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PARLIAMENT OF VICTORIA
Water Amendment (Entitlements) Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO THE WATER ACT 1989 3
3 Definitions 3
4 Private rights to water 4
5 Authority rights to water 5
6 Length of temporary qualification 5
7 New section 33AAD inserted 6
33AAD Conditions on certain qualifications 6
8 Nature of water shares 7
9 Transfer of ownership of water share 7
10 Effect of transfer of limited term transfer 7
11 Assignment of water allocation 8
12 Further assignment of water allocation 8
13 Ministerial approval for transfers and assignments of water
shares 8
14 Application of limited term transfer to division of water share 9
15 Water allocations for water shares 9
16 Section 33AD substituted 9
33AD Declaration for taking of water allocation under water
share in subsequent water season 9
17 Application for determination of cessation as associated water
share 10
18 Effect of death of mortgagee 10
19 Definitions in Division 1 of Part 4 11
20 New sections inserted after section 34 12
34A Grant of bulk entitlement 12
34B Authorisation of entitlement 12
21 Conversion of pre-existing entitlements 12
22 Application for bulk entitlement 12
23 Repeal of referral of bulk entitlement to Governor in Council 12
24 Advertisement of application 13
25 Appointment of panel 13
561166B.I-25/11/2009 i BILL LA INTRODUCTION 25/11/2009
Clause Page
26 Matters to be taken into account in determining application 14
27 Deferral of applications for bulk entitlements 14
28 Determination of application for bulk entitlement 14
29 Order granting bulk entitlement 15
30 Amendment of bulk entitlement by Order 15
31 Section 45 substituted 15
45 Minor amendment of bulk entitlement by notice 15
32 Transfers or assignments of bulk entitlements 16
33 Transfers or assignments of bulk entitlements to irrigators 18
34 Assignments of water allocations to persons outside Victoria 20
35 Compliance with terms of bulk entitlement 21
36 Conversion of licences, water shares or water rights to bulk
entitlements 21
37 Minister may sell unallocated water 22
38 New section inserted after section 47D 23
47DA Declaration for taking of water allocation under bulk
entitlement in subsequent water season 23
39 Repeal of redundant requirement to keep register 24
40 Authorisation of entitlement 24
41 New section inserted after section 48M 24
48MA Declaration for taking of water allocation under
environmental entitlement in subsequent water
season 24
42 Power of environment Minister to delegate 25
43 Amendment of licence on motion of Minister 26
44 New sections inserted after section 59 26
59A Amendment of licence issued under section 51 on
application of licence holder 26
59B Procedure applying to application 26
59C Ministerial consideration of application 27
45 New section 62A inserted 27
62A Declaration for taking of water under a licence in
subsequent water season 27
46 Review of decisions 28
47 Repeal of provision as to periodic amendment of bulk
entitlement 28
48 Seasonal determinations 28
49 Notification of determination 29
50 Notification of determination as to standard water use
conditions 29
51 Variation of conditions of water-use applications 29
52 Responsibilities for water register 29
53 Form and manner of keeping water register 30
54 Disclosure of information 30
561166B.I-25/11/2009 ii BILL LA INTRODUCTION 25/11/2009
Clause Page
55 New Division 1A of Part 5A inserted 31
Division 1A--Minister's functions 31
84EA Functions of Minister as to water register 31
56 Registrar's functions 32
57 Registrar's power of delegation 32
58 Recording of transfers 32
59 Substitution of section 84K 32
84K Recording of legal personal representatives 32
60 Substitution of section 84L 35
84L Recording of survivor of joint ownership or holding 35
61 Priority of recordings 35
62 Information available from water register 36
63 Consideration for transfer 36
64 Giving of notices 36
65 Corporate plans of water corporations 37
66 Application of proceeds of sale of water share 37
67 Sale or transfer of water share cancels encumbrances 37
68 Power to incorporate documents in certain instruments 37
69 Minister's power of delegation 38
70 Power of Minister to give directions 38
71 Regulation making powers 39
72 Repeal of spent provisions 39
73 Repeal of savings and transitional provisions 39
74 Insertion of new section 334 39
334 Certificate as to land taken over by another body 39
75 Recording of discharge of mortgage 40
76 Section 33AV(4) not to apply to converted life tenancies 41
77 Dealings in unconfirmed water shares 41
78 Amendments to the Water Act 1989 in the Schedule 42
PART 3--AMENDMENTS TO THE RESIDENTIAL TENANCIES
ACT 1997 43
79 Amendment of the definition section in the Residential
Tenancies Act 1997 43
80 Substitution of references to A rating in Residential
Tenancies Act 1997 43
PART 4--REPEAL 45
81 Repeal of Act 45
__________________
561166B.I-25/11/2009 iii BILL LA INTRODUCTION 25/11/2009
Clause Page
SCHEDULE--Minor and Consequential Amendments to the
Water Act 1989 46
ENDNOTES 49
561166B.I-25/11/2009 iv BILL LA INTRODUCTION 25/11/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Water Amendment (Entitlements) Bill
2009
A Bill for an Act to amend the Water Act 1989 and the Residential
Tenancies Act 1997 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--
5 (i) to make further provision as to rights to
water in publicly accessible waterways;
and
(ii) to make provision as to the assignment
of water allocations under bulk
10 entitlements and make other
561166B.I-25/11/2009 1 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 1--Preliminary
s. 2
amendments to the provisions as to
bulk entitlements; and
(iii) to alter the meaning of water allocation;
and
5 (iv) to provide for various matters relating
to environmental entitlements; and
(v) to provide for various matters relating
to the provisions for water shares and
the water register; and
10 (vi) to provide for other minor matters
relating to the operation of the Act; and
(b) to amend the Residential Tenancies Act
1997, to make further provision for rating
standards for water appliances in premises to
15 which the Act applies.
2 Commencement
(1) This Act comes into operation on a day or days to
be proclaimed.
(2) If a provision of this Act does not come into
20 operation before 1 January 2011, it comes into
operation on that day.
__________________
561166B.I-25/11/2009 2 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 3
PART 2--AMENDMENTS TO THE WATER ACT 1989
3 Definitions
(1) For the definition of bulk entitlement in section See:
Act No.
3(1) of the Water Act 1989 substitute-- 80/1989.
Reprint No. 9
5 "bulk entitlement means an entitlement granted as at
24 April 2008
under Division 1 of Part 4;". and
amending
(2) For the definition of person in section 3(1) of the Act Nos
Water Act 1989 substitute-- 4/2008,
12/2008,
"person-- 46/2008,
61/2008,
75/2008,
10 (a) in Part 3A, Division 1A of Part 4, 4/2009 and
Part 4B, Part 5A and Schedule 12A, 54/2009.
LawToday:
means an individual or an incorporated www.
body; legislation.
vic.gov.au
(b) in any other part of the Act, means an
15 individual, a body or an association
(incorporated or unincorporated) or a
partnership;".
