WATER (IRRIGATION FARM DAMS) BILL 2001

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WATER (IRRIGATION FARM DAMS) BILL 2001

PARLIAMENT OF VICTORIA Water (Irrigation Farm Dams) Act 2001 Act No. TABLE OF PROVISIONS Clause Page 1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. New definitions inserted 2 5. Interstate agreements 3 6. Private rights to water 4 7. Allocation of water right on subdivision 5 8. New Division 1A inserted in Part 3 5 Division 1A--Permissible Annual Volumes 5 22A. Permissible annual volume for an area 5 9. Power of Minister re water resources assessment program 6 10. New Division 3 of Part 3 substituted 7 Division 3--Water Supply Protection Areas 7 27. Declaration of water supply protection area 7 28. Amendment or abolition of water supply protection area 10 29. Consultative committee 10 30. Guidelines for preparation of draft management plans 12 31. Preparation of draft management plan 12 32. Overlapping management plans to be taken into account 13 32A. Management plan 13 32B. Administration and enforcement of management plan 18 32C. Report on administration and enforcement of management plan 19 32D. Public availability of report 19 32E. Certain plans deemed to be approved management plans 20 32F. Compensation in certain circumstances 21 32G. Amendment or revocation of approved management plan 22 32H. Plan must be available for inspection 23 11. New Division 5 inserted in Part 3 24 i 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Clause Page Division 5--State Observation Bores 24 33A. Power to enter land 24 33B. Compensation 24 33C. Right to take water for domestic and stock use from a State observation bore 25 33D. Offence to interfere etc. with State observation bore 26 12. Application for bulk entitlement 26 13. Matters to be taken into account in application for bulk entitlement 26 14. Deferral of application 27 15. Determination of application for bulk entitlement 27 16. Transfer of bulk entitlement 27 17. Temporary transfer to person outside Victoria 28 18. Conversion of licences or water rights to bulk entitlement 28 19. Licence to take and use water for a use other than domestic and stock use 28 20. New section 51A inserted 31 51A. Surrender of registration licence 31 21. New sections 51B and 51C inserted 31 51B. Application to go to certain bodies 31 51C. Bodies must consider application 32 22. New section 52A inserted 33 52A. Criteria to determine maximum volume of water use for certain licence applications 33 23. Matters to be taken into account 33 24. Certain applications must be deferred 34 25. Licence to take and use water--determination of application 36 26. Period of licences 37 27. Sale of licence by Minister 38 28. Renewal of licence 38 29. Amendment of licence 38 30. Revocation of licence 39 31. Transfer of licence 39 32. New offence inserted 39 33. Water resource management plan 40 34. Advertisement of application 40 35. Licence to construct etc. private dam 41 36. New sections 67A and 67B inserted 41 67A. Application to go to certain bodies 41 67B. Bodies must consider application 42 37. Matters to be taken into account 43 38. Determination of application 43 39. Conditions of construction licence 44 40. Amendment of licence 45 41. New section 74A inserted 45 74A. Annual charge for surveillance etc. 45 ii 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Clause Page 42. Offences 46 43. Underground disposal 46 44. Ministerial directions 47 45. New section 80A inserted 47 80A. Design criteria etc. for re-use dams 47 46. Minister may carry out works 47 47. Review by VCAT 48 48. Particular powers of Authorities 48 49. Abandonment of major works 49 50. Notice of contravention 49 51. Wrongful taking etc. of water 49 52. Ministerial delegation 49 53. Ministerial exemption 49 54. Failure of licensed driller etc. to comply with conditions of construction licence 49 55. Offence by licensed driller 50 56. New section 331 inserted 50 331. Transitional provisions--Water (Irrigation Farm Dams) Act 2001 50 ENDNOTES 55 iii 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

PARLIAMENT OF VICTORIA Initiated in Assembly 26 September 2001 As amended by Assembly 8 November 2001 A BILL to amend the Water Act 1989 and for other purposes. Water (Irrigation Farm Dams) Act 2001 The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Water Act 1989-- (a) to require the use of water in private dams or 5 from springs or soaks for commercial and irrigation purposes to be licensed; (b) to provide for the declaration of water supply protection areas and the preparation and implementation of management plans for 10 those areas; 1 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 2 Act No. (c) to require certain dams to be licensed; (d) to require licensed drillers to comply with the conditions of bore construction licences; (e) to make other miscellaneous amendments. 5 2. Commencement (1) This Act (except sections 19(2), 19(4), 20, 25(1), 26, 27, 28 and 31) comes into operation on the day after the day on which it receives the Royal Assent. 10 (2) Sections 19(2), 19(4), 20, 25(1), 26, 27, 28 and 31 come into operation on 1 February 2002. 3. Principal Act See: In this Act, the Water Act 1989 is called the Act No. Principal Act. 80/1989. Reprint No. 5 as at 18 May 1999 and amending Act Nos 22/1999, 65/1999, 30/2000, 59/2000, 66/2000, 69/2000, 25/2001 and 44/2001. LawToday: www.dms. dpc.vic. gov.au 15 4. New definitions inserted In section 3(1) of the Principal Act-- (a) insert the following definitions-- ' "dam" means anything in which by means of an excavation, a bank, a barrier or 20 other works water is collected, stored or concentrated; 2 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 4 5 Act No. "Melbourne Water" means the Melbourne Water Corporation constituted under the Melbourne Water Corporation Act 1992; 5 "permissible annual volume", in relation to an area, means the volume specified by the Minister under section 22A; "registration licence" means a licence issued under section 51(1A); 10 "State observation bore" means a bore constructed at any time, whether before or after the commencement of section 4(a) of the Water (Irrigation Farm Dams) Act 2001, by or on behalf of the 15 department that is used or intended to be used to monitor the level, quantity or quality of groundwater; "water supply protection area" means an area declared to be a water supply 20 protection area by an Order made under section 27(1);'; (b) in the definition of "domestic and stock use", after paragraph (c) insert-- "(ca) in the case of the curtilage of a house 25 and any outbuilding, watering an area not exceeding 1.2 hectares for fire prevention purposes with water obtained from a spring or soak or water from a dam; or"; 30 (c) the definition of "groundwater supply protection area" is repealed; (d) in paragraph (a) of the definition of "works", after "dams," insert "bores,". 5. Interstate agreements 3 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 6 Act No. (1) In section 6 of the Principal Act, for sub-section (1) substitute-- "(1) Every power, discretion, function, authority and duty of the Minister, the Authority and 5 the Tribunal under this Act must be construed subject to-- (a) the Groundwater (Border Agreement) Act 1985 and the agreement approved by that Act; and 10 (b) the Murray-Darling Basin Act 1993 and the agreement approved by that Act.". (2) In section 6(2) of the Principal Act-- (a) for "power, duty or function" substitute 15 "power, discretion, function, authority or duty"; and (b) after "Minister" insert ", an Authority". (3) In section 6 of the Principal Act, after sub-section (2) insert-- 20 "(3) An agreement referred to in sub-section (1) prevails over a right to take or to use water conferred by or under this Act, other than section 7(1), 8(1) or 8(4)(c). (4) The Minister, an Authority or the Tribunal, 25 in exercising a power, discretion, function, authority or duty under this Act, must not act in a manner detrimental to or inconsistent with the operation of an agreement referred to in sub-section (1).". 30 6. Private rights to water (1) In section 8(1)(d) of the Principal Act, after "(d)" insert "subject to section 33C,". 4 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 Act No. (2) In section 8 of the Principal Act, after sub-section (5) insert-- "(5A) Sub-sections (4)(c) and (5) do not apply to the use, other than domestic and stock use, of 5 water from a spring or soak or water from a private dam (to the extent that it is not rainwater supplied to the dam from the roof of a building).". (3) In section 8(6)(d) of the Principal Act, for 10 "groundwater" substitute "water". 