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PARLIAMENT OF VICTORIA
Water (Governance) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 2
PART 2--AMENDMENTS TO THE WATER ACT 1989 4
3. Definitions 4
4. Repeal of reference 10
5. Repeal of reference 10
6. Copy of management plan to be given to Melbourne Water
Corporation 10
7. Statute Law Revision 11
8. Transfer of ownership of water share 11
9. Limited term transfers 11
10. Assignments of water allocations under water shares 11
11. Further assignments of water allocations under water shares 13
12. Ministerial approval for transfers etc. 13
13. Division of water shares 14
14. Consolidation of water shares 14
15. Insertion of new section 33ABA 14
33ABA. Cancellation where rights outside declared water
system are obtained 14
16. Service provision fees 15
17. Statute Law Revision 15
18. Obligations on cessation of ownership or occupation of land 15
19. Obligations on cancellation of water-use registration 15
20. Substitution of section 33AV 16
33AV. Effect of death of owner of water share or holder of
limited term transfer 16
21. Application of Division 1 of Part 4--MWC 17
22. Application for bulk entitlement--MWC 17
23. Repeal of reference to storage operator in section 43 17
24. Repeal of references to storage operators in section 43A 17
25. Conversion of bulk entitlement--MWC 17
26. Definitions for environmental entitlements 18
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27. Insertion of new section 48BA 18
48BA. Authorisation of entitlement 18
28. Amendment of entitlement 18
29. Insertion of new section 48K 19
48KA. Water allocations may be applied for other
environmental entitlements 19
30. Assignment of water allocation under environmental
entitlement 19
31. Further assignment of water allocation under environmental
entitlement 20
32. Ministerial approvals 21
33. Insertion of new sections 48PA and 48PB 21
48PA. Applications under this Division 21
48PB. Power of environment Minister to delegate 21
34. Application for licence to go to Melbourne Water Corporation 22
35. Insertion of new section 61A 22
61A. Cancellation of licence where water share obtained
in declared water system 22
36. Repeal of Division 3 of Part 4 22
37. Repeal of reference 22
38. Offence to use water without licence or registration 23
39. Further offences for water use 23
40. Obligations of Minister in granting water-use licences 23
41. Licence applications 23
42. Applications under section 64AI 23
43. Power to register water-uses 24
44. Applications for water-use registrations 24
45. Applications under section 64AU 24
46. Works licences 24
47. Application for works licence to go to Melbourne Water
Corporation 25
48. Works licence conditions 25
49. Applications under section 73A 26
50. Insertion of new section 84JA 26
84JA. Recording of surrender of limited term transfer 26
51. Recording of survivor of joint owners of water share 26
52. Statute Law Revision 27
53. Statute Law Revision 27
54. Substitution of Part 6 27
PART 6--WATER CORPORATIONS 27
Division 1--Establishment, Restructuring, Abolition and
Administration of Water Corporations 27
85. Establishment of water corporations 27
86. Application of Public Administration Act 2004 28
87. Restructuring of water corporations 28
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88. Abolition of water corporations 29
89. Publication of determinations as to establishment,
restructuring and abolition 29
90. Effect of Schedule 2 30
91. Appointment of administrator 30
Division 2--Functions, Powers, Duties and Objectives of
Water Corporations 31
92. Functions powers and duties of water corporations 31
93. Sustainable management principles for water
corporations 32
94. Business objective for water corporations 33
Division 3--Boards of Directors 33
95. Board of directors 33
96. Other duties not affected 34
97. Appointment of members of board of directors 35
98. Terms and conditions of appointment of members of
board of directors 35
99. Managing Director 36
100. When a member of the board of directors of a water
corporation ceases to hold office 36
101. Removal from office of member of the board of
directors 37
102. Acting Managing Director 38
103. Removal of managing director 38
104. Chairperson 38
105. Deputy chairperson 38
106. Acting appointments 39
107. Validity of decisions 39
108. Improper use of information 40
109. Effect of pecuniary interests 40
110. What constitutes a pecuniary interest? 43
111. Pecuniary interest does not prevent voting and
consideration of some questions 46
112. Effect of finding of guilt for offence against
section 109 46
113. Submission of returns by members of the board and
nominated officers 47
114. Information to be disclosed in primary and ordinary
returns 48
115. Water corporation to maintain register 51
116. Contracts of insurance 52
117. Allowances 52
118. Expenses 53
119. Employment of officers of water corporations 53
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Clause Page
120. Meetings and proceedings at meetings of the boards
of directors 55
121. Validity of decisions of board of directors of water
corporation 56
122. Special meetings 57
122A. Resolutions without meetings 57
Division 4--Other Provisions Relating to Water
Corporations 58
122B. Powers of delegation of water corporations 58
122C. Committees established by the board of directors of
a water corporation 59
122D. Incorporated committees 61
122E. Regulation making powers 63
Division 5--Particular Water Corporations 63
122F. Additional function of Central Gippsland Region
Water Authority 63
PART 6A--DISTRICTS AND LAND MANAGEMENT
AREAS 64
Division 1--Continuation of Districts 64
122G. Continuation of districts 64
122H. Waterway management district of Melbourne Water
Corporation 65
122I. Transfer of assets on inclusion or diminution of land
in waterway management district of Melbourne Water
Corporation 66
Division 2--New Irrigation and Waterway Management
Districts 67
122J. New irrigation districts 67
122K. New waterway management districts 68
Division 3--New and Extended Water Districts and
Sewerage Districts and Extended Irrigation Districts and
Waterway Management Districts 68
122L. Non-application of Division 68
122M. Submission of proposal for establishment or extension
of district 68
122N. Restrictions on areas for which proposals for new or
extended districts may be made 69
122O. Form of proposal 69
122P. Advertising proposal 70
122Q. Submissions 71
122R. Final determination of Authority 71
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122S. Ministerial determination 72
122T. Ministerial declaration 72
122U. Areas of interest 72
122V. Advertising proposal for declaration 73
122W. Powers of Authority in area of interest 73
Division 4--Changes to Existing Districts 74
122X. Non-application of Division 74
122Y. Power of Authorities to change districts 74
122Z. Power of Minister to change districts 75
Division 5--Environmental and Recreational Areas 76
122ZA. Environmental and recreational areas 76
122ZB. Functions of Authority in area 77
122ZC. Contributions by public authorities 78
122ZD. Revenue from land 78
122ZE. Limitation of exercise of powers under this Division 78
122ZF. Regulation making powers as to areas 78
PART 6B--DUTIES OF WATER CORPORATIONS 80
Division 1--Customer Dispute Resolution 80
122ZG. Customer dispute resolution 80
Division 2--Dividends 81
122ZH. Dividends 81
Division 3--Repayment of Capital 81
122ZI. Repayment of capital 81
Division 4--Annual Report 82
122ZJ. Information to be included in annual report 82
PART 6C--STORAGE MANAGERS 83
122ZK. Appointment of storage managers 83
122ZL. Functions of storage managers 83
122ZM. Management agreements for water storages 84
122ZN. Powers for storage managers to charge fees 85
55. Ministerial approval of abandonment or decommissioning of
works 85
56. Insertion of new sections 139A to 139E 86
139A. Submission of proposal for approval of the
abandonment or decommissioning of major works 86
139B. Notification of proposal to approve the abandonment
or decommissioning of major works 86
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139C. Submissions on proposal 87
139D. Authority to consider submissions 87
139E. Appointment of panel by Minister 88
57. Insertion of new section 141A 88
141A. Circumstances in which Melbourne Water Corporation
to continue water supply 88
58. Serviced properties 89
59. Insertion of new section 144A 89
144A. Serviced property, Melbourne Water Corporation 89
60. Structures near works 90
61. Notice of intention to affect works 90
62. By-laws 90
63. Repeal of section 161 91
64. Repeal of reference 91
65. Insertion of new heading 91
66. Application of Division 1 of Part 8 91
67. Water supply functions not to include storage management
functions 92
68. Insertion of new section 170CA 92
170CA. Requirement to publish permanent water saving plan 92
69. By-laws--to include power to serve infringement notices 92
70. Repeal of reference 94
71. Insertion of new Division 2 in Part 8 94
Division 2--Melbourne Water Corporation 94
171B. Water supply function of Melbourne Water
Corporation 94
171C. System access 96
171D. Fire plugs and free water--Melbourne Water
Corporation 97
171E. Power to enter land for water supply protection 98
171F. Notice of contravention for water supply protection 98
171G. Immediate action for water supply protection 99
171H. By-laws 99
171I. Limitation on power to make by-laws 101
72. Insertion of new division heading in Part 9 102
73. Substitution of section 172 102
172. Definitions 102
74. Functions of Authorities under Part 9 102
75. Repeal of reference 102
76. Repeal of reference 102
77. Insertion of new Division in Part 9 103
Division 2--Melbourne Water Corporation 103
184A. Sewerage functions of Melbourne Water Corporation 103
184B. Application of certain provisions of Division 1 of
Part 9 104
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78. Designated waterways--Authorities 104
79. Insertion of new section 188A 104
188A. Designated waterways, land or works--Melbourne
Water Corporation 104
80. Repeal of redundant sections 106
81. Owner finance 107
82. Finance for increased use of services 107
83. Application of Division 3 of Part 10 107
84. Drainage functions of Melbourne Water Corporation 108
85. Application of Division 4 of Part 10 109
86. Floodplain management functions of Melbourne Water
Corporation 109
87. Declarations of flood levels etc. 110
88. Declarations of floodway areas etc. 110
89. Notice of declaration 111
90. Control of works and structures 111
91. Removal of existing works and structures 111
92. Availability of information 111
93. Revision of outdated reference 111
94. Repeal of reference and Statute Law Revision 111
95. Powers of Authorities 112
96. Mortgagee consent 112
97. Documents to accompany applications under Part 11 112
98. Repeal of reference 112
99. Repeal of reference 113
100. Repeal of reference 113
101. Repeal of reference 113
102. Repeal of reference 113
103. Corporate plans 114
104. Insertion of new sections 250 and 251 114
250. Board to notify Minister and Treasurer of significant
affecting events etc. 114
251. Report on achievement of corporate plan 115
105. Borrowing power of Melbourne Water Corporation 115
106. Definitions--Division 5 of Part 13 115
107. Properties subject to tariff 116
108. Tariffs 117
109. Repeal of certain requirements as to tariffs 117
110. Repeal of section 260A(2) 118
111. Power to fix fees under tariffs by reference to valuations used
for price determinations 118
112. Insertion of section heading 119
113. Grounds for applications for review 119
114. Insertion of new section 266A 119
266A. Definition 119
115. Review of required payments 120
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116. Application of Division 7 120
273AA. Application of Division 120
117. Time period for payment of fees under tariffs 120
118. Insertion of new Division 7A of Part 13 121
Division 7A--Payment and Recovery of Money Owed to
Melbourne Water Corporation 121
281A. Agreements with respect to collection of fees under
tariffs 121
281B. Recovery of fees under tariffs 122
281C. Inspection of rate records 123
119. Application of proceeds of disposal of water share 123
120. Insertion of new Parts 13A and 13B 124
PART 13A--PROCESS FOR TRANSFER OF
PROPERTY ETC. OF AUTHORITIES 124
287E. Definitions 124
287F. Application to Minister for approval of transfer
proposal 125
287G. Amendment of allocation statement 126
287H. Property transferred in accordance with allocation
statement 127
287I. Staff transferred in accordance with allocation
statement 127
287J. Allocation of property etc. subject to encumbrances 128
287K. Certificate of managing director 128
287L. Value of transferred property 129
287M. Substitution of party to agreement 129
287N. Former transferor instruments 130
287O. Proceedings 130
287P. Interests in land 130
287Q. Easements 131
287R. Amendment of Register 131
287S. Taxes 131
287T. Evidence 132
287U. Validity of things done under this Part 132
PART 13B--PROCEDURES FOR MAKING BY-LAWS 133
Division 1--Preliminary 133
287V. Definitions 133
287W. Authorities required to use certain procedures when
making by-laws 134
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Division 2--Procedure for Making By-laws Using Model
By-laws 134
287X. Requirements for Minister when issuing model
by-laws 134
287Y. Minister to give notice of proposed model by-law 134
287Z. Inspection of proposed model by-law 135
287ZA. Submissions on model by-laws 135
287ZB. Issuing of model by-laws 136
287ZC. Making and giving of notice of making of by-law
using model by-law 136
Division 3--Procedure for Making By-laws Not Using
Model By-laws 137
287ZD. Obligation of Authorities when exercising by-law
making power 137
287ZE. Authority to give notice of proposed by-law 137
287ZF. Inspection of proposed by-law 138
287ZG. Submissions on by-laws 138
287ZH. Consideration and Ministerial approval 139
287ZI. Making and giving of notice of making 139
Division 4--General 140
287ZJ. Effect of by-laws 140
287ZK. Inspection of by-laws 140
287ZL. Automatic revocation of by-laws 141
121. Insertion of new section 295A 141
295A. Power to issue infringement notices 141
122. Service of documents 142
123. Incorporation of plans etc. in other instruments 142
124. Change of cross-reference 143
125. Ministerial directions 143
126. Insertion of new section 307A 144
307A. Reimbursement of cost of complying with directions 144
127. Guidelines as to terms and conditions of employment 145
128. Insertion of new section 324A 145
324A. Powers to make regulations as to elections 145
129. Insertion of new sections 325A and 330A 147
325A. Effect of Schedule 15 147
330A. Effect of Schedule 16 147
130. Insertion of new sections 332 and 333 147
332. Transitional and validation provision--Longwarry
Drainage Trust 147
333. Amendment of Register 149
131. Substitution of Schedule 1 150
SCHEDULE 1--Water Corporations and Former Water
Authorities 150
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132. Substitution of Schedule 2 151
SCHEDULE 2--Transitional Provisions Applying on
Restructuring or Abolition of Water
Corporations 151
133. Substitution of Schedule 3 154
SCHEDULE 3--Particular Powers of Melbourne Water
Corporation 154
134. Amendment of Schedule 6--First Mildura Irrigation Trust 154
135. Repeal of Schedules relating to former bodies 156
136. Repeal of Schedules 11 and 12 156
137. Amendment of Schedule 12A--mortgages 156
138. Schedule 15, amendment of definition of owner 156
139. Schedule 15, conversion of prior joint right 156
140. Schedule 15, conversion of prior water right 157
141. Amendment of Schedule 15--correction of reference 157
142. Schedule 15, conversion of prior domestic and stock right 157
143. Amendment of Schedule 15--correction of reference 157
144. Schedule 15, holdings to which no rights apply 157
145. Schedule 15, serviced property 157
146. Schedule 15, mortgages 158
147. Schedule 15, works licences 159
148. Insertion of new Schedule 16 159
SCHEDULE 16--Transitional Arrangements Water
(Governance) Act 2006 159
PART 3--AMENDMENTS TO THE CATCHMENT AND LAND
PROTECTION ACT 1994 169
149. Definitions 169
150. Amendment of headings 170
151. Substitution of sections 11 to 14 170
Division 3--Catchment Management Authorities 170
11. Establishment of Authorities 170
12. Functions powers and duties of Authorities 171
13. Appointment of administrator 173
14. Application of Public Administration Act 2004 175
Division 4--Boards 175
15. Board 175
16. Function of boards 176
17. Terms and conditions of appointment of members of
boards 177
18. Appointment of chairperson 177
18A. Deputy chairperson 177
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18B. Acting appointments 178
18C. When a member ceases to hold office 178
18D. Removal from office of member 179
18E. Validity of decisions 179
18F. Improper use of information 180
18G. Effect of pecuniary interests 180
18H. What constitutes a pecuniary interest? 183
18I. Pecuniary interest does not prevent voting and
consideration of some questions 185
18J. Effect of finding of guilt for offence against
section 18G 186
18K. Submission of returns by members and nominated
officers 187
18L. Information to be disclosed in primary and ordinary
returns 188
18M. Authority to maintain a register 190
18N. Proceedings of the board of an Authority 191
18O. Special meetings 192
18P. Resolutions without meetings 193
18Q. Allowances 194
18R. Expenses 194
152. Repeal of redundant heading 194
153. Immunity 194
154. Insertion of new Division 5 of Part 2 of the Catchment and
Land Protection Act 1994 195
Division 5--Other Provisions Relating to Catchment
Management Authorities 195
19A. Power of Minister to give directions 195
19B. Annual report 196
19C. Corporate plans 196
19D. Statement of corporate intent: contents 197
19E. Statements of obligations of Authorities 198
19F. Powers of delegation of an Authority 199
19G. Chief Executive Officer 200
19H. Delegation of powers of Chief Executive Officer 200
19I. Employment of officers of Authorities 201
19J. Committees established by Authorities 201
155. Repeal of section 30(4) 202
156. Amendment of Part heading 202
157. Insertion of new section 95A 203
95A. Incorporation of documents in certain subordinate
instruments 203
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158. Substitution of sections 96 to 102 203
96. Definition 203
97. Validation of certain orders or other instruments 203
98. Catchment Management Authorities deemed to be the
same body 204
159. Consequential repeal of Schedules 1, 4 and 6 206
PART 4--AMENDMENT AND REPEAL OF OTHER ACTS 207
160. Delegations to Catchment Management Authorities--
Conservation, Forests and Lands Act 1987 207
161. Insertion of new section 7AB in the Limitation of Actions
Act 1958 207
7AB. No title by adverse possession against water
authorities etc. 207
162. Repeal of Melbourne Water Corporation Act 1992 208
163. Repeal of Melbourne and Metropolitan Board of Works
Act 1958 208
164. Repeal of reference to water authorities in Public Authorities
(Dividends) Act 1983 208
165. Amendment of Road Management Act 2004 208
166. Insertion of new section 60A in the Water Industry Act 1994 209
60A. Power to issue infringement notices 209
167. Insertion of new section 77A in the Water Industry Act 1994 209
77A. Annual report of certain information to be given to
Minister and tabled 209
168. Plan to contain 4 stages of restrictions and prohibitions--
section 78B of Water Industry Act 1994 210
169. Implementation of plan--section 78G of Water Industry
Act 1994 211
170. Section 78H substituted and new section 78HA inserted in
Water Industry Act 1994 212
78H. Contravention of plan 212
78HA. Power to serve an infringement notice 214
171. Amendment of Water (Resource Management) Act 2005--
payment of compensation 216
172. Amendment of Valuation of Land Act 1960 217
173. Effect of Schedule 217
PART 5--AMENDMENTS TO THE WERRIBEE SOUTH LAND
ACT 1991 218
174. Long-term marina development leases 218
175. Effect of Schedule 2 218
__________________
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SCHEDULES 219
SCHEDULE 1--Consequential Amendments 219
SCHEDULE 2--Amendment to Werribee South Land Act 1991 227
ENDNOTES 228
xiii
551435B.A1-4/10/2006 BILL LA AS SENT 4/10/2006
PARLIAMENT OF VICTORIA
Initiated in Assembly 8 August 2006
As amended by Assembly 4 October 2006
A BILL
to amend the Water Act 1989 to make provision for water
corporations and to make other amendments to that Act, to amend the
Catchment and Land Protection Act 1994 to make further provision
for Catchment Management Authorities and to make other
amendments to that Act, to repeal the Melbourne and Metropolitan
Board of Works Act 1958 and the Melbourne Water Corporation
Act 1992 and to make further amendments to the Conservation,
Forests and Lands Act 1987, the Limitation of Actions Act 1958,
the Public Authorities (Dividends) Act 1983, the Road
Management Act 2004, the Water Industry Act 1994, the
Valuation of Land Act 1960, the Water (Resource Management)
Act 2005 and the Werribee South Land Act 1991.
Water (Governance) Act 2006
The Parliament of Victoria enacts as follows:
1
551435B.A1-4/10/2006 BILL LA AS SENT 4/10/2006
Water (Governance) Act 2006
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Water Act 1989 to make
provision for water corporations and to make
5
other amendments to that Act; and
(b) to amend the Catchment and Land
Protection Act 1994 to make further
provision in relation to Catchment
Management Authorities and to make other
10
amendments to that Act; and
(c) to repeal the Melbourne and Metropolitan
Board of Works Act 1958 and the
Melbourne Water Corporation Act 1992;
and
15
(d) to make amendments to the Conservation,
Forests and Lands Act 1987, the Limitation of
Actions Act 1958, the Public Authorities
(Dividends) Act 1983, the Road Management
Act 2004, the Water Industry Act 1994, the
20
Valuation of Land Act 1960 and the Water
(Resource Management) Act 2005; and
(e) to amend the Werribee South Land Act
1991 to make further provision for leasing
powers under that Act and to make other
25
related amendments to that Act.
2. Commencement
(1) Section 1, this section and section 161 come into
operation on the day after the day on which this
Act receives the Royal Assent.
30
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
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551435B.A1-4/10/2006 BILL LA AS SENT 4/10/2006
Water (Governance) Act 2006
Act No.
Part 1--Preliminary
s. 2
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 2007, it
comes into operation on that day.
__________________
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551435B.A1-4/10/2006 BILL LA AS SENT 4/10/2006
Water (Governance) Act 2006
Act No.
Part 2--Amendments to the Water Act 1989
s. 3
See: PART 2--AMENDMENTS TO THE WATER ACT 1989
Act No.
80/1989.
3. Definitions
Reprint No. 8
as at
In section 3(1) of the Water Act 1989--
3 August 2006
and
amending (a) insert the following definitions
Act Nos
79/2005 and
' "area of interest", in relation to a water
5 99/2005.
corporation, means an area of land that
LawToday:
www.dms.
is declared to be an area of interest
dpc.vic.
under section 122U;
gov.au
"biosolids" means stabilised organic solids
derived from the treatment of sewage;
10
"board of directors" means--
(a) in relation to a water corporation,
the board of directors established
under Division 3 of Part 6 for that
corporation; and
15
(b) in relation to a Catchment
Management Authority, the board
established under Division 4 of
Part 2 of the Catchment and
Land Protection Act 1994 for
20
that Authority;
"Central Gippsland Region Water
Authority" means the Central
Gippsland Region Water Authority
constituted by Order made on 16
25
December 1994 by the Minister and
published in the Government Gazette
on 19 December 1994;
"central plan office" means the Central
Plan Office of the Department of
30
Sustainability and Environment;
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Water (Governance) Act 2006
Act No.
Part 2--Amendments to the Water Act 1989
s. 3
"designated land" means land that--
(a) in relation to an Authority, other
than Melbourne Water
Corporation, is declared under
section 188 as designated land;
5
and
(b) in relation to Melbourne Water
Corporation, is designated land
under section 188A;
"designated waterway" means a waterway
10
that--
(a) in relation to an Authority, other
than Melbourne Water
Corporation, is declared under
section 188 as a designated
15
waterway; and
(b) in relation to Melbourne Water
Corporation, is a designated
waterway under section 188A;
"designated works" means works that--
20
(a) in relation to an Authority, other
than Melbourne Water
Corporation, are declared under
section 188 as designated works;
and
25
(b) in relation to Melbourne Water
Corporation, are designated works
under section 188A, or are
declared as designated works
under that section;
30
"environment Minister" means the
Minister administering Part 4 of the
Catchment and Land Protection Act
1994;
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Water (Governance) Act 2006
Act No.
Part 2--Amendments to the Water Act 1989
s. 3
"First Mildura Irrigation Trust" means
the water corporation known as First
Mildura Irrigation Trust;
"municipal district", in relation to a
Council, has the same meaning as in the
5
Local Government Act 1989;
"nominated officer" means each senior
officer of a water corporation who is
nominated by the water corporation;
"return period", in relation to the ordinary
10
return of a member of the board of
directors of a water corporation or a
nominated officer in section 114,
means--
(a) if the last return of the member or
15
nominated officer was a primary
return, the period between the date
of the primary return and the next
30 June; or
(b) if the last return of the member or
20
nominated officer was an ordinary
return, the period between the date
of the ordinary return and the next
30 June;
"storage manager" means--
25
(a) where an Authority is appointed
under Part 6C as a storage
manager, the Authority in relation
to any land for which it is so
appointed;
30
(b) in any other case, an Authority
where it is exercising the
functions of a storage manager
under Part 8;
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Water (Governance) Act 2006
Act No.
