute "Victorian Channels Authority";
(b) for paragraph (b) substitute--
"(b) for any reference to payment into the
5 Metropolitan General Fund there were
substituted a reference to payment to
the said Authority.".
(6) In section 279(3) of the MMBW Act, omit "or the
Port of Melbourne Authority".
10 (7) In section 289(1A) of the MMBW Act, for "Port
of Melbourne Authority" (wherever occurring)
substitute "Victorian Channels Authority".
(8) In section 289(1B) of the MMBW Act, for "(2)"
substitute "(1A)".
15 (9) In section 289(1D) of the MMBW Act--
(a) for "Port of Melbourne Authority"
substitute "Melbourne Port Corporation or
the Victorian Channels Authority";
(b) in paragraphs (a) and (b) after "the Board"
20 insert ", the Corporation".
(10) Section 289(1E) of the MMBW Act is repealed.
(11) In the Third Schedule to the MMBW Act, for
paragraph (d) substitute--
"(d) All lands which are vested in, or purchased
25 or acquired by, or under the management of,
the Melbourne Port Corporation under the
Port Services Act 1995.".
(12) In the Twelfth Schedule to the MMBW Act, for
"situate in any area vested in or under the
30 management and control of the Port of Melbourne
Authority or the Victorian Channels Authority"
substitute "within port waters of the port of
Melbourne under the Port Services Act 1995 or
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s. 12
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waters under the control of a local authority
within the meaning of the Marine Act 1988".
_______________
22
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s. 13
Act No.
PART 3--AMENDMENT OF WATER ACT 1989
No. 80/1989.
13. Analyst
Reprint No. 3
In the definition of "analyst" in section 3(1) of the as at 28 July
1997.
Water Act 1989, for "under the regulations to
5 carry out analyses" substitute "by an Authority to
carry out analyses on behalf of the Authority".
14. Groundwater management
In section 30(2) of the Water Act 1989, after
paragraph (a) insert--
10 "(ab) conditions relating to payment for the
amount of groundwater taken and used from
any specified bore or group of bores under a
right conferred by section 8(1); or
(ac) requirements to notify the Authority that has
15 the duty of administering and enforcing the
plan of the taking of groundwater from any
specified bore or group of bores under a right
conferred by section 8(1); or".
15. Interstate trading in water
20 (1) In section 62(2A) of the Water Act 1989, for
"temporary" substitute "permanent or
temporary".
(2) In section 64F(1)(c) of the Water Act 1989, for
"or 226" substitute ", 226 or 226AA".
25 (3) In section 64G of the Water Act 1989--
(a) after "47D" insert ", 62";
(b) for "or 226" substitute ", 226 or 226AA".
(4) In section 224B(1)(a) and (b) of the Water Act
1989, after "224A" insert "or 226AA".
30 (5) In section 228 of the Water Act 1989--
(a) for "and 227" substitute ", 226AA and 227";
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(b) in paragraphs (a) and (b), after "section 226"
insert "or 226AA".
16. Repeal of provisions relating to certain Authorities
(1) Section 98(6) of the Water Act 1989 is repealed.
5 (2) Section 116 of, and Schedule 4 to, the Water Act
1989 are repealed.
(3) Section 119(3) of the Water Act 1989 is
repealed.
(4) In section 119(4) of the Water Act 1989 omit "or
10 Schedule 10".
(5) Section 120 of, and Schedule 8 to, the Water Act
1989 are repealed.
(6) Section 122 of, and Schedule 10 to, the Water
Act 1989 are repealed.
15 17. Application fees
(1) In section 51(2)(c) of the Water Act 1989, for
"prescribed application fee" substitute
"application fee fixed by the Minister".
(2) In section 52(2)(c) of the Water Act 1989, for
20 "prescribed application fee" substitute
"application fee fixed by the Minister".
(3) In section 58(2)(c) of the Water Act 1989, for
"prescribed application fee" substitute
"application fee fixed by the Minister".
25 (4) In section 62(4)(c) of the Water Act 1989, for
"prescribed application fee" substitute
"application fee fixed by the Minister".
