Victorian Consolidated Legislation

National Parks Act 1975 - SECT 32I

Management agreements with managing water authorities

32I. Management agreements with managing water authorities



(1) The Secretary may enter into an agreement with-

   (a)  Melbourne Water Corporation for the management by Melbourne Water
        Corporation of a Melbourne water supply catchment area; or

   (b)  Barwon Water for the management by Barwon Water of the Barwon water
        supply catchment area; or

   (c)  South West Water for the management by South West Water of the South
        West water supply catchment area.

(2) An agreement under subsection (1)-

   (a)  must be in writing; and

   (b)  must be consistent with the objects of this Act and with the duties
        imposed on the Secretary by sections 17(2)(ba), 17(3) and 32H; and

   (c)  may be amended from time to time or terminated by a further written
        agreement between the parties.

(3) An agreement under subsection (1)-

   (a)  must specify those duties, functions and powers imposed on the
        Secretary by or under this Act which may be carried out by the
        managing water authority that has entered into the agreement in
        relation to the designated water supply catchment area to which the
        agreement relates; and



   (b)  must specify those functions and powers of the managing water
        authority which may be performed by the managing water authority in
        relation to the designated water supply catchment area; and

   (c)  may provide for the management and control by the managing water
        authority of any property within the designated water supply catchment
        area; and

   (d)  must contain provisions with respect to-

   (i)  the protection of conservation values within the designated water
        supply catchment area; and

   (ii) fire protection and fire management within the area; and

   (iii) prohibiting and regulating the activities of people within the area
        and access to the area by people; and

   (iv) once-only harvesting of forest produce from those areas shown
        cross-hatched on the plans referred to in Parts 10 and 39 of Schedule
        Two, and the rehabilitation of those areas; and

   (v)  procedures to be followed to prevent or settle disputes concerning the
        management of the area that arise between the parties during the
        currency of the agreement including the submission of any unresolved
        dispute to the Minister, the Minister responsible for the managing
        water authority and (in the case of Melbourne Water Corporation) the
        Minister administering section 17 of the
        State Owned Enterprises Act 1992, for a decision that is to be binding
        on the parties.

(4) It is deemed to be a term of any agreement under subsection (1) that,
despite any other provision of this Act, it is the function of the managing
water authority to determine the policy necessary in a designated water supply
catchment area-

   (a)  to protect the area for the purposes of water supply; and

   (b)  to maintain the water quality of and otherwise protect the water
        resources in the area; and

   (c)  to restrict human activity for the purposes of giving effect to
        paragraphs (a) and (b).