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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Water (Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. New water, sewerage and waterway management systems 2
5. New and restructured Authorities 3
6. Provisions about new and restructured Authorities 3
7. Pre-requisites for restructuring or transferring Orders 3
8. Transfer of officers 3
9. Abolition of Authorities 4
10. Appointment of an administrator 4
11. New Division 6A of Part 6 inserted 4
Division 6A--Transfer of Certain Districts and Validation of
Actions 4
115A. Definitions 4
115B. Retrospective transfer of certain water districts to Lower
Murray Region Water Authority 5
115C. Validation of actions of Lower Murray Region Water
Authority in relation to certain water districts 6
12. Guidelines as to terms and conditions of employment 7
13. Saving of rights of public servants appointed to Authorities 9
ENDNOTES 10
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PARLIAMENT OF VICTORIA
Initiated in Assembly 28 February 2001
A BILL
to amend the Water Act 1989 and for other purposes.
Water (Amendment) Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Water
Act 1989 to--
(a) empower the Minister to exempt an
5 Authority proposing a new waterway
management district from certain notification
requirements; and
(b) provide for the appointment of Catchment
Management Authorities established under
10 the Catchment and Land Protection Act
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Water (Amendment) Act 2001
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Act No.
1994 as Authorities under the Water Act
1989; and
(c) transfer certain water districts of the former
Sunraysia Water Board to the Lower Murray
5 Region Water Authority and to validate the
past actions of that Authority in relation to
those water districts; and
(d) make other minor amendments relating to
the appointment of Catchment Management
10 Authorities as Authorities under the Water
Act 1989.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
See:
15 3. Definitions Act No.
80/1989.
(1) In section 3(1) of the Water Act 1989, in the Reprint No. 5
definition of "Authority", for "and a council as at
18 May 1999
appointed under section 98(1)(a)" substitute ", a and
council appointed under section 98(1)(a) and a amending
Act Nos
20 Catchment Management Authority appointed 65/1999,
under section 98(1)(ab)". 30/2000,
59/2000,
(2) In section 3(1) of the Water Act 1989, after the 66/2000 and
69/2000.
definition of "bulk entitlement" insert-- LawToday:
www.dms.
' "Catchment Management Authority" means dpc.vic.
25 an Authority within the meaning of the gov.au
Catchment and Land Protection Act
1994;'.
4. New water, sewerage and waterway management
systems
30 After section 96(5) of the Water Act 1989
insert--
"(5A) The Minister may exempt an Authority
which submits a proposal to set up a new
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waterway management district from
complying with sub-section (7)(a)(ii).".
5. New and restructured Authorities
After section 98(1)(a) of the Water Act 1989
5 insert--
"(ab) appoint a Catchment Management Authority;
or".
6. Provisions about new and restructured Authorities
In section 99(9) of the Water Act 1989, after
10 "council" insert "or a Catchment Management
Authority".
7. Pre-requisites for restructuring or transferring Orders
In section 100 of the Water Act 1989--
(a) after sub-section (1)(d) insert--
15 "; and
(e) if a Catchment Management Authority
is involved, consult with the Minister
administering the Catchment and
Land Protection Act 1994.";
20 (b) after sub-section (2)(b)(ia) insert--
"(ib) the Minister administering the
Catchment and Land Protection Act
1994, if a Catchment Management
Authority is affected; and".
25 8. Transfer of officers
In section 102 of the Water Act 1989--
(a) for "or to a council" substitute ", a council, a
Catchment Management Authority";
(b) for "or council" substitute ", council,
30 Catchment Management Authority".
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Act No.
9. Abolition of Authorities
(1) After section 105(1) of the Water Act 1989,
insert--
"(1A) This section applies to a Catchment
5 Management Authority only in respect of its
functions as an Authority under this Act.".
(2) In section 105(4) of the Water Act 1989, for
"Schedule 3, 4, 6, 7, 8 or 10" substitute
"Schedule 6 or 7".
10 10. Appointment of an administrator
In section 112(3) of the Water Act 1989--
(a) in paragraph (a), after "council" insert "or
Catchment Management Authority";
(b) after paragraph (b) insert--
15 "(ba) if the Authority is a Catchment
Management Authority, may suspend
any functions of the Catchment
Management Authority under this Act;
and".
20 11. New Division 6A of Part 6 inserted
After section 115 of the Water Act 1989 insert--
'Division 6A--Transfer of Certain Districts
and Validation of Actions
115A. Definitions
25 In this Division--
"Constitution of the Lower Murray
Region Water Authority Order"
means the Constitution of the Lower
Murray Region Water Authority Order
30 1995, published in the Government
Gazette on 1 February 1995;
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Water (Amendment) Act 2001
s. 11
Act No.
"Lower Murray Region Water
Authority" means the Authority
constituted by the Constitution of the
Lower Murray Region Water Authority
5 Order;
"Sunraysia Water Board" means the
Sunraysia Water Board constituted by
Order in Council under section 8 of the
Water and Sewerage Authorities
10 (Restructuring) Act 1983 and
published in the Government Gazette
on 27 June 1984.
