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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Water Legislation (Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF WATER ACT 1989 3
3. Jurisdiction of Tribunal 3
4. New penalties 3
5. By-laws 3
6. New sections 170A to 170G inserted 4
170A. Preparation and adoption of permanent water saving
plan 4
170B. Variation of plan 6
170C. Major deviations from plan 7
170D. Copy of plan 8
170E. Implementation of plan 8
170F. Contravention of plan 9
170G. Inconsistency 10
7. Prosecutions 10
PART 3--AMENDMENT OF WATER INDUSTRY ACT 1994 11
8. Jurisdiction of Tribunal 11
9. Contravention of plan 11
10. New Division 1B inserted in Part 3 12
Division 1B--Permanent water saving plan 12
78I. Application of this Division 12
78J. Preparation and adoption of plan 12
78K. Variation of plan 13
78L. Major deviations from plan 15
78M. Copy of plan 15
78N. Implementation of plan 16
78O. Contravention of plan 17
78P. Inconsistency 17
11. Prosecutions 18
i
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Clause Page
PART 4--STATUTE LAW REVISION 19
12. Amendment to Water Act 1989 19
Victorian Legislation and Parliamentary Documents
13. Amendments to Water Industry Act 1994 19
ENDNOTES 20
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551091B.I1-18/9/2003 BILL LA CIRCULATION 18/9/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 16 September 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Water Act 1989 and the Water Industry Act 1994 and
for other purposes.
Water Legislation (Amendment) Act
2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the
Water Act 1989 and the Water Industry Act
5 1994 to provide for permanent water saving plans
and increase the penalties for certain offences
relating to the use of water.
551091B.I1-18/9/2003 BILL LA CIRCULATION 18/9/2003
1
Water Legislation (Amendment) Act 2003
Act No.
Part 1--Preliminary
s. 2
2. Commencement
This Act comes into operation on the day after the
Victorian Legislation and Parliamentary Documents
day on which it receives the Royal Assent.
__________________
2
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Water Legislation (Amendment) Act 2003
Act No.
Part 2--Amendment of Water Act 1989
s. 3
PART 2--AMENDMENT OF WATER ACT 1989
Victorian Legislation and Parliamentary Documents
3. Jurisdiction of Tribunal
See:
(1) After section 19(3)(a) of the Water Act 1989 Act No.
insert-- 80/1989.
Reprint No. 6
5 "(ab) may make an order for payment of a sum of as at
4 April 2002
money awarding damages in the nature of and
interest; or". amending
Act Nos
(2) After section 19(3A) of the Water Act 1989 5/2002,
11/2002,
insert-- 23/2002,
48/2002 and
10 "(4) In awarding damages in the nature of 48/2003.
LawToday:
interest, the Tribunal may base the amount
www.dms.
awarded on the interest rate fixed from time dpc.vic.
gov.au
to time under section 2 of the Penalty
Interest Rates Act 1983 or on any lesser
15 rate that it considers appropriate.".
4. New penalties
(1) For the penalty set out at the foot of sections
63(1), 63(1A), 288(1) and 289(1) of the Water
Act 1989 substitute--
20 "Penalty: For a first offence, 60 penalty units or
imprisonment for 6 months.
For a subsequent offence, 120 penalty
units or imprisonment for 12 months.".
(2) In sections 63(2), 288(2) and 289(2) of the Water
25 Act 1989, after "continues" insert "(up to a
maximum of 20 additional penalty units)".
5. By-laws
At the end of section 171 of the Water Act 1989
insert--
30 "(2) A penalty imposed for a contravention of a
by-law made under sub-section (1)(a) must
not exceed--
3
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Water Legislation (Amendment) Act 2003
Act No.
