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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Water Acts (Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF THE WATER ACT 1989 3
3. Conversion of existing entitlements 3
4. Supply of water in irrigation districts 4
5. New section 323A inserted 6
323A. Supreme Court--limitation of jurisdiction 6
6. Water rights in Mildura irrigation area 6
7. Statute law revision 11
PART 3--AMENDMENT OF THE WATER INDUSTRY ACT 1994 12
8. Jurisdiction of VCAT 12
9. Prosecutions 12
10. New section 183A substituted 13
183A. Supreme Court--limitation of jurisdiction 13
11. Statute law revision 13
PART 4--AMENDMENT OF THE MELBOURNE AND
METROPOLITAN BOARD OF WORKS ACT 1958 14
12. Waterways under the jurisdiction of the Melbourne Water
Corporation 14
13. New section 294 inserted 15
294. Validation of certain actions of Board 15
14. Statute law revision 16
NOTES 17
i
532174B.I1-23/3/99
PARLIAMENT OF VICTORIA
A BILL
to amend the Water Act 1989, the Water Industry Act 1994 and the
Melbourne and Metropolitan Board of Works Act 1958 and for
other purposes.
Water Acts (Amendment) Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Water
Act 1989, the Water Industry Act 1994 and the
5 Melbourne and Metropolitan Board of Works
Act 1958 so as to--
1
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Water Acts (Amendment) Act 1999
s. 2
Act No.
(a) provide for the modification of existing bulk
entitlements on conversion into new
entitlements;
(b) provide for the restriction in certain
5 circumstances of water supply in irrigation
districts;
(c) declare the extent to which water rights exist
in the Mildura irrigation area and provide for
the granting of new water rights in that area;
10 (d) clarify the exclusive nature of the
jurisdiction conferred on the Victorian Civil
and Administrative Tribunal in certain
proceedings;
(e) enable persons to be authorised to prosecute
15 only certain offences under the Water
Industry Act 1994;
(f) specify waterways to which Part X of the
Melbourne and Metropolitan Board of
Works Act 1958 applies and validate certain
20 actions of the Melbourne Water Corporation
in relation to certain of those waterways.
2. Commencement
(1) This Act (except sections 6(6), 8 and 10) comes
into operation on the day on which it receives the
25 Royal Assent.
(2) Section 6(6) comes into operation on the first
anniversary of the day on which this Act receives
the Royal Assent.
(3) Sections 8 and 10 are deemed to have come into
30 operation on 25 March 1999.
_______________
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Water Acts (Amendment) Act 1999
s. 3
Act No.
PART 2--AMENDMENT OF THE WATER ACT 1989
3. Conversion of existing entitlements
No. 80/1989.
(1) In section 47(4)(b) of the Water Act 1989, after
Reprint No. 4
"approve it" insert "(with or without as at
5 modification)". 1 October
1998. Further
(2) In section 47 of the Water Act 1989, at the end of amended by
Nos 76/1998
the section insert-- and 85/1998.
"(5) Without limiting sub-section (4)(b), a
modification under that sub-section may
10 provide for the granting of a reduced or
increased entitlement.".
(3) In section 47B(2) of the Water Act 1989, for
"6 months" substitute "2 months".
(4) In section 47B of the Water Act 1989, after sub-
15 section (3) insert--
"(3A) A proposed Order converting the whole or
part of an entitlement referred to in
paragraph (aa), (a) or (b) of section 35(2)
into an entitlement or 2 or more entitlements
20 under this Division may propose the granting
of a reduced or increased entitlement.".
(5) In section 47B of the Water Act 1989, after sub-
section (7) insert--
"(7A) An Order converting the whole or part of an
25 entitlement referred to in paragraph (aa), (a)
or (b) of section 35(2) into an entitlement or
2 or more entitlements under this Division
may provide for the granting of a reduced or
increased entitlement.".
30 (6) In section 223 of the Water Act 1989, for sub-
section (4) substitute--
3
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s. 4
Act No.
"(4) Subject to sub-section (5), the entitlement of
an Authority that has an irrigation district or
the sources of that entitlement may be
amended in accordance with section 44 or
5 converted in accordance with section 47.
(5) Despite anything to the contrary in Division
1 of Part 4, only the Governor in Council has
power to make an Order amending or
converting an entitlement referred to in sub-
10 section (4) and that Division has effect for
this purpose with any necessary
modifications.".