(3) For the definition of water allocation in section
3(1) of the Water Act 1989 substitute--
20 "water allocation--
(a) in relation to an environmental
entitlement means--
(i) the volume of water determined
under a seasonal determination to
25 be available for the entitlement; or
(ii) if no seasonal determination is
made for the entitlement, the
water that is available to be taken
in any water season, under the
30 terms of the entitlement; or
561166B.I-25/11/2009 3 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 4
(b) in relation to a bulk entitlement
means--
(i) the volume of water determined
under a seasonal determination to
5 be available for the entitlement; or
(ii) if no seasonal determination is
made for the entitlement, the
water that is available to be taken
in any water season, under the
10 terms of the entitlement; or
(c) in relation to a water share, means the
amount of water allocated to the water
share at any particular time, in
accordance with Division 7 of
15 Part 3A;".
4 Private rights to water
For section 8(3) of the Water Act 1989
substitute--
"(3) A person has the right to use water taken by
20 that person from a waterway under
subsection (1)(a), if the water is being used
at the place at which it is taken.
(3A) A person has the right to use water taken by
that person from a waterway under
25 subsection (1)(b), (c) or (d).
(3B) A person has the right to use water taken by
that person from a bore under subsection (1).
(3C) A person has the right to use, while it is
within the waterway or bore, water which
30 that person has the right to take under
subsection (1).".
561166B.I-25/11/2009 4 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 5
5 Authority rights to water
(1) For section 9(1)(a) of the Water Act 1989
substitute--
"(a) under a bulk entitlement; or".
5 (2) For section 9(2)(b) of the Water Act 1989
substitute--
"(b) in the case of a generation company within
the meaning of the Electricity Industry Act
2000, for any purpose connected with the
10 exercise of its functions or powers;".
(3) Sections 9(2)(c) and 9(2)(e) of the Water Act
1989 are repealed.
(4) In section 9(2)(d) of the Water Act 1989--
(a) for "paragraph (e) or (f)" substitute
15 "paragraph (d)";
(b) for "public purpose;" substitute "public
purpose.".
6 Length of temporary qualification
After section 33AAA(2) of the Water Act 1989
20 insert--
"(2A) A declaration under this section remains in
force for the period specified by the Minister
in the declaration.
(2B) A qualification to rights in a declaration
25 under this section remains in force--
(a) for the period for which the declaration
remains in force; or
(b) for any lesser period specified in the
qualification by the Minister.".
561166B.I-25/11/2009 5 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 7
7 New section 33AAD inserted
After section 33AAC of the Water Act 1989
insert--
"33AAD Conditions on certain qualifications
5 (1) If a bulk entitlement has been qualified under
this Division, the Minister may impose
conditions or duties as to one or more of the
following matters on the holder of the bulk
entitlement--
10 (a) monitoring the impacts of the
qualification and advising the Minister
of the outcomes of the monitoring;
(b) requiring any program of works or
actions to be carried out by the holder
15 of the bulk entitlement for the purpose
of mitigating any adverse effect or the
risk of any adverse effect--
(i) on the maintenance of the
environmental water reserve in
20 accordance with the
environmental water reserve
objective; or
(ii) on the holder of any other
entitlement, licence or right under
25 this Act;
(c) requiring payments to be made to other
Authorities for the purposes specified
in the notice of qualification under
section 33AAC, including conditions as
30 to--
(i) if any program of works is carried
out by another Authority for a
purpose specified in paragraph
(b), payments that are to be made
561166B.I-25/11/2009 6 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 8
to reimburse the cost of the
carrying out of the program; and
(ii) the manner in which any
payments are to be made;
5 (d) operating arrangements that are
required as a result of the qualification.
(2) A condition or duty imposed on the holder of
a bulk entitlement under subsection (1) must
be set out in the notice of the qualification
10 under section 33AAC.".
8 Nature of water shares
(1) In section 33F(2) of the Water Act 1989--
(a) for "A water share" substitute "Subject to
this Act, a water share";
15 (b) omit "or, with the approval of the Minister,
in a subsequent season".
(2) At the foot of section 33F(2) of the Water Act
1989 insert--
"Note
20 The operation of some provisions of this Act affects the
taking or use of water under a water share. Section 33AD is
an example of such a provision.".
9 Transfer of ownership of water share
In section 33S(1) of the Water Act 1989, for
25 "another" substitute "a".
10 Effect of transfer of limited term transfer
For section 33T(3) of the Water Act 1989
substitute--
"(3) A transfer under this section entitles the
30 holder of the transfer to take water under
future water allocations under the water
share--
561166B.I-25/11/2009 7 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 11
(a) from the date on which the transfer is
recorded in the water register; or
(b) if a later date is specified in the
transfer, that date.".
5 11 Assignment of water allocation
(1) In section 33U(3) of the Water Act 1989, for
"receive" substitute "take".
(2) In section 33U(4) of the Water Act 1989, for
"received" substitute "taken".
10 12 Further assignment of water allocation
In section 33V(3) of the Water Act 1989, for
"receive" substitute "take".
13 Ministerial approval for transfers and assignments
of water shares
15 For section 33X(3) of the Water Act 1989
substitute--
"(3) The Minister must not--
(a) give an approval under subsection
(1)(a)--
20 (i) if any fee under Division 9 that is
payable in relation to the share is
outstanding; or
(ii) for any other prescribed reason; or
(b) give an approval under subsection
25 (1)(b) or (c) for any prescribed
reason.".
561166B.I-25/11/2009 8 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 14
14 Application of limited term transfer to division of
water share
After section 33Y(3) of the Water Act 1989
insert--
5 "(4) On the division of a water share under
subsection (1), any limited term transfer that
applied to the water share immediately
before that division is, on and from that
division, deemed to apply--
10 (a) in the case of the cancellation of the old
share under subsection (1)(a), to each
new share that is issued; or
(b) in the case of the variation of one share
and the issue of one or more new shares
15 under subsection (1)(b), to the share
that is varied and to each new share that
is issued.".
15 Water allocations for water shares
In section 33AC(2) of the Water Act 1989, after
20 "the water allocation" insert " that may be taken
in a water season".
16 Section 33AD substituted
For section 33AD of the Water Act 1989
substitute--
25 "33AD Declaration for taking of water allocation
under water share in subsequent water
season
(1) The Minister may make a declaration in
respect of water shares, authorising the
30 taking of water that is entitled to be taken
under any water allocation for the water
shares in a subsequent water season.
561166B.I-25/11/2009 9 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 17
(2) A declaration under subsection (1) may
apply to--
(a) water shares in a water system or part
of a water system; or
5 (b) a class or classes of water shares in a
water system or part of a water system.
(3) Any taking of water under a declaration
under subsection (1) is subject to any terms
and conditions specified by the Minister in
10 the declaration.