Part 2--Amendment of Water Act 1989
s. 6
(a) for a first offence, 40 penalty units or
imprisonment for 3 months; and
Victorian Legislation and Parliamentary Documents
(b) for a subsequent offence, 80 penalty
units or imprisonment for 6 months--
5 and, in the case of a continuing
contravention, an additional penalty not
exceeding 5 penalty units for each day on
which the offence continues (up to a
maximum of 20 additional penalty units)--
10 (c) after service of a notice of
contravention on the person under
section 151; or
(d) if no notice of contravention is served,
after conviction of the person for the
15 offence.".
6. New sections 170A to 170G inserted
After section 170 of the Water Act 1989 insert--
"170A. Preparation and adoption of permanent
water saving plan
20 (1) An Authority must prepare a permanent
water saving plan and submit that plan to the
Minister for approval on or before the date
specified by the Minister.
(2) The Minister may, by notice served on the
25 Authority, give directions or issue guidelines
concerning the form of, and the information
to be contained in, such a plan.
(3) In preparing a plan, an Authority must--
(a) comply with any written directions; and
30 (b) have regard to any written guidelines--
given or issued by the Minister under sub-
section (2).
4
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Water Legislation (Amendment) Act 2003
Act No.
Part 2--Amendment of Water Act 1989
s. 6
(4) Without limiting sub-section (2), a plan must
contain a Schedule setting out restrictions or
prohibitions on the use of water in any area,
Victorian Legislation and Parliamentary Documents
or a specified part of any area, in respect of
5 which the Authority has the function of
providing a water supply system.
(5) Without limiting sub-section (4), a restriction
may require a use of water to be approved by
a specified person or a specified class of
10 person.
(6) Before submitting a plan to the Minister
under sub-section (1), an Authority must
ensure that a notice in accordance with sub-
section (7) is published in the Government
15 Gazette and a newspaper circulating
generally in any area capable of being
affected by the plan.
(7) A notice must--
(a) summarise the restrictions and
20 prohibitions proposed by the plan;
(b) specify where a copy of the proposed
plan can be obtained;
(c) invite public comments or submissions
within such time (being not less than
25 28 days from the latest day on which
the notice is published under sub-
section (6)) as is specified in the notice.
(8) An Authority must ensure that all comments
and submissions received before the date
30 specified in the notice in response to the
notice are considered, and any variations to
the proposed plan that the Authority thinks
fit are made, before the proposed plan is
submitted to the Minister under sub-
35 section (1).
5
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Water Legislation (Amendment) Act 2003
Act No.
Part 2--Amendment of Water Act 1989
s. 6
(9) An Authority must adopt a plan as approved
by the Minister under sub-section (1).
Victorian Legislation and Parliamentary Documents
170B. Variation of plan
(1) An Authority may at any time, in accordance
5 with this section, make any variations to an
adopted permanent water saving plan that it
thinks fit.
(2) Before making any variation to an adopted
plan, an Authority must submit the proposed
10 variation to the Minister for approval.
(3) The Minister may at any time, by notice
served on the Authority, require an Authority
to review a permanent water saving plan and
submit a revised plan to the Minister for
15 approval on or before the date specified by
the Minister.
(4) In preparing a variation to an adopted plan or
a revised plan, an Authority must--
(a) comply with any written directions; and
20 (b) have regard to any written guidelines--
given or issued by the Minister under section
170A(2) concerning the form of, and the
information to be contained in, a permanent
water saving plan.
25 (5) Except with the approval of the Minister,
before submitting a proposed variation or
revised plan to the Minister under sub-
section (2) or (3), an Authority must ensure
that a notice in accordance with sub-
30 section (6) is published in the Government
Gazette and a newspaper circulating
generally in any area capable of being
affected by the proposed variation or revised
plan.
6
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Water Legislation (Amendment) Act 2003
Act No.
Part 2--Amendment of Water Act 1989
s. 6
(6) A notice must--
(a) summarise the proposed variation or
Victorian Legislation and Parliamentary Documents
revised plan;
(b) specify where a copy of the proposed
5 variation or revised plan can be
obtained;
(c) invite public comments or submissions
within such time (being not less than
28 days from the latest day on which
10 the notice is published under sub-
section (5)) as is specified in the notice.