7. Allocation of water right on subdivision (1) In section 11(8)(b) of the Principal Act, after "40" insert "(1)". (2) In section 11 of the Principal Act, after sub- 15 section (8) insert-- "(9) In considering an application under sub- section (3), the Minister must give effect to an approved management plan for any relevant water supply protection area.". 20 8. New Division 1A inserted in Part 3 In Part 3 of the Principal Act, after Division 1 insert-- 'Division 1A--Permissible Annual Volumes 22A. Permissible annual volume for an area 25 (1) The Minister may from time to time, by Order published in the Government Gazette, declare, in respect of an area specified in the Order, that the total volume of water, whether surface water, groundwater or both, 30 which may be taken in the area, whether used in that area or elsewhere, under this or any other Act during a period of 12 months 5 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 9 Act No. commencing on 1 January must not exceed the volume specified in the Order. (2) If-- (a) an annual reserve volume of 5 groundwater has been specified for the area under section 49A of the Groundwater Act 1969; or (b) a prescription has been made under section 62(1) of the Groundwater Act 10 1969 of the maximum total amounts of water to be extracted per annum from all licensed bores within the area-- a volume specified in an Order under sub- section (1) of this section must not affect the 15 volume referred to in paragraph (a) and must not be less than the amounts referred to in paragraph (b). (3) The Minister may make an Order under sub- section (1) on the Minister's initiative or at 20 the request of an Authority. (4) In this section, "area" includes a sub- surface stratum of land or geological formation.'. 9. Power of Minister re water resources assessment 25 program (1) In section 23(2)(a) of the Principal Act, after "works" insert "or State observation bores". (2) In section 23 of the Principal Act, after sub- section (4) insert-- 30 "(5) A person must not, without the consent of the Minister, destroy, damage, remove, alter or in any way interfere with any works established under sub-section (1)(h). 6 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. Penalty: For a first offence, 20 penalty units or imprisonment for 3 months. For a subsequent offence, 5 40 penalty units or imprisonment for 6 months. (6) A person who is guilty of an offence under sub-section (5) that is of a continuing nature is liable, in addition to the penalty set out at 10 the foot of that sub-section, to a further penalty of not more than 5 penalty units for each day during which the offence continues-- (a) after service of a notice of 15 contravention on the person under section 151; or (b) if no notice of contravention is served, after conviction.". 10. New Division 3 of Part 3 substituted 20 In Part 3 of the Principal Act, for Division 3 substitute-- "Division 3--Water Supply Protection Areas 27. Declaration of water supply protection area (1) The Minister, on the Minister's initiative or 25 on an application from a person referred to in sub-section (3), may, by Order published in the Government Gazette, declare an area to be a water supply protection area. (2) An area may be declared under sub-section 30 (1) to be a water supply protection area for 7 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. the protection of the groundwater resources in the area or the surface water resources in the area or both. (3) An application for a declaration under sub- 5 section (1) may be made by-- (a) a person authorised to use groundwater or surface water under this Act; or (b) an Authority that-- (i) holds a bulk entitlement; or 10 (ii) uses groundwater; or (iii) supplies water; or (c) a body that has responsibilities under any Act relating to the conservation or management of water, or of land-- 15 in the area concerned or in an area where the water supply is affected by the taking and use of groundwater or surface water (as the case requires) in the area concerned. (4) The Minister may only make a declaration 20 under sub-section (1) if-- (a) the Minister has first caused notice of the proposed declaration to be-- (i) published in a newspaper circulating generally in the area 25 concerned; and (ii) given by post to the relevant persons listed in sub-section (5); and (b) the Minister has considered any 30 submissions made within 60 days after the publication or giving of notice of 8 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. the proposed declaration under sub- paragraph (i) or (ii) of paragraph (a), whichever is the later. (5) For the purposes of sub-section (4)(a)(ii) the 5 relevant persons are-- (a) the Minister administering the Conservation, Forests and Lands Act 1987; and (b) the Minister administering the 10 Planning and Environment Act 1987; and (c) any Authority exercising a function under Part 8 or 11 in the area concerned; and 15 (d) any Authority that holds a bulk entitlement to water from a source in the area concerned; and (e) any public statutory body which the Minister considers may be directly 20 affected by the declaration; and (f) any council in whose municipal district the area concerned is wholly or partly situated; and (g) the responsible authority under the 25 Planning and Environment Act 1987 in relation to a planning scheme for the whole or any part of the area concerned. (6) If an application under sub-section (1) is 30 made for a declaration, the publication or giving notice of the proposed declaration is to be at the expense of the applicant. (7) The Minister may require further information with respect to the proposed 9 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. declaration to be provided by the applicant for the declaration or any Authority with a function under this Act in the area concerned. 5 (8) The Minister must make a decision whether to declare an area to be a water supply protection area within 60 days after the period of 60 days referred to in sub-section (4)(b). 10 (9) If the Minister decides to declare an area to be a water supply protection area, the Minister must cause a notice to that effect to be published in a newspaper circulating generally in the area. 15 (10) If the Minister decides not to declare an area to be a water supply protection area, the Minister must cause a notice to that effect to be published in a newspaper circulating generally in the area. 20 (11) The Minister must cause a declaration under sub-section (1) to be laid before each House of Parliament within 5 sitting days of that House after it is made. 28. Amendment or abolition of water supply 25 protection area (1) The Minister may, by a subsequent Order published in the Government Gazette, amend the boundaries of, or abolish, a water supply protection area. 30 (2) Section 27 applies (with any necessary modifications) to an Order under sub-section (1) as if it were a declaration under section 27(1). 29. Consultative committee 10 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. (1) If the Minister makes a declaration under section 27(1), the Minister must appoint a consultative committee to prepare a draft management plan for the area that is the 5 subject of the declaration. (2) The following provisions apply with respect to the membership of a consultative committee appointed under this section-- (a) the Minister must make sure that, so far 10 as is possible-- (i) all relevant interests are fairly represented on the committee; (ii) the membership consists of persons who have knowledge or 15 experience in the matters to be covered in the management plan; (b) at least one half of the membership must consist of persons who are owners or occupiers of land in the area 20 concerned appointed after consultation by the Minister with bodies representative of those persons; (c) any public statutory body which the Minister considers to be directly 25 affected by the declaration must, after consultation by the Minister with it, be represented on the committee. (3) Unless the area that is the subject of the declaration is wholly within an urban area, 30 the persons referred to in sub-section (2)(b) must be farmers who own or occupy farming land in the area, appointed by the Minister after consultation with the Victorian Farmers Federation. 11 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. (4) Section 318(2) to (6) applies to a consultative committee appointed under this section. 