(7) In section 326 of the Water Act 1989, at the end
of the section insert--
15 "(3) The amendments of section 47 made by
section 3(1) and (2) of the Water Acts
(Amendment) Act 1999 apply only with
respect to applications made under section
47 after the commencement of section 3 of
20 that Act.
(4) The amendments of section 47B made by
section 3(3), (4) and (5) of the Water Acts
(Amendment) Act 1999 apply only with
respect to requests made under section
25 47B(1) after the commencement of section 3
of that Act.
(5) The amendments of this Act made by section
3(6) of the Water Acts (Amendment) Act
1999 apply with respect to applications
30 under section 44 or 47 or requests under
section 47B(1), whether made before or after
the commencement of section 3 of that Act.".
4. Supply of water in irrigation districts
(1) In section 222(1) of the Water Act 1989, after
35 "141" insert "and sub-section (1A)".
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Water Acts (Amendment) Act 1999
s. 4
Act No.
(2) In section 222 of the Water Act 1989, after sub-
section (1) insert--
"(1A) Without limiting section 141, an Authority
may reduce or restrict the quantity of water
5 supplied, or discontinue the supply of water,
to the owner or occupier of a holding in its
irrigation district entitled to a supply of
water under any paragraph of sub-section (1)
if the Authority is, because of contamination
10 of water in its water supply system, unable to
supply the quantity of water which would
otherwise be supplied to the owner or
occupier.
(1B) An Authority that reduces, restricts or
15 discontinues the supply of water to an owner
or occupier may reduce or waive any amount
of money payable to it for the supply of
water to the owner or occupier.
(1C) An Authority that reduces, restricts or
20 discontinues the supply of water to an owner
or occupier in accordance with sub-section
(1A) is not liable to any claim or demand in
respect of the reduction, restriction or
discontinuance unless the contamination of
25 water giving rise to the reduction, restriction
or discontinuance occurred as a result of
intentional or negligent conduct (including
an omission) on the part of the Authority.".
(3) In section 222(2) of the Water Act 1989--
30 (a) omit "or supply";
(b) paragraph (a) is repealed.
5
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Water Acts (Amendment) Act 1999
s. 5
Act No.
5. New section 323A inserted
After section 323 of the Water Act 1989 insert--
"323A. Supreme Court--limitation of jurisdiction
It is the intention of section 222(1C) to alter
5 or vary section 85 of the Constitution Act
1975.".
6. Water rights in Mildura irrigation area
(1) In clause 2 of Schedule 6 to the Water Act 1989,
insert--
10 ' "indenture" has the same meaning as it had in the
Mildura Irrigation Trusts and Sunraysia Water
Board Act 1958 immediately before the repeal of that
Act;
"irrigation area" has the same meaning as it had in the
15 Mildura Irrigation Trusts and Sunraysia Water
Board Act 1958 immediately before the repeal of that
Act;'.
(2) In clause 2 of Schedule 6 to the Water Act 1989,
for sub-paragraph (ii) of paragraph (b) of the
20 definition of "irrigable land" substitute--
"(ii) received water from the Trust for irrigation purposes
for any subsequent irrigation period up to the last
irrigation period before the commencement of section
6(3) of the Water Acts (Amendment) Act 1999;".
25 (3) In clause 2 of Schedule 6 to the Water Act 1989,
at the end of the clause insert--
"(2) For the avoidance of doubt it is declared that the mere
delivery by the Trust to land of water bought by the
owner or occupier of that land from a person other
30 than the Trust is not the receipt of water from the
Trust for the purposes of paragraph (b) of the
definition of "irrigable land" in sub-clause (1).".
(4) In Schedule 6 to the Water Act 1989, after
clause 4 insert--
6
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Water Acts (Amendment) Act 1999
s. 6
Act No.
"4A. Extinguishment of certain easements
(1) Any easement or other interest securing a water right,
existing immediately before the commencement of
section 6(4) of the Water Acts (Amendment) Act
5 1999, over land in the irrigation area--
(a) granted in accordance with the indenture; or
(b) arising by force of section 13 of the Mildura
Irrigation Trusts and Sunraysia Water
Board Act 1958 or any corresponding previous
10 enactment--
is extinguished by force of this sub-clause.