(5) In section 67(2)(c)(i) of the Water Act 1989, for
"prescribed application fee" substitute
30 "application fee fixed by the Minister".
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(6) In section 72(2)(c) of the Water Act 1989, for
"prescribed application fee" substitute
"application fee fixed by the Minister".
(7) In section 74(4)(c) of the Water Act 1989, for
5 "prescribed application fee" substitute
"application fee fixed by the Minister".
(8) In section 76(2)(c) of the Water Act 1989, for
"prescribed application fee" substitute
"application fee fixed by the Minister".
10 18. Fee for information statement
In section 158(2)(c) of the Water Act 1989, for
"prescribed fee" substitute "fee fixed by the
Authority for applications under this section".
19. Supply of water for domestic and stock use
15 In section 222 of the Water Act 1989, after sub-
section (3) insert--
"(4) Nothing in this Act entitles the owner or
occupier of a holding in an irrigation district
of an Authority to the supply of water for
20 domestic and stock use other than during an
irrigation period.".
20. New section 226AA inserted
After section 226 of the Water Act 1989 insert--
"226AA. Permanent transfer of water rights
25 interstate
(1) Subject to this section, the owner of a
holding within a prescribed irrigation district
may, in accordance with this section and the
regulations made under section 228,
30 permanently transfer to the owner or
occupier of any land outside Victoria
(including the transferor as the owner or
occupier of any other land) any water rights
that are attached to the holding.
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s. 20
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(2) A transfer under this section may only be
made--
(a) with the approval of the Authority in
whose district the holding of the
5 transferor is located; and
(b) with the consent of each person who
has a prescribed interest in the holding
of the transferor.
(3) A person who proposes to transfer water
10 rights under this section must, at least 28
days before applying under sub-section (4),
cause notice of the proposed application to
be published in a newspaper circulating
generally in the area concerned.
15 (4) An application to the Authority in whose
district the holding of the proposed transferor
is located for approval of a transfer must be
in the prescribed form and accompanied
by--
20 (a) a copy of the written consent to the
transfer of each person who has a
prescribed interest in the holding of the
proposed transferor; and
(b) a copy of--
25 (i) in the case of land under the
Transfer of Land Act 1958, the
Crown grant or certificate of title;
or
(ii) in any other case--
30 (A) the last conveyance in the
chain of title to the land; or
(B) any other document that
gives evidence of the
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s. 20
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proposed transferor's title to
the land; and
(c) a copy of the notice published under
sub-section (3); and
5 (d) a statutory declaration made by the
proposed transferor setting out the
names and addresses of each person
known by the proposed transferor to
have a prescribed interest in the
10 holding; and
(e) the fee fixed by the Authority for such
applications.
(5) An Authority must not approve a transfer
under this section unless it is satisfied that
15 each person whom it knows, or ought to
have known, to have a prescribed interest in
the holding has consented to the transfer.
(6) In determining whether to give approval, an
Authority must have regard to guidelines
20 determined by the Minister under section
224B.
(7) A transfer of water rights under this section
made for valuable consideration and in good
faith to a person who, at the time of the
25 transfer, did not have notice of the prescribed
interest of a person in the holding is not
liable to be set aside on the ground that the
holder of that prescribed interest had not
consented to the transfer.
30 (8) A transfer takes effect subject to the
prescribed terms and conditions and to any
other terms and conditions of which notice is
given to the parties by the Authority when
the transfer is approved.
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(9) Subject to this Act, the Authority that has the
irrigation district referred to in sub-section
(1) must arrange for the supply to the land of
the transferee of any volume of water which
5 would, if the transfer had not been approved,
have been supplied to the holding of the
transferor.
(10) A transfer under this section detaches the
water rights that are the subject of the
10 transfer from the holding of the transferor.
(11) A person may apply to the Administrative
Appeals Tribunal for review of a decision by
an Authority to refuse to approve a transfer
under this section.".
15 21. New Division 1 substituted in Part 13
For Division 1 of Part 13 of the Water Act 1989
substitute--
"Division 1--Corporate Plans
247. Corporate plans
20 (1) An Authority must prepare a corporate plan
and submit it to the Minister--
(a) on or before the date specified by the
Minister; or
(b) if no such date is specified, at least 2
25 months before it intends to implement
the plan or any part of it.