30. Guidelines for preparation of draft 5 management plans (1) The Minister may prepare guidelines for the preparation of a draft management plan for an area that is the subject of a declaration under section 27(1). 10 (2) The Minister may from time to time amend or revoke any guidelines prepared under sub- section (1). (3) The Minister, as soon as practicable after preparing, amending or revoking guidelines 15 under this section must give the relevant consultative committee-- (a) a copy of the guidelines or the amendment; or (b) notice of the revocation of the 20 guidelines. 31. Preparation of draft management plan (1) A consultative committee appointed under section 29 must, within 18 months after its appointment-- 25 (a) prepare a draft management plan in accordance with any guidelines prepared by the Minister under section 30; and (b) make the draft management plan 30 available for comment by interested persons. 12 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. (2) If the consultative committee does not prepare a draft management plan within the period referred to in sub-section (1), the Minister may-- 5 (a) from time to time extend the time within which the draft management plan may be prepared and made available for comment by interested persons; or 10 (b) prepare the draft management plan. (3) If, under sub-section (2), the Minister prepares the draft management plan, the Minister must make that plan available for comment by interested persons. 15 32. Overlapping management plans to be taken into account In preparing a draft management plan for an area declared to be a water supply protection area, the consultative committee must take 20 into account any other draft or approved management plan that applies to the area or part of the area under this Division. 32A. Management plan (1) The object of a management plan is to make 25 sure that the water resources of the relevant water supply protection area are managed in an equitable manner and so as to ensure the long-term sustainability of those resources. (2) A management plan may relate to 30 groundwater resources, surface water resources or both in the relevant water supply protection area. (3) A management plan may prescribe for the relevant water supply protection area or any 35 part of that area-- 13 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. (a) requirements for metering, monitoring and accounting for groundwater or surface water or both; or (b) requirements to notify the Authority 5 that has the duty of administering and enforcing the plan of the taking of groundwater from any specified bore or group of bores under a right conferred by section 8(1); or 10 (c) requirements for the location, capacity and operation of private dams which are-- (i) not licensed under section 51; and (ii) not for domestic and stock use; or 15 (d) restrictions or prohibitions on the issue of licences under section 51 or 67; or (e) restrictions or prohibitions on the renewal of registration licences; or (f) restrictions to be imposed on the taking 20 of groundwater from any specified bore, group of bores or aquifer, if necessary to prevent-- (i) a specified maximum groundwater table decline being exceeded; or 25 (ii) a relevant permissible annual volume being exceeded; or (g) restrictions to be imposed on the taking of surface water at any location specified in the area, if necessary to 30 ensure that-- (i) specified flows at any particular time or for any particular circumstances are maintained; or 14 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. (ii) the permissible annual volume for the area is not exceeded; or (h) restrictions to be imposed on the supply of groundwater by an Authority that 5 takes groundwater from a source in the area or part; or (i) conditions relating to the protection of the environment, including the riverine and riparian environment; or 10 (j) conditions relating to payment for the amount of groundwater taken and used from any specified bore or group of bores under a right conferred by section 8(1); or 15 (k) conditions to which licences issued under section 51 are to be subject; or (l) without derogating from rights to water for domestic and stock use conferred by section 8, conditions to which licences 20 issued under section 67 are to be subject; or (m) conditions to which licences issued under section 51 to take and use groundwater or surface water, and 25 transferred under section 62, are to be subject, including a condition relating to the maximum volume of water which may be taken and used under the transferred licence; or 30 (n) the maximum volume of water that may be retained-- (i) in each private dam on a particular lot in a plan of subdivision in the area concerned; or 15 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. (ii) in all private dams on every lot in a plan of subdivision in the area concerned; or (o) any matter relevant to the object of the 5 management plan or its implementation. (4) A draft management plan may make a recommendation to the Minister as to the total volume of water that should be declared 10 to be the permissible annual volume for the area concerned. (5) A draft management plan must name the Authority which is to have the duty of administering and enforcing the plan if it is 15 approved. (6) The Minister may-- (a) approve a draft management plan; or (b) refuse to approve a draft management plan. 20 (7) The Minister must cause-- (a) notice of the approval or refusal (as the case requires) of a draft management plan to be published and given in accordance with section 27(4)(a); and 25 (b) if the draft management plan is refused, the reasons for the refusal to be published with that notice. (8) The Minister must cause an approved management plan to be laid before each 30 House of Parliament within 5 sitting days of that House after it is approved under sub- section (6). 16 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. (9) Sections 23, 24 and 25 of the Subordinate Legislation Act 1994 apply to an approved management plan as if the approved management plan were a statutory rule 5 within the meaning of that Act. (10) An approved management plan may be disallowed in whole or in part by resolution of either House of Parliament in accordance with the requirements of section 23 of the 10 Subordinate Legislation Act 1994. (11) An approved management plan is binding on every person (including every public statutory body) except to the extent that the Minister otherwise specifies by notice 15 published in the Government Gazette. (12) On the approval of a draft management plan that prescribes a requirement, restriction or condition to which a licence issued under section 51 or 67 is to be subject, every 20 licence issued under section 51 or 67, whether issued before or after the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2001, is deemed to be subject to that requirement, 25 restriction or condition, despite anything to the contrary specified in the licence or any condition that is prescribed or fixed or imposed by the Minister under section 56 or 71 (as the case requires) in relation to the 30 licence. (13) A person must not contravene an approved management plan. Penalty: 20 penalty units. 17 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. 32B. Administration and enforcement of management plan (1) The Authority that has the duty of administering and enforcing an approved 5 management plan may-- (a) direct that any specified works be carried out or any specified equipment be installed; or (b) order the removal of any specified 10 works (other than a private dam) or the discontinuance of any specified action-- if, in the opinion of the Authority, it is necessary to do so in order to secure 15 compliance with the plan. (2) A person whose interests are affected by a decision of an Authority under sub-section (1) to give a direction or make an order may apply to the Tribunal for review of the 20 decision. (3) An application for review must be made within 28 days after the later of-- (a) the day on which the decision is made; (b) if, under the Victorian Civil and 25 Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed 30 under section 46(5) of that Act that a statement of reasons will not be given. (4) A person must not contravene a direction given or order made by an Authority under sub-section (1). 18 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. Penalty: 20 penalty units. 