(4) The Minister must cause notice of the
making of a declaration under subsection (1)
to be published--
(a) in the Government Gazette; and
15 (b) in a newspaper circulating generally in
the area to which the declaration
applies.
(5) A declaration under subsection (1) has effect
on the publication of notice of the making of
20 the declaration in the Government Gazette.".
17 Application for determination of cessation as
associated water share
After section 33AQ(2) of the Water Act 1989
insert--
25 "(2A) The owner of an associated water share may
apply to the Minister for a determination
under section 33AN.".
18 Effect of death of mortgagee
(1) For the heading to section 33AV of the Water
30 Act 1989 substitute--
"Effect of death of owner or holder of certain
other interests".
561166B.I-25/11/2009 10 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 19
(2) After section 33AV(6) of the Water Act 1989
insert--
"(7) On the death of a person who holds a
mortgage over a water share, the mortgage
5 forms part of the estate of that person.
(8) On the death of a person who holds a
mortgage over a water share as a joint tenant
with other persons, the remaining holders of
the mortgage become the joint holders of the
10 mortgage.
(9) On the death of a person who holds a
mortgage over a water share as tenant in
common with other persons, that person's
portion of the mortgage becomes part of the
15 estate of that person.".
19 Definitions in Division 1 of Part 4
(1) For section 34(1) of the Water Act 1989
substitute--
"(1) In this Division Authority means--
20 (a) any water corporation empowered to
carry out any function under this Act in
relation to water supply or irrigation; or
(b) a person holding--
(i) a water licence; or
25 (ii) a water and sewerage licence--
issued under Division 1 of Part 2 of the
Water Industry Act 1994; or
(c) a generation company within the
meaning of the Electricity Industry
30 Act 2000; or
(d) the Minister administering the
Conservation, Forests and Lands Act
1987.".
561166B.I-25/11/2009 11 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 20
(2) In section 34(2) of the Water Act 1989, omit
"or Division 3".
20 New sections inserted after section 34
After section 34 of the Water Act 1989 insert--
5 "34A Grant of bulk entitlement
The Minister may by Order published in the
Government Gazette grant a bulk entitlement
to water to an Authority, on approving an
application under section 42(1)(c).
10 34B Authorisation of entitlement
Subject to this Act, a bulk entitlement
authorises the holder to take and use water in
accordance with the terms of the entitlement.
Note
15 The operation of some provisions of this Act affects
the taking and use of water under a bulk entitlement.
Section 47DA is an example of such a provision.".
21 Conversion of pre-existing entitlements
(1) Insert the following heading to section 35 of the
20 Water Act 1989--
"Applications for conversion of pre-existing
entitlements".
(2) Section 35(1) of the Water Act 1989 is repealed.
22 Application for bulk entitlement
25 Section 36(2)(b) of the Water Act 1989 is
repealed.
23 Repeal of referral of bulk entitlement to Governor
in Council
Section 37 of the Water Act 1989 is repealed.
561166B.I-25/11/2009 12 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 24
24 Advertisement of application
In section 38(2) of the Water Act 1989 omit
"or Governor in Council (as the case requires)"
(wherever occurring).
5 25 Appointment of panel
(1) In section 39(1) of the Water Act 1989 omit
"or Governor in Council (as the case requires)".
(2) In section 39(2) of the Water Act 1989 omit
"or Governor in Council".
10 (3) In section 39(4) of the Water Act 1989, omit
"or Governor in Council (as the case requires)".
(4) For section 39(5) of the Water Act 1989
substitute--
"(5) In considering the matter before it, a panel
15 must have regard to--
(a) all submissions referred to it that were
made in accordance with a notice under
section 38(1)(a) in the manner and
within the period specified in the
20 notice; and
(b) all submissions made to the panel in the
manner and within the period specified
by the panel; and
(c) any further information provided to the
25 Minister under section 38(2)(b)(i); and
(d) the results of any investigation carried
out by the Minister under section
38(2)(b)(ii).
(5A) The panel must report its findings to the
30 Minister within the period specified by the
Minister.".
(5) In section 39(7) of the Water Act 1989 for
"Governor in Council" substitute "Minister".
561166B.I-25/11/2009 13 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 26
26 Matters to be taken into account in determining
application
(1) In section 40(1) of the Water Act 1989--
(a) omit "or Governor in Council (as the case
5 requires)";
(b) after paragraph (a) insert--
"(ab) all submissions received by the
Minister that were made in accordance
with a notice under section 38(2)(a) in
10 the manner and within the period
specified in the notice;";
(c) paragraph (f) is repealed;
(d) in paragraphs (n) and (o), omit "or Governor
in Council".
15 (2) In section 40(2) of the Water Act 1989, omit
"or Governor in Council (as the case requires)".
27 Deferral of applications for bulk entitlements
In section 41 of the Water Act 1989, omit
"or Governor in Council (as the case requires)".
20 28 Determination of application for bulk entitlement
(1) In section 42(1) of the Water Act 1989--
(a) omit "or Governor in Council (as the case
requires)";
(b) paragraph (b) is repealed;
25 (c) in paragraph (c), omit "and grant the
entitlement by Order published in the
Government Gazette".
(2) In section 42(2) of the Water Act 1989, omit
"or Governor in Council (as the case requires)".
30 (3) Sections 42(3), 42(4), 42(5) and 42(6) of the
Water Act 1989 are repealed.
561166B.I-25/11/2009 14 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 29
29 Order granting bulk entitlement
In section 43 of the Water Act 1989--
(a) paragraph (bb) is repealed;
(b) in paragraph (e), omit "or to the holder of a
5 licence issued under section 51 or 52".
30 Amendment of bulk entitlement by Order
(1) For section 44(1) of the Water Act 1989
substitute--
"(1) The Minister may amend a bulk entitlement,
10 or an entitlement to which section 35(2)
applies by Order published in the
Government Gazette.".
(2) After section 44(3) of the Water Act 1989
insert--
15 "(4) In this section amend, in relation to an
entitlement to which this section applies,
includes the consolidation of the entitlement
with another such entitlement.".
31 Section 45 substituted
20 For section 45 of the Water Act 1989
substitute--
"45 Minor amendment of bulk entitlement by
notice
(1) The Minister may amend a bulk entitlement
25 by notice given to the holder of the
entitlement.
(2) The Minister must not amend a bulk
entitlement under subsection (1) unless--
(a) the Authority holding the entitlement
30 has applied to the Minister for the
amendment; or
561166B.I-25/11/2009 15 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 32
(b) the Minister has consulted with the
Authority holding the entitlement about
the amendment before making the
amendment.