Part 2--Amendments to the Water Act 1989
s. 3
"water corporation" means a water
corporation established or re-structured
under Division 1 of Part 6;';
(b) for the definition of "Authority"
substitute--
5
' "Authority" means a water corporation or
a Catchment Management Authority;';
(c) in the definition of "domestic partner", in
paragraph (a) for "93 and 95" substitute
"110 and 114";
10
(d) the definition of "election" is repealed;
(e) for the definition of "irrigation district"
substitute--
' "irrigation district", in relation to an
Authority, means--
15
(a) any district that the Authority is
deemed to have as an irrigation
district under Division 1 of
Part 6A, and (where the case so
requires) any such district as
20
extended or changed under
Part 6A; and
(b) any district that is declared to be
an irrigation district of the
Authority under Division 2 of
25
Part 6A, and (where the case so
requires) any such district as
extended or changed under
Part 6A;';
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(f) for the definition of "Melbourne Water"
substitute--
' "Melbourne Water Corporation" means
the water corporation known as
Melbourne Water Corporation;';
5
(g) the definition of "member" is repealed;
(h) the definition of "secretary" is repealed;
(i) in the definition of "serviced property", after
paragraph (g) insert--
"(h) in relation to the waterway
10
management district of Melbourne
Water Corporation, means any land that
is serviced property under
section 144A;";
(j) for the definition of "sewerage district"
15
substitute--
' "sewerage district", in relation to an
Authority, means--
(a) any district that the Authority is
deemed to have as a sewerage
20
district under Division 1 of
Part 6A, and (where the case so
requires) any such district as
extended or changed under
Part 6A; and
25
(b) any district that is declared to be a
sewerage district of the Authority
under Division 3 of Part 6A, and
(where the case so requires) any
such district as extended or
30
changed under Part 6A;';
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(k) for the definition of "water allocation"
substitute--
' "water allocation"--
(a) in relation to an environmental
entitlement, means the volume of
5
water determined under a seasonal
determination to be available for
the entitlement;
(b) in relation to a water share, means
the amount of water allocated to
10
the water share at any particular
time, in accordance with
Division 7 of Part 3A;';
(l) for the definition of "water district"
substitute--
15
' "water district", in relation to an
Authority, means--
(a) any district that the Authority is
deemed to have as a water district
under Division 1 of Part 6A, and
20
(where the case so requires) any
such district as extended or
changed under Part 6A; and
(b) any district that is declared to be a
water district of the Authority
25
under Division 3 of Part 6A, and
(where the case so requires) any
such district as extended or
changed under Part 6A;';
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(m) for the definition of "waterway management
district" substitute--
' "waterway management district", in
relation to an Authority, means--
(a) any district that the Authority is
5
deemed to have as a waterway
management district under
Division 1 of Part 6A, and (where
the case so requires) any such
district as extended or changed
10
under Part 6A; and
(b) any district that is declared to be a
waterway management district of
the Authority under Division 3 of
Part 6A, and (where the case so
15
requires) any such district as
extended or changed under
Part 6A;'.
4. Repeal of reference
Sections 9(1)(b) and 9(1)(c) of the Water Act
20
1989 are repealed.
5. Repeal of reference
In section 22M(a) of the Water Act 1989 omit
"or Catchment Management Authority".
6. Copy of management plan to be given to Melbourne
25
Water Corporation
In section 32C(2) of the Water Act 1989--
(a) in paragraph (b), for "in the area." substitute
"in the area; and";
(b) at the end of the sub-section insert--
30
"(c) Melbourne Water Corporation, if the
area is wholly or partly in the waterway
management district of Melbourne
Water Corporation.".
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7. Statute Law Revision
In section 32G(2)(c) of the Water Act 1989, for
"that amendment" substitute "amendment".
8. Transfer of ownership of water share
For section 33S(2)(b) of the Water Act 1989
5
substitute--
"(b) in any other case, one of the owners of the
water share must not transfer his or her
ownership of the water share without the
consent of each of the other owners of the
10
water share.".
9. Limited term transfers
(1) In section 33T(1) of the Water Act 1989, after
"water-use registration" insert "or of land in
another State or a Territory of the
15
Commonwealth".
(2) After section 33T(4) of the Water Act 1989
insert--
"(5) The holder of a limited term transfer may
surrender the limited term transfer.".
20
10. Assignments of water allocations under water shares
(1) In section 33U(1) of the Water Act 1989, for
"to a person who is the owner or occupier of land
specified in a water-use licence or water-use
registration" substitute--
25
"to--
(a) a person who is the holder of a bulk
entitlement; or
(b) a person who is the owner or occupier of
land specified in a water-use licence or
30
water-use registration; or
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(c) a person who is the owner or occupier of
land in another State or a Territory of the
Commonwealth; or
(d) a person who represents the Crown in right
of another State or a Territory of the
5
Commonwealth; or
(e) the environment Minister on behalf of the
Crown.".
(2) After section 33U(1) of the Water Act 1989
insert--
10
"(1A) A person who, as a result of the operation of
section 33S(3), has a water allocation
available to that person, may assign the
whole or a part of the water allocation to--
(a) a person who is the holder of a bulk
15
entitlement; or
(b) a person who is the owner or occupier
of land specified in a water-use licence
or water-use registration; or
(c) a person who is the owner or occupier
20
of land in another State or a Territory of
the Commonwealth; or
(d) a person who represents the Crown in
right of another State or a Territory of
the Commonwealth; or
25
(e) the environment Minister on behalf of
the Crown.".
(3) In section 33U(3) of the Water Act 1989, for
"water allocations under the water share"
substitute "water under the water allocation under
30
the water share".
(4) In section 33U(4) of the Water Act 1989, for
"the taking of water" substitute "water to be
received".
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11. Further assignments of water allocations under
water shares
(1) In section 33V(1) of the Water Act 1989, for
"the assigned water allocation to the owner or
occupier of land specified in a water-use licence
5
or water-use registration" substitute--
"the assigned water allocation to--
(a) a person who is the holder of a bulk
entitlement; or
(b) a person who is the owner or occupier of
10
land specified in a water-use licence or
water-use registration; or
(c) a person who is the owner or occupier of
land in another State or a Territory of the
Commonwealth; or
15
(d) a person who represents the Crown in right
of another State or a Territory of the
Commonwealth; or
(e) the environment Minister, on behalf of the
Crown.".
20
(2) After section 33V(2) of the Water Act 1989
insert--
"(3) An assignment under this section entitles the
holder of the assignment to receive water
under the water allocation under the water
25
share from the date specified in the
assignment.".
12. Ministerial approval for transfers etc.
(1) In section 33X(3) of the Water Act 1989, after
"sub-section (1)" insert "(a)".
30
(2) In section 33X(5) of the Water Act 1989, for
"this section" substitute "sub-section (1)(a)
or (b)".
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13. Division of water shares
For section 33Y(2) and (3) of the Water Act 1989
substitute--
"(2) In granting an application under sub-
section (1), the Minister must consider any
5
relevant rules made under Division 13.
(3) On the division of a water share under sub-
section (1), any mortgage that applied to the
water share immediately before that division
is, on and from the division, deemed to
10
apply--
(a) in the case of the cancellation of the old
share under sub-section (1)(a), to each
new share that is issued; or
(b) in the case of the variation of one share
15
and the issue of one or more new shares
under sub-section (1)(b), to the share
that is varied and to each new share that
is issued.".
14. Consolidation of water shares
20
Section 33Z(3)(b) of the Water Act 1989 is
repealed.
15. Insertion of new section 33ABA
After section 33AB of the Water Act 1989
insert--
25
"33ABA. Cancellation where rights outside
declared water system are obtained
(1) A person who is the owner of a water share
may apply to the Minister for the water share
to be cancelled on the issuing of a right in a
30
non-declared water system.
(2) The Minister, in cancelling a water share
under this section must consider any relevant
rules under Division 13.".
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16. Service provision fees
For section 33AJ(1) of the Water Act 1989
substitute--
"(1) Each Authority that provides services to the
owners of water shares, that are services
5
provided in relation to the water shares may
make a determination for or with respect to
fees to be paid by the owner of the water
share for the provision of those services
including but not limited to--
10
(a) obligations as to the payment of any
such fees; and
(b) the amount of any such fees.".
17. Statute Law Revision
In section 33AR(6) of the Water Act 1989, for
15
"sub-section (4)" substitute "sub-section (1)".
18. Obligations on cessation of ownership or occupation
of land
In section 33AS(3) of the Water Act 1989, for
"who owns an associated water share in respect of
20
which notice has been given to the Minister under
this section" substitute "who owns a water share
that is an associated water share, who ceases to be
the owner or occupier of the land that is associated
with the water share".
25
19. Obligations on cancellation of water-use registration
(1) In the heading to section 33AU of the Water Act
1989, omit "revocation or".
(2) In section 33AU(1) of the Water Act 1989--
(a) in paragraph (a), omit "revoked or";
30
(b) in paragraph (b)(ii), omit "or revocation".
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20. Substitution of section 33AV
For section 33AV of the Water Act 1989
substitute--
"33AV. Effect of death of owner of water share or
holder of limited term transfer
5
(1) On the death of a person who is the sole
owner of a water share, the share forms part
of the estate of that person.
(2) On the death of a person who owns a water
share as a joint tenant with other persons, the
10
remaining owners of the water share become
the joint owners of the share.
(3) On the death of a person who owns a water
share as a tenant in common with other
persons, that person's portion of the water
15
share becomes part of the estate of that
person.
(4) On the death of a person who is the sole
holder of a limited term transfer, the transfer
forms part of the estate of that person.
20
(5) On the death of a person who holds a limited
term transfer as a joint tenant with other
persons, the remaining holders of the limited
term transfer become the joint holders of the
transfer.
25
(6) On the death of a person who holds a limited
term transfer as a tenant in common with
other persons, that person's portion of the
limited term transfer becomes part of the
estate of that person.".
30
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21. Application of Division 1 of Part 4--MWC
After section 35(2) of the Water Act 1989
insert--
"(3) Melbourne Water Corporation may, in
relation to any entitlement to take water that
5
it has and that is continued by clause 14 of
Schedule 16, apply in accordance with
section 47 to have that entitlement converted
to an entitlement under this Division.".
22. Application for bulk entitlement--MWC
10
Section 36(1)(d) of the Water Act 1989 is
repealed.
23. Repeal of reference to storage operator in section 43
In section 43(c) of the Water Act 1989, for
"operator" substitute "manager".
15
24. Repeal of references to storage operators in
section 43A
(1) For the heading to section 43A of the Water Act
1989 substitute--
"Appointment of resource managers and
20
environmental managers".
(2) Section 43A(1)(a) of the Water Act 1989 is
repealed.
25. Conversion of bulk entitlement--MWC
In section 47(1) of the Water Act 1989, after
25
"35(2)" insert "or section 35(3)".
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26. Definitions for environmental entitlements
In section 48A of the Water Act 1989--
(a) insert the following definition--
' "apply", in relation to water, includes the
taking or use of water;';
5
(b) the definition of "environment Minister" is
repealed.
27. Insertion of new section 48BA
After section 48B of the Water Act 1989
insert--
10
"48BA. Authorisation of entitlement
An environmental entitlement authorises--
(a) the holder of the entitlement to apply
any water allocation under the
entitlement (other than a water
15
allocation that has been assigned under
section 48L or 48M) for the purpose set
out in section 48B(2); or
(b) a person to whom a water allocation
has been assigned under section 48L or
20
48M to apply any water allocation that
has been assigned to that person for any
purpose (whether or not it is a purpose
set out in section 48B(2).".
28. Amendment of entitlement
25
For section 48K(1), (2) and (3) substitute--
"(1) The Minister, at the request of the
environment Minister, may amend an
entitlement under this Division.
(2) The environment Minister must not request
30
an amendment to an entitlement under this
Division unless he or she is of the opinion
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that the amendment would benefit the
environmental water reserve.
(3) An amendment to an entitlement under this
section must be made by instrument and
published in the Government Gazette.".
5
29. Insertion of new section 48K
After section 48K of the Water Act 1989
insert--
"48KA. Water allocations may be applied for
other environmental entitlements
10
The environment Minister, after consulting
the Minister, may apply a water allocation
(that has been determined by an Authority
for an environmental entitlement in a water
system) for the purposes of an environmental
15
entitlement that is not the environmental
entitlement in the water system for which the
water allocation was determined.".
30. Assignment of water allocation under
environmental entitlement
20
(1) In the heading to section 48L of the Water Act
1989, for "allocation of water" substitute
"water allocation".
(2) For section 48L(1) of the Water Act 1989
substitute--
25
"(1) The environment Minister may, by
instrument, assign the whole or a part of a
water allocation available under an
environmental entitlement (at the time at
which the assignment is made) to--
30
(a) a person who is the owner or occupier
of land specified in a water-use licence
or water-use registration; or
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(b) a person who is the owner or occupier
of land in another State or a Territory of
the Commonwealth; or
(c) a person who represents the Crown in
the right of another State or a Territory
5
of the Commonwealth; or
(d) a person who is the holder of a bulk
entitlement.
(1A) The environment Minister must not make an
assignment under sub-section (1) unless he
10
or she has first obtained the approval of the
Minister for the assignment.
(1B) An assignment under this section entitles the
holder of the assignment to receive water
under the water allocation under the
15
environmental entitlement from the date
specified in the assignment.".
31. Further assignment of water allocation under
environmental entitlement
(1) In section 48M of the Water Act 1989, for
20
"an allocation of water" substitute "a water
allocation".
(2) At the end of section 48M of the Water Act 1989
insert--
"(2) An assignment under this section entitles the
25
holder of the assignment to receive water
under the water allocation under the
environmental entitlement from the date
specified in the assignment.".
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32. Ministerial approvals
(1) For section 48O(1) of the Water Act 1989
substitute--
"(1) The Minister may--
(a) on a request from the environment
5
Minister, approve the assigning of a
water allocation for the purposes of
section 48L; or
(b) on an application by a person, approve
the assigning of a water allocation for
10
the purposes of section 48M.".
(2) Section 48O(4) of the Water Act 1989 is
repealed.
33. Insertion of new sections 48PA and 48PB
After section 48P of the Water Act 1989 insert--
15
"48PA. Applications under this Division
An application under this Division--
(a) must be in the form and made in the
manner approved by the Minister; and
(b) must be accompanied by the prescribed
20
fee.
48PB. Power of environment Minister to
delegate
The environment Minister may delegate, by
instrument, any of the environment
25
Minister's functions, powers or duties under
this Division other than this power of
delegation, to--
(a) a Catchment Management Authority; or
(b) Melbourne Water Corporation; or
30
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(c) the Chief Executive of Parks Victoria;
or
(d) the Department Head.".
34. Application for licence to go to Melbourne Water
Corporation
5
For section 51B(c) of the Water Act 1989
substitute--
"(c) Melbourne Water Corporation, if the dam is
or will be located in the waterway
management district of Melbourne Water
10
Corporation; and".
35. Insertion of new section 61A
After section 61 of the Water Act 1989 insert--
"61A. Cancellation of licence where water share
obtained in declared water system
15
(1) The holder of a licence issued under
section 51 may apply to the Minister for the
licence to be cancelled on the issuing of a
water share in a declared water system.
(2) In cancelling a licence under this section, the
20
Minister must have regard to any relevant
rules made under this Division.".
36. Repeal of Division 3 of Part 4
Division 3 of Part 4 of the Water Act 1989 is
repealed.
25
37. Repeal of reference
In section 64I(1) of the Water Act 1989, for
"sections 160 and 161" substitute "section 160".
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38. Offence to use water without licence or registration
(1) In section 64J(1) of the Water Act 1989, for
", being water that is authorised to be taken under
Part 3A," substitute ", being water that is from a
declared water system,".
5
(2) In section 64J(2) of the Water Act 1989, for
", being water that is authorised to be taken under
Part 3A," substitute ", being water that is from a
declared water system,".
39. Further offences for water use
10
(1) In section 64K(1) of the Water Act 1989 for
"under a water share under Part 3A" substitute
"under Part 3A or under an assignment under
section 48L or 48M".
(2) In section 64K(3)(c) of the Water Act 1989, for
15
"prescribed documents and information"
substitute "documents or information required by
the Minister".
40. Obligations of Minister in granting water-use
licences
20
Section 64N(a) of the Water Act 1989 is
repealed.
41. Licence applications
In section 64P(d) of the Water Act 1989 for "the
prescribed fee" substitute "the fee determined by
25
the Minister".
42. Applications under section 64AI
For sections 64AI(1)(c) and 64AI(1)(d) of the
Water Act 1989 substitute--
"(c) be accompanied by any prescribed
30
documents or prescribed information or
information or documents required by the
Minister; and
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(d) be accompanied by the fee determined by the
Minister".
43. Power to register water-uses
In section 64AP of the Water Act 1989 for
"(authorised to be taken under Part 3A)"
5
substitute ", being water that is from a declared
water system,".
44. Applications for water-use registrations
In section 64AR(2)(d) of the Water Act 1989 for
"the prescribed fee" substitute "the fee
10
determined by the Minister".
45. Applications under section 64AU
In section 64AU(3) of the Water Act 1989--
(a) in paragraph (c), for "prescribed document or
prescribed information" substitute
15
"documents or information required by the
Minister";
(b) in paragraph (d), for "the prescribed fee"
substitute "the fee determined by the
Minister".
20
46. Works licences
After section 67(2) of the Water Act 1989
insert--
"(3) This section does not apply to the
abandonment or decommissioning of any
25
works of an Authority, if the works are major
works.
(4) After consultation with the Minister
administering the Conservation, Forests
and Lands Act 1987, a licence issued under
30
this section may include authority to enter on
any Crown land other than land which is
subject to a licence granted under Part 3A of
the Victorian Plantations Corporation Act
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1993 and to install and operate works on that
land, under the licence, for the purpose of
raising water.
(5) The licensee is liable to compensate any
person who suffers any pecuniary loss as a
5
direct, natural and reasonable consequence
of the exercise of an authority granted under
sub-section (4).
(6) The amount of compensation payable is as
agreed by the parties or, in the absence of
10
agreement, as determined by the Tribunal.".
47. Application for works licence to go to Melbourne
Water Corporation
For section 67A(d) of the Water Act 1989
substitute--
15
"(d) Melbourne Water Corporation, if the dam is
or will be located in the waterway
management district of Melbourne Water
Corporation; and".
48. Works licence conditions
20
After section 71(1) of the Water Act 1989
insert--
"(1A) In addition to any conditions to which a
licence under section 67 is subject under sub-
section (1), a licence under section 67 is
25
subject to conditions that are prescribed or
fixed by the Minister relating to--
(a) the maximum amounts of water which
may be taken in particular periods or
circumstances from any bore or works
30
to which the licence relates; or
(b) the installation and use of measuring
devices and pumps; or
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(c) the operation of any bore or works
(to which the licence relates) for
extracting water from waterways.".
49. Applications under section 73A
In section 73A(3) of the Water Act 1989--
5
(a) in paragraph (c), for "prescribed document or
prescribed information" substitute
"documents or information required by the
Minister"'
(b) in paragraph (d), for "the prescribed fee"
10
substitute "the fee determined by the
Minister".
50. Insertion of new section 84JA
After section 84J of the Water Act 1989 insert--
"84JA. Recording of surrender of limited term
15
transfer
(1) If the holder of a limited term transfer
surrenders the limited term transfer, that
person may lodge with the Registrar a
document for a recording of the surrender to
20
be made in the water register in respect of
the water share that is the subject of the
limited term transfer.
(2) A document lodged under sub-section (1)
must be in the approved form.".
25
51. Recording of survivor of joint owners of water share
For section 84L(3) of the Water Act 1989
substitute--
"(3) On being satisfied as to proof of the death of
a joint owner of a water share, the Registrar
30
may make a recording of the transmission by
survivorship.".
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52. Statute Law Revision
In section 84ZB(4)(c) of the Water Act 1989, for
"section 33AB" substitute "section 33AAB".
53. Statute Law Revision
In section 84ZG(a) of the Water Act 1989, for
5
"section 33AC" substitute "section 33S".
54. Substitution of Part 6
For Part 6 of the Water Act 1989 substitute--
'PART 6--WATER CORPORATIONS
Division 1--Establishment, Restructuring,
10
Abolition and Administration of Water
Corporations
85. Establishment of water corporations
(1) There are established water corporations
each of which is to be known by a name set
15
out in an item in Column 1 of the table in
Schedule 1.
(2) The Minister may, by determination, with
the approval of the Treasurer, establish a
water corporation, if the Minister is satisfied
20
that it is necessary to do so for the purposes
of section 87, which is to be known by the
name set out in the determination.
(3) Each water corporation established under
this section--
25
(a) is a body corporate with perpetual
succession; and
(b) has an official seal; and
(c) may sue and be sued; and
(d) may acquire, hold or dispose of real and
30
personal property; and
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(e) may do and suffer all acts and things
that a body corporate may by law do
and suffer.
(4) All courts must take judicial notice of the
seal of a water corporation affixed to a
5
document and, until the contrary is proved,
must presume that it was duly affixed.
(5) The official seal of each water corporation
must be kept in the custody that is directed
by the water corporation and must not be
10
used, except as authorised by the water
corporation.
86. Application of Public Administration
Act 2004
The Public Administration Act 2004
15
applies to each water corporation as if that
water corporation were a public entity, but
not a small entity, within the meaning of that
Act, established on or after the
commencement of Part 5 of that Act.
20
87. Restructuring of water corporations
(1) The Minister may, by determination, with
the approval of the Treasurer appoint a water
corporation to take over the whole or any
part of the functions, powers and duties of
25
another water corporation under this Act.
(2) The Minister must not make a determination
under sub-section (1) unless--
(a) the Minister has reached agreement
with each water corporation that is
30
affected by the determination as to the
terms and conditions of the
determination; or
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(b) the Minister has before making such a
determination--
(i) given reasons for the
determination to all water
corporations affected by the
5
determination; and
(ii) laid a copy of the reasons for the
determination before both Houses
of the Parliament.
(3) If the water corporation to which section
10
95(2) applies is restructured under this
section, section 95(1) applies to the
restructured water corporation and section
95(2) does not apply.
88. Abolition of water corporations
15
(1) The Minister may, by determination, with
the approval of the Treasurer, abolish a water
corporation.
(2) The Minister must not make a determination
under sub-section (1) unless--
20
(a) a petition is delivered by a majority of
the persons subject to a tariff within the
water, sewerage, waterway
management and irrigation districts
(if any) of the water corporation to the
25
Minister requesting the abolition of the
water corporation; or
(b) the water corporation has no functions
to perform.
89. Publication of determinations as to
30
establishment, restructuring and abolition
The Minister must publish a determination
under section 85(2), 87 or 88 in the
Government Gazette.
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90. Effect of Schedule 2
Schedule 2 has effect with respect to any
determination made under section 87 or 88.
91. Appointment of administrator
(1) The Minister may, by determination, appoint
5
an administrator to carry out the functions of
a water corporation, if the water corporation
has failed to comply with a direction of the
Minister under section 307.
(2) A determination of the Minister under sub-
10
section (1)--
(a) must specify the term for which the
Administrator is appointed, which must
be not more than 12 months; and
(b) must set out reasons for the actions
15
proposed in it; and
(c) must be published in the Government
Gazette; and
(d) must be laid by the Minister before
both Houses of Parliament within
20
5 sitting days of each House after the
determination is made.
(3) During the period for which an administrator
is appointed under this section, the
administrator acts in substitution for the
25
board of directors in performing the
functions and duties of the water corporation.
(4) Any defect in relation to the appointment of
the administrator does not invalidate that
appointment or anything done by the
30
administrator.
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(5) On the expiry of a determination under this
section the Minister must determine whether
or not to--
(a) reinstate to his or her office each
member of the board of directors of the
5
water corporation whose term has not
expired; or
(b) dismiss each member of the board of
directors of the water corporation.
(6) The administrator goes out of office--
10
(a) if members are reinstated under sub-
section (5)(a), at the time of that
reinstatement; or
(b) if all the members are dismissed under
sub-section (5)(b), on the appointment
15
of new members--
as the case requires.
(7) If the term of appointment of the
administrator expires and a determination
under sub-section (5) has not been made,
20
members of the board of directors of the
water corporation whose term has not
expired, are re-instated.
Division 2--Functions, Powers, Duties and
Objectives of Water Corporations
25
92. Functions powers and duties of water
corporations
(1) Each water corporation has the functions,
powers and duties conferred on it by or
under this or any other Act.
30
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(2) In addition to any other functions conferred
on a water corporation by or under this or
any other Act, a water corporation has the
functions of--
(a) investigating, promoting and
5
conducting research into any matter
relating to its other functions, its
powers and its duties; and
(b) educating the community about its
functions.
10
(3) Schedule 3 has effect with respect to
Melbourne Water Corporation.
93. Sustainable management principles for
water corporations
Each water corporation, in performing its
15
functions, exercising its powers and carrying
out its duties must have regard to the
following principles--
(a) the need to ensure that water resources
are conserved and properly managed
20
for sustainable use and for the benefit
of present and future generations; and
(b) the need to encourage and facilitate
community involvement in the making
and implementation of arrangements
25
relating to the use, conservation and
management of water resources; and
(c) the need to integrate both long term and
short term economic, environmental,
social and equitable considerations; and
30
(d) the need for the conservation of
biological diversity and ecological
integrity to be a fundamental
consideration; and
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(e) if there are threats of serious or
irreversible environmental damage,
lack of full scientific certainty as to
measures to address the threat should
not be used as a reason for postponing
5
such measures.