32C. Report on administration and enforcement of management plan (1) The Authority that has the duty of 5 administering and enforcing an approved management plan must prepare a report in respect of its activities in carrying out its duties in relation to the plan-- (a) for the period commencing on the day 10 the management plan is approved and ending on 30 June next following; and (b) from then on, for each year ending on 30 June or for such other period of time requested by the Authority and 15 approved by the Minister. (2) The Authority must, on or before 30 September in each year, give a copy of the report to-- (a) the Minister; and 20 (b) every Catchment Management Authority whose catchment and land protection region is wholly or partly in the area. 32D. Public availability of report 25 An Authority that has prepared a report in accordance with section 32C must, as soon as practicable after giving a copy of the report to the Minister-- (a) make a copy of the report available for 30 inspection, during business hours, free of charge at the offices of the Authority; and 19 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. (b) publish a notice of that availability in a newspaper circulating generally in the area to which the approved management plan applies. 5 32E. Certain plans deemed to be approved management plans (1) Despite anything to the contrary in this Division but subject to this section, the Minister may approve a plan for the 10 management of surface water resources that has been prepared or partly prepared by or for the department for a particular area before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 15 2001. (2) Before approving a plan as a management plan under sub-section (1), the Minister may-- (a) review or revise the plan; or 20 (b) appoint an advisory committee to assist in developing or completing the plan. (3) An advisory committee is to consist of such persons as the Minister thinks fit. (4) The Minister must not approve the plan 25 unless the Minister is satisfied that the plan complies with section 32A(1) to (5). (5) On the approval by the Minister of a plan under sub-section (1)-- (a) the particular area to which the plan 30 relates is deemed to be a water supply protection area for the protection of surface water resources; and 20 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. (b) the plan is deemed to be an approved management plan for the surface water resources of the relevant water supply protection area and may be amended or 5 revoked in accordance with this Division. 32F. Compensation in certain circumstances (1) The owner and occupier of any works is entitled to be paid, by the person specified 10 by the consultative committee that prepared the plan, or specified by the Minister in a plan referred to in section 32E, compensation for any loss suffered or expenses sustained as a result of-- 15 (a) being directed under section 32B(1)(a) to carry out works or install equipment; or (b) being ordered under section 32B(1)(b) to remove works. 20 (2) If as a result of the enforcement of an approved management plan a benefit is conferred on one person and a detriment is suffered by another person, the second- mentioned person is entitled to be paid by 25 the first-mentioned person compensation for the detriment suffered. (3) The amount of compensation payable under sub-section (1) or (2) is as agreed by the parties or, in the absence of agreement, as 30 determined by the Authority that has the duty of administering and enforcing the plan, and that amount may be enforced as a debt in a court of competent jurisdiction. 21 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. (4) A person whose interests are affected by a decision-- (a) of an Authority under sub-section (3) as to the amount of compensation payable; 5 or (b) of a consultative committee or the Minister under sub-section (1)-- (i) that a specified person must pay compensation; or 10 (ii) that no compensation is payable-- may apply to the Tribunal for review of the decision. (5) An application for review must be made within 28 days after the later of-- 15 (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on 20 which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. 32G. Amendment or revocation of approved 25 management plan (1) The Minister may amend or revoke an approved management plan. (2) The Minister may only amend or revoke an approved management plan if-- 30 (a) the Minister has caused notice of the proposed amendment or revocation to be published and given in accordance with section 27(4)(a); and 22 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 10 Act No. (b) the Minister has considered any submissions made on the proposed amendment or revocation within 60 days after the publication or giving 5 of notice of it in accordance with section 27(4)(a)(i) or (ii), whichever is the later; and (c) in the case of a proposed amendment of the plan, the Minister has appointed a 10 consultative committee to advise on the that amendment. (3) Sections 29 and 31 apply in the case of a proposed amendment to an approved management plan with any necessary 15 modifications, and as if in those sections-- (a) a reference to a consultative committee appointed for the preparation of a draft management plan were a reference to a consultative committee appointed under 20 this section for the amendment of the plan; and (b) a reference to a draft management plan were a reference to the proposed amendment of the plan. 25 32H. Plan must be available for inspection The following must keep a copy of an approved management plan (as amended from time to time) available at their offices for any person to inspect during office hours 30 free of charge-- (a) any Authority exercising a function under this Act in the area concerned; 23 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 11 Act No. (b) any council in whose municipal district the area concerned is wholly or partly situated; (c) the responsible authority under the 5 Planning and Environment Act 1987 in relation to a planning scheme for the whole or any part of the area concerned.". 11. New Division 5 inserted in Part 3 10 In Part 3 of the Principal Act, after section 33 insert-- "Division 5--State Observation Bores 33A. Power to enter land (1) The Minister, or a person authorised in 15 writing by the Minister for the purpose, may enter, in accordance with sub-section (2), any land on which a State observation bore is located for the purpose of-- (a) carrying out observations (including 20 taking water samples); or (b) operating, maintaining, altering or decommissioning the bore. (2) The power of entry under sub-section (1) may be exercised-- 25 (a) in the case of Crown land, at any time; or (b) in the case of land other than Crown land, between 7 a.m. and 7 p.m. or, during an emergency, at any time. 30 33B. Compensation 24 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 11 Act No. (1) The Minister, or a person authorised in writing by the Minister for a purpose referred to in section 33A, must cause as little damage and inconvenience as possible 5 in the performance of his or her functions under this Division. (2) The Minister is liable to compensate any person who has-- (a) sustained any pecuniary loss; or 10 (b) incurred any expense-- as a direct, natural and reasonable consequence of the performance of a function under this Division by the Minister, or a person authorised in writing by the 15 Minister for a purpose referred to in section 33A. (3) The Minister is not liable to compensate a person for consequential loss. (4) Any claim for compensation must be made 20 and dealt with in accordance with the Land Acquisition and Compensation Act 1986 as if it were a claim under section 47(1) of that Act. 33C. Right to take water for domestic and stock 25 use from a State observation bore A person may only exercise the right conferred by section 8(1)(d) in relation to a State observation bore if the person first obtains the written permission of the 30 Minister. 25 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 12 Act No. 33D. Offence to interfere etc. with State observation bore (1) A person must not, without the consent of the Minister, destroy, damage, remove, alter 5 or in any way interfere with any State observation bore. Penalty: For a first offence, 20 penalty units or imprisonment for 3 months. 