(2) A corporate plan must be in or to the effect
of a form approved by the Minister and must
include--
30 (a) a statement of corporate intent in
accordance with section 248;
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s. 21
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(b) a business plan and financial statements
containing the information that the
Minister requires;
(c) a pricing proposal containing the
5 information that the Minister requires.
(3) An Authority 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
10 time, directs in writing any variations that
the Minister thinks fit to be made in any
corporate plan submitted in accordance with
this section.
(4) The Minister must publish in the
15 Government Gazette any direction made
under sub-section (3).
(5) The Minister must not give a direction under
sub-section (3) without first having
consulted the Authority about the direction.
20 (6) An Authority 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
25 Minister details of the proposed deviation.
(7) The Minister may issue guidelines as to what
are major deviations for the purposes of sub-
section (6).
(8) The corporate plan of an Authority at any
30 time is that plan as varied under sub-section
(3), or as revised by any deviation under sub-
section (6), at that time.
(9) Despite any other provision, an Authority
must not set tariffs and other charges
29
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Water Acts (Further Amendment) Act 1997
s. 22
Act No.
otherwise than in accordance with its
corporate plan.
248. Statement of corporate intent: contents
Each statement of corporate intent must
5 specify for the Authority, in respect of the
financial year to which it relates and each of
the 4 following financial years, the following
information--
(a) the business objectives of the
10 Authority;
(b) the main business undertakings of the
Authority;
(c) the nature and scope of the activities to
be undertaken by the Authority;
15 (d) the performance targets and other
measures by which the Authority may
be judged in relation to its business
objectives;
(e) the kind of information to be provided
20 to the Minister by the Authority during
the course of those financial years;
(f) any other matters that may be agreed on
by the Minister and the Authority from
time to time.
25 249. Inspection of corporate plans
An Authority must make sure that an up to
date copy of its corporate plan is available at
its office during its business hours for
inspection on request.".
30 22. Amendments consequential on section 21
(1) In section 1(l) of the Water Act 1989, for
"business" substitute "corporate".
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s. 23
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(2) In section 266(1)(c) of the Water Act 1989, for
"business" substitute "corporate".
23. New section 253A inserted
In Division 3 of Part 13 of the Water Act 1989,
5 after section 253 insert--
"253A. Payments by Treasurer in 1997/98
(1) The Treasurer may, during the financial year
commencing on 1 July 1997, pay out of the
Consolidated Fund (which is to the necessary
10 extent appropriated accordingly) to an
Authority that has a water supply district and
a sewerage district an amount determined by
the Treasurer in respect of that Authority.
(2) The aggregate amount that may be paid to
15 Authorities under sub-section (1) shall not
exceed the sum of $410 000 000.".
24. Tariffs
(1) In section 258 of the Water Act 1989, after sub-
section (1) insert--
20 "(1A) A tariff that is not based on the valuation of a
property may only be set in relation to land
that is not rateable under section 154 of the
Local Government Act 1989 and that is
within a water district or a sewerage district
25 of an Authority if the land is connected to
the Authority's works.".
(2) In section 259(1) of the Water Act 1989, at the
end of paragraph (c) insert--
"; and
30 (d) a tariff on any properties for the purposes of
a management plan for a groundwater supply
protection area.".
31
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25. Waiver
(1) In section 283 of the Water Act 1989, after sub-
section (3A) insert--
"(3B) The Minister after consultation with the
5 Treasurer may, by Order published in the
Government Gazette, make provision for or
with respect to specifying circumstances in
which, the manner in which and the extent to
which an Authority that has a water supply
10 district or a sewerage district must waive all
or part of any amount due to it.
(3C) An Authority must, on the application in the
form approved by the Authority of a person
entitled by an Order under sub-section (3B)
15 to so apply, in accordance with that Order,
waive all or part of any amount due to it.
(3D) An Order under sub-section (3B) must not be
inconsistent with any regulations made for or
with respect to waivers under sub-section
20 (3).".
(2) In section 283(4)(a) of the Water Act 1989, for
"or (3)" substitute ", (3) or (3C)".
