WATER ACT 1989 No. 80 of 1989 Version incorporating amendments as at 16 September 2009 Water Act 1989 - TABLE OF PROVISIONS Section Page PART 1-PRELIMINARY 1. Purposes 2. Commencement 2A. Construction of references 3. Definitions 4. Power to declare lake, lagoon, swamp or marsh 4A. The Environmental Water Reserve 4B. Environmental Water Reserve Objective 5. Certain provisions to bind Crown 6. Interstate groundwater agreements to prevail over Act 6A. Power to declare water systems PART 2-RIGHTS AND LIABILITIES Division 1-Rights 7. Continuation of the Crown's rights to water 8. Continuation of private rights to water 9. Authority rights to water 10. Right to construct or operate works 11. Allocation of water right on subdivision 12. Authorisation may be conditional 13. Repealed Division 2-Liabilities 14. Application 15. Civil liability for unauthorised taking or use of water or for unauthorised works 16. Liability arising out of flow of water etc. 17. Protection from liability 18. Liability for damage caused by escape of water from private dam 19. Jurisdiction of Tribunal 20. Matters to be taken into account in determining whether flow is reasonable or not reasonable 21. Matters to be taken into account with respect to public works PART 3-ASSESSMENT OF AND ACCOUNTING FOR WATER Division 1-Role of Minister 22. Role of Minister Division 1A-Permissible consumptive volumes 22A. Permissible consumptive volumes Division 1B-Sustainable water strategies 22B. Preparation of a Sustainable Water Strategy 22C. Contents of a Sustainable Water Strategy 22D. Consultative committee-Sustainable Water Strategy 22E. Preparation of a draft Sustainable Water Strategy 22F. Appointment of Panel 22G. Consideration of draft Strategy by the Minister 22H. Publication of Sustainable Water Strategy 22I. Review of Sustainable Water Strategy 22J. Report on Sustainable Water Strategies Division 1C-Long-term water resources assessments 22K. Preparation of a program of long-term water resources assessments 22L. Contents of a long-term water resources assessment 22M. Preparation of a draft long-term water resources assessment 22N. Review by Environment Protection Authority 22O. Consideration and publication of long-term water resources assessment 22P. Review following long-term water resources assessment 22Q. Consultative committee for review 22R. Review process 22S. Reporting of panel 22T. Consideration and publication of review 22U. Annual report on long-term water resources assessment 22V. Program of implementation of review Division 2-Water resources assessment program 23. Powers of Minister in relation to assessment program 24. Drilling for groundwater 25. Giving of information to Minister 26. Reports on assessment program Division 3-Water supply protection areas 27. Declaration of water supply protection area 28. Amendment or abolition of water supply protection area 29. Consultative committee 30. Guidelines for preparation of draft management plans 31. Preparation of draft management plan 32. Overlapping management plans to be taken into account 32A. Management plan 32B. Administration and enforcement of management plan 32C. Report on administration and enforcement of management plan 32D. Public availability of report 32E. Certain plans deemed to be approved management plans 32F. Compensation in certain circumstances 32G. Amendment or revocation of approved management plan 32H. Plan must be available for inspection Division 4-Minister's powers to qualify rights 33. Definitions 33AAA. Temporary qualification of rights to water 33AAB. Permanent qualification of rights to water 33AAC. Procedures applying to qualifications Division 5-State observation bores 33A. Power to enter land 33B. Compensation 33C. Right to take water for domestic and stock use from a State observation bore 33D. Offence to interfere etc. with State observation bore PART 3A-WATER SHARES Division 1-Offence as to taking of water 33E. Offence to take water without authorisation Division 2-Issuing and nature of water share 33F. Issuing and nature of water shares 33G. Matters the Minister must determine in issuing a water share 33H. Matters Minister must specify in issuing water share 33I. Circumstances in which Minister must not issue a share 33J. Matters to be considered in issuing certain water shares 33K. Matters to be considered in issuing water shares on interstate applications Division 3-Application for or sale of water shares 33L. Application for water share 33M. Applications for water shares by holders of interstate right 33N. Minister to defer application where area is proposed to be a water supply protection area 33O. Minister to advise applicant of decision 33P. Sale of water shares by Minister Division 4-Variation of water shares 33Q. Power of Minister to vary water shares 33R. Applications for variation of water shares Division 5-Dealings with water shares 33S. Transfer of ownership of water share 33T. Limited term transfers 33U. Assignment of water allocation 33V. Further assignment of water allocation 33W. Offence to give a transfer or assignment without Ministerial approval 33X. Ministerial approval 33Y. Division of water shares 33Z. Consolidation of water shares Division 6-Surrender and cancellation of water shares 33AA. Surrender of water share 33AB. Cancellation where interstate rights are obtained 33ABA. Cancellation where rights outside declared water system are obtained Division 7-Water allocations 33AC. Water allocations 33AD. Approval for taking of water allocation in subsequent season Division 8-Intrastate and interstate agreements and approvals 33AE. Interstate agreement as to dealings in water rights 33AF. Offence to take interstate water without approval of Minister 33AG. Approval of Minister to taking of interstate water 33AH. Offence to take water under a water allocation outside the associated water system without approval of Minister 33AI. Approval of Minister to taking of water outside water system Division 9-Fees for provision of services to owners of water shares 33AJ. Service provision fees 33AK. Fee to be a charge over water share Division 10-Associated water shares 33AL. Determination as to water share being an associated water share 33AM. Matters to be considered in making of the determination as to associated water shares 33AN. Determination as to cessation as associated water share where no works etc. available 33AO. Revocation of associated water share determination by Minister 33AP. Revocation of associated water share determination on application 33AQ. Applications for and notices of determinations under this Division Division 11-Repealed 33AR. Repealed 33AS. Obligations for water share owners on cessation of ownership or occupation of land 33AT, 33AU Repealed Division 12-Miscellaneous matters as to water shares 33AV. Effect of death of owner of water share or holder of limited term transfer 33AW. Applications under this Part 33AX. Application for Tribunal to review certain decisions of Minister as to water shares 33AY. Time for making application Division 13-Rule making powers of Minister 33AZ. Rule making powers for water shares PART 4-ALLOCATION OF WATER Division 1-Bulk entitlements 34. Definition and disallowance 35. Application of Division 36. Application for bulk entitlement 37. Referral to Governor in Council 38. Advertisement etc. of application 39. Appointment of panel 40. Matters to be taken into account 41. Application to be deferred in certain circumstances 42. Determination of application 43. Order granting entitlement 43A. Appointment of resource managers and environmental managers 44. Amendment of entitlement by Order 44A. Amendment of entitlement where water allocated to environmental entitlement 44B. Cancellation of bulk entitlement where water to be transferred to environmental entitlement 45. Minor amendment of entitlement by notice 46. Transfer of entitlement 46A. Permanent and temporary transfers of bulk entitlements to irrigators 46B. Temporary transfer to person outside Victoria 47. Conversion of existing entitlements 47A. Compliance with terms of bulk entitlement 47B. Minister may request application 47C. Conversion of licences, water shares or water rights to bulk entitlements 47D. Minister may sell unallocated water 47E. Rule making powers for bulk entitlements 48. Register of entitlements Division 1A-Environmental entitlements 48A. Definitions 48B. Allocation of environmental entitlement 48BA. Authorisation of entitlement 48C. Requirements as to making of allocation 48D. Advertisement etc. of request 48E. Appointment of panel 48F. Matters to be considered 48G. Determination of request 48H. Procedures required in determining request 48I. Requirements as to instrument allocating entitlement 48J. Conditions relating to entitlements 48K. Amendment of entitlement by the Minister 48KA. Water allocations may be applied for other environmental entitlements 48L. Assignment of water allocation 48M. Further assignment of water allocation 48N. Offence to give an assignment without Ministerial approval 48O. Ministerial approval 48P. Rule making powers for environmental entitlements 48PA. Applications under this Division 48PB. Power of environment Minister to delegate 48Q. Volume of assignments to be recorded in annual report Division 2-Licences 49. Advertisement etc. of application 50. Appointment of panel 51. Licence to take and use water 51A. Surrender of registration licence 51B. Application to go to certain bodies 51C. Bodies must consider application 52. Repealed 52A. Criteria to determine maximum volume of water use for certain licence applications 53. Matters to be taken into account 54. Minister to defer application in certain circumstances 55. Determination of application 56. Conditions of licence 57. Sale of licence by Minister 58. Renewal of licence 59. Amendment of licence 60. Revocation of licence 61. Surrender of licence 61A. Cancellation of licence where water share obtained in declared water system 62. Transfer of licence 63. Offence 64. Review of decisions 64AAA. Rule making powers for licences under section 51. Division 3-Repealed 64A-64E Repealed Division 4-Periodic amendment of entitlements 64F. Records and reports of transfers 64G. Periodic amendment of bulk entitlement Division 5-Seasonal determinations 64GA. Appointment of Authorities to be responsible for seasonal determinations 64GB. Seasonal determinations by Authorities PART 4A-DELIVERY OF INTERSTATE WATER 64H. Temporary supply of interstate water 64I. By-laws about temporary supply of interstate water PART 4B-WATER-USE LICENCES AND WATER USE REGISTRATIONS Division 1-Offences 64J. Offence to use water for certain purposes on land without licence 64K. Further offence for use of water in certain cases Division 2-Grant of water-use licences 64L. Power to grant water-use licences 64M. Matters to be considered in granting water-use licences 64N. Obligation not to grant licence in certain circumstances 64O. Applications for water-use licences 64P. Form of application 64Q. Referral of application 64R. Licence fees 64S. Change of ownership of specified land Division 3-Water-use objectives for licences 64T. Objectives as to water use 64U. Matters that objectives may provide for 64V. Recommendations by Catchment Management Authorities 64W. Revoking or amending determinations as to objectives 64X. Notification and effect of determinations as to objectives Division 4-Standard water-use conditions for licences 64Y. Standard water-use conditions 64Z. General provisions applying to standard water-use conditions 64AA. Recommendations by Catchment Management Authorities 64AB. Revoking or amending determinations as to standard water-use conditions 64AC. Notification and effect of determinations as to standard water-use conditions Division 5-Particular conditions on licences 64AD. Particular conditions on water-use licences Division 6-Further provisions as to conditions on licences 64AE. Effect of inconsistency between standard water-use conditions and other conditions on licences 64AF. Offence to fail to comply with licence condition Division 7-Variations of licences 64AG. Variation of water-use licences on motion of Minister 64AH. Variation of water-use licence on application of licence holder 64AI. Form of applications for variation Division 8-Suspension, revocation, cancellation and other powers for licences 64AJ. Suspension of water-use licence 64AK. Revocation of water-use licence 64AL. Cancellation of water-use licence on motion of the Minister 64AM. Other powers to cancel water-use licences 64AN. Application for review of Minister's decisions as to licences 64AO. Time period for making an application for review Division 9-Registration of water uses 64AP. Power to register water uses 64AQ. Matters to which a Minister must have regard in registering use 64AR. Applications for water-use registrations 64AS. Change of ownership of land specified in registration 64AT. Condition on water-use registrations as to annual use limit Division 10-Variation, cancellation and other powers as to registration 64AU. Variation of water-use registrations on application 64AV. Cancellation of water-use registration on motion of the Minister 64AW. Other powers to cancel water-use registrations 64AX. Application for review of Minister's decisions as to registrations 64AY. Time period for making an application for review Division 11-Rule making powers of Minister 64AZ. Rule making powers for water-use licences and water-use registrations PART 5-WORKS Division 1-General 65. Advertisement etc. of application 66. Appointment of panel Division 2-Licence to construct works, etc. 67. Licence to construct works etc. 67A. Application to go to certain bodies 67B. Bodies must consider application 68. Matters to be taken into account 69. Determination of application 70. Other permits etc. still necessary 71. Conditions on which licence may be issued 72. Renewal of licence 73. Amendment of licence 73A. Amendment of conditions on works licences 74. Transfer of licence 74A. Annual charge for surveillance etc. 74AA. Licence fees for works licences 75. Offences Division 3-Underground disposal 76. Power of Minister to approve underground disposal 77. Other permits etc. still necessary Division 4-Directions 78. Power of Minister to give directions 79. Power of Minister to give direction to bore occupier 80. Power to give directions concerning dams 80A. Design criteria etc. for re-use dams 81. Power of Minister to carry out works 82. Compensation Division 5-Review of decisions 83. Review of decisions Division 6-Penalties 84. Penalties PART 5A-VICTORIAN WATER REGISTER Division 1-Victorian water register 84A. Object of Part 84B. Purpose of water register 84C. Responsibilities for water register 84D. Form and manner of keeping water register 84E. Disclosure of information Division 2-Registrar 84F. Employment of Registrar and staff 84G. Registrar's functions 84H. Delegation Division 3-Recordings of water shares by the Registrar 84I. What is recorded in the water register about water shares? 84J. Recording of transfers 84JA. Recording of surrender of limited term transfer 84K. Recording of legal personal representatives 84L. Recording of survivor of joint owners of water share 84M. Recording of trustee of bankrupt 84N. Recording of mortgages 84O. Electronic lodgement system 84P. Recording and incorporation of common provisions 84Q. Priority of recordings Division 4-Recordings by the Minister 84R. What is recorded in the water register about water-use licences? 84S. What is recorded in the water register about water-use registration? 84T. What is recorded in the water register about bulk entitlements? 84U. What is recorded in the water register about environmental entitlements? 84V. What is recorded in the water register about works licences? Division 5-Recordings by Authorities 84W. What must an Authority record in the part of the water register for which it is responsible? Division 6-Searching information in the water register 84X. What information is available from the water register? 84Y. Suppression of certain personal records and information 84Z. Rights of review 84ZA. Searching the water register Division 7-Corrections and amendment of water register 84ZB. Correction and amendment of water register 84ZC. Notification of parties Division 8-General 84ZD. Power to require statutory declarations 84ZE. Recording body may require proof of identity 84ZF. Recording body may require production of documents 84ZG. Monetary consideration to be stated in transfer 84ZH. Service of notices 84ZI. Approved forms 84ZJ. Power to remit fees Division 9-Offences and enforcement 84ZK. Certificates and evidentiary effect 84ZL. False or misleading information 84ZM. Making false entries etc. in water register PART 6-WATER CORPORATIONS Division 1-Establishment, restructuring, abolition and administration of water corporations 85. Establishment of water corporations 86. Application of Public Administration Act 2004. 87. Restructuring of water corporations 88. Abolition of water corporations 89. Publication of determinations as to establishment, restructuring and abolition 90. Effect of Schedule 2. 91. Appointment of administrator 91A. Repealed Division 2-Functions, powers, duties and objectives of water corporations 92. Functions, powers and duties of water corporations 93. Sustainable management principles for water corporations 94. Business objective for water corporations Division 3-Boards of directors 95. Board of directors 96. Other duties not affected 97. Appointment of members of board of directors 98. Terms and conditions of appointment of members of board of directors 99. Managing Director 100. When a member of the board of directors of a water corporation ceases to hold office 101. Removal from office of member of the board of directors 101A, 101B Repealed 102. Acting Managing Director 103. Removal of managing director 104. Chairperson 105. Deputy chairperson 106. Acting appointments 107. Validity of decisions 107A. Repealed 108. Improper use of information 109. Effect of pecuniary interests 110. What constitutes a pecuniary interest? 110A. Repealed 111. Pecuniary interest does not prevent voting and consideration of some questions 112. Effect of finding of guilt for offence against section 109. 113. Submission of returns by members of the board and nominated officers 114. Information to be disclosed in primary and ordinary returns 115. Water corporation to maintain register 115A-115R Repealed 116. Contracts of insurance 117. Allowances 118. Expenses 119. Employment of officers of water corporations 120. Meetings and proceedings at meetings of the boards of directors 121. Validity of decisions of board of directors of water corporation 122. Special meetings 122A. Resolutions without meetings Division 4-Other provisions relating to water corporations 122B. Powers of delegation of water corporations 122C. Committees established by the board of directors of a water corporation 122D. Incorporated committees 122E. Regulation making powers Division 5-Particular water corporations 122F. Additional function of Central Gippsland Region Water Corporation PART 6A-DISTRICTS AND LAND MANAGEMENT AREAS Division 1-Continuation of districts 122G. Continuation of districts 122H. Waterway management district of Melbourne Water Corporation 122I. Transfer of assets on inclusion or diminution of land in waterway management district of Melbourne Water Corporation Division 2-New irrigation and waterway management districts 122J. New irrigation districts 122K. New waterway management districts Division 3-New and extended water districts and sewerage districts and extended irrigation districts and waterway management districts 122L. Non-application of Division 122M. Submission of proposal for establishment or extension of district 122N. Restrictions on areas for which proposals for new or extended districts may be made 122O. Form of proposal 122P. Advertising proposal 122Q. Submissions 122R. Final determination of Authority 122S. Ministerial determination 122T. Ministerial declaration 122U. Areas of interest 122V. Advertising proposal for declaration 122W. Powers of Authority in area of interest Division 4-Changes to existing districts 122X. Non-application of Division 122Y. Power of Authorities to change districts 122Z. Power of Minister to change districts Division 5-Environmental and recreational areas 122ZA. Environmental and recreational areas 122ZB. Functions of Authority in area 122ZC. Contributions by public authorities 122ZD. Revenue from land 122ZE. Limitation of exercise of powers under this Division 122ZF. Regulation making powers as to areas PART 6B-DUTIES OF WATER CORPORATIONS Division 1-Customer dispute resolution 122ZG. Customer dispute resolution Division 2-Dividends 122ZH. Dividends Division 3-Repayment of capital 122ZI. Repayment of capital Division 4-Annual report 122ZJ. Information to be included in annual report PART 6C-STORAGE MANAGERS 122ZK. Appointment of storage managers 122ZL. Functions of storage managers 122ZM. Management agreements for water storages 122ZN. Powers for storage managers to charge fees PART 7-GENERAL POWERS 123. Powers of Authorities 124. Particular powers of Authorities 125. Accountability of Authorities 126. Contracts and agreements 127. Commercial ventures 128. Accident insurance 129. Intellectual property 130. Acquisition of land 131. Management of Crown land 132. Other dealings with land 133. Power to enter land 134. Obligations in relation to entry of land 135. Powers under Land Acquisition and Compensation Act 1986. 136. Subdivisional easements and reserves 137. Works on a road 137A. Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock 137B. Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock 137C. Notification of Authorities before rail operations carried out 138. Ownership of works 139. Abandonment of major works 139A. Submission of proposal for approval of the abandonment or decommissioning of major works 139B. Notification of proposal to approve the abandonment or decommissioning of major works 139C. Submissions on proposal 139D. Authority to consider submissions 139E. Appointment of panel by Minister 140. Preparation and inspection of plans 141. Authority may reduce, restrict or discontinue water supply 141A. Circumstances in which Melbourne Water Corporation to continue water supply 142. Water meters 143. Waste and misuse of water supply 144. Serviced properties 144A. Serviced property, Melbourne Water Corporation 145. Control over connections 146. Diversion into works of an Authority 147. Notice to connect 148. Structures over works 149. Removal of trees 150. Notice to repair 151. Notice of contravention 152. Notice of intention to affect works 153. Notice to alter or remove works 154. Determination of disputes 155. Compensation for damage 155A. Compensation for loss of services on declaration of cessation 156. Authority may send water into waterway etc. 157. Liability of Authorities arising out of flow of water 158. Information statements 159. Notice of disposition of land 160. By-laws 161. Repealed 161A. Limitation of exercise of powers under this Part PART 7A-RECONFIGURATION PLANS 161B. Definitions 161C. Contents of reconfiguration plans 161D. Draft plans for reconfiguration of infrastructure 161E. Directions of Minister as to reconfiguration plans 161F. Adoption of reconfiguration plans by Authority 161G. Approval of reconfiguration plans by the Minister 161H. Appointment of Panel 161I. Approval and notification of plan 161J. Termination of services to properties consequent on plans for reconfiguration 161K. Plans by agreement PART 8-WATER SUPPLY Division 1-Authorities with a water district 162. Application of this Division 163. Functions of Authorities 164. Exercise of functions of Authority outside its district 165. Fire plugs and free water 166. Repealed 167. Power to enter land for water supply protection 168. Immediate action for water supply protection 169. Notice of contravention for water supply protection 170. Liability of owners corporation for water supplied to subdivision 170A. Preparation and adoption of permanent water saving plan 170B. Variation of plan 170C. Major deviations from plan 170CA. Requirement to publish permanent water saving plan 170D. Copy of plan 170E. Implementation of plan 170F. Contravention of plan 170G. Inconsistency 171. By-laws 171A. Limitation on power to make by-laws Division 2-Melbourne Water Corporation 171B. Water supply function of Melbourne Water Corporation 171C. System access 171D. Fire plugs and free water-Melbourne Water Corporation 171E. Power to enter land for water supply protection 171F. Notice of contravention for water supply protection 171G. Immediate action for water supply protection 171H. By-laws 171I. Limitation on power to make by-laws PART 9-SEWERAGE Division 1-Authorities other than Melbourne Water Corporation 172. Definitions 173. Functions of Authorities 174. Exercise of functions of Authority outside its district 175. New works 176. Compensation not payable in certain cases 177. Testing etc. of waste 178. Protection of sewers 179. Special sewerage services 180. Septic tank permit applications 181. By-laws about trade waste 182. Enforcement of agreement 183. Powers in relation to septic tanks 184. By-laws about private works and septic tank systems Division 2-Melbourne Water Corporation 184A. Sewerage functions of Melbourne Water Corporation 184B. Application of certain provisions of Division 1 of Part 9. PART 10-WATERWAY MANAGEMENT Division 1-Preliminary 185. Application of this Part 186. Exercise of functions of Authorities 186A. Statements of obligations of Authorities with waterway management functions Division 2-Waterway management 187. Application of Division 188. Designated waterways and designated land or works 188A. Designated waterways, land or works-Melbourne Water Corporation 189. Functions of Authorities 190-192. Repealed 193. Closing of access by Authorities 194. Works that interfere with designated land or works 195. Control over connections and discharges 196. Owner finance 197. Finance for increased use of services Division 3-Regional drainage 198. Application of Division 199. Functions of Authorities 200. Control over diversion of drainage water Division 4-Floodplain management 201. Application of Division 202. Floodplain management functions 203. Declarations by Authorities 204. Adoption of flood level 205. Declarations by the Minister 206. Notice of declarations 207. Review of declarations 208. Control of works and structures 209. Removal of existing works and structures 210. Compensation 211. Indemnities 212. Availability of information Division 5-Water management schemes 213. Functions of the Minister 214. Investigations 215. Water management schemes 216. Approval of schemes 217. Removal or modification of works Division 6-Drainage courses 218. Drainage courses Division 7-By-laws 219. By-laws PART 11-IRRIGATION Division 1-General 220. Definitions and application Division 2-Functions, powers and duties of Authorities 221. Functions of Authorities under this Part 222. General powers and duties of Authorities under this Part Division 3-Specific provisions as to volume and period of delivery 223. Authority to determine volumes and periods of delivery 224. Variation of delivery determinations on application 225. Variation of delivery determination on motion of Authority 226. Determination to transfer volume or periods Division 4-Conditions and Ministerial directions as to delivery 227. Authority to fix terms and conditions for the service of delivering water 228. Ministerial directions Division 5-Miscellaneous 229. Declaration that property not to be serviced property 230. Form of applications under this Part Division 6-Powers to reduce etc. delivery service 231. Authority may reduce, restrict or discontinue delivery of water 232. Repealed PART 12-ACCESS OVER LANDS 233. Definitions and application 234. Access by agreement 235. Access without agreement 236. Registration of right of access 237. Revocation or variation of right of access 238. Maintenance of works 239. Breaking up roads in maintaining etc. works 240. Penalty for obstructing works 241. Notice that right of access is sought over public land 242. Joint rights of access 243. Costs of investigations 244. Community drainage and salinity schemes 245. Powers of committee 246. Powers of Corporation and councils for community schemes PART 13-FINANCE AND ACCOUNTABILITY Division 1-Corporate plans 247. Corporate plans 248. Statement of corporate intent: contents 249. Inspection of corporate plans 250. Board to notify Minister and Treasurer of significant affecting events etc. 251. Report on achievement of corporate plan Division 2-Repealed Division 3-Funds of Authorities 252. Use of income 253. Investment 253A. Payments by Treasurer in 1997/98. Division 4-Borrowing 254. Borrowing powers of Authorities 255. Securities and guarantees 256. Investment by public bodies Division 5-Payment for services 257. Definitions 258. Properties subject to tariff 259. Tariffs 260. Setting a tariff 260A. Limits on power of certain Authorities to set tariffs 261. Valuation equalisation factor 262. Valuations 263. Supplementary valuations 264. Power to charge 264A. Authority may charge for securing bulk entitlements 265. Charges for property that is not rateable 266. Application for review Division 6-Owner finance 266A. Definition 267. Operation of Division 268. Authority may require payment 269. Contributions for increased services 270. Payments on connection 271. Review of required payments 272. Authority may require further payment 273. When payment is due Division 7-Payment and recovery of money 273AA. Application of Division 273A. Occupiers liable for costs based on water supplied 273B. Authority must read meter when tenant arrives and departs 274. Payment to Authorities 275. Person who acquires property is liable 276. Authority may require occupier to pay rent to it 277. Recovery as between owner and occupier 278. Disposal of property for unpaid contributions, fees and other amounts 279. Application of proceeds 280. Sale or transfer cancels encumbrances 281. Interest on unpaid money Division 7A-Payment and recovery of money owed to Melbourne Water Corporation 281A. Agreements with respect to collection of fees under tariffs 281B. Recovery of fees under tariffs 281C. Inspection of rate records Division 8-Concessions and exemptions 282. Deferred payment 283. Waiver 284. Reimbursement by State Division 9-Contributions from councils and other Authorities 285. Pre-requisites for requirement of contribution 286. Authorities may require contributions from councils and other Authorities 287. Authorities may require special contributions Division 10-Impact minimisation works charges 287A. Minister may require payment of charge Division 11-Recovery of fees etc. under Part 3A. 287B. Disposal of water shares for unpaid contributions, fees and other amounts 287C. Application of proceeds 287D. Sale or transfer cancels encumbrances PART 13A-PROCESS FOR TRANSFER OF PROPERTY ETC. OF AUTHORITIES 287E. Definitions 287F. Application to Minister for approval of transfer proposal 287G. Amendment of allocation statement 287H. Property transferred in accordance with allocation statement 287I. Staff transferred in accordance with allocation statement 287J. Allocation of property etc. subject to encumbrances 287K. Certificate of managing director 287L. Value of transferred property 287M. Substitution of party to agreement 287N. Former transferor instruments 287O. Proceedings 287P. Interests in land 287Q. Easements 287R. Amendment of Register 287S. Taxes 287T. Evidence 287U. Validity of things done under this Part PART 13B-PROCEDURES FOR MAKING BY-LAWS Division 1-Preliminary 287V. Definitions 287W. Authorities required to use certain procedures when making by-laws Division 2-Procedure for making by-laws using model by-laws 287X. Requirements for Minister when issuing model by-laws 287Y. Minister to give notice of proposed model by-law 287Z. Inspection of proposed model by-law 287ZA. Submissions on model by-laws 287ZB. Issuing of model by-laws 287ZC. Making and giving of notice of making of by-law using model by-law Division 3-Procedure for making by-laws not using model by-laws 287ZD. Obligation of Authorities when exercising by-law making power 287ZE. Authority to give notice of proposed by-law 287ZF. Inspection of proposed by-law 287ZG. Submissions on by-laws 287ZH. Consideration and Ministerial approval 287ZI. Making and giving of notice of making Division 4-General 287ZJ. Effect of by-laws 287ZK. Inspection of by-laws 287ZL. Automatic revocation of by-laws PART 14-ENFORCEMENT Division 1-General offences 288. Interference etc. with Authority's property 289. Wrongful taking etc. of water 290. Uncovering or exposing works 291. Trespass Division 2-Enforcement of water restrictions 291A. Appointment of authorised water officers 291B. Identification of authorised water officers 291C. Offence to impersonate authorised water officer Division 3-Powers of authorised water officers 291D. Authorised water officer may require person to state name and address Division 4-Further enforcement provisions 292. Offence of obstructing etc. officers 293. Power to require person to state name and address 294. Occupier or manager required to state owner's etc. name and address 295. Higher penalty for certain offences in certain circumstances 295A. Power to issue infringement notices 296. Prosecutions 297. Offences by corporations and partnerships etc. 298. Application of penalties 299. Civil remedies not affected by bringing of proceeding 300. Proof of certain matters not required 301. General evidentiary provisions 302. Use of analyst's certificate in prosecutions 303. Authentication of documents 304. Service of documents on an Authority 305. Service of documents by an Authority PART 14A-VICTORIAN WATER TRUST ADVISORY COUNCIL 305AA. Definition 305BB. Establishment of Victorian Water Trust Advisory Council 305CC. Functions of the Council 305DD. Powers of the Council 305EE. Constitution of the Council 305FF. Terms and conditions of appointment of members 305GG. Temporary vacancies 305HH. Meetings PART 15-GENERAL 305A. Application to Tribunal for declaration 305B. Matters Tribunal must take into account in review proceedings 305C. Incorporation of documents in certain orders or other instruments 305D. Validation of certain orders or other instruments 306. Power of Minister to delegate 307. Power of Minister to give directions 307A. Reimbursement of cost of complying with directions 308. Power of Minister to exempt 309. Powers of Minister in enforcing Parts 4 and 5. 