10 For a subsequent offence, 40 penalty units or imprisonment for 6 months. (2) A person who is guilty of an offence under sub-section (1) that is of a continuing nature 15 is liable, in addition to the penalty set out at the foot of that sub-section, to a further penalty of not more than 5 penalty units for each day during which the offence continues-- 20 (a) after service of a notice of contravention on the person under section 151; or (b) if no notice of contravention is served, after conviction.". 25 12. Application for bulk entitlement In section 36(2)(b)(iii) of the Principal Act, after "40" insert "(1) and in section 40(2)". 13. Matters to be taken into account in application for bulk entitlement 30 (1) In section 40 of the Principal Act-- (a) after paragraph (b) insert-- "(ba) the permissible annual volume, if any, for the area;"; 26 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 14 Act No. (b) in paragraph (d)-- (i) in sub-paragraph (iii), omit "or"; (ii) sub-paragraph (iv) is repealed; (c) omit paragraph (h). 5 (2) In section 40 of the Principal Act, at the end of the section insert-- "(2) In considering an application under section 36(1), the Minister or Governor in Council (as the case requires) must give effect to an 10 approved management plan for any relevant water supply protection area.". 14. Deferral of application In section 41 of the Principal Act-- (a) in paragraph (a), for "section 27(2)(b)(i)" 15 substitute "section 27(4)(a)(i)"; (b) in paragraph (d), for "section 27(7)" substitute "section 27(10)". 15. Determination of application for bulk entitlement In section 42(2) of the Principal Act, after 20 "considered" insert "and given effect to". 16. Transfer of bulk entitlement (1) In section 46(5) of the Principal Act-- (a) after "40" (where first occurring) insert "(1)"; 25 (b) for "40(d)" substitute "40(1)(d) or (g)". (2) In section 46 of the Principal Act, after sub- section (5) insert-- "(5A) In considering an application, the Minister must give effect to an approved management 30 plan for any relevant water supply protection area.". 27 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 17 Act No. 17. Temporary transfer to person outside Victoria In section 46B(5) of the Principal Act, for "40(d)" substitute "40(1)(d) or (g)". 18. Conversion of licences or water rights to bulk 5 entitlement (1) In section 47C(7) of the Principal Act, after "40" insert "(1)". (2) In section 47C of the Principal Act, after sub- section (7) insert-- 10 "(7A) In considering an application under this section, the Minister must give effect to an approved management plan for any relevant water supply protection area.". 19. Licence to take and use water for a use other than 15 domestic and stock use (1) In section 51(1) of the Principal Act, after paragraph (b) insert-- "(ba) water from a spring or soak or water from a dam (to the extent that it is not rainwater 20 supplied to the dam from the roof of a building or water supplied to the dam from a waterway or a bore), for a use other than domestic and stock use; or". (2) In section 51 of the Principal Act, after sub- 25 section (1) insert-- "(1A) During the period commencing on 1 February 2002 and ending on 31 January 2003, a person may apply, without payment of an application fee, to the Minister for the 30 issue of a registration licence to take and use-- (a) water from a spring or soak or water from a dam (to the extent that it is not rainwater supplied to the dam from the 28 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 19 Act No. roof of a building or water supplied to the dam from a waterway or a bore), for a use other than domestic and stock use; or 5 (b) water from a dam on a waterway other than a river, creek, stream or watercourse, for a use other than domestic and stock use. (1B) Sub-section (1A) only applies, in relation to 10 a spring or soak or dam, to a person who at any time during the period of 10 years immediately before the commencement of section 32 of the Water (Irrigation Farm Dams) Act 2001 was taking and using-- 15 (a) water from the spring or soak or water from the dam (other than water supplied to the dam from a waterway or a bore), for a use other than domestic and stock use; or 20 (b) water from the dam on a waterway other than a river, creek, stream or watercourse, for a use other than domestic and stock use for which a licence under sub-section (1)(a) is not 25 in force-- as the case may be.". (3) In section 51 of the Principal Act, before sub- section (2) insert-- "(1C) Nothing in this section requires a person to 30 hold a licence issued under this section to re- use water that-- (a) is stored in a dam that complies with design criteria specified by the Minister under section 80A; and 29 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 19 Act No. (b) does not exceed the volume determined in accordance with the formula specified by the Minister under section 80A; and 5 (c) is supplied to the person under a licence issued under this section, under section 124(7) or in accordance with section 222.". (4) In section 51(2) of the Principal Act-- 10 (a) after "application" (where first occurring) insert "under this section"; (b) after paragraph (b) insert-- "(ba) in the case of an application under sub- section (1)(ba) or (1A) in relation to a 15 spring or soak or dam by a person who at any time during the period of 10 years immediately before the commencement of section 32 of the Water (Irrigation Farm Dams) Act 20 2001 was taking and using-- (i) water from the spring or soak or water from the dam (other than water supplied to the dam from a waterway or a bore), for a use 25 other than domestic and stock use; or (ii) water from a dam on a waterway other than a river, creek, stream or watercourse, for a use other than 30 domestic and stock use-- as the case may be, set out the maximum volume of water to be used by the applicant in each year during the period of the licence, determined in 30 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 20 Act No. accordance with the criteria specified by Order under section 52A; and"; (c) for paragraph (c) substitute-- "(c) be accompanied by the application fee, 5 if any, fixed by the Minister for that type of application.". 20. New section 51A inserted After section 51 of the Principal Act insert-- "51A. Surrender of registration licence 10 (1) The holder of a registration licence may, during the term of the licence, surrender the licence to the Minister and apply, without payment of an application fee, for the issue of a licence under section 51(1)(a) or (ba). 15 (2) Sections 51B and 51C do not apply to an application made under sub-section (1). (3) On an application made under sub-section (1), the Minister must issue, within 14 days after the application is made, a licence under 20 section 51(1)(a) or (ba), as the case may be, for the same maximum volume of water to be used in each year during the period of the licence as that which applied to the registration licence formerly held by the 25 applicant. (4) A registration licence surrendered under sub- section (1) is deemed to continue in operation until the issue of a licence under section 51(1)(a) or (ba) in accordance with 30 sub-section (3).". 21. New sections 51B and 51C inserted Before section 52 of the Principal Act insert-- "51B. Application to go to certain bodies 31 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 21 Act No. The Minister must, without delay, give a copy of an application under section 51 in respect of a dam, whether or not on a waterway, to-- 5 (a) the Department Head; and (b) the relevant Catchment Management Authority; and (c) Melbourne Water, if the dam is or will be located in an area over which 10 Melbourne Water has power under Part 10 of the Melbourne and Metropolitan Board of Works Act 1958; and (d) any Authority holding a bulk 15 entitlement that may be affected by the approval of the application. 51C. Bodies must consider application (1) Within 30 days after receipt of an application referred to a body under section 51B, the 20 body-- (a) must consider the application; and (b) may advise the Minister in writing that-- (i) it does not object to the issue of a 25 licence; or (ii) it does not object if the licence is issued subject to the conditions specified by the body; or (iii) it objects to the issue of the 30 licence on any specified ground; and (c) may give to the Minister its comments on the application. 32 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 22 Act No. (2) If a body makes no response to the Minister within 30 days after receipt of an application referred to it under section 51B, the Minister may proceed to determine the application.". 