5 (3) In making an amendment under subsection
(1), the Minister must be of the opinion that
the amendment is necessary--
(a) to correct a mistake in the description
of any element of the entitlement; or
10 (b) to make a minor variation arising from
practical operations (including any
dealing in a right or entitlement under
this Act); or
(c) to vary an obligation or impose a new
15 obligation on a resource manager,
storage manager or environmental
manager; or
(d) to make any other amendment to the
entitlement that does not impact on
20 another person's entitlement to water
and does not adversely affect the
environmental water reserve.
(4) An amendment to a bulk entitlement that is
made by notice under subsection (1) does not
25 have effect until notice of the making of the
amendment has been published in the
Government Gazette.".
32 Transfers or assignments of bulk entitlements
(1) Insert the following heading to section 46 of the
30 Water Act 1989--
"Transfers or assignments of bulk
entitlements".
561166B.I-25/11/2009 16 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 32
(2) In section 46(1) of the Water Act 1989, after
"be transferred" insert ", or a water allocation
under the entitlement may be assigned,".
(3) For section 46(2) of the Water Act 1989
5 substitute--
"(2) An assignment of water allocation under this
section authorises the person to whom the
water allocation has been assigned to take
water under the water allocation under the
10 bulk entitlement from the date specified in
the assignment.".
(4) In section 46(3) of the Water Act 1989, for
"of the transfer" substitute "to transfer the
entitlement or assign a water allocation under the
15 entitlement".
(5) In section 46(5) of the Water Act 1989--
(a) in paragraph (a)(i), after "transfer" insert
"or assignment";
(b) in paragraph (a)(ii), after "transferred" insert
20 "or assigned";
(c) in paragraph (a), after "to approve the
transfer" insert "or assignment";
(d) in paragraph (b)(i), after "transfer" insert
"or assignment";
25 (e) in paragraph (b)(ii), after "transfer" insert
"or assignment".
(6) In section 46(8) of the Water Act 1989--
(a) after "transfers" insert "or assignments";
(b) after "bulk entitlement" (wherever occurring)
30 insert "or water allocation".
561166B.I-25/11/2009 17 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 33
(7) For section 46(9) of the Water Act 1989
substitute--
"(9) If an Authority proposes to transfer the
whole or a part of a bulk entitlement under
5 this section by selling the bulk entitlement or
part, the Authority must cause a notice to be
published in the Government Gazette and in
a newspaper circulating generally in the area
concerned--
10 (a) declaring that the bulk entitlement, or
part, is available for purchase; and
(b) giving details of the method by which
the bulk entitlement or part is to be
sold.".
15 33 Transfers or assignments of bulk entitlements to
irrigators
(1) For the heading to section 46A of the Water Act
1989 substitute--
"Transfers or assignments of bulk entitlements
20 to irrigators".
(2) After section 46A(1) of the Water Act 1989
insert--
"(1A) An Authority holding a bulk entitlement may
assign the whole or a part of any water
25 allocation under the entitlement to a person
who is--
(a) the owner or occupier of land specified
in a water-use licence or water-use
registration; or
30 (b) the holder of a licence under
section 51.".
(3) In section 46A(2) of the Water Act 1989, after
"transfer" insert "or assignment".
561166B.I-25/11/2009 18 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 33
(4) After section 46A(2) of the Water Act 1989
insert--
"(3) An assignment of water allocation under this
section authorises the person to whom the
5 water allocation has been assigned to take
water under the water allocation under the
bulk entitlement from the date specified in
the assignment.".
(5) Section 46A(3A) of the Water Act 1989 is
10 repealed.
(6) In section 46A(4) of the Water Act 1989--
(a) for "A temporary transfer" substitute
"An assignment";
(b) in paragraphs (a) and (b), for "transfer"
15 (wherever occurring) substitute
"assignment".
(7) In section 46A(5) of the Water Act 1989--
(a) after "transferee" insert "or assignee";
(b) after "transfer" insert "or assignment".
20 (8) In section 46A(6) of the Water Act 1989, after
"transfer" insert "or assignment".
(9) In section 46A(7) of the Water Act 1989--
(a) after "transfers" insert "or assignments";
(b) after "bulk entitlement" (wherever occurring)
25 insert "or water allocation".
(10) For section 46A(8) of the Water Act 1989--
"(8) If an Authority proposes to transfer the
whole or a part of a bulk entitlement under
this section by selling the bulk entitlement or
30 part, the Authority must cause a notice to be
published in the Government Gazette and in
a newspaper circulating generally in the area
concerned--
561166B.I-25/11/2009 19 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 34
(a) declaring that the bulk entitlement, or
part, is available for purchase; and
(b) giving details of the method by which
the bulk entitlement or part is to be
5 sold.".
(11) In section 46A(9) of the Water Act 1989, omit
"permanent".
34 Assignments of water allocations to persons outside
Victoria
10 (1) Insert the following heading to section 46B of the
Water Act 1989--
"Assignments of water allocations to persons
outside Victoria".
(2) In section 46B(1) of the Water Act 1989--
15 (a) for "transfer" substitute "assign";
(b) for "that entitlement" substitute "any water
allocation under that entitlement".
(3) After section 46B(1) of the Water Act 1989
insert--
20 "(1A) An assignment of water allocation under this
section authorises the person to whom the
water allocation has been assigned to take
water under the water allocation under the
bulk entitlement from the date specified in
25 the assignment.".
(4) In section 46B(2) of the Water Act 1989, for
"A transfer" substitute "An assignment".
(5) In section 46B(5) of the Water Act 1989--
(a) for "a transfer" substitute "an assignment";
30 (b) in paragraph (a)(i), for "the transfer"
substitute "the assignment";
561166B.I-25/11/2009 20 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 35
(c) for paragraph (a)(ii) substitute--
"(ii) the water allocation or part to be
assigned is not surplus to the
obligations of the Authority to supply
5 water--";
(d) in paragraph (a), for "to approve the transfer"
substitute "to approve the assignment";
(e) in paragraph (b) for "the transfer" (wherever
occurring) substitute "the assignment".
10 (6) In section 46B(8) of the Water Act 1989--
(a) for "transfers" substitute "assignments";
(b) for "bulk entitlement" (wherever occurring)
substitute "water allocation".
(7) In section 46B(9) of the Water Act 1989, for
15 "bulk entitlement" substitute "water allocation".
35 Compliance with terms of bulk entitlement
For section 47A(1) of the Water Act 1989
substitute--
"(1) An Authority referred to in section 34(1)(c)
20 must comply with the specifications of an
Order granting a bulk entitlement to it.".
36 Conversion of licences, water shares or water rights
to bulk entitlements
(1) In section 47C(1) of the Water Act 1989, omit
25 "or water rights made available under section
222(1)(b)".
(2) In section 47C(2) of the Water Act 1989, for
"any licences, water shares or water rights"
substitute "any licences or water shares".
30 (3) In section 47C(3) of the Water Act 1989, for
"such licences, water shares or water rights"
substitute "such licences or water shares".
