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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Water Amendment (Critical Water Infrastructure
Projects) Bill 2006
TABLE OF PROVISIONS
Clause Page
1 Purposes 1
2 Commencement 1
3 New Part 7B inserted 2
PART 7B--CRITICAL WATER INFRASTRUCTURE
PROJECTS 2
161L Definitions 2
161M Declaration of critical water infrastructure project 2
161N Contents of order 3
161O Order may be amended or revoked 3
161P Tabling of orders 3
161Q Planning controls 4
161R Functions of facilitating Authority in relation to project 4
161S Facilitating Authorities may enter agreement or
arrangement 4
161T Functions of facilitating Authorities generally 5
161U Ownership of works 5
161V Modification of Land Acquisition and Compensation
Act 1986 5
4 Incorporation of documents in project orders and amending
orders 6
5 Amendment to Land Acquisition and Compensation Act
1986--reservation of land 7
6 Repeal of Act 7
ENDNOTES 8
561004B.I-19/12/2006 i BILL LA INTRODUCTION 19/12/2006
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Water Amendment (Critical Water
Infrastructure Projects) Bill 2006
A Bill for an Act to amend the Water Act 1989 to facilitate critical
water infrastructure projects, to amend the Land Acquisition and
Compensation Act 1986 and for other purposes.
The Parliament of Victoria enacts:
1 Purposes
The purposes of this Act are--
(a) to amend the Water Act 1989 to facilitate
critical water infrastructure projects; and
5 (b) to make a related amendment to the Land
Acquisition and Compensation Act 1986.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
561004B.I-19/12/2006 1 BILL LA INTRODUCTION 19/12/2006
Water Amendment (Critical Water Infrastructure Projects) Bill 2006
s. 3
3 New Part 7B inserted
See: After Part 7A of the Water Act 1989 insert--
Act No.
80/1989.
Reprint No. 8 'PART 7B--CRITICAL WATER
as at
3 August 2006
INFRASTRUCTURE PROJECTS
and
5 amending 161L Definitions
Act Nos
79/2005, In this Part--
99/2005,
9/2006,
69/2006,
critical water infrastructure project means a
80/2006 and project declared under section 161M to
85/2006.
LawToday:
be a critical water infrastructure
10 www.dms. project;
dpc.vic.
gov.au facilitating Authority, in relation to a critical
water infrastructure project, means an
Authority specified in the project order
as a facilitating Authority for that
15 project;
operate includes maintain;
project area, in relation to a critical water
infrastructure project, means an area of
land specified in the project order as the
20 project area for that project;
project order means an order under
section 161M as amended from time to
time;
the Planning Minister means the Minister
25 for the time being administering the
Planning and Environment Act 1987.
161M Declaration of critical water
infrastructure project
(1) The Premier, on the recommendation of the
30 Minister, may, by order published in the
Government Gazette, declare a project for
the construction and operation of works to be
a critical water infrastructure project.
561004B.I-19/12/2006 2 BILL LA INTRODUCTION 19/12/2006
Water Amendment (Critical Water Infrastructure Projects) Bill 2006
s. 3
(2) The Minister must consult with the Treasurer
and the Planning Minister before making a
recommendation under this section.
161N Contents of order
5 A project order must--
(a) set out a general description of the
critical water infrastructure project; and
(b) specify the area of land that is to be the
project area for the purpose of the
10 project; and
(c) specify each Authority that is to be a
facilitating Authority for the project.
161O Order may be amended or revoked
(1) The Premier, on the recommendation of the
15 Minister, may, by order published in the
Government Gazette, amend or revoke a
project order.
(2) The Minister must consult with the Treasurer
and the Planning Minister before making a
20 recommendation under this section.
(3) Without limiting subsection (1), an
amendment to a project order may add land
to, or remove land from, the project area.
161P Tabling of orders
25 The Premier must cause a copy of an order
made under section 161M or 161O, together
with a statement signed by the Premier of the
reasons for making the order, to be presented
to each House of Parliament within 14 sitting
30 days after the order is made.