(2) This clause has effect despite anything to the contrary
in any Act or law or in a Crown grant of the land.
(3) The Registrar of Titles, on being requested to do so
15 by the Department Head, must make any amendments
to the Register under the Transfer of Land Act 1958
that are necessary because of the operation of this
clause.
4B. Apportionment of water rights
20 (1) Despite anything to the contrary in section 229, the
Trust may apportion, other than by sale or inviting
applications, a volume of water rights to any land
(other than irrigable land) that is within the irrigation
district and on which a fee was imposed under a tariff
25 for irrigation purposes during the financial year that
commenced on 1 July 1998 and during each
subsequent financial year including the financial year
in which the apportionment is made.
(2) The maximum volume of water rights that the Trust
30 may apportion under this clause is 9-144 megalitres of
water per year per hectare of land that, in the opinion
of the Trust, is suitable for cultivation and irrigation.
(3) An apportionment of water rights under this clause is
subject to the terms and conditions of which notice is
35 given to the owner or occupier of the land by the
Trust before the apportionment is made.
(4) Sub-section (6) of section 229 applies to an
apportionment of water rights under this clause in the
same way that it does to an apportionment of water
40 rights under that section.
7
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Water Acts (Amendment) Act 1999
s. 6
Act No.
(5) The Trust must make sure that details of an
apportionment under this clause are entered in the
register of lands kept under section 230.
4C. Register to show water rights
5 (1) The total volume of water rights to be shown in the
register as attached to a holding that is irrigable land
within the irrigation district is--
(a) 9-144 megalitres per hectare each year or the
other amount fixed in relation to that holding
10 by the Governor in Council by Order under
clause 5; and
(b) any water rights that are for the time being
attached to the holding under section 226 or
226A or apportioned or sold to the owner or
15 occupier of land comprised in the holding
under section 229.
(2) Within 12 months after the commencement of section
6(4) of the Water Acts (Amendment) Act 1999 the
Trust must make a determination under section
20 230(2)(c) in relation to each holding that is consistent
with sub-clause (1).
4D. Abolition of other water rights in irrigation district
(1) On and from the first anniversary of the
commencement of section 6(4) of the Water Acts
25 (Amendment) Act 1999, the only water rights
attached to a holding in the irrigation district are those
specified in the register in relation to that holding and
any other water rights attached to that holding
immediately before that anniversary (whether arising
30 by force of an Act or at common law or in accordance
with the indenture) are abolished.
(2) Sub-clause (1) is subject to any revision of the
register made in accordance with section 230.
35
(3) Sub-clause (1) does not limit--
(a) clause 4A; or
(b) the application of sub-section (7) of section 8 to
rights described in that sub-section.
8
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Water Acts (Amendment) Act 1999
s. 6
Act No.
4E. Minister may issue licence without application
(1) Despite anything to the contrary in this Act, the
Minister may, without any application having been
made in that behalf, issue a licence under section 51
5 to a person whom the Minister is satisfied--
(a) is the owner or occupier for the time being of
any land within the irrigation area but outside
the irrigation district; and
(b) does not hold a licence issued under section 51
10 to take and use water from the River Murray
for the purposes of that land; and
(c) had in the last irrigation period before the
commencement of section 6(4) of the Water
Acts (Amendment) Act 1999 taken water from
15 the River Murray in the exercise of, or
purportedly in the exercise of, an entitlement
granted by clause 6 or the indenture.
(2) Without limiting any other conditions that may be
imposed on the licence under section 56, a licence
20 issued under section 51 in accordance with sub-clause
(1) must allocate not less than 9-144 megalitres of
water per year per hectare of land that, in the opinion
of the Minister, is being cultivated and irrigated.
(3) A licence issued under section 51 in accordance with
25 sub-clause (1) may be renewed, amended, revoked,
surrendered or transferred in accordance with
Division 2 of Part 4.
(4) For the purposes of section 64D, a power of the
Minister under this clause must be taken to be a
30 power of the Minister under Division 2 of Part 4.
(5) Nothing in this clause prevents a person from making
an application under section 51 for the issue of a
licence to take and use water from the River Murray.