310. Establishment of Drillers' Licensing Board 311. Application for licence 312. Board may grant licence 313. Licences may be revoked or suspended 314. Register of licences 315. Term of licence 316. Requirement that licensed driller carry out work 317. Appeals 318. Advisory committees established by Minister 319. Department Head 320. Authorities as at the passing of this Act 321. Officers appointed or transferred to Authorities 322. Guidelines as to terms and conditions of employment 323. Saving of rights of public servants appointed to Authorities 323A. Supreme Court-limitation of jurisdiction 324. Regulations 324A. Powers to make regulations as to elections 325. Repeals 325A. Effect of Schedule 15. 326. Savings and transitionals 327, 328. Repealed 329. Repeal of Victorian Water and Sewerage Authorities Association Act 330. Transitional provisions for removal of power to set fees under tariffs 330A. Effect of Schedule 16. 331. Transitional provisions-Water (Irrigation Farm Dams) Act 2002. 332. Transitional and validation provision-Longwarry Drainage Trust 333. Amendment of Register __________________ SCHEDULE 1-Water Corporations and Former Water Authorities SCHEDULE 2-Transitional Provisions Applying on Restructuring or Abolition of Water Corporations 1. Definitions 2. Membership of board of directors on restructuring or abolition 3. Transfer of assets on restructuring or abolition 4. Transfer of staff 5. Amendment of Register 6. Continuation of by-laws on restructuring or abolition SCHEDULE 3-Particular Powers of Melbourne Water Corporation 4, 5-Repealed SCHEDULE 6-First Mildura Irrigation Trust 1. Repealed 2. Definitions 3. Enrolment to vote 3A. Entitlement to vote 3B. Eligibility to stand for election 4-4B. Repealed 4C. Register to show water rights 4D. Abolition of other water rights in irrigation district 4E-6. Repealed 7. Conditions of subdivision of land 8. Repealed 9. Meetings of persons to whom the Authority provides services 7-12-Repealed SCHEDULE 12A-Recording Mortgages of Water Shares 1. Recording of mortgages 2. Variation of recorded mortgage of water share 3. Variation of priority of recorded mortgages 4. Transfer of recorded mortgage 5. Procedure in case of default in payment of money secured or covenant 6. Power of sale under a recorded mortgage 7. Notifying the Registrar 8. Application of purchase money 9. Vesting of water share in purchaser 10. Recording of discharge of recorded mortgage SCHEDULE 12B-Electronic Transactions In the Water Register 1. Registrar may provide electronic lodgement network 2. Restriction on lodgement of electronic instruments 3. Agents for lodging electronic documents must be eligible persons 4. Registrar may deal exclusively with responsible party 5. Notification of recording 6. Evidence of recording of electronic document 7. Electronic lodgement network malfunction 8. Registrar may require production of documents 9. Registrar may specify matters to be certified 10. Evidence of electronic documents 11. Electronic certification of electronic documents SCHEDULE 13-Repeals SCHEDULE 14-Savings and Transitionals SCHEDULE 15-Transitional Arrangements-Water (Resource Management) Act 2005. PART 1-GENERAL 1. Definitions 2. Non-application of certain provisions to non-declared water systems PART 2-CONVERSION OF PART 11 RIGHTS 3. Definition 4. Conversion of water right and domestic and stock right (prior joint right) 5. Conversion of water right only (prior water right) 6. Conversion of domestic and stock allowance (prior domestic and stock right) 7. Prior 222(1)(c) sales water agreements 8. Holdings to which no rights apply 9. Other interest holders 10. Water share deemed to be associated water share 11. Application of section 64AE. 12. Properties deemed to be serviced properties PART 3-CONVERSION OF OTHER RIGHTS 13. Conversion of take and use licences 14. Prior 222(1)(d) sales water agreements 15. Water share deemed to be associated water share 16. Conversion of temporary transfers PART 4-DETERMINATION OF PORTIONS OF OWNERSHIP OF WATER SHARES 17. Determination of portions generally 18. Determination of portions on conversion of take and use licences 19. Arbitration 20. Procedure and findings of arbitration 21. Matters to be taken into account in making finding 22. Notification of award of arbitration 23. Registrar to register ownership in accordance with the award of the arbitrator PART 5-MORTGAGES 24. Application of Part 25. Mortgagee notices and agreements 26. Conversion of mortgages PART 6-MISCELLANEOUS CONVERSION ISSUES 27. Works licences 28. Continuing operation of registration licences under section 51(1A) 29. References to rights 30. Amendment of bulk entitlements PART 7-UNCONFIRMED WATER SHARES 31. Unconfirmed water shares 32. Dealings in unconfirmed water shares PART 8-CONVERSION PROCEDURES 33. Conversion Rules 34. Disclosure of information for purposes of conversion 35. Offence to provide false or misleading information PART 9-TARIFFS, FEES AND CHARGES Division 1-Fees under tariffs 36. Definitions 37. Power of Authority to require payment after appointed day 38. Application of fees by Authorities after the appointed day 39. Evidentiary provision, fees under Part 13. Division 2-Charges under section 264. 40. Power of Authority to require payment after appointed day 41. Application of fees under section 264 by an Authority after the appointed day 42. Evidentiary provision, fees under section 264. Division 3-Fees under Part 4 of this Act 43. Power of Authority to require payment after appointed day 44. Application of fees under Part 4 of this Act by the Minister after the appointed day 45. Evidentiary provision, fees under Part 4 of this Act PART 10-MISCELLANEOUS PROVISIONS 46. Transitional provisions-Water (Resource Management) Act 2005. SCHEDULE 16-Transitional Arrangements Water (Governance) Act 2006. PART 1-PRELIMINARY 1. Definitions PART 2-TRANSITIONAL ARRANGEMENTS- AUTHORITIES 2. Water Corporations deemed to be the same body as pre-dating Authorities 3. Immunity of certain members of water corporations 4. By-laws PART 3-TRANSITIONAL AND SAVINGS-MELBOURNE WATER CORPORATION 5. Melbourne Water Corporation deemed to be the same body as pre-dating Corporation 6. Ownership of works 7. Designated land or works 8. Main drains 9. Statutory easements 10. Continuation of operation of by-laws 11. Transfer of sewerage or drainage reserves in certain subdivisions to Corporation 12. Building lines 13. Serviced properties 14. Saving of certain entitlements to water PART 4-MISCELLANEOUS TRANSITIONAL PROVISIONS 15. References to storage operators 16. Saving of certain regulations --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Water Act 1989 - PART 1 PART 1 PRELIMINARY Water Act 1989 - SECT 1 Purposes 1. Purposes This Act has the following purposes- (a) to re-state, with amendments, the law relating to water in Victoria; (b) to provide for the integrated management of all elements of the terrestrial phase of the water cycle; (c) to promote the orderly, equitable and efficient use of water resources; (d) to make sure that water resources are conserved and properly managed for sustainable use for the benefit of present and future Victorians; (e) to maximise community involvement in the making and implementation of arrangements relating to the use, conservation or management of water resources; (f) to eliminate inconsistencies in the treatment of surface and groundwater resources and waterways; (g) to provide better definition of private water entitlements and the entitlements of Authorities; (h) to foster the provision of responsible and efficient water services suited to various needs and various consumers; (i) to provide recourse for persons affected by administrative decisions; (j) to provide formal means for the protection and enhancement of the environmental qualities of waterways and their in-stream uses; (k) to provide for the protection of catchment conditions; (l) to replace many forms of detailed administrative supervision of Authorities with general supervision by the Minister, through approved corporate plans and express directions; (m) to continue in existence and to protect all public and private rights to water existing before the commencement of the relevant provisions of this Act. Water Act 1989 - SECT 2 Commencement 2. Commencement (1) This Act (except sections 328 and 329) comes into operation on 1 September 1991 or an earlier day or days to be proclaimed. (2) Section 328 comes into operation on the day on which this Act receives the Royal Assent. (3) Section 329 must be taken to have come into operation on 6 July 1988. Water Act 1989 - SECT 2A Construction of references 2A. Construction of references Until the commencement of section 154 of the Local Government Act 1989- (a) a reference to section 154 of the Local Government Act 1989 in sections 258(1), 265, 286(2) and 287(2) and clause 6 of Schedule 5 and clause 11(2) of Schedule 8 is to be construed as a reference to section 251 of the Local Government Act 1958; (b) a reference to section 154(2)(a) of the Local Government Act 1989 in section 258(2) is to be construed as a reference to section 251(1)(a)(ii) of the Local Government Act 1958; (c) a reference to "the provisions of the Local Government Act 1989 about rates" in section 286(6) and clause 11(6) of Schedule 8 is to be construed as a reference to "the provisions of the Local Government Act 1958 about rates"; (d) a reference to "within the meaning of the Local Government Act 1989" in clause 2 of Schedule 6 is to be construed as a reference to "within the meaning of the Local Government Act 1958". Water Act 1989 - SECT 3 Definitions 3. Definitions (1) In this Act- * * * * * analyst means an analyst approved by an Authority to carry out analyses on behalf of the Authority for the purposes of this Act; annual use limit, in relation to- (a) a water-use licence, means the maximum volume of water that in any 12 month period may be applied to the land specified in the licence under a condition on the licence imposed under section 64AD, or as determined in accordance with the conversion rules applicable to the licence (as the case requires); and (b) a water-use registration, means the maximum volume of water that may be used on the land specified in the registration in any 12 month period under a condition on the registration imposed under section 64AT or as determined in accordance with the conversion rules applicable to the registration (as the case requires); approved form, in Part 5A, means a form approved by a recording body; aquifer means a geological structure or formation or an artificial land fill permeated or capable of being permeated permanently or intermittently with water; area of interest, in relation to a water corporation, means an area of land that is declared to be an area of interest under section 122U; area of land liable to flooding means an area that is declared by the Minister under section 205 to be an area of land liable to flooding; associated water share means a water share that has been determined to be an associated water share under Division 10 of Part 3A; associated water system, in relation to a water share, means the declared water system determined by the Minister under section 33G to be the water system for which the share is issued; authorised, in relation to any act, means authorised (whether generally or specifically) by this or any other Act or by a licence, permit or other authority granted under this or any other Act and, in determining whether or not the construction of a dam is authorised, no account is to be taken of any direction given under section 80(1) or (2) or of the fact that any such direction has been complied with; authorised person means a person authorised in writing by an Authority for the purpose of the provision in which the expression appears; authorised water officer means a person appointed as an authorised water officer under section 291A; Authority means a water corporation or a Catchment Management Authority; biosolids means stabilised organic solids derived from the treatment of sewage; board of directors means- (a) in relation to a water corporation, the board of directors established under Division 3 of Part 6 for that corporation; and (b) in relation to a Catchment Management Authority, the board established under Division 4 of Part 2 of the Catchment and Land Protection Act 1994 for that Authority; bore means any bore, well or excavation or any artificially constructed or improved underground cavity used or to be used for the purpose of- (a) the interception, collection, storage or extraction of groundwater; or (b) groundwater observation or the collection of data concerning groundwater; or (c) the drainage or desalination of any land; or (d) in the case of a bore that does not form part of a septic tank system, the disposal of any matter below the surface of the ground; or (e) the recharge of an aquifer- but does not include a bore that is used solely for purposes other than those specified in paragraphs (a), (b) and (d); building line means a building line that is declared by an Authority under section 203(1); bulk entitlement- (a) in relation to any Authority, means a bulk entitlement granted under Division 1 or 3 of Part 4 or referred to in paragraph (aa), (a) or (b) of section 35(2); and (b) in relation to an Authority that has an irrigation district specified in column 1 of Schedule 11, means the entitlement specified in column 2 of that Schedule; and (c) in relation to the First Mildura Irrigation Trust, means the entitlement granted under section 71(1) of the Mildura Irrigation Trusts and Sunraysia Water Board Act 1958 and continued under this Act; Catchment Management Authority means an Authority within the meaning of the Catchment and Land Protection Act 1994; Central Gippsland Region Water Authority means the Central Gippsland Region Water Authority constituted by Order made on 16 December 1994 by the Minister and published in the Government Gazette on 19 December 1994; central plan office means the Central Plan Office of the Department of Sustainability and Environment; Coliban water district- (a) includes any property that was, immediately before the commencement of this section, supplied with water from the Coliban system and any property that is so supplied on or after the commencement; and (b) does not include any property referred to in paragraph (a) that, on or after that commencement, ceases to be supplied with water from the Coliban system; * * * * * Council has the same meaning as in the Local Government Act 1989; dam means anything in which by means of an excavation, a bank, a barrier or other works water is collected, stored or concentrated; * * * * * declared water system means a water system that has, under a declaration under section 6A become a declared water system; Department means the Department of Sustainability and Environment; Department Head means the Department Head (within the meaning of the Public Administration Act 2004) of the Department; designated land means land that- (a) in relation to an Authority, other than Melbourne Water Corporation, is declared under section 188 as designated land; and (b) in relation to Melbourne Water Corporation, is designated land under section 188A; designated waterway means a waterway that- (a) in relation to an Authority, other than Melbourne Water Corporation, is declared under section 188 as a designated waterway; and (b) in relation to Melbourne Water Corporation, is a designated waterway under section 188A; designated works means works that- (a) in relation to an Authority, other than Melbourne Water Corporation, are declared under section 188 as designated works; and (b) in relation to Melbourne Water Corporation, are designated works under section 188A, or are declared as designated works under that section; * * * * * domestic and stock use, in relation to water, means use for- (a) household purposes; or (b) watering of animals kept as pets; or (c) watering of cattle or other stock; or (ca) in the case of the curtilage of a house 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 (d) irrigation of a kitchen garden- but does not include use for dairies, piggeries, feed lots, poultry or any other intensive or commercial use; domestic partner of a person means- (a) in sections 110 and 114- (i) a person who is in a registered relationship with the person; or (ii) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person- (A) for fee or reward; or (B) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); (b) in section 128- (i) a person who is in a registered relationship with the person; or (ii) a person to whom the person is not married but with whom the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender); * * * * * environment Minister means the Minister administering Part 4 of the Catchment and Land Protection Act 1994; Environment Protection Authority has the same meaning as Authority has under the Environment Protection Act 1970; environmental entitlement means an entitlement under Division 1A of Part 4; financial year, in relation to an Authority, means the year ending 30 June, unless the Minister determines otherwise for that particular Authority; First Mildura Irrigation Trust means the water corporation known as First Mildura Irrigation Trust; flood fringe area means an area of land that is declared by an Authority under section 203(1) to be a flood fringe area; flood level means a flood level that is declared by an Authority under section 203(1); floodway area means an area of land that is declared by the Minister under section 205 to be a floodway area; flow, in relation to water, includes discharge, release, escape, percolation, seepage and passage, and includes both surface and underground flow; groundwater means any water occurring in or obtained from an aquifer and includes any matter dissolved or suspended in any such water; * * * * * * * * * * houseboat means any boat containing a toilet or sleeping accommodation or capable of containing enclosed or semi-enclosed sleeping accommodation; in-stream uses, in relation to water, includes- (a) the maintenance of aquatic, riparian, floodplain and wetland ecosystems; and (b) the maintenance of aesthetic, scientific and cultural values; and (c) water-based recreational activities; and (d) fishing for commercial purposes; and (e) the maintenance of water quality; and (f) navigation; irrigation means the application of water to land- (a) for the purpose of watering plants (other than in connection with domestic and stock use, plant nursery use or other prescribed uses); or (b) any other prescribed agricultural purposes; irrigation district, in relation to an Authority, means- (a) any district that the Authority is deemed to have as an irrigation district under Division 1 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; and (b) any district that is declared to be an irrigation district of the Authority under Division 2 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; irrigation period means any period fixed by by-law or (if the period does not exceed 12 months) fixed by the Authority by resolution published in a newspaper circulating generally in the area concerned, in respect of which an irrigation charge is made; kitchen garden means a garden- (a) that is used solely in connection with a dwelling; and (b) no produce from which is sold; and (c) in the case of a garden irrigated solely with surface water that is not part of an allotment that was alienated from the Crown before 15 December 1886, that is not bigger than 0×1 hectares; and (d) in the case of a garden irrigated with both surface water and groundwater that is not part of an allotment that was alienated from the Crown before 15 December 1886, that is not bigger than 0×4 hectares; and (e) in the case of a garden irrigated solely with groundwater, that is not bigger than 0×4 hectares; and (f) in the case of a garden that is part of an allotment that was alienated from the Crown before 15 December 1886, that is not bigger than 1×2 hectares; Latrobe Valley means, subject to subsection (2), the municipal districts of the shires of Buln Buln, Mirboo, Morwell, Narracan, Rosedale, Traralgon and Warragul and the cities of Moe, Sale and Traralgon, and the Yallourn works area; licensed driller means a person who holds a licence granted under section 312; licensee means the holder of a licence issued under Division 1 of Part 2 of the Water Industry Act 1994; limited term transfer, in relation to a water share, means the transfer of a right to future water allocations for a limited period under the share under section 33T; Melbourne Water Corporation means the water corporation known as Melbourne Water Corporation; * * * * * mineral water means groundwater which in its natural state contains carbon dioxide and other soluble matter in sufficient concentration to cause effervescence or impart a distinctive taste; municipal district, in relation to a Council, has the same meaning as in the Local Government Act 1989; Murray-Darling Basin Agreement has the same meaning as Agreement has in the Murray-Darling Basin Act 1993; nominated officer means each senior officer of a water corporation who is nominated by the water corporation; non-declared water system means a water system that is not a declared water system; * * * * * occupier- (a) in relation to any bore that is being constructed or altered, means the holder of a licence issued under section 67 in respect of the bore; and (b) in relation to any bore that is not being constructed or altered means- (i) the holder of a licence issued under section 51 in respect of the bore; or (ii) any person disposing of any matter by means of the bore in accordance with an approval given under section 76; or (iii) if there is no such licensee or person, the occupier of the land on which the bore is situated; permanent water saving plan means a plan prepared, adopted and (where the case so requires) varied under Part 8; permissible consumptive volume, in relation to- (a) an area or water system; and (b) a period of time- specified in an Order under section 22A, means the volume specified in that Order for that area or water system for that period; person includes a body or association (corporate or unincorporated) and a partnership; pollute, in relation to any water, means to alter (directly or indirectly) the physical, thermal, chemical, biological or radioactive properties of the water so as to make the water- (a) less fit for any beneficial purpose for which it is, or may reasonably be expected to be, used; or (b) harmful or potentially harmful to- (i) the health, welfare or safety of human beings; or (ii) animals, birds, wildlife, fish or other aquatic life; or (iii) plants or other vegetation; or (iv) other organisms; private dam means anything in which by means of an excavation, a bank, a barrier or other works water is collected, stored or concentrated but does not include- (a) anything owned or operated by a public statutory body; or (b) any works of an Authority or a licensee; or (c) a channel, drain or pipe; or (d) a bore; public statutory body includes a council; recording body means- (a) in relation to water shares, the Registrar; (b) in relation to water-use licences, water-use registrations, works licences under section 67(1), bulk entitlements and environmental entitlements, the Minister; (c) in relation to the matters referred to in section 84C(3), an Authority; recycled water means water derived from sewage or trade waste that has been treated for the purposes of re-use; * * * * * * * * * * Registrar means the person employed under Part 5A to be the Registrar of the water register; registration licence means a licence issued under section 51(1A); related body corporate has the same meaning as in the Corporations Act; related person means a person who is related to another person in accordance with any of the following provisions- (a) natural persons are related persons if one of them is a relative of the other; (b) companies are related persons if they are related bodies corporate within the meaning of the Corporations Act; (c) a natural person and a company are related persons if the natural person is a majority shareholder or director of the company or of another company that is a related body corporate of the company within the meaning of the Corporations Act; (d) a natural person and a trustee are related persons if the natural person is a beneficiary of the trust (not being a public unit trust scheme) of which the trustee is a trustee; (e) a company and a trustee are related persons if the company, or a majority shareholder or director of the company, is a beneficiary of the trust (not being a public unit trust scheme) of which the trustee is a trustee; relative in relation to a natural person, means a person who is- (a) a child or remoter lineal descendant of the person or of the partner of the person; (b) a parent or remoter lineal ancestor of the person or of the partner of the person; (c) a brother or sister of the person or of the partner of the person; (d) the partner of the person or a partner of any person referred to in paragraph (a), (b) or (c); (e) a child of a brother or sister of the person or of the partner of the person; (f) a brother or sister of a parent of the person or of a parent of the partner of the person; return period, in relation to the ordinary return of a member of the board of directors of a water corporation or a nominated officer in section 114, means- (a) if the last return of the member or nominated officer was a primary return, the period between the date of the primary return and the next 30 June; or (b) if the last return of the member or nominated officer was an ordinary return, the period between the date of the ordinary return and the next 30 June; seasonal determination in relation to a water system, means a determination for that system made under section 64GB; * * * * * septic tank system means a system for the bacterial, biological, chemical or physical treatment of sewage, and includes all tanks, beds, sewers, drains, pipes, fittings, appliances and land used in connection with the system; serviced property means- (a) a property in respect of which a notice under section 144(1) or 179(3) of this Act or section 64(1) of the Water Industry Act 1994 is published, on and from the date specified in the notice; or * * * * * (c) a property in respect of which, before the commencement of this section, a notice under section 162, 207(1) or 207A(1) of the Water Act 1958 had been published; or (d) a property that was, immediately before the commencement of this section, a sewered property under the Sewerage Districts Act 1958; or (e) a property in respect of which, before the commencement of this section, a rate had been levied under section 76 or 163 of the Water Act 1958; or (f) a property that was, immediately before the commencement of this section, supplied with water from the Coliban system; or (g) a property that was, immediately before the commencement of this section, within the Koo Wee Rup or Loch Garry flood protection district; (h) in relation to the waterway management district of Melbourne Water Corporation, means any land that is serviced property under section 144A; sewage means any human excreta or domestic waterborne waste, whether untreated or partially treated, but does not include trade waste; sewer means any pipe, channel, tunnel or other conduit which is constructed or provided for the conveyance of sewage or trade waste and is vested in or owned by an Authority; sewerage district, in relation to an Authority, means- (a) any district that the Authority is deemed to have as a sewerage district under Division 1 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; and (b) any district that is declared to be a sewerage district of the Authority under Division 3 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; spouse of a person means a person to whom the person is married; standard water-use condition means a condition determined by the Minister under Division 4 of Part 4B; 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 2002, by or on behalf of the Department that is used or intended to be used to monitor the level, quantity or quality of groundwater; storage manager means- (a) where an Authority is appointed under Part 6C as a storage manager, the Authority in relation to any land for which it is so appointed; (b) in any other case, an Authority where it is exercising the functions of a storage manager under Part 8; trade waste means- (a) any waterborne waste (other than sewage) which is suitable, according to the criteria of an Authority, for discharge into the Authority's sewerage system; or (b) any other matter which is declared by a by-law made under this Act to be trade waste; Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; water means water, whether or not it contains impurities; water allocation- (a) in relation to an environmental entitlement, means the volume of water determined under a seasonal determination to be available for the entitlement; (b) in relation to a water share, means the amount of water allocated to the water share at any particular time, in accordance with Division 7 of Part 3A; water allocation assignment, in relation to a water share, means an assignment of the water allocation for the share under section 33U or section 33V; water corporation means a water corporation established or re-structured under Division 1 of Part 6; water district, in relation to an Authority, means- (a) any district that the Authority is deemed to have as a water district under Division 1 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; and (b) any district that is declared to be a water district of the Authority under Division 3 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; water register means the Victorian water register established under Part 5A; water season means any period of 12 calendar months beginning on 1 July in any year and ending on 30 June in the following year; water share means a water share issued under Division 2 of Part 3A; water supply protection area means an area declared to be a water supply protection area by an Order made under section 27(1); water-use licence means a licence granted under Division 2 of Part 4B; water-use objective means an objective determined by the Minister under Division 3 of Part 4B; water-use registration means a registration granted under Division 9 of Part 4B; waterway means1- (a) a river, creek, stream or watercourse; or (b) a natural channel in which water regularly flows, whether or not the flow is continuous; or (c) a channel formed wholly or partly by the alteration or relocation of a waterway as described in paragraph (a) or (b); or (d) a lake, lagoon, swamp or marsh, being- (i) a natural collection of water (other than water collected and contained in a private dam or a natural depression on private land) into or through or out of which a current that forms the whole or part of the flow of a river, creek, stream or watercourse passes, whether or not the flow is continuous; or (ii) a collection of water (other than water collected and contained in a private dam or a natural depression on private land) that the Governor in Council declares under section 4(1) to be a lake, lagoon, swamp or marsh; or (e) land on which, as a result of works constructed on a waterway as described in paragraph (a), (b) or (c), water collects regularly, whether or not the collection is continuous; or (f) land which is regularly covered by water from a waterway as described in paragraph (a), (b), (c), (d) or (e) but does not include any artificial channel or work which diverts water away from such a waterway; or (g) if any land described in paragraph (f) forms part of a slope rising from the waterway to a definite lip, the land up to that lip; waterway management district, in relation to an Authority, means- (a) any district that the Authority is deemed to have as a waterway management district under Division 1 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; and (b) any district that is declared to be a waterway management district of the Authority under Division 3 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; works includes- (a) reservoirs, dams, bores, channels, sewers, drains, pipes, conduits, fire plugs, machinery, equipment and apparatus, whether on, above or under land; and (b) works described in section 10, whether on, above or under land; and (c) fencing; Yallourn works area has the same meaning as in Part III of the State Electricity Commission Act 1958. (1A) If under the Public Administration Act 2004 the name of the Department of Sustainability and Environment is changed, the reference in the definition of department and Department Head