561004B.I-19/12/2006 3 BILL LA INTRODUCTION 19/12/2006
Water Amendment (Critical Water Infrastructure Projects) Bill 2006
s. 3
161Q Planning controls
(1) The Planning Minister is the responsible
authority under the Planning and
Environment Act 1987 for the
5 administration and enforcement of any
planning scheme to the extent that it relates
to a project area.
(2) This section applies despite anything to the
contrary in the Planning and Environment
10 Act 1987 or in any planning scheme
approved under that Act.
161R Functions of facilitating Authority in
relation to project
A facilitating Authority for a critical water
15 infrastructure project has the following
functions--
(a) to carry out the construction of works
for the project;
(b) to operate those works.
20 161S Facilitating Authorities may enter
agreement or arrangement
(1) If there is more than one facilitating
Authority for a critical water infrastructure
project, the facilitating Authorities may enter
25 into an agreement or arrangement for the
carrying out of their functions in relation to
the project.
(2) An agreement or arrangement must
specify--
30 (a) the functions referred to in section
161R for which each facilitating
Authority is responsible; and
561004B.I-19/12/2006 4 BILL LA INTRODUCTION 19/12/2006
Water Amendment (Critical Water Infrastructure Projects) Bill 2006
s. 3
(b) the extent to which each facilitating
Authority is to own any part of the
works for the project.
161T Functions of facilitating Authorities
5 generally
(1) Nothing in this Part limits the exercise by a
facilitating Authority of any other function
under this Act for the purposes of a critical
water infrastructure project.
10 (2) Despite sections 164, 174 and 186(1), a
facilitating Authority may exercise any
function, including a function under this
Part, outside its district for the purposes of a
critical water infrastructure project without
15 the approval of the Minister.
161U Ownership of works
(1) Subject to subsection (2), any works for a
critical water infrastructure project that are
constructed by a facilitating Authority are
20 owned by that Authority.
(2) If an agreement or arrangement under
section 161S provides for the works referred
to in subsection (1) to be owned by another
facilitating Authority, the works are owned
25 by that other Authority.
(3) Section 138 does not apply to works for a
critical water infrastructure project.
161V Modification of Land Acquisition and
Compensation Act 1986
30 (1) Section 3(3) of the Land Acquisition and
Compensation Act 1986 does not apply to
the extent that this Part is inconsistent with
that Act if a facilitating Authority exercises
the power to acquire land under section 130
561004B.I-19/12/2006 5 BILL LA INTRODUCTION 19/12/2006
Water Amendment (Critical Water Infrastructure Projects) Bill 2006
s. 4
for the purposes of a critical water
infrastructure project.
(2) Section 8(1) of the Land Acquisition and
Compensation Act 1986 applies to an
5 acquisition of land under section 130 for the
purposes of a critical water infrastructure
project as if for paragraph (e) there were
substituted--
"(e) state that the land is within the project
10 area for a critical water infrastructure
project as defined in Part 7B of the
Water Act 1989; and".
(3) The regulations in force from time to time
under the Land Acquisition and
15 Compensation Act 1986 and the forms
prescribed under those regulations apply in
relation to the operation of this Part with
such modifications as are necessary to give
effect to this Part.'.
20 4 Incorporation of documents in project orders and
amending orders
After section 305C(2)(p) of the Water Act 1989
insert--
"(pa) section 161M;
25 (pb) section 161O;".
561004B.I-19/12/2006 6 BILL LA INTRODUCTION 19/12/2006
Water Amendment (Critical Water Infrastructure Projects) Bill 2006
s. 5
5 Amendment to Land Acquisition and Compensation See:
Act 1986--reservation of land Act No.
121/1986.
After section 5(4B) of the Land Acquisition and Reprint No. 3
as at
Compensation Act 1986 insert-- 1 January
1999
5 "(4C) Subsection (1) does not apply to any land in and
amending
a project area specified in a project order in Act Nos
force under Part 7B of the Water Act 27/2001,
63/2006 and
1989.". 81/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
6 Repeal of Act
10 This Act is repealed on the first anniversary of its
commencement.
561004B.I-19/12/2006 7 BILL LA INTRODUCTION 19/12/2006
Water Amendment (Critical Water Infrastructure Projects) Bill 2006
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561004B.I-19/12/2006 8 BILL LA INTRODUCTION 19/12/2006
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