(3) In section 284 of the Water Act 1989, for sub-
section (1) substitute--
25 "(1) The Minister must ensure that an Authority
is reimbursed by the State any amount
waived by the Authority in accordance with
section 283(3) or (3C).".
(4) In section 284(2) of the Water Act 1989--
30 (a) omit "that requests a payment under this
section";
(b) for "Treasurer requires" substitute "Minister
or the Treasurer may require for the purposes
of sub-section (1)".
32
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(5) In section 306(1)(b) of the Water Act 1989, after
"80" insert ", 283(3B)".
_______________
33
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Water Acts (Further Amendment) Act 1997
s. 26
Act No.
PART 4--AMENDMENT OF WATER INDUSTRY ACT 1994
26. Definitions
No. 121/1994. In section 3(1) of the Water Industry Act 1994,
Reprint No. 2
before the definition of "authorised person"
as at 1 August
5 insert--
1997.
' "analyst" means a person approved by a
licensee to carry out analyses on behalf of
the licensee for the purposes of this Act and
the Water Act 1989;'.
10 27. Power of Governor in Council to regulate pricing
(1) In section 21A(1) of the Water Industry Act
1994, for paragraph (d) substitute--
"(d) the setting of any tariff by Melbourne Water
Corporation under the MMBW Act.".
15 (2) In section 21A(2) of the Water Industry Act
1994, after paragraph (c) insert--
"(ca) fixing a zero amount of fees or charges in
relation to a specified service or thing
supplied or provided to a specified class of
20 property;
(cb) specifying a formula (by reference to the
amount of water supplied to the property
during any period or any other specified
factor) according to which the amount of
25 sewage disposal charge payable in respect of
a property of a specified class may be
calculated;".
(3) In section 21A(3)(c)(i) of the Water Industry
Act 1994, after "date" insert ", or in the
30 circumstances,".
34
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28. Sanitary service charge
(1) In section 22(1) of the Water Industry Act 1994,
in column 3 of the item in the Table relating to a
sanitary service charge, after "that Act" insert
5 "and that is exempt from a sewage disposal
charge".
(2) In section 22 of the Water Industry Act 1994,
after sub-section (3B) insert--
"(4) A licensee must refund or credit to the
10 customer an amount equal to any amount of
sanitary service charge paid in respect of a
period during which the property is exempt
from such a charge by reason of it not being
exempt from a sewage disposal charge
15 during that period.".
(3) In section 22(1) of the Water Industry Act 1994,
the items in the Table relating to a sanitary service
charge are repealed.
(4) Sections 22(3B) and 25(3) and (4) of the Water
20 Industry Act 1994 are repealed.
29. Liability of occupier
In section 23(1)(a) of the Water Industry Act
1994, for the expression beginning "a tenancy
agreement" and ending "applies (whether wholly
25 or partly)" substitute "an agreement or lease".
30. Exemptions from charges
(1) Section 25(1) of the Water Industry Act 1994 is
repealed.
(2) In section 25(2) of the Water Industry Act
30 1994--
(a) paragraph (a) is repealed;
(b) paragraph (b) is repealed;
(c) in paragraph (c)--
35
531133B.I1-30/10/97
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s. 31
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(i) after "1989" insert "or Part X of the
MMBW Act";
(ii) after "payable" insert ", being a fee
imposed for the provision of a service
5 of the same kind as that to which the
service charge relates";
(d) in paragraph (d), for sub-paragraphs (i) and
(ii) substitute "the licensee otherwise than in
accordance with this Division".
10 (3) Section 25(2A) of the Water Industry Act 1994
is repealed.
31. Concessions etc. in respect of charges
(1) In section 26(1) of the Water Industry Act 1994,
for "Regulations may be made under this Act"
15 substitute "The Minister after consultation with
the Treasurer may, by Order published in the
Government Gazette, make provision".
(2) In section 26(2) of the Water Industry Act
1994--
20 (a) for "prescribed form" substitute "form
approved by the licensee";
(b) for "the regulations" (where first occurring)
substitute "an Order under sub-section (1)";
(c) for "the regulations" (where secondly
25 occurring) substitute "that Order".