in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. (2) The Minister may, by notice published in the Government Gazette- (a) declare any area to be included in the Latrobe Valley; and (b) declare any area to be excluded from the Latrobe Valley. (3) For the purposes of the definition of domestic partner in subsection (1)- (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants. * * * * * Water Act 1989 - SECT 4 Power to declare lake, lagoon, swamp or marsh 4. Power to declare lake, lagoon, swamp or marsh (1) The Governor in Council may on the recommendation of the Minister, by Order published in the Government Gazette, declare a collection of water (other than water collected and contained in a private dam or a natural depression on private land) to be a lake, lagoon, swamp or marsh. (2) The Minister must not recommend to the Governor in Council the making of a declaration under subsection (1) unless- (a) the Minister is satisfied that- (i) the declaration has been applied for by a person who, if the collection of water was a lake, lagoon, swamp or marsh, would have the right to take and use water from it under section 8(1); and (ii) the applicant has caused notice of the application to be published in a newspaper circulating generally in the area in which the water is situated; and (iii) the applicant has caused notice of the application to be given or sent by post to- (A) the owner and occupier of the land on which the water is situated; and (B) the council in whose municipal district the water is situated; and (C) the responsible authority in relation to a planning scheme for the area in which the water is situated; and (b) the Minister has considered any submissions made on the application within the period of 60 days after the publication or giving of notice of the application under paragraph (a)(ii) or (a)(iii), whichever is the later. (3) The Minister may require further information with respect to an application to be provided by the applicant or an Authority. (4) The Governor in Council may on the recommendation of the Minister, by Order published in the Government Gazette at the same time as a declaration under subsection (1), require a person who- (a) owns land on which the declared collection of water is situated; or (b) who will benefit from the declaration- to pay the amount of compensation specified in the Order to another person who- (c) owns land on which the declared collection of water is situated; or (d) will suffer detriment from the declaration. (5) A copy of an Order made under subsection (4) must be given or sent by post to any Authority or person affected by the Order. (6) A person whose interests are affected by a decision of the Governor in Council to make an Order under subsection (1) or (4) may apply to the Tribunal for review of the decision. (7) 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 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 under section 46(5) of that Act that a statement of reasons will not be given. Water Act 1989 - SECT 4A The Environmental Water Reserve 4A. The Environmental Water Reserve (1) The environmental water reserve comprises water that is set aside for the environment- (a) as an environmental entitlement; and (b) through the operation of- (i) conditions on any bulk entitlement, or any licence, permit or authority issued under this or any other Act, or regulations made under this or any other Act; and (ii) any management plan under this Act; and (iii) any other provision of this Act, the Murray-Darling Basin Act 1993 or the Groundwater (Border Agreement) Act 1985 or any regulations made under this Act or those Acts. (2) In this Act a reference to the environmental water reserve is a reference to any water to which subsection (1) applies. Water Act 1989 - SECT 4B Environmental Water Reserve Objective 4B. Environmental Water Reserve Objective (1) The environmental water reserve objective is the objective that the environmental water reserve be maintained so as to preserve the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and quality of water and the other uses that depend on environmental condition. (2) In this Act a reference to the environmental water reserve objective is a reference to the objective set out in subsection (1). Water Act 1989 - SECT 5 Certain provisions to bind Crown 5. Certain provisions to bind Crown The following provisions of this Act bind the Crown not only in right of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities- (a) sections 12, 15 and 16; (b) section 23; (c) section 63; (d) sections 75, 76, 78, 79, 80(3), 80(4) and 81; (e) sections 141, 143, 145, 148(1), 149, 150, 151, 153 and 154; (f) section 178; (g) sections 194, 195, 200, 208 and 218; (h) sections 265, 268 to 270 and 281; (i) sections 288 to 290. Water Act 1989 - SECT 6 Interstate groundwater agreements to prevail over Act 6. Interstate groundwater agreements to prevail over Act (1) Every power, discretion, function, authority and duty of the Minister, the Authority and 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 (b) the Murray-Darling Basin Act 1993 and the Murray-Darling Basin Agreement. (2) A purported exercise of a power, discretion, function, authority or duty by the Minister, an Authority or the Tribunal is of no effect to the extent that it is inconsistent with an agreement referred to in subsection (1). (3) An agreement referred to in subsection (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, 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 subsection (1). Water Act 1989 - SECT 6A Power to declare water systems 6A. Power to declare water systems (1) The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette, make a declaration that, on the day specified in the declaration, a water system becomes a declared water system. (2) A declaration under subsection (1)- (a) must not be amended, unless to correct any clerical, factual or other inadvertent mistake in the declaration; and (b) must not be revoked. (3) Before making a declaration under subsection (1), the Minister must consult with- (a) the Authority or Authorities responsible for the supply of water from the water system to which the declaration relates; and (b) the Registrar. _______________ Water Act 1989 - PART 2 PART 2 RIGHTS AND LIABILITIES Division 1-Rights Water Act 1989 - SECT 7 Continuation of the Crown's rights to water 7. Continuation of the Crown's rights to water (1) The Crown has the right to the use, flow and control of all water in a waterway and all groundwater2. (2) Subject to subsection (3), the right of the Crown to the use, flow and control of all water referred to in subsection (1) is not diminished by the fact that- (a) by or under this or any other Act rights to water are conferred on other persons; or (b) under this Act the Minister may issue licences for the taking or use of water; or (c) under this or any other Act approval may be given for works or activities that affect the use, flow or control of water. (3) The Crown must not exercise a right conferred by subsection (1) so as to limit a right to water conferred on any other person by section 8(1)(b), (c) or (d) or section 8(4)(c). (4) Despite anything to the contrary in this or any other Act- (a) a right to water must not be conferred on another person by or under this or any other Act; and (b) a licence for the taking or use of water must not be issued by or under this or any other Act; and (c) an approval must not be given for works or activities that affect the use, flow or control of water under this or any other Act- unless regard is had to the need to maintain the environmental water reserve in accordance with the environmental water reserve objective. Water Act 1989 - SECT 8 Continuation of private rights to water 8. Continuation of private rights to water (1) A person has the right to take water, free of charge, for that person's domestic and stock use from a waterway or bore to which that person has access- (a) by a public road or public reserve; or (b) because that person occupies the land on which the water flows or occurs; or (c) in the case of a waterway, because that person occupies land adjacent to it and the bed and banks of the waterway have remained the property of the Crown by virtue of section 385 of the Land Act 19583 or any corresponding previous enactment; or (d) subject to section 33C, in the case of a bore, because that person occupies it. (2) If required to do so by the regulations, a person taking water under subsection (1) must give the Minister, in accordance with the regulations, written notice of the amount taken. (3) A person has the right to use- (a) water taken by that person from a waterway or bore under a right conferred by subsection (1); or (b) while it is within the waterway or bore, water which that person has the right to take under subsection (1). (4) A person has the right to use- (a) water taken or received by that person in accordance with a licence or other authority issued to that person under this Act or any corresponding previous enactment; or (b) water lawfully taken or received by that person from the works of an Authority or of any other person; or (c) rainwater or other water that occurs or flows (otherwise than in a waterway or bore) on land occupied by that person or, with the permission of the other person, on land occupied by another person. (5) Water referred to in subsection (4)(c) may be used for any purpose and on any land. (5A) Subsections (4)(c) and (5) do not apply to the use, other than domestic and stock use, of 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). (6) A right conferred by this section is limited only to the extent to which an intention to limit it is expressly (and not merely impliedly) provided in- (a) this Act, any regulations or by-laws under this Act, or any permission, authority or agreement made under this Act; or (b) any other Act or in any permission or authority granted under any other Act; or (c) the conditions of a licence issued under this Act; or (d) the prescriptions contained in an approved management plan drawn up under Division 3 of Part 3 for a water supply protection area. (7) The rights to water conferred by or under this Act on a person who has an interest in land replace any rights4- (a) to take or use water; or (b) to obstruct or deflect the flow of water5; or (c) to affect the quality of any water; or (d) to receive any particular flow of water; or (e) to receive a flow of water of any particular quality- that the person might otherwise have been able to enforce against the Crown or any other person because of, or as an incident to, that interest. (8) This section does not authorise any act or omission that may- (a) cause any water to be polluted; or (b) obstruct the flow of any water in a waterway; or (c) erode or otherwise damage the surrounds of any waterway. Water Act 1989 - SECT 9 Authority rights to water 9. Authority rights to water (1) An Authority within the meaning of Division 1 of Part 4 has the right to take the amounts of water that are made available to it- (a) under a bulk entitlement granted under that Division or Division 3 of Part 4 or under Part 11; or * * * * * * * * * * (d) under any other entitlement, licence or right under this Act. (2) An Authority referred to in subsection (1) has the right to use water taken by it under a right conferred by subsection (1)- (a) in the case of an Authority referred to in paragraph (a) or (b) of the definition of Authority in section 34, for any purpose connected with the exercise of its functions under this Act or the Local Government Act 1989, as the case requires; (b) in the case of the Melbourne and Metropolitan Board of Works, for any purpose connected with the exercise of its functions under the Melbourne and Metropolitan Board of Works Act 1958; (c) in the case of SEC, VENCorp, a distribution company, a transmission company or a generation company within the meaning of the Electricity Industry Act 2000, for any purpose connected with the exercise of its functions or powers; (d) in the case of an Authority referred to in paragraph (e) or (f) of the definition of Authority in section 34, for any public purpose; (e) in the case of water taken under an entitlement granted under Part 11 or any corresponding previous enactment, for any purpose connected with the exercise of its functions under that Part. (3) The right conferred by subsection (1) is limited only to the extent to which an intention to limit it is expressly (and not merely impliedly) provided in- (a) this Act; or (b) any other Act; or (c) the conditions attached to the bulk entitlement. Water Act 1989 - SECT 10 Right to construct or operate works 10. Right to construct or operate works (1) An Authority or any other person may, in accordance with this Act, construct or operate works for, or which may result in- (a) the drainage of any land; or (b) the collection, storage, taking, use or distribution of any water; or (c) the obstruction or deflection of the flow of any water. (2) The right conferred by subsection (1) is limited only to the extent to which an intention to limit it is expressly (and not merely impliedly) provided in- (a) this Act; or (b) any other Act; or (c) the provisions of a licence issued, or entitlement granted, under this or any other Act. Water Act 1989 - SECT 11 Allocation of water right on subdivision 11. Allocation of water right on subdivision (1) If- (a) at the commencement of this section a right is conferred on a person by section 8(1)(b) or (c) to take water from a waterway because that person occupies land on which the water flows or occurs or land adjacent to the waterway; and (b) on or after that commencement that land is subdivided- only the person who occupies one of the subdivided lots has, after the subdivision, the right conferred by that section. (2) The subdivided lot the occupier of which has the right to take water from the waterway, must- (a) have the waterway flowing or occurring on it; or (b) be adjacent to the waterway. (3) The Minister may, on the application of the subdivider, exempt a subdivision from subsections (1) and (2) and allocate the right or part of it to all or any of the subdivided lots. (4) The Minister may require an applicant under subsection (3) to give notice of the application in any manner specified by the Minister. (5) A notice given under subsection (4) may invite submissions on the application to be made in the manner specified in the notice within the period specified in the notice. (6) The Minister may appoint a panel of persons to consider submissions made on an application under subsection (3). (7) Subsections (2) to (6) of section 50 apply to a panel appointed under subsection (6) as if the reference in subsection (3) of that section to a notice given under section 49(2) were a reference to a notice given under subsection (4) of this section. (8) In considering an application under subsection (3), the Minister must have regard to- (a) the report of any panel appointed under subsection (6); and (b) the matters mentioned in paragraphs (b) to (l) of section 40(1) as if the reference in paragraph (e) to the applicant were a reference to the occupiers of the subdivided lots; and (c) any other matter that the Minister thinks fit to have regard to. (9) In considering an application under subsection (3), the Minister must give effect to an approved management plan for any relevant water supply protection area. Water Act 1989 - SECT 12 Authorisation may be conditional6 12. Authorisation may be conditional6 (1) An Authority, a public statutory body or any other person that has power under this or any other Act to authorise or permit any activity, or any change in the use of land, that may affect the existing drainage regime- (a) must make the authorisation or permission subject to any conditions that, in the opinion of the Authority, body or other person, are required to ensure the conservation of waterways, wetlands and aquifers; and (b) may withhold the authorisation or permission until any works are carried out, or any measures undertaken (including the payment of compensation), that are required by the Authority, body or other person for avoiding or lessening any possible adverse effect of the granting of the authorisation or permission. (2) In subsection (1), drainage regime means all physical and hydrological circumstances that may affect drainage in a catchment, including the use of land but not including any circumstances arising from works that are unlawfully carried out or from any unlawful use of the land. (3) The failure of an Authority, a public statutory body or other person to comply with subsection (1)(a) does not invalidate any authorisation or permission granted by that Authority, body or other person. * * * * * Division 2-Liabilities Water Act 1989 - SECT 14 Application 14. Application Sections 15 and 16 apply whether the taking, using, polluting, constructing, maintaining, operating or interfering occurred before or after the commencement of this section. Water Act 1989 - SECT 15 Civil liability for unauthorised taking or use of water or for unauthorised works7 15. Civil liability for unauthorised taking or use of water or for unauthorised works7 (1) A person who- (a) takes water in an unauthorised manner or in unauthorised quantities; or (b) uses water in an unauthorised manner or for an unauthorised purpose; or (c) pollutes water, whether or not authorised to do so; or (d) constructs, maintains or operates any unauthorised works- and by that act causes injury to any other person or damage to the property (whether real or personal) of any other person or causes any other person to suffer economic loss is liable to pay damages to that other person in respect of that injury or damage. (2) Paragraph (c) of subsection (1) does not apply to the discharge of saline matter in accordance with by-laws made under section 160(1)(d) of this Act or regulations made under section 50(d) of the Water Industry Act 1994 and all other necessary authorisations. (3) Paragraph (d) of subsection (1) does not apply to any injury, damage or loss to which section 16 applies. Water Act 1989 - SECT 16 Liability arising out of flow of water etc.8 16. Liability arising out of flow of water etc.8 (1) If- (a) there is a flow of water from the land of a person onto any other land; and (b) that flow is not reasonable; and (c) the water causes- (i) injury to any other person; or (ii) damage to the property (whether real or personal) of any other person; or (iii) any other person to suffer economic loss- the person who caused the flow is liable to pay damages to that other person in respect of that injury, damage or loss. (2) If- (a) a person interferes with a reasonable flow of water onto any land or by negligent conduct interferes with a flow of water onto any land which is not reasonable; and (b) as a result of that interference water causes- (i) injury to any other person; or (ii) damage to the property (whether real or personal) of any other person; or (iii) any other person to suffer economic loss- the person who interfered with the flow is liable to pay damages to that other person in respect of that injury, damage or loss. (3) If the person who caused, or interfered with, the flow (as the case requires)- (a) is the servant of another person and acted in the course of the servant's employment; or (b) is the agent of another person and acted within the scope of the agent's authority- that other person is liable to pay damages in respect of the injury, damage or loss. (4) The existence of a liability under subsection (3) does not extinguish the liability of the servant or agent under subsection (1) or (2), as the case requires. (5) If the causing of, or the interference with, the flow (as the case requires) was given rise to by works constructed or any other act done or omitted to be done on any land at a time before the current occupier became the occupier of the land, the current occupier is liable to pay damages in respect of the injury, damage or loss if the current occupier has failed to take any steps reasonably available to prevent the causing of, or the interference with, the flow (as the case requires) being so given rise to. (6) The existence of a liability under subsection (5) extinguishes the liability under subsection (1) of the person who caused the flow or the liability under subsection (2) of the person who interfered with the flow (as the case requires). Water Act 1989 - SECT 17 Protection from liability9 17. Protection from liability9 (1) A person does not incur any civil liability in respect of any injury, damage or loss caused by water to which section 16 or 157 of this Act or section 74 of the Water Industry Act 1994 applies except to the extent provided by this Act. (2) Sections 15 and 16 do not create any liability in respect of a flow of water from the works (including any dam) of an Authority in the exercise of a function under Part 8, Division 2, 3 or 5 of Part 10 or Part 11 or any corresponding previous enactment or of a licensee in the exercise of a function under its licence. (3) Nothing in this section takes away from the power of a court to make an order against a person under section 86 of the Sentencing Act 1991 with respect to an offence under the Environment Protection Act 1970. Water Act 1989 - SECT 18 Liability for damage caused by escape of water from private dam 18. Liability for damage caused by escape of water from private dam Nothing in section 17 extinguishes the liability at common law of the owner of a private dam for any damage caused by the escape of water from that dam. Water Act 1989 - SECT 19 Jurisdiction of Tribunal 19. Jurisdiction of Tribunal (1) The Tribunal has jurisdiction in relation to all causes of action (other than any claim for damages for personal injury) arising under sections 15(1), 16, 17(1) and 157(1) of this Act or at common law in respect of the escape of water from a private dam. * * * * * (3) In exercising jurisdiction conferred by subsection (1), the Tribunal- (a) may by order, whether interim or final, grant an injunction (including one to prevent an act that has not yet taken place) if it is just and convenient to do so; or (ab) may make an order for payment of a sum of money awarding damages in the nature of interest; or (b) may make an order that is merely declaratory. (3A) Nothing in subsection (3) takes away from or affects the Tribunal's powers under section 123 or 124 of the Victorian Civil and Administrative Tribunal Act 1998. (4) In awarding damages in the nature of interest, the Tribunal may base the amount awarded on the interest rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 or on any lesser rate that it considers appropriate. (5) The Tribunal may in respect of any works that give rise to a cause of action of a kind referred to in subsection (1) make any order with respect to- (a) compensation for damage to land; or (b) the continuation, removal or modification of works; or (c) payment of the costs of the removal or modification of works- that it considers appropriate. * * * * * (8) Nothing in this section prevents a person from bringing before a court a claim for damages for personal injury based on a cause of action of a kind referred to in subsection (1). (9) In determining a cause of action arising under section 15(1), 16, 17(1) or 157(1) of this Act the Tribunal must apply to the questions of causation and remoteness of damage the same tests as a court would apply to those questions in an action based on negligence. (10) Subject to subsection (8), a proceeding based on a cause of action of a kind referred to in subsection (1) must not be brought otherwise than before the Tribunal. Water Act 1989 - SECT 20 Matters to be taken into account in determining whether flow is reasonable or not reasonable 20. Matters to be taken into account in determining whether flow is reasonable or not reasonable (1) In determining whether a flow of water is reasonable or not reasonable, account must be taken of all the circumstances including the following matters- (a) whether or not the flow, or the act or works that caused the flow, was or were authorised; (b) the extent to which any conditions or requirements imposed under this Act in relation to an authorisation were complied with; (c) whether or not the flow conforms with any guidelines or principles published by the Minister with respect to the drainage of the area; (d) whether or not account was taken at the relevant time of the likely impact of the flow on drainage in the area having regard to the information then reasonably available about the cumulative effects on drainage of works and activities in the area; (e) the uses to which the lands concerned and any other lands in the vicinity are put; (f) the contours of the lands concerned; (g) whether the water which flowed was- (i) brought onto the land from which it flowed; or (ii) collected, stored or concentrated on that land; or (iii) extracted from the ground on that land- and if so, for what purpose and with what degree of care this was done; (h) whether or not the flow was affected by any works restricting the flow of water along a waterway; (i) whether or not the flow is likely to damage any waterway, wetland or aquifer. (2) In taking account of the matters specified in subsection (1), greater weight must be attached to the matters specified in paragraphs (a), (b), (c) and (d) than to the other specified matters. (3) An Authority that has a waterway management function in the area to which a proceeding before the Tribunal relates may make a submission to the Tribunal on the matters specified in paragraphs (c), (d) and (i) of subsection (1). Water Act 1989 - SECT 21 Matters to be taken into account with respect to public works 21. Matters to be taken into account with respect to public works If the Crown, an Authority, a licensee or a public statutory body is the owner or has the management and control of any works which interfere, or may interfere, with the reasonable flow of water, in determining whether those works should be continued, removed or modified, account must be taken of all the circumstances including the following matters- (a) the circumstances, state of scientific knowledge and knowledge of local conditions at the time the works were constructed; (b) the nature and position of the works; (c) the likely effects and costs of continuing, removing or modifying the works; (d) the nature of any interest in land affected by the works and the effect on that interest of continuing, removing or modifying the works. _______________ Water Act 1989 - PART 3 PART 3 ASSESSMENT OF AND ACCOUNTING FOR WATER Division 1-Role of Minister Water Act 1989 - SECT 22 Role of Minister 22. Role of Minister (1) The Minister- (a) must make sure that a continuous program of assessment of the water resources of the State is undertaken; and (ab) must make sure that a program of long-term water resources assessments is undertaken in accordance with this Act; and (ac) must make sure that a program of sustainable water strategies is undertaken for the State in accordance with this Act; and (b) subject to and in accordance with this Act, may allocate the available water resources; and (c) may require an assessment of the environmental water reserve to be carried out. (2) The water resources assessment program must provide for the collection, collation, analysis and publication of information about- (a) the availability of water, including surface water and groundwater; and (ab) the use of one water source as a substitute for another water source; and (ac) the environmental water reserve; and (b) the disposal of wastewater (including trade waste, sewage and saline water); and (c) the use and re-use of water resources; and (d) floodwaters; and (e) drainage and waterway management; and (f) water quality (including salinity); and (g) in-stream uses of water; and (ga) current and historic levels of allocation and use of surface water and groundwater; and (gb) current and historic condition of waterways and aquifers; and (h) anything else that the Minister decides is appropriate. (2A) The Minister must make sure that information about the water resources assessment program is published every 5 years by- (a) making the information available for inspection, during business hours, free of charge at the office of the Department Head; and (b) making the information available on the Department's website. (3) Water may be allocated by the Minister under- (aa) an environmental entitlement; or (a) a bulk entitlement granted to an Authority under Division 1 or 3 of Part 4; or (ab) a water share; or (b) a licence to take and use water issued under section 51; or * * * * * (4) An Authority that has an irrigation district specified in column 1 of Schedule 11 has, subject to section 223(3), a bulk entitlement for that district to the amount of water specified in column 2 of that Schedule. (5) The First Mildura Irrigation Trust has a bulk entitlement equal to the entitlement granted to it under section 71(1) of the Mildura Irrigation Trusts and Sunraysia Water Board Act 1958 and continued under this Act. (6) The Minister may, by Order published in the Government Gazette set rules with respect to the adjustment of volumes to be applied to transfers, whether permanent or temporary, of water rights in non-declared water systems. (7) The Minister may amend or revoke an Order made under subsection (6), in the same manner in which the Order is made under that subsection. Division 1A-Permissible consumptive volumes Water Act 1989 - SECT 22A Permissible consumptive volumes 22A. Permissible consumptive volumes (1) The Minister may, from time to time, by Order published in the Government Gazette, declare, in respect of an area or a water system specified in the Order, that the total volume of- (a) both surface water and groundwater; or (b) surface water only; or (c) groundwater only- that may be taken in the area or from the water system (whether for use in that area or water system or elsewhere) under this or any other Act, during the period specified in the Order, must not exceed the volume specified in the Order for that period. (1A) The Minister may, by Order published in the Government Gazette, revoke an Order made under subsection (1). (2) If- (a) an annual reserve volume of 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 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 subsection (1) of this section must not affect the 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 subsection (1) on the Minister's initiative or at the request of an Authority. (3A) The Minister must not make a declaration under subsection (1) unless the Minister has first consulted with the Minister administering Part 4 of the Catchment and Land Protection Act 1994. (4) In this section, area includes a sub-surface stratum of land or geological formation. Division 1B-Sustainable water strategies Water Act 1989 - SECT 22B Preparation of a Sustainable Water Strategy 22B. Preparation of a Sustainable Water Strategy The Minister may cause a Sustainable Water Strategy to be prepared for a region of the State determined by the Minister. Water Act 1989 - SECT 22C Contents of a Sustainable Water Strategy 22C. Contents of a Sustainable Water Strategy (1) A Sustainable Water Strategy must provide for the strategic planning of the use of water resources in the region to which it applies- (a) to identify threats to the reliability of supply and quality of water for both environmental and consumptive uses in the region; and (b) to identify ways to improve and set priorities for improving the reliability of supply and quality of water, including managing demand for water, and investing in infrastructure for the supply of recycled water; and (c) to identify ways to improve and set priorities for improving the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; and (d) to identify ways to increase and set priorities for increasing the volume of water in the environmental water reserve to improve the environmental values and health of water ecosystems; and (e) include an implementation plan, setting out timelines or targets for implementing key actions identified by the strategy. (2) A Sustainable Water Strategy must take into account- (a) the results of any long-term water resources assessment undertaken under Division 1C; (b) any relevant strategy or statement of policy or plan prepared under this Act, the Catchment and Land Protection Act 1994, the Flora and Fauna Guarantee Act 1988, the Heritage Rivers Act 1992, the Planning and Environment Act 1987 or the Environment Protection Act 1970; (c) the principles set out in sections 1B to 1L of the Environment Protection Act 1970. Water Act 1989 - SECT 22D Consultative committee-Sustainable Water Strategy 22D. Consultative committee-Sustainable Water Strategy (1) The Minister must appoint a consultative committee to advise the Minister on- (a) the preparation of each Sustainable Water Strategy; and (b) the matters the strategy must provide for under section 22C(1); and (c) any other matter requested by the Minister relating to the preparation of the Strategy. (2) The Minister must make sure that, so far as it is possible, the membership consists of persons who have knowledge or experience in the matters to be covered in a Sustainable Water Strategy. Water Act 1989 - SECT 22E Preparation of a draft Sustainable Water Strategy 22E. Preparation of a draft Sustainable Water Strategy In preparing a draft Sustainable Water Strategy, the Minister must- (a) consult with the consultative committee appointed by the Minister under section 22D; (b) give notice of the preparation of the Strategy to any Authority