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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Water (Waterway Management Tariffs) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Amendment of section 144 of the Water Act 1989 2
4. Insertion of new section to follow section 260 of the Water Act
1989 2
260A. Limits on power of certain Authorities to set tariffs 2
5. Insertion of new section to follow section 329 of the Water Act
1989 3
330. Transitional provisions for removal of power to set fees
under tariffs 3
NOTES 5
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541014B.I1-26/11/99
PARLIAMENT OF VICTORIA
Initiated in Assembly 24 November 1999
A BILL
to amend the Water Act 1989 to remove the power of Catchment
Management Authorities to set tariffs in respect of certain functions
exercised by those Authorities under the Water Act 1989 and to
provide for transitional arrangements for fees previously imposed by
those Authorities under those tariffs and for other purposes.
Water (Waterway Management Tariffs)
Act 1999
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Water
Act 1989 to remove the power of Catchment
Management Authorities to set tariffs in respect of
5 certain functions exercised by those Authorities
under the Water Act 1989 and to provide for
1
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Water (Waterway Management Tariffs) Act 1999
s. 2
Act No.
transitional arrangements for fees previously
imposed by those Authorities under those tariffs.
2. Commencement
This Act comes into operation on the day on
5 which it receives the Royal Assent.
3. Amendment of section 144 of the Water Act 1989
No. 80/1989. (1) In section 144(1)(d) of the Water Act 1989, after
Reprint No. 5
"waterway management district" insert "and the
as at 18 May
Authority has made provision for regional
1999. Further
amended by
10 drainage or floodplain management services that
No. 22/1999.
are of direct benefit to that land".
(2) In section 144(2)(a) of the Water Act 1989, omit
"except in the case of land within the Authority's
waterway management district,".
15 (3) In section 144(4)(c) of the Water Act 1989, after
"waterway management district" insert "and
which are directly benefited by regional drainage
or floodplain management services provided by
the Authority".
20 4. Insertion of new section to follow section 260 of the
Water Act 1989
After section 260 of the Water Act 1989 insert--
'260A. Limits on power of certain Authorities to set
tariffs
25 (1) A Catchment Management Authority must
not set a tariff in respect of a function the
Authority has under Part 10 other than any
function the Authority has under Division 3
or Division 4 of that Part.
30 (2) In this section "Catchment Management
Authority" means an Authority that has
2
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Water (Waterway Management Tariffs) Act 1999
s. 5
Act No.
functions conferred on it by section 13 of the
Catchment and Land Protection Act 1994
and has a waterway management district.'.
5. Insertion of new section to follow section 329 of the
5 Water Act 1989
After section 329 of the Water Act 1989 insert--
'330. Transitional provisions for removal of
power to set fees under tariffs
(1) Subject to this section, any notice by a
10 Catchment Management Authority declaring
any land to be a serviced property for the
purposes of this Act ceases to have effect on
the commencement of the Water
(Waterway Management Tariffs) Act
15 1999.
(2) The commencement of the Water
(Waterway Management Tariffs) Act 1999
does not affect any right a Catchment
Management Authority had before that
20 commencement to set a tariff and impose a
fee under Division 5 of Part 13 for any
period before 1 July 1999, and the Authority
may continue to collect any unpaid fee under
a tariff which has been imposed in respect of
25 a property before that commencement for
any such period.
(3) If a Catchment Management Authority has,
before the commencement of the Water
(Waterway Management Tariffs) Act
30 1999, set a tariff and imposed a fee under
Division 5 of Part 13 for the period
beginning on 1 July 1999 and ending on 30
June 2000, then--
(a) if that fee or any part of that fee has
35 been paid to the Authority, the
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Act No.
Authority must repay the amount so
paid to the person who paid it; and
(b) if that fee or any part of that fee has not
been paid to the Authority, the
5 Authority is not entitled to collect it.
(4) Any amount required to be repaid to a person
under sub-section (3)(a) is a debt due to the
person by the Authority and may be
recovered in a court of competent
10 jurisdiction.
(5) In this section "Catchment Management
Authority" has the same meaning as in
section 260A.'.
15
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Water (Waterway Management Tariffs) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
5
541014B.I1-26/11/99
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