(3) In section 26 of the Water Industry Act 1994,
after sub-section (2) insert--
"(3) A person must not--
(a) give false or misleading information to
30 a licensee in or in relation to an
application under sub-section (2); or
36
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s. 32
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(b) fail to advise a licensee of any change
in circumstances which is material to
the application.
Penalty: 10 penalty units.
5 (4) The Minister must ensure that a licensee is
reimbursed by the State any amount remitted
or excused by the licensee in accordance
with an Order under sub-section (1).
(5) A licensee must provide any information that
10 the Minister or the Treasurer may require for
the purposes of sub-section (4).".
32. Power of Treasurer to direct MWC to make payments
to licensees
Section 34 of the Water Industry Act 1994 is
15 repealed.
33. Regulations about water supply
In section 51 of the Water Industry Act 1994,
paragraphs (a) and (b) are repealed.
34. Control over connections
20 In section 63 of the Water Industry Act 1994,
after sub-section (4) insert--
"(4A) Terms and conditions subject to which the
licensee agrees to permit a connection to its
works are binding on the successors in title
25 of the person who served the notice under
sub-section (2).".
35. New Division 1A inserted in Part 3
In Part 3 of the Water Industry Act 1994, after
Division 1 insert--
37
531133B.I1-30/10/97
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s. 35
Act No.
"Division 1A--Drought Response Plans and
Emergency Management Plans
78A. Application of this Division
This Division applies to a licensee who is the
5 holder of a water licence or a water and
sewerage licence.
78B. Preparation and adoption of plans
(1) A licensee must prepare a drought response
plan and an emergency management plan
10 and submit any such plan to the Minister for
approval on or before the date specified by
the Minister.
(2) In preparing a plan, a licensee must have
regard to any written guidelines issued by
15 the Minister and served on the licensee
concerning the form of, and the information
to be contained in, such a plan.
(3) Without limiting sub-section (2), a plan must
contain a Schedule setting out--
20 (a) restrictions or prohibitions on the use of
water; or
(b) restrictions or prohibitions on the use of
water in 2 or more stages of varying
severity capable of being separately
25 implemented--
in any area, or a specified part of any area, in
respect of which the licensee has the
function of providing a water supply system.
(4) Without limiting sub-section (3), a restriction
30 may require a use of water to be approved by
a specified person or a specified class of
person.
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s. 35
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(5) Before submitting a plan to the Minister
under sub-section (1), a licensee must ensure
that a notice in accordance with sub-section
(6) is published in a newspaper circulating
5 generally in any area capable of being
affected by the plan.
(6) A notice must--
(a) summarise the restrictions and
prohibitions proposed by the plan;
10 (b) specify where a copy of the proposed
plan can be obtained;
(c) invite public comments or submissions
within such time (being not less than 28
days from the publication of the notice)
15 as is specified in the notice.
(7) A licensee must ensure that all comments
and submissions received before the date
specified in the notice are considered, and
any variations to the proposed plan that the
20 licensee thinks fit are made, before the
proposed plan is submitted to the Minister
under sub-section (1).
(8) A licensee must adopt a plan as approved by
the Minister under sub-section (1).
25 78C. Variation of plan
(1) A licensee may at any time, in accordance
with this section, make any variations to an
adopted drought response plan or emergency
management plan that it thinks fit.
30 (2) Before making any variation to an adopted
plan, a licensee must submit the proposed
variation to the Minister for approval.
(3) The Minister may at any time, by notice
served on the licensee, require a licensee to
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s. 35
Act No.
review a drought response plan or
emergency management plan and submit a
revised plan to the Minister for approval on
or before the date specified by the Minister.
5 (4) Except with the approval of the Minister,
before submitting a proposed variation or
revised plan to the Minister under sub-
section (2) or (3), a licensee must ensure that
a notice in accordance with sub-section (5) is
10 published in a newspaper circulating
generally in any area capable of being
affected by the proposed variation or the
revised plan.
(5) A notice must--
15 (a) summarise the proposed variation or
revised plan;
(b) specify where a copy of the proposed
variation or revised plan can be
obtained;
20 (c) invite public comments or submissions
within such time (being not less than 28
days from the publication of the notice)
as is specified in the notice.
