Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Water Legislation (Essential Services Commission
and Other Amendments) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 2
2. Commencement 2
3. New Part 1A inserted into Water Industry Act 1994 2
PART 1A--REGULATION OF REGULATED WATER
INDUSTRY 2
4A. Definitions 2
4B. Application of Essential Services Commission Act 2001 5
4C. Objectives of the Commission 6
4D. Water Industry Regulatory Order 6
4E. Other regulatory powers 9
4F. Codes 9
4G. Provision of information to the Commission 11
4H. Costs of Commission under this Part 11
4I. Statement of Obligations 12
4. Division 1 of Part 2 substituted 14
Division 1--Licences 14
5. Application for licence 14
6. Determination of application 15
7. Provisions relating to licences 16
8. Statement of Obligations 17
9. Customer dispute resolution 19
10. Licence charge 20
11. Area of licence 21
12. Variation or revocation of licence 21
13. Gazettal requirement 22
14. Licence not transferable 22
15. Transitional provision 22
16. Licensees not to represent Crown 23
5. Division 2 of Part 2 repealed 23
6. Repeal of section 21A 23
7. Amendment of section 90 of the Water Act 1989 24
i
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Clause Page
8. Water Act 1989--new sections 120 and 121 inserted 25
120. Central Gippsland Region Water Authority 25
121. Validation of actions of Central Gippsland Region
Water Authority in relation to waste 25
9. Amendment of section 247 of the Water Act 1989 25
10. New Schedule 8 inserted 26
SCHEDULE 8--Central Gippsland Region Water Authority 26
11. Amendment of the Essential Services Commission Act 2001 27
12. Statute law revision 27
ENDNOTES 29
ii
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 9 April 2003
A BILL
to amend the Water Industry Act 1994 to specify the role of the
Essential Services Commission in relation to the water industry, to
amend the Water Act 1989 in relation to the Central Gippsland
Region Water Authority, to consequentially amend the Water Act
1989 and the Essential Services Commission Act 2001 and for other
purposes.
Water Legislation (Essential Services
Commission and Other Amendments)
Act 2003
The Parliament of Victoria enacts as follows:
1
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 1
Act No.
1. Purpose
The purpose of this Act is to--
(a) amend the Water Industry Act 1994 to
specify the role of the Essential Services
5 Commission in relation to the water industry;
and
(b) amend the Water Act 1989 to reinstate the
capacity of Central Gippsland Region Water
Authority to accept certain waste matter for
10 treatment or disposal; and
(c) amend the Water Act 1989 and the
Essential Services Commission Act 2001.
2. Commencement
(1) This section and sections 1, 8 and 10 come into
15 operation on the day after the day on which this
Act receives the Royal Assent.
(2) Section 12(1) is deemed to have come into
operation on 4 April 2002.
(3) Subject to sub-section (4), the remaining
20 provisions of this Act come into operation on a
day or days to be proclaimed.
(4) If a provision of this Act referred to in sub-section
(3) does not come into operation before 1 July
2005, it comes into operation on that day.
25 See: 3. New Part 1A inserted into Water Industry Act 1994
Act No.
121/1994.
After Part 1 of the Water Industry Act 1994
Reprint No. 4
insert--
as at
14 February
2002
'PART 1A--REGULATION OF REGULATED
and
WATER INDUSTRY
amending
Act Nos
54/2001 and
30 4A. Definitions
11/2002.
LawToday:
In this Part--
www.dms.
dpc.vic.
"Code" means a Code under section 4F;
gov.au
2
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 3
Act No.
"declared goods and services" means
goods and services declared to be
declared goods and services by a Water
Industry Regulatory Order;
5 "Order" means an Order in Council made
by the Governor in Council;
"prescribed goods and services" means
goods and services prescribed to be
prescribed goods and services by a
10 Water Industry Regulatory Order;
"Regional Urban Water Authority"
means--
(a) the Barwon Region Water
Authority;
15 (b) the Central Gippsland Region
Water Authority;
(c) the Central Highlands Region
Water Authority;
(d) the Coliban Region Water
20 Authority;
(e) the East Gippsland Region Water
Authority;
(f) the Glenelg Region Water
Authority;
25 (g) the Goulburn Valley Region
Water Authority;
(h) the Grampians Region Water
Authority;
(i) the Lower Murray Region Water
30 Authority;
(j) the North East Region Water
Authority;
3
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 3
Act No.