whose interests the Minister considers are likely to be affected by the Strategy; (c) publish notice of the undertaking of the strategy and the preparation of the Strategy in a local newspaper circulating generally in the area to which the Strategy applies; (d) make the draft Strategy available for inspection by the public for at least 2 months after its preparation; (e) publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally in the region which will be affected by the Strategy stating where and when the draft Strategy can be inspected and inviting public comment by a set date; (f) consider any comments made by the set date; (g) consider any comments of any panel appointed under section 22F; (h) make any appropriate changes to the draft Strategy. Water Act 1989 - SECT 22F Appointment of Panel 22F. Appointment of Panel (1) The Minister may, by instrument, appoint a panel of persons to consider comments made under section 22E(f) on a draft Strategy, and the persons appointed to the panel must be persons who have knowledge of or experience in the matters that the panel is to consider. (2) Subject to anything specified by the Minister in the instrument of appointment of the panel, a panel may regulate its own proceedings. (3) After considering all comments referred to it, the panel must report its findings to the Minister within the period specified by him or her. (4) The panel may include in its report any recommendations that it thinks fit. (5) A member of the panel is entitled to be paid any fees and allowances fixed by the Governor in Council. (6) The Minister is not bound by the report of the panel under this section. (7) The Minister must make a copy of any report of the panel available for inspection by the public within 1 month after it is received by the Minister. Water Act 1989 - SECT 22G Consideration of draft Strategy by the Minister 22G. Consideration of draft Strategy by the Minister (1) The Minister must consider the draft Strategy and may- (a) endorse the Strategy; or (b) endorse the Strategy with any amendments the Minister considers appropriate; or (c) refuse to endorse the draft strategy. (2) Before making a decision under subsection (1) the Minister must- (a) consider a report of any panel prepared on the draft Strategy under section 22F; and (b) make any such report available to the public under section 22F(7). Water Act 1989 - SECT 22H Publication of Sustainable Water Strategy 22H. Publication of Sustainable Water Strategy The Minister must make sure that a Sustainable Water Strategy is published as soon as practicable after it is endorsed under section 22G by- (a) making a copy of the Strategy available for inspection, during business hours, free of charge at- (i) the office of the Department Head; and (ii) the office of the Department located in the region to which the Strategy applies; and (b) making a copy of the Strategy available on the Department's website; and (c) publishing a notice of the availability of the copy of the Strategy in a newspaper circulating generally in the area to which the Strategy applies. Water Act 1989 - SECT 22I Review of Sustainable Water Strategy 22I. Review of Sustainable Water Strategy (1) The Minister must review a Sustainable Water Strategy- (a) if the findings of a long-term water resources assessment undertaken under this Part have any impact on the Strategy; or (b) at the end of 10 years following the endorsement of the Strategy. (2) The Minister may review a Sustainable Water Strategy at any time. (3) A review under this section must determine whether or not the timelines and targets in the implementation plan of the Strategy being reviewed have been met. (4) The procedures that apply to the making of a Sustainable Water Strategy under this Division apply, with any necessary modifications to the review of a Sustainable Water Strategy. Water Act 1989 - SECT 22J Report on Sustainable Water Strategies 22J. Report on Sustainable Water Strategies (1) A report on any current Sustainable Water Strategies and on any current draft Strategies must be included in each annual report of the Department. (2) A report under subsection (1) must- (a) specify the measures being taken to implement the Strategy; and (b) identify the priorities that apply to actions required by the implementation plan. Division 1C-Long-term water resources assessments Water Act 1989 - SECT 22K Preparation of a program of long-term water resources assessments 22K. Preparation of a program of long-term water resources assessments The Minister must cause a program of the preparation of long-term water resources assessments to be commenced- (a) by the end of 12 years from the commencement of section 14 of the Water (Resource Management) Act 2005; and (b) after that, by the end of the twelfth year in each consecutive 15 year period, where the first such period commences immediately after the fifteenth anniversary of the commencement of section 14 of the Water (Resource Management) Act 2005. Water Act 1989 - SECT 22L Contents of a long-term water resources assessment 22L. Contents of a long-term water resources assessment A long-term water resources assessment must identify whether or not either or both of the following has occurred- (a) there has been any decline in the long-term availability of surface water or groundwater and whether the decline has fallen disproportionately on the environmental water reserve or on the allocation of water for consumptive purposes; (b) there has been any deterioration in waterway health for reasons related to flow. Water Act 1989 - SECT 22M Preparation of a draft long-term water resources assessment 22M. Preparation of a draft long-term water resources assessment In preparing a draft long-term water resources assessment, the Minister must- (a) give notice of the undertaking of the preparation of the assessment and the process by which the assessment will be carried out to any Authority whose interests the Minister considers are likely to be affected by the assessment; (b) publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally in the area to which the assessment applies stating when and where the draft assessment can be inspected and inviting public comment by a set date; (c) make the draft assessment available for inspection by the public for at least 2 months after its preparation; (d) consider any comments made by the set date; (e) consider any comments made by the Environment Protection Authority in a review under section 22N; (f) make any appropriate changes to the draft assessment. Water Act 1989 - SECT 22N Review by Environment Protection Authority 22N. Review by Environment Protection Authority (1) The Minister must cause the draft assessment to be submitted to the Environment Protection Authority for a review of- (a) the methods and criteria adopted to carry out the assessment; and (b) any other matter required by the Minister. (2) In reviewing the draft assessment the Environment Protection Authority must review- (a) the methodology adopted to carry out the draft assessment; and (b) whether or not the data used in the draft assessment was the best data available; and (c) whether or not the conclusions reached in the draft assessment are supported by the methodology and data; and (d) any other matter required by the Minister. (3) At the completion of the review, the Environment Protection Authority must- (a) report its findings to the Minister; (b) make a copy of its report available on the Authority's website. (4) The Environment Protection Authority must ensure that the report under subsection (3)(a) is made within the period specified by the Minister, which must be not later than 4 months after the draft assessment is submitted to the Authority under subsection (1). Water Act 1989 - SECT 22O Consideration and publication of long-term water resources assessment 22O. Consideration and publication of long-term water resources assessment (1) The Minister, after considering the report of the Environment Protection Authority under section 22N, may- (a) endorse a long-term water resources assessment; or (b) endorse a long-term water resources assessment with any amendments the Minister considers appropriate; or (c) refuse to endorse a long-term water resources assessment. (2) As soon as practicable after completing a long term water resources assessment, the Minister must- (a) make a copy of the assessment and the review of the assessment by the Environment Protection Authority available for inspection, during business hours, free of charge at the offices of the Department located in the region to which the assessment applies; and (b) make a copy of the assessment available on the Department's website; and (c) publish a notice of the availability of the copy of the assessment in a newspaper circulating generally in the area to which the assessment applies. (3) If a long-term water resources assessment has not been completed within 12 months of the publication of a notice under section 22M(a) for that assessment, the Minister must, on publication of the assessment, publish reasons for the delay in the preparation of the assessment. Water Act 1989 - SECT 22P Review following long-term water resources assessment 22P. Review following long-term water resources assessment If, in the opinion of the Minister, a long-term water resources assessment has identified- (a) a decline in the long-term availability of surface water or groundwater which has a disproportionate effect on the environmental water reserve or on the allocation of water for consumptive purposes; or (b) a deterioration in waterway health for reasons related to flow- the Minister must cause a review to be undertaken to determine the action that is required to be taken- (c) to restore the balance between the environmental water reserve and the allocation of water for consumptive purposes; or (d) to restore the health of waterways- having regard to any relevant social, economic and environmental matters. Water Act 1989 - SECT 22Q Consultative committee for review 22Q. Consultative committee for review (1) The Minister must appoint a consultative committee to advise the Minister on a review to be undertaken under section 22P. (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 as it is possible- (i) all relevant interests are fairly represented on the committee; (ii) the membership consists of persons who have knowledge or experience in the matters to be covered by the review; (iii) the membership consists of persons who represent the community to which the review relates; (b) at least one half of the membership must consist of persons, who are owners or occupiers of land in the area to which the review relates, appointed after consultation by the Minister with bodies representative of those persons; (c) any public statutory body which the Minister considers to be directly affected by the review must, after consultation with the Minister, be represented on the committee. (3) Section 318(2) to (6) applies to a consultative committee appointed under this section. Water Act 1989 - SECT 22R Review process 22R. Review process (1) In conducting a review under section 22P, the Minister must- (a) consult with the consultative committee appointed by the Minister under section 22Q; (b) give notice of the review to any Authority or other person whose interests the Minister considers are likely to be affected by the review; (c) publish notice of the commencement of the review in a local newspaper circulating generally in the area to which the review relates; (d) make any draft review available for inspection by the public for at least 2 months after its preparation; (e) publish a notice in a newspaper, circulating generally in the State and a local newspaper circulating generally in the area to which the review relates, stating where and when the draft review can be inspected and inviting public comment by a set date; (f) consider any comments made by the set date; (g) consider any comments of the panel appointed under section 22S; (h) make any appropriate changes to the draft review. (2) The Minister must ensure that any review under section 22P- (a) that is conducted as a result of a long-term water resources assessment commenced under section 22K(a) is conducted in such a manner as to be completed not more than 14 years and 6 months after the commencement of section 14 of the Water (Resource Management) Act 2005; and (b) that is conducted as a result of a long-term water resources assessment commenced under section 22K(b) is conducted in such a manner as to be completed 6 months before the end of the 15 year period in which it commenced. (3) Failure to comply with subsection (2) does not affect the validity of the review or of any action the Minister takes under the review, including, but not limited to any action under section 33AAB. Water Act 1989 - SECT 22S Reporting of panel 22S. Reporting of panel (1) The Minister, by instrument, must appoint a panel of persons to consider comments made under section 22R(f) on a draft review, and the persons appointed to the panel must be persons who have knowledge of or experience in the matters that the panel is to consider. (2) Subject to anything specified by the Minister in the instrument of appointment of the panel, it may regulate its own proceedings. (3) After considering all comments referred to it, the panel must report its findings to the Minister within the period specified by him or her. (4) The panel may include in its report any recommendations that it thinks fit. (5) A member of the panel is entitled to be paid any fees and allowances fixed by the Governor in Council. (6) The Minister is not bound by the report of the panel under this section. (7) The Minister must make a copy of the report of the panel under this section available for inspection by the public within one month after the report is received by the Minister. (8) A panel appointed under this section must ensure that its report under subsection (3) is made within the period specified by the Minister which must be not later than 6 months after the panel is appointed under subsection (1). Water Act 1989 - SECT 22T Consideration and publication of review 22T. Consideration and publication of review (1) After- (a) considering the report prepared by the panel under section 22S; and (b) after making the report available to the public under section 22S(7)- the Minister must consider the review and may- (c) endorse the Review; or (d) endorse the Review with any amendments the Minister considers appropriate; or (e) refuse to endorse the Review. (2) On completion of a review under section 22P, the Minister must- (a) make a copy of the review available for inspection, during business hours, free of charge at the offices of the Department; and (b) make a copy of the review available on the Department's website; and (c) publish a notice of the availability of the copy of the review in a newspaper circulating generally in the area to which the review applies; and (d) make a copy of the review available for inspection during business hours, free of charge, at the office of the Department located in the region to which the assessment applies. Water Act 1989 - SECT 22U Annual report on long-term water resources assessment 22U. Annual report on long-term water resources assessment A report on any long-term water resources assessment completed in the preceding 12 month period must be included in each annual report of the Department. Water Act 1989 - SECT 22V Program of implementation of review 22V. Program of implementation of review (1) Within 6 months of the publication of a notice under section 22T(2)(c) the Minister must determine a program of implementation of the review and publish a statement of the actions required to implement that program. (2) If, as part of a program of implementation of a review, the Minister determines to qualify rights under section 33AAB, the Minister must set out notice of that determination in the statement published under subsection (1). Division 2-Water resources assessment program Water Act 1989 - SECT 23 Powers of Minister in relation to assessment program10 23. Powers of Minister in relation to assessment program10 (1) The Minister may do anything that is necessary or convenient to be done for or in connection with, or as incidental to, the undertaking of the water resources assessment program including (but not limited to) the following- (a) carrying out surveys and holding inquiries; (b) measuring and recording the flow of water in- (i) waterways; and (ii) other areas in which water collects; (c) investigating groundwater; (ca) investigating whether or not the environmental water reserve is being maintained in accordance with the environmental water reserve objective; (d) monitoring the physical, chemical and bacteriological quality of water; (e) investigating the effect of climatic conditions on the occurrence and quality of water; (f) investigating the interaction between groundwater and surface water; (g) monitoring the flows of receiving waters for drainage, sewage and trade waste; (h) establishing and maintaining works. (2) For the purposes of the water resources assessment program the Minister may- (a) purchase or compulsorily acquire any land that is required for the establishment of works or State observation bores; or (b) subject to section 24, authorise a person to enter any land and drill for groundwater; or (c) require any person (including a public statutory body) taking part in the program or otherwise collecting information of a kind referred to in section 22(2)- (i) to keep records of all information collected; and (ii) to give the Minister copies of those records on request; or (d) direct any Authority- (i) to collect and record information of a kind referred to in section 22(2) that is related to the Authority's functions; and (ii) to provide that information to the Minister in any form that the Minister requires. (3) The Land Acquisition and Compensation Act 1986 applies to this Division and for that purpose- (a) this Division is the special Act; and (b) the Minister is the Authority. (4) Section 74 of the Land Acquisition and Compensation Act 1986 applies to an entry on land under subsection (2)(b). (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 subsection (1)(h). Penalty: For a first offence, 20 penalty units or imprisonment for 3 months. For a subsequent offence, 40 penalty units or imprisonment for 6 months. (6) A person who is guilty of an offence under subsection (5) that is of a continuing nature is liable, in addition to the penalty set out at the foot of that subsection, 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 contravention on the person under section 151; or (b) if no notice of contravention is served, after conviction. Water Act 1989 - SECT 24 Drilling for groundwater 24. Drilling for groundwater (1) Before entering under section 23(2)(b) land of a type specified in column 1 of the Table, an authorised person must obtain the consent of the person specified in column 2 of the Table in relation to that land. TABLE Column 1 Column 2 Land owned by a public statutory body The owner of the land Land that is a road The person responsible for maintaining the road Land that is reserved either temporarily or permanently under section 4 of the Crown Land (Reserves) Act 1978 The Minister administering the Conservation, Forests and Lands Act 1987 Land that is leased under section 134 or 151E of the Land Act 1958 " Land in respect of which a licence has been granted under section 138 or 401 of the Land Act 1958 " (2) As soon as possible after entering under section 23(2)(b) unoccupied Crown land, an authorised person must notify the Department Head of the entry. Water Act 1989 - SECT 25 Giving of information to Minister 25. Giving of information to Minister (1) A person must comply with a requirement of the Minister under section 23(2)(c). Penalty: 10 penalty units. (2) Except with the permission of the person who gave a copy of the record to the Minister, the Minister must not disclose to any person any information contained in a copy of a record given to him or her under section 23(2)(c). Water Act 1989 - SECT 26 Reports on assessment program 26. Reports on assessment program A report on the water resources assessment program must be included in each annual report of the Department. Division 3-Water supply protection areas Water Act 1989 - SECT 27 Declaration of water supply protection area 27. Declaration of water supply protection area (1) The Minister, on the Minister's initiative or on an application from a person referred to in subsection (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 subsection (1) to be a water supply protection area for 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 subsection (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 (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- 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 under subsection (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 concerned; and (ii) given by post to the relevant persons listed in subsection (5); and (b) the Minister has considered any submissions made within 60 days after the publication or giving of notice of the proposed declaration under subparagraph (i) or (ii) of paragraph (a), whichever is the later. (5) For the purposes of subsection (4)(a)(ii) the relevant persons are- (a) the Minister administering the Conservation, Forests and Lands Act 1987; and (b) the Minister administering the Planning and Environment Act 1987; and (c) any Authority exercising a function under Part 8 or 11 in the area concerned; and (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 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 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 subsection (1) is 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 declaration to be provided by the applicant for the declaration or any Authority with a function under this Act in the area concerned. (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 subsection (4)(b). (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. (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. (11) The Minister must cause a declaration under subsection (1) to be laid before each House of Parliament within 5 sitting days of that House after it is made. Water Act 1989 - SECT 28 Amendment or abolition of water supply protection area 28. Amendment or abolition of water supply 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. (2) Section 27 applies (with any necessary modifications) to an Order under subsection (1) as if it were a declaration under section 27(1). Water Act 1989 - SECT 29 Consultative committee 29. Consultative committee (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 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 as is possible- (i) all relevant interests are fairly represented on the committee; (ii) the membership consists of persons who have knowledge or 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 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 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, the persons referred to in subsection (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. (4) Section 318(2) to (6) applies to a consultative committee appointed under this section. Water Act 1989 - SECT 30 Guidelines for preparation of draft management plans 30. Guidelines for preparation of draft 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). (2) The Minister may from time to time amend or revoke any guidelines prepared under subsection (1). (3) The Minister, as soon as practicable after preparing, amending or revoking guidelines 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 guidelines. Water Act 1989 - SECT 31 Preparation of draft management plan 31. Preparation of draft management plan (1) A consultative committee appointed under section 29 must, within 18 months after its appointment- (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 available for comment by interested persons. (1A) The consultative committee must consider any comments made by interested persons and make any appropriate changes to the draft management plan. (1B) On completion of the draft management plan, the consultative committee must refer it to the Minister for consideration. (2) If the consultative committee does not prepare a draft management plan within the period referred to in subsection (1), the Minister may- (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 (b) prepare the draft management plan. (3) If, under subsection (2), the Minister prepares the draft management plan, the Minister must make that plan available for comment by interested persons. Water Act 1989 - SECT 32 Overlapping management plans to be taken into account 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 into account any other draft or approved management plan that applies to the area or part of the area under this Division. Water Act 1989 - SECT 32A Management plan 32A. Management plan (1) The object of a management plan is to make 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 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 part of that area- (a) requirements for metering, monitoring and accounting for groundwater or surface water or both; or (b) requirements to notify the Authority 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 (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 (d) restrictions or prohibitions on the issue of licences under section 51 or 67; or * * * * * (f) restrictions to be imposed on the taking of groundwater from any specified bore, group of bores or aquifer, if necessary- (i) to prevent the level of groundwater declining below a specified level or specified average level; or (ii) to prevent a relevant permissible consumptive volume being exceeded; or (iii) to ensure that the environmental water reserve is maintained in accordance with the environmental water reserve objective; or (g) restrictions to be imposed on the taking of surface water at any location specified in the area, if necessary to ensure that- (i) specified flows at any particular time or for any particular circumstances are maintained; or (ii) the permissible consumptive volume for the area is not exceeded; or (iii) the environmental water reserve is maintained in accordance with the environmental water reserve objective; or (h) restrictions to be imposed on the supply of groundwater by an Authority that 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 (ia) conditions relating to the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or (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 (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 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 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 (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 (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 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 to be the permissible consumptive 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 approved. (6) The Minister may- (a) approve a draft management plan; or (ab) approve a draft management plan with any amendments the Minister considers appropriate; or (b) refuse to approve a draft management plan. (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 (b) if the draft management plan is refused, the reasons for the refusal to be published with that notice. (7A) If a draft management plan is refused, the Minister may- (a) appoint a consultative committee under section 29 to prepare a new draft management plan for the relevant water supply protection area; or (b) prepare a new draft management plan; or (c) abolish the water supply protection area under section 28; or (d) take any other action that the Minister considers appropriate in the circumstances. (7B) This Division applies to the preparation and approval of a new draft management plan referred to in subsection (7A)(a) or (b) in the same way as it applies to a draft management plan. (8) The Minister must cause an approved management plan to be laid before each House of Parliament within 5 sitting days of that House after it is approved under subsection (6). (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 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 Subordinate Legislation Act 1994. (10A) An approved management plan is not invalid merely because of a defect or irregularity in, or in connection with the approval of the plan. (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 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 licence issued under section 51 or 67, whether issued before or after the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2002, is deemed to be subject to that requirement, 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 licence. (13) A person must not contravene an approved management plan. Penalty: 20 penalty units. Water Act 1989 - SECT 32B Administration and enforcement of management plan 32B. Administration and enforcement of management plan (1) The Authority that has the duty of administering and enforcing an approved 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 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 compliance with the plan. (2) A person whose interests are affected by a decision of an Authority under subsection (1) to give a direction or make an order may apply to the Tribunal for review of the 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 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 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 subsection (1). Penalty: 20 penalty units. Water Act 1989 - SECT 32C Report on administration and enforcement of management plan 32C. Report on administration and enforcement of management plan (1) The Authority that has the duty of 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 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 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 (b) every Catchment Management Authority whose catchment and land protection region is wholly or partly in the area; and (c) Melbourne Water Corporation, if the area is wholly or partly in the waterway management district of Melbourne Water Corporation. Water Act 1989 - SECT 32D Public availability of report 32D. Public availability of report 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 inspection, during business hours, free of charge at the offices of the Authority; and (b) publish a notice of that availability in a newspaper circulating generally in the area to which the approved management plan applies. Water Act 1989 - SECT 32E Certain plans deemed to be approved management plans 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 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 2002. (2) Before approving a plan as a management plan under subsection (1), the Minister may- (a) review or revise the plan; or (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 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 subsection (1)- (a) the particular area to which the plan relates is deemed to be a water supply protection area for the protection of surface water resources; and (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 revoked in accordance with this Division. Water Act 1989 - SECT 32F Compensation in certain circumstances 32F. Compensation in certain circumstances (1) The owner and occupier of any works is entitled to be paid, by the person specified 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- (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. (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 the first-mentioned person compensation for the detriment suffered. (3) The amount of compensation payable under subsection (1) or (2) is as agreed by the parties or, in the absence of agreement, as 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. (4) A person whose interests are affected by a decision- (a) of an Authority under subsection (3) as to the amount of compensation payable; or (b) of a consultative committee or the Minister under subsection (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 decision. (5) 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 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 under section 46(5) of that Act that a statement of reasons will not be given. Water Act 1989 - SECT 32G Amendment or revocation of approved management plan 32G. Amendment or revocation of approved 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- (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 (b) the Minister has considered any submissions made on the proposed amendment or revocation within 60 days after the publication or giving 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 consultative committee to advise on the amendment. (3) Sections 29 and 31 apply in the case of a proposed amendment to an approved management plan with any necessary 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 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. Water Act 1989 - SECT 32H Plan must be available for inspection 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 free of charge- (a) any Authority exercising a function under this Act in the area concerned; (b) any council in whose municipal district the area concerned is wholly or partly situated; (c) the responsible authority under the Planning and Environment Act 1987 in relation to a planning scheme for the whole or any part of the area concerned. Division 4-Minister's powers to qualify rights Water Act 1989 - SECT 33 Definitions 33. Definitions In this Division- qualify includes suspend, reduce, increase and