(7) An Authority must ensure that all comments
and submissions received before the date
specified in the notice in response to the
15 notice are considered, and any changes to the
proposed variation or changes to the
proposed revised plan that the licensee thinks
fit are made, before the proposed variation or
revised plan is submitted to the Minister
20 under sub-section (2) or (3).
(8) An Authority must vary a permanent water
saving plan, or adopt a revised permanent
water saving plan, as approved by the
Minister under sub-section (2) or (3).
25 170C. Major deviations from plan
(1) An Authority must not make a major
deviation from a permanent water saving
plan.
(2) The Minister may issue guidelines as to what
30 are major deviations for the purposes of sub-
section (1).
7
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Water Legislation (Amendment) Act 2003
Act No.
Part 2--Amendment of Water Act 1989
s. 6
170D. Copy of plan
(1) The permanent water saving plan of an
Victorian Legislation and Parliamentary Documents
Authority at any time is that plan adopted in
accordance with section 170A or 170B(8), as
5 varied under section 170B at that time.
(2) An Authority must ensure that an up to date
copy of its permanent water saving plan is
available at its offices during business hours
for inspection on request.
10 170E. Implementation of plan
(1) An Authority must implement
immediately--
(a) a permanent water saving plan adopted
by the Authority in accordance with
15 section 170A or 170B(8);
(b) a variation to an adopted permanent
water saving plan referred to in
paragraph (a).
(2) Implementation involving the imposition or
20 removal of restrictions or prohibitions on the
use of water in an area may be effected by
the Authority publishing a notice in the
Government Gazette and a newspaper
circulating generally in the area specifying--
25 (a) the restrictions or prohibitions imposed
or being substituted or removed; and
(b) the area to which they apply or applied;
and
(c) the time from which they apply or
30 cease to apply, not being earlier than
the latest day on which the notice is
published.
8
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Water Legislation (Amendment) Act 2003
Act No.
Part 2--Amendment of Water Act 1989
s. 6
(3) A person cannot be convicted of an offence
against section 170F in respect of a
contravention of a restriction or prohibition
Victorian Legislation and Parliamentary Documents
on the use of water contained in a permanent
5 water saving plan if prior to the relevant time
notice of the particular restriction or
prohibition had not been published in
accordance with sub-section (2).
170F. Contravention of plan
10 (1) A person who receives a supply of water
from an Authority must not, after receiving a
warning notice from the Authority,
contravene a restriction or prohibition on the
use of that water contained in a permanent
15 water saving plan of the Authority.
Penalty: For a first offence, 10 penalty
units;
For a subsequent offence,
20 penalty units.
20 (2) A person who is guilty of an offence under
sub-section (1) that is of a continuing nature
is liable, in addition to the penalty set out at
the foot of that sub-section, to a further
penalty of not more than 2 penalty units for
25 each day during which the offence continues
(up to a maximum of 20 additional penalty
units)--
(a) after service of a notice of
contravention on the person under
30 section 151; or
(b) if no notice of contravention is served,
after conviction.
Note: Section 296(1) sets out who may prosecute an
offence under sub-section (1).
9
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Water Legislation (Amendment) Act 2003
Act No.
Part 2--Amendment of Water Act 1989
s. 7
170G. Inconsistency
(1) If there is an inconsistency between a
Victorian Legislation and Parliamentary Documents
restriction or prohibition in a by-law and a
permanent water saving plan applying to a
5 person who receives a supply of water from
an Authority, the person must comply with
the restriction or prohibition in the by-law.
(2) A restriction or prohibition in a permanent
water saving plan is of no effect to the extent
10 of that inconsistency.".