561166B.I-25/11/2009 21 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 37
(4) For section 47C(4)(b) of the Water Act 1989
substitute--
"(b) contain any information that is required by
the Minister; and".
5 (5) In section 47C(9)(b) of the Water Act 1989, for
"and section 62 or 226" substitute "and section
33S or 62".
(6) In section 47C(10) of the Water Act 1989--
(a) omit "or water rights";
10 (b) in paragraph (a) omit "in the case of a
licence,";
(c) in paragraph (b)(i) omit "or the amount of
water that is specified in the register in
respect of the holding";
15 (d) in paragraph (b)(ii) omit "or amounts".
(7) In section 47C(10A) of the Water Act 1989--
(a) in paragraph (b), for "water share."
substitute "water share; or";
(b) after paragraph (b) insert--
20 "(c) cancel the water share.".
(8) Section 47C(11) of the Water Act 1989 is
repealed.
37 Minister may sell unallocated water
For section 47D(5)(d) of the Water Act 1989
25 substitute--
"(d) ensure that details of the sale are given to the
relevant Authority for entry on the water
register.".
561166B.I-25/11/2009 22 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 38
38 New section inserted after section 47D
After section 47D of the Water Act 1989
insert--
"47DA Declaration for taking of water allocation
5 under bulk entitlement in subsequent
water season
(1) The Minister may make a declaration in
respect of a bulk entitlement to take water in
a water system, authorising the taking of
10 water that is entitled to be taken under any
water allocation for the bulk entitlement in a
subsequent water season.
(2) A declaration under subsection (1) may
apply to--
15 (a) bulk entitlements in a water system or
part of a water system; or
(b) a class or classes of bulk entitlements in
a water system or part of a water
system.
20 (3) Any taking of water under a declaration of
the Minister under subsection (1) is subject
to--
(a) the terms and conditions of the bulk
entitlement to which the water
25 allocation applies; and
(b) any terms and conditions specified by
the Minister in the declaration.
(4) The Minister must cause notice of the
making of a declaration under subsection (1)
30 to be published--
(a) in the Government Gazette; and
(b) in a newspaper circulating generally in
the area to which the declaration
applies.
561166B.I-25/11/2009 23 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 39
(5) A declaration under subsection (1) has effect
on the publication of notice of the making of
the declaration in the Government Gazette.".
39 Repeal of redundant requirement to keep register
5 Section 48 of the Water Act 1989 is repealed.
40 Authorisation of entitlement
In section 48BA of the Water Act 1989--
(a) for "An environmental entitlement"
substitute "Subject to this Act, an
10 environmental entitlement";
(b) at the foot of the section insert--
"Note
The operation of some provisions of this Act affects
the application of water under an environmental
15 entitlement. Section 48MA is an example of such a
provision.".
41 New section inserted after section 48M
After section 48M of the Water Act 1989
insert--
20 "48MA Declaration for taking of water allocation
under environmental entitlement in
subsequent water season
(1) The Minister may make a declaration in
respect of an environmental entitlement to
25 apply water in a water system, authorising
the application of water available to be
applied under any water allocation for the
environmental entitlement in a subsequent
water season.
561166B.I-25/11/2009 24 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 42
(2) A declaration under subsection (1) may
apply to--
(a) environmental entitlements in a water
system or part of a water system; or
5 (b) a class or classes of environmental
entitlements in a water system or part
of a water system.
(3) Any application of water under a declaration
of the Minister under subsection (1) is
10 subject to--
(a) the terms and conditions of the
environmental entitlement to which the
water allocation applies; and
(b) any terms and conditions specified by
15 the Minister in the declaration.
(4) The Minister must cause notice of the
making of a declaration under subsection (1)
to be--
(a) published in the Government Gazette;
20 and
(b) in a newspaper circulating generally in
the area to which the declaration
applies.
(5) A declaration under subsection (1) has effect
25 on the publication of notice of the making of
the declaration in the Government Gazette.".
42 Power of environment Minister to delegate
In section 48PB of the Water Act 1989, after
"functions, powers or duties under this Division"
30 insert ", or under a subordinate instrument made
under this Division,".
561166B.I-25/11/2009 25 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 43
43 Amendment of licence on motion of Minister
(1) Insert the following heading to section 59 of the
Water Act 1989--
"Amendment of licence issued under section 51
5 on motion of Minister".
(2) In section 59(1) of the Water Act 1989, after
"The Minister" insert ", of the Minister's own
motion,".
44 New sections inserted after section 59
10 After section 59 of the Water Act 1989 insert--
"59A Amendment of licence issued under
section 51 on application of licence holder
(1) The Minister, on the application of the
holder of a licence issued under section 51,
15 may amend the licence.
(2) The holder of a licence issued under
section 51 may apply to the Minister for an
amendment of the licence under this section.
(3) An application under this section--
20 (a) must be in a form and made in a
manner approved by the Minister; and
(b) contain any information that is required
by the Minister; and
(c) be accompanied by the fee fixed by the
25 Minister for that class of application
(if any).
59B Procedure applying to application
The procedure that applies under this
Division to an application for the issue of a
30 licence under section 51 applies, with any
necessary modifications and subject to
section 59C, to an application under
561166B.I-25/11/2009 26 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 45
section 59A for the amendment of such a
licence.
59C Ministerial consideration of application
In considering an application under
5 section 59A, the Minister--
(a) must have regard to any matter referred
to in section 53(1)(a) to 53(1)(b); and
(b) must give effect to the matters referred
to in section 53(2); and
10 (c) may have regard to any other matter
that the Minister thinks fit.".
45 New section 62A inserted
After section 62 of the Water Act 1989 insert--
"62A Declaration for taking of water under a
15 licence in subsequent water season
(1) The Minister may make a declaration in
respect of licences issued under section 51 to
take water in a water system, authorising that
holders of the licences may take water that is
20 entitled to be taken under the licences in any
particular water season in a subsequent water
season.
(2) A declaration under subsection (1) may
apply to--
25 (a) licences in a water system or part of a
water system; or
(b) a class or classes of licences in a water
system or part of a water system.
(3) Any taking of water under a declaration of
30 the Minister under subsection (1) is subject
to--
561166B.I-25/11/2009 27 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 46
(a) any terms and conditions of the licence
to which the water allocation applies;
and
(b) any terms and conditions specified by
5 the Minister in the declaration.
(4) The Minister must cause notice of the
making of a declaration under subsection (1)
to be--
(a) published in the Government Gazette;
10 and
(b) in a newspaper circulating generally in
the area to which the declaration
applies.
(5) A declaration under subsection (1) has effect
15 on the publication of notice of the making of
the declaration in the Government Gazette.".
46 Review of decisions
After section 64(1)(g) of the Water Act 1989
insert--
20 "(ga) under section 59A(1) or (2) to amend a
licence; or".
47 Repeal of provision as to periodic amendment of
bulk entitlement
Section 64G of the Water Act 1989 is repealed.