otherwise alter; right to water means- (a) any right to water conferred by any provision of Division 1 of Part 2 other than section 7(1) or 8(4)(c); and (b) any environmental entitlement; and (c) any bulk entitlement; and (d) in relation to any non-declared water system, any licence issued under section 51; and (e) in relation to any declared water system, any water share issued in relation to the system. Water Act 1989 - SECT 33AAA Temporary qualification of rights to water 33AAA. Temporary qualification of rights to water (1) If the Minister declares under this section that a water shortage exists in an area or water system, he or she may temporarily qualify any rights to water whether or not they relate to the same area or water system. (2) The Minister may declare that a water shortage exists in an area or water system if he or she is of the opinion that the volume or quality of water available in the area or system to satisfy any rights to water (whether or not they relate to that area or water system) is or will shortly be inadequate for any reason. (3) Before making a qualification to rights to water under subsection (1) the Minister must notify the Minister responsible for administering the Agricultural and Veterinary Chemicals (Control of Use) Act 1992. Water Act 1989 - SECT 33AAB Permanent qualification of rights to water 33AAB. Permanent qualification of rights to water (1) Subject to subsection (2), following the endorsement of a review under section 22T(1)(c) or (d), the Minister may permanently qualify any rights to water having regard to- (a) the review as endorsed by the Minister; and (b) any relevant report of a panel under section 22S; and (c) any relevant social, economic and environmental matters. (2) A permanent qualification of rights to water under subsection (1) must not take effect in relation to an area or water system- (a) within 15 years of the commencement of section 14 of the Water (Resource Management) Act 2005; or (b) if such a permanent qualification has taken effect in relation to that area or water system within the preceding 15 years. Water Act 1989 - SECT 33AAC Procedures applying to qualifications 33AAC. Procedures applying to qualifications (1) A qualification of rights to water under this Division must be done by- (a) giving notice of the qualification to the person affected; or (b) causing notice of it to be published in a newspaper generally circulating- (i) in the area to which the qualified rights to water relate; or (ii) in the area served by the water system to which the qualified rights to water relate. (2) A notice given or published under subsection (1) may specify the criteria according to which the Minister determined the qualification. (3) For the purposes of a qualification under section 33AAA, the Minister may, by Order published in the Government Gazette- (a) determine the class of any rights to water; and (b) assign a priority to each of those classes- and any qualification under that section of rights to water must be made in accordance with the priority of the class of right concerned. (4) Subject to subsection (3), any qualification under section 33AAA of rights to water must apply to all rights in the same proportion, unless the Minister is of the opinion that the circumstances are so extreme as to justify some other basis. Division 5-State observation bores Water Act 1989 - SECT 33A Power to enter land 33A. Power to enter land (1) The Minister, or a person authorised in writing by the Minister for the purpose, may enter, in accordance with subsection (2), any land on which a State observation bore is located for the purpose of- (a) carrying out observations (including taking water samples); or (b) operating, maintaining, altering or decommissioning the bore. (2) The power of entry under subsection (1) may be exercised- (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. Water Act 1989 - SECT 33B Compensation 33B. Compensation (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 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 (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 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 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. Water Act 1989 - SECT 33C Right to take water for domestic and stock use from a State observation bore 33C. Right to take water for domestic and stock 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 Minister. Water Act 1989 - SECT 33D Offence to interfere etc. with State observation bore 33D. Offence to interfere etc. with State observation bore (1) A person must not, without the consent of the Minister, destroy, damage, remove, alter or in any way interfere with any State observation bore. Penalty: For a first offence, 20 penalty units or imprisonment for 3 months. For a subsequent offence, 40 penalty units or imprisonment for 6 months. (2) A person who is guilty of an offence under subsection (1) that is of a continuing nature is liable, in addition to the penalty set out at the foot of that subsection, 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 contravention on the person under section 151; or (b) if no notice of contravention is served, after conviction. __________________ Water Act 1989 - PART 3A PART 3A WATER SHARES Division 1-Offence as to taking of water Water Act 1989 - SECT 33E Offence to take water without authorisation 33E. Offence to take water without authorisation (1) A person must not take water from- (a) a waterway (including the River Murray); or (b) an aquifer; or (c) a spring or soak; or (d) 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)- in a declared water system unless that person is authorised to do so under a water share. Penalty: For a first offence, 60 penalty units or imprisonment for 6 months; For a second or subsequent offence, 120 penalty units or imprisonment for 12 months. (2) Subsection (1) does not apply to- (a) water taken from a spring, soak or dam for domestic and stock use; or (b) water taken under any other authorisation to do so by or under this or any other Act. Division 2-Issuing and nature of water share Water Act 1989 - SECT 33F Issuing and nature of water shares 33F. Issuing and nature of water shares (1) The Minister may issue a water share in respect of a declared water system. (2) A water share authorises the taking of water under the water allocation for the share during the water season for which the water allocation is allocated or, with the approval of the Minister, in a subsequent season. (3) The authority to take water under a water share is subject to any other provisions of this Act or any regulations or instruments made under this Act or a licence or permit issued under this Act regulating the following- (a) the place at which water can be taken; (b) the times or rate at which water can be taken. (4) The Minister may issue a share under this section- (a) on receiving an application for a share under section 33L; or (b) under a contract for the sale of the share entered into in accordance with section 33P; or (c) on receiving an application under section 33M, in the case of the holder of a right in another State or a Territory that is equivalent to that of ownership of a water share. Water Act 1989 - SECT 33G Matters the Minister must determine in issuing a water share 33G. Matters the Minister must determine in issuing a water share On issuing a water share the Minister must determine- (a) the water system for which the share is issued, and, if that water system is divided into zones, the zone for which the water share is issued; and (b) the share of water available from the water system under the water share, which must be expressed as a maximum volume of water over a period defined by the Minister; and (c) the class of reliability of the share; and (d) any other prescribed matter. Water Act 1989 - SECT 33H Matters Minister must specify in issuing water share 33H. Matters Minister must specify in issuing water share On issuing a water share the Minister must specify- (a) in the case of a water share issued under this Part to more than one person, whether the share is to be held by those persons- (i) as joint tenants; or (ii) as tenants in common; (b) whether or not the water share is an associated water share, and if the water share is an associated water share- (i) the land specified in a water-use licence or water-use registration with which it is associated; and (ii) the water-use licence or water-use registration in which the land is so specified; (c) the Authority (if any) that is responsible for providing services in respect of the water share. Water Act 1989 - SECT 33I Circumstances in which Minister must not issue a share 33I. Circumstances in which Minister must not issue a share * * * * * (2) The Minister must not issue a share under this Division if the Minister is of the opinion that- (a) the issue of the share would be in conflict with any approved management plan for a water supply protection area under Division 3 of Part 3; or (b) the issue of the share may result in the permissible consumptive volume for the proposed associated water system being exceeded; or (c) the issue of the share would be in conflict with any relevant bulk entitlement. Water Act 1989 - SECT 33J Matters to be considered in issuing certain water shares 33J. Matters to be considered in issuing certain water shares (1) The Minister, in issuing a water share and in making a determination under section 33G(b) or (c) in respect of a water share, where the associated water system for that water share is subject to a bulk entitlement or is a water system in respect of which a permissible consumptive volume has been declared, must consider- (a) whether the issue of the share would be consistent with the bulk entitlement or with the permissible consumptive volume for the water system (as the case requires); and (b) the effect that the issue is likely to have on- (i) other water shares for which the water system is the associated water system; and (ii) any environmental entitlement to which the associated water system is subject; and (iii) the needs of other potential applicants. (2) The Minister, in issuing a water share and in making a determination under section 33G(b) or (c) in respect of a water share to which subsection (1) does not apply, must consider- (a) the existing and projected availability of water in the associated water system for the water share; and (b) the existing and projected quality of water in the associated water system; and (c) any adverse effect that the allocation or use of water under the water share is likely to have on- (i) existing authorised uses of water provided from the associated water system; and (ii) any waterway or aquifer; and (d) any water in the associated water system in respect of which the applicant is already the owner of a water share; and (e) the need to protect the environment, including the riverine and riparian environment; and (f) the conservation policy of the government; and (g) any adverse effect the issue of the share or the determination (as the case requires) is likely to have on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; and (h) government policies concerning the preferred allocation or use of water resources; and (i) the needs of other potential applicants; and (j) so far as is available to the Minister- (i) any relevant report or statement prepared under any Act; and (ii) the findings of or any evidence given or submissions made to any relevant investigation or inquiry held under any Act or held by any Committee of the Cabinet, government department or public statutory body, whether or not under an Act; and (k) any other matter that the Minister thinks fit to have regard to. (3) This section does not apply to the issue of a water share under an application under section 33M. Water Act 1989 - SECT 33K Matters to be considered in issuing water shares on interstate applications 33K. Matters to be considered in issuing water shares on interstate applications The Minister, in issuing a water share on an application under section 33M must consider- (a) any relevant rules made under Division 13; and (b) the provisions of any agreement under Division 8; and (c) the effect of the issue of the share on usage of water; and (d) the impact of subsidies; and (e) any other matter that the Minister considers relevant. Division 3-Application for or sale of water shares Water Act 1989 - SECT 33L Application for water share 33L. Application for water share (1) A person may apply to the Minister for the issue of a water share. (2) An application under subsection (1)- (a) must specify the proposed associated water system for the share; and (b) in the case of an application by more than one person, must specify whether the share is to be held by the applicants- (i) as joint tenants; or (ii) as tenants in common. Water Act 1989 - SECT 33M Applications for water shares by holders of interstate right 33M. Applications for water shares by holders of interstate right A person who is the holder of a right in another State or a Territory that is equivalent to that of ownership of a water share, may apply to the Minister, in accordance with the agreement entered into under Division 8, for a water share to be issued under this Part on the cancellation of the equivalent right in the other State or Territory. Water Act 1989 - SECT 33N Minister to defer application where area is proposed to be a water supply protection area 33N. Minister to defer application where area is proposed to be a water supply protection area (1) The Minister must defer consideration of an application for the issue of a water share under section 33L or under section 33M if a notice has been published under section 27(4)(a)(i) that relates to either or both of the following- (a) the protection of groundwater resources that are specified as a water system in the application; (b) the protection of surface water resources that are specified as a water system in the application. (2) Deferral of an application under subsection (1) has effect until either of the following occurs- (a) an Order is made under section 27(1); or (b) a notice is published under section 27(10). (3) If- (a) an Order is made under section 27(1); and (b) a management plan for the area that is the subject of the Order has not been approved under section 32A(6)- the Minister must further defer consideration of an application deferred under subsection (1) in respect of the area until notice of the approval or refusal of a draft management plan has been published under section 32A(7). Water Act 1989 - SECT 33O Minister to advise applicant of decision 33O. Minister to advise applicant of decision The Minister must advise an applicant for a water share of the Minister's decision on the application in writing. Water Act 1989 - SECT 33P Sale of water shares by Minister 33P. Sale of water shares by Minister (1) The Minister may enter into a contract for the sale of a water share either- (a) on conducting an auction for the sale of water shares; or (b) after inviting and considering tenders for the sale of water shares; or (c) in any other manner that the Minister thinks fit. (2) The Minister must not enter into a contract for the sale of a water share unless he or she has first caused a notice to be published in the Government Gazette and in a newspaper circulating generally in the area of the proposed associated water system for the share- (a) declaring that the water share is available to be purchased by any person who satisfies the requirements specified in the notice; and (b) giving details of the method by which the water share is to be sold. Division 4-Variation of water shares Water Act 1989 - SECT 33Q Power of Minister to vary water shares 33Q. Power of Minister to vary water shares (1) The Minister, on receiving an application under this Division to do so may vary his or her determination under section 33G as to a water share by- (a) determining that the water share is to be converted to a water share with a different associated water system, and for this purpose the Minister may determine a variation in the maximum volume in accordance with the relevant rules made under Division 13; or (b) determining that the water share is to be converted to a water share for another zone in the associated water system, and for this purpose the Minister may determine a variation in the maximum volume in accordance with the relevant rules made under Division 13; or (c) determining that the water share is to be converted to a water share with a different class of reliability, and for this purpose the Minister may determine a variation in the maximum volume in accordance with the relevant rules made under Division 13; or (d) varying any determination of a matter prescribed under section 33G(d). (2) In making a determination under subsection (1), the Minister must have regard to the relevant rules made under Division 13. Water Act 1989 - SECT 33R Applications for variation of water shares 33R. Applications for variation of water shares The owner of a water share may apply to the Minister for a determination under this Division. Division 5-Dealings with water shares Water Act 1989 - SECT 33S Transfer of ownership of water share 33S. Transfer of ownership of water share (1) The owner of a water share may transfer ownership of that share to another person. (2) In the case of transfer of ownership of a water share owned by more than one person- (a) a person who is the owner of a portion of a water share as a tenant in common may transfer that person's portion of the undivided whole of the water share without the consent of the other tenants in common; (b) in any other case, one of the owners of the water share must not transfer his or her ownership of the water share without the consent of each of the other owners of the water share. (3) A transfer of ownership of a water share under this section does not have the effect of assigning any water allocated under the water allocation for that share before the recording of the transfer. Water Act 1989 - SECT 33T Limited term transfers 33T. Limited term transfers (1) The owner of a water share may transfer the whole of the right to future water allocations under that share for a limited, identified and consecutive period to the owner or occupier of land specified in a water-use licence or water-use registration or of land in another State or a Territory of the Commonwealth. (2) A transfer under this section must specify the period for which the right is being transferred, being a period of not more than 20 years. (3) A transfer under this section entitles the holder of the transfer to receive future water allocations under the water share from the date specified in the transfer. (4) A transfer under this section may have the effect, if so specified in the transfer, of enabling the taking of water under a water allocation from a water system that is not the associated water system for the water share. (5) The holder of a limited term transfer may surrender the limited term transfer. Water Act 1989 - SECT 33U Assignment of water allocation 33U. Assignment of water allocation (1) The holder of a water share may assign the whole or a part of the water allocation available to that person under that share (at the time at which the assignment is made) to- (a) a person who is the holder of a bulk entitlement; or (b) a person who is the owner or occupier of land specified in a water-use licence or water-use registration; or (c) a person who is the owner or occupier of land in another State or a Territory of the Commonwealth; or (d) a person who represents the Crown in right of another State or a Territory of the Commonwealth; or (e) the environment Minister on behalf of the Crown. (1A) A person who, as a result of the operation of section 33S(3), has a water allocation available to that person, may assign the whole or a part of the water allocation to- (a) a person who is the holder of a bulk entitlement; or (b) a person who is the owner or occupier of land specified in a water-use licence or water-use registration; or (c) a person who is the owner or occupier of land in another State or a Territory of the Commonwealth; or (d) a person who represents the Crown in right of another State or a Territory of the Commonwealth; or (e) the environment Minister on behalf of the Crown. (2) A tenant in common of a water share may not separately assign the water allocation available to that person under the share. (3) An assignment under this section entitles the holder of the assignment to receive water under the water allocation under the water share from the date specified in the assignment. (4) An assignment under this section may have the effect, if so specified in the assignment, of enabling water to be received under a water allocation from a water system that is not the associated water system for the water share. (5) In this section holder of a water share means- (a) in the case of a water share in respect of which there is no limited term transfer, the owner of the water share; or (b) in the case of a water share in respect of which there is a limited term transfer, the holder of that transfer. $$A Water Act 1989 - SECT 33V Further assignment of water allocation 33V. Further assignment of water allocation (1) A person to whom the whole or a part of a water allocation has been assigned under section 33U(1) or under this section, may assign the whole or a part of the assigned water allocation to- (a) a person who is the holder of a bulk entitlement; or (b) a person who is the owner or occupier of land specified in a water-use licence or water-use registration; or (c) a person who is the owner or occupier of land in another State or a Territory of the Commonwealth; or (d) a person who represents the Crown in right of another State or a Territory of the Commonwealth; or (e) the environment Minister, on behalf of the Crown. (2) An assignment under this section may have the effect, if so specified in the assignment, of enabling the taking of water under a water allocation from a water system that is not the associated water system for the water share. (3) An assignment under this section entitles the holder of the assignment to receive water under the water allocation under the water share from the date specified in the assignment. Water Act 1989 - SECT 33W Offence to give a transfer or assignment without Ministerial approval 33W. Offence to give a transfer or assignment without Ministerial approval (1) A person must not- (a) transfer ownership of a water share under this Division; or (b) give a limited term transfer under this Division; or (c) give a water allocation assignment under this Division- unless the Minister has approved the transfer or assignment (as the case requires). Penalty: 60 penalty units. (2) Subsection (1) does not apply to a transfer of ownership of a water share on the death of a person by the legal personal representative of the person to the person entitled to inherit the water share from the deceased person. Water Act 1989 - SECT 33X Ministerial approval 33X. Ministerial approval (1) The Minister may, on application by a person, approve- (a) the transfer of ownership of a water share under this Division; or (b) the giving of a limited term transfer under this Division; or (c) the giving of a water allocation assignment under this Division. * * * * * (3) The Minister must not give an approval under subsection (1)(a)- (a) if any fee under Division 9 that is payable in relation to the share is outstanding; or (b) for any other prescribed reason. (4) In giving an approval under subsection (1), the Minister must have regard to any relevant rules made under Division 13. (5) An approval under subsection (1)(a) or (b) remains in force- (a) for the prescribed period; or (b) if no period has been prescribed under paragraph (a), for 2 months. Water Act 1989 - SECT 33Y Division of water shares 33Y. Division of water shares (1) The Minister may, on the application of the owner of a water share, divide the water share either- (a) by cancelling the water share and by issuing new shares in respect of the volume of the water share; or (b) by varying the water share so as to reduce the volume that is specified in the application, and issuing one or more new water shares in respect of the volume that is specified in the application. (2) In granting an application under subsection (1), the Minister must consider any relevant rules made under Division 13. (3) On the division of a water share under subsection (1), any mortgage that applied to the water share immediately before that division is, on and from the division, deemed to apply- (a) in the case of the cancellation of the old share under subsection (1)(a), to each new share that is issued; or (b) in the case of the variation of one share and the issue of one or more new shares under subsection (1)(b), to the share that is varied and to each new share that is issued. Water Act 1989 - SECT 33Z Consolidation of water shares CT 33Z. Consolidation of water shares (1) The Minister may, on the application of an owner of two or more water shares, consolidate those water shares either- (a) by cancelling the water shares and issuing one water share in respect of the maximum volumes of both shares; or (b) by cancelling one or more of the water shares and adding the maximum volumes of the cancelled water shares to the maximum volume of one or more of the other water shares. (2) The Minister must not consolidate water shares under subsection (1) unless- (a) the persons who own each of the shares are the same; and (b) each of the shares is owned in the same proportions and the same manner. (3) In consolidating a water share under subsection (1), the Minister- (a) must not cancel a water share if there is a recorded mortgage or limited term transfer over the water share; and * * * * * (c) must not do so unless each of the shares specifies the same water system and the same class of reliability; and (d) must consider any relevant rules made under Division 13. (4) On the consolidation of water shares under subsection (1), if the rules made under Division 13 so provide- (a) any recorded mortgage; or (b) any limited term transfer- over a water share to which maximum volume has been added is deemed to apply to the whole of the share (including that part to which the volume has been added). Division 6-Surrender and cancellation of water shares Water Act 1989 - SECT 33AA Surrender of water share 33AA. Surrender of water share (1) The owner of a water share may apply to the Minister to surrender the water share to the Crown. (2) On receiving an application under this section, the Minister may authorise the applicant to surrender the water share to the Crown. (3) The Minister may refund to a person who has surrendered a water share under this section, the whole or that part of a fee paid under Division 9 that relates to any period of time occurring after the surrender of the water share. Water Act 1989 - SECT 33AB Cancellation where interstate rights are obtained 33AB. Cancellation where interstate rights are obtained (1) A person who is or persons who are the owners of a water share may, in accordance with the agreement entered into under Division 8, apply to the Minister for the water share to be cancelled, on the issuing of the equivalent right in the other State or Territory. * * * * * (3) The Minister, in cancelling a water share under this section must consider- (a) any relevant rules made under Division 13; and (b) the provisions of the agreement. Water Act 1989 - SECT 33ABA Cancellation where rights outside declared water system are obtained 33ABA. Cancellation where rights outside declared water system are obtained (1) A person who is the owner of a water share may apply to the Minister for the water share to be cancelled on the issuing of a right in a non-declared water system. (2) The Minister, in cancelling a water share under this section must consider any relevant rules under Division 13. Division 7-Water allocations Water Act 1989 - SECT 33AC Water allocations 33AC. Water allocations (1) In the case of a declared water system for which a seasonal determination has been made for a water season, the Minister must, from time to time during the water season, determine, for each water share for which that system is the associated system, amounts of water that are to be allocated to that share from the water determined to be available for allocation to water shares in the seasonal determination. (2) In the case of a declared water system for which an Authority has not been appointed under section 64GA to make seasonal determinations, the water allocation for each water share for which that system is the associated water system, is to be the maximum volume determined by the Minister under section 33G(b) for that share. Water Act 1989 - SECT 33AD Approval for taking of water allocation in subsequent season 33AD. Approval for taking of water allocation in subsequent season (1) For the purposes of subsection 33F(2), on application by a person who is entitled to take water under the water allocation, the Minister may approve the taking of water under the water allocation in a subsequent season, subject to any terms and conditions that the Minister thinks fit. (2) In giving approval under subsection (1), the Minister must consider any relevant rules made under Division 13. Division 8-Intrastate and interstate agreements and approvals Water Act 1989 - SECT 33AE Interstate agreement as to dealings in water rights 33AE. Interstate agreement as to dealings in water rights The Minister may enter into an agreement with a Minister of any other State or a Territory of the Commonwealth- (a) for the conversion of water shares or equivalent rights in one State or Territory into water shares or equivalent rights in another State or Territory; and (b) for the recognition of rights in one State or Territory in another State or Territory; and (c) for the assignment of water allocations from one State or Territory to another State or Territory. Water Act 1989 - SECT 33AF Offence to take interstate water without approval of Minister 33AF. Offence to take interstate water without approval of Minister A person must not take water from a declared water system in Victoria under a right in another State or a Territory of the Commonwealth that is an equivalent right to a water share unless that person has first obtained the approval of the Minister to do so under this Division. Penalty: 60 penalty units. Water Act 1989 - SECT 33AG Approval of Minister to taking of interstate water 33AG. Approval of Minister to taking of interstate water (1) For the purposes of section 33AF the Minister, on application, may approve a taking of water from a declared water system by the applicant subject to any conditions that the Minister thinks fit. (2) In giving an approval under subsection (1) the Minister must consider- (a) any relevant rules made under Division 13; and (b) the provisions of any agreement under this Division; and (c) the effect of the giving of the approval on the usage of water; and (d) the impact of subsidies; and (e) any other matter the Minister considers relevant. Water Act 1989 - SECT 33AH Offence to take water under a water allocation outside the associated water system without approval of Minister 33AH. Offence to take water under a water allocation outside the associated water system without approval of Minister A person must not take water under a water allocation outside the associated water system for a water share under which that allocation is made unless that person has first obtained the approval of the Minister to do so under this Part. Penalty: 60 penalty units. Water Act 1989 - SECT 33AI Approval of Minister to taking of water outside water system 33AI. Approval of Minister to taking of water outside water system (1) For the purposes of section 33AH the Minister, on application, may approve a taking of water by the applicant subject to any conditions that the Minister thinks fit. (2) In giving an approval under subsection (1) the Minister must consider- (a) any relevant rules made under Division 13; and (b) the provisions of any agreement under this Division; and (c) the effect of the giving of the approval on the usage of water; and (d) the impact of subsidies; and (e) any other matter the Minister considers relevant. Division 9-Fees for provision of services to owners of water shares Water Act 1989 - SECT 33AJ Service provision fees 33AJ. Service provision fees (1) Each Authority that provides services to the owners of water shares, that are services provided in relation to the water shares may make a determination for or with respect to fees to be paid by the owner of the water share for the provision of those services including but not limited to- (a) obligations as to the payment of any such fees; and (b) the amount of any such fees. (2) The Authority may make a determination under subsection (1) at any time while any such water shares are in force. (3) An Authority that has made a determination under subsection (1) may do any of the following- (a) amend or revoke the determination; (b) impose conditions on the determination (either as to the manner of payment of fees or any other matter). Water Act 1989 - SECT 33AK Fee to be a charge over water share 33AK. Fee to be a charge over water share Where a person is liable to pay a fee determined by an Authority under this Division to the Authority in respect of a water share owned by that person, the amount due is a charge on the water share, (whether or not the Authority has agreed to defer the whole or a part of the payment of the amount) that ranks before any mortgage over the water