(k) the Portland Coast Region Water
Authority;
(l) the South Gippsland Region
Water Authority;
5 (m) the South West Water Authority;
(n) the Western Region Water
Authority;
(o) the Westernport Region Water
Authority--
10 or an Authority which is a successor
Authority to an Authority specified in
paragraphs (a) to (o);
"regulated entity" means--
(a) the Melbourne Water Corporation;
15 (b) a licensee under Division 1 of
Part 2;
(c) a Regional Urban Water
Authority;
(d) a Rural Water Authority;
20 "regulated water industry" means the
water industry as constituted by--
(a) the Melbourne Water Corporation;
(b) licensees under Division 1 of
Part 2;
25 (c) Regional Urban Water
Authorities;
(d) Rural Water Authorities;
"Rural Water Authority" means--
(a) the First Mildura Irrigation Trust;
30 (b) the Gippsland and Southern Rural
Water Authority;
4
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 3
Act No.
(c) the Goulburn-Murray Rural Water
Authority;
(d) the Sunraysia Rural Water
Authority;
5 (e) the Wimmera Mallee Rural Water
Authority--
or an Authority which is a successor
Authority to an Authority specified in
paragraphs (a) to (e);
10 "Water Industry Regulatory Order"
means an Order which is in force under
section 4D.
4B. Application of Essential Services
Commission Act 2001
15 (1) For the purposes of the Essential Services
Commission Act 2001--
(a) this Act is relevant legislation; and
(b) the regulated water industry is a
regulated industry.
20 (2) For the purposes of the definition of
"regulated industry" in the Essential
Services Commission Act 2001, the
regulated water industry is deemed to be
operating under this Act.
25 (3) If there is any inconsistency between this
Part and a provision of the Essential
Services Commission Act 2001, the Water
Act 1989, the Melbourne and
Metropolitan Board of Works Act 1958 or
30 the Melbourne Water Corporation Act
1992, the provision of this Part prevails.
5
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 3
Act No.
4C. Objectives of the Commission
The objectives of the Commission under this
Act in relation to the regulated water
industry are--
5 (a) wherever possible, to ensure that the
costs of regulation do not exceed the
benefits;
(b) to ensure that regulatory decision
making and regulatory processes have
10 regard to any differences between the
operating environments of regulated
entities;
(c) to ensure that regulatory decision
making has regard to the health, safety,
15 environmental sustainability (including
water conservation) and social
obligations of regulated entities.
4D. Water Industry Regulatory Order
(1) The Governor in Council may by Order--
20 (a) make a Water Industry Regulatory
Order;
(b) amend, vary or revoke the Water
Industry Regulatory Order.
(2) The Water Industry Regulatory Order may--
25 (a) specify which goods or services made,
produced or supplied by or within the
regulated water industry are to be
prescribed goods and services in
respect of which the Commission has
30 the power to regulate prices;
(b) specify a price, price-range, factor or
term and condition which is to be a
prescribed price in respect of which the
Commission has power to regulate;
6
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 3
Act No.
(c) require the Commission to adopt a
specified approach, principle or
methodology in regulating prices;
(d) fix regulatory asset values;
5 (e) declare which goods or services made,
produced or supplied by or within the
regulated water industry are to be
declared goods and services in respect
of which the Commission has the
10 power to regulate standards and
conditions of service and supply;
(f) declare which goods or services made,
produced or supplied by or within the
regulated water industry are to be
15 declared goods and services in respect
of which the Commission has the
power to regulate market conduct;
(g) confer on the Commission such
functions as the Governor in Council
20 considers necessary;
(h) specify matters relating to quality and
performance standards of a health,
environmental or technical nature in
respect of which the Commission may
25 not exercise any function or power;
(i) specify any matters to which the
Commission must have regard in
exercising its powers and functions.
(3) Without limiting the generality of sub-
30 section (2)(c), the Water Industry Regulatory
Order may--
(a) include restrictions on price increases;
(b) make provision for the phasing in of
price increases over time;
7
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 3
Act No.