(6) A licensee must ensure that all comments
25 and submissions received before the date
specified in the notice are considered, and
any changes to the proposed variation or
variations to the proposed revised plan that
the licensee thinks fit are made, before the
30 proposed variation or revised plan is
submitted to the Minister under sub-section
(2) or (3).
(7) A licensee must vary a drought response
plan or emergency management plan, or
35 adopt a revised drought response plan or
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s. 35
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emergency management plan as approved by
the Minister under sub-section (2) or (3).
78D. Emergency
(1) The Governor in Council may, on the
5 recommendation of the Minister, by Order
published in the Government Gazette--
(a) require a licensee to take a specified
action in relation to a specified area
during a specified period or in specified
10 circumstances;
(b) vary a drought response plan or
emergency management plan of a
licensee.
(2) The Minister must not recommend to the
15 Governor in Council the making of an Order
under sub-section (1) unless he or she is
satisfied that an emergency or water shortage
exists in the area to which the Order is to
apply and that the making of the Order is
20 necessary to deal with that emergency or
water shortage.
(3) An Order under sub-section (1) has effect
despite anything to the contrary in a drought
response plan or emergency management
25 plan.
78E. Major deviations from plan
(1) Except to the extent required by an Order
under section 78D(1), a licensee must not
make a major deviation from a drought
30 response plan or emergency management
plan.
(2) The Minister may issue guidelines as to what
are major deviations for the purposes of sub-
section (1).
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78F. Copy of plan
(1) The drought response plan or emergency
management plan of a licensee at any time is
that plan adopted in accordance with section
5 78B as varied under section 78C or by an
Order under section 78D(1) at that time.
(2) A licensee must ensure that an up to date
copy of its drought response plan and
emergency management plan is available at
10 its offices during business hours for
inspection on request.
78G. Implementation of plan
(1) A licensee may implement--
(a) a drought response plan or emergency
15 management plan at any time after it
has been adopted by the licensee in
accordance with section 78B;
(b) a variation to an adopted drought
response plan or emergency
20 management plan made in accordance
with section 78C.
(2) Implementation involving the imposition or
removal of restrictions or prohibitions, or the
substitution of a different stage of
25 restrictions or prohibitions, on the use of
water in an area may be effected by the
licensee publishing a notice in a newspaper
circulating generally in the area specifying--
(a) the restrictions and prohibitions
30 imposed or being substituted or
removed; and
(b) the area to which they apply or applied;
and
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(c) the time from which they apply or
cease to apply, not being earlier than
the day of publication of the notice.
(3) A person cannot be convicted of an offence
5 against section 78H in respect of a
contravention of a restriction or prohibition
on the use of water contained in a drought
response plan or emergency management
plan if prior to the relevant time notice of the
10 particular restriction or prohibition had not
been published in accordance with sub-
section (2).
78H. Contravention of plan
A person who receives a supply of water
15 from a licensee must not, after receiving a
warning notice from the licensee, contravene
a restriction or prohibition on the use of that
water contained in a drought response plan
or emergency management plan of the
20 licensee.
Penalty: For a first offence, 20 penalty
units or imprisonment for 3
months;
For a subsequent offence, 40
25 penalty units or imprisonment for
6 months;
For a continuing offence, an
additional penalty of 5 penalty
units for each day on which the
30 offence continues after service of
a notice of contravention on the
person under section 69.".
36. Review of valuation equalisation factors
In section 139 of the Water Industry Act 1994,
35 after sub-section (3C) insert--
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s. 37
Act No.
"(3CA) Nothing in section 266(6) of the Water Act
1989 applies to the calculation or application
of a valuation equalisation factor under this
section.".
5 37. Taxes
At the end of section 165 of the Water Industry
Act 1994 insert--
"(2) No stamp duty or other tax is chargeable
under any Act in respect of any transaction
10 entered into or instrument made, executed,
lodged or given for the purpose of, or
connected with, the transfer otherwise than
under this Part to Melbourne Water
Corporation, Melbourne Parks and
15 Waterways or a company licensee of
property arising out of a subdivision of
property of Melbourne Water Corporation or
of former Melbourne Water property.".