115B. Retrospective transfer of certain water
districts to Lower Murray Region Water
15 Authority
The Constitution of the Lower Murray
Region Water Authority Order has, and is
deemed always to have had, the same force
and effect as it would have had if--
20 (a) the Order had appointed the Lower
Murray Region Water Authority to take
over the whole of the property, rights,
liabilities, obligations, powers and
functions of the Sunraysia Water Board
25 in respect of the Koondrook Urban
District, the Murrabit Urban District,
the Nyah Urban District, the Nyah
West Urban District and the Woorinen
Urban District, and had allocated those
30 districts to the Lower Murray Region
Water Authority; and
(b) all the requirements of Division 2 that
would have been required to be
complied with in the case of an Order
35 having the force and effect that the
Constitution of the Lower Murray
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Water (Amendment) Act 2001
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Region Water Authority Order has, and
is deemed always to have had, by force
of this section, had been complied with
respect to it.
5 115C. Validation of actions of Lower Murray
Region Water Authority in relation to
certain water districts
(1) Anything done or purported to have been
done under this Act, before the
10 commencement of section 11 of the Water
(Amendment) Act 2001 by the Lower
Murray Region Water Authority that would
have been validly done had that section been
in operation at the time at which the thing
15 was done or purported to have been done,
has, and is deemed always to have had, the
same force and effect as it would have had if
that section had been in operation at the time
at which the thing was done or purported to
20 have been done.
(2) Without limiting the generality of sub-
section (1), that sub-section applies with
respect to the following--
(a) the setting of a tariff or development
25 tariff;
(b) the imposition of a fee on a property
under a tariff or development tariff or
the altering of the amount of such a fee;
(c) the setting or imposition of a fee,
30 charge or rate of interest;
(d) the requirement of a payment or
contribution from any person;
(e) the declaration of any land to be a
serviced property for the purposes of
35 this Act;
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(f) the obtaining of financial
accommodation, issuing of bonds, notes
or other securities or mortgaging of
revenue in accordance with Division 4
5 of Part 13;
(g) the recovery of any money;
(h) the selling of any property, or the
causing of any property to be
transferred, under section 278;
10 (i) the purchase or compulsory acquisition
of any land, entry on any land or
dealing with any land;
(j) the carrying out of any works or closing
to traffic of any road or part of a road
15 for that purpose;
(k) the giving of a consent or other
authorisation or making of an
application, request or requirement
under this Act;
20 (l) the making of any by-laws, passing of
any resolution, giving of any notice or
service of any document;
(m) the delegation of any power, discretion,
function, authority or duty.'.
25 12. Guidelines as to terms and conditions of employment
(1) In section 322(1) of the Water Act 1989--
(a) after paragraph (b) insert--
"(ba) officers or employees of a Catchment
Management Authority that is an
30 Authority who are employed solely,
mainly or partly to perform duties for
or in connection with the exercise by
the Catchment Management Authority
of any powers, functions or duties
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conferred on it by or under this Act;
and";
(b) in paragraph (c), after "council" insert "or
Catchment Management Authority".
5 (2) In section 322 of the Water Act 1989, for sub-
section (4) substitute--
"(4) Before determining any guidelines under
sub-section (2), the Minister must consult
any persons that appear to the Minister to
10 represent the interests of Authorities,
councils and Catchment Management
Authorities and people employed by them
respectively.
(4A) Before determining any guidelines under
15 sub-section (2) with respect to any officer or
employee referred to in sub-section (1)(c),
the Minister must consult with--
(a) in the case of an officer or employee of
a council, the Minister administering
20 the Local Government Act 1989; and
(b) in the case of an officer or employee of
a Catchment Management Authority,
the Minister administering the
Catchment and Land Protection Act
25 1994.".
(3) In section 322 of the Water Act 1989, for sub-
sections (5) and (6) substitute--
"(5) The Minister must serve a copy of all
guidelines determined under sub-section (2)
30 on every Authority and--
(a) if the guidelines relate to an officer or
employee of a council referred to in
sub-section (1)(c), the council; or
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(b) if the guidelines relate to an officer or
employee of a Catchment Management
Authority referred to in sub-section
(1)(c), the Catchment Management
5 Authority.
(6) The Minister may at any time amend
guidelines determined under sub-section (2),
and must serve a copy of every amendment
on every Authority and--
10 (a) if the guidelines relate to an officer or
employee of a council referred to in
sub-section (1)(c), the council; or
(b) if the guidelines relate to an officer or
employee of a Catchment Management
15 Authority referred to in sub-section
(1)(c), the Catchment Management
Authority.".
(4) In section 322(7) of the Water Act 1989--
(a) after "council" (where first occurring) insert
20 "and Catchment Management Authority";
(b) for "or the council" substitute ", the council
or the Catchment Management Authority".
13. Saving of rights of public servants appointed to
Authorities
25 In section 323(2) of the Water Act 1989, after
"council" (where twice occurring) insert "or
Catchment Management Authority".
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Water (Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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