7. Prosecutions
(1) After section 296(1)(b) of the Water Act 1989
insert--
"(ba) in the case of an offence against section
15 288(1), 289(1) or 290(1) where the relevant
licensee is a licensee referred to in section
17(1) of the Water Industry Act 1994, an
employee of the licensee authorised to do so,
either generally or in any particular case, by
20 the licensee; or".
(2) After section 296(2) of the Water Act 1989
insert--
"(3) An employee of a licensee may only be
authorised by the licensee under sub-
25 section (1)(ba) if the licensee is satisfied that
the employee is appropriately qualified and
trained.".
__________________
10
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Water Legislation (Amendment) Act 2003
Act No.
Part 3--Amendment of Water Industry Act 1994
s. 8
PART 3--AMENDMENT OF WATER INDUSTRY ACT 1994
Victorian Legislation and Parliamentary Documents
8. Jurisdiction of Tribunal
See:
(1) After section 74A(2)(b) of the Water Industry Act No.
Act 1994 insert-- 121/1994.
Reprint No. 4
5 "(ba) make an order for payment of a sum of as at
14 February
money awarding damages in the nature of 2002
interest;". and
amending
(2) After section 74A(2) of the Water Industry Act Act Nos
54/2001 and
1994 insert-- 11/2002.
LawToday:
10 "(2A) In awarding damages in the nature of www.dms.
dpc.vic.
interest, the Tribunal may base the amount
gov.au
awarded on the interest rate fixed from time
to time under section 2 of the Penalty
Interest Rates Act 1983 or on any lesser
15 rate that it considers appropriate.".
9. Contravention of plan
For the penalty set out at the foot of section 78H
of the Water Industry Act 1994 substitute--
"Penalty: For a first offence, 40 penalty units or
20 imprisonment for 3 months;
For a subsequent offence, 80 penalty
units or imprisonment for 6 months;
For a continuing offence, an additional
penalty of 5 penalty units for each day
25 on which the offence continues (up to a
maximum of 20 additional penalty
units) after service of a notice of
contravention on the person under
section 69.".
11
551091B.I1-18/9/2003 BILL LA CIRCULATION 18/9/2003
Water Legislation (Amendment) Act 2003
Act No.
Part 3--Amendment of Water Industry Act 1994
s. 10
10. New Division 1B inserted in Part 3
After Division 1A of Part 3 of the Water
Victorian Legislation and Parliamentary Documents
Industry Act 1994 insert--
"Division 1B--Permanent water saving plan
5 78I. Application of this Division
This Division applies to a licensee who is the
holder of a water licence or a water and
sewerage licence.
78J. Preparation and adoption of plan
10 (1) A licensee must prepare a permanent water
saving plan and submit that plan to the
Minister for approval on or before the date
specified by the Minister.
(2) The Minister may, by notice served on the
15 licensee, give directions or issue guidelines
concerning the form of, and the information
to be contained in, such a plan.
(3) In preparing a plan, a licensee must--
(a) comply with any written directions; and
20 (b) have regard to any written guidelines--
given or issued by the Minister under sub-
section (2).
(4) Without limiting sub-section (2), a plan must
contain a Schedule setting out restrictions or
25 prohibitions on the use of water in any area,
or a specified part of any area, in respect of
which the licensee has the function of
providing a water supply system.
(5) Without limiting sub-section (4), a restriction
30 may require a use of water to be approved by
a specified person or a specified class of
person.
12
551091B.I1-18/9/2003 BILL LA CIRCULATION 18/9/2003
Water Legislation (Amendment) Act 2003
Act No.
Part 3--Amendment of Water Industry Act 1994
s. 10
(6) Before submitting a plan to the Minister
under sub-section (1), a licensee must ensure
that a notice in accordance with sub-
Victorian Legislation and Parliamentary Documents
section (7) is published in the Government
5 Gazette and a newspaper circulating
generally in any area capable of being
affected by the plan.
(7) A notice must--
(a) summarise the restrictions and
10 prohibitions proposed by the plan;
(b) specify where a copy of the proposed
plan can be obtained;
(c) invite public comments or submissions
within such time (being not less than
15 28 days from the latest day on which
the notice is published under sub-
section (6)) as is specified in the notice.