4F. Abolition of other water rights outside irrigation
35 district
(1) On the issue of a licence under section 51 in
accordance with clause 4E(1) to the owner or
occupier for the time being of any land within the
irrigation area to take and use water from the River
40 Murray for the purposes of that land, any rights of
that owner or occupier--
9
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Water Acts (Amendment) Act 1999
s. 6
Act No.
(a) to take or use water; or
(b) to obstruct or deflect the flow of water; or
(c) to receive any particular flow of water--
that the owner or occupier, but for this sub-clause,
5 might have had with respect to that land because of,
or as an incident to, that ownership or occupation
(whether arising by force of an Act or at common law
or in accordance with the indenture) are abolished.
(2) Any rights of an owner or occupier for the time being
10 of any land within the irrigation area but outside the
irrigation district (other than an owner or occupier of
land to whom a licence could be issued under section
51 in accordance with clause 4E(1) for the purposes
of that land at any time after the commencement of
15 section 6(4) of the Water Acts (Amendment) Act
1999)--
(a) to take or use water; or
(b) to obstruct or deflect the flow of water; or
(c) to receive any particular flow of water--
20 that the owner or occupier, but for this sub-clause,
might have had with respect to that land because of,
or as an incident to, that ownership or occupation
(whether arising by force of an Act or at common law
or in accordance with the indenture) are abolished.
25 (3) Sub-clause (1) or (2) does not limit--
(a) clause 4A; or
(b) the application of sub-section (7) of section 8 to
rights described in that sub-section.
(4) Nothing in sub-clause (2) affects a licence issued to
30 an owner or occupier of land under section 51 or any
water rights attached to a holding within an irrigation
district and shown, or required by any provision of
this Act to be shown, in the register kept by an
Authority for that irrigation district.".
35 (5) In clause 5 of Schedule 6 to the Water Act 1989,
at the end of the clause insert--
"(2) The power conferred by this clause to make an Order
may be exercised--
10
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Water Acts (Amendment) Act 1999
s. 7
Act No.
(a) either in relation to all cases to which the power
extends, or in relation to all those cases subject
to specified exceptions, or in relation to any
specified case or class of case; and
5 (b) so as to make, as respects the cases in relation to
which the power is exercised--
(i) the same provision for all cases in relation
to which the power is exercised, or
different provisions for different cases or
10 classes of case, or different provisions for
the same case or class of case for different
purposes; or
(ii) any such provision either unconditionally
or subject to any specified condition.".
15 (6) Clause 5 of Schedule 6 to the Water Act 1989 is
repealed.
(7) Clause 6 of Schedule 6 to the Water Act 1989 is
repealed.
7. Statute law revision
20 In section 100(3) of the Water Act 1989--
(a) for "(a)" (where secondly occurring)
substitute "(c)";
(b) for "(b)" (where secondly occurring)
substitute "(d)".
25 _______________
11
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Water Acts (Amendment) Act 1999
s. 8
9
Act No.
PART 3--AMENDMENT OF THE WATER INDUSTRY ACT
1994
8. Jurisdiction of VCAT
No. 121/1994. In section 74A of the Water Industry Act 1994,
Reprint No. 3
5 for sub-section (5) substitute--
as at
1 January
"(5) On and from 25 March 1999 a proceeding
1999.
based on a cause of action of a kind referred
to in section 74(1) (other than a claim for
damages for personal injury) must not be
10 brought otherwise than in the Tribunal.
(6) If on or after 25 March 1999 and before the
passing of the Water Acts (Amendment)
Act 1999 a person brings a proceeding to
which sub-section (5) applies in the Supreme
15 Court, the County Court or the Magistrates'
Court and as at immediately before that
passing the proceeding had not been finally
determined, the Court must make an order
striking out the proceeding on the
20 application of a party to the proceeding made
at any time after that passing.
(7) Nothing in sub-section (5) invalidates an
order made by a court in a proceeding to
which sub-section (5) applies that had been
25 finally determined by that court before the
passing of the Water Acts (Amendment)
Act 1999.
(8) Nothing in sub-section (5) invalidates an
order made by a court on an application
30 under sub-section (6), including an order
with respect to the costs of the proceeding
brought in contravention of sub-section (5).".
9. Prosecutions
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Water Acts (Amendment) Act 1999
Act No.