25 48 Seasonal determinations
For section 64GB(1)(b) and (c) of the Water Act
1989 substitute--
"(b) for each bulk entitlement in the system in
respect of which the water available to be
30 taken, in any water season, under the
entitlement is not able to be established from
the terms of the entitlement; and
561166B.I-25/11/2009 28 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 49
(c) for each environmental entitlement in the
system in respect of which the water
available to be taken, in any water season,
under the entitlement is not able to be
5 established from the terms of the
entitlement.".
49 Notification of determination
In section 64X(b) of the Water Act 1989, omit
"in a newspaper circulating generally throughout
10 the State and".
50 Notification of determination as to standard water
use conditions
In section 64AC(1)(b) of the Water Act 1989,
omit "in a newspaper circulating generally
15 throughout the State and".
51 Variation of conditions of water-use applications
In section 64AU(1) of the Water Act 1989, after
"the terms" insert "or conditions".
52 Responsibilities for water register
20 For sections 84C(1) and (2) of the Water Act
1989 substitute--
"(1) The Minister is responsible for establishing
and maintaining the system for the water
register in which is kept records and
25 information referred to in subsections (2),
(2A) and (3).
(2) The Minister is responsible for establishing
and maintaining records and information in
the water register relating to--
30 (a) water-use licences; and
(b) water-use registrations; and
(c) bulk entitlements; and
(d) environmental entitlements; and
561166B.I-25/11/2009 29 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 53
(e) the recording of amounts of water that
are to be allocated to each water share
under section 33AC; and
(f) works licences under section 67(1)
5 where the licence relates to a declared
water system.
(2A) The Registrar is responsible for establishing
and maintaining records and information in
the water register relating to water shares.".
10 53 Form and manner of keeping water register
(1) In section 84D(1) of the Water Act 1989, for
"Registrar" (where twice occurring) substitute
"Minister".
(2) In section 84D(2)(a) of the Water Act 1989, for
15 "the Registrar" substitute "the Minister".
54 Disclosure of information
(1) For section 84E(1)(b) of the Water Act 1989
substitute--
"(b) the Minister--
20 (i) to establish and maintain the system of
the water register; and
(ii) to carry out the Minister's functions
under this Act--".
(2) In section 84E(2) of the Water Act 1989--
25 (a) for paragraph (a) substitute--
"(a) the Registrar to carry out the Registrar's
functions under this Act; or";
(b) for paragraph (c) substitute--
"(c) the Minister--
30 (i) to establish and maintain the
system of the water register; and
561166B.I-25/11/2009 30 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 55
(ii) to carry out the Minister's
functions under this Act--".
(3) For section 84E(3)(a) of the Water Act 1989
substitute--
5 "(a) the Registrar to carry out the Registrar's
functions under this Act; or".
55 New Division 1A of Part 5A inserted
After Division 1 of Part 5A of the Water Act
1989 insert--
10 "Division 1A--Minister's functions
84EA Functions of Minister as to water register
(1) The functions of the Minister as to the water
register are--
(a) to establish and maintain the system for
15 the water register and ensure the
system's integrity, efficiency, viability,
compatibility and consistency; and
(b) to consult with other recording bodies
about matters relating to the form and
20 operation of the system of the water
register and the maintaining of records
and information, including alterations,
in the water register; and
(c) to create, or enable the creation of,
25 reports derived from records and
information in the water register,
including reports created in accordance
with the direction of the Minister.
(2) The Minister may make a report created
30 under subsection (1)(c) available to the
public, if the report does not include the
names and addresses of individuals.".
561166B.I-25/11/2009 31 BILL LA INTRODUCTION 25/11/2009
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Part 2--Amendments to the Water Act 1989
s. 56
56 Registrar's functions
(1) Sections 84G(1)(a), 84G(1)(d) and 84G(1)(f) of
the Water Act 1989 are repealed.
(2) Section 84G(2) of the Water Act 1989 is
5 repealed.
57 Registrar's power of delegation
For section 84H(1) of the Water Act 1989
substitute--
"(1) The Registrar, by instrument, may delegate
10 any of the Registrar's powers, duties or
functions under this Act or under a
subordinate instrument made under this Act,
other than this power of delegation, to--
(a) a person employed under Part 3 of the
15 Public Administration Act 2004; or
(b) an Authority.".
58 Recording of transfers
In section 84J(3) of the Water Act 1989, after
"unless the Registrar is satisfied that" insert
20 ", at the time the transfer was lodged for
recording,".
59 Substitution of section 84K
For section 84K of the Water Act 1989
substitute--
25 "84K Recording of legal personal
representatives
(1) A legal personal representative may lodge a
document with the Registrar for the
recording of the transmission to the legal
30 personal representative of--
(a) the ownership of a water share owned
by a deceased person represented by the
legal personal representative; or
561166B.I-25/11/2009 32 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 59
(b) the holding of a limited term transfer
held by a deceased person represented
by the legal personal representative; or
(c) a deceased person's interest as a
5 mortgagee of a water share, where the
deceased person is represented by the
legal personal representative.
(2) A document under subsection (1) must be in
the approved form.
10 (3) On being satisfied as to the legal personal
representative's authority to be recorded
under this section, the Registrar may make a
recording of--
(a) the appointment of that legal personal
15 representative; and
(b) the date of death of the person
represented by the legal personal
representative.
(4) On the making of a recording under this
20 section in a case where subsection (1)(a)
applies--
(a) the legal personal representative
becomes the owner of the water share
in respect of the interest of the deceased
25 owner of the water share; and
(b) the legal personal representative holds
the water share subject to all equities to
which the deceased owner was subject
in relation to the water share, but for
30 the purpose of any dealing with the
water share under this Act, is the owner
of the water share; and
561166B.I-25/11/2009 33 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 59
(c) the status of the legal personal
representative as owner of the water
share relates back to, and is deemed to
have arisen on, the death of the owner
5 of the water share as if there has been
no interval of time between the death
and the recording.
(5) On the making of a recording under this
section in a case where subsection (1)(b)
10 applies--
(a) the legal personal representative
becomes the holder of the limited term
transfer in respect of the deceased
holder of the limited term transfer; and
15 (b) the status of the legal personal
representative as holder of the limited
term transfer relates back to, and is
deemed to have arisen on, the death of
the holder of the limited term transfer
20 as if there has been no interval of time
between the death and the recording.
(6) On the making of a recording under this
section in a case where subsection (1)(c)
applies--
25 (a) the legal personal representative
becomes the mortgagee in respect of
the deceased mortgagee; and
(b) the status of the legal personal
representative as mortgagee relates
30 back to, and is deemed to have arisen
on, the death of the deceased mortgagee
as if there has been no interval of time
between the death and the recording.".