(8) A licensee must ensure that all comments
and submissions received before the date
20 specified in the notice in response to the
notice are considered, and any variations to
the proposed plan that the licensee thinks fit
are made, before the proposed plan is
submitted to the Minister under sub-
25 section (1).
(9) A licensee must adopt a plan as approved by
the Minister under sub-section (1).
(10) The Minister must consult with the Treasurer
before approving a permanent water saving
30 plan.
78K. Variation of plan
(1) A licensee may at any time, in accordance
with this section, make any variations to an
adopted permanent water saving plan that it
35 thinks fit.
13
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Water Legislation (Amendment) Act 2003
Act No.
Part 3--Amendment of Water Industry Act 1994
s. 10
(2) Before making any variation to an adopted
plan, a licensee must submit the proposed
variation to the Minister for approval.
Victorian Legislation and Parliamentary Documents
(3) The Minister may at any time, by notice
5 served on the licensee, require a licensee to
review a permanent water saving plan and
submit a revised plan to the Minister for
approval on or before the date specified by
the Minister.
10 (4) In preparing a variation to an adopted plan or
a revised plan, a licensee must--
(a) comply with any written directions; and
(b) have regard to any written guidelines--
given or issued by the Minister under section
15 78J(2) concerning the form of, and the
information to be contained in, a permanent
water saving plan.
(5) Except with the approval of the Minister,
before submitting a proposed variation or
20 revised plan to the Minister under sub-
section (2) or (3), a licensee must ensure that
a notice in accordance with sub-section (6) is
published in the Government Gazette and a
newspaper circulating generally in any area
25 capable of being affected by the proposed
variation or revised plan.
(6) A notice must--
(a) summarise the proposed variation or
revised plan;
30 (b) specify where a copy of the proposed
variation or revised plan can be
obtained;
14
551091B.I1-18/9/2003 BILL LA CIRCULATION 18/9/2003
Water Legislation (Amendment) Act 2003
Act No.
Part 3--Amendment of Water Industry Act 1994
s. 10
(c) invite public comments or submissions
within such time (being not less than
28 days from the latest day on which
Victorian Legislation and Parliamentary Documents
the notice is published under sub-
5 section (5)) as is specified in the notice.
(7) A licensee must ensure that all comments
and submissions received before the date
specified in the notice in response to the
notice are considered, and any changes to the
10 proposed variation or changes to the
proposed revised plan that the licensee thinks
fit are made, before the proposed variation or
revised plan is submitted to the Minister
under sub-section (2) or (3).
15 (8) A licensee must vary a permanent water
saving plan, or adopt a revised permanent
water saving plan, as approved by the
Minister under sub-section (2) or (3).
(9) The Minister must consult with the Treasurer
20 before approving--
(a) any variation to a permanent water
saving plan; or
(b) a revised permanent water saving plan.
78L. Major deviations from plan
25 (1) A licensee must not make a major deviation
from a permanent water saving plan.
(2) The Minister may issue guidelines as to what
are major deviations for the purposes of sub-
section (1).
30 78M. Copy of plan
(1) The permanent water saving plan of a
licensee at any time is that plan adopted in
accordance with section 78J or 78K(8), as
varied under section 78K at that time.
15
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Water Legislation (Amendment) Act 2003
Act No.
Part 3--Amendment of Water Industry Act 1994
s. 10
(2) A licensee must ensure that an up to date
copy of its permanent water saving plan is
available at its offices during business hours
Victorian Legislation and Parliamentary Documents
for inspection on request.
5 78N. Implementation of plan
(1) A licensee must implement immediately--
(a) a permanent water saving plan adopted
by the licensee in accordance with
section 78J or 78K(8);
10 (b) a variation to an adopted permanent
water saving plan referred to in
paragraph (a).