5 22. New section 52A inserted After section 52 of the Principal Act insert-- "52A. Criteria to determine maximum volume of water use for certain licence applications The Minister may, by Order published in the 10 Government Gazette, specify the criteria for determining the maximum volume of water to be used each year during the period of-- (a) a registration licence; or (b) a licence issued under section 15 51(1)(ba), in respect of a spring or soak or dam, to a person who at any time during the period of 10 years immediately before the commencement of section 32 of the Water (Irrigation 20 Farm Dams) Act 2001 was taking and using water from the spring or soak or water from the dam (other than water supplied to the dam from a waterway or a bore), for a use other than domestic 25 and stock use. 23. Matters to be taken into account (1) In section 53 of the Principal Act-- (a) after paragraph (a) insert-- "(ab) any advice and comments received 30 within the period of 30 days referred to in section 51C(1);"; (b) in paragraph (b), after "40" insert "(1)"; 33 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 24 Act No. (c) omit paragraphs (c), (d) and (da). (2) In section 53 of the Principal Act, at the end of the section insert-- "(2) In considering an application under section 5 51 or 52, the Minister must give effect to-- (a) any relevant Order under section 52A; and (b) any relevant Order made by the Governor in Council under section 49A 10 of the Groundwater Act 1969 specifying an annual reserve volume of groundwater; and (c) any relevant prescription made under section 62(1) of the Groundwater Act 15 1969 in respect of a groundwater conservation area declared under section 61 of that Act; and (d) any water resource management plan for the area approved under section 20 64A; and (e) an approved management plan for any relevant water supply protection area.". 24. Certain applications must be deferred (1) In section 54 of the Principal Act-- 25 (a) in paragraph (a), for "section 27(2)(b)(i)" substitute "section 27(4)(a)(i)"; (b) for paragraph (b) substitute-- "(b) a relevant application is subsequently made under-- 30 (i) section 51 or 52 in respect of an area that is the subject of the proposed declaration; or 34 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 24 Act No. (ii) section 62 for approval of the permanent transfer of a licence issued under section 51 or 52 into or within that area--"; 5 (c) in paragraph (d), for "27(8)" substitute "27(10)". (2) In section 54 of the Principal Act, at the end of the section insert-- '(2) If-- 10 (a) an Order is made under section 27(1); and (b) no management plan for the area has been approved under section 32A(6)-- the Minister must defer consideration of a 15 relevant application-- (c) under section 51 or 52 in respect of the area; or (d) under section 62 for approval of the permanent transfer of a licence issued 20 under section 51 or 52 into or within the area-- until notice of the approval or refusal of a draft management plan has been published under section 32A(7). 25 (3) This section does not apply to-- (a) an application for a registration licence; or (b) an application for a licence under section 51(1)(a) or (ba) on the 30 surrender of a registration licence; or 35 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 25 Act No. (c) an application under section 62 for approval of the transfer of a licence issued under section 51 if the application arises as a result of the 5 transfer or conveyance of land on which the water is taken or used under the licence. (4) For the purposes of this section, a relevant application in relation to an area proposed to 10 be declared or declared as a water supply protection area-- (a) for the protection of the groundwater resources, is an application relating to groundwater; and 15 (b) for the protection of the surface water resources, is an application relating to surface water; and (c) for the protection of both groundwater resources and surface water resources, 20 is an application relating to either groundwater or surface water-- made on or after the commencement of section 24 of the Water (Irrigation Farm Dams) Act 2001.'. 25 25. Licence to take and use water--determination of application (1) In section 55(1) and (2) of the Principal Act, for "The Minister" substitute "Subject to section 51A, the Minister". 30 (2) In section 55(2) of the Principal Act, for "groundwater" substitute "water". 36 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 26 Act No. (3) In section 55 of the Principal Act, after sub-section (2) insert-- "(2A) If an application under section 51 relates to a State observation bore, the Minister must 5 refuse the application if, in the Minister's opinion, the exercise of rights under the proposed licence will or may interfere with the function of the bore as a State observation bore.". 10 (4) In section 55 of the Principal Act, after sub-section (2A) insert-- "(2B) Subject to section 51A, the Minister must refuse an application under section 51 if, in the Minister's opinion, the allocation or use 15 of water under the licence will or may result in the permissible annual volume for the area for that year or a future year being exceeded.". 26. Period of licences 20 (1) In section 56(1)(a) of the Principal Act, after sub- paragraph (xii) insert-- "(xiii) notification of change of ownership of land on which water is taken under a licence issued under section 51(1A); and". 25 (2) In section 56(3) of the Principal Act, for "section 51" substitute "section 51(1)". (3) In section 56 of the Principal Act, after sub- section (3) insert-- "(3A) Unless sooner revoked, cancelled or 30 surrendered, a licence issued under section 51(1A) remains in force for a period of 5 years but may be renewed under section 58 unless an approved management plan for a relevant water supply protection area states 35 otherwise.". 37 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 27 29 Act No. (4) In section 56(4) of the Principal Act, for "section 51" substitute "section 51(1)". 27. Sale of licence by Minister In section 57 of the Principal Act-- 5 (a) in sub-section (1), after "51" insert "(1)"; (b) in sub-section (3), after "51" insert "(1)". 28. Renewal of licence (1) In section 58(2) of the Principal Act, for paragraph (c) substitute-- 10 "(c) be accompanied by-- (i) in the case of a registration licence, the prescribed fee, if any; (ii) in the case of any other licence, the application fee, if any, fixed by the 15 Minister for that kind of licence.". (2) In section 58(5) and (6) of the Principal Act, after "licence" insert "issued under section 51(1) or 52". (3) In section 58 of the Principal Act, after sub- 20 section (5) insert-- "(5A) Subject to any restriction or prohibition imposed by an approved management plan for any relevant water supply protection area, a licence issued under section 51(1A) 25 may from time to time be renewed for a period of 5 years.". 29. Amendment of licence 38 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 Act No. In section 59(1) of the Principal Act, for "groundwater" (wherever occurring) substitute "water". 30. Revocation of licence 5 In section 60(1)(b) of the Principal Act-- (a) omit "to a bore or"; (b) for "the bore is, or the works are," substitute "the works are". 31. Transfer of licence 10 (1) In section 62(1) of the Principal Act, after "section 51 or 52" insert "(other than a registration licence)". (2) In section 62 of the Principal Act, after sub- section (2) insert-- 15 "(2AA) On the transfer or conveyance of land on which water is taken under a registration licence, the registration licence is deemed to be transferred to the successor in title of that land.". 20 32. New offence inserted (1) In section 63 of the Principal Act, after sub- section (1) insert-- "(1A) A person must not take or use-- (a) water from a spring or soak; or 25 (b) water from a dam (to the extent that it is not rainwater supplied to the dam from the roof of a building or water supplied to the dam from a waterway or a bore)-- 30 for a use other than domestic and stock use, unless authorised to do so by or under this Act or any other Act. 39 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 33 34 Act No. Penalty: For a first offence, 20 penalty units or imprisonment for 3 months. For a subsequent offence, 5 40 penalty units or imprisonment for 6 months.". (2) In section 63 of the Principal Act-- (a) in sub-section (2), after "sub-section (1)" insert "or (1A)"; 10 (b) in sub-section (3), for "sub-section (1)" substitute "sub-sections (1) and (1A)". (3) In section 63 of the Principal Act, after sub- section (3) insert-- "(4) If, at any time during the period of 10 years 15 immediately before the commencement of section 32 of the Water (Irrigation Farm Dams) Act 2001, a person was taking and using water from a spring or soak or water from a dam not on a waterway, sub-section 20 (1A) does not apply to that person in respect of that spring or soak or dam until 1 February 2003.". 