(c) specify matters which must be
considered in making a price
determination;
(d) specify matters in relation to the
5 sharing of efficiency gains;
(e) specify the nature and manner of
passing through identified costs to
customers.
(4) Without limiting the generality of sub-
10 section (2)(g), the Water Industry Regulatory
Order may confer on the Commission
functions relating to--
(a) auditing performance and compliance
with Codes and Statements of
15 Obligations;
(b) monitoring and performance reporting;
(c) the resolution of disputes between
regulated entities in relation to
standards and conditions of service and
20 supply;
(d) the resolution, with the agreement of
the customer or person, of disputes with
respect to prices for services;
(e) reviewing whether particular goods or
25 services should be regulated and
making a recommendation to the
Minister, if so requested by the
Minister after consultation with the
Minister administering the Essential
30 Services Commission Act 2001.
(5) This section does not empower the making
of a Water Industry Regulatory Order
containing a provision purporting to have the
effect of changing or substituting a decision
35 made by the Commission.
8
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 3
Act No.
(6) An Order made under this section--
(a) must be published in the Government
Gazette; and
(b) has effect from the date specified in the
5 Order.
4E. Other regulatory powers
(1) The Commission may in relation to regulated
entities regulate--
(a) standards and conditions of service and
10 supply of declared goods and services;
and
(b) market conduct relating to declared
goods and services.
(2) In exercising its powers or carrying out its
15 functions under this Part, the Commission
must adopt an approach which--
(a) the Commission considers will best
meet the objectives specified in the
Essential Services Commission Act
20 2001 and in this Part; and
(b) complies with any requirements
specified in the Water Industry
Regulatory Order.
4F. Codes
25 (1) In the exercise of any power or function of
the Commission with respect to the regulated
water industry, the Commission may make,
amend or revoke Codes.
(2) A Code may provide for any matter relating
30 to--
(a) requiring a specified regulated entity or
a specified class of regulated entity to
develop, issue and comply with
9
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 3
Act No.
customer-related standards, procedures,
policies and practices (including with
respect to the payment of compensation
to customers) in accordance with the
5 Code;
(b) specifying minimum customer-related
standards, procedures, policies and
practices for inclusion by a specified
regulated entity or a specified class of
10 regulated entity in a customer charter
for specific services;
(c) requiring a specified regulated entity or
a specified class of regulated entity to
enter into an agreement with another
15 specified regulated entity or another
specified class of regulated entity for
the purpose of ensuring that obligations
relating to customer-related standards
can be met;
20 (d) specifying principles for the negotiation
of agreements required under
paragraph (c) between regulated entities
in relation to standards and conditions
of service and supply;
25 (e) requiring regulated entities to maintain
specified accounting records and to
prepare accounts according to specified
principles.
(3) The Commission may amend or revoke a
30 Code in accordance with procedures
specified by the Commission.
(4) The Commission must cause a notice of--
(a) the making of a Code; or
10
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 3
Act No.
(b) the amendment or revocation of a
Code--
to be published in the Government Gazette.
(5) A Code is not a determination for the
5 purposes of the Essential Services
Commission Act 2001.
(6) A regulated entity must comply with any
provision of a Code which applies to the
regulated entity.
10 4G. Provision of information to the Commission
(1) The Commission may by notice in writing
require a regulated entity to provide to the
Commission information that the
Commission requires to enable the
15 Commission to perform its functions.
(2) A notice under sub-section (1) must
specify--
(a) the information required; and
(b) the period of time within which the
20 requirement must be complied with;
and
(c) the manner and form in which the
information must be provided.
(3) A regulated entity must comply with a notice
25 given to the regulated entity under sub-
section (1).
Penalty: 120 penalty units.
4H. Costs of Commission under this Part
(1) The Minister administering the Essential
30 Services Commission Act 2001--
(a) in consultation with the Minister
administering this Act; and
11
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 3
Act No.
(b) having regard to the total amount of the
costs and expenses of the Commission
that are incurred or are likely to be
incurred by the Commission in the
5 exercise of its powers for or in
connection with the performance of its
functions and the achievement of its
objectives in relation to the regulated
water industry--
10 must determine the amount to be contributed
towards those costs and expenses by each
regulated entity.