561166B.I-25/11/2009 34 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 60
60 Substitution of section 84L
For section 84L of the Water Act 1989
substitute--
"84L Recording of survivor of joint ownership
5 or holding
(1) Subject to this Act, on the death of a person
recorded in the water register with any other
person as--
(a) joint owners of a water share; or
10 (b) joint holders of a limited term transfer;
or
(c) joint holders of a mortgagee interest in
a water share--
the survivor may lodge a document with the
15 Registrar for a recording to be made in the
water register of the transmission to the
survivor of the deceased person's ownership
or holding.
(2) A document lodged under subsection (1)
20 must be in the approved form.
(3) The Registrar may make a recording of the
transmission by survivorship of the joint
ownership of a water share or the joint
holding of a limited term transfer on being
25 satisfied as to proof of the death of the joint
owner or joint holder (as the case requires).".
61 Priority of recordings
(1) After section 84Q(1) of the Water Act 1989
insert--
30 "(1A) If two or more documents for the making of
a recording in relation to the same water
share are lodged and are waiting recording,
the Registrar may make the recordings in the
water register arising from those documents
561166B.I-25/11/2009 35 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 62
in the order which will give effect to the
intentions of all the parties, as expressed in
or apparent to the Registrar from those
documents.".
5 (2) In section 84Q(2) of the Water Act 1989, for
"The priority" substitute "Subject to subsection
(1A), the priority".
62 Information available from water register
Section 84X(2) of the Water Act 1989 is
10 repealed.
63 Consideration for transfer
In section 84ZG of the Water Act 1989, before
"must state the monetary consideration in relation
to the transfer" insert "must state whether or not
15 the transfer is for monetary consideration and, if
the transfer is for monetary consideration,".
64 Giving of notices
(1) For the heading to section 84ZH of the Water Act
1989 substitute--
20 "Method of giving of notices".
(2) In section 84ZH(1) of the Water Act 1989--
(a) omit "served or";
(b) for paragraph (a) substitute--
"(a) by being sent by letter posted to the
25 person concerned at the address of the
person recorded in the water register,
which may be a post office box; or";
(c) in paragraph (c) omit "if that person has no
address for service within the meaning of
30 this section,".
(3) Section 84ZH(2) of the Water Act 1989 is
repealed.
561166B.I-25/11/2009 36 BILL LA INTRODUCTION 25/11/2009
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Part 2--Amendments to the Water Act 1989
s. 65
(4) In section 84ZH(4) of the Water Act 1989, for
"at that person's address for service" substitute
"at the address recorded in the water register
under subsection (1)(a)".
5 (5) Section 84ZH(5) of the Water Act 1989 is
repealed.
65 Corporate plans of water corporations
In section 247(1) of the Water Act 1989, for
"An Authority" substitute "A water corporation".
10 66 Application of proceeds of sale of water share
For section 287C(1)(c) of the Water Act 1989
substitute--
"(c) thirdly, in discharging any recorded
mortgages of which the Authority has notice,
15 according to the priority of those
mortgages.".
67 Sale or transfer of water share cancels
encumbrances
(1) In section 287D(a) of the Water Act 1989, omit
20 "over which the Authority's charge has priority".
(2) At the end of section 287D of the Water Act
1989 insert--
"(2) The application of this section to the sale or
transfer of water share is not to be taken to
25 affect the rights of any holder of a limited
term transfer under the water share.".
68 Power to incorporate documents in certain
instruments
In section 305C(2) of the Water Act 1989--
30 (a) after paragraph (ha) insert--
"(i) section 35;
(j) section 44;
561166B.I-25/11/2009 37 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 69
(k) section 48B;
(l) section 48K;";
(b) paragraph (n) is repealed;
(c) in paragraph (r), for "202" substitute "201".
5 69 Minister's power of delegation
In section 306(1) of the Water Act 1989--
(a) after "under this or any other Act" insert
"or under any subordinate instrument made
under this Act";
10 (b) in paragraph (b), for "62(9)" substitute
"33AD, 47DA, 48MA, 62A".
70 Power of Minister to give directions
For section 307(1) of the Water Act 1989
substitute--
15 "(1) The Minister, after consulting with the
Treasurer, may give a written direction to an
Authority in relation to the performance of
any of its functions or the exercise of any of
its powers.
20 (1AA) Without limiting subsection (1), a direction
may be given in relation to--
(a) compliance with the specifications of or
the conditions in a bulk entitlement; or
(b) compliance with--
25 (i) any conditions in; or
(ii) any duties imposed by the
Minister on imposing--
a qualification on the holder of a bulk
entitlement under Division 4 of
30 Part 3.".
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Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 71
71 Regulation making powers
(1) In section 324(1)(ab) of the Water Act 1989, for
"or transfer" substitute ", transfer or assignment".
(2) For section 324(1A) of the Water Act 1989
5 substitute--
"(1A) Regulations fixing fees under subsection
(1)(ad), Part 3A or Part 4B may provide for
the waiver, in whole or in part of the fees.
(1B) A power conferred under this Act to make
10 regulations fixing fees may be exercised by
fixing one fee for two or more matters in
respect of which fees are required to be paid
under this Act.".
72 Repeal of spent provisions
15 (1) Section 325 of the Water Act 1989 is repealed.
(2) Schedule 13 to the Water Act 1989 is repealed.
73 Repeal of savings and transitional provisions
(1) Section 326(1) and section 326(2) of the Water
Act 1989 are repealed.
20 (2) Schedule 14 to the Water Act 1989 is repealed.
74 Insertion of new section 334
After section 333 to the Water Act 1989 insert--
"334 Certificate as to land taken over by
another body
25 (1) If a body--
(a) has taken over land under an Order
under section 98 (as in force before the
commencement of section 54 of the
Water (Governance) Act 2006); or
561166B.I-25/11/2009 39 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 75
(b) is the successor in law of a body that
has so taken over land--
the chief executive officer (however
described) of the body may apply to the
5 Registrar of Titles to have the Register
amended.
(2) An application under subsection (1) must be
accompanied by--
(a) a certificate, signed by the chief
10 executive officer, certifying that the
land specified in the certificate is land
that has been taken over by that body
under any such Order with effect from
the coming into operation of the Order;
15 and
(b) any relevant certificate of title.
(3) On receiving a certificate under
subsection (2) and any relevant certificate of
title, the Registrar of Titles must make any
20 amendments in the Register that are
necessary because of the operation of the
Order specified in the certificate.".
75 Recording of discharge of mortgage
For clause 10(1) of Schedule 12A to the Water
25 Act 1989 substitute--
"(1) A person may lodge with the Registrar a
discharge of mortgage signed by the
mortgagee, for the Registrar to record in the
water register the discharge of the recorded
30 mortgage from the water share.
(1A) On a discharge being lodged under
subsection (1), the Registrar--
(a) may make a recording in the water
register discharging the mortgage; and
561166B.I-25/11/2009 40 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 76
(b) on the making of that recording, the
water share ceases to be subject to, or
liable for, the money secured by the
mortgage.".