94. Business objective for water corporations
Each water corporation, in performing its
functions, exercising its powers and carrying
out its duties has the objective that the water
10
corporation must act as efficiently as
possible consistent with commercial practice.
Division 3--Boards of Directors
95. Board of directors
(1) Subject to sub-section (2), each water
15
corporation must have a board of directors
consisting of--
(a) not less than 2 and not more than
8 directors appointed by the Minister,
or, in the case of Melbourne Water
20
Corporation, appointed by the Minister
together with the Treasurer (of whom
one is to be appointed as chairperson
under section 104); and
(b) the managing director of the water
25
corporation.
(2) The First Mildura Irrigation Trust must have
a board of directors consisting of--
(a) 6 directors elected by the owners or
occupiers of rateable land within the
30
irrigation district of the Authority in
accordance with Schedule 6 and any
regulations made under section 324A
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(of whom one is to be appointed as
chairperson under section 104); and
(b) the managing director of the First
Mildura Irrigation Trust.
(3) For the purposes of sub-section (1)(a), the
5
Minister, or in the case of Melbourne Water
Corporation, the Minister together with the
Treasurer, may from time to time, by
instrument, determine the number of
directors for each water corporation.
10
(4) The board of directors of a water
corporation--
(a) is responsible for--
(i) the strategic planning of the
corporation; and
15
(ii) the management of the affairs of
the corporation; and
(b) may exercise the powers of the
corporation.
(5) When acting under sub-section (4), the board
20
of directors of a water corporation must do
so having regard to the principles set out in
section 93 and the objective set out in
section 94.
96. Other duties not affected
25
This Part has effect in addition to and not in
derogation of, any Act or law relating to the
criminal or civil liability of directors and
does not prevent the institution of any
criminal or civil proceedings in respect of
30
such a liability.
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97. Appointment of members of board of
directors
In appointing persons to be members of the
board of directors of a water corporation, the
Minister or, in the case of Melbourne Water
5
Corporation, the Minister together with the
Treasurer, must ensure that each person so
appointed has qualifications and experience
that are relevant to the operations of the
water corporation.
10
98. Terms and conditions of appointment of
members of board of directors
(1) A member of the board of directors of a
water corporation holds office, subject to this
Act--
15
(a) for the term, not exceeding 4 years, that
is specified in the instrument of his or
her appointment and is eligible for
re-appointment; and
(b) subject to this section, on the other
20
terms and conditions that are
determined by the Minister or, in the
case of Melbourne Water Corporation,
the Minister together with the
Treasurer.
25
(2) Each member of the board of directors of a
water corporation holds office on a part-time
basis.
(3) In this section "member of the board of
directors" does not include the managing
30
director.
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99. Managing Director
(1) The board of a water corporation may
appoint a person as the managing director of
the water corporation, on a full-time or part-
time basis.
5
(2) The managing director of a water
corporation holds office, subject to this
Act--
(a) for the term, not exceeding 5 years that
is specified in the instrument of his or
10
her appointment, and is eligible for
re-appointment; and
(b) subject to the terms and conditions that
are specified in that instrument.
(3) The managing director of a water
15
corporation is not capable of being appointed
as the chairperson, deputy chairperson or
another director of the corporation.
100. When a member of the board of directors
of a water corporation ceases to hold
20
office
(1) The office of member of the board of
directors becomes vacant if the member--
(a) resigns in accordance with sub-
section (3); or
25
(b) becomes an insolvent under
administration (within the meaning of
the Corporations Act); or
(c) fails to attend 3 consecutive meetings
of the board of directors without the
30
approval of the board; or
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(d) is found guilty of an indictable offence;
or
(e) holds a paid office in the water
corporation.
(2) Sub-section (1)(e) does not apply to the
5
managing director.
(3) A person may resign from the office of
member of the board of directors by notice in
writing delivered to the Minister.
101. Removal from office of member of the
10
board of directors
(1) The Minister, or, in the case of Melbourne
Water Corporation, the Minister together
with the Treasurer, may at any time remove a
member of the board of directors of a water
15
corporation, other than the managing
director, from the office of member.
(2) The Minister or, in the case of Melbourne
Water Corporation, the Minister together
with the Treasurer, must remove a person
20
from the office of member of the board of
directors, other than the managing director, if
the member--
(a) is found guilty of such an offence that
the Minister or, in the case of
25
Melbourne Water Corporation, the
Minister together with the Treasurer, is
satisfied may affect the member's
ability to carry out the duties of his or
her office as member; or
30
(b) fails without reasonable cause to
disclose any interest under section 109.
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102. Acting Managing Director
(1) The board of directors of a water corporation
may appoint a person to act as managing
director of the water corporation if--
(a) the office of managing director is
5
vacant; or
(b) the managing director is absent or is
unable, for any reason, to perform the
duties of the office.
(2) The acting managing director of a water
10
corporation is not capable of being the
chairperson, deputy chairperson or another
director of the corporation.
103. Removal of managing director
The board of directors of a water corporation
15
must remove a person from the office of
managing director if the managing director--
(a) is found guilty of an offence relating to
his or her duties as managing director;
or
20
(b) fails without reasonable cause to
disclose any interest under section 109.
104. Chairperson
The Minister, or, in the case of Melbourne
Water Corporation, the Minister together
25
with the Treasurer, must appoint a member
of the board of directors of a water
corporation to be the chairperson of the
water corporation.
105. Deputy chairperson
30
(1) The board of directors of a water corporation
must appoint one of the members of the
board of directors to be the deputy
chairperson of the board or directors.
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(2) The deputy chairperson, if present, must
preside at meetings of the board of directors
at which the chairperson is not present.
106. Acting appointments
(1) The deputy chairperson must act as
5
chairperson if--
(a) the office of chairperson is vacant; or
(b) the chairperson is unable, for any
reason, to perform the duties of the
office.
10
(2) While the deputy chairperson is acting as
chairperson, the deputy chairperson has and
may exercise all the powers, and must
perform all the duties, of the chairperson.
(3) The Minister may appoint a person who has
15
the qualifications and experience as required
under section 97 to be a member of the board
of directors of a water corporation during
any period, or during all periods, when--
(a) the deputy chairperson is acting as
20
chairperson; or
(b) a member of the board of directors is
unable for any reason to attend
meetings of the board.
107. Validity of decisions
25
(1) An act or decision of the board of directors
of a water corporation is not invalid merely
because of--
(a) a vacancy in the membership of the
board of directors; or
30
(b) a defect or irregularity in, or in
connection with, the appointment of a
member of the board of directors.
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(2) Anything done by or in relation to a person
purporting to act as a member of the board of
directors of a water corporation, whether as
chairperson, deputy chairperson or another
director, is not invalid merely because--
5
(a) the occasion for the appointment had
not arisen; or
(b) there was a defect or irregularity in
relation to the appointment; or
(c) the appointment had ceased to have
10
effect; or
(d) the occasion for the person to act had
not arisen or had ceased.
108. Improper use of information
A member or a person who has been a
15
member of the board of directors of a water
corporation must not make improper use of
information acquired by virtue of that
person's position as a member--
(a) to gain directly or indirectly any
20
pecuniary advantage for himself or
herself or for any other person; or
(b) with intent to cause detriment to the
water corporation, whether or not
detriment was caused.
25
Penalty: 20 penalty units.
109. Effect of pecuniary interests
(1) A member of the board of directors of a
water corporation who has a pecuniary
interest in any matter in which the water
30
corporation is concerned must--
(a) if the member is present at a meeting of
the board of directors or any of its
committees at which the matter is to be
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considered, disclose the nature of the
interest immediately before the
consideration; or
(b) if the member is aware that the matter
is to be considered at a meeting of the
5
board of directors or any of its
committees at which the member does
not intend to be present, disclose the
nature of the interest to the chairperson
of the water corporation before the
10
meeting is held.
(2) If a member of the board of directors of a
water corporation has disclosed an interest to
the chairperson under sub-section (1)(b), the
chairperson must disclose that interest at the
15
meeting at which the matter is considered,
before the consideration of the matter.
(3) The member of the board of directors--
(a) may stay in the meeting during any
consideration of the matter; and
20
(b) may take part in the discussion; and
(c) must not move or second a motion on a
question relating to the matter; and
(d) must leave the meeting while any vote
is taken on a question relating to the
25
matter; and
(e) may, when notified by the chairperson
that the vote has been declared, return
to the meeting.
(4) If a member of the board of directors
30
discloses an interest under sub-section (1), a
statement showing--
(a) that the disclosure was made; and
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(b) the nature of the matter and the nature
of the disclosed interest; and
(c) whether any vote was taken on a
question relating to the matter and, if
so, whether the member was present
5
while the vote was taken; and
(d) whether the member left the meeting at
any time during consideration of the
matter and, if so, at what stage the
member left--
10
must--
(e) in the case of a disclosure made at or
before a meeting of the board of
directors, be included in the minutes of
the meeting; and
15
(f) in the case of a disclosure made at or
before a meeting of a committee, be
recorded by the committee and
presented to, and included in the
minutes of the next ordinary meeting of
20
the board of directors.
(5) A person must comply with sub-sections (1)
and (3).
Penalty: 20 penalty units.
(6) It is a defence to a charge under sub-
25
section (5) for the person charged to prove
that the person did not know--
(a) that he or she had a pecuniary interest
in the matter; or
(b) that a matter in which he or she had a
30
pecuniary interest was considered or to
be considered at the meeting.
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(7) The Magistrates' Court has jurisdiction over
a charge under this section even though title
to land may be genuinely in question.
(8) A charge may not be filed for an offence
under this section more than 3 years after the
5
commission of the alleged offence.
(9) The Minister may, by notice in writing to a
water corporation, remove any disability
imposed by this section in any case if so
many of the members of the board of
10
directors of the water corporation are
affected that the Minister decides that the
transaction of the business of the water
corporation would be impeded.
(10) For the purposes of sub-section (9), the
15
Minister may remove, either indefinitely or
for a specified time, any disability that would
otherwise attach to a member, or class of
members, of the board of directors, because
of any interests, and in respect of any
20
matters, that the Minister specifies in the
notice.
110. What constitutes a pecuniary interest?
(1) In this section "shares" includes stock, and
"share capital" must be read accordingly.
25
(2) A member of the board of directors of a
water corporation does not have a pecuniary
interest to which section 109 applies in
relation to a matter only because that
member has an interest in the matter--
30
(a) as a person who receives a service from
the water corporation in common with
other persons who receive a service
from the water corporation; or
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(b) as a person who is, or may become,
entitled to an allowance or other
payment under this Act, if the
maximum amount of the allowance or
payment, or the rate at which the
5
amount is to be calculated, is fixed
under this Act; or
(c) as a member of a club or other
association (incorporated or not) that is
conducted primarily for charitable,
10
benevolent, recreational or community
purposes; or
(d) as a member of an employers' or
employees' association; or
(e) as a person to whom the water
15
corporation offers, or proposes to offer,
goods and services which are, or are
proposed to be, offered generally by the
water corporation on the same terms
and conditions as to that member; or
20
(f) as a person who receives a service from
the water corporation, or as a resident
of a district under the control of the
water corporation, who may be required
by the water corporation to make any
25
payment that other persons who receive
that service, or other residents of the
district, may be required by the water
corporation to make.
(3) Unless sub-section (4) provides otherwise, a
30
person has a pecuniary interest in a matter
if--
(a) the person or his or her nominee is a
member of a company or other body
which has a pecuniary interest in the
35
matter; or
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(b) the person is the sole proprietor, a
partner, a director or an employee of a
person who has a pecuniary interest in
the matter.
(4) Sub-section (3) does not apply--
5
(a) to membership of any body
(incorporated or not) which results
from an appointment or nomination
made by the board of directors of a
water corporation; or
10
(b) to membership or directorship of any
body (incorporated or not) if the
member or director has no beneficial
interest in any capital or income of the
body.
15
(5) If a member of a board of directors of a
water corporation has a pecuniary interest in
a matter only because he or she has a
beneficial interest in the shares of a body,
and if the total nominal value of those shares
20
is not more than $2000 or 1 per cent of the
total nominal value of the issued share
capital of the body (whichever is less),
section 109 does not preclude the member
from taking part in the consideration of the
25
matter.
(6) If the share capital of a body is of more than
one class, sub-section (5) does not apply if
the total nominal value of all the shares of
any one class in which the member of the
30
board of directors has a beneficial interest is
more than 1 per cent of the total nominal
value of the issued share capital of that class
of the body.
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(7) The interest of a spouse or domestic partner
of a member of the board of directors must,
if known to the member, be taken to be an
interest of the member for the purposes of
this section.
5
111. Pecuniary interest does not prevent voting
and consideration of some questions
Nothing in section 109 precludes any person
from taking part in the consideration of, or
voting on--
10
(a) any question as to whether the amount
payable for goods or services
previously supplied or provided under
any contract should be paid from any
fund of the water corporation or from
15
any other money belonging to the water
corporation; or
(b) any question as to whether an
application should be made to the
Minister for the exercise of the powers
20
conferred by section 109(9).
112. Effect of finding of guilt for offence
against section 109
(1) A member of the board of directors of a
water corporation who is found guilty of an
25
offence against section 109 or any
corresponding previous enactment is not
capable of being or continuing to be a
member of a board of directors of a water
corporation for 7 years after that finding of
30
guilt, unless--
(a) on application by the person found
guilty, the court by which he or she is
found guilty; or
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(b) a court hearing an appeal under sub-
section (2)--
thinks it is appropriate in the circumstances
to reduce or waive the period of
disqualification.
5
(2) A person may, within 6 months after a
decision on an application under sub-section
(1)(a), appeal from that decision--
(a) if the person was found guilty by the
Magistrates' Court--to the County
10
Court; and
(b) in any other case--to the Supreme
Court.
(3) An appeal is by way of re-hearing of the
application, and the court may do anything
15
that it would be entitled to do if the appeal
were an appeal against the sentence imposed
on the finding of guilt giving rise to the
disqualification.
113. Submission of returns by members of the
20
board and nominated officers
(1) A person who becomes a member of a board
of directors of a water corporation must
within 30 days after becoming a member
submit a primary return in the prescribed
25
form to the managing director of the water
corporation.
Penalty: 20 penalty units.
(2) If a person is re-appointed on completion of
his or her term of office as a member of the
30
board of directors of a water corporation, the
member need not submit a new primary
return.
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(3) If the board of directors of a water
corporation has resolved that nominated
officers must submit returns--
(a) each nominated officer must within
30 days after the resolution; and
5
(b) any person who becomes a nominated
officer after the resolution must within
30 days after his or her nomination as a
nominated officer--
submit a primary return in the prescribed
10
form to the managing director of the water
corporation.
Penalty: 20 penalty units.
(4) A member of the board of directors of a
water corporation or a nominated officer of a
15
water corporation must, on or before 31 July
each year, submit an ordinary return in the
prescribed form to the managing director of
the water corporation.
Penalty: 20 penalty units.
20
114. Information to be disclosed in primary
and ordinary returns
(1) Each member of the board of directors of a
water corporation and each nominated
officer of a water corporation must disclose
25
the following information in the primary
return as at the date of the primary return--
(a) the name of any company or other
body, corporate or unincorporate, in
which he or she held an office whether
30
as a director or otherwise;
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(b) the information referred to in
paragraphs (b), (c), (d) and (f) of sub-
section (2).
Penalty: 20 penalty units.
(2) Each member of the board of directors of a
5
water corporation and each nominated
officer must disclose in an ordinary return
the following information in relation to the
return period--
(a) if he or she has held an office, whether
10
as director or otherwise, in any
company or body, corporate or
unincorporate--the name of the
company or body;
(b) the name or description of any
15
company, partnership, association or
other body in which he or she holds a
beneficial interest which exceeds $2000
in value;
(c) the address or description of any land in
20
any district of the water corporation or
in a district which adjoins a district of
the water corporation in which he or
she has any beneficial interest other
than by way of security for any debt;
25
(d) a concise description of any trust--
(i) in which he or she holds a
beneficial interest; or
(ii) of which he or she is a trustee and
in which a relative holds a
30
beneficial interest;
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(e) particulars of any gift of $2000 or more
in value received by him or her from a
person other than a relative; and
(f) any other substantial interest, whether
of a pecuniary nature or not, of the
5
person, or of a relative of which interest
the person is aware and which the
person ought reasonably to consider
might appear to raise a material conflict
between his or her private interest and
10
his or her public duty as a member or
nominated officer.
Penalty: 20 penalty units.
(3) If a member of the board of directors of a
water corporation or a nominated officer has
15
already submitted one or more ordinary
returns he or she must disclose in any
subsequent ordinary return any change in the
information disclosed in the last return and
any additional information of the kind set out
20
in sub-section (2)(a) to (f) required to be
disclosed, but he or she is not required to
disclose any information already disclosed in
a previous return.
Penalty: 20 penalty units.
25
(4) In this section "relative" of a member of the
board of directors of a water corporation or
nominated officer includes a domestic
partner, or relative of a domestic partner, of
the member or nominated officer.
30
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115. Water corporation to maintain register
(1) A water corporation must--
(a) maintain a register of the interests of
members of the board of directors and,
where required, nominated officers; and
5
(b) enter in the register all the information
given in the returns.
(2) A water corporation must allow a person to
inspect the register if that person applies, in
writing and in accordance with the
10
regulations, to the water corporation to do so.
(3) The register may be inspected at the
principal office of the water corporation
during normal office hours.
(4) A water corporation must take all reasonable
15
steps to make sure that a person who has not
applied does not have access to, and is not
permitted to inspect, the register or any
return.
(5) A person must not publish any information
20
derived from the register unless that
information is a fair and accurate summary
or copy of the information derived from the
register.
Penalty: 20 penalty units.
25
(6) A person employed by a water corporation
must not, whether before or after he or she
ceases to be so employed, make a record of,
divulge or communicate to any person any
information in relation to a matter dealt with
30
by this section that is gained by or conveyed
to him or her during his or her employment
with the water corporation, or make use of
that information for any purpose other than
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the discharge of his or her official duties
under this Act.
Penalty: 20 penalty units.
(7) A water corporation must--
(a) retain the returns of a member of the
5
board of directors or a nominated
officer for 3 years after the person has
ceased to be a member or a nominated
officer; and
(b) at the end of that period, destroy the
10
returns.
(8) As soon as practicable after a person ceases
to be a member of the board of directors of a
water corporation or a nominated officer, the
water corporation must delete the entries
15
relating to that person from the register.
116. Contracts of insurance
The board of directors of a water corporation
may by resolution allow members of the
board to enter into contracts of insurance in
20
respect of activities undertaken by directors
as members of the board of directors.
117. Allowances
(1) A water corporation may, subject to sub-
section (2), pay remuneration and allowances
25
to its members of the board of directors.
(2) The amounts of any remuneration and
allowances paid by a water corporation must
not exceed the amounts fixed by the Minister
and, in the case of Melbourne Water
30
Corporation, the Minister together with the
Treasurer, in respect of that water
corporation.
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(3) The amounts fixed by the Minister under this
section may vary between water
corporations.
(4) This section does not apply to the
remuneration and allowances paid to the
5
Managing Director of a water corporation.
118. Expenses
Despite anything in this or any other Act, the
members of the board of directors of a water
corporation are, if the board so resolves,
10
entitled to be reimbursed out of the water
corporation's funds for their reasonable
expenses incurred whilst carrying out
functions and exercising powers under this
Act.
15
Example
Reasonable expenses incurred when travelling to and
from meetings, undertaking training or making site
visits.
119. Employment of officers of water
20
corporations
(1) A water corporation may employ, on terms
and conditions determined by the water
corporation, such officers and employees as
it considers necessary for the carrying out of
25
its functions.
(2) An officer of a water corporation must not,
without permission from the water
corporation--
(a) engage in any business; or
30
(b) engage in the private practice of any
profession or trade; or
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(c) hold any office in any corporation,
other than a municipal council; or
(d) engage in any employment other than
that connected with the duties of office.
(3) An officer who has been employed by a
5
water corporation for 10 years is entitled in
accordance with the regulations to be granted
by the water corporation 3 months' long
service leave with pay in respect of that
10 years' service and 1½ months' long
10
service leave with pay in respect of each
additional 5 years of completed service.
(4) The Governor in Council may, in accordance
with section 324, make regulations for or
with respect to long service leave, including
15
but not limited to the following--
(a) entitlements on retirement, death or
termination of service;
(b) when long service leave may be taken;
(c) prohibiting an officer on long service
20
leave from taking other employment for
hire or reward;
(d) the nature of the service, and the
computation of the period of the
service, that entitles an officer to long
25
service leave;
(e) the method of computing pay for long
service leave;
(f) requiring water corporations to
establish funds for the purpose of
30
making payments in relation to long
service leave;
(g) regulating the transfer of amounts from
those funds;
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(h) regulating agreements between water
corporations;
(i) requiring the exchange of information
between water corporations;
(j) regulating agreements between water
5
corporations and other persons.
(5) Any person who, in accordance with the
regulations, enters into an agreement about
long service leave with a water corporation is
empowered to enter into that agreement and
10
may do anything necessary or convenient for
giving effect to the agreement.
120. Meetings and proceedings at meetings of
the boards of directors
(1) The board of directors of a water corporation
15
must hold at least one ordinary meeting
every 3 months.
(2) Subject to this Act, the board of directors of
a water corporation may regulate its own
procedure.
20
(3) The chairperson or, in his or her absence, the
deputy chairperson or, in the absence of both
the chairperson and deputy chairperson, a
member of the board of directors of a water
corporation elected by the members present
25
at the meeting, must preside at a meeting of
the board.
(4) The quorum for a meeting of the board of
directors of a water corporation is a majority
of the members for the time being.
30
(5) A question arising at a meeting of the board
of directors of a water corporation is
determined by a majority of the votes of the
members present and voting on the question.
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(6) The person presiding at a meeting has a
deliberative vote and, in the event of an
equality of votes on any question, a second
or casting vote.
(7) The board of directors of a water corporation
5
must ensure that minutes are kept of each
meeting of the board.
(8) The board of directors of a water corporation
must record in the minutes--
(a) the names of the members present; and
10
(b) the names of the members voting on
any question in relation to which a
division is called.
(9) The board of directors of a water corporation
may permit its members to participate in a
15
particular meeting by--
(a) telephone; or
(b) closed-circuit television; or
(c) any other means of electronic or
instantaneous communication.
20
(10) A member of the board of directors of a
water corporation who participates in a
meeting under sub-section (9) is deemed to
be present at the meeting.
121. Validity of decisions of board of directors
25
of water corporation
An act or decision of the board of directors
of a water corporation is not invalid merely
because of--
(a) a defect or irregularity in, or in
30
connection with, the appointment of a
member of the board of directors; or
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(b) a vacancy in the membership of the
board of directors, including a vacancy
arising from the failure to appoint a
member of the board of directors.
122. Special meetings
5
(1) The chairperson of the board of directors of a
water corporation may at any time (and
must, if requested by 2 members) call a
special meeting of the board.
(2) Subject to sub-section (3), a special meeting
10
must not be held unless at least 2 days' notice
has been given to each member of the board
of directors of a water corporation.
(3) If all members of the board of directors of a
water corporation consent in writing, a
15
special meeting may be held with less than
2 days' notice being provided to each
member.
(4) Notice of a special meeting must--
(a) be in writing; and
20
(b) be served on each member of the board
of directors, by post or in person; and
(c) specify the time and place of the
meeting and the reason for it.
(5) A special meeting must deal only with
25
business stated in the notice.
122A. Resolutions without meetings
(1) If all of the members of the board of
directors of a water corporation for the time
being see a document setting out a resolution
30
and a majority of those members sign a
document containing a statement that they
are in favour of a resolution in the terms set
out in the document, a resolution in those
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terms is deemed to have been passed at a
meeting of the board held on the day on
which the document is signed or, if the
members do not sign it on the same day, on
the day on which the last member to sign
5
signs the document.
(2) If a resolution is deemed under sub-
section (1) to have been passed at a meeting
of the board of directors of a water
corporation, each member of the board must
10
be advised as soon as practicable and given a
copy of the terms of the resolution.
(3) For the purposes of sub-section (1), 2 or
more separate documents containing a
statement in identical terms, each of which is
15
signed by one or more members of the board
of directors of a water corporation, are
deemed to constitute one document.
Division 4--Other Provisions Relating to
Water Corporations
20
122B. Powers of delegation of water
corporations
A water corporation may, by instrument
under its official seal, delegate to--
(a) a member of the board of directors of
25
the water corporation or any other
officer of the water corporation, by
name or to the holder of the office; or
(b) to any committee established by the
water corporation under this Act, the
30
members of which are members of the
board of directors or officers of the
water corporation; or
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(c) with the consent of the Minister, to any
other person or body, including any
committee established by the water
corporation under this Act, the
members of which are not members of
5
the board of directors or officers of the
water corporation--
any function, power or duty of the water
corporation other than--
(d) this power of delegation; or
10
(e) the power to make by-laws; or
(f) any other power that is prescribed for
the purposes of this section.