share. Division 10-Associated water shares Water Act 1989 - SECT 33AL Determination as to water share being an associated water share 33AL. Determination as to water share being an associated water share (1) The Minister may determine that a water share is associated with land that is specified in a water-use licence or a water-use registration. (2) The Minister may make a determination under subsection (1) on receiving an application under this Division. Water Act 1989 - SECT 33AM Matters to be considered in making of the determination as to associated water shares 33AM. Matters to be considered in making of the determination as to associated water shares (1) The Minister must not make a determination under section 33AL unless the Minister is satisfied that- (a) in the case of an application by a person who wholly owns or who will wholly own the share, the applicant is- (i) the owner or occupier of land specified in a water-use licence or water-use registration; or (ii) a related person to a person who is the owner or occupier of any such land; or (b) in the case of an application by a person or persons who are or who will become joint tenants of the share, half or more of the tenants are persons who are- (i) the owner or owners or occupier or occupiers of land specified in a water-use licence or water-use registration; or (ii) a related person or related persons to a person who is or persons who are the owner or owners or occupier or occupiers of any such land; or (c) in the case of an application by a person or persons who are or who will become tenants in common of the share, half or more of the ownership of the share is by a person who is or persons who are- (i) the owner or owners or occupier or occupiers of land specified in a water-use licence or water-use registration; or (ii) a related person or related persons to a person who is or persons who are the owner or owners or occupier or occupiers of any such land. (2) The Minister must not make a determination under section 33AL unless- (a) the Minister is satisfied that the maximum volume of the share together with the maximum volumes of any other water shares that are associated with the land specified in the application is not more than twice the maximum volume of water that is allowed to be used under the water-use licence or water-use registration (as the case requires) on the land; and (b) the application is consistent with any relevant rules made under Division 13. (3) The Minister must not determine that a water share is associated with land that is specified in a water-use licence or a water-use registration if there are no works or systems that are available or that are reasonably likely to be available to supply or deliver water to the land. Water Act 1989 - SECT 33AN Determination as to cessation as associated water share where no works etc. available 33AN. Determination as to cessation as associated water share where no works etc. available (1) The Minister may revoke a determination under section 33AL, in relation to a water share, if the Minister is satisfied that there are no works or systems that are available or that are reasonably likely to be available to supply or deliver water to the land with which the share is associated. (2) The Minister may make a determination under subsection (1) either of his or her own motion or after receiving an application under this Division. (3) The Minister must not make a determination under subsection (1) of his or her own motion unless the Minister has first notified the owner of the water share of the proposal to make the determination. Water Act 1989 - SECT 33AO Revocation of associated water share determination by Minister 33AO. Revocation of associated water share determination by Minister (1) Where section 33AN does not apply, the Minister may revoke a determination under section 33AL, in relation to a water share, of his or her own motion if the Minister is satisfied that- (a) in the case of a water share- (i) that is wholly owned by one person the owner is not- (A) the owner or occupier of the land with which the share is associated; or (B) a related person to a person who is the owner or occupier of the land with which the share is associated; or (ii) the owners of which are joint tenants, more than half of the tenants are not- (A) the owner or owners or occupier or occupiers of the land with which the share is associated; or (B) a related person or related persons to a person who is or persons who are the owner or owners or occupier or occupiers of the land with which the share is associated; or (iii) that is owned by persons who are tenants in common, more than half of the ownership of the share is by a person who is not or persons who are not- (A) the owner or owners or occupier or occupiers of the land with which the share is associated; or (B) a related person or related persons to a person who is or persons who are the owner or owners or occupier or occupiers of the land with which the share is associated; or (b) the land with which the water share is associated is no longer the subject of a water-use licence or water-use registration. (2) In any case except that of a transfer of ownership under section 33S, the Minister must not make a determination under subsection (1), unless the Minister has first notified the owner or owners of the water share of the proposal to make the determination. Water Act 1989 - SECT 33AP Revocation of associated water share determination on application 33AP. Revocation of associated water share determination on application (1) The Minister may, on application by a person under this Division, revoke a determination under section 33AL in relation to a water share. * * * * * Water Act 1989 - SECT 33AQ Applications for and notices of determinations under this Division 33AQ. Applications for and notices of determinations under this Division (1) On making a determination under this Division the Minister must give notice in writing of the making of the determination to the owner of the water share. (2) A person may apply to the Minister for a determination under section 33AL if that person- (a) is an owner of the water share to which the application relates; or (b) has applied under Division 2 for the issue of the water share to which the application relates; or (c) is a person to whom ownership of the water share to which the application relates is being transferred under Division 5. (3) The owner of an associated water share may apply to the Minister for a determination under section 33AP in respect of that share. * * * * * * * * * * Water Act 1989 - SECT 33AS Obligations for water share owners on cessation of ownership or occupation of land 33AS. Obligations for water share owners on cessation of ownership or occupation of land (1) A person who owns a water share that is an associated water share must notify the Minister of any cessation of ownership or occupation of the land that is associated with the water share. Penalty: 20 penalty units. * * * * * * * * * * * * * * * * * * * * * * * * * Division 12-Miscellaneous matters as to water shares Water Act 1989 - SECT 33AV Effect of death of owner of water share or holder of limited term transfer 33AV. Effect of death of owner of water share or holder of limited term transfer (1) On the death of a person who is the sole owner of a water share, the share forms part of the estate of that person. (2) On the death of a person who owns a water share as a joint tenant with other persons, the remaining owners of the water share become the joint owners of the share. (3) On the death of a person who owns a water share as a tenant in common with other persons, that person's portion of the water share becomes part of the estate of that person. (4) On the death of a person who is the sole holder of a limited term transfer, the transfer forms part of the estate of that person. (5) On the death of a person who holds a limited term transfer as a joint tenant with other persons, the remaining holders of the limited term transfer become the joint holders of the transfer. (6) On the death of a person who holds a limited term transfer as a tenant in common with other persons, that person's portion of the limited term transfer becomes part of the estate of that person. Water Act 1989 - SECT 33AW Applications under this Part 33AW. Applications under this Part An application to the Minister under this Part- (a) must be in the form and made in the manner approved by the Minister; and (b) must be accompanied by the prescribed fee. Water Act 1989 - SECT 33AX Application for Tribunal to review certain decisions of Minister as to water shares 33AX. Application for Tribunal to review certain decisions of Minister as to water shares A person may apply to the Tribunal for a review of a decision of the Minister to- (a) refuse an application by the person for the issue of a water share; or (b) refuse an application by the person for the variation of a water share; or (c) make a determination under section 33G; or (d) refuse to approve the transfer of ownership of a water share under section 33X(1)(a); or (e) refuse to approve a limited term transfer of a water share under section 33X(1)(b); or (f) refuse to approve a water allocation assignment under section 33X(1)(c); or (g) refuse an application by the person to divide a water share or to consolidate two or more water shares; or (h) refuse an application by the person for the cancellation of a water share under section 33AB; or (i) refuse an application under section 33AG or section 33AI. Water Act 1989 - SECT 33AY Time for making application 33AY. Time for making application An application under section 33AX must be made within 28 days of the later of- (a) the day on which the decision is made; or (b) if, under the Victorian Civil and 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 under section 46(5) of that Act that a statement of reasons will not be given. Division 13-Rule making powers of Minister Water Act 1989 - SECT 33AZ Rule making powers for water shares 33AZ. Rule making powers for water shares (1) The Minister may, by Order, published in the Government Gazette, set out rules- (a) with respect to adjustment of volumes to be applied to transfers, assignments and variations of water shares; and (b) as to the circumstances in which the consent of any Authority under this Act will be required to transfers or assignments under this Part; and (c) as to any matters relating to applications under this Part; and (d) as to the circumstances in which the Minister will give or refuse to give approvals under this Part; and (e) as to the circumstances in which water shares will be consolidated or divided under this Part; and (f) as to the circumstances in which the Minister will make determinations under Division 10 of this Part; and (g) as to any other matters the Minister is authorised to make rules for under this Part. (2) An Order under this section may be amended or revoked in the same manner as that in which it is made. _______________ Water Act 1989 - PART 4 PART 4 ALLOCATION OF WATER Division 1-Bulk entitlements Water Act 1989 - SECT 34 Definition and disallowance 34. Definition and disallowance (1) In this Division Authority means- (a) any person empowered to carry out any function under this Act in relation to water supply or irrigation; or (ab) a person holding a water licence or a water and sewerage licence issued under Division 1 of Part 2 of the Water Industry Act 1994; or (b) any council that supplies water under the Local Government Act 1989; or (c) Melbourne Water Corporation; or (d) the State Electricity Commission of Victoria; or (da) VENCorp; or (db) a transmission company within the meaning of the Electricity Industry Act 2000; or * * * * * (dd) a distribution company within the meaning of the Electricity Industry Act 2000; or (de) a generation company within the meaning of the Electricity Industry Act 2000; or (e) the Minister administering the Conservation, Forests and Lands Act 1987; or (f) the Minister administering the Planning and Environment Act 1987. (2) Sections 23, 24 and 25 of the Subordinate Legislation Act 1994 apply to an Order made under this Division or Division 3 by the Minister or Governor in Council as if the Order were a statutory rule within the meaning of that Act that had been laid before each House of Parliament on the day on which the Order, or a notice stating the place where copies of the Order can be obtained, was published in the Government Gazette. (3) An Order referred to in subsection (2) 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 Subordinate Legislation Act 1994. (4) Disallowance under subsection (3) is deemed to be disallowance by Parliament for the purposes of the Subordinate Legislation Act 1994. (5) It is sufficient compliance with the requirements of sections 42(1)(c), 42(5)(b), 44(1), 47(4)(b), 47C(10)(b)(i) and (ii) and 64C(1)(b)(i) and (ii) for an Order to be published in the Government Gazette if a notice is published in the Government Gazette stating the place where copies of the Order can be obtained. Water Act 1989 - SECT 35 Application of Division 35. Application of Division (1) An Authority may only be granted a bulk entitlement to water in accordance with the provisions of this Division or Division 3. (2) An Authority that has an entitlement to take water- (aa) that was granted before the commencement of this Division by or under an Act that was repealed before that commencement and was continued by an Act that is repealed by this Act and is further continued by this Act; or (a) that was granted before the commencement of this Division by or under an Act that is repealed by this Act and is continued by this Act; or (b) that is granted by or under an Act that is not repealed by this Act- may apply in accordance with section 47 to have that entitlement converted into an entitlement granted under this Division. (3) Melbourne Water Corporation may, in relation to any entitlement to take water that it has and that is continued by clause 14 of Schedule 16, apply in accordance with section 47 to have that entitlement converted to an entitlement under this Division. Water Act 1989 - SECT 36 Application for bulk entitlement 36. Application for bulk entitlement (1) An Authority may apply to the Minister for the grant of a bulk entitlement to- (a) water in a waterway (including the River Murray); or (b) groundwater; or (c) water, other than recycled water, in any works of another Authority; or * * * * * (e) water, other than recycled water, in any works of a person holding a water licence, a water and sewerage licence or a water headworks licence issued under Division 1 of Part 2 of the Water Industry Act 1994; or (f) any other water, other than recycled water, to which an Authority has access. (2) An application must- (a) be made in a form and manner approved by the Minister; and (b) contain- (i) particulars of- (A) the maximum amounts of water in any specified period or periods; or (B) the timing and level of flow- to which an entitlement is being sought; and (ii) particulars of the source from which the water being sought is to come; and (iii) particulars of the matters referred to in paragraphs (b) to (l) of section 40(1) and in section 40(2); and (iv) any other particulars that are prescribed; and (c) be accompanied by the prescribed application fee. (3) The Minister must forward a copy of an application to- (a) the Minister administering the Conservation, Forests and Lands Act 1987; and (b) the Minister administering the Planning and Environment Act 1987; and (c) any public statutory body which the Minister considers may be directly affected by the application. (4) For the purposes of this section, waterway includes any collection of water which is from time to time replenished in whole or in part by water coming by a natural sub-surface path from a waterway. Water Act 1989 - SECT 37 Referral to Governor in Council 37. Referral to Governor in Council The Minister may refer an application under section 36(1) to the Governor in Council for determination. Water Act 1989 - SECT 38 Advertisement etc. of application 38. Advertisement etc. of application (1) This section applies to an application- (a) under section 36(1) for the grant of a bulk entitlement; or (b) under section 44 for the amendment of a bulk entitlement; or (c) under section 46 for approval of the transfer of a bulk entitlement; or (d) under section 47 for the conversion of an existing entitlement. (2) The Minister or Governor in Council (as the case requires) may do either or both of the following- (a) himself or herself give notice of an application to which this section applies in any manner that he or she thinks fit or require the applicant to do so in any manner specified by the Minister or Governor in Council (as the case requires); (b) by notice served on the applicant require the applicant- (i) to provide the further information specified in the notice within the period specified in the notice; or (ii) to participate in an investigation specified in the notice designed to enable the Minister or Governor in Council (as the case requires) to assess the likely effects of granting the application and to bear all of the cost of that investigation or the part of that cost specified in the notice. (3) A notice given under paragraph (a) of subsection (2) may invite submissions on the application to be made in the manner specified in the notice within the period specified in the notice. Water Act 1989 - SECT 39 Appointment of panel 39. Appointment of panel (1) The Minister or Governor in Council (as the case requires) may appoint a panel of persons to consider submissions made on an application under section 36(1). (2) Subject to anything specified by the Minister or Governor in Council when appointing the panel, a panel may regulate its own proceedings. (3) If submissions on the application have not been invited by a notice given under section 38(2)(a), the panel must cause a notice to be published in a newspaper circulating generally in the area concerned inviting submissions on the application within the period specified in the notice. (4) The Minister or Governor in Council (as the case requires) must make sure that any person that receives a copy of the application under section 36(3) is informed of- (a) the appointment of a panel under subsection (1); and (b) that person's right to make a submission on the application. (5) After considering- (a) all submissions referred or made to it; and (b) any further information provided under section 38(2)(b)(i); and (c) the results of any investigation carried out under section 38(2)(b)(ii)- the panel must report its findings to the Minister or Governor in Council (as the case requires) within the period specified by him or her. (6) The panel may include in its report any recommendations that it thinks fit. (7) A member of a panel is entitled to be paid any fees and allowances fixed by the Governor in Council. Water Act 1989 - SECT 40 Matters to be taken into account 40. Matters to be taken into account (1) In considering an application under section 36(1), the Minister or Governor in Council (as the case requires) must have regard to the following matters- (a) the report of any panel appointed under section 39(1); (b) the existing and projected availability of water in the area; (ba) the permissible consumptive volume, if any, for the area; (c) the existing and projected quality of water in the area; (d) any adverse effect that the allocation or use of water under the entitlement is likely to have on- (i) existing authorised uses of water; or (ii) a waterway or an aquifer; or (iii) the drainage regime within the meaning of section 12(1); or (iv) the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; (e) any water to which the applicant is already entitled; (f) any volume of water that is allocated for sale under section 222(1)(c); (g) the need to protect the environment, including the riverine and riparian environment; * * * * * (i) the conservation policy of the government; (j) government policies concerning the preferred allocation or use of water resources; (ja) whether the proposed source of water is within a heritage river area or natural catchment area within the meaning of the Heritage Rivers Act 1992 and whether there is any restriction on the use of the area under that Act11; (k) if appropriate, the proper management of the waterway and its surrounds or of the aquifer; (l) the purposes for which the water is to be used; (m) the needs of other potential applicants; (n) so far as available to the Minister or Governor in Council- (i) any relevant report or statement prepared under any Act; or (ii) the findings of, or any evidence given or submission made to, any relevant investigation or inquiry held under any Act or held by any Committee of the Cabinet, government department or public statutory body whether or not under an Act; (o) any other matter that the Minister or Governor in Council thinks fit to have regard to. (2) In considering an application under section 36(1), the Minister or Governor in Council (as the case requires) must give effect to an approved management plan for any relevant water supply protection area. Water Act 1989 - SECT 41 Application to be deferred in certain circumstances 41. Application to be deferred in certain circumstances If- (a) a notice is published under section 27(4)(a)(i); and (b) an application is subsequently made under section 36(1) in respect of groundwater in an area that is the subject of the proposed declaration- the Minister or Governor in Council (as the case requires) must defer consideration of the application until either- (c) an Order is made under section 27(1); or (d) a notice is published under section 27(10). Water Act 1989 - SECT 42 Determination of application 42. Determination of application (1) The Minister or Governor in Council (as the case requires) may deal with an application under section 36(1) in any of the following ways- (a) refuse it; (b) give preliminary approval to it; (c) approve it and grant the entitlement by Order published in the Government Gazette. (2) The Minister or Governor in Council (as the case requires) must not approve an application under subsection (1)(c) unless he or she considers that the allocation of water under the entitlement is not likely to have any significant impact in terms of the matters required to be considered and given effect to under section 40. (3) If the Minister or Governor in Council gives preliminary approval to an application under subsection (1)(b), he or she must make sure that- (a) everyone who made a submission on the application is notified of the giving of preliminary approval; and (b) a notice of the giving of preliminary approval is published in a newspaper circulating generally in the area concerned. (4) A notice published under subsection (3)(b) must- (a) set out the prescribed particulars of the application; and (b) set out particulars of the place or places at which a copy or summary of the application and the preliminary approval may be inspected; and (c) advise that any interested person may request a summary of the preliminary approval in the manner specified in the notice; and (d) invite written comments on the preliminary approval to be made within 60 days or any longer period that is specified in the notice; and (e) advise that anyone who so requests will be notified of the final outcome of the application. (5) After considering all written comments made on the preliminary approval in response to a notice published under subsection (3)(b), the Minister or Governor in Council (as the case requires) must decide to- (a) refuse the application; or (b) approve the application and grant the entitlement by Order published in the Government Gazette. (6) If the Minister or Governor in Council refuses an application under subsection (5)(a), he or she must make sure that a notice of the refusal is published in a newspaper circulating generally in the area concerned. Water Act 1989 - SECT 43 Order granting entitlement 43. Order granting entitlement An Order granting an entitlement under this Division may specify in relation to the entitlement granted all or any of the following- (a) a means of quantifying the amount of water, whether by volume or by reference to the level of flow at a specified point or by reference to a share of flow or storage or by any other means or combination of means, and if the amount of water is quantified by reference to a share of storage, then by reference, for example, to- (i) the volumetric share of system capacity available to the Authority; (ii) the share of inflow to the storage available to the Authority; (iii) the volumetric share of releases from the storage available to the Authority; (iv) the seepage and evaporative loss adjustments to be debited to the Authority; (v) the share of inflow to be credited to the Authority when its share of storage capacity does not allow it to receive its full share of inflow; (b) if the amount of water is quantified by reference to a share of flow, then by reference, for example, to the share of flow past a specified point; (ba) if the amount of water is part of the bulk entitlement of another Authority, the circumstances in which that other Authority may exercise powers under section 141; (bb) if the amount of water includes amounts in respect of licences under section 51, the total amount attributable to those licences; (c) the obligations of the storage manager, the resource manager and the environmental manager; (d) whether and, if so, in what manner and to what extent the entitlement is transferable; (e) the financial obligations of the Authority (which may include the making of payments to another Authority or to the holder of a licence issued under section 51 or 52); (f) water accounting procedures (which may include the granting of credits to the Authority in respect of water returned to the source); (g) a requirement that the Authority provide, install and maintain at its own expense metering equipment approved by the Minister; (h) a requirement that the Authority carry out at its own expense a metering program approved by the Minister for the purpose of providing the Minister with the type of information specified in the Order at the times and in the form and manner specified in the Order; (i) any other matter that the Minister or Governor in Council (as the case requires) thinks fit to specify, which may include conditions relating to- (i) if appropriate, the protection of the waterway or aquifer; (ii) the returning of water to the source; (iii) the protection of the environment, including the riverine and riparian environment; (iv) the implementation of the conservation policy of the Government; (v) any other requirements as to the maintenance of the environmental water reserve in accordance with the environmental water reserve objective. Water Act 1989 - SECT 43A Appointment of resource managers and environmental managers 43A. Appointment of resource managers and environmental managers (1) The Minister may, in respect of each bulk entitlement granted under this Division or Division 3, appoint, by instrument, an Authority or any other persons as- * * * * * (b) a resource manager; or (c) an environmental manager- on the terms and conditions specified in the instrument of appointment. (2) A person appointed under subsection (1) holds office for the term specified by the Minister. Water Act 1989 - SECT 44 Amendment of entitlement by Order 44. Amendment of entitlement by Order (1) A bulk entitlement granted or transferred to an Authority under this Division or Division 3 or an entitlement referred to in paragraph (aa), (a) or (b) of section 35(2) may be amended (including by the consolidation of the whole or part of the bulk entitlement with another bulk entitlement) by an Order made by the Minister or Governor in Council (as the case requires) and published in the Government Gazette. (2) An entitlement may only be amended under subsection (1) on the application of- (a) the Authority holding the entitlement; or (b) another Authority with the support of another Minister. (3) The provisions of this Division relating to the procedure to be followed with respect to an application for the grant of an entitlement apply, with any necessary modifications, with respect to an application for the amendment of an entitlement. Water Act 1989 - SECT 44A Amendment of entitlement where water allocated to environmental entitlement 44A. Amendment of entitlement where water allocated to environmental entitlement (1) A bulk entitlement granted to an Authority under this Division may be amended (by notice in writing given by the Minister to the holder of the entitlement) by removing from the entitlement any water that is set aside for the environment through the operation of a condition on the entitlement. (2) An entitlement must not be amended under subsection (1) unless the Minister is allocating to an environmental entitlement the water that is subject of the condition under the bulk entitlement. Water Act 1989 - SECT 44B Cancellation of bulk entitlement where water to be transferred to environmental entitlement 44B. Cancellation of bulk entitlement where water to be transferred to environmental entitlement (1) On application by an Authority to which a bulk entitlement has been granted under this Division, the Minister may cancel the bulk entitlement and allocate an environmental entitlement under Division 1A, either- (a) for an equivalent volume to that in the bulk entitlement; or (b) on equivalent terms and conditions to those specified in the bulk entitlement. (2) An entitlement must not be cancelled under subsection (1) unless the Minister is allocating to an environmental entitlement the water that is subject of the bulk entitlement. (3) The cancellation of a bulk entitlement under subsection (1) has effect from the time at which notice in writing is given by the Minister to the holder of the entitlement. Water Act 1989 - SECT 45 Minor amendment of entitlement by notice 45. Minor amendment of entitlement by notice (1) A bulk entitlement granted to an Authority under this Division may be amended by notice given by the Minister to the holder of the entitlement. (2) An entitlement may only be amended under subsection (1) if the holder of the entitlement has applied to the Minister for the amendment and the amendment is necessary because of- (a) a mistake in the description of any element of the entitlement; or (b) a minor variation arising from practical operations. Water Act 1989 - SECT 46 Transfer of entitlement 46. Transfer of entitlement (1) A bulk entitlement held by an Authority under this Division may, in accordance with this section, be transferred in whole or in part to one or more other Authorities. (2) A transfer may be either permanent or temporary. (3) An Authority that holds an entitlement under this Division may apply to the Minister for approval of the transfer. (4) An application must- (a) be made in a form and manner approved by the Minister; and (b) contain any information that- (i) is prescribed; or (ii) is required by the Minister; and (c) be accompanied by any prescribed application fee. (5) If an application is made- (a) the Minister, if he or she is of the opinion that- (i) the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or (ii) the entitlement or part to be transferred is not surplus to the needs of the Authority- must refuse to approve the transfer; or (b) in any other case the Minister, in considering whether or not to approve the application must have regard to any of the matters mentioned in section 40(1), and, subject to subsection (7), may- (i) refuse to approve the transfer; or (ii) approve the transfer on any condition that could have been specified in an Order granting the entitlement under section 43(i). (5A) In considering an application, the Minister must give effect to an approved management plan for any relevant water supply protection area. * * * * * (7) The Minister must not deal with an application in a way that is inconsistent with anything specified in the Order granting the entitlement under section 43(d). (8) For the purposes of transfers under this section, an Authority has power to sell a bulk entitlement, or part of a bulk entitlement- (a) at auction; or (b) by inviting tenders; or (c) in any other manner that it thinks fit. (9) If- (a) an Authority decides to sell the whole or part of a bulk entitlement under this section; and (b) the proposed transfer is to be permanent- the Authority must cause a notice to be published in the Government Gazette and in a newspaper circulating generally in the area concerned- (c) declaring that the bulk entitlement, or a part of the bulk entitlement, is available for purchase; and (d) giving details of the method by which the bulk entitlement or part is to be sold. Water Act 1989 - SECT 46A Permanent and temporary transfers of bulk entitlements to irrigators 46A. Permanent and temporary transfers of bulk entitlements to irrigators (1) An Authority holding a bulk entitlement may, in accordance with this section, transfer the whole or part of the entitlement to a person who is- (a) the owner or occupier of a holding in an irrigation district; or (b) the holder of a licence under section 51; or (c) the owner of a water share. (2) A transfer may only be made with the approval of the Authority whose works will be used to supply the water or, if there is no such Authority, the Minister. * * * * * (3A) A transfer may be either permanent or temporary. (3B) A permanent transfer may only be made with the approval of the Minister. (3C) In giving approval under subsection (3B)- (a) the Minister, if he or