33. Water resource management plan (1) In section 64A(2) of the Principal Act, for 25 "section 27(2)(b)(i) and (ii)" substitute "section 27(4)(a)(i) and (ii)". (2) In section 64A(4) of the Principal Act, after "40" insert "(1) and giving effect to an approved management plan for any relevant water supply 30 protection area". 34. Advertisement of application In section 65(1)(a) of the Principal Act-- 40 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 36 Act No. (a) for "67(1)" substitute "67"; (b) for "abandon works or a bore" substitute "decommission works, a bore or a private dam". 5 35. Licence to construct etc. private dam (1) In section 67(1) of the Principal Act, for "abandon" substitute "decommission". (2) In section 67 of the Principal Act, after sub-section (1) insert-- 10 "(1A) A person may apply to the Minister for the issue of a licence to construct, alter, operate, remove or decommission a private dam, other than on a waterway, that-- (a) has a wall that is 5 metres or more high 15 above ground level at the downstream end of the dam and a capacity of 50 megalitres or more; or (b) has a wall that is 10 metres or more high above ground level at the 20 downstream end of the dam and a capacity of 20 megalitres or more; or (c) has a wall that is 15 metres or more high above ground level at the downstream end of the dam, regardless 25 of the capacity; or (d) is a dam belonging to a prescribed class of dams.". (3) In section 67(2)(c)(ii) of the Principal Act, for "or bore are or is, or are or is proposed" substitute 30 "are, or are proposed". 36. New sections 67A and 67B inserted After section 67 of the Principal Act insert-- "67A. Application to go to certain bodies 41 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 Act No. The Minister must, without delay, give a copy of an application under section 67 in respect of a dam, whether or not on a waterway, to-- 5 (a) the Department Head; and (b) the relevant Catchment Management Authority; and (c) the relevant Council; and (d) Melbourne Water, if the dam is or will 10 be located in an area over which Melbourne Water has power under Part 10 of the Melbourne and Metropolitan Board of Works Act 1958; and 15 (e) any Authority holding a bulk entitlement that may be affected by the approval of the application. 67B. Bodies must consider application (1) Within 30 days after receipt of an application 20 referred to a body under section 67A, the body-- (a) must consider the application; and (b) may advise the Minister in writing that-- 25 (i) it does not object to the issue of a licence; or (ii) it does not object if the licence is issued subject to the conditions specified by the body; or 30 (iii) it objects to the issue of the licence on any specified ground; and 42 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 37 38 Act No. (c) may give to the Minister its comments on the application. (2) If a body makes no response to the Minister within 30 days after receipt of an application 5 referred to it under section 67A, the Minister may proceed to determine the application.". 37. Matters to be taken into account In section 68 of the Principal Act-- (a) for "67(1)" substitute "67"; 10 (b) after paragraph (a) insert-- "(ab) have regard to any advice and comments received within the period of 30 days referred to in section 67B(1); and"; 15 (c) after paragraph (b) insert-- "(ba) have regard to the matters mentioned in paragraphs (b) to (n) of section 40(1); and (bb) give effect to an approved management 20 plan for any relevant water supply protection area; and"; (d) for paragraph (c) substitute-- "(c) consider the likely effects of the escape of water from the works; and"; 25 (e) in paragraph (d) for "Act." (where last occurring) substitute "Act; and"; (f) after paragraph (d) insert-- "(e) have regard to any other matter that the Minister thinks fit.". 30 38. Determination of application (1) In section 69(1) of the Principal Act, for "67(1)" substitute "67". 43 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 Act No. (2) In section 69(4) of the Principal Act, for "abandoned" substitute "decommissioned". 39. Conditions of construction licence In section 71(1) of the Principal Act-- 5 (a) after paragraph (a) insert-- "(ab) a condition requiring payment of any annual charge fixed by the Minister in accordance with section 74A; and"; (b) after paragraph (b)(ix) insert-- 10 "(ixa) without limiting sub-paragraph (ix), in the case of any dam, whether or not on a waterway-- (A) surveillance of the dam, including surveillance by the Minister or a 15 person holding one or more qualifications approved by the Minister and engaged by the licensee; or (B) the procedures for management of 20 dam safety; or (C) the procuring of water, by transfer or otherwise, for every year that the dam is in operation; or"; (c) at the end of paragraph (b)(x)(C), for 25 "driller." substitute "driller; and"; (d) after paragraph (b) insert-- "(c) without derogating from rights to water for domestic and stock use conferred by section 8, any other conditions that the 44 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 40 Act No. Minister thinks fit and specifies in the licence.". 40. Amendment of licence (1) In section 73(1) of the Principal Act, for 5 "groundwater" substitute "water". (2) In section 73 of the Principal Act, after sub- section (1) insert-- "(1A) Within 12 months after the commencement of section 40 of the Water (Irrigation Farm 10 Dams) Act 2001, the Minister may amend a licence in respect of a private dam issued under section 67 before that commencement to impose conditions referred to in section 71(1)(b)(ixa) if-- 15 (a) the dam has the dimensions referred to in paragraph (a), (b) or (c) of section 67(1A); or (b) the dam belongs to a class of dams prescribed under section 67(1A)(d). 20 (1B) The Minister may amend a licence in respect of a private dam issued under section 67 to include conditions relating to the management of dam safety.". 41. New section 74A inserted 25 After section 74 of the Principal Act insert-- "74A. Annual charge for surveillance etc. The Minister may fix an annual charge in respect of-- (a) a licence to operate a dam referred to in 30 section 67(1A); or (b) a licence amended under section 73(1A)-- 45 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 42 43 Act No. by reference to the surveillance of the dam, the procedures for management of dam safety or any other operations or work required for the dam.". 5 42. Offences (1) In section 75(1)(b) of the Principal Act, after "constructs" insert ", alters, operates, removes or decommissions". (2) In section 75 of the Principal Act, after sub- 10 section (1) insert-- "(1A) A person who constructs, alters, operates, removes or decommissions a private dam referred to in section 67 without being authorised to do so by or under this or any 15 other Act is guilty of an offence.". (3) In section 75 of the Principal Act, for sub-section (4) substitute-- "(4) If a licence is issued under section 67 to construct or alter any works and the licence 20 is subject to any condition relating to the future maintenance or operation of the works, a person who operates the works without complying with that condition is guilty of an offence.". 25 (4) In section 75 of the Principal Act, after sub- section (4) insert-- "(5) Sub-section (1A) does not apply until 1 February 2003 in relation to a dam which exists immediately before the 30 commencement of section 42(4) of the Water (Irrigation Farm Dams) Act 2001.". 43. Underground disposal In section 76 of the Principal Act, after sub- section (5) insert-- 46 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 46 Act No. "(5A) The Minister must not approve an application in respect of a disposal by means of a State observation bore if, in the opinion of the Minister, the disposal would interfere 5 with the function of the bore as a State observation bore.". 