(2) The contribution is payable at such intervals
and in such amounts as is determined by the
15 Minister administering the Essential
Services Commission Act 2001 in
consultation with the Minister administering
this Act by notice in writing to the regulated
entity.
20 4I. Statement of Obligations
(1) In this section "water authority" means--
(a) the Melbourne Water Corporation;
(b) a Regional Urban Water Authority;
(c) a Rural Water Authority.
25 (2) After consultation with the Treasurer and the
Commission, the Minister may--
(a) make and issue a Statement of
Obligations to a water authority
specifying obligations of the water
30 authority in performing its functions
and exercising its powers;
(b) amend, vary or revoke a Statement of
Obligations after complying with sub-
section (5).
12
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 3
Act No.
(3) Without limiting the generality of sub-
section (2), a Statement of Obligations may
include provisions relating to--
(a) governance;
5 (b) quality and performance standards;
(c) community service obligations;
(d) customer and community consultation;
(e) the specifying of--
(i) a maximum in relation to the
10 amount of a payment or amounts
of payments which may be
required from the owner of a
property for the provision of
sewerage services to the property
15 under section 268(1) of the Water
Act 1989; and
(ii) the manner in which the payment
or payments are to be made;
(f) failure to comply with any obligations
20 imposed by a Statement of Obligations;
(g) obligations of a water authority with
respect to other public authorities.
(4) A water authority must comply with a
Statement of Obligations which applies to
25 the water authority.
(5) The Minister must not amend or vary a
Statement of Obligations unless--
(a) the water authority has agreed to the
proposed amendment or variation; or
30 (b) the Minister has--
(i) given the water authority notice in
writing of the proposed
amendment or variation; and
13
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 4
Act No.
(ii) considered any written submission
made by the water authority in
response to the notice.
(6) The Minister must cause a notice of--
5 (a) the making and issue of a Statement of
Obligations to a water authority; or
(b) the amendment, variation or revocation
of the Statement of Obligations--
to be published in the Government Gazette.
10 (7) If there is any inconsistency between a
provision of a Statement of Obligations and a
provision of a Code, the provision of the
Statement of Obligations prevails.'.
4. Division 1 of Part 2 substituted
15 For Division 1 of Part 2 of the Water Industry
Act 1994 substitute--
"Division 1--Licences
5. Application for licence
(1) Subject to sub-section (2), a person may
20 apply to the Minister for the issue of--
(a) a water licence; or
(b) a water and sewerage licence; or
(c) a drainage licence; or
(d) a sewage treatment licence; or
25 (e) a water headworks licence.
(2) A person may only apply for a licence in
respect of an area or areas if the Minister has
by notice published in the Government
Gazette and in a newspaper generally
30 circulating in the area or areas concerned,
14
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 4
Act No.
invited applications for a licence of that type
in respect of that area or areas.
(3) An application must be in a form approved
by the Minister and accompanied by such
5 documents as may be determined by the
Minister.
(4) An application must be accompanied by the
application fee (if any) fixed by the Minister.
6. Determination of application
10 (1) Subject to sub-section (2), the Minister may
grant or refuse an application for the issue of
a licence for any reason the Minister
considers appropriate.
(2) The Minister must not grant an application
15 for the issue of a licence unless the Minister
is satisfied that--
(a) the applicant is financially viable; and
(b) the applicant has the technical capacity
to comply with the conditions of the
20 licence; and
(c) the applicant is a Victorian body
corporate or a statutory corporation
within the meaning of the State Owned
Enterprises Act 1992.
25 (3) The Minister must publish a notice in a daily
newspaper generally circulating in
Victoria--
(a) specifying the name of any applicant
for the issue of a licence, the type of
30 licence applied for and the area or areas
in respect of which the application is
made; and
15
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 4
Act No.
(b) inviting interested persons to make
submissions to the Minister in respect
of the application within the period and
in the manner specified in the notice.
5 (4) Subject to this section and any requirements
specified in regulations made for the
purposes of this section under section 184,
the Minister may determine the procedures
that are to apply in respect of the issue of
10 licences.