122C. Committees established by the board of
directors of a water corporation
15
(1) The board of directors of a water
corporation--
(a) may establish a committee to advise the
water corporation on any matter
referred by the board of directors; and
20
(b) may establish a committee to exercise
any power or perform any function,
authority or discretion delegated to it by
the board of directors.
(2) The following provisions apply to
25
committees--
(a) the board of directors may at any time
remove from office a member of a
committee and must provide in writing
to the member the reasons for the
30
removal;
(b) a committee may act despite any
vacancy in its membership;
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(c) subject to this Act and any rules made
under paragraph (d), a committee may
regulate its own proceedings;
(d) the board of directors of a water
corporation may, by resolution, make
5
rules, with which committees must
comply, about--
(i) their quorums; and
(ii) voting powers of their members;
and
10
(iii) their proceedings;
(e) the Minister by notice published in the
Government Gazette may declare that a
committee is a corporation, and may
dissolve a corporation of that sort in the
15
same way;
(f) a water corporation must obtain the
Minister's consent before it delegates
any of its powers, functions, authorities
or discretions to a committee of which
20
any members are not members or
officers of the water corporation;
(g) the Minister may specify rules of
procedure for the exercise of a
delegated power by a committee
25
referred to in paragraph (f) and any
purported exercise of that delegated
power by such a committee otherwise
than in accordance with those rules is
void.
30
(3) A water corporation that has an irrigation
district may, in accordance with section 160,
make by-laws about the constitution,
functions and duties of a committee
established in relation to an irrigation district
35
or part of an irrigation district.
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(4) By-laws made under sub-section (3) prevail,
to the extent of any inconsistency, over the
provisions of sub-section (2).
(5) A member of a committee is entitled to be
paid any fees and allowances fixed by the
5
Minister.
(6) A committee established by the board of
directors of a water corporation is subject to
the requirements of Part 13 about annual
reports and audits as if it were a part of the
10
water corporation.
122D. Incorporated committees
(1) If the Minister declares a committee to be a
corporation under section 122C(2)(e), then
on the publication of the notice in the
15
Government Gazette--
(a) the committee specified in the notice is
a body corporate by the name assigned
to it in the notice, with perpetual
succession and a common seal, and is
20
by that name capable in law of suing
and being sued and, subject to this Act,
of holding, acquiring and disposing of
personal property; and
(b) the powers, functions, discretions and
25
authorities of that committee, whether
conferred or imposed by this Act or
otherwise, must be taken to be
conferred or imposed on the
corporation alone; and
30
(c) the duties, liabilities, responsibilities
and obligations imposed on that
committee are transferred to the
corporation; and
(d) the corporation becomes the successor
35
in law of that committee.
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(2) The common seal of a corporation
constituted under section 122C(2)(e) must be
kept in the custody that the corporation
directs, and must not be used except as
authorised by the corporation.
5
(3) All courts must take judicial notice of the
common seal of a corporation constituted
under section 122C(2)(e) affixed to any
document and, until the contrary is proved,
must presume that it was duly affixed.
10
(4) If the Minister declares a corporation to be
dissolved under section 122C(2)(e), then on
the publication of the notice in the
Government Gazette--
(a) the members who constituted the
15
corporation specified in the notice
constitute the committee; and
(b) the powers, functions, discretions and
authorities of the corporation specified
in the notice must be taken to be
20
conferred or imposed on that
committee; and
(c) the duties, liabilities, responsibilities
and obligations imposed on the
corporation specified in the notice are
25
transferred to that committee; and
(d) that committee becomes the successor
in law of the corporation specified in
the notice.
(5) A committee declared to be a corporation
30
under section 122C(2)(e)--
(a) consists of the members who
constituted the committee immediately
before the publication in the
Government Gazette of the notice
35
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declaring the committee to be a
corporation; and
(b) is subject to all the provisions of this
Act and the regulations relating to
committees.
5
122E. Regulation making powers
The Governor in Council may make
regulations for or with respect to--
(a) the qualifications required to be held by
any person who holds a specific office
10
or position in a water corporation; and
(b) the accreditation of any person who
holds a specific office or position in a
water corporation; and
(c) the establishment, membership and
15
procedure of a body which may issue
accreditations and hold any
examinations and tests it considers
necessary for that purpose; and
(d) prescribing fees to be paid for the issue
20
or renewal of certificates of
accreditation.
Division 5--Particular Water Corporations
122F. Additional function of Central Gippsland
Region Water Authority
25
(1) In addition to any other functions conferred
on the Central Gippsland Region Water
Corporation, the Corporation has the
function of receiving waste from any person,
whether inside or outside the sewerage
30
districts managed and controlled by the
Corporation, for treatment or disposal by the
Corporation.
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(2) In this section--
"waste" includes--
(a) trade waste or any sewage,
whether that waste or sewage is
untreated, treated or partially
5
treated; and
(b) any matter that is offensive or
injurious to human life or health;
and
(c) any ash, coal-dust or matter that
10
may discolour or impart
discolouration to water; and
(d) any other matter that the
Corporation by by-law declares to
be waste.
15
PART 6A--DISTRICTS AND LAND
MANAGEMENT AREAS
Division 1--Continuation of Districts
122G. Continuation of districts
(1) Each Authority specified in an item in
20
Column 1 of the Table in Schedule 1 (other
than item 12) is deemed to have the
irrigation district or districts, the water
district or districts, the sewerage district or
districts and the waterway management
25
district or districts that the pre-dating
Authority had immediately before the
commencement of section 54 of the Water
(Governance) Act 2006.
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(2) Each Catchment Management Authority that
is deemed, by section 98(1) of the
Catchment and Land Protection Act 1994,
to continue in existence as if it were
established under Division 3 of Part 2 of that
5
Act, is deemed to have the waterway
management district that the Catchment
Management Authority had immediately
before the commencement of section 151 of
the Water (Governance) Act 2006.
10
(3) In this section "pre-dating Authority" has
the same meaning as in Schedule 16.
122H. Waterway management district of
Melbourne Water Corporation
(1) The waterway management district of
15
Melbourne Water Corporation is the land
shown delineated in red on the plan lodged
in the central plan office and numbered
LEGL./05-406.
(2) The Minister may, by determination,
20
published in the Government Gazette--
(a) add to the area of land that comprises
the waterway management district of
Melbourne Water Corporation; or
(b) diminish the area of land that comprises
25
the waterway management district of
Melbourne Water Corporation.
(3) A determination under sub-section (2) takes
effect from the date specified in the
determination, which must be no earlier than
30
the date of publication of the determination.
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122I. Transfer of assets on inclusion or
diminution of land in waterway
management district of Melbourne Water
Corporation
(1) In this section--
5
"previous body" means--
(a) an Authority whose waterway
management district has been
diminished by determination
under section 122H; or
10
(b) any other body whose area of
jurisdiction has been diminished
by determination under
section 122H;
"new body" means--
15
(a) an Authority whose waterway
management district has been
increased by a determination
under section 122H; or
(b) any other body whose area of
20
jurisdiction has been increased by
a determination under
section 122H.
(2) On the making of a determination under
section 122H--
25
(a) any rights, property and assets that are
specified in the determination are
deemed to be vested in the new body;
and
(b) any debts, liabilities and obligations of
30
the previous body arising out of any
vesting under paragraph (a) are deemed
to be the debts, liabilities and
obligations of the new body; and
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(c) the new body is substituted as a party to
any arrangement or contract entered
into by or on behalf of the previous
body arising out of any vesting under
paragraph (a).
5
(3) Where any right, property or asset is vested
in a new body under this section, the new
body is liable to pay the previous body in
whom the right, property or asset was vested
the amount that is agreed on by the new body
10
and the previous body, or if there is no
agreement, the amount determined by the
Governor in Council.
(4) The amount referred to in sub-section (3),
whether agreed on by the new body and the
15
previous body or determined by the
Governor in Council, must be an amount that
is agreed or determined by taking any debts,
liabilities and obligations that were vested in
the previous body into account.
20
Division 2--New Irrigation and Waterway
Management Districts
122J. New irrigation districts
(1) The Minister may, on application by an
Authority, declare a new irrigation district
25
and declare that the new irrigation district is
an irrigation district of the Authority that
made the application.
(2) A declaration under sub-section (1) must be
published in the Government Gazette.
30
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122K. New waterway management districts
(1) The Minister may declare a new waterway
management district and specify, in the
declaration, the Authority for the new
waterway management district.
5
(2) A declaration under sub-section (1) must be
published in the Government Gazette.
Division 3--New and Extended Water Districts
and Sewerage Districts and Extended
Irrigation Districts and Waterway
10
Management Districts
122L. Non-application of Division
This Division (other than sections 122U,
122V and 122W) does not apply to any
extension or diminution of the waterway
15
management district of Melbourne Water
Corporation.
122M. Submission of proposal for establishment
or extension of district
An Authority may, submit to the Minister a
20
proposal--
(a) to establish a new water district or
sewerage district; or
(b) to extend an existing water district,
sewerage district, waterway
25
management district or irrigation
district.
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122N. Restrictions on areas for which proposals
for new or extended districts may be made
(1) An Authority must not submit a proposal
for--
(a) a new water district or sewerage
5
district; or
(b) an extended water district, sewerage
district, waterway management district
or irrigation district--
if the whole or any part of the area to be
10
covered by the proposal is within the area of
interest of another Authority.
(2) An Authority must not submit a proposal
for--
(a) a new or extended sewerage district
15
unless the area to be covered by the
district is within the Authority's water
district; and
(b) an extended waterway management
district, unless the area to be covered by
20
the district is within the catchment for
the Authority's water district--
unless the Minister, in writing exempts the
Authority's proposal from the operation of
this sub-section.
25
122O. Form of proposal
(1) A proposal under section 122M must be in
the form required by guidelines issued by the
Minister.
(2) The Minister may exempt a water
30
corporation which submits a proposal for the
extension of a district from complying with
sub-section (1).
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122P. Advertising proposal
(1) An Authority that has submitted a proposal
under section 122M to the Minister must--
(a) give notice of the proposal to--
(i) all councils that are affected by
5
the proposal; and
(ii) any person whom the Authority
reasonably believes may be
affected by the proposal and any
person to whom the Minister has
10
directed the Authority to so give
notice; and
(b) make the proposal available for
inspection free of charge at its office
during its office hours; and
15
(c) publish a notice of the proposal--
(i) at least once every week for
3 consecutive weeks in a
newspaper circulating generally in
the area to which the proposal
20
relates; and
(ii) in the Government Gazette, after
all other notices under this sub-
section have been given or
published.
25
(2) A notice under sub-section (1) must state
that--
(a) the Authority invites submissions on
the proposal to be made to it; and
(b) any submission made to the Authority
30
should set out the grounds on which it
is made; and
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(c) the time within which any submission
on the proposal must be received by the
Authority.
(3) The Minister may exempt an Authority
which submits a proposal to extend a district
5
from the requirement to comply with sub-
section (1) (other than sub-section (1)(c)(ii))
or with sub-section (2).
122Q. Submissions
(1) An Authority that has submitted a proposal
10
under section 122M to the Minister must
invite submissions to the proposal in a notice
under section 122P.
(2) Any person who is affected by the proposal
of an Authority submitted under section
15
122M may make a written submission on the
proposal to the Authority.
(3) A submission under sub-section (2) must be
received by the Authority within one month
of publication in the Government Gazette of
20
notice of the proposal under section 122P.
122R. Final determination of Authority
(1) An Authority that has submitted a proposal
to the Minister under section 122M may
finally determine whether to--
25
(a) proceed with the proposal as submitted
to the Minister; or
(b) vary the proposal as a result of
submissions received on the proposal;
or
30
(c) not proceed with the proposal.
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(2) The Authority must not make a
determination under sub-section (1) unless
the Authority has considered all submissions
received by the Authority within the time for
making submissions under section 122Q.
5
(3) On making a determination under sub-
section (1), the Authority must notify the
Minister of the determination and send to the
Minister copies of all submissions that the
Authority received within the required time.
10
122S. Ministerial determination
On receiving notice of the Authority's
decision on a proposal it has submitted under
section 122M, the Minister may--
(a) approve the proposal, with or without
15
changes; or
(b) refuse the proposal.
122T. Ministerial declaration
The Minister, on approving a proposal under
section 122S must give effect to the
20
substance of the proposal by declaring, by
notice published in the Government Gazette,
the new or extended district that was the
substance of the proposal.
122U. Areas of interest
25
The Minister may, at the request of an
Authority, by instrument published in the
Government Gazette declare an area of land
outside a water, sewerage or waterway
management district to be an area of interest
30
for that Authority in relation to a water
district, sewerage district or waterway
management district of that Authority.
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122V. Advertising proposal for declaration
The Minister must not make a declaration
under section 122U unless--
(a) the Authority requesting the
declaration--
5
(i) has given notice of the proposed
declaration at least 30 days before
its making to any public statutory
body which the Authority
considers may be affected by it;
10
and
(ii) has published notice of the
proposed declaration in a
newspaper circulating generally in
the area to be affected by the
15
declaration; and
(b) the Minister is satisfied that all public
statutory bodies which may be affected
by the proposed declaration have been
adequately consulted about it.
20
122W. Powers of Authority in area of interest
(1) If an area of interest is declared under
section 122U in respect of a water district,
sewerage district or waterway management
district of an Authority, the Authority may--
25
(a) in the case of a water district, carry out
any water supply functions (other than
irrigation functions) or exercise any
water supply powers (other than
irrigation powers) in relation to that
30
area of interest; and
(b) in the case of a sewerage district, carry
out any sewerage functions or exercise
any sewerage powers in relation to that
area of interest; or
35
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(c) in the case of a waterway management
district, carry out any waterway
management functions or exercise any
waterway management powers in
relation to that area of interest.
5
(2) If an area of interest in relation to a particular
function has been granted to an Authority,
another Authority may not be appointed
under this Division to manage and control a
district related to that function that is wholly
10
or partly within that area of interest.
(3) An area of interest of an Authority must be
taken to be part of the Authority's district for
the purposes of any referral under the
Planning and Environment Act 1987.
15
Division 4--Changes to Existing Districts
122X. Non-application of Division
This Division does not apply to any
extension or diminution of the waterway
management district of Melbourne Water
20
Corporation.
122Y. Power of Authorities to change districts
(1) An Authority may, by resolution published
in the Government Gazette--
(a) unite any 2 or more--
25
(i) water districts; or
(ii) sewerage districts; or
(iii) waterway management districts;
or
(iv) irrigation districts--
30
that are under the management and
control of the Authority; or
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(b) diminish the extent of a water district,
sewerage district, waterway
management district or irrigation
district of the Authority; or
(c) abolish any water district, sewerage
5
district, waterway management district
or irrigation district of the Authority
that is no longer operating; or
(d) divide a water district, sewerage
district, waterway management district
10
or irrigation district of the Authority
into 2 or more districts.
(2) An Authority must not make a resolution
referred to in sub-section (1) unless it has,
once a week for 3 consecutive weeks before
15
the resolution is made, published notice of
the proposed resolution in a newspaper
circulating generally in the area to be
affected by the resolution.
122Z. Power of Minister to change districts
20
(1) The Minister may, by determination--
(a) unite any 2 or more--
(i) water districts; or
(ii) sewerage districts; or
(iii) waterway management districts;
25
or
(iv) irrigation districts--
of the same Authority; or
(b) diminish the extent a water district,
sewerage district, waterway
30
management district or irrigation
district of an Authority; or
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(c) on the request of an Authority, abolish
a water district, sewerage district or
irrigation district of the Authority; or
(d) abolish a waterway management
district; or
5
(e) divide a water district, sewerage
district, waterway management district
or irrigation district of an Authority into
2 or more districts.
(2) On making a determination under sub-
10
section (1), the Minister may make any
determination that the Minister considers
desirable as to--
(a) providing for any adjustment to areas
affected by the determination under
15
sub-section (1); and
(b) any other matter as a result of the
determination under sub-section (1).
(3) The Minister must publish notice of any
determination under this section in the
20
Government Gazette.
Division 5--Environmental and Recreational
Areas
122ZA. Environmental and recreational areas
(1) The Minister may determine land--
25
(a) which is owned or controlled by an
Authority; or
(b) which is within the water district,
sewerage district, waterway
management district or irrigation
30
district of an Authority, or which is
significant to the exercise of a function
of an Authority and which is owned or
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controlled by another public statutory
body or which is Crown land--
to be an environmental area or a recreational
area under the management and control of
the Authority specified by the Minister and
5
for the period specified by the Minister in the
determination.
(2) The Minister must not make a determination
under sub-section (1)(b) unless the Minister
has first obtained the consent of the public
10
statutory body or the Minister responsible for
the management of the land (as the case
requires) to the making of that determination.
122ZB. Functions of Authority in area
(1) An Authority that has the management and
15
control of any environmental or recreational
area has the following functions--
(a) in accordance with the directions of the
Minister, to prepare a management
strategy as to recreational uses for the
20
area;
(b) to improve the area;
(c) to provide and arrange services and
facilities in the area;
(d) to control land use in the area.
25
(2) Subject to any determination under section
122ZA establishing an area, an Authority is
under no duty to exercise its functions under
sub-section (1).
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122ZC. Contributions by public authorities
Despite anything in any other Act, if an
environmental area or a recreational area is
determined under section 122ZA, any public
statutory body may make contributions out
5
of any money legally available to that body,
for or towards the cost of improving the area
or providing or maintaining services in it.
122ZD. Revenue from land
Any revenue collected in relation to any
10
environmental or recreational area forms part
of the fund of the Authority that has the
management and control of the area.
122ZE. Limitation of exercise of powers under
this Division
15
(1) An Authority must not exercise its functions
or powers under this Division in a manner
which is inconsistent with any provision of
an Order granting a declared bulk water
entitlement and any purported exercise of a
20
function or power in such a manner is, to the
extent to which it is so inconsistent, of no
effect.
(2) In sub-section (1)--
"declared bulk water entitlement" means
25
a bulk water entitlement in respect of
which a declaration under section
185(3) has been made.
122ZF. Regulation making powers as to areas
The Governor in Council may make
30
regulations for or with respect to--
(a) the granting of leases or licences for
areas determined under this Division,
and in particular as to the following
matters--
35
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(i) the Authority that may grant any
such lease or licence, which must
be the Authority that has the
management and control of the
area and that has a proprietary
5
interest in the area;
(ii) the purposes for which any such
lease or licence may be granted,
which must be for activities
carried on in, or things introduced
10
into, the area; and
(b) the charging of fees for leases or
licences over areas determined under
this Division; and
(c) the powers of the Authority in relation
15
to the removal of any unregistered or
abandoned motor vehicle from an area
determined under this Division and its
subsequent sale, including provisions
about--
20
(i) notice of removal; and
(ii) surrender of the motor vehicle to
its owner or an agent of the
owner; and
(iii) sale of the motor vehicle; and
25
(iv) the circumstances in which clear
title to the motor vehicle passes on
sale; and
(v) disposal of the proceeds of sale;
and
30
(vi) protection of the Authority from
liability in relation to payments of
the proceeds of sale; and
(vii) any other necessary or convenient
matter.
35
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PART 6B--DUTIES OF WATER
CORPORATIONS
Division 1--Customer Dispute Resolution
122ZG. Customer dispute resolution
(1) A water corporation must, on or before a
5
date determined by the Minister
administering the Essential Services
Commission Act 2001, enter into a customer
dispute resolution scheme approved by the
Essential Services Commission established
10
under the Essential Services Commission
Act 2001.
(2) A dispute resolution scheme provided for in
accordance with this section is in addition to
and not in derogation of any right of review a
15
person may have under this Act.
(3) In approving a dispute resolution scheme the
Essential Services Commission must have
regard to--
(a) the need to ensure that the scheme is
20
accessible to, and that there are no cost
barriers to persons using the scheme;
and
(b) the need to ensure that the scheme is
independent of the members of the
25
scheme; and
(c) the need for the scheme to be fair and
be seen to be fair; and
(d) the need to ensure that the scheme will
publish decisions and information about
30
complaints received by the scheme so
as to be accountable to the members of
the scheme and the persons using the
scheme; and
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(e) the need for the scheme to undertake
regular reviews of its performance to
ensure that its operation is efficient and
effective.
(4) This section only applies to a water
5
corporation that has a water district, a
sewerage district or an irrigation district.
Division 2--Dividends
122ZH. Dividends
Each water corporation must pay to the State
10
such dividend, at such time and in such
manner, as is determined by the Treasurer
after consultation with the board of directors
of the water corporation and the Minister.
Division 3--Repayment of Capital
15
122ZI. Repayment of capital
(1) The capital of a water corporation is
repayable to the State at such times, and in
such amounts, as the Treasurer directs in
writing, after consultation with the Minister
20
and the board of directors of the water
corporation.
(2) In giving a direction under this section, the
Treasurer must have regard to any advice
that the board of directors has given to the
25
Treasurer in relation to the water
corporation's affairs.
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Division 4--Annual Report
122ZJ. Information to be included in annual
report
(1) A water corporation, in its annual report for a
financial year under Part 7 of the Financial
5
Management Act 1994, must include the
following information--
(a) in relation to each person, who is not a
natural person, who uses water supplied
by the water corporation for purposes
10
that are not farming, irrigation or
domestic purposes, at a volume that is
within a specified range--
(i) the name of the person; and
(ii) the information (if any) as to the
15
person's participation in any water
conservation program; and
(b) in relation to each specified range, the
number of persons to whom
paragraph (a) applies who are within
20
the range.
(2) For the purposes of this section the Minister
may specify one or more range or ranges of
volumes.
(3) In this section "specified range" means a
25
range of volumes specified by the Minister
under sub-section (2).
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PART 6C--STORAGE MANAGERS
122ZK. Appointment of storage managers
(1) The Minister may, by instrument, appoint an
Authority to carry out any of the functions
under this Part in relation to any water
5
storage or land specified in the instrument.
(2) In an instrument under sub-section (1) the
Minister--
(a) must describe the land, including any
water storage, in respect of which the
10
storage manager is to exercise functions
under this Part; and
(b) may specify terms and conditions to
which the appointment is subject; and
(c) must specify the term of the
15
appointment.
(3) Before making an appointment of an
Authority under sub-section (1), the Minister
must consult with--
(a) any other Authority that is exercising
20
any function to which the appointment
would apply on the land to be specified
in the instrument of appointment; and
(b) any other Authority that owns any land
that is to be specified in the instrument
25
of appointment or works on that land.
122ZL. Functions of storage managers
(1) The functions of a storage manager
appointed under this Part in respect of the
land to which the appointment relates are--
30
(a) to control and manage any water
storage on the land specified in the
instrument of appointment and any
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water or works on the land so specified,
in a manner that is consistent with this
Act and that will maintain the water
quality of any water storage on the
land;
5
(b) to carry out any other functions that are
conferred on the storage manager by or
under this Act or any instrument made
under this Act.
(2) An Authority, in performing its functions
10
under sub-section (1) must have regard to--
(a) protecting the ecological values of the
water systems relating to the land
specified in the instrument of
appointment; and
15
(b) protecting the reliability and quality of
water supply; and
(c) subject to water supply needs,
minimizing the impact on the
environment of the carrying out of any
20
such function and maximizing the
benefit to the environment of the
carrying out of any such function; and
(d) developing and implementing strategies
to mitigate flooding, where possible.
25
122ZM. Management agreements for water
storages
(1) If an Authority that has been appointed as
the storage manager of any land under this
Part, does not hold a proprietary interest in
30
the whole or part of the land described in the
instrument appointing the storage manager,
the Authority must enter into an agreement
with the owner of the land as to the
management of the land.
35
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(2) An agreement under sub-section (1)--
(a) must be in writing; and
(b) must be consistent with this Act; and
(c) may be amended from time to time by
further written agreement between the
5
parties.
(3) An agreement under sub-section (1) must set
out procedures to be followed to prevent or
settle disputes concerning the management
of the land specified in the instrument of
10
appointment of the Authority that arise
between the parties during the currency of
the agreement, including the submission of
any unresolved disputes to the Minister for a
decision that is binding on the parties.
15
122ZN. Powers for storage managers to charge
fees
A storage manager appointed under this Part
may charge a fee for a service provided by
the storage manager to another Authority in
20
carrying out its functions under this Act.".
55. Ministerial approval of abandonment or
decommissioning of works
After section 139(2) of the Water Act 1989
insert--
25
"(3) The Minister may impose conditions on any
approval given under sub-section (1).