(2) Implementation involving the imposition or
removal of restrictions or prohibitions on the
15 use of water in an area may be effected by
the licensee publishing a notice in the
Government Gazette and a newspaper
circulating generally in the area specifying--
(a) the restrictions or prohibitions imposed
20 or being substituted or removed; and
(b) the area to which they apply or applied;
and
(c) the time from which they apply or
cease to apply, not being earlier than
25 the latest day on which the notice is
published.
(3) A person cannot be convicted of an offence
against section 78O in respect of a
contravention of a restriction or prohibition
30 on the use of water contained in a permanent
water saving plan if prior to the relevant time
notice of the particular restriction or
prohibition had not been published in
accordance with sub-section (2).
16
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Water Legislation (Amendment) Act 2003
Act No.
Part 3--Amendment of Water Industry Act 1994
s. 10
78O. Contravention of plan
A person who receives a supply of water
Victorian Legislation and Parliamentary Documents
from a licensee must not, after receiving a
warning notice from the licensee, contravene
5 a restriction or prohibition on the use of that
water contained in a permanent water saving
plan of the licensee.
Penalty: For a first offence, 10 penalty
units;
10 For a subsequent offence,
20 penalty units;
For a continuing offence, an
additional penalty of 2 penalty
units for each day on which the
15 offence continues (up to a
maximum of 20 additional penalty
units) after service of a notice of
contravention on the person under
section 69.
20 78P. Inconsistency
(1) If there is an inconsistency between a
restriction or prohibition in--
(a) a drought response plan and a
permanent water saving plan; or
25 (b) an emergency management plan and a
permanent water saving plan--
applying to a person who receives a supply
of water from a licensee, the person must
comply with the restriction or prohibition in
30 the drought response plan or emergency
management plan.
(2) A restriction or prohibition in a permanent
water saving plan is of no effect to the extent
of that inconsistency.".
17
551091B.I1-18/9/2003 BILL LA CIRCULATION 18/9/2003
Water Legislation (Amendment) Act 2003
Act No.
Part 3--Amendment of Water Industry Act 1994
s. 11
11. Prosecutions
(1) After section 179(1)(a) of the Water Industry
Victorian Legislation and Parliamentary Documents
Act 1994 insert--
"(ab) in the case of an offence against section 78H
5 or 78O, where the licensee responsible for
the implementation of the relevant plan is a
licensee referred to in section 17(1), an
employee of the licensee authorised to do so,
either generally or in any particular case, by
10 the licensee; or".
(2) After section 179(2) of the Water Industry Act
1994 insert--
"(3) An employee of a licensee may only be
authorised by a licensee under sub-
15 section (1)(ab) if the licensee is satisfied that
the employee is appropriately qualified and
trained.".
__________________
18
551091B.I1-18/9/2003 BILL LA CIRCULATION 18/9/2003
Water Legislation (Amendment) Act 2003
Act No.
Part 4--Statute Law Revision
s. 12
PART 4--STATUTE LAW REVISION
Victorian Legislation and Parliamentary Documents
12. Amendment to Water Act 1989
Section 295(1)(g) of the Water Act 1989 is
repealed.
5 13. Amendments to Water Industry Act 1994
(1) In section 3 of the Water Industry Act 1994
insert the following definition--
' "Tribunal" means Victorian Civil and
Administrative Tribunal established by the
10 Victorian Civil and Administrative
Tribunal Act 1998;'.
(2) In sections 30(3), 63(7), 65(5), 67(8), 74(4)(e),
84(3) and 86(4) of the Water Industry Act 1994,
for "Administrative Appeals Tribunal" substitute
15 "Tribunal".
(3) In section 10(3)(b) of the Water Industry Act
1994 for "the Office" substitute "the
Commission".
19
551091B.I1-18/9/2003 BILL LA CIRCULATION 18/9/2003
Water Legislation (Amendment) Act 2003
Act No.
Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
20
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