(5) The Minister must notify an applicant in
writing--
(a) of the decision of the Minister to grant
or refuse to grant the application; and
15 (b) in the case of a decision to refuse to
grant the application, of the reasons for
that decision.
7. Provisions relating to licences
(1) A licence is to be issued for an unlimited
20 term or a specific term as is determined by
the Minister and is specified in the licence.
(2) A person may at the same time hold more
than one licence, whether of the same or
different types.
25 (3) A licence is subject to such conditions as are
determined by the Minister and are specified
in the licence.
(4) Without limiting the generality of sub-
section (3) the conditions may include
30 provisions--
(a) requiring the licensee to pay a specified
charge for the licence;
16
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 4
Act No.
(b) preventing the licensee from engaging
in or undertaking specified business
activities or any other business;
(c) requiring compliance with a Statement
5 of Obligations under section 8.
8. Statement of Obligations
(1) After consultation with the Treasurer and the
Commission, the Minister may--
(a) make and issue a Statement of
10 Obligations to a licensee specifying
obligations of the licensee in
performing its functions and exercising
its powers;
(b) amend, vary or revoke a Statement of
15 Obligations after complying with sub-
section (3).
(2) Without limiting the generality of sub-
section (1), a Statement of Obligations may
include provisions relating to--
20 (a) governance;
(b) quality and performance standards;
(c) community service obligations;
(d) customer and community consultation;
(e) the specifying of--
25 (i) a maximum in relation to the
amount of a payment or amounts
of payments which may be
required from the owner of a
property for the provision of
30 sewerage services to the property
under section 27(1) of the Water
Industry Act 1994; and
17
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 4
Act No.
(ii) the manner in which the payment
or payments are to be made;
(f) failure to comply with any obligations
imposed by a Statement of Obligations;
5 (g) obligations of a licensee with respect to
public authorities;
(h) transitional or savings arrangements in
respect of any matter relating to
existing implied customer contracts
10 under Division 2 of Part 2 as in force
immediately before the commencement
of section 5 of the Water Legislation
(Essential Services Commission and
Other Amendments) Act 2003.
15 (3) The Minister must not amend or vary a
Statement of Obligations unless--
(a) the licensee has agreed to the proposed
amendment or variation; or
(b) the Minister has--
20 (i) given the licensee notice in
writing of the proposed
amendment or variation; and
(ii) considered any written submission
made by the licensee in response
25 to the notice.
(4) The Minister must cause a notice of--
(a) the making and issue of a Statement of
Obligations to a licensee; or
(b) the amendment, variation or revocation
30 of the Statement of Obligations--
to be published in the Government Gazette.
18
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 4
Act No.
(5) If there is any inconsistency between a
provision of a Statement of Obligations and a
provision of a Code, the provision of the
Statement of Obligations prevails.
5 9. Customer dispute resolution
(1) A licence must be issued subject to a
condition requiring the licensee to enter into
a customer dispute resolution scheme
approved by the Commission.
10 (2) A dispute resolution scheme provided for in
accordance with this section is in addition to
and not in derogation of any right of review a
person may have under this Act.
(3) In approving a customer dispute resolution
15 scheme, the Commission must have regard
to--
(a) the objectives of the Commission under
this Act and under the Essential
Services Commission Act 2001; and
20 (b) the need to ensure that the scheme is
accessible to the licensee's customers
and that there are no cost barriers to
those customers using the scheme; and
(c) the need to ensure that the scheme is
25 independent of the members of the
scheme; and
(d) the need for the scheme to be fair and
be seen to be fair; and
(e) the need to ensure that the scheme will
30 publish decisions and information about
complaints received by the scheme so
as to be accountable to the members of
the scheme and the customers of the
scheme members; and
19
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 4
Act No.
(f) the need for the scheme to undertake
regular reviews of its performance to
ensure that its operation is efficient and
effective.
5 (4) The Minister may, in accordance with this
Part, vary any existing licence to include
a condition of a kind referred to in sub-
section (1).
10. Licence charge
10 (1) The charge payable for a licence is as
specified in the licence.