(4) In respect of each proposal submitted to the
Minister under section 139A, the Minister
must publish notice of whether he or she has
30
approved or refused to approve the proposal
under sub-section (1)--
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(a) in a newspaper circulating generally in
the area to which the proposal relates;
and
(b) in the Government Gazette.".
56. Insertion of new sections 139A to 139E
5
After section 139 of the Water Act 1989 insert--
"139A. Submission of proposal for approval of
the abandonment or decommissioning of
major works
(1) An Authority which proposes to abandon or
10
decommission any major works must submit
the proposal to the Minister for approval
under section 139.
(2) When making a submission under sub-
section (1), the Authority must give to the
15
Minister copies of all submissions it is
required to consider under section 139D.
139B. Notification of proposal to approve the
abandonment or decommissioning of
major works
20
(1) Before making a submission under section
139A, the Authority must cause notice of the
proposal to be published--
(a) in a newspaper circulating generally in
the area to which the proposal relates;
25
and
(b) in the Government Gazette.
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(2) A notice under sub-section (1) must state
that--
(a) the Authority invites submissions on
the proposal to be made to it; and
(b) any submission made to the Authority
5
must set out the grounds on which it is
made; and
(c) the time within which submissions on
the proposal must be received by the
Authority.
10
139C. Submissions on proposal
(1) An Authority that has submitted a proposal
for the approval of the Minister under section
139A must, in the notice under section 139B
invite submissions on the proposal.
15
(2) Any person who is affected by the proposal
may make a written submission on the
proposal to the Authority.
(3) A submission under sub-section (2) must be
received by the Authority within one month
20
of the publication of the notice of the
proposal in the Government Gazette under
section 139B.
139D. Authority to consider submissions
Before making a submission to the Minister
25
under section 139A, an Authority must
consider all submissions made to it on the
proposal within the time specified in section
139C(3).
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139E. Appointment of panel by Minister
(1) Before making a decision under section 139,
the Minister may appoint a panel of persons
and refer to the panel for consideration the
submission of an Authority under section
5
139A, and, in particular, any submissions on
that submission given by the Authority to the
Minister.
(2) The panel appointed by the Minister must
consider the submissions referred to it by the
10
Minister and must report on that
consideration to the Minister within the time
specified by the Minister.".
57. Insertion of new section 141A
After section 141 of the Water Act 1989 insert--
15
"141A. Circumstances in which Melbourne Water
Corporation to continue water supply
(1) Despite section 141, Melbourne Water
Corporation must supply or continue to
supply water to--
20
(a) a retail licensee to the extent necessary
to enable it to perform its functions or
exercise its powers under its licence;
(b) the holder of a bulk entitlement to
water in Melbourne Water
25
Corporation's works granted in
accordance with the provisions of
Division 1 of Part 4;
(c) any other person or class of person
prescribed for the purposes of this
30
section by regulations made by the
Governor in Council.
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(2) Despite any provision to the contrary made
by or under this or any other Act, the terms
and conditions on which water is supplied
under sub-section (1) are as agreed between
Melbourne Water Corporation and the retail
5
licensee, bulk entitlement holder or other
person or, in default of agreement, as
determined by the Essential Services
Commission.".
58. Serviced properties
10
After section 144(4) of the Water Act 1989
insert--
"(5) This section does not apply to Melbourne
Water Corporation.".
59. Insertion of new section 144A
15
After section 144 of the Water Act 1989 insert--
"144A. Serviced property, Melbourne Water
Corporation
For the purposes of any function of
Melbourne Water Corporation under Part 10,
20
serviced property is any land in the waterway
management district of Melbourne Water
Corporation--
(a) that is rateable land within the meaning
of the Local Government Act 1989; or
25
(b) that is, by the operation of section
258(4), deemed to be rateable for the
purposes of section 258(1).".
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60. Structures near works
For section 148(1)(b) of the Water Act 1989--
"(b) any structure to be built, or any filling to be
placed--
(i) in the case of Melbourne Water
5
Corporation, within 5 metres laterally
of any works of Melbourne Water
Corporation; or
(ii) in the case of any other Authority,
within 1 metre laterally of any of the
10
works of the Authority; or".
61. Notice of intention to affect works
After section 152(4) of the Water Act 1989
insert--
'(5) In this section and in sections 153 and 154
15
"public statutory authority" includes--
(a) a passenger transport company within
the meaning of the Transport Act
1983;
(b) a rail corporation, a tram operator or a
20
train operator within the meaning of the
Rail Corporations Act 1996.'.
62. By-laws
(1) In section 160(1) of the Water Act 1989 omit
", subject to section 161,".
25
(2) In section 160(1)(b) of the Water Act 1989, for
"and control" substitute "and control including,
but not limited to--
(i) the control, management and use of the land,
services and facilities in the area, including
30
fees for the provision or use of any such
services or facilities or for entry to land on
which such services or facilities are situated;
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(ii) the protection of the land, services and
facilities;
(iii) the protection of people in the area from
injury or nuisance;
(iv) the conservation and preservation of flora,
5
fauna and habitat in the area;
(v) the control of the introduction of any new
flora or fauna to the area;
(vi) the control of the numbers of any flora or
fauna in the area; and".
10
63. Repeal of section 161
Section 161 of the Water Act 1989 is repealed.
64. Repeal of reference
In section 161D of the Water Act 1989 omit
", Catchment Management Authority".
15
65. Insertion of new heading
After the heading to Part 8 of the Water Act 1989
insert--
"Division 1--Authorities with a water
district".
20
66. Application of Division 1 of Part 8
(1) Insert the following heading to section 162 of the
Water Act 1989--
"Application of this Division".
(2) In section 162 of the Water Act 1989, for "Part"
25
substitute "Division".
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67. Water supply functions not to include storage
management functions
(1) In section 163(1) of the Water Act 1989, after
"has the following functions" insert "(to the
extent that the functions are not storage
5
management functions that have been conferred
on an Authority under Part 6C)".
(2) Section 163(2) of the Water Act 1989 is
repealed.
68. Insertion of new section 170CA
10
After section 170C of the Water Act 1989
insert--
"170CA. Requirement to publish permanent water
saving plan
An Authority must publish in the
15
Government Gazette the following--
(a) on the adoption of a permanent water
saving plan by the Authority under
section 170A(9), the plan as so
adopted;
20
(b) on the variation of a permanent water
saving plan by the Authority under
section 170B(8), the plan as so varied;
(c) on the adoption of a revised permanent
water saving plan by the Authority
25
under section 170B(8), the revised plan
as so adopted.".
69. By-laws--to include power to serve infringement
notices
(1) In section 171(1) of the Water Act 1989 for
30
"sections 160 and 161" substitute "section 160".
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(2) After section 171(1)(b) of the Water Act 1989
insert--
"(ba) prescribing offences, in respect of
contravention of restrictions or prohibitions,
set out in 4 stages, on the use of water in the
5
whole or any part of the district of the
Authority, for which an infringement notice
may be served; and
(bb) the infringement penalties for any offence
for which an infringement notice may be
10
served; and
(bc) prescribing persons or classes of persons for
the purposes of serving infringement notices;
and".
(3) After section 171(2) of the Water Act 1989
15
insert--
"(3) An infringement penalty imposed for a
contravention of an offence for which an
infringement notice may be served under a
by-law made under sub-section (1)(ba) must
20
not exceed--
(a) for an offence in respect of a stage 1
restriction or prohibition on the use of
water, 2 penalty units;
(b) for an offence in respect of a stage 2
25
restriction or prohibition on the use of
water, 3 penalty units;
(c) for an offence in respect of a stage 3
restriction or prohibition on the use of
water, 4 penalty units;
30
(d) for an offence in respect of a stage 4
restriction or prohibition on the use of
water, 5 penalty units.".
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70. Repeal of reference
In section 171A(2) of the Water Act 1989 omit
", 161".
71. Insertion of new Division 2 in Part 8
After section 171A of the Water Act 1989
5
insert--
"Division 2--Melbourne Water Corporation
171B. Water supply function of Melbourne
Water Corporation
Melbourne Water Corporation has the
10
following functions--
(a) to provide, manage, operate, maintain
and protect water supply systems for
the supply of water to all or any of the
following--
15
(i) the holder of a water licence under
the Water Industry Act 1994;
(ii) the holder of a water and sewerage
licence under the Water Industry
Act 1994;
20
(iii) the holder of a bulk entitlement to
water in the works of Melbourne
Water Corporation granted under
Division 1 of Part 4;
(iv) an Authority that has a water
25
district or an irrigation district;
(v) any other person or class of person
prescribed for the purposes of this
section;
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(vi) any person with whom Melbourne
Water Corporation has an
agreement to supply water that is
in force immediately before the
commencement of section 162 of
5
the Water (Governance) Act
2006;
(b) to identify community needs relating to
water supply and to plan for the future
needs of the community relating to
10
water supply;
(c) to supply water to all or any of the
persons referred to in paragraph (a)(i)
to (vi);
(d) to develop and implement programs for
15
the conservation and efficient use of
water;
(e) to manage, operate, maintain and
protect water storages for the
collection, harvesting, storage,
20
treatment and distribution of water;
(f) to carry out the operational,
environmental, financial and reporting
obligations in any bulk entitlement to
water in any works of Melbourne Water
25
Corporation;
(g) to provide and maintain facilities for
the recreational use of water storages
and surrounding areas, where this use is
compatible with the protection of a
30
water storage and the other uses to
which the water in the water storage
may be put;
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(h) to protect the ecological values of water
storages, and to develop and implement
programs related to the ecological
values of water storages.
171C. System access
5
(1) Melbourne Water Corporation must allow its
works to be used to the extent necessary to
enable water--
(a) to which a person has a right under a
bulk entitlement under Division 1 of
10
Part 4; or
(b) to which a licence granted to a person
under section 51 of the Water Act
1989 relates; or
(c) required to be supplied to a person by
15
the holder of a water headworks licence
issued under Division 1 of Part 2 of the
Water Industry Act 1994 or by
another Authority within the meaning
of Division 1 of Part 4 of the Water
20
Act 1989--
to be supplied to that person by means of
those works.
(2) Sub-section (1)--
(a) does not apply if the works of
25
Melbourne Water Corporation do not
have sufficient capacity to enable the
water to be supplied by means of those
works;
(b) does not limit or affect any other duty
30
or obligation imposed on Melbourne
Water Corporation by or under this or
any other Act.
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(3) Subject to any determination made by the
Essential Services Commission under Part 3
of the Essential Services Commission Act
2001, the terms and conditions on which a
person is allowed to use the works of
5
Melbourne Water Corporation as mentioned
in sub-section (1) are as agreed between the
Corporation and that person.
171D. Fire plugs and free water--Melbourne
Water Corporation
10
(1) A council may require Melbourne Water
Corporation to fix fire plugs to any of the
works of Melbourne Water Corporation in
locations that are determined by Melbourne
Water Corporation as being suitable for the
15
supply of water for fire-fighting purposes.
(2) A council must meet the costs of providing,
installing, marking and maintaining all fire
plugs that the council requires under sub-
section (1) to be installed in its municipal
20
district.
(3) Melbourne Water Corporation may provide,
install, mark and maintain any extra fire
plugs that it thinks necessary or that are
requested by a landowner, either at its own
25
cost or at the cost of the landowners
benefited by them.
(4) Melbourne Water Corporation must--
(a) keep all fire plugs that are fixed to its
works in working order; and
30
(b) provide conspicuous markers for fire
plugs supplied by it; and
(c) make sure that at all times water is
available without charge from fire
plugs attached to its works for cleaning
35
sewers and drains, unless the water is
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unavailable due to a shortage of water
or another unavoidable cause, or due to
repairs.
(5) Sub-section (4)(a) does not require
Melbourne Water Corporation to make sure
5
that water pressure is adequate for fire
fighting.
171E. Power to enter land for water supply
protection
(1) An officer of Melbourne Water
10
Corporation or an authorised person
may enter any land for the purposes of
water supply protection.
(2) Sections 133 and 134 apply in relation
to the entry of land under sub-section
15
(1) as if that entry were made under
section 133(1).
171F. Notice of contravention for water supply
protection
(1) Subject to sub-section (2), Melbourne Water
20
Corporation may, by notice in writing to any
person, require--
(a) that an activity carried out on any land
owned or occupied by that person be
discontinued; or
25
(b) the removal of any substance or thing--
if the carrying out of the activity, or the
presence of the substance or thing, is, in the
opinion of Melbourne Water Corporation,
likely to affect the purity of Melbourne
30
Water Corporation's water supply system.
(2) A notice under sub-section (1) may not
require the discontinuance of any activity or
the removal of any substance or thing if the
carrying out of the activity or the presence of
35
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the substance or thing is specifically
authorised by or under this or any other Act.
(3) Section 151 applies to a notice under sub-
section (1) as if it were a notice of
contravention under section 151(1).
5
171G. Immediate action for water supply
protection
Melbourne Water Corporation may,
immediately and without notice, remove
from--
10
(a) any land that is adjacent to any
waterway or works forming part of
Melbourne Water Corporation's water
supply system; or
(b) any water in or adjacent to any such
15
waterway or works--
any substance or thing that is, in Melbourne
Water Corporation's opinion, likely to affect
the purity of Melbourne Water Corporation's
water supply system.
20
171H. By-laws
(1) Melbourne Water Corporation may, in
accordance with section 160, make by-laws
for or with respect to--
(a) regulating, restricting or prohibiting the
25
use of water, either generally or for any
specific purpose; and
(b) providing for the publication of notices
announcing any restrictions or
prohibitions; and
30
(c) prescribing ways of measuring water
supply by meter or other measuring
device, including ways of calculating
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water use by reading a meter after the
ending of the charging period; and
(d) prescribing ways of determining the
quantity of water supplied to land, other
than by a meter or other measuring
5
device; and
(e) prohibiting any act which could cause
wastage of water; and
(f) regulating or prohibiting any activity
that--
10
(i) is carried out within 40 metres of
works or waterways forming part
of Melbourne Water Corporation's
water supply system; and
(ii) may affect that system; and
15
(g) prohibiting people who are not entitled
to water supply from using water from
Melbourne Water Corporation's works;
and
(h) regulating or prohibiting the access to
20
or use of land and works under the
management and control of Melbourne
Water Corporation; and
(i) regulating the use of water for fire-
fighting purposes; and
25
(j) any other matter or thing for which it is
necessary or convenient for Melbourne
Water Corporation to make by-laws.
(2) A penalty imposed for a contravention of a
by-law made under sub-section (1)(a) must
30
not exceed--
(a) for a first offence, 40 penalty units or
imprisonment for 3 months; and
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(b) for a subsequent offence, 80 penalty
units or imprisonment for 6 months--
and, in the case of a continuing
contravention, an additional penalty not
exceeding 5 penalty units for each day on
5
which the offence continues (up to a
maximum of 20 additional penalty units)--
(c) after service of a notice of
contravention on the person under
section 171F; or
10
(d) if no notice of contravention is served,
after conviction of the person for the
offence.
171I. Limitation on power to make by-laws
(1) This section applies as from the relevant
15
prescribed date for the water industry under
the Utility Meters (Metrological Controls)
Act 2002.
(2) As from the relevant prescribed date, an
Authority must not exercise the power to
20
make by-laws under section 160 or 171 to
make by-laws which are inconsistent with
the Utility Meters (Metrological Controls)
Act 2002 or regulations made under that Act.
(3) Any by-law whether made before or after the
25
relevant prescribed date is invalid to the
extent that it is inconsistent with the Utility
Meters (Metrological Controls) Act 2002
or regulations made under that Act.".
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72. Insertion of new division heading in Part 9
After the heading to Part 9 of the Water Act 1989
insert--
"Division 1--Authorities other than
Melbourne Water Corporation".
5
73. Substitution of section 172
For section 172 of the Water Act 1989
substitute--
'172. Definitions
In--
10
(a) section 179, "Authority" means a
water corporation within the meaning
of Part 6 other than Melbourne Water
Corporation;
(b) the remaining provisions of this
15
Division, "Authority" means a water
corporation within the meaning of
Part 6 that has a sewerage district.'.
74. Functions of Authorities under Part 9
Section 173(2) of the Water Act 1989 is
20
repealed.
75. Repeal of reference
In section 181(1) of the Water Act 1989, for
"sections 160 and 161" substitute "section 160".
76. Repeal of reference
25
In section 184(1) of the Water Act 1989, for
"sections 160 and 161" substitute "section 160".
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77. Insertion of new Division in Part 9
At the end of Part 9 of the Water Act 1989
insert--
'Division 2--Melbourne Water Corporation
184A. Sewerage functions of Melbourne Water
5
Corporation
Melbourne Water Corporation has the
following functions--
(a) to provide, manage, operate, maintain,
and protect systems for the collection,
10
in bulk, of sewage from all or any of
the following--
(i) the holder of a water and sewerage
licence under the Water Industry
Act 1994;
15
(ii) an Authority with a sewerage
district;
(iii) any other person or class of person
prescribed for the purposes of this
section;
20
(b) to provide, manage, operate, maintain,
and protect systems for the conveyance,
treatment and disposal of any sewage
collected under paragraph (a);
(c) by agreement or consent, to provide,
25
manage, operate, maintain, and protect
systems for the collection in bulk,
conveyance, treatment and disposal of
trade waste;
(d) to develop and implement programs
30
and provide, manage and operate
systems for the recycling, re-use and
supply of treated waste and water
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by-products of sewage treatment and
trade waste treatment;
(e) the acceptance, storage, treatment and
disposal of biosolids and other waste;
(f) to identify community needs relating to
5
sewage treatment services and to plan
for the future needs to the community
relating to those services.
184B. Application of certain provisions of
Division 1 of Part 9
10
Sections 176, 177, 178, 181 and 182 of
Division 1 apply to Melbourne Water
Corporation when it is exercising a function
under section 184A, as if a reference to
"Authority" in those sections were a
15
reference to "Melbourne Water
Corporation".'.
78. Designated waterways--Authorities
In section 188(1) of the Water Act 1989, after
"An Authority" insert ", other than Melbourne
20
Water Corporation,".
79. Insertion of new section 188A
After section 188 of the Water Act 1989 insert--
'188A. Designated waterways, land or works--
Melbourne Water Corporation
25
(1) Any--
(a) waterway that is within the waterway
management district of Melbourne
Water Corporation is a designated
waterway of Melbourne Water
30
Corporation, except--
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(i) any waterway to the extent that it
is within the port waters of the
Port of Melbourne under the Port
Services Act 1995; and
(ii) that section of the Yarra River
5
from its mouth up to the
downstream side of the Bolte
Bridge; and
(iii) that section of the Maribyrnong
River from its mouth up to the
10
downstream side of Shepherds
Bridge; and
(iv) that section of the Moonee Ponds
Creek from its mouth up to the
downstream side of the Footscray
15
Bridge; and
(v) that section of the Stony Creek in
Yarraville from its mouth up to
the downstream side of the Hyde
Street Bridge; and
20
(b) land which abuts a waterway that is a
designated waterway of Melbourne
Water Corporation under paragraph (a),
or is within 20 metres of such a
waterway is designated land of
25
Melbourne Water Corporation.
(2) Any land or works that are within the
waterway management district of Melbourne
Water Corporation are designated land or
works of Melbourne Water Corporation--
30
(a) if they are works--
(i) owned by Melbourne Water
Corporation under section 138 for
the purpose of the exercise of
functions under this Part; or
35
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(ii) declared to be designated works of
Melbourne Water Corporation
under sub-section (3); and
(b) in the case of land or works situated on
land that has been added to the
5
waterway management district of
Melbourne Water Corporation, if
immediately before that addition, they
were land or works of the Authority in
whose waterway management district
10
they were situated.
(3) Melbourne Water Corporation may, by
declaration, published in the Government
Gazette, declare--
(a) any drain vested in Melbourne Water
15
Corporation (that was vested in the
pre-dating corporation immediately
before the commencement of
section 163 of the Water
(Governance) Act 2006)) to be
20
designated works; and
(b) any drain in the waterway management
district of Melbourne Water
Corporation to be designated works.
(4) The requirements for a declaration that are
25
specified in section 188(2) apply to a
declaration under sub-section (3).
(5) In this section, "pre-dating corporation"
has the same meaning as in Schedule 16.'.
80. Repeal of redundant sections
30
Sections 190, 191 and 192 of the Water Act 1989
are repealed.
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81. Owner finance
In section 196(1) of the Water Act 1989, after
"its functions" insert "under this Part".
82. Finance for increased use of services
In section 197(1) of the Water Act 1989, after
5
"its functions" insert "under this Part".
83. Application of Division 3 of Part 10
For section 198(1) of the Water Act 1989
substitute--
"(1) This Division applies to--
10
(a) Melbourne Water Corporation, in
relation to Melbourne Water
Corporation's waterway management
district; and
(b) any other Authority to the extent that
15
that Authority has a waterway
management district to which the
Minister declares that this Division
applies.
(2) A declaration under this section must be in
20
writing and published in the Government
Gazette.
(3) Any declaration made by the Minister under
this section as in force before the
commencement of section 83 of the Water
25
(Governance) Act 2006, being a declaration
in force immediately before that
commencement, is deemed, on and from that
commencement, to be a declaration made by
the Minister under this section as amended
30
by section 83 of that Act.".
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84. Drainage functions of Melbourne Water
Corporation
(1) In section 199(1) of the Water Act 1989--
(a) after "An Authority" insert "other than
Melbourne Water Corporation";
5
(b) in paragraph (a), omit "and, with the consent
of the Minister, the drainage of water from
that district into any waterway outside that
district".
(2) After section 199(1) of the Water Act 1989
10
insert--
"(1A) Melbourne Water Corporation has the
following functions--
(a) to provide, manage, operate, protect
and maintain drainage systems into all
15
designated waterways and all
designated land and works within its
waterway management district;
(b) to develop and implement plans or
schemes, and to take any action
20
necessary--
(i) to bring into operation new
drainage systems; and
(ii) to improve stormwater quality of
water in drainage systems;
25
(c) the functions set out in sub-section (1)
(c) and (d).".
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85. Application of Division 4 of Part 10
(1) In section 201(1) of the Water Act 1989--
(a) after "applies to--" insert--
"(a) Melbourne Water Corporation, in
relation to Melbourne Water
5
Corporation's waterway management
district; and";
(b) in paragraph (b), for "any Authority"
substitute "any other Authority".
(2) For section 201(2) of the Water Act 1989
10
substitute--
'(2) A declaration under sub-section (1) must be
in writing and published in the Government
Gazette.
(3) In this Division, a reference to "Authority"
15
includes--
(a) in relation to the waterway
management district of Melbourne
Water Corporation, Melbourne Water
Corporation; and
20
(b) in relation to any area to which sub-
section (1)(c) applies, the Minister.'.
86. Floodplain management functions of Melbourne
Water Corporation
(1) In section 202 of the Water Act 1989--
25
(a) before "An Authority" insert "(1)";
(b) after "An Authority" insert "(other than
Melbourne Water Corporation)";
(c) in paragraph (f), omit "of Infrastructure".
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(2) At the end of section 202 of the Water Act 1989
insert--
"(2) Melbourne Water Corporation has the
following functions in relation to its
waterway management district--
5
(a) to find out how far floodwaters are
likely to extend and how far they are
likely to rise;
(b) to declare flood levels and flood fringe
levels;
10
(c) to declare building lines;
(d) to develop and implement plans and to
take any action necessary to minimise
flooding and flood damage;
(e) to control developments that have
15
occurred or that may be proposed for
land adjoining waterways;
(f) to provide advice about flooding and
controls on development to local
councils, the Secretary to the
20
Department and the community.".
87. Declarations of flood levels etc.
In section 203(1) of the Water Act 1989, after
"section 202(b) and (c)" insert "or section
202(2)(b) and (c)".
25
88. Declarations of floodway areas etc.
For section 205(2)(a) of the Water Act 1989
substitute--
"(a) at the request of an Authority that has the
functions referred to in section 202(1)(a), (b)
30
and (c) or that has the functions referred to in
section 202(2)(a), (b) and (c);".
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89. Notice of declaration
In section 206(1)(c) of the Water Act 1989, omit
"of Infrastructure".
90. Control of works and structures
(1) In section 208(1) of the Water Act 1989, after
5
"section 202(d) or (e)" insert "or referred to in
section 202(2)(d) or (e)".
(2) In section 208(2) of the Water Act 1989, after
"section 202(d) or (e)" insert "or referred to in
section 202(2)(d) or (e)".
10
91. Removal of existing works and structures
In section 209(1) of the Water Act 1989, after
"section 202(d) or (e)" insert "or referred to in
section 202(2)(d) or (e)".
92. Availability of information
15
At the end of section 212 of the Water Act 1989
insert--
"(2) Despite sub-section (1), Melbourne Water
Corporation may impose a charge under
section 264 for any information given under
20
sub-section (1).".
93. Revision of outdated reference
In section 218(4)(b) of the Water Act 1989, omit
"of Infrastructure".