In section 179 of the Water Industry Act 1994,
after sub-section (1) insert--
"(1A) Without limiting section 184, regulations
made for the purposes of sub-section (1)(b)
5 may prescribe a person or a class of persons
in relation to all offences against this Act or
the regulations made under this Act or in
relation to a specified offence or class of
offence.".
10 10. New section 183A substituted
For section 183A of the Water Industry Act
1994 substitute--
"183A. Supreme Court--limitation of jurisdiction
It is the intention of section 74A(5) (as
15 substituted by section 8 of the Water Acts
(Amendment) Act 1999) and section
74A(6) to alter or vary section 85 of the
Constitution Act 1975.".
11. Statute law revision
20 (1) In section 38 of the Water Industry Act 1994,
for "(2) An inspector" substitute "(2A) An
inspector".
(2) Parts 7, 8 and 9 of the Water Industry Act 1994
are repealed.
25 _______________
13
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Water Acts (Amendment) Act 1999
s. 12
Act No.
PART 4--AMENDMENT OF THE MELBOURNE AND
METROPOLITAN BOARD OF WORKS ACT 1958
12. Waterways under the jurisdiction of the Melbourne
Water Corporation
No. 6310.
5 (1) In section 150 of the Melbourne and
Reprint No. 8
Metropolitan Board of Works Act 1958, for
as at 17 April
"public waterways within the metropolis"
1997. Further
amended by
substitute "waterways to which Part X applies".
Nos 38/1997,
45/1997,
(2) In section 259 of the Melbourne and
104/1997,
10 Metropolitan Board of Works Act 1958, for
110/1997,
46/1998 and
sub-section (2) substitute--
76/1998.
"(2) The waterways to which this Part applies are
all the waterways or portions of waterways
within the metropolis, including any
15 tributaries or portions of tributaries of those
waterways, to the extent to which they are
within the metropolis except--
(a) any waterway to the extent to which it
is within port waters of the port of
20 Melbourne under the Port Services Act
1995 or waters under the control of a
local authority within the meaning of
the Marine Act 1988; and
(b) any waterway to the extent to which it
25 is within an area referred to in section
110(1)(b) of the Water Industry Act
1994 and declared by an Order made
under Division 3 of Part 10 of the
Water Act 1989 to be an area to which
30 that Division applies; and
(c) that section of the Yarra River from its
mouth up to the downstream side of the
bridge constructed over the river
adjacent to North Wharf as part of the
14
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Water Acts (Amendment) Act 1999
s. 13
Act No.
Project within the meaning of the
Melbourne City Link Act 1995; and
(d) that section of the Maribyrnong River
from its mouth up to the downstream
5 side of Shepherds Bridge; and
(e) that section of the Moonee Ponds Creek
from its mouth up to the downstream
side of the Footscray Road Bridge; and
(f) that section of the Stony Creek in
10 Yarraville from its mouth up to the
downstream side of the Hyde Street
Bridge.".
(3) Section 271 of the Melbourne and Metropolitan
Board of Works Act 1958 is repealed.
15 (4) In section 293 of the Melbourne and
Metropolitan Board of Works Act 1958, omit
"any waterways specified in the Twelfth Schedule
to this Act, or of".
(5) The Twelfth Schedule to the Melbourne and
20 Metropolitan Board of Works Act 1958 is
repealed.
13. New section 294 inserted
In Part X of the Melbourne and Metropolitan
Board of Works Act 1958, after section 293A
25 insert--
"294. Validation of certain actions of Board
Anything done or purported to have been
done by the Board under this Act, before the
commencement of section 12(2) of the
30 Water Acts (Amendment) Act 1999, that
would have been validly done had that
section come into operation before the time
at which the thing was done or purported to
have been done, has and is deemed always to
15
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Water Acts (Amendment) Act 1999
s. 14
Act No.
have had, the same force and effect as it
would have had if that section had come into
operation before the time at which the thing
was done or purported to have been done.".
5 14. Statute law revision
(1) In section 147 of the Melbourne and
Metropolitan Board of Works Act 1958, for
"the the local" substitute "the local".
No. 38/1990. (2) Section 13 of the Footscray Land (Amendment)
10 Act 1990 is repealed.
16
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Water Acts (Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
17
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Water Acts (Amendment) Act 1999
Act No.
18
532174B.I1-23/3/99
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