(2) The charge may be--
(a) a fixed sum payable on the grant of the
licence; or
15 (b) periodic payments of the amount and
frequency specified in the licence each
of which may be--
(i) a fixed sum; or
(ii) a sum determined either in whole
20 or in part by reference to--
(A) the turnover of the business;
or
(B) a specified index, for
example an index of prices,
25 costs or charges; or
(iii) a sum determined in any other
manner; or
(c) a combination of any of the charging
methods specified in paragraphs (a)
30 and (b).
20
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 4
Act No.
11. Area of licence
(1) A licensee is permitted to perform its
functions under the licence in respect of the
area or areas specified in the licence.
5 (2) An area may be specified in a licence by
reference to a plan lodged at the Central Plan
Office.
(3) A retail licence may not specify an area that
is specified in, or included within an area
10 specified in, another retail licence of the
same type.
(4) A water headworks licence or a sewage
treatment licence may empower the licensee
to perform functions in respect of an area
15 outside the area or areas specified in it.
(5) No other licensee may perform functions in
respect of an area outside the area or areas
specified in its licence.
12. Variation or revocation of licence
20 (1) A licence or the licence conditions may be
varied--
(a) by agreement between the Minister and
the licensee; or
(b) by a notice in accordance with sub-
25 section (2) served on the licensee.
(2) The Minister must not vary a licence or the
licence conditions by a notice unless the
Minister has--
(a) given the licensee notice in writing of
30 the proposed variation; and
(b) considered any written submission
made by the licensee in response to the
notice.
21
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 4
Act No.
(3) The Minister may revoke a licence in
accordance with the procedures specified in
the licence conditions.
13. Gazettal requirement
5 The Minister must ensure that--
(a) notice of the issue of a licence
including--
(i) the name of the licensee;
(ii) the term of the licence;
10 (iii) the area or areas specified in the
licence and, if any area is
specified by reference to a plan
lodged at the Central Plan Office,
the address of that Office and
15 sufficient information to enable
the identification of the plan;
(iv) the place where a copy of the
licence may be inspected;
(b) notice of a variation or revocation
20 under section 12--
is published in the Government Gazette as
soon as possible after the issue of a licence
or the variation or revocation.
14. Licence not transferable
25 A licence is not transferable.
15. Transitional provision
(1) Despite anything to the contrary in this Act,
the initial licences issued to--
(a) City West Water Ltd, A.C.N.
30 066 902 467;
(b) South East Water Ltd, A.C.N.
066 902 547;
22
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 5
Act No.
(c) Yarra Valley Water Ltd,
A.C.N. 066 902 501--
as in force immediately before the
commencement of section 4 of the Water
5 Legislation (Essential Services
Commission and Other Amendments) Act
2003 are deemed to have been issued under
this Part as in force after that
commencement.
10 (2) This and any other Act applies to a licence
specified in sub-section (1) as if it had been
issued by the Minister.
(3) Without limiting sub-section (2), a licence
issued in accordance with this section may
15 be varied or revoked, or the licence
conditions may be varied, under section 12.
16. Licensees not to represent Crown
The companies referred to in section 15(1),
as licensees, are public authorities if all the
20 shares in them are held by or on behalf of the
State, but they do not represent the Crown.".
5. Division 2 of Part 2 repealed
Division 2 of Part 2 of the Water Industry Act
1994 is repealed.
25 6. Repeal of section 21A
Section 21A of the Water Industry Act 1994 is
repealed.
23
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 7
Act No.
7. Amendment of section 90 of the Water Act 1989
See:
Act No.
After section 90(2) of the Water Act 1989
80/1989.
Reprint No. 6 insert--
as at
4 April 2002
'(3) In sub-sections (1) and (2), "Authority"
and
5 after the commencement of section 7 of the
amending
Act Nos
Water Legislation (Essential Services
5/2002 (as
Commission and Other Amendments) Act
amended by
No. 6/2002),
2003 does not include--
11/2002,
23/2002 and
(a) a Regional Urban Water Authority; or
48/2002.
LawToday:
10 (b) a Rural Water Authority--
www.dms.
dpc.vic.
within the meaning of section 4A of the
gov.au
Water Industry Act 1994.