94. Repeal of reference and Statute Law Revision
25
(1) In section 219(1) of the Water Act 1989, for
"sections 160 and 161" substitute "section 160".
(2) In section 219(1)(d) of the Water Act 1989, for
"carried on on" substitute "carried out on".
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95. Powers of Authorities
For section 222(1)(a)(i) and (ii) of the Water Act
1989 substitute--
"(i) for the purpose of irrigation; and
(ii) for stock and domestic use--
5
at the volumes and for the periods that are
determined by the Authority in accordance with
this Part; and".
96. Mortgagee consent
For section 226(2) of the Water Act 1989
10
substitute--
"(2) An Authority must refuse an application
under sub-section (1)(a) if consent has not
been obtained to the application to transfer a
volume or period from any one of the
15
mortgagees of any parcel of land from which
the volume or period is being transferred.".
97. Documents to accompany applications under
Part 11
In section 230(c) of the Water Act 1989, for
20
"prescribed document or prescribed information"
substitute "documents or information required by
the Authority".
98. Repeal of reference
In section 235(1) of the Water Act 1989, for
25
"appointment of--
(a) an Authority; or
(b) Melbourne Water Corporation--
to decide the issue" substitute "appointment of an
Authority to decide the issue".
30
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99. Repeal of reference
In section 237(2) of the Water Act 1989, for
"appointment of--
(a) an Authority; or
(b) Melbourne Water Corporation--
5
to decide the issue" substitute "appointment of an
Authority to decide the issue".
100. Repeal of reference
In section 238(3) of the Water Act 1989, for
"appointment of--
10
(a) an Authority; or
(b) Melbourne Water Corporation--
to decide the issue" substitute "appointment of an
Authority to decide the issue".
101. Repeal of reference
15
In section 242(b) of the Water Act 1989, for
"appointment of--
(i) an Authority; or
(ii) Melbourne Water Corporation--
to decide the issue" substitute "appointment of an
20
Authority to decide the issue".
102. Repeal of reference
(1) In section 243(1) of the Water Act 1989, omit
"or Melbourne Water Corporation".
(2) In section 243(2) of the Water Act 1989, omit
25
"or Melbourne Water Corporation".
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103. Corporate plans
(1) For section 247(1) of the Water Act 1989
substitute--
"(1) An Authority must prepare a corporate plan
and must submit it to--
5
(a) the Minister on or before the date
specified by the Minister, or, if no such
date is specified, at least 2 months
before it intends to implement the plan
or any part of it; and
10
(b) the Treasurer, at the same time as it
submits the plan to the Minister.".
(2) After section 247(2) of the Water Act 1989
insert--
"(2A) The Treasurer may make any comments on
15
the plan that he or she thinks fit to the
Authority, and the Authority must have
regard to any comments made by the
Treasurer under this sub-section.".
104. Insertion of new sections 250 and 251
20
After section 249 of the Water Act 1989 insert--
"250. Board to notify Minister and Treasurer of
significant affecting events etc.
If the board of directors of an Authority
forms the opinion that matters have arisen--
25
(a) that may prevent, or significantly
affect, achievement of the objectives of
the Authority under the corporate plan;
or
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(b) that may prevent, or significantly
affect, achievement of the financial
targets under the plan--
the board of directors must immediately
notify the Minister and the Treasurer of its
5
opinion and the reasons for the opinion.
251. Report on achievement of corporate plan
(1) The Minister or the Treasurer may, from
time to time, require an Authority to provide
a report on the progress the Authority is
10
making in achieving any targets or objectives
in its corporate plan.
(2) A report under sub-section (1) must--
(a) be given in the form and manner; and
(b) address the issues; and
15
(c) relate to the period--
specified by the person to whom the report is
to be given.".
105. Borrowing power of Melbourne Water Corporation
In the definition of "declared Authority" in section
20
254(1) of the Water Act 1989, after "that Act
applies" insert "or Melbourne Water
Corporation".
106. Definitions--Division 5 of Part 13
At the end of section 257 of the Water Act 1989
25
insert--
'(2) In this Division a reference to "Authority"--
(a) in section 264 includes a reference to
Melbourne Water Corporation, when
exercising any function under this Act;
30
and
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(b) in any other provision of this Division
does not include a reference to
Melbourne Water Corporation, except
where Melbourne Water Corporation is
exercising a function under Part 10.'.
5
107. Properties subject to tariff
After section 258(2) of the Water Act 1989
insert--
"(3) Sub-section (1A) does not apply to
Melbourne Water Corporation.
10
(4) In relation to any tariff that may be set by
Melbourne Water Corporation under this
Division, land that is owned by a declared
public statutory authority that is not used
exclusively as public open space or as a park
15
is deemed to be land that is rateable for the
purposes of sub-section (1).
(5) For the purposes of sub-section (4), the
Governor in Council, by Order published in
the Government Gazette, may declare a
20
public statutory authority constituted under
the laws of Victoria to be a declared public
statutory authority.
(6) Despite anything to the contrary in any other
provision of this Act, the Treasurer, after
25
consultation with the Minister responsible
for a declared public statutory authority, may
give his or her approval to Melbourne Water
Corporation levying an amount in lieu of a
fee under a tariff in respect of a financial
30
year on land owned by the public statutory
authority that, by operation of sub-
section (4), is deemed to be land that is
rateable for the purposes of sub-section (1).
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(7) The amount to be levied in lieu of a fee
under a tariff in accordance with sub-
section (6) is the amount agreed between the
public statutory authority and Melbourne
Water Corporation or, in the absence of
5
agreement, determined by the Treasurer.
(8) An approval may only be given by the
Treasurer under sub-section (6) on the
application of Melbourne Water Corporation.
(9) For the purposes of section 281A an amount
10
to be levied in lieu of fee under a tariff under
this section is to be taken to be such a fee.".
108. Tariffs
(1) In section 259(2) of the Water Act 1989--
(a) after paragraph (c) insert--
15
"(ca) in the case of a fee imposed under a
tariff set by Melbourne Water
Corporation--
(i) an amount fixed according to the
use of the property; or
20
(ii) an amount fixed according to how
the use or development of the
property is controlled under a
planning scheme; or";
(b) in paragraph (d), after "and (c)" insert
25
"and in the case of Melbourne Water
Corporation, amounts referred to in
paragraph (ca)".
(2) In section 259(4) of the Water Act 1989, after
"a minimum amount" insert "or no amount".
30
109. Repeal of certain requirements as to tariffs
Section 260(3)(d) of the Water Act 1989 is
repealed.
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110. Repeal of section 260A(2)
Section 260A(2) of the Water Act 1989 is
repealed.
111. Power to fix fees under tariffs by reference to
valuations used for price determinations
5
(1) In section 262 of the Water Act 1989--
(a) in paragraph (b), for "valuer--" substitute
"valuer; or";
(b) after paragraph (b) insert--
"(c) in the case of Melbourne Water
10
Corporation, use the relevant valuation
for the price determination applying at
the time of the setting of the tariff--".
(2) At the end of section 262 of the Water Act 1989
insert--
15
'(2) In this section--
"Essential Services Commission" has the
same meaning as "Commission" has in
the Essential Services Commission
Act 2001;
20
"price determination" means a price
determination made by the Essential
Services Commission under section 4D
of the Water Industry Act 1994 and
section 33 of the Essential Services
25
Commission Act 2001;
"relevant valuation", in relation to a price
determination, means the valuation
which forms the basis of the tariffs
submitted by Melbourne Water
30
Corporation to the Essential Services
Commission and which is approved in
the price determination.'.
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112. Insertion of section heading
(1) Insert the following heading to section 264A of
the Water Act 1989--
"Authority may charge for securing bulk
entitlements".
5
(2) After section 264A(2) of the Water Act 1989
insert--
'(3) This section does not apply to Melbourne
Water Corporation except where Melbourne
Water Corporation is "the first Authority",
10
within the meaning of sub-section (1).'.
113. Grounds for applications for review
For section 266(1)(c) of the Water Act 1989
substitute--
"(c) that the tariff was not set in accordance with
15
an Order under section 4D(1)(a) of the
Water Industry Act 1994 or in accordance
with the Essential Services Commission
Act 2001;".
114. Insertion of new section 266A
20
After the heading to Division 6 of Part 13 of the
Water Act 1989 insert--
'266A. Definition
In this Division a reference to "Authority"
does not include a reference to Melbourne
25
Water Corporation, except where Melbourne
Water Corporation is acting under
section 196 or 197.'.
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115. Review of required payments
After section 271(1)(e) of the Water Act 1989
insert--
"(ea) that the payment was not set in accordance
with an Order under section 4D(1)(a) of the
5
Water Industry Act 1994 or in accordance
with the Essential Services Commission
Act 2001;".
116. Application of Division 7
After the heading to Division 7 of Part 13 of the
10
Water Act 1989 insert--
"273AA. Application of Division
This Division does not apply to Melbourne
Water Corporation.".
117. Time period for payment of fees under tariffs
15
For section 274(1)(b) of the Water Act 1989
substitute--
"(b) in the case of--
(i) fees that are payable on an annual basis,
at least 28 days after the date of issue of
20
the notice; or
(ii) in the case of fees that are payable on a
basis that is less than an annual basis, at
least 14 days after the date of issue of
the notice--".
25
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118. Insertion of new Division 7A of Part 13
After Division 7 of Part 13 of the Water Act 1989
insert--
"Division 7A--Payment and Recovery of
Money Owed to Melbourne Water Corporation
5
281A. Agreements with respect to collection of
fees under tariffs
(1) Melbourne Water Corporation may enter into
an agreement with--
(a) a licensee; or
10
(b) a Council; or
(c) any other person--
with respect to the collection by that
licensee, Council or any other person (as the
case requires), on behalf of Melbourne Water
15
Corporation, of any fees under tariffs,
charges, interest or other money due to
Melbourne Water Corporation under this
Act.
(2) A licensee must collect, on behalf of
20
Melbourne Water Corporation, fees under
tariffs, charges, interest and other money
referred to in sub-section (1) that relate to the
area or areas specified in the licence of the
licensee on the terms and conditions agreed
25
with Melbourne Water Corporation or, in
default of agreement, determined by the
Essential Services Commission.
(3) A Council must collect, on behalf of
Melbourne Water Corporation, fees under
30
tariffs, charges, interest and other money
referred to in sub-section (1) that relate to the
municipal district of the Council on the terms
and conditions agreed with Melbourne Water
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Corporation or, in default of agreement,
determined by the Essential Services
Commission.
(4) A person who receives a notice from a
licensee, a Council or any other person under
5
sub-section (1) must pay the amount set out
in the notice to the licensee, Council or
person (as the case requires).
281B. Recovery of fees under tariffs
(1) Fees imposed under a tariff set by Melbourne
10
Water Corporation under this Part are
payable by, and recoverable from, the owner
for the time being of the property in respect
of which the fee is imposed.
(2) A fee imposed under a tariff set by
15
Melbourne Water Corporation under this
Part is due and must be paid by the date
specified in a notice issued by Melbourne
Water Corporation requiring payment, being
a date at least 14 days after the date of issue
20
of the notice.
(3) Any amount due to Melbourne Water
Corporation under a tariff is a debt due to
Melbourne Water Corporation by the owner
for the time being of the property in respect
25
of which the amount is due.
(4) If a person liable to pay an amount due to
Melbourne Water Corporation under sub-
section (3) in relation to a property owns the
property, the amount due is a charge on the
30
property, whether or not Melbourne Water
Corporation has agreed to defer the payment
of the whole or any part of that amount.
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281C. Inspection of rate records
(1) A person authorised by Melbourne Water
Corporation may, at any reasonable time and
without charge, inspect, and take a copy of
an entry in or make an extract from, any
5
valuation or rate records of any Council the
municipal district of which is wholly or
partly within the waterway management
district of Melbourne Water Corporation.
(2) A person having custody of the valuation or
10
rate records of a Council must not, when
required to do so by an authorised person
exercising a power under sub-section (1), fail
to produce those records for inspection or
fail to allow the authorised person to take a
15
copy of or make an extract from those
records.
Penalty: 1 penalty unit.".
119. Application of proceeds of disposal of water share
For section 287C(4) of the Water Act 1989
20
substitute--
"(4) A person who claims to be the mortgagee of
a recorded mortgage over a water share may
apply to the Authority for payment of the
value of that mortgage from any surplus
25
retained by the Authority.".
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120. Insertion of new Parts 13A and 13B
After Part 13 of the Water Act 1989 insert--
'PART 13A--PROCESS FOR TRANSFER OF
PROPERTY ETC. OF AUTHORITIES
287E. Definitions
5
(1) In this Part--
"allocation statement" means an allocation
statement under section 287F;
"former transferor instrument" means an
instrument (including a legislative
10
instrument other than this Act) or an
oral agreement subsisting immediately
before the relevant date--
(a) to which the transferor was a
party; or
15
(b) that was given to, or in favour of,
the transferor; or
(c) that refers to the transferor; or
(d) under which--
(i) money is, or may become,
20
payable to the transferor; or
(ii) other property is to be, or
may become liable to be,
transferred to or by the
transferor;
25
"former transferor property" means
property, rights or liabilities of the
transferor that, under this Part, have
vested in, or become liabilities of, a
licensee;
30
"instrument" includes a document and an
oral agreement;
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"liabilities" means all liabilities, duties and
obligations, whether actual, contingent
or prospective;
"property" means any legal or equitable
estate or interest (whether present or
5
future and whether vested or
contingent) in real or personal property
of any description;
"relevant date", in relation to an allocation
statement or property, rights or
10
liabilities allocated under such a
statement, means the date fixed by the
Minister under sub-section (2) for the
purposes of that statement;
"rights" means all rights, powers, privileges
15
and immunities, whether actual,
contingent or prospective;
"transferee" means a person to whom
property is, or rights or liabilities are,
allocated under an allocation statement;
20
"transferor" means a person from whom
property is, or rights or liabilities are,
transferred under an allocation
statement.
(2) The Minister, by notice published in the
25
Government Gazette, may fix the relevant
date for the purposes of an allocation
statement.
287F. Application to Minister for approval of
transfer proposal
30
(1) If an Authority and a licensee jointly propose
that property, rights or liabilities of a
specified kind be transferred from the
Authority to the licensee, the Authority and
the licensee may submit the proposal to the
35
Minister for his or her approval.
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(2) A proposal must be in the form required by
any guidelines issued by the Minister and be
accompanied by a statement containing the
information required by the guidelines
relating to the property, rights or liabilities to
5
be transferred.
(3) A statement under this section--
(a) must give the value of the property,
rights or liabilities of the transferor that
are to be transferred, to the extent to
10
which it is practicable to determine that
value; and
(b) must allocate to the transferee the
property, rights or liabilities of the
transferor shown in the statement; and
15
(c) must be signed by the chief executive
officer (however described) of the
transferee and the transferor.
(4) The Minister may refuse the proposal or
approve it, with or without any changes.
20
(5) If a proposal is approved by the Minister--
(a) the Minister must sign the statement;
and
(b) the statement is an allocation statement
for the purposes of this Part.
25
287G. Amendment of allocation statement
(1) An allocation statement under section 287F
may be amended by a document in writing
signed by the Minister and the managing
director of the transferee and the transferor.
30
(2) An amendment under sub-section (1) to an
allocation statement made after the relevant
date in relation to that statement may be
made with effect from that relevant date if
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the Minister is satisfied that the amendment
does not adversely affect any property, rights
or liabilities of a person other than the
transferor or the transferee in relation to that
statement but must not otherwise be so
5
made.
(3) In this Part, a reference to an "allocation
statement" includes (where the case so
requires) a reference to such a statement as
amended under this section.
10
287H. Property transferred in accordance with
allocation statement
On the relevant date for an allocation
statement--
(a) all property and rights of the transferor,
15
wherever located, that are allocated
under the allocation statement, vest in
the transferee in accordance with the
statement;
(b) all liabilities of the transferor, wherever
20
located, that are allocated under the
allocation statement, become liabilities
of the transferee in accordance with the
statement.
287I. Staff transferred in accordance with
25
allocation statement
(1) On the relevant day for an allocation
statement, all specified officers of the
transferor become officers of the transferee,
and each such officer--
30
(a) holds an office that is equivalent to that
previously held by the person in the
transferor; and
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(b) holds the office on terms and conditions
no less favourable than those of the
office held in the transferor and with
the benefit of all rights accrued in
respect of the office so held.
5
(2) In this section "specified officer" means a
person who holds an office that is specified
in the allocation statement, or is of a class of
offices that is specified in the allocation
statement.
10
287J. Allocation of property etc. subject to
encumbrances
Unless an allocation statement otherwise
provides, where, under this Part--
(a) property or rights vest in; or
15
(b) liabilities become liabilities of--
a transferee in accordance with an allocation
statement--
(c) the property or rights so vested are
subject to the encumbrances (if any) to
20
which the property or rights were
subject immediately before so vesting;
and
(d) the rights to which the transferor was
entitled in respect of those liabilities,
25
immediately before they ceased to be
liabilities of the transferor, vest in the
transferee.
287K. Certificate of managing director
(1) A certificate signed by the managing director
30
of the transferor certifying that property,
rights or liabilities of the transferor specified
in the certificate have been allocated under
an allocation statement is, unless revoked
under sub-section (2), admissible in evidence
35
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in any proceedings and, in the absence of
evidence to the contrary, is proof--
(a) that the property, rights or liabilities so
specified are the property, rights and
liabilities to which the allocation
5
statement applies; and
(b) that the allocation statement is an
allocation statement for the purposes of
this Part.
(2) The managing director may revoke a
10
certificate given under sub-section (1) by
issuing another certificate in place of the first
certificate.
(3) The managing director of a transferor--
(a) must keep a register of allocation
15
statements and of certificates relating to
them that are issued under this section;
and
(b) must make the register reasonably
available for inspection by a transferee
20
or other interested person.
287L. Value of transferred property
If the relevant allocation statement gives the
value of property, rights or liabilities of the
transferor that are allocated to the transferee,
25
the value to the transferee of the property,
rights or liabilities is the value so given.
287M. Substitution of party to agreement
Where, under an allocation statement, the
rights and liabilities of a transferor under an
30
agreement are allocated to a transferee--
(a) the transferee becomes, on the relevant
date, a party to the agreement in place
of the transferor; and
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(b) on and after the relevant date, the
agreement has effect as if the transferee
had always been a party to the
agreement in place of the transferor.
287N. Former transferor instruments
5
Each former transferor instrument relating to
former transferor property continues to have
effect according to its tenor on and after the
relevant date in relation to that property as if
a reference in the instrument to the transferor
10
were a reference to the transferee.
287O. Proceedings
Unless an allocation statement otherwise
provides, if, immediately before the relevant
date, proceedings relating to former
15
transferor property (including arbitration
proceedings) to which a transferor was a
party were pending or existing in any court
or tribunal (including an arbitral tribunal),
then, on and after that date, the transferee is
20
substituted for the transferor as a party to the
proceedings and has the same rights and
liabilities in the proceedings as the transferor
had.
287P. Interests in land
25
Without prejudice to the generality of this
Part and despite anything to the contrary in
any other Act or law if, immediately before
the relevant date, a transferor is, in relation
to former transferor property, the registered
30
proprietor of an interest in land under the
Transfer of Land Act 1958, then on and
after that date--
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(a) the transferee is to be taken to be the
registered proprietor of that interest in
land; and
(b) the transferee has the same rights and
remedies in respect of that interest as
5
the transferor had.
287Q. Easements
If a licensee acquires any right in the nature
of an easement, or purporting to be an
easement, as a result of an allocation under
10
this Part, that right must be taken to be an
easement even though there is no land vested
in the transferee which is benefited or
capable of being benefited by that right.
287R. Amendment of Register
15
(1) The Registrar of Titles, on being requested to
do so and on delivery of any relevant
certificate of title or instrument and
certificate of the managing director of the
transferor of former transferor property, must
20
make any amendments in the Register that
are necessary because of the operation of this
Part.
(2) Despite sub-section (1), it is not necessary to
produce a certificate of title in the case of a
25
request for amendment to the Register in
relation to transferred property that is an
easement registered under the Transfer of
Land Act 1958.
287S. Taxes
30
No stamp duty or other tax is chargeable
under any Act in respect of anything effected
by or done under this Part or in respect of
any act or transaction connected with or
necessary to be done by reason of this Part,
35
including a transaction entered into or an
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instrument made, executed, lodged or given,
for the purpose of, or connected with, the
transfer of property, rights or liabilities of a
transferor.
287T. Evidence
5
(1) Documentary or other evidence that would
have been admissible for or against the
interests of a transferor in relation to a
former transferor instrument or former
transferor property if this Part had not been
10
enacted is admissible for or against the
interests of the transferee.
(2) Division 3A of Part III of the Evidence Act
1958 continues to apply with respect to the
books of account of a transferor and to
15
entries made in those books of account
before the relevant date, whether or not they
relate to a former transferor instrument or
former transferor property.
287U. Validity of things done under this Part
20
Nothing effected or to be effected by this
Part or done or suffered under this Part--
(a) is to be regarded as placing any person
in breach of contract or confidence or
as otherwise making any person guilty
25
of a civil wrong; or
(b) is to be regarded as placing any person
in breach of, or as constituting a default
under, any Act or other law or
obligation or any provision in any
30
agreement, arrangement or
understanding including, but not
limited to, any provision or obligation
prohibiting, restricting or regulating the
assignment, transfer, sale or disposal of
35
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any property or the disclosure of any
information; or
(c) is to be regarded as fulfilling any
condition that allows a person to
exercise a power, right or remedy in
5
respect of, or to terminate, any
agreement or obligation; or
(d) is to be regarded as giving rise to any
remedy for a party to a contract or an
instrument or as causing or permitting
10
the termination of any contract or
instrument because of a change in the
beneficial or legal ownership of any
property, right or liability; or
(e) is to be regarded as causing any
15
contract or instrument to be void or
otherwise unenforceable; or
(f) is to be regarded as frustrating any
contract; or
(g) releases any surety or other obligor
20
wholly or in part from any obligation.
PART 13B--PROCEDURES FOR MAKING
BY-LAWS
Division 1--Preliminary
287V. Definitions
25
In this Part--
"electronic communication" has the same
meaning as in the Electronic
Transactions (Victoria) Act 2000;
"model by-laws" means model by-laws
30
issued by the Minister under section
287ZB;
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287W. Authorities required to use certain
procedures when making by-laws
An Authority must use either the procedure
set out in Division 2 or the procedure set out
in Division 3 when making a by-law under
5
this Act.
Division 2--Procedure for Making By-laws
Using Model By-laws
287X. Requirements for Minister when issuing
model by-laws
10
In issuing a model by-law to be used by
Authorities in an exercise of a by-law
making power under this Act, the Minister
must comply with the procedure set out in
this Division.
15
287Y. Minister to give notice of proposed model
by-law
(1) Before issuing a model by-law, the Minister
must give notice of the proposal to issue the
by-law--
20
(a) in the Government Gazette; and
(b) in a newspaper circulating generally in
the area to which the proposed model
by-law will apply.
(2) A notice under sub-section (1) must state--
25
(a) the title of the proposed model by-law;
and
(b) the purpose and general purport of the
proposed model by-law; and
(c) that a copy of the proposed model
30
by-law may be inspected, free of
charge, and the places at which and the
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means by which any such copy may be
inspected under section 287Z; and
(d) that submissions are invited on the
proposed model by-law; and
(e) the time within which any such
5
submissions must be received by the
Minister under section 287ZA(3); and
(f) the means by which any such
submissions may be made to the
Minister under section 287ZA(2).
10
287Z. Inspection of proposed model by-law
The Minister must ensure that the proposed
model by-law--
(a) is available for inspection, free of
charge, at the offices of the Department
15
during ordinary business hours; and
(b) is able to be inspected, free of charge,
by means of electronic communication
at the electronic address of the
Department.
20
287ZA. Submissions on model by-laws
(1) The Minister must invite submissions on the
proposed model by-law in the notice under
section 287Y.
(2) Any person who is affected by the proposed
25
model by-law may make a submission on the
by-law to the Minister in writing, whether by
means of electronic communication or
otherwise.
(3) A submission under sub-section (2) must be
30
received by the Minister within one month of
the publication of the notice under section
287Y(1).
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287ZB. Issuing of model by-laws
After considering all submissions made on
the proposed model by-laws, the Minister
may issue, as model by-laws, the proposed
model by-laws, either with or without
5
amendment.
287ZC. Making and giving of notice of making of
by-law using model by-law
(1) An Authority may make a by-law by using a
model by-law.
10
(2) In making a by-law by using a model by-law,
the Authority may make any necessary
minor or technical changes to the by-law.
(3) An Authority that is making a by-law using a
model by-law must give notice of the making
15
of the by-law--
(a) in the Government Gazette; and
(b) in a newspaper circulating generally in
the area in which the by-law will apply.