she is of the opinion that- (i) the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or (ii) the entitlement or part to be transferred is not surplus to the obligations of the Authority to supply water- must refuse to approve the transfer; or (b) in any other case the Minister, in considering the proposal must have regard to the matters set out in section 40(1) and may- (i) refuse to approve the transfer; or (ii) approve the transfer on any condition that could have been specified in an Order granting the entitlement under section 43(i). (4) A temporary transfer takes effect for the period agreed between the parties but not exceeding- (a) if the transfer is approved during an irrigation period, the remainder of that irrigation period; and (b) if the transfer is approved between irrigation periods, the duration of the next irrigation period after the transfer is approved. (5) Subject to this Act, the Authority referred to in subsection (2) must supply to the land of the transferee any volume of water the right to which is the subject of the transfer. (6) An application for the approval by an Authority or the Minister of a transfer must- (a) be made in the prescribed form and manner; and (b) contain any information that is prescribed; and (c) be accompanied by the prescribed fee, if any. (7) For the purposes of transfers under this section, an Authority has power to sell a bulk entitlement, or part of a bulk entitlement- (a) at auction; or (b) by inviting tenders; or (c) in any other manner that it thinks fit. (8) If- (a) an Authority decides to sell the whole or part of a bulk entitlement under this section; and (b) the proposed transfer is to be permanent- the Authority must cause a notice to be published in the Government Gazette and in a newspaper circulating generally in the area concerned- (c) declaring that the bulk entitlement, or a part of the bulk entitlement, is available for purchase; and (d) giving details of the method by which the bulk entitlement or part is to be sold. (9) Following a permanent transfer under this section- (a) the Authority must apply for the amendment of its bulk entitlement in accordance with section 44 or 45; and (b) if the purchaser is the owner or occupier of a holding in an irrigation district, the Authority must ensure that details of the sale are given to the Authority that has the irrigation district for entry in the register of lands kept under section 230. Water Act 1989 - SECT 46B Temporary transfer to person outside Victoria 46B. Temporary transfer to person outside Victoria (1) An Authority holding a bulk entitlement may, in accordance with this section, transfer for a period not exceeding 12 months the whole or part of that entitlement to a person outside Victoria. (2) A transfer may only be made with the approval of the Minister. (3) An Authority may apply to the Minister for approval under subsection (2). (4) An application must- (a) be made in a form and manner approved by the Minister; and (b) contain any information that- (i) is prescribed; or (ii) is required by the Minister; and (c) be accompanied by the prescribed fee, if any. (5) Where a transfer under subsection (1) is proposed to be made- (a) the Minister, if he or she is of the opinion that- (i) the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or (ii) the entitlement or part to be transferred is not surplus to the obligations of the Authority to supply water- must refuse to approve the transfer; or (b) in any other case the Minister, in considering the proposal must have regard to the matters set out in section 40(1) and, subject to subsection (7), may- (i) refuse to approve the transfer; or (ii) approve the transfer on any condition that could have been specified in an Order granting the entitlement under section 43(i). * * * * * (7) The Minister must not deal with an application in a way that is inconsistent with anything specified in the Order granting the entitlement under section 43(d). (8) For the purposes of transfers under this section, an Authority has power to sell a bulk entitlement, or part of a bulk entitlement- (a) at auction; or (b) by inviting tenders; or (c) in any other manner that it thinks fit. (9) Section 46(9) applies to a proposed sale of the whole or part of a bulk entitlement under this section as if it were a permanent transfer. Water Act 1989 - SECT 47 Conversion of existing entitlements 47. Conversion of existing entitlements (1) An Authority that has an entitlement to take water referred to in paragraph (aa), (a) or (b) of section 35(2) or section 35(3) may apply to the Minister to have the whole or part of that entitlement converted into an entitlement or two or more entitlements granted under this Division. (2) An application must- (a) be made in a form and manner approved by the Minister; and (b) contain particulars of the entitlement held by the applicant; and (c) be accompanied by any prescribed application fee. (3) The Minister must forward a copy of an application to any entitlement holder whom the Minister considers may be directly affected by the application. (4) After considering any comments made on the application by an entitlement holder to whom the Minister forwarded a copy of the application, the Minister may deal with an application in any of the following ways- (a) refuse it; (b) approve it (with or without modification) and by Order published in the Government Gazette in accordance with section 43 convert the whole or part of the entitlement into an entitlement or two or more entitlements granted under this Division. (5) Without limiting subsection (4)(b), a modification under that subsection may provide for the granting of a reduced or increased entitlement. Water Act 1989 - SECT 47A Compliance with terms of bulk entitlement 47A. Compliance with terms of bulk entitlement (1) An Authority (other than an Authority referred to in paragraph (a), (b), (c), (e) or (f) of section 34(1)) must comply with the specifications of an Order granting an entitlement to it under this Division or Division 3. (2) An Authority which contravenes subsection (1) is guilty of an offence against this Act and liable to a penalty of not more than 200 penalty units and in the case of a continuing offence to a daily penalty of not more than 80 penalty units for each day the offence continues after conviction or after service by or on behalf of the Minister of notice of contravention of this section. (3) The Minister may, by notice in writing to an Authority which contravenes subsection (1), require the Authority to take any action specified in the notice within the time (being not less than 2 days) that is specified in the notice or any longer time allowed by the Minister, to remedy the contravention. (4) If a notice of contravention is not complied with within the time specified or any longer time allowed by the Minister, the Minister may- (a) cause to be carried out any works and take any other action the Minister decides is necessary to remedy the contravention, and recover reasonable costs from the Authority on which the notice was served; and (b) cause to be removed or disconnected any works of the Authority in relation to which the contravention occurs, and recover reasonable costs from the Authority on which the notice was served; and (c) apply to a court for an injunction restraining the Authority on which the notice was served from contravening the notice. Water Act 1989 - SECT 47B Minister may request application 47B. Minister may request application (1) The Minister may request an Authority, by notice in writing to the Authority, to make an application under section 36 or 47. (2) If the Authority fails to make the application requested under subsection (1) within 2 months after the request the Minister may give notice to the Authority that the Minister intends- (a) to grant a bulk entitlement under this Division to the Authority; or (b) to convert the whole or part of an entitlement referred to in paragraph (aa), (a) or (b) of section 35(2) into an entitlement or 2 or more entitlements under this Division. (3) After giving notice in accordance with subsection (2), the Minister may prepare a proposed Order in accordance with section 43. (3A) A proposed Order converting the whole or part of an entitlement referred to in paragraph (aa), (a) or (b) of section 35(2) into an entitlement or 2 or more entitlements under this Division may propose the granting of a reduced or increased entitlement. (4) The Minister must give notice of the proposed Order in any manner that the Minister thinks fit. (5) A notice given under subsection (4) may invite submissions on the proposed Order to be made in the manner specified in the notice within the period specified in the notice. (6) If the proposed Order converts the whole or part of an entitlement referred to in paragraph (aa), (a) or (b) of section 35(2) into an entitlement or 2 or more entitlements under this Division, the Minister must- (a) forward a copy of the proposed Order to any entitlement holder whom the Minister considers may be directly affected by the proposed Order; and (b) consider any comments made on the proposed Order by an entitlement holder to whom the Minister forwarded a copy. (7) After considering any submissions or comments made on the proposed Order, the Minister may, by Order published in the Government Gazette- (a) grant the bulk entitlement under this Division; or (b) convert the whole or part of the entitlement referred to in paragraph (aa), (a) or (b) of section 35(2) into an entitlement or 2 or more entitlements granted under this Division- as the case may be. (7A) An Order converting the whole or part of an entitlement referred to in paragraph (aa), (a) or (b) of section 35(2) into an entitlement or 2 or more entitlements under this Division may provide for the granting of a reduced or increased entitlement. (8) The provisions of this section apply despite any other provisions of this Division. Water Act 1989 - SECT 47C Conversion of licences, water shares or water rights to bulk entitlements 47C. Conversion of licences, water shares or water rights to bulk entitlements (1) An Authority may acquire, by permanent transfer, a licence under section 51 or water rights made available under section 222(1)(b) for the purpose of conversion to a bulk entitlement held by the Authority, in accordance with subsection (10). (1A) An Authority may acquire, by transfer under section 33S, a water share for the purpose of conversion to a bulk entitlement held by the Authority, in accordance with subsection (10A). (2) Unless the Minister determines otherwise, an Authority must not use any licences, water shares or water rights for the purpose of bulk water supply until they have been converted to a bulk entitlement in accordance with this section. (3) An Authority intending to acquire such licences, water shares or water rights for the purpose of conversion to a bulk entitlement must apply to the Minister to set the terms and conditions of conversion. (4) An application under subsection (3) must- (a) be made in a form and manner approved by the Minister; and (b) contain any information that- (i) is prescribed; or (ii) is required by the Minister; and (c) be accompanied by the prescribed fee, if any. (5) On an application under subsection (3), the Minister may do either or both of the following- (a) give notice of the application in any manner that the Minister thinks fit or require the applicant to do so in any manner specified by the Minister; (b) by notice served on the applicant require the applicant- (i) to provide the further information specified in the notice within the period specified in the notice; or (ii) to participate in an investigation specified in the notice designed to enable the Minister to assess the likely effects of granting the application and to bear all of the cost of that investigation or the part of that cost specified in the notice. (6) A notice given under subsection (5)(a) may invite submissions on the application to be made in the manner specified in the notice within the period specified in the notice. (7) In considering an application under this section, the Minister may have regard to any matter referred to in paragraphs (a) to (o) of section 40(1). (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. (8) The Minister may set any terms and conditions of a conversion to a bulk entitlement that the Minister thinks fit or refuse to allow the conversion. (9) A transfer for the purpose of conversion to a bulk entitlement may only be made- (a) after consultation between the parties to the proposed transfer; and (b) in accordance with this section and section 62 or 226, as the case may be, with any necessary modifications. (10) If a licence or water rights in respect of a holding are transferred permanently to an Authority the Minister, on application by the Authority and in accordance with the terms and conditions set by the Minister under subsection (8)- (a) in the case of a licence, must quantify the entitlement to take and use water in accordance with the licence; and (b) may either- (i) if the Authority holds a bulk entitlement, by Order published in the Government Gazette, amend the entitlement to add the amount determined under paragraph (a) or the amount of water that is specified in the register in respect of the holding; or (ii) by Order published in the Government Gazette, grant to the Authority a bulk entitlement for the amount or amounts referred to in subparagraph (i); and (c) must revoke the licence, if any. (10A) If a water share is transferred to an Authority under section 33S, the Minister, on application by the Authority and in accordance with the terms and conditions set by the Minister under subsection (8) may either- (a) if the Authority holds a bulk entitlement, by Order published in the Government Gazette, amend the entitlement to add the amount determined as the maximum volume of the water share; or (b) by Order published in the Government Gazette, grant to the Authority a bulk entitlement for the amount determined as the maximum volume of the water share. (11) For the purpose of this section, the Governor in Council may make regulations for or with respect to fixing fees payable to the Minister for processing an application to set terms and conditions of conversion to a bulk entitlement. Water Act 1989 - SECT 47D Minister may sell unallocated water 47D. Minister may sell unallocated water (1) If- (a) an entitlement to take water has been converted, whether before or after the commencement of section 11 of the Water (Further Amendment) Act 1995, in accordance with section 47; and (b) the entitlement is in respect of water in a storage which on 1 January 1995 was owned by the Rural Water Corporation; and (c) there is water in the storage that is not allocated to the converted entitlement; and (d) the Minister has determined that the flow of water out of the storage is adequate having regard to the need to maintain the environmental water reserve in accordance with the environmental water reserve objective- the Minister may, by notice published in the Government Gazette, declare that an amount of water is unallocated water. (2) If the Minister has made a declaration under subsection (1), the Minister- (a) may by notice published in a newspaper circulating generally in the area concerned, declare that the unallocated water is available for purchase by any person holding the qualifications specified in the notice on the terms and conditions specified in the notice; and (b) must consult with the Authority responsible for delivery of the water before determining the terms and conditions of sale. (3) A declaration under subsection (2)(a) must- (a) specify a means referred to in section 43(a) of quantifying the amount of water; and (b) specify the adjustment, if any, of volumes to be applied to the transfer; and (c) specify that, if unallocated water is to be converted to a bulk entitlement after sale, the sale is void if the Order granting the bulk entitlement is disallowed by the Parliament under section 34; and (d) give details of the method by which the unallocated water is to be sold, whether at auction or by inviting tenders or in any other manner that the Minister thinks fit. (4) A transfer under this section is permanent. (5) Following a transfer under this section, the Minister must do any or all of the following as is appropriate in the circumstances- (a) grant a bulk entitlement to the purchaser by Order published in the Government Gazette; (b) amend a bulk entitlement held by the purchaser in accordance with section 44 or 45; (c) in the case of- (i) water in a non-declared water system, issue a licence under section 51 to the purchaser; or (ii) water in a declared water system, issue a water share under Part 3A to the purchaser; (d) ensure that details of the sale are given to the relevant Authority for entry in the register of lands kept under section 230. Water Act 1989 - SECT 47E Rule making powers for bulk entitlements 47E. Rule making powers for bulk entitlements (1) The Minister may, by Order, published in the Government Gazette, set out rules- (a) with respect to adjustment of volumes to be applied to transfers (whether permanent or temporary) of bulk entitlements under this Division; and (b) as to the circumstances in which the consent of any Authority under this Act will be required to any such transfers; and (c) as to any matters relating to applications for such transfers; and (d) as to the circumstances in which the Minister will give or refuse to give approvals for such transfers; and (e) as to any other matters the Minister is authorised to make rules for under this Division. (2) An Order under this section may be amended or revoked in the same manner as that in which it is made. Water Act 1989 - SECT 48 Register of entitlements 48. Register of entitlements (1) The Department Head must cause a register to be kept of all entitlements (as amended or transferred from time to time) granted under this Division or Division 3. (2) The register must be made available at the office of the Department Head for any person to inspect during office hours free of charge. Division 1A-Environmental entitlements Water Act 1989 - SECT 48A Definitions 48A. Definitions In this Division- apply, in relation to water, includes the taking or use of water; * * * * * request means a request for the grant of an environmental entitlement made under section 48C(1)(b). Water Act 1989 - SECT 48B Allocation of environmental entitlement 48B. Allocation of environmental entitlement (1) The Minister may, by instrument, allocate to the environment Minister, on behalf of the Crown, an entitlement to- (a) water in a waterway (including the River Murray); or (b) groundwater; or (c) water (other than recycled water) in any works of an Authority; or (d) water (other than recycled water) in any works of the Melbourne Water Corporation; or (e) water (other than recycled water) in any works of a person holding a water licence, a water and sewerage licence or a water headworks licence issued under Division 1 of Part 2 of the Water Industry Act 1994. (2) The Minister may allocate an environmental entitlement under subsection (1) for the purpose of- (a) maintaining the environmental water reserve in accordance with the environmental water reserve objective; or (b) improving the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality, and the other uses that depend on environmental condition. Water Act 1989 - SECT 48BA Authorisation of entitlement 48BA. Authorisation of entitlement An environmental entitlement authorises- (a) the holder of the entitlement to apply any water allocation under the entitlement (other than a water allocation that has been assigned under section 48L or 48M) for the purpose set out in section 48B(2); or (b) a person to whom a water allocation has been assigned under section 48L or 48M to apply any water allocation that has been assigned to that person for any purpose (whether or not it is a purpose set out in section 48B(2)). Water Act 1989 - SECT 48C Requirements as to making of allocation 48C. Requirements as to making of allocation (1) The Minister may make an allocation under section 48B either- (a) of his or her own motion; or (b) at the request of the environment Minister. (2) The Minister, on allocating an entitlement under this section, must cause a copy of the instrument allocating the entitlement to be published in the Government Gazette. Water Act 1989 - SECT 48D Advertisement etc. of request 48D. Advertisement etc. of request (1) Where a request has been made, the Minister must either- (a) cause notice of the request to be advertised in any manner that he or she thinks fit; or (b) require the environment Minister to advertise the request in any manner specified by the Minister. (2) A notice under subsection (1) may invite submissions on the request to be made in the manner specified in the notice within the period specified in the notice. Water Act 1989 - SECT 48E Appointment of panel 48E. Appointment of panel (1) The Minister may, by instrument, appoint a panel of persons to consider submissions made under section 48D(2) on the request, and the persons appointed to the panel must be persons who have knowledge of or experience in the matters that the panel is to consider. (2) Subject to any specifications of the Minister when appointing the panel, a panel may regulate its own proceedings. (3) If submissions on the request have not been invited by a notice given under section 48D(1)(a), the panel must cause a notice to be published in a newspaper circulating generally in the area concerned inviting submissions on the request within the period specified in the notice. (4) After considering all submissions referred or made to it, the panel must report its findings to the Minister within the period specified by the Minister. (5) The panel may include in its report any recommendations that it thinks fit. (6) A member of a panel is entitled to be paid any fees and allowances fixed by the Governor in Council. Water Act 1989 - SECT 48F Matters to be considered 48F. Matters to be considered (1) Before making an allocation under section 48B, the Minister must have regard to the following matters- (a) the report of any panel appointed under this Division; (b) any adverse effect that the allocation or use of water under the entitlement is likely to have on existing authorised uses of water in the water systems for which the allocation is to be made; (c) the conservation policy of the government; (d) government policies concerning the preferred allocation or use of water resources; (e) the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; (f) whether the water for which the allocation is to be made is from a water system that is within a heritage river area or natural catchment area (within the meaning of the Heritage Rivers Act 1992); (g) any relevant Sustainable Water Strategy that has been endorsed under section 22G(1); (h) any other matter that the Minister thinks fit to have regard to. (2) In considering a request, the Minister must give effect to an approved management plan for any relevant water supply protection area. Water Act 1989 - SECT 48G Determination of request 48G. Determination of request The Minister may- (a) refuse a request; or (b) give preliminary approval to a request; or (c) approve a request and allocate the entitlement. Water Act 1989 - SECT 48H Procedures required in determining request 48H. Procedures required in determining request (1) If the Minister gives preliminary approval to a request, he or she must make sure that- (a) everyone who made a submission on the request is notified of the giving of preliminary approval; and (b) a notice of the giving of preliminary approval is published in a newspaper circulating generally in the area concerned. (2) A notice published under subsection (1)(b) must- (a) set out the prescribed particulars of the request; and (b) set out particulars of the place or places at which a copy or summary of the request and the preliminary approval may be inspected; and (c) advise that any interested person may ask for a summary of the preliminary approval in the manner specified in the notice; and (d) invite written comments on the preliminary approval to be made within 60 days or any longer period that is specified in the notice; and (e) advise that anyone who so applies will be notified of the final outcome of the request. (3) After considering all written comments made on the preliminary approval in response to a notice published under subsection (1)(b), the Minister must decide either to- (a) refuse the request; or (b) approve the request and allocate the entitlement under section 48B. (4) If the Minister refuses a request under subsection (3)(a), he or she must make sure that a notice of the refusal is published in a newspaper circulating generally in the area concerned. Water Act 1989 - SECT 48I Requirements as to instrument allocating entitlement 48I. Requirements as to instrument allocating entitlement An instrument allocating an entitlement under this Division may specify in relation to the entitlement allocated all or any of the following- (a) a means of quantifying the amount of water that the entitlement consists of; Note The means of quantifying the amount of water that the entitlement consists of may be by volume or by reference to the level of flow at a specified point or by reference to a share of flow or storage or by any other means or combination of means, and if the amount of water is quantified by reference to a share of storage, then by reference, for example, to- (i) the volumetric share of the system capacity of any system within the water system in which the entitlement is allocated; (ii) the share of inflow to any storage within the water system in which the entitlement is allocated; (iii) the volumetric share of releases from any storage within the water system in which the entitlement is allocated; (iv) the seepage and evaporative loss adjustments to be debited from the entitlement; (v) the share of inflow to be credited to the entitlement when the share of storage capacity of any storage within the area does not allow for a full share of inflow determined under subparagraph (ii) to be available- and if the amount of water is quantified by reference to a share of flow, then by reference, for example, to the share of flow past a specified point. (b) water accounting procedures for accounting for the water in the entitlement; (c) any condition imposed on the allocation of the entitlement under section 48J; (d) the class of reliability of the entitlement. Water Act 1989 - SECT 48J Conditions relating to entitlements 48J. Conditions relating to entitlements (1) In allocating or amending an entitlement under this Division the Minister may impose, any conditions that the Minister thinks fit to specify as to the operation and management of the entitlement including conditions relating to- (a) the protection of any waterway or aquifer in that area; or (b) the returning of water in that area to its water system; or (c) the protection of the environment in that area, including the riverine and riparian environment; or (d) payments to be made in relation to services provided by other persons in relation to the entitlement; or (e) the assignment of water allocations under the entitlement; or (f) the implementation of the conservation policy of the Government. (2) For the purposes of giving effect to any conditions imposed under subsection (1), the Minister may require an Authority to perform any functions or duties specified in the entitlement by the Minister. Water Act 1989 - SECT 48K Amendment of entitlement by the Minister 48K. Amendment of entitlement by the Minister (1) The Minister, at the request of the environment Minister, may amend an entitlement under this Division. (2) The environment Minister must not request an amendment to an entitlement under this Division unless he or she is of the opinion that the amendment would benefit the environmental water reserve. (3) An amendment to an entitlement under this section must be made by instrument and published in the Government Gazette. (4) The provisions of this Division relating to the procedure to be followed with respect to a request for the allocation of an entitlement under this Division apply, with any necessary modifications, with respect to a request for an amendment under subsection (3)(b) that is not for an amendment that is necessary because of- (a) a mistake in the description in any element of the entitlement; or (b) a minor variation arising from practical operations. Water Act 1989 - SECT 48KA Water allocations may be applied for other environmental entitlements 48KA. Water allocations may be applied for other environmental entitlements The environment Minister, after consulting the Minister, may apply a water allocation (that has been determined by an Authority for an environmental entitlement in a water system) for the purposes of an environmental entitlement that is not the environmental entitlement in the water system for which the water allocation was determined. Water Act 1989 - SECT 48L Assignment of water allocation 48L. Assignment of water allocation (1) The environment Minister may, by instrument, assign the whole or a part of a water allocation available under an environmental entitlement (at the time at which the assignment is made) to- (a) a person who is the owner or occupier of land specified in a water-use licence or water-use registration; or (b) a person who is the owner or occupier of land in another State or a Territory of the Commonwealth; or (c) a person who represents the Crown in the right of another State or a Territory of the Commonwealth; or (d) a person who is the holder of a bulk entitlement. (1A) The environment Minister must not make an assignment under subsection (1) unless he or she has first obtained the approval of the Minister for the assignment. (1B) An assignment under this section entitles the holder of the assignment to receive water under the water allocation under the environmental entitlement from the date specified in the assignment. (2) The environment Minister must not make an assignment under subsection (1) unless the environment Minister is of the opinion that the assignment would benefit the environmental water reserve. Water Act 1989 - SECT 48M Further assignment of water allocation 48M. Further assignment of water allocation (1) A person to whom the whole or a part of a water allocation has been assigned under section 48L, or under this section, may assign the whole of the assigned allocation to another person who is the owner or occupier of land specified in a water-use licence or water-use registration. (2) An assignment under this section entitles the holder of the assignment to receive water under the water allocation under the environmental entitlement from the date specified in the assignment. Water Act 1989 - SECT 48N Offence to give an assignment without Ministerial approval 48N. Offence to give an assignment without Ministerial approval A person must not assign a water allocation under section 48M unless the Minister has approved the assignment. Penalty: 60 penalty units. Water Act 1989 - SECT 48O Ministerial approval 48O. Ministerial approval (1) The Minister may- (a) on a request from the environment Minister, approve the assigning of a water allocation for the purposes of section 48L; or (b) on an application by a person, approve the assigning of a water allocation for the purposes of section 48M. (2) The Minister must not give an approval under subsection (1) for any prescribed reason. (3) In giving an approval under subsection (1), the Minister must have regard to any relevant rules determined under section 48P. * * * * * Water Act 1989 - SECT 48P Rule making powers for environmental entitlements 48P. Rule making powers for environmental entitlements (1) The Minister may, by Order, published in the Government Gazette, set out rules- (a) with respect to adjustment of volumes to be applied to, assignments of water allocations under entitlements under this Division; and (b) as to the circumstances in which the consent of any Authority under this Act will be required to assignments under this Division; and (c) as to any matters relating to applications under this Division; and (d) as to the circumstances in which the Minister will give or refuse to give approvals under this Division; and (e) as to any other matters the Minister is authorised to make rules for under this Division. (2) An Order under this section may be amended or revoked in the same manner as that in which it is made. Water Act 1989 - SECT 48PA Applications under this Division 48PA. Applications under this Division An application under this Division- (a) must be in the form and made in the manner approved by the Minister; and (b) must be accompanied by the prescribed fee. Water Act 1989 - SECT 48PB Power of environment Minister to delegate 48PB. Power of environment Minister to delegate The environment Minister may delegate, by instrument, any of the environment Minister's functions, powers or duties under this Division other than this power of delegation, to- (a) a Catchment Management Authority; or (b) Melbourne Water Corporation; or (c) the Chief Executive of Parks Victoria; or (d) the Department Head. Water Act 1989 - SECT 48Q Volume of assignments to be recorded in annual report 48Q. Volume of assignments to be recorded in annual report The environment Minister must ensure that the total volume of assignments of water allocation made by him or her under section 48L within each twelve month period for which the department prepares an annual report must be included