38. General evidentiary provisions
20 In section 177 of the Water Industry Act 1994,
after sub-section (3) insert--
"(4) In any proceeding under this Act or the
regulations until evidence is given to the
contrary proof is not required as to any of the
25 following--
(a) the issue of a licence to a licensee;
(b) the due appointment of the directors of
a licensee;
(c) the employment of any person by a
30 licensee;
(d) the authorisation of a person by a
licensee to do any act or for any
particular purpose;
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s. 38
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(e) the size, location or boundaries of any
area for which a licence is issued to a
licensee;
(f) the fact that a particular property is
5 located within a particular area;
(g) the presence of a quorum at any
meeting of a licensee;
(h) that a document purporting to be made
or issued by a licensee was made or
10 issued by that licensee;
(i) the validity of the contents of any
records or minutes of a licensee.
(5) A document purporting--
(a) to be a map or plan made or issued by a
15 licensee, whether before or after the
commencement of section 38 of the
Water Acts (Further Amendment)
Act 1997; and
(b) to show the location of any land or
20 works or other thing or the physical
features of any area; and
(c) to be verified by an authorised
person--
is admissible in evidence in any proceeding
25 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.
(6) In any proceeding under this Act or the
regulations--
30 (a) evidence that a person is liable to a
service charge or usage charge in
respect of any property; or
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(b) evidence that a person's name appears
in any records kept by a licensee as the
owner or occupier of any property; or
(c) evidence by the certificate of the
5 Registrar of Titles or any Deputy
Registrar of Titles or Assistant
Registrar of Titles and authenticated by
the seal of the Office of Titles that a
person's name appears in the Register
10 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 property; or
(d) evidence by the certificate of the
15 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 property--
20 is, in the absence of evidence to the contrary,
proof that that person is the owner or
occupier (as the case requires) of that
property.
(7) In any proceeding under this Act or the
25 regulations, the statement of any person that
on a particular date he or she was an officer
of a corporation is admissible in evidence
and, in the absence of evidence to the
contrary, is proof that on that date he or she
30 was an officer of that corporation.".
39. New sections 177A to 177C inserted
After section 177 of the Water Industry Act
1994 insert--
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s. 39
Act No.
"177A. Use of analyst's certificate in prosecutions
(1) If in respect of a proceeding for an offence
against this Act or against any regulation
made under this Act a copy of an analyst's
5 certificate is obtained on behalf of the
informant and served with the summons to
answer to the charge, the analyst's certificate
is admissible in evidence and, in the absence
of evidence to the contrary, is proof of the
10 matters stated in it and of the facts on which
they are based unless the defendant has at
least 7 days before the mention date given
written notice to the informant requiring the
analyst to be called as a witness.
15 (2) 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 and the
evidence of service must state that a copy of
20 the certificate was served with the summons.
177B. Authentication of documents
Despite anything to the contrary in any other
Act, a document requiring authentication by
a licensee may be sufficiently authenticated
25 without the seal of the licensee if signed by
an authorised person.
177C. Discharges into works etc.
(1) Any instrument or monitoring, recording or
other equipment or installation used by an
30 authorised person or an analyst in connection
with any evidence given in a proceeding
under this Act or the regulations relating to
the discharge of anything into the works of a
licensee or a sewerage system under the
35 control and management of a licensee must
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be presumed, until the contrary is proved, to
be accurate and precise.
(2) Despite the rule against hearsay, the results
of any analysis based on any analytical
5 techniques which by their nature infringe
that rule are admissible in evidence in any
proceeding referred to in sub-section (1).
(3) Each attribute of a sample taken under this
Act or the regulations must for the purpose
10 of any proceeding referred to in sub-section
(1) be presumed, until the contrary is proved,
not to be materially affected by its method of
storage or preservation.
(4) A finding by a court that an attribute of a
15 sample referred to in sub-section (3) was
materially affected by its method of storage
or preservation does not rebut the
presumption created by that sub-section in
relation to the other attributes of the sample.