(4) A notice under sub-section (3) must set
20
out--
(a) the title of the by-law; and
(b) the purpose and general purport of the
by-law; and
(c) that the by-law is being made by using
25
a model by-law issued by the Minister;
and
(d) that a copy of the by-law may be
inspected, free of charge, and the places
and times at which and the means by
30
which a copy of the by-law may be
inspected under section 287ZK; and
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(e) the address of the Authority (including
any electronic address) and the site of
any electronic publication of
information by the Authority about its
operations.
5
Division 3--Procedure for Making By-laws Not
Using Model By-laws
287ZD. Obligation of Authorities when exercising
by-law making power
In exercising a by-law making power under
10
this Act, without using a model by-law
issued by the Minister under Division 2, the
Authority must comply with the procedure
set out in this Division.
287ZE. Authority to give notice of proposed
15
by-law
(1) Before making a by-law, the Authority that
proposes to make the by-law, must give
notice of the proposal--
(a) in the Government Gazette; and
20
(b) in a newspaper circulating generally in
the area to which the proposed by-law
will apply.
(2) A notice under sub-section (1) must state--
(a) the title of the proposed by-law; and
25
(b) the purpose and general purport of the
proposed by-law; and
(c) that a copy of the proposed by-law may
be inspected, free of charge, and the
places at which and the means by
30
which any such copy may be inspected
under section 287ZF; and
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(d) that submissions are invited on the
proposed by-law; and
(e) the time within which any such
submissions must be received by the
Authority under section 287ZG(3); and
5
(f) the means by which any such
submissions may be made to the
Authority under section 287ZG(2).
287ZF. Inspection of proposed by-law
The Authority must ensure that the proposed
10
by-law--
(a) is available for inspection, free of
charge, at the offices of the Authority
during ordinary business hours; and
(b) is able to be inspected by means of
15
electronic communication at the
electronic address of the Authority.
287ZG. Submissions on by-laws
(1) The Authority must invite submissions on
the proposed by-law in the notice under
20
section 287ZE.
(2) Any person who is affected by the proposed
by-law may make a submission on the
by-law to the Authority in writing, whether
by means of electronic communication or
25
otherwise.
(3) A submission under sub-section (2) must be
received by the Authority within one month
of the publication of the notice under section
287ZE(1).
30
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287ZH. Consideration and Ministerial approval
(1) Before making the proposed by-law, the
Authority must consider all submissions
made on the proposed by-law within the time
set out in section 287ZG(3) for the making
5
of submissions.
(2) After considering any such submissions, the
Authority may make any amendments it
considers necessary to the proposed by-law.
(3) After consideration and any amendment
10
under this section, the Authority may
forward the proposed by-law to the Minister
for approval for making.
(4) The Minister, on receiving a proposed
by-law forwarded under sub-section (3), may
15
approve the proposed by-law for making.
287ZI. Making and giving of notice of making
(1) On the Minister approving a proposed
by-law for making under section 287ZH(4),
the Authority may make the by-law.
20
(2) The Authority must give notice of the
making of the by-law--
(a) in the Government Gazette; and
(b) in a newspaper circulating generally in
the area in which the by-law will apply.
25
(3) A notice under sub-section (2) must set
out--
(a) the title of the by-law; and
(b) the purpose and general purport of the
by-law; and
30
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(c) that a copy of the by-law may be
inspected, free of charge, and the places
and times at which and the means by
which a copy of the by-law may be
inspected under section 287ZK; and
5
(d) the address of the Authority (including
any electronic address) and the site of
any electronic publication of
information by the Authority about its
operations.
10
Division 4--General
287ZJ. Effect of by-laws
(1) A by-law made under Division 2 has no
effect until notice of its making under section
287ZC is published in the Government
15
Gazette.
(2) A by-law made under Division 3 has no
effect until it is approved by the Minister and
notice of its making under section 287ZI is
published in the Government Gazette.
20
287ZK. Inspection of by-laws
(1) An Authority must ensure that a copy of any
by-law made by it--
(a) is available for inspection, free of
charge, at the offices of the Authority
25
during ordinary business hours; and
(b) is able to be inspected, free of charge,
by means of electronic communication
at the electronic address of the
Authority.
30
(2) An Authority must ensure that any by-law
made by it is able to be purchased, on
demand, at the offices of the Authority
during ordinary business hours.
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287ZL. Automatic revocation of by-laws
(1) Unless sooner revoked, a by-law is by virtue
of this section, revoked on the day which is
10 years after the making of the by-law.
(2) In the case of any particular by-law, the
5
Minister may certify that the operation of the
by-law that would otherwise be revoked
should be extended beyond the day of
revocation, if the Minister is satisfied that
there are particular circumstances that make
10
that certification reasonable.
(3) The Authority that has made a by-law to
which sub-section (2) applies may on the
certification of the Minister under sub-
section (2), make a by-law under this Act
15
extending the operation of the by-law that is
the subject of the certification for a period of
no more than 12 months.
(4) The Minister must not make more than one
certification under sub-section (2) in relation
20
to any particular by-law.'.
121. Insertion of new section 295A
After section 295 of the Water Act 1989 insert--
"295A. Power to issue infringement notices
(1) A person authorised in writing, either
25
generally or in a particular case, by an
Authority may serve an infringement notice
on any person he or she reasonably believes
has contravened a restriction or prohibition
on the use of water in any area set out, in
30
accordance with section 170A(4), in a
Schedule to the permanent water saving plan
that the Authority has adopted under section
170A(9).
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(2) An offence referred to in sub-section (1), for
which an infringement notice may be served,
is an infringement offence within the
meaning of the Infringements Act 2006.
(3) The penalty to be paid in respect of an
5
offence, to which an infringement notice that
is served under this section relates, must not
exceed 1 penalty unit.".
122. Service of documents
For section 304(1) of the Water Act 1989
10
substitute--
"(1) Any document required or permitted to be
served on an Authority may be served--
(a) by being left at its principal office with
a person authorised in writing by the
15
Authority to accept service of
documents on behalf of the Authority;
or
(b) by sending it by certified mail
addressed to the managing director at
20
the principal office of the Authority.".
123. Incorporation of plans etc. in other instruments
(1) In section 305C(1) of the Water Act 1989--
(a) in paragraph (b) for "then; or" substitute
"then.";
25
(b) paragraph (c) is repealed.
(2) After section 305C(2)(b) of the Water Act 1989
insert--
"(ba) section 6A;".
(3) Section 305C(2)(c) of the Water Act 1989 is
30
repealed.
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(4) After section 305C(2)(h) of the Water Act 1989
insert--
"(ha) section 33AAA;".
(5) Sections 305C(2)(i), 305C(2)(j), 305C(2)(k),
305C(2)(l) and 305C(2)(m), of the Water Act
5
1989 are repealed.
(6) After section 305C(2)(n) of the Water Act 1989
insert--
"(na) section 122H;
(nb) section 122I;
10
(nc) section 122J;
(nd) section 122K;
(ne) section 122T;
(nf) section 122U;
(ng) section 122Y;
15
(nh) section 122Z;
(ni) section 122ZA;
(nj) section 122ZK;".
(7) After section 305C(2)(q) of the Water Act 1989
insert--
20
"(qa) section 188A(3);".
124. Change of cross-reference
In section 306(1)(b) of the Water Act 1989,
for section "33AB(1)" substitute
"section 33AAB(1)".
25
125. Ministerial directions
(1) In section 307(1) of the Water Act 1989--
(a) after "The Minister" insert ", after consulting
with the Treasurer,";
(b) after "may give a" insert "written".
30
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(2) After section 307(1) of the Water Act 1989
insert--
"(1A) An Authority to which a direction has been
given under sub-section (1) must comply
with the direction.".
5
126. Insertion of new section 307A
After section 307 of the Water Act 1989 insert--
"307A. Reimbursement of cost of complying with
directions
(1) If the Minister is satisfied that an Authority
10
has suffered financial detriment as a result of
complying with a direction of the Minister
under section 307, the Minister may direct
that an Authority be reimbursed the amount
determined by the Minister to be the amount
15
of the financial detriment.
(2) The Minister must not make a determination
under sub-section (1) unless the Minister has
first--
(a) obtained the approval of the Minister
20
administering the Financial
Management Act 1994; and
(b) consulted with the board of directors of
the Authority.
(3) On making a determination under sub-
25
section (1), the Authority becomes entitled to
the payment of the amount so determined.
(4) A reference in sub-section (1) to suffering
financial detriment includes a reference to--
(a) incurring costs that are greater than
30
would otherwise have been incurred; or
(b) foregoing revenue that would otherwise
have been received.
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(5) A determination under sub-section (1) must
be made in writing.".
127. Guidelines as to terms and conditions of
employment
In section 322(1)(a) of the Water Act 1989, after
5
"Authority" insert "other than a Catchment
Management Authority".
128. Insertion of new section 324A
After section 324 of the Water Act 1989 insert--
"324A. Powers to make regulations as to elections
10
(1) The Governor in Council may make
regulations for or with respect to the holding
of elections for the filling of vacancies in the
membership of the board of directors of First
Mildura Irrigation Trust, including but not
15
limited to, regulations for or with respect
to--
(a) enrolment for and voting at elections;
(b) the compilation of voters' rolls;
(c) the provision by an Authority of a copy
20
of a voters' roll on payment of a fee of a
specified amount;
(d) the date on which ordinary elections are
to be held;
(e) the calling of nominations;
25
(f) requiring a refundable nomination fee
of a specified amount to be paid by
candidates;
(g) providing for pre-poll voting in person;
(h) providing for postal voting;
30
(i) providing for the registration of how-
to-vote cards with the returning officer;
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(j) prohibiting the printing, publishing,
handing out, distribution or otherwise
making available of a how-to-vote card
that was required to be registered with
the returning officer but was not;
5
(k) the maintenance of order at polling
places and the removal of persons from
them;
(l) providing for preferential voting at
elections;
10
(m) the counting of votes;
(n) the method of determining the result of
an election;
(o) the holding of an inquiry into an
election at the request of any person or
15
persons who dispute its validity or are
dissatisfied with its conduct;
(p) requiring a fee of a specified amount to
be paid by any person or persons who
request the holding of an inquiry into
20
an election;
(q) generally, all matters necessary for the
proper conduct of elections.
(2) Without limiting section 324, regulations
made under this section may include
25
regulations based on the Electoral Act 2002
and on regulations made under that Act with
any alterations and adaptations that, in the
opinion of the Governor in Council, are
necessary.
30
(3) Regulations made under this section must
not provide for election by the quota-
preferential or any other method of
proportional representation.".
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129. Insertion of new sections 325A and 330A
(1) After section 325 of the Water Act 1989 insert--
"325A. Effect of Schedule 15
Schedule 15 has effect.".
(2) After section 330 of the Water Act 1989 insert--
5
"330A. Effect of Schedule 16
Schedule 16 has effect.".
130. Insertion of new sections 332 and 333
After section 331 of the Water Act 1989 insert--
'332. Transitional and validation provision--
10
Longwarry Drainage Trust
(1) In this section--
"Dandenong Valley and Westernport
Authority" means the Authority
established under the Dandenong
15
Valley Authority Act 1963, whether
when known as the Dandenong Valley
Authority or when known as the
Dandenong Valley and Westernport
Authority;
20
"former body" means the body known as
the Longwarry Drainage Trust;
"new body" means Melbourne Water
Corporation under the Melbourne
Water Corporation Act 1992.
25
(2) On the commencement of this section--
(a) the former body is abolished and its
members go out of office; and
(b) all rights, property and assets that
immediately before that
30
commencement were vested in the
former body vest in the new body; and
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(c) all debts, liabilities and obligations of
the former body existing immediately
before that commencement become
debts, liabilities and obligations of the
new body; and
5
(d) the new body is substituted as a party to
any proceedings pending in any court to
which the former body was a party
immediately before the
commencement; and
10
(e) the new body is substituted as a party to
any arrangement or contract entered
into by or on behalf of the former body
as a party and in force immediately
before that commencement; and
15
(f) any reference to the former body in any
Act or in any proclamation, Order in
Council, rule, regulation, order,
agreement, instrument, deed or other
document whatsoever, so far as it
20
relates to any period after that
commencement and if not inconsistent
with the context or subject-matter, must
be construed as a reference to the new
body.
25
(3) Anything done or purported to have been
done by Melbourne Water Corporation as
successor in law of the Dandenong Valley
and Westernport Authority (to the extent that
that body was purporting to act as successor
30
in law of the Longwarry Drainage Trust) that
would have been validly done had the
Dandenong Valley and Westernport
Authority been validly appointed as
successor in law of the Longwarry Drainage
35
Trust has, and is deemed always to have had,
the same force and effect as it would have
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had if the Dandenong Valley and
Westernport Authority had been validly
appointed as successor in law of the
Longwarry Drainage Trust.
(4) Anything done or purported to have been
5
done by the Dandenong Valley and
Westernport Authority, to the extent that that
body was purporting to act as successor in
law of the Longwarry Drainage Trust, that
would have been validly done had the
10
Dandenong Valley and Westernport
Authority been validly appointed as
successor in law of the Longwarry Drainage
Trust has, and is deemed always to have had,
the same force and effect as it would have
15
had if the Dandenong Valley and
Westernport Authority had been validly
appointed as successor in law of the
Longwarry Drainage Trust.
333. Amendment of Register
20
The Registrar of Titles must make any
recordings in or amendments to the Register
under the Transfer of Land Act 1958 that
are necessary because of the operation of
section 332.'.
25
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131. Substitution of Schedule 1
For Schedule 1 to the Water Act 1989
substitute--
"SCHEDULE 1
5 WATER CORPORATIONS AND FORMER WATER
AUTHORITIES
TABLE
Item Column 1 Column 2
Water Corporations Former Water Authorities
1. Barwon Region Barwon Region Water
Water Corporation Authority
2. Central Gippsland Central Gippsland Region
Region Water Water Authority
Corporation
3. Central Highlands Central Highlands Region
Region Water Water Authority
Corporation
4. Coliban Region Coliban Region Water
Water Corporation Authority
5. East Gippsland East Gippsland Region
Region Water Water Authority
Corporation
6. First Mildura First Mildura Irrigation
Irrigation Trust Trust
7. Gippsland and Gippsland and Southern
Southern Rural Rural Water Authority
Water Corporation
8. Goulburn--Murray Goulburn-Murray Rural
Rural Water Water Authority
Corporation
9. Goulburn Valley Goulburn Valley Region
Region Water Water Authority
Corporation
10. Grampians Wimmera Grampians Wimmera
Mallee Water Mallee Water Authority
Corporation
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Item Column 1 Column 2
Water Corporations Former Water Authorities
11. Lower Murray Urban Lower Murray Urban and
and Rural Water Rural Water Authority
Corporation
12. Melbourne Water Melbourne Water
Corporation Corporation
13. North East Region North East Region Water
Water Corporation Authority
14. South Gippsland South Gippsland Region
Region Water Water Authority
Corporation
15. Wannon Region Wannon Region Water
Water Corporation Authority
16. Western Region Western Region Water
Water Corporation Authority
17. Westernport Region Westernport Region
Water Corporation Water Authority
__________________".
132. Substitution of Schedule 2
For Schedule 2 to the Water Act 1989
substitute--
5 'SCHEDULE 2
TRANSITIONAL PROVISIONS APPLYING ON
RESTRUCTURING OR ABOLITION OF WATER
CORPORATIONS
1. Definitions
10 In this Schedule--
"old corporation" means a water corporation
from whom powers, duties or functions
are being transferred under a
determination of the Minister under
15 section 87 or 88;
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"new corporation" means a water corporation
to whom powers, duties or functions are
being transferred under a determination
of the Minister under section 87 or 88.
5 2. Membership of board of directors on restructuring
or abolition
(1) The Minister may, in the case of an old
corporation or a new corporation, specify, in
the determination under section 87 or 88 (as the
10 case requires), an alteration to the membership
of the board of directors of the corporation
either by--
(a) the appointment of additional members
to the board of directors; or
15 (b) the removal of members from the board
of directors.
(2) Division 3 of Part 6 applies to an appointment
of a member to a board of directors under sub-
clause (1) as if it were an appointment under
20 that Division.
3. Transfer of assets on restructuring or abolition
On the making of a determination under
section 87 or 88--
(a) any rights, property and assets of the old
25 corporation that are specified in the
determination are deemed to be vested in
the new corporation; and
(b) any debts, liabilities and obligations of
the old corporation arising out of any
30 vesting under paragraph (a) are deemed
to be the debts, liabilities and obligations
of the new corporation; and
(c) the new corporation is substituted as a
party to any arrangement or contract
35 entered into by or on behalf of the old
corporation arising out of any vesting
under paragraph (a).
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4. Transfer of staff
(1) On the making of a determination under
section 87 or 88, all specified officers of the old
corporation become officers of the new
5 corporation and each such officer--
(a) holds an office that is equivalent to that
previously held by the person in the old
corporation; and
(b) holds the office on terms and conditions
10 no less favourable than those of the
office in the old corporation and with the
benefit of all rights accrued in respect of
the office so held.
(2) In this section "specified officer" means a
15 person who holds an office that is specified in
the determination, or is of a class of offices that
is specified in the determination.
5. Amendment of Register
The Registrar of Titles must make any
20 recordings in or amendments to the Register
under the Transfer of Land Act 1958 that are
necessary because of the operation of this
Schedule.
6. Continuation of by-laws on restructuring or
25 abolition
Any by-law made by an old corporation, being
a by-law that--
(a) relates to property, rights or liabilities
that are transferred under clause 3 to a
30 new corporation; and
(b) is in force immediately before that
transfer--
is deemed, on the happening of the transfer to
be a by-law made by the new corporation and
35 may be amended or revoked accordingly.
__________________'.
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133. Substitution of Schedule 3
For Schedule 3 to the Water Act 1989
substitute--
"SCHEDULE 3
5 PARTICULAR POWERS OF MELBOURNE WATER
CORPORATION
Corporation to maintain certain roads in Corio
and Werribee
(1) The Road Management Act 2004 applies to
10 any road or portion of a road--
(a) that is within the municipal district of the
City of Wyndham; and
(b) that is abutted on both sides by land
owned by Melbourne Water Corporation;
15 and
(c) that is not a freeway or arterial road,
within the meaning of the Road
Management Act 2004--
as if the road or the part of the road is a road
20 within the meaning of that Act.
(2) For the purposes of the Road Management Act
2004, the relevant road authority for the land to
which sub-section (1) applies is Melbourne
Water Corporation, subject to any regulations
25 for the purposes of section 37(1)(c) of that Act.
__________________".
134. Amendment of Schedule 6--First Mildura
Irrigation Trust
(1) Clause 1 of Schedule 6 to the Water Act 1989 is
repealed.
30
(2) Insert the following definition in clause 2(1) of
Schedule 6 to the Water Act 1989--
' "election" includes an election to fill an extraordinary
vacancy;'.
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(3) For clause 3 of Schedule 6 to the Water Act 1989
substitute--
"3. Enrolment to vote
A person whose name appears in the register of
5 the First Mildura Irrigation Trust as an owner or
occupier of not less than 1 hectare of rateable
land that is not a township allotment is entitled,
without application, to be enrolled on the
voter's roll.
10 3A. Entitlement to vote
(1) A person who is not enrolled on the voter's roll
is not entitled to vote at an election of members
of the board of directors of First Mildura
Irrigation Trust.
15 (2) At an election of members of the board of
directors of First Mildura Irrigation Trust, a
person who is enrolled on the voter's roll of the
First Mildura Irrigation Trust is entitled to one
vote.
20 (3) Sub-clause (2) does not require an owner or
occupier of property whose principal place of
residence is outside the irrigation district of
First Mildura Irrigation Trust, to vote at an
election.
25 3B. Eligibility to stand for election
A person is eligible to stand for election as a
member of the board of directors of the First
Mildura Irrigation Trust if that person is an
occupier or owner of rateable land in the
30 irrigation district of the First Mildura Irrigation
Trust and that person's name appears on the
register of the Trust in respect of that land and
that person is not disqualified from voting
under this Schedule or under regulations made
35 under section 324A.".
(4) Clauses 4 and 4A of Schedule 6 to the Water Act
1989 are repealed.
(5) Clause 8 of Schedule 6 to the Water Act 1989 is
repealed.
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135. Repeal of Schedules relating to former bodies
Schedules 7 and 8 to the Water Act 1989 are
repealed.
136. Repeal of Schedules 11 and 12
Schedules 11 and 12 to the Water Act 1989 are
5
repealed.
137. Amendment of Schedule 12A--mortgages
For clause 1(2) of Schedule 12A to the Water Act
1989 substitute--
10 "(2) The owner of a water share must not mortgage an
undivided portion of the water share.
(2A) The holder of a limited term transfer of a water share
must not mortgage the limited term transfer of the
water share.".
138. Schedule 15, amendment of definition of owner
15
In the definition of "owner" in clause 1(1) of
Schedule 15 to the Water Act 1989--
(a) in paragraph (a), for "the registered
proprietor of the land" substitute "the
registered proprietor of an estate in fee
20
simple in the land";
(b) in paragraph (b)(i), for "a mortgage over the
land" substitute "a mortgage over an estate
in fee simple in the land";
(c) for paragraph (b)(ii) substitute--
25
"(ii) in the case of any other estate in fee simple, the
owner of the legal estate;".
139. Schedule 15, conversion of prior joint right
In clause 4(1) of Schedule 15 to the Water Act
1989, after "prior joint right within the water
30
system" insert ", that does not relate to Crown
land".
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140. Schedule 15, conversion of prior water right
In clause 5(1) of Schedule 15 to the Water Act
1989, after "prior water right within the water
system" insert ", that does not relate to Crown
land".
5
141. Amendment of Schedule 15--correction of reference
In clause 5(4) of Schedule 15 to the Water Act
1989, for "222(1)(b)" substitute "222(1)".
142. Schedule 15, conversion of prior domestic and stock
right
10
In clause 6(1) of Schedule 15 to the Water Act
1989, after "prior domestic and stock right within
the water system" insert ", that does not relate to
Crown land".
143. Amendment of Schedule 15--correction of reference
15
In clause 6(4) of Schedule 15 to the Water Act
1989, for "222(1)(a)" substitute "222(1)".
144. Schedule 15, holdings to which no rights apply
In clause 8(2) of Schedule 15 to the Water Act
1989--
20
(a) omit ", prior domestic and stock right";
(b) for "within one year" substitute "within
6 months or any other period (not being
more than 12 months) specified in the
conversion rules".
25
145. Schedule 15, serviced property
In clause 12 of Schedule 15 to the Water Act
1989, for "is deemed to be a serviced property"
substitute "is deemed to be serviced property".
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146. Schedule 15, mortgages
(1) In clause 25(1) of Schedule 15 to the Water Act
1989--
(a) after "in the form" insert "and manner";
(b) for "and propose that clause 26 should apply
5
to the mortgage" substitute "and advise the
owner that clause 26 will apply to the
mortgage".
(2) After clause 25(1) of Schedule 15 to the Water
Act 1989 insert--
10
"(1A) A notice under sub-clause (1) must be given by the
Authority before the appointed day for the water
system, when it is practicable to do so.".
(3) Before clause 26(1) of Schedule 15 to the Water
Act 1989 insert--
15
"(1AA) On and from the appointed day for a water system, the
following sub-clauses apply to each mortgage over
the whole or a part of any parcel of land where, the
owner of the whole or the part of the parcel, by virtue
20 of that ownership, is deemed by the operation of
Part 2, to be the owner of a water share in respect of
the water system.".
(4) In clause 26(1) of Schedule 15 to the Water Act
1989--
(a) for "If an Authority has given a notice under
25
clause 25 to a land owner before the
appointed day for a water system, on and
from the appointed day for the water system,
the mortgage" substitute "The mortgage";
(b) after "to secure the debt secured by the
30
mortgage, immediately before the appointed
day," insert "and amounts that may be
advanced under the mortgage on or after that
day,".
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s. 147
147. Schedule 15, works licences
In clause 27 of Schedule 15 to the Water Act
1989, after "section 67" insert "that is in force
immediately before the appointed day and".
148. Insertion of new Schedule 16
5
After Schedule 15 to the Water Act 1989
insert--
'__________________
SCHEDULE 16
10 TRANSITIONAL ARRANGEMENTS WATER
(GOVERNANCE) ACT 2006
PART 1--PRELIMINARY
1. Definitions
In this Schedule--
15 "pre-dating Authority", in relation to a water
corporation set out in an item in
Column 1 of the Table in Schedule 1
(other than item 12), means the body
corporate that was, immediately before
20 the commencement of section 54 of the
2006 Act, commonly known by the name
set out in the item in Column 2 of the
Table in Schedule 1 opposite that water
corporation;
25 "pre-dating Corporation" means the body
corporate that was, immediately before
the commencement of section 162 of the
2006 Act, the "Corporation" within the
meaning of the Melbourne Water
30 Corporation Act 1992;
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"relevant post-dating water corporation", in
relation to a pre-dating Authority means
the water corporation set out in the item
in Column 1 of the Table in Schedule 1
5 immediately opposite the pre-dating
Authority;
"2006 Act" means the Water (Governance)
Act 2006.