(4) Sub-sections (1) and (2) as in force before
the commencement of section 7 of the
15 Water Legislation (Essential Services
Commission and Other Amendments) Act
2003 continue to apply in respect of anything
done or omitted to be done by a person who
as at that commencement--
20 (a) is a member of an Authority for the
remainder of the current term of that
member in good faith in the exercise or
purported exercise of a power or the
discharge of a duty under this Act or
25 the regulations whether before or after
that commencement; or
(b) was a member of an Authority in good
faith in the exercise or purported
exercise of a power or the discharge of
30 a duty under this Act or the regulations
before that commencement.'.
24
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 8
Act No.
8. Water Act 1989--new sections 120 and 121 inserted
After section 119 of the Water Act 1989 insert--
"120. Central Gippsland Region Water Authority
(1) Schedule 8 applies to the Central Gippsland
5 Region Water Authority.
(2) The provisions of this Act (including
Schedule 1 and 2 but not including any
Schedule that is expressed to apply to a
specific Authority other than the Central
10 Gippsland Region Water Authority) apply to
the Central Gippsland Region Water
Authority to the extent that they are not
inconsistent with Schedule 8.
(3) Nothing in Schedule 8 prevents the
15 application of Division 2 of Part 6 to the
Central Gippsland Region Water Authority.
121. Validation of actions of Central Gippsland
Region Water Authority in relation to waste
Anything done or purported to have been
20 done under this Act by the Central Gippsland
Region Water Authority before the
commencement of section 8 of the Water
Legislation (Essential Services
Commission and Other Amendments) Act
25 2003 that would have been validly done had
that section been in operation has, and is
deemed always to have had, the same force
and effect as it would have had if that section
had been in operation.".
30 9. Amendment of section 247 of the Water Act 1989
Sections 247(2)(c) and 247(9) of the Water Act
1989 are repealed.
25
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 10
Act No.
10. New Schedule 8 inserted
After Schedule 7 to the Water Act 1989 insert--
'SCHEDULE 8
Section 120(1)
CENTRAL GIPPSLAND REGION WATER
5 AUTHORITY
1. Definitions
In this Schedule--
"the Authority" means the Central Gippsland
Region Water Authority constituted by Order
10 made on 16 December 1994 by the Minister
administering the Water Act 1989 and
published in Special Gazette No. 98 on
19 December 1994;
"waste" includes--
15 (a) trade waste or any sewage, whether that
waste or sewage is untreated, treated or
partially treated; and
(b) any matter that is offensive or injurious
to human life or health; and
20 (c) any ash, coal-dust or matter that may
discolour or impart discolouration to
water; and
(d) any other matter that the Authority by
by-law declares to be waste.
25 2. Additional function of the Authority
The Authority has the function of receiving waste
from any person, whether inside or outside the
sewerage districts managed and controlled by the
Authority, for treatment or disposal by the
30 Authority.'.
26
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 11
Act No.
11. Amendment of the Essential Services Commission Act
2001
(1) In section 3 of the Essential Services
Commission Act 2001, in the definition of
5 "empowering instrument" after paragraph (d)
insert--
"or
(e) a Water Industry Regulatory Order made
under Part 1A of the Water Industry Act
10 1994;".
(2) After section 4(7) of the Essential Services
Commission Act 2001 insert--
"(8) This section does not apply to the regulated
water industry within the meaning of section
15 4A of the Water Industry Act 1994.".
12. Statute law revision
(1) For section 32F(4) of the Water Act 1989
substitute--
"(4) A person whose interests are affected by a
20 decision--
(a) of an Authority under sub-section (3) as
to the amount of compensation payable;
or
(b) of a consultative committee or the
25 Minister under sub-section (1)--
(i) that a specified person must pay
compensation; or
(ii) that no compensation is payable--
may apply to the Tribunal for review of the
30 decision.".
27
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
s. 12
Act No.
(2) For section 58(2)(c) of the Water Act 1989
substitute--
"(c) be accompanied by the application fee, if
any, fixed by the Minister for that kind of
5 licence.".
(3) Section 231(7) of the Water Act 1989 is
repealed.
28
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
Water Legislation (Essential Services Commission and Other
Amendments) Act 2003
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
29
551062B.I1-10/4/2003 BILL LA CIRCULATION 25-10-2004
[Index] [Search] [Download] [Related Items] [Help]