44. Ministerial directions (1) In section 80 of the Principal Act-- (a) in sub-section (1), omit "on the application 10 of any person,"; (b) in sub-section (3A), for paragraphs (a) and (b) substitute "any dam or class of dams". (2) In section 80 of the Principal Act, after sub- section (3B) insert-- 15 "(3C) Without limiting sub-section (3A), the regulations made under that sub-section may provide for any matter that may be the subject of conditions under section 71.". (3) In section 80 of the Principal Act, sub-section (4) 20 is repealed. 45. New section 80A inserted After section 80 of the Principal Act insert-- "80A. Design criteria etc. for re-use dams The Minister may, by Order published in the 25 Government Gazette, specify-- (a) design criteria for private dams for the re-use of water; and (b) a formula to determine the maximum volume of water that may be re-used 30 each year by a person by means of such dams.". 46. Minister may carry out works 47 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 48 Act No. In section 81 of the Principal Act, after sub- section (2) insert-- "(3) Any costs incurred by the Minister under this section are a charge on the land. 5 (4) Land is so charged when the Minister deposits with the Registrar of Titles a certificate under seal describing the land to be charged and stating the amount of the charge. 10 (5) The Registrar of Titles must make in the Register a recording of the certificate lodged under this section. (6) The Minister must notify the land owner in writing that-- 15 (a) the certificate has been deposited under this section; and (b) the land is charged with the amount stated in the notice. (7) When an amount due is paid or recovered the 20 Registrar of Titles must, if so required by the Minister, delete the recording of the charge from the Register or make a recording in the Register of the payment or recovery of the charge.". 25 47. Review by VCAT In section 83(1) of the Principal Act-- (a) in paragraph (a), for "67(1)" substitute "67"; (b) in paragraph (b), for "67(1)" substitute "67"; (c) in paragraph (g), after "73(1)" insert ", (1A) 30 or (1B)". 48. Particular powers of Authorities 48 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 54 Act No. In section 124(8) of the Principal Act, for "40(b)" substitute "40(1)(b)". 49. Abandonment of major works In section 139(1) of the Principal Act, after 5 "abandon" insert "or decommission". 50. Notice of contravention In section 151(1)(d) of the Principal Act, for "groundwater" substitute "water". 51. Wrongful taking etc. of water 10 In section 289(1)(b) of the Principal Act, omit "bore,". 52. Ministerial delegation In section 306(1)(b) of the Principal Act-- (a) after "4," insert "22A,"; 15 (b) for "27 to 31" substitute "27 to 32A, 32E to 32G"; (c) omit "80,". 53. Ministerial exemption In section 308 of the Principal Act-- 20 (a) in paragraph (b), for "works; or" substitute "works--"; (b) omit paragraph (c). 54. Failure of licensed driller etc. to comply with conditions of construction licence 25 In section 313(1) of the Principal Act-- 49 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 Act No. (a) in paragraph (b) for "licence--" substitute "licence; or"; (b) after paragraph (b) insert-- "(c) contravened a condition of a licence 5 issued under section 67--". 55. Offence by licensed driller In section 316 of the Principal Act, after sub- section (2) insert-- "(3) If it is a condition of a licence issued under 10 section 67 that all or any part of the work authorised by the licence must be carried out by, or under the direction of, a licensed driller, the licensed driller must ensure that the work, or that part of the work, carried out 15 by, or under the direction of, the licensed driller complies with the conditions of the licence. Penalty: 20 penalty units.". 56. New section 331 inserted 20 After section 330 of the Principal Act insert-- "331. Transitional provisions--Water (Irrigation Farm Dams) Act 2001 (1) A groundwater supply protection area declared by Order under section 27(1) that is 25 in force immediately before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2001 is deemed, on and from that commencement, to be a water supply protection area for the 30 protection of the groundwater resources in the area concerned and may be abolished, or its boundaries amended, in accordance with Division 3 of Part 3 accordingly. 50 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 56 Act No. (2) A management plan approved by the Minister under section 30(4) that is in force immediately before the commencement of section 10 of the Water (Irrigation Farm 5 Dams) Act 2001 is deemed, on and from that commencement, to be an approved management plan for groundwater resources for the relevant water supply protection area and may be amended or revoked in 10 accordance with Division 3 of Part 3 accordingly. (3) A notice of an application for the declaration of an area to be a groundwater supply protection area-- 15 (a) that was published under section 27(3)(b)(i) as in force at any time before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2001; and 20 (b) in relation to which an Order declaring the area to be a groundwater supply protection area had not been made before that commencement-- is deemed, on that commencement, to be a 25 notice published under section 27(4)(a)(i). (4) A notice to amend the boundaries of, or abolish, a groundwater supply protection area-- (a) that was published in accordance with 30 section 28(2) as in force at any time before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2001; and (b) in relation to which an Order amending 35 the boundaries of, or abolishing, the 51 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 56 Act No. groundwater supply protection area (as the case requires) had not been made before that commencement-- is deemed, on that commencement, to be a 5 notice published under section 28(2) (as substituted by section 10 of the Water (Irrigation Farm Dams) Act 2001). (5) A consultative committee appointed under section 29(1), as in force before the 10 commencement of section 10 of the Water (Irrigation Farm Dams) Act 2001, and existing immediately before that commencement is deemed, on that commencement, to be a consultative 15 committee appointed under section 29(1) (as substituted by section 10 of the Water (Irrigation Farm Dams) Act 2001). (6) A draft management plan that-- (a) had been prepared under Division 3 of 20 Part 3 at any time before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2001; and (b) had not been approved by the Minister 25 under section 30(5) before that commencement-- is deemed, on that commencement, to be a draft management plan prepared under Division 3 of Part 3 (as substituted by 30 section 10 of the Water (Irrigation Farm Dams) Act 2001). (7) An Authority that immediately before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2001 had the 35 duty of administering and enforcing an 52 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 56 Act No. approved management plan under section 30 as in force immediately before that commencement must-- (a) prepare a report in respect of its 5 activities in carrying out its duties for the period beginning on that commencement and ending on 30 June next; and (b) give a copy of that report to the 10 Minister and any relevant Catchment Management Authority in accordance with section 32C(2); and (c) release and make available the report in accordance with section 32D. 15 (8) A person who-- (a) at any time during the period of 10 years immediately before the commencement of section 32 of the Water (Irrigation Farm Dams) Act 20 2001 was taking and using water from a spring or soak or water from a dam (other than water supplied to the dam from a waterway or a bore), for a use other than domestic and stock use; and 25 (b) before 1 February 2003 applies for a licence under section 51(1)(ba) in relation to the spring or soak or dam-- is not liable to pay an application fee in respect of the application. 30 (9) A licence issued under section 67 to abandon any works, private dam or a bore that is in force immediately before the commencement of section 35 of the Water (Irrigation Farm Dams) Act 2001 is, on and from that 53 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 s. 56 Act No. commencement, deemed to be a licence to decommission those works, or that private dam or bore.". 5 54 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

Water (Irrigation Farm Dams) Act 2001 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 55 541216B.A1-9/11/2001 BILL LA AS SENT 9/11/2001

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