PART 2--TRANSITIONAL ARRANGEMENTS--
AUTHORITIES
10
2. Water Corporations deemed to be the same body
as pre-dating Authorities
(1) Despite the commencement of section 54 of the
2006 Act--
15 (a) a pre-dating Authority, is deemed to
continue in existence as if it were
established as the relevant post-dating
water corporation under Part 6 of this
Act; and
20 (b) each member of a pre-dating Authority,
is deemed to continue in office as a
member of the board of directors of the
relevant post-dating water corporation, as
if the member had been appointed under
25 this Act, for the remaining period of that
member's term of appointment.
(2) Where the maximum number of members of a
pre-dating Authority was, immediately before
the commencement of section 54 of the 2006
30 Act, greater than 9, clause (1)(b) has effect to
continue each member in office despite
section 95.
(3) Despite the commencement of section 54 of the
2006 Act--
35 (a) any rights, property and assets that
immediately before that commencement
were vested in a pre-dating Authority are
deemed to be vested in the relevant post-
dating water corporation; and
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(b) any debts, liabilities and obligations of a
pre-dating Authority that were existing
immediately before that commencement
are deemed to be the debts, liabilities and
5 obligations of the relevant post-dating
water corporation; and
(c) the relevant post-dating water
corporation is deemed to be substituted
as a part to any proceedings pending in
10 any court to which a pre-dating Authority
was a party immediately before that
commencement; and
(d) the relevant post-dating water
corporation is substituted as a party to
15 any arrangement or contract entered into
by or on behalf of a pre-dating Authority
and in force immediately before that
commencement; and
(e) any reference to a pre-dating Authority in
20 any Act or in any proclamation, Order in
Council, rule, regulation, order,
agreement, instrument, deed or other
document whatsoever, so far as it relates
to any period after that commencement
25 and if not inconsistent with the context or
subject-matter, must be construed as a
reference to the relevant post-dating
water corporation and the force and
effect of any such document is not to be
30 taken to be affected by that
commencement.
3. Immunity of certain members of water
corporations
(1) A relevant member of a post-dating water
35 corporation is not personally liable for anything
done or omitted to be done in good faith--
(a) in the exercise of a power or the
discharge of a duty under this Act or the
regulations; or
40 (b) in the reasonable belief that the Act or
omission was in the exercise of a power
of the discharge of a duty under this Act
or the regulations.
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s. 148
(2) Any liability arising from an act or omission
that would, but for sub-section (1), attach to a
relevant member of a post-dating water
corporation attaches instead to the post-dating
5 water corporation.
(3) In this clause--
"relevant member" in relation to a post-dating
water corporation, means a person who is
a member of the board of directors of the
10 water corporation and who was, at the
commencement of section 7 of the
Water (Essential Services Commission
and Other Amendments) Act 2003, a
member of the board of the relevant
15 pre-dating Authority and whose term of
office has not expired since that
commencement.
4. By-laws
(1) Subject to sub-clause (2), any by-law made by a
20 pre-dating Authority and in force immediately
before the commencement of section 54 of the
2006 Act is deemed to continue in force on and
after that commencement as if the by-law were
made by the relevant post-dating water
25 corporation and may be amended or revoked
accordingly.
(2) Any by-law made by a pre-dating Authority
under this Act and in force immediately before
the commencement of section 54 of the 2004
30 Act, that was made 10 or more years before that
commencement, is deemed to continue in force
for a period of no more than 12 months after
that commencement, as if it were made by the
relevant post-dating water corporation and may
35 be amended or revoked accordingly.
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Part 2--Amendments to the Water Act 1989
s. 148
PART 3--TRANSITIONAL AND SAVINGS--
MELBOURNE WATER CORPORATION
5. Melbourne Water Corporation deemed to be the
same body as pre-dating Corporation
5 (1) Despite the commencement of section 162 the
2006 Act--
(a) the pre-dating Corporation, is deemed to
continue in existence as if it were
established as Melbourne Water
10 Corporation under Part 6 of this Act; and
(b) each member of the Board of Directors
of the pre-dating Corporation, is deemed
to continue in office as a member of the
board of directors of Melbourne Water
15 Corporation, as if the member had been
appointed under this Act, for the
remaining period of that member's term
of appointment.
(2) Despite the commencement of section 162 the
20 2006 Act--
(a) any rights, property and assets that
immediately before that commencement
were vested in the pre-dating Corporation
are deemed to be vested in Melbourne
25 Water Corporation; and
(b) any debts, liabilities and obligations of
the pre-dating Corporation that were
existing immediately before that
commencement are deemed to be the
30 debts, liabilities and obligations of
Melbourne Water Corporation; and
(c) Melbourne Water Corporation is deemed
to be substituted as a party to any
proceedings pending in any court to
35 which the pre-dating Corporation was a
party immediately before that
commencement; and
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s. 148
(d) Melbourne Water Corporation is
substituted as a party to any arrangement
or contract entered into by or on behalf of
the pre-dating Corporation and in force
5 immediately before that commencement;
and
(e) any reference to the pre-dating
Corporation in any Act or in any
proclamation, Order in Council, rule,
10 regulation, order, agreement, instrument,
deed or other document whatsoever, so
far as it relates to any period after that
commencement and if not inconsistent
with the context or subject-matter, must
15 be construed as a reference to Melbourne
Water Corporation and the force and
effect of any such document is not to be
taken to be affected by that
commencement.
20 (3) On the commencement of section 162 of the
2006 Act, Melbourne Water Corporation ceases
to be a reorganising body within the meaning of
the State Owned Enterprises Act 1992.
(4) Subject to this Schedule and to any other
25 provision of this Act, the force and effect of any
instrument made or anything done under the
Melbourne and Metropolitan Board of
Works of Act 1958 or the Melbourne Water
Corporation Act 1992 by the pre-dating
30 corporation, is not to be taken to be affected by
the repeal of those Acts.
6. Ownership of works
Any works that were, immediately before the
commencement of section 162 of the 2006
35 Act--
(a) owned; or
(b) in the process of being constructed, that
are not works in respect of which it has
been agreed that they are to be owned by
40 another person on completion of
construction--
by the pre-dating Corporation are deemed to be
owned by Melbourne Water Corporation.
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Part 2--Amendments to the Water Act 1989
s. 148
7. Designated land or works
Any land or works within the waterway
management district of Melbourne Water
Corporation that was land or works of the pre-
5 dating Corporation immediately before the
commencement of section 79 of the 2006 Act
that was used for the purposes in the nature of
the purposes of Part 10 are deemed to be
designated land or works of Melbourne Water
10 Corporation for the purposes of that Part.
8. Main drains
Any drain or waterway that was a main drain
(within the meaning of section 259(1) of the
Melbourne and Metropolitan Board of
15 Works Act 1958) immediately before the
commencement of section 162 of the 2006 Act,
is deemed to be a designated waterway of
Melbourne Water Corporation for the purposes
of Part 10.
20 9. Statutory easements
Any right in the nature of an easement or
purporting to be an easement or deemed to be
an easement vested in the pre-dating
Corporation immediately before the
25 commencement of section 162 of the 2006 Act
is deemed to be a right of Melbourne Water
Corporation to which section 130(3) applies.
10. Continuation of operation of by-laws
Despite the commencement of section 162 of
30 the 2006 Act, each by-law made by the
pre-dating Corporation described in the Table
to this clause is deemed to continue in force
until its revocation under section 5 of the
Subordinate Legislation Act 1994, as if the
35 by-law were made under this Act by Melbourne
Water Corporation, and the by-law may be
amended or revoked accordingly.
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Act No.
Part 2--Amendments to the Water Act 1989
s. 148
Table
Statutory Rule Description of by-law
Number
S.R. No. 173/1997 By-Law No. 1 Water Supply
Protection (as in force immediately
before the commencement of
section 162 of the 2006 Act)
S.R. No. 94/2002 By-Law No. 294 Waterways
(Revocation) (as in force
immediately before the
commencement of section 162 of
the 2006 Act)
S.R. No. 113/1998 By-Law No. 2 Waterways and
Drainage Protection (as in force
immediately before the
commencement of section 162 of
the 2006 Act)
11. Transfer of sewerage or drainage reserves in
certain subdivisions to Corporation
(1) Where any map or plan has been lodged or
5 deposited with the Registrar of Titles pursuant
to section 97 of the Transfer of Land Act
1958 or a corresponding previous enactment
which has been sealed before the
commencement of section 44 of the
10 Subdivision Act 1988 and any allotment on the
map or plan has been transferred, the Governor
in Council may on the request of Melbourne
Water Corporation, by Order published in the
Government Gazette, direct that the whole or
15 any part of the land comprised in any reserve
shown on the map or plan as a reserve for the
purposes of sewerage or drainage or sewerage
and drainage, (being land which is under the
jurisdiction of the Corporation) is vested in the
20 Corporation.
(2) Sub-clause (1) does not apply to any land which
has been transferred to or vested in the council
of a municipality or in respect of which a
request has been made by a council that the
25 owner of the land execute an agreement under
seal to transfer that reserve or any part of that
reserve to it.
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Part 2--Amendments to the Water Act 1989
s. 148
(3) On publication of an Order under sub-
section (1), that land vests in Melbourne Water
Corporation freed and discharged from any
mortgage, charge, lease or sub-lease.
5 12. Building lines
Any building line (within the meaning of
section 268 of the Melbourne and
Metropolitan Board of Works Act 1958, as in
force immediately before its repeal) as
10 determined under that section (as so in force),
being a building line in force, immediately
before that repeal, in any part of the area
delineated in red on the plan lodged in the
central plan office and numbered
15 LEGL./05-406, is deemed to be a building line
determined by Melbourne Water Corporation
under Division 4 of Part 10.
13. Serviced properties
Any land that was, immediately before the
20 commencement of section 163 of the 2006 Act,
rateable property (within the meaning of the
Melbourne and Metropolitan Board of
Works Act 1958 as in force before its repeal)
for the purposes of the pre-dating corporation,
25 is deemed to be serviced property, within the
meaning of this Act, for the purposes of
Melbourne Water Corporation.
14. Saving of certain entitlements to water
Despite the repeal of the Melbourne and
30 Metropolitan Board of Works Act 1958, any
entitlement of the pre-dating corporation to take
water under that Act, being an entitlement that
was in force immediately before that repeal, is
deemed to continue in force, as if the
35 entitlement is an entitlement of Melbourne
Water Corporation and the Melbourne and
Metropolitan Board of Works Act 1958 (as in
force immediately before its repeal) is deemed
to continue to apply to any such entitlement.
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Act No.
Part 2--Amendments to the Water Act 1989
s. 148
PART 4--MISCELLANEOUS TRANSITIONAL
PROVISIONS
15. References to storage operators
A reference in any bulk entitlement in force
5 immediately before the commencement of
section 54 of the 2006 Act to a storage operator,
in relation to a water storage, is deemed to be
on and after that commencement, a reference to
the storage manager appointed under Part 6C
10 for that water storage.
16. Saving of certain regulations
(1) Despite the commencement of section 54 of the
2006 Act, the Water (Lake Eildon) (Houseboat)
Regulations 2003 are deemed to continue in
15 force until their revocation under section 5 of
the Subordinate Legislation Act 1994, as if
the regulations were made under section 122ZF
of this Act (as in force on or after that
commencement) and may be amended or
20 revoked accordingly.
(2) Despite the commencement of section 54 of the
2006 Act, the Water (Long Service Leave)
Regulations 2001 are deemed to continue in
force until their revocation under section 5 of
25 the Subordinate Legislation Act 1994, as if
the regulations were made under section 119(4)
of this Act (as in force on or after that
commencement) and may be amended or
revoked accordingly.'.
__________________
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Water (Governance) Act 2006
Act No.
Part 3--Amendments to the Catchment and Land Protection Act 1994
s. 149
See:
PART 3--AMENDMENTS TO THE CATCHMENT AND LAND
Act No.
PROTECTION ACT 1994 52/1994.
Reprint No. 3
as at
149. Definitions 5 August 2004
and
Insert the following definitions in section 3 of the amending
Catchment and Land Protection Act 1994--
5 Act Nos
81/2004,
' "domestic partner" of a person in sections 18H 108/2004 and
7/2005.
and 18L means an adult person to whom the LawToday:
person is not married but with whom the www.dms.
dpc.vic.
person is in a relationship as a couple where gov.au
one or each of them provides personal or
10
financial commitment and support of a
domestic nature for the material benefit of
the other, irrespective of their genders and
whether or not they are living under the same
roof, but does not include a person who
15
provides domestic support and personal care
to the person--
(a) for fee or reward; or
(b) on behalf of another person or an
organisation (including a government
20
or government agency, a body
corporate or a charitable or benevolent
organisation);
"nominated officer" means each senior officer of
an Authority who is nominated by the board
25
of an Authority;
"relative" has the same meaning as in the Water
Act 1989;
"return period", in relation to the ordinary return
of a member of the Authority or a nominated
30
officer in section 18L, means--
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Part 3--Amendments to the Catchment and Land Protection Act 1994
s. 150
(a) if the last return of the member or
nominated officer was a primary return,
the period between the date of the
primary return and the next 30 June; or
(b) if the last return of the member or
5
nominated officer was an ordinary
return, the period between the date of
the ordinary return and the next
30 June;
"subordinate instrument" has the same meaning
10
as in the Interpretation of Legislation Act
1984;'.
150. Amendment of headings
(1) For the heading to Division 2 of Part 2 of the
Catchment and Land Protection Act 1994
15
substitute--
"Division 2--Catchment and Land Protection
Regions".
(2) Insert the following heading to section 10 of the
Catchment and Land Protection Act 1994--
20
"Areas and boundaries of catchment and land
protection regions".
151. Substitution of sections 11 to 14
For sections 11, 12, 13 and 14 of the Catchment
and Land Protection Act 1994 substitute--
25
'Division 3--Catchment Management
Authorities
11. Establishment of Authorities
(1) The Minister must, by instrument establish a
Catchment Management Authority for each
30
catchment and land protection region.
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(2) Each Catchment Management Authority
established under sub-section (1)--
(a) is a body corporate with perpetual
succession; and
(b) has an official seal; and
5
(c) may sue and be sued; and
(d) may acquire, hold and dispose of real
and personal property; and
(e) may do and suffer all acts and things
that a body corporate may by law do
10
and suffer.
(3) All courts must take judicial notice of the
seal of a Catchment Management Authority
affixed to a document and, until the contrary
is proved, must presume that it was duly
15
affixed.
(4) The official seal of each Catchment
Management Authority must be kept in the
custody that is directed by the Authority and
must not be used, except as authorised by the
20
Authority.
12. Functions powers and duties of
Authorities
(1) Each Authority has the following functions
in respect of the region for which it has been
25
appointed--
(a) to prepare a regional catchment strategy
for the region and to co-ordinate and
monitor its implementation;
(b) to prepare special area plans for areas
30
in the region and to co-ordinate and
monitor their implementation;
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(c) to promote the co-operation of persons
and bodies involved in the management
of land and water resources in the
region in preparing and implementing
the strategy and special area plans;
5
(d) to advise the Minister, and, if requested
by any other Minister, that other
Minister--
(i) on regional priorities for activities
by and resource allocation to
10
bodies involved in the
management of land and water
resources in the region; and
(ii) on guidelines for integrated
management of land and water
15
resources in the region; and
(iii) on matters relating to catchment
management and land protection;
and
(iv) on the condition of land and water
20
resources in the region;
(e) to promote community awareness and
understanding of the importance of land
and water resources, their sustainable
use, conservation and rehabilitation;
25
(f) to make recommendations to the
Minister about the funding of the
implementation of the regional
catchment strategy and any special area
plan;
30
(g) to make recommendations to the
Minister and the Secretary about
actions to be taken on Crown land
managed by the Secretary to prevent
land degradation;
35
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(h) to advise the Minister and provide
information to the Minister on any
matter referred to it by the Minister;
(i) to carry out any other functions
conferred on the Authority by or under
5
this Act or any other Act.
(2) Each Authority has power to do all things
that are necessary or convenient to be done
for or in connection with, or as incidental to,
the performance of its functions, including
10
any function delegated to it.
(3) Sub-section (2) is not to be taken to be
limited by any other provision of this Act
that confers a power on the Authority.
(4) Each Authority has the duties conferred on it
15
by or under this or any other Act.
13. Appointment of administrator
(1) The Minister may, by determination, appoint
an administrator to carry out the functions of
the Authority, if an Authority fails or refuses
20
to comply with a direction of the Minister
under--
(a) section 19A; or
(b) section 307 of the Water Act 1989.
(2) A determination of the Minister under sub-
25
section (1)--
(a) must specify the term for the which the
Administrator is appointed, which must
not be more than 12 months;
(b) must set out reasons for the actions
30
proposed in it; and
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(c) must be published in the Government
Gazette; and
(d) must be laid by the Minister before
both Houses of Parliament within
5 sitting days of each House after the
5
Order is made.
(3) During the period for which an administrator
is appointed under this section, the
administrator acts in substitution for the
board in performing the functions and duties
10
of the Authority.
(4) Any defect in relation to the appointment of
the administrator does not invalidate that
appointment or anything done by the
administrator.
15
(5) On the expiry of a determination under this
section the Minister must determine whether
or not to--
(a) reinstate to his or her office each
member of the board of the Authority
20
whose term has not expired; or
(b) dismiss each member of the board of
the Authority.
(6) The administrator goes out of office--
(a) if members are reinstated under sub-
25
section (5)(a), at the time of that
reinstatement; or
(b) if all the members are dismissed under
sub-section (5)(b), on the appointment
of new members--
30
as the case requires.
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(7) If the term of appointment of the
administrator expires and a determination
under sub-section (5) has not been made,
members of the board of the Authority
whose term has not expired, are re-instated.
5
14. Application of Public Administration
Act 2004
The Public Administration Act 2004
applies to each Authority as if that Authority
were a public entity but not a small entity
10
within the meaning of that Act, established
on or after the commencement of Part 5 of
that Act.
Division 4--Boards
15. Board
15
(1) Each Catchment Management Authority
must have a board consisting of--
(a) a chairperson; and
(b) not less than 5 and not more than
8 other members--
20
appointed by the Minister, after consultation
with the Minister administering the Water
Act 1989 and the Minister administering the
Agricultural Industry Development Act
1990.
25
(2) The board of each Authority must consist of
persons with experience and knowledge of
one or more of the following--
(a) land management;
(b) water resources management and the
30
water industry;
(c) waterway management;
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(d) environment or natural resources
management;
(e) primary industry;
(f) strategic or business planning;
(g) financial management.
5
(3) More than one half of the members of the
board of each Catchment Management
Authority (other than the Port Phillip and
Westernport Catchment Management
Authority) must be persons whose principal
10
occupation is primary production.
16. Function of boards
(1) The board of an Authority--
(a) is responsible for--
(i) the strategic planning of the
15
Authority; and
(ii) deciding the policies of the
Authority; and
(iii) the management of the affairs of
the Authority, including ensuring
20
the performance of the functions
and the carrying out of the duties
of the Authority; and
(b) may exercise the powers of the
Authority.
25
(2) Each board of an Authority, in performing its
functions, exercising its powers and carrying
out its duties must act in a proper and
efficient manner.
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17. Terms and conditions of appointment of
members of boards
A member of the board of an Authority holds
office, subject to this Act--
(a) for the term, not exceeding 4 years, that
5
is specified in the instrument of his or
her appointment and is eligible for
re-appointment; and
(b) subject to this section, on the other
terms and conditions that are
10
determined by the Minister.
18. Appointment of chairperson
(1) The chairperson of the board of an Authority
must be appointed by the Minister.
(2) The Minister may appoint as a chairperson
15
any person who was a member of the board
immediately before being appointed as
chairperson.
(3) If a vacancy arises in the office of the
chairperson, the Minister must appoint a
20
person in accordance with this section to fill
the vacancy.
(4) The chairperson holds office for the term
specified by the Minister.
(5) The chairperson may resign by notice in
25
writing to the Minister.
18A. Deputy chairperson
(1) The board of an Authority must appoint one
of the members of the board to be the deputy
chairperson of the board.
30
(2) The deputy chairperson, if present, must
preside at meetings of the board at which the
chairperson is not present.
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18B. Acting appointments
(1) The deputy chairperson must act as
chairperson if--
(a) the office of chairperson is vacant; or
(b) the chairperson is unable, for any
5
reason, to perform the duties of office,
and it is not possible for the members to
participate in a meeting in accordance
with section 18N(7).
(2) While the deputy chairperson is acting as
10
chairperson, the deputy chairperson has and
may exercise all the powers, and must
perform all the duties, of the chairperson.
(3) The Minister may appoint a person who has
the experience and knowledge as required
15
under section 15 to be a member of the board
of an Authority during any period, or during
all periods, when--
(a) the deputy chairperson is acting as
chairperson; or
20
(b) a member of the board is unable for any
reason to attend meetings of the board.
18C. When a member ceases to hold office
(1) The office of member of the board of an
Authority becomes vacant if the member--
25
(a) resigns in accordance with sub-
section (2); or
(b) becomes an insolvent under
administration (within the meaning of
the Corporations Act); or
30
(c) fails to attend 3 consecutive meetings
of the board without the approval of the
board.
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(2) A person may resign from the office of
member of the board of an Authority by
notice in writing to the Minister.
18D. Removal from office of member
(1) The Minister may at any time remove a
5
member of the board of an Authority from
the office of member.
(2) The Minister must remove a person from the
office of member of the board of an
Authority if the member--
10
(a) is convicted of an offence relating to
his or her duties as a member of the
board of an Authority; or
(b) fails without reasonable cause to
disclose any interest under section 18G.
15
18E. Validity of decisions
(1) An act or decision of the board of an
Authority is not invalid merely because of--
(a) a vacancy in the membership of the
board; or
20
(b) a defect or irregularity in, or in
connection with, the appointment of a
member of the board.
(2) Anything done by or in relation to a person
purporting to act as a member of the board of
25
an Authority, whether as chairperson, deputy
chairperson or another member, is not
invalid merely because--
(a) the occasion for the appointment had
not arisen; or
30
(b) there was a defect or irregularity in
relation to the appointment; or
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(c) the appointment had ceased to have
effect; or
(d) the occasion for the person to act had
not arisen or had ceased.
18F. Improper use of information
5
A member or a person who has been a
member of the board of an Authority must
not make improper use of information
acquired by virtue of that person's position as
a member--
10
(a) to gain directly or indirectly any
pecuniary advantage for himself or
herself or for any other person; or
(b) with intent to cause detriment to the
Authority, whether or not detriment
15
was caused.
Penalty: 20 penalty units.
18G. Effect of pecuniary interests
(1) A member of the board of an Authority who
has a pecuniary interest in any matter in
20
which the Authority is concerned must--
(a) if the member is present at a meeting of
the board or any of its committees at
which the matter is to be considered,
disclose the nature of the interest
25
immediately before the consideration;
or
(b) if the member is aware that the matter
is to be considered at a meeting of the
board or any of its committees at which
30
the member does not intend to be
present, disclose the nature of the
interest to the chairperson, or if the
chairperson has the interest, the deputy
chairperson, before the meeting is held.
35
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(2) If a member of the board of an Authority has
disclosed an interest to the chairperson or the
deputy chairperson, as the case may be,
under sub-section (1)(b), the chairperson or
the deputy chairperson must disclose that
5
interest at the meeting at which the matter is
considered, before the consideration of the
matter.
(3) The member--
(a) may stay in the meeting during any
10
consideration of the matter; and
(b) may take part in the discussion; and
(c) must not move or second a motion on a
question relating to the matter; and
(d) must leave the meeting while any vote
15
is taken on a question relating to the
matter; and
(e) may, when notified that the vote has
been declared by the chairperson, or the
deputy chairperson if it is the
20
chairperson who has the interest, return
to the meeting.
(4) If a member discloses an interest under sub-
section (1), a statement showing--
(a) that the disclosure was made; and
25
(b) the nature of the matter and the nature
of the disclosed interest; and
(c) whether any vote was taken on a
question relating to the matter and, if
so, whether the member was present
30
while the vote was taken; and
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(d) whether the member left the meeting at
any time during consideration of the
matter and, if so, at what stage the
member left--
must--
5
(e) in the case of a disclosure made at or
before a meeting of the board, be
included in the minutes of the meeting;
and
(f) in the case of a disclosure made at or
10
before a meeting of a committee, be
recorded by the committee and
presented to, and included in the