20 (5) If--
(a) a corporation has entered into a trade
waste agreement with a licensee; and
(b) that corporation shares premises with a
corporation that is a subsidiary of that
25 corporation within the meaning of the
Corporations Law; and
(c) there occurs on the premises an act or
omission that is capable of constituting
a contravention of the trade waste
30 agreement--
the corporation that entered into the trade
waste agreement must be presumed, for the
purpose of any proceeding under this Act or
the regulations relating to that contravention,
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s. 40
Act No.
to have caused that act or omission until the
contrary is proved.
(6) For the purpose of any proceeding under this
Act or the regulations, anything found in a
5 sewer on a property or which exclusively
services a property or in any drain or other
works on a property connected to such a
sewer, must be presumed, in the absence of
evidence to the contrary, to have been
10 discharged into that sewer, drain or other
works by the occupier of that property.".
40. Statute law revision
(1) In section 50(d)(iii)(D) of the Water Industry
Act 1994, omit "and".
15 (2) In section 58(4)(b) of the Water Industry Act
1994, before "there" insert "if".
_______________
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s. 41
Act No.
PART 5--AMENDMENT OF OTHER ACTS
No. 10082. 41. Food Act 1984
Reprint No. 4
For paragraph (i) of the definition of "food" in
as at 19 June
1997.
section 4(1) of the Food Act 1984 substitute--
5 "(i) water supplied by--
(A) the holder of a water licence, water and
sewerage licence or water headworks
licence issued under Division 1 of Part
2 of the Water Industry Act 1994; or
10 (B) an Authority within the meaning of the
Water Act 1989 that has a water
district; or
(C) a council performing water supply
functions under the Local Government
15 Act 1989; or
(D) Melbourne Water Corporation--
from its works in the exercise of its power to
supply water;".
42. Health Act 1958
No. 6270.
20 In section 81 of the Health Act 1958, after sub-
Reprint No. 8
section (2) insert--
as at 26 June
1997.
'(3) In this section "water supply authority"
means--
(a) the holder of a water licence, water and
25 sewerage licence or water headworks
licence issued under Division 1 of Part
2 of the Water Industry Act 1994; or
(b) an Authority within the meaning of the
Water Act 1989 that has a water
30 district; or
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s. 43
Act No.
(c) a council performing water supply
functions under the Local Government
Act 1989; or
(d) Melbourne Water Corporation.'.
5 43. Health (Fluoridation) Act 1973
No. 8506.
In section 2 of the Health (Fluoridation)
Reprint No. 1
Act 1973, for the definition of "Water supply as at 12 June
authority" substitute-- 1997.
' "water supply authority" means--
10 (a) the holder of a water licence,
water and sewerage licence or
water headworks licence issued
under Division 1 of Part 2 of the
Water Industry Act 1994; or
15 (b) an Authority within the meaning
of the Water Act 1989 that has a
water district; or
(c) a council performing water
supply functions under the Local
20 Government Act 1989; or
(d) Melbourne Water Corporation.'.
44. New section 13 inserted in Health (Fluoridation) Act
1973
After section 12 of the Health (Fluoridation) Act
25 1973 insert--
"13. Supreme Court--limitation of jurisdiction
It is the intention of section 4, as it applies
with respect to water supply authorities
within the meaning given to that term by this
30 Act as amended by section 43 of the Water
Acts (Further Amendment) Act 1997, to
alter or vary section 85 of the Constitution
Act 1975.".
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s. 45
Act No.
45. Consequential amendment of Melbourne Water
Corporation Act 1992
No. 54/1992. (1) In section 14(1)(f) of the Melbourne Water
Reprint No. 1
Corporation Act 1992, omit ", make and levy
as at 5
5 rates".
December
1996.
(2) In section 15(1)(g) of the Melbourne Water
Corporation Act 1992, omit "or make and levy
rates".
(3) In section 36(b) of the Melbourne Water
10 Corporation Act 1992, omit "the making and
levying of rates,".
(4) In section 36(d) of the Melbourne Water
Corporation Act 1992, omit ", rates" (where
twice occurring).
15 46. Statute law revision
No. 7778. Sections 1, 9 and 17 of the Melbourne and
Metropolitan Board of Works (Amendment)
Act 1968 are repealed.
20
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Water Acts (Further Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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