5 76 Section 33AV(4) not to apply to converted life
tenancies
After clause 9(2) of Schedule 15 to the Water Act
1989 insert--
"(2A) Section 33AV(4) does not apply to a limited
10 term transfer under subclause (1).".
77 Dealings in unconfirmed water shares
(1) In clause 32(1) of Schedule 15 to the Water Act
1989--
(a) in paragraph (c), for "water share."
15 substitute "water share;";
(b) after paragraph (c) insert--
"(d) assignment of a water allocation under
the water share under section 33U
or 33V;
20 (e) surrender of the water share under
section 33AA;
(f) surrender of limited term transfer under
section 33T(5).".
(2) After clause 32(2) of Schedule 15 to the Water
25 Act 1989 insert--
"(3) In the case of an assignment of a water
allocation under a water share to which
subclause (1)(d) applies, all persons who
own the water share, in whole or in part, and
30 all persons who have limited term transfers
under the water share, in whole or in part are
to be taken to be the holder of the water
share.".
561166B.I-25/11/2009 41 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 2--Amendments to the Water Act 1989
s. 78
78 Amendments to the Water Act 1989 in the Schedule
The Water Act 1989 is further amended as set out
in the Schedule.
__________________
561166B.I-25/11/2009 42 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 3--Amendments to the Residential Tenancies Act 1997
s. 79
PART 3--AMENDMENTS TO THE RESIDENTIAL
TENANCIES ACT 1997
79 Amendment of the definition section in the See:
Act No.
Residential Tenancies Act 1997 107/1997.
Reprint No. 5
5 (1) In section 3(1) of the Residential Tenancies Act as at
15 January
1997, the definition of A rating is repealed. 2009
and
(2) Insert the following definition in section 3(1) of amending
the Residential Tenancies Act 1997-- Act No.
19/2009.
"prescribed rating system, in relation to water LawToday:
www.
10 appliances, fixtures and fittings, means a legislation.
system of rating the water efficiency of water vic.gov.au
appliances, fixtures and fittings that is
prescribed;".
80 Substitution of references to A rating in Residential
15 Tenancies Act 1997
(1) Insert the following heading to section 69 of the
Residential Tenancies Act 1997--
"Landlord must ensure rating compliance for
replacement water appliances".
20 (2) In section 69 of the Residential Tenancies Act
1997, for "an A rating" substitute "a prescribed
level of rating in a prescribed rating system".
(3) For section 72(3) of the Residential Tenancies
Act 1997 substitute--
25 "(3) If urgent repairs are required to an item that
uses or supplies water and that item does not
have at least a prescribed level of rating in a
prescribed rating system, and that item
cannot be repaired, the tenant may replace it
30 with an item that has a rating that is of or
above a prescribed level of rating in a
prescribed rating system.".
561166B.I-25/11/2009 43 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 3--Amendments to the Residential Tenancies Act 1997
s. 80
(4) In section 181 of the Residential Tenancies Act
1997, for "an A rating" substitute "a prescribed
level of rating in a prescribed rating system".
(5) For section 188(3) of the Residential Tenancies
5 Act 1997 substitute--
"(3) If urgent repairs are required to an item that
uses or supplies water and that item does not
have at least a prescribed level of rating in a
prescribed rating system, and that item
10 cannot be repaired, the resident may replace
it with an item that has a rating that is of or
above a prescribed level of rating in a
prescribed rating system.".
__________________
561166B.I-25/11/2009 44 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Part 4--Repeal
s. 81
PART 4--REPEAL
81 Repeal of Act
This Act is repealed on the 1 January 2012.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
__________________
561166B.I-25/11/2009 45 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Sch.
SCHEDULE
Section 78
MINOR AND CONSEQUENTIAL AMENDMENTS TO THE
WATER ACT 1989
5 In section 22C(1)(e), before "include" insert "to".
In section 43A(1), omit "or Division 3".
In section 48K(4), for "subsection (3)(b)" substitute "this
section".
In sections 53(1) and 53(2), omit "or 52".
10 In section 54--
(a) in subsection (1)(b)(i), omit "or 52";
(b) in subsection (1)(b)(ii), omit "or 52";
(c) in subsection (2)(c), omit "or 52";
(d) in subsection (2)(d), omit "or 52".
15 In section 55(1) omit "or 52".
In section 56--
(a) in subsection (1), omit "or 52";
(b) in subsection (3), omit "or 52".
In section 57--
20 (a) in subsection (1) omit "or 52";
(b) in subsection (3) omit "or 52 (as the case requires)".
In section 58--
(a) in subsection (1) omit "or 52";
(b) in subsection (3) omit "or 52";
25 (c) in subsection (6) omit "or 52".
In section 60 (1), omit "or 52".
561166B.I-25/11/2009 46 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Sch.
In section 61(1), omit "or 52".
In section 62--
(a) in subsection (1), omit "or 52";
(b) in subsection (6)(b)(ii), omit "subject to subsection (9),".
5 In section 64--
(a) in subsection (1)(a) omit "or 52";
(b) in subsection (1)(b) omit "or 52".
In section 74AA(1)(b), for "relates" substitute "relate".
In section 100(1)(b), omit "(".
10 In section 170D(3), for "licensee" substitute "Authority".
In section 203(1), for "202(b)" substitute "202(1)(b)".
In section 208(1), for "202(d)" substitute "202(1)(d)".
In section 209(1), for "202(d)" substitute "202(1)(d)".
In section 247--
15 (a) in subsection (2A), for "the Authority" (wherever
occurring) substitute "the water corporation";
(b) in subsection (3), for "An Authority" substitute "A water
corporation";
(c) in subsection (5), for "the Authority" substitute "the
20 water corporation";
(d) in subsection (6), for "An Authority" substitute "A water
corporation";
(e) in subsection (8), for "an Authority" substitute "a water
corporation".
25 In section 248, for "the Authority" (wherever occurring)
substitute "the water corporation".
In section 249, for "An Authority" substitute
"A water corporation".
561166B.I-25/11/2009 47 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Sch.
In section 250--
(a) for "an Authority" substitute "a water corporation";
(b) in paragraph (a), for "the Authority" substitute "the water
corporation".
5 In section 251(1)--
(a) for "an Authority" substitute "a water corporation";
(b) for "the Authority" substitute "the water corporation".
In section 287B(6)(b), for "limited terms transfer" substitute
"limited term transfer".
10 Insert the following heading to section 309--
"Powers of the Minister in enforcing certain Parts of
this Act".
561166B.I-25/11/2009 48 BILL LA INTRODUCTION 25/11/2009
Water Amendment (Entitlements) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561166B.I-25/11/2009 49 BILL LA INTRODUCTION 25/11/2009
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