in that annual report. Division 2-Licences Water Act 1989 - SECT 49 Advertisement etc. of application 49. Advertisement etc. of application (1) This section applies to an application- (a) under section 51 for the issue of a licence to take and use water; or * * * * * (c) under section 58(1) for the renewal of a licence referred to in paragraph (a) or (b); or (d) under section 62(3) for approval of the transfer of a licence referred to in paragraph (a) or (b). (2) The Minister may require an applicant to give notice of an application to which this section applies in any manner specified by the Minister. (3) A notice given under subsection (2) may invite submissions on the application to be made in the manner specified in the notice within the period specified in the notice. Water Act 1989 - SECT 50 Appointment of panel 50. Appointment of panel (1) The Minister may appoint a panel of persons to consider submissions made on an application to which section 49 applies. (2) Subject to anything specified by the Minister when appointing the panel, a panel may regulate its own proceedings. (3) If submissions on the application have not been invited by a notice given under section 49(2), the panel must cause a notice to be published in a newspaper circulating generally in the area concerned inviting submissions on the application within the period specified in the notice. (4) After considering all submissions referred or made to it, the panel must report its findings to the Minister within the period specified by him or her. (5) The panel may include in its report any recommendations that it thinks fit. (6) A member of a panel is entitled to be paid any fees and allowances fixed by the Governor in Council. Water Act 1989 - SECT 51 Licence to take and use water 51. Licence to take and use water (1) A person may apply to the Minister for the issue of a licence to take and use- (a) water from a waterway (including the River Murray); or (b) groundwater; or (ba) 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 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 (c) water, other than recycled water, from any works of an Authority; or (d) water, other than recycled water, from any works of a person holding a water licence, a water and sewerage licence or a water headworks licence issued under Division 1 of Part 2 of the Water Industry Act 1994. (1AA) An application may not be made under subsection (1) to take and use water in a declared water system unless- (a) the water to be taken and used is to be subject to a condition that a proportion of the water so taken and used is to be returned to the water system; or (b) the water is to be taken and used for a prescribed purpose. (1A) During the period commencing on 1 July 2002 and ending on 30 June 2003, a person may apply, without payment of an application fee, to the Minister for the 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 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 (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) Subsection (1A) only applies, in relation to 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 2002 was taking and using- (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 (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 subsection (1)(a) is not in force- as the case may be. (1C) Nothing in this section requires a person to 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 (b) does not exceed the volume determined in accordance with the formula specified by the Minister under section 80A; and (c) is supplied to the person under a licence issued under this section, under section 124(7) or in accordance with section 222. (2) An application under this section must- (a) be made in a form and manner approved by the Minister; and (b) contain any information that- (i) is prescribed; or (ii) is required by the Minister; and (ba) in the case of an application under subsection (1)(ba) or (1A) in relation to a 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 2002 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 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 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 accordance with the criteria specified by Order under section 52A; and (c) be accompanied by the application fee, if any, fixed by the Minister for that type of application. (3) After consultation with the Minister administering the Conservation, Forests and Lands Act 1987, a licence issued under this section may include authority to enter on any Crown land other than land which is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993 and to install and operate works on that land for the purpose of raising water to be taken and used under the licence. (4) An authority granted under subsection (3) does not remove the need to apply for any licence that is necessary under Part 5. (5) The licensee is liable to compensate any person who suffers any pecuniary loss as a direct, natural and reasonable consequence of the exercise of an authority granted under subsection (3). (6) The amount of compensation payable is as agreed by the parties or, in the absence of agreement, as determined by the Tribunal. (7) For the purposes of this section, waterway includes any collection of water which is from time to time replenished in whole or in part by water coming by a natural sub-surface path from a waterway. Water Act 1989 - SECT 51A Surrender of registration licence 51A. Surrender of registration licence (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- (a) the issue of a licence under section 51(1)(a) or (ba) in a non-declared water system; or (b) the issue of a water share under Part 3A in a declared water system- (as the case requires). (2) Sections 51B and 51C do not apply to an application made under subsection (1). (3) On an application made under subsection (1), the Minister must issue, within 14 days after the application is made, a licence under section 51(1)(a) or (ba), or a water share under Part 3A, 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 applicant. (4) A registration licence surrendered under subsection (1) is deemed to continue in operation until the issue of a licence under section 51(1)(a) or (ba) or a water share under Part 3A, as the case requires, in accordance with subsection (3). Water Act 1989 - SECT 51B Application to go to certain bodies 51B. Application to go to certain bodies 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- (a) the Department Head; and (b) the relevant Catchment Management Authority; and (c) Melbourne Water Corporation, if the dam is or will be located in the waterway management district of Melbourne Water Corporation; and (d) any Authority holding a bulk entitlement that may be affected by the approval of the application. Water Act 1989 - SECT 51C Bodies must consider application 51C. Bodies must consider application (1) Within 30 days after receipt of an application referred to a body under section 51B, the 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 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 licence on any specified ground; and (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 referred to it under section 51B, the Minister may proceed to determine the application. * * * * * Water Act 1989 - SECT 52A Criteria to determine maximum volume of water use for certain licence applications 52A. Criteria to determine maximum volume of water use for certain licence applications The Minister may, by Order published in the 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 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 Farm Dams) Act 2002 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 and stock use. Water Act 1989 - SECT 53 Matters to be taken into account 53. Matters to be taken into account (1) In considering an application under section 51 or 52, the Minister must have regard to the following matters- (a) the report of any panel appointed under section 50; (ab) any advice and comments received within the period of 30 days referred to in section 51C(1); (b) the matters mentioned in paragraphs (b) to (m) of section 40(1); * * * * * * * * * * (e) any other matter that the Minister thinks fit to have regard to. (2) In considering an application under section 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 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 1969 in respect of a groundwater conservation area declared under section 61 of that Act; and * * * * * (e) an approved management plan for any relevant water supply protection area. Water Act 1989 - SECT 54 Minister to defer application in certain circumstances 54. Minister to defer application in certain circumstances (1) If- (a) a notice is published under section 27(4)(a)(i); and (b) a relevant application is subsequently made under- (i) section 51 or 52 in respect of an area that is the subject of the proposed declaration; or (ii) section 62 for approval of the permanent transfer of a licence issued under section 51 or 52 into or within that area- the Minister must defer consideration of the application until either- (c) an Order is made under section 27(1); or (d) a notice is published under section 27(10). (2) If- (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 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 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). (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 surrender of a registration licence; or (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 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 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 (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, 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 2002. Water Act 1989 - SECT 55 Determination of application 55. Determination of application (1) Subject to section 51A, the Minister may either refuse an application under section 51 or 52 or approve it and issue a licence under that section. (2) Subject to section 51A, the Minister must refuse the application if, in his or her opinion, the allocation or use of water under the licence would be in conflict with an approved management plan for any relevant water supply protection area. (2A) If an application under section 51 relates to a State observation bore, the Minister must 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. (2B) Subject to section 51A, the Minister must refuse an application under section 51 if, in the Minister's opinion- (a) the allocation or use of water under the licence will or may result in the permissible consumptive volume for the area for that year or a future year being exceeded; or (b) the allocation under the licence is likely to have an adverse effect on maintaining the environmental water reserve in accordance with the environmental water reserve objective. (3) Without limiting subsection (1), the Minister may refuse the application if, in his or her opinion, the applicant should instead have applied for the grant of a bulk entitlement to water under Division 1. Water Act 1989 - SECT 56 Conditions of licence 56. Conditions of licence (1) A licence issued under section 51 or 52 is subject to- (a) any conditions that are prescribed or fixed by the Minister relating to- (i) the protection of a waterway or an aquifer; or (ii) the purposes for which the water may be used; or (iii) in the case of a licence issued under section 51, the maximum amounts of water which may be taken in particular periods or circumstances; or (iv) in the case of a licence issued under section 51, payment for the amount of water used; or (v) the protection of the environment, including the riverine and riparian environment; or (va) the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or (vi) the conservation policy of the Government; or (vii) the efficient use of water resources; or (viii) if appropriate, the proper management of the waterway and its surrounds or of the aquifer; or (ix) the drainage regime within the meaning of section 12(1); or (x) the manner in which the licensee is to compensate any person whose existing authorised use of water may be adversely and materially affected by the allocation or use of water under the licence; or (xi) the protection or control of in-stream uses; or (xii) in the case of a licence issued under section 51, the installation and use of measuring devices or pumps; and (xiii) notification of change of ownership of land on which water is taken under a licence issued under section 51(1A); and (b) in the case of a licence issued under section 51 to take and use mineral water, the payment of a surcharge of 1×5 cents per litre for each litre of mineral water taken and used under the licence in a period specified in the licence; and (c) any other conditions that the Minister thinks fit and specifies in the licence. (2) Compensation under subsection (1)(a)(x) may be financial or may be constituted by the making available of, or granting of access to, water. (3) Unless sooner revoked or cancelled, a licence issued under section 51(1) or 52 remains in force for the period (not exceeding 15 years) specified in the licence but may be renewed under section 58. (3A) Unless sooner revoked, cancelled or surrendered, a licence issued under section 51(1A) remains in force for an unlimited period. * * * * * (5) If the Minister is satisfied that a generation company within the meaning of the Electricity Industry Act 2000 requires a licence under this Division to take and use groundwater for purposes associated with an open cut coal mine, the licence may, despite subsection (3), be issued for a period exceeding 15 years (but not exceeding 30 years) specified in the licence, subject to any special conditions determined by the Minister. (6) If the Minister is satisfied that a generation company within the meaning of the Electricity Industry Act 2000 requires a licence under this Division to take and use water for purposes associated with the operation of a hydro-electric power station, the licence may, despite subsection (3), be issued for a period exceeding 15 years (but not exceeding 40 years) specified in the licence, subject to any special conditions determined by the Minister. Water Act 1989 - SECT 57 Sale of licence by Minister 57. Sale of licence by Minister (1) Instead of issuing a licence on an application under section 51(1) or 52 the Minister may, after having considered the matters mentioned in section 53, sell a licence- (a) at auction; or (b) by inviting tenders; or (c) in any other manner that he or she thinks fit. (2) If the Minister decides to sell a licence under subsection (1), he or she must cause a notice to be published in the Government Gazette and in a newspaper circulating generally in the area concerned- (a) declaring that the licence is available for purchase by any person holding the qualifications specified in the notice; and (b) giving details of the method by which the licence is to be sold; and (c) specifying the conditions to which the licence will be subject and the period for which it is capable of remaining in force. (3) For the purposes of this Act a licence sold under subsection (1) must be treated as if it had been issued to the purchaser on application by the purchaser under section 51(1) or 52 (as the case requires). Water Act 1989 - SECT 58 Renewal of licence 58. Renewal of licence (1) The holder of a licence issued under section 51(1) or 52 may, before the expiry of the licence, apply to the Minister for the renewal of the licence. (2) An application must- (a) be made in a form and manner approved by the Minister; and (b) contain any information that- (i) is prescribed; or (ii) is required by the Minister; and (c) be accompanied by the application fee, if any, fixed by the Minister for that kind of licence. (3) In considering an application for the renewal of a licence issued under section 51(1) or 52, the Minister must have regard to the matters mentioned in section 53 and must renew the licence unless, in the opinion of the Minister, there are good reasons not to do so. (4) If the Minister approves the application and renews a licence, he or she may amend or delete any of the conditions to which the licence is subject or add a new condition but must not make the licence subject to any condition to which it could not have been made subject under section 56(1). (5) A licence under section 51(1) may be renewed for a period not exceeding 15 years. (6) A licence issued under section 51(1) or 52 may be renewed under this section from time to time. Water Act 1989 - SECT 59 Amendment of licence 59. Amendment of licence (1) The Minister may amend a licence issued under section 51 to take and use water to the extent necessary to ensure compliance with an approved management plan for any relevant water supply protection area. * * * * * (2) The Minister must give at least 3 months' written notice of the amendment to the licensee and must specify in the notice the reasons for the amendment. Water Act 1989 - SECT 60 Revocation of licence 60. Revocation of licence (1) The Minister may revoke a licence issued under section 51 or 52 if- (a) in the opinion of the Minister there has been a failure to comply with any condition to which the licence is subject; or (b) in the case of a licence relating to works, in the opinion of the Minister the works are being operated contrary to the provisions of this Act. (2) The Minister must give at least 3 months' written notice of the revocation to the licensee and must specify in the notice the reasons for the revocation. Water Act 1989 - SECT 61 Surrender of licence 61. Surrender of licence (1) A licensee may surrender to the Minister a licence issued under section 51 or 52. (2) The Minister may refund to the licensee all or part of any charge paid by the licensee in respect of a licence surrendered under subsection (1). Water Act 1989 - SECT 61A Cancellation of licence where water share obtained in declared water system 61A. Cancellation of licence where water share obtained in declared water system (1) The holder of a licence issued under section 51 may apply to the Minister for the licence to be cancelled on the issuing of a water share in a declared water system. (2) In cancelling a licence under this section, the Minister must have regard to any relevant rules made under this Division. Water Act 1989 - SECT 62 Transfer of licence 62. Transfer of licence (1) A licence issued under section 51 or 52 (other than a registration licence) may, in accordance with this section, be transferred to another person. (2) A transfer may be either permanent or temporary. (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. (2A) If the Minister approves, a permanent or temporary transfer of a licence under section 51 may be made to the owner or occupier of land outside Victoria. (3) A licensee may apply to the Minister for approval of the transfer of the licence. (3A) Without limiting subsection (5), the Minister may approve a transfer referred to in subsection (2A), having regard to the effect of the transfer on usage of water, the impact of subsidies and any other matter that the Minister considers relevant. (4) An application must- (a) be made in a form and manner approved by the Minister; and (b) contain any information that- (i) is prescribed; or (ii) is required by the Minister; and (c) be accompanied by any application fee fixed by the Minister. (5) In considering an application, the Minister must have regard to the matters mentioned in section 53. (6) If an application is made- (a) the Minister, if he or she is of the opinion that the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective must refuse to approve the transfer; or (b) in any other case, the Minister may- (i) refuse to approve the transfer of the licence; or (ii) subject to subsection (9), approve the transfer of the licence and may, in addition, amend or delete any of the conditions to which the licence is subject or add a new condition, but must not make the licence subject to any condition to which it could not have been made subject under section 56(1). (7) A licence may be transferred under this section even if the water is to be used in an irrigation district. (8) For the purposes of transfers under this section, the holder of a licence under section 51 has power to sell the licence- (a) at auction; or (b) by inviting tenders; or (c) in any other manner that the holder thinks fit. * * * * * Water Act 1989 - SECT 63 Offence12 63. Offence12 (1) A person must not take or use water from- (a) a waterway (including the River Murray); or (b) a bore- in a non-declared water system unless authorised to do so by or under this or any other Act. 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. (1A) A person must not take or use- (a) water from a spring or soak; or (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)- for a use other than domestic and stock use, unless authorised to do so by or under this Act or any other Act. 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) A person who is guilty of an offence under subsection (1) or (1A) that is of a continuing nature is liable, in addition to the penalty set out at the foot of that subsection, to a further penalty of not more than 5 penalty units for 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 section 151; or (b) if no notice of contravention is served, after conviction. (3) For the purposes of subsections (1) and (1A), waterway includes any collection of water which is from time to time replenished in whole or in part by water coming by a natural sub-surface path from a waterway. (4) If, at any time during the period of 10 years immediately before the commencement of section 32 of the Water (Irrigation Farm Dams) Act 2002, a person was taking and using water from a spring or soak or water from a dam not on a waterway, subsection (1A) does not apply to that person in respect of that spring or soak or dam until 1 July 2003. Water Act 1989 - SECT 64 Review of decisions 64. Review of decisions (1) A person whose interests are affected by the decision may apply to the Tribunal for review of a decision by the Minister- (a) under section 55(1) to refuse an application under section 51 or 52; or (b) under section 55(1) to approve an application under section 51 or 52; or (c) under section 56(1) to make a licence subject to any condition; or (d) under section 58 to refuse an application for the renewal of a licence; or (e) under section 58 to approve an application for the renewal of a licence; or (f) under section 58 to impose any condition on a licence or to amend or delete any of the conditions to which a licence is subject; or (g) under section 59(1) or (1A) to amend a licence; or (h) under section 60(1) to revoke a licence; or (i) under section 62(6)(a) to refuse to approve the transfer of a licence; or (j) under section 62(6)(b) to approve the transfer of a licence; or (k) under section 62(6)(b) to impose any condition on a licence or to amend or delete any of the conditions to which a licence is subject. (2) 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 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 under section 46(5) of that Act that a statement of reasons will not be given. Water Act 1989 - SECT 64AAA Rule making powers for licences under section 51 64AAA. Rule making powers for licences under section 51 (1) The Minister may, by Order, published in the Government Gazette, set out rules- (a) with respect to adjustment of volumes to be applied to transfers of licences issued under section 51; and (b) as to the circumstances in which the consent of any Authority under this Act will be required to transfers of licences under section 51; and (c) as to any matters relating to applications under section 62; and (d) as to the circumstances in which the Minister will give or refuse to give approvals under section 62; and (e) as to any other matters the Minister is authorised to make rules for under this Division. (2) An Order under this section may be amended or revoked in the same manner as that in which it is made. * * * * * Division 4-Periodic amendment of entitlements Water Act 1989 - SECT 64F Records and reports of transfers 64F. Records and reports of transfers (1) An Authority which is a party to or approves or has notice of- (a) a transfer, whether permanent or temporary, under section 46A or 62; or (b) a temporary transfer under section 224 or 224A; or (c) a permanent transfer under section 47D, 226 or 226AA; or (d) a conversion to a bulk entitlement under section 47C- must cause a record in the form approved by the Minister to be kept of each transfer or conversion. (2) An Authority must provide to the Minister, if the Minister so requires, a report of transfers or conversions referred to in subsection (1) containing information specified by the Minister. Water Act 1989 - SECT 64G Periodic amendment of bulk entitlement 64G. Periodic amendment of bulk entitlement If the Minister considers it appropriate, having regard to a report required under section 64F(2) with respect to permanent transfers under section 46A, 47D, 62, 226 or 226AA or conversions under section 47C, the Minister may amend a bulk entitlement of an Authority by notice given by the Minister to the holder of the entitlement. Division 5-Seasonal determinations Water Act 1989 - SECT 64GA Appointment of Authorities to be responsible for seasonal determinations 64GA. Appointment of Authorities to be responsible for seasonal determinations The Minister may appoint an Authority to be responsible for making determinations in respect of a declared water system under section 64GB. Water Act 1989 - SECT 64GB Seasonal determinations by Authorities 64GB. Seasonal determinations by Authorities (1) If the Minister has appointed an Authority under section 64GA, the Authority must, for each water season for each declared water system for which the Authority has been so appointed, determine, the water that is available in the water system for that season- (a) for each class of water shares issued in that system; and (b) for each bulk entitlement in that system; and (c) for each environmental entitlement in that system. (2) A determination under subsection (1) must be made before the commencement of the water season to which it relates. (3) An Authority that has made a determination under subsection (1) may, from time to time during the season, if the Authority is of the opinion that there is additional water available in the system, determine that additional water is available in the water system- (a) for each class of water shares issued in the system; and (b) for each bulk entitlement in the system; and (c) for each environmental entitlement in the system. (4) An Authority must not make a determination under this section until the Authority has assessed the amount of water available in the system to be taken and the amount reserved for the environment- (a) in any case where a bulk entitlement applies to the system, by applying the rules specified for the purposes of any such determination in any Order granting the bulk entitlement; or (b) in the case where a bulk entitlement does not apply to the system, by applying the rules specified for the purposes of any such determination in the management plan, approved under section 32A, applying to the system. (5) In making a determination under this section, the Authority may have regard to the state of the system in the part of the season to which the determination relates and the expected state of the system. (6) A determination under this section must apply- (a) to each water share in a class of water shares in the same proportion; and (b) to each bulk entitlement in the same proportion; and (c) to each environmental entitlement in the same proportion- subject to- (d) any rules specified for the purposes of any such determination in any Order granting any bulk entitlement in the system; or (e) any requirement, restriction or condition contained in a management plan under section 32A in relation to the allocation of water; or (f) any condition that applies to the allocation of water under this section determined by the Minister. (7) An Authority that has made a determination under this section must cause a notice of the determination to be published in a newspaper generally circulating in the area that is the subject of the determination or the area served by the water system that is the subject of the determination. (8) In the case of a determination under this section as to the amount of water available for water shares in a water system, the determination may be expressed as a percentage of the maximum volume of water that has been determined for each water share. _______________ Water Act 1989 - PART 4A PART 4A DELIVERY OF INTERSTATE WATER Water Act 1989 - SECT 64H Temporary supply of interstate water 64H. Temporary supply of interstate water (1) The holder of a licence under section 51 or the owner or occupier of a holding within an irrigation district may, in accordance with this section and the by-laws made under section 64I, apply to an Authority for approval to use the works of the Authority for the temporary supply of water to the applicant by an owner or occupier of land outside Victoria. (2) An application under subsection (1) must be accompanied by the prescribed fee, if any. (3) If an application under subsection (1) is made- (a) the Authority, if the Authority is of the opinion that approval of the use of the works is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective, must refuse to approve the use of the works; or (b) in any other case, the Authority may- (i) refuse to approve the use of its works for any temporary supply; or (ii) approve the use of its works for any temporary supply, subject to the prescribed terms and conditions and may, in addition, impose any other terms and conditions on the approval of which notice is given to the parties by the Authority when the approval is given. (4) An approval given under this section expires- (a) if the application is approved during an irrigation period, on the expiry of that irrigation period; (b) if the application is approved between irrigation periods, on the expiry of the next irrigation period after the application is approved. (5) This section does not apply in a declared water system. Water Act 1989 - SECT 64I By-laws about temporary supply of interstate water 64I. By-laws about temporary supply of interstate water (1) An Authority may, in accordance with section 160, make by-laws for or with respect to the use of the Authority's works for the temporary supply of water under section 64H. (2) Without limiting subsection (1), by-laws may- (a) prescribe procedures for applications for approval; and (b) fix any fees payable to the Authority for processing and approving an application; and (c) fix any fees payable to the Authority for the use of the Authority's works for the temporary supply of water; and (d) set limits on the use of works for the temporary supply of water under section 64H; and (e) prescribe any other terms and conditions in relation to an approval under section 64H. __________________ Water Act 1989 - PART 4B PART 4B WATER-USE LICENCES AND WATER USE REGISTRATIONS Division 1-Offences Water Act 1989 - SECT 64J Offence to use water for certain purposes on land without licence 64J. Offence to use water for certain purposes on land without licence (1) A person must not use water for irrigation on land, or knowingly cause or permit water to be used for irrigation on land, being water that is from a declared water system, unless the person does so under a water-use licence that authorises the use of water for that purpose on that land. 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) A person must not use water on land or knowingly cause or permit water to be used on land for purposes other than the purpose of irrigation, being water that is from a declared water system, unless the person does so under a water-use registration that authorises the use of water for purposes other than irrigation on that land. Penalty: For a first offence, 20 penalty units; For a subsequent offence, 60 penalty units. (3) This section does not apply to a person who is using water on land under any other authorisation to do so by or under this or any other Act. Water Act 1989 - SECT 64K Further offence for use of water in certain cases 64K. Further offence for use of water in certain cases (1) A person must not use water that is authorised to be taken under Part 3A or under an assignment under section 48L or 48M on land specified in a water-use licence or water-use registration unless- (a) the water share is, under that Part, associated with the land specified in that water-use licence or water-use registration; or (b) the Minister has, in writing, approved the use of water on that land. Penalty: 60 penalty units. (2) For the purposes of subsection (1), a person may apply to the Minister for approval to the use of water on land. (3) An application under subsection (2) must- (a) be made in the form and manner approved by the Minister; and (b) contain the prescribed particulars; and (c) be accompanied by any documents or information required by the Minister; and (d) be accompanied by the prescribed fee. (4) For the purposes of subsection (1), the Minister may give approval, subject to any conditions that the Minister thinks fit. (5) In giving an approval under subsection (1), the Minister must have regard to any relevant rules made under Division 11. Division 2-Grant of water-use licences Water Act 1989 - SECT 64L Power to grant water-use licences 64L. Power to grant water-use licences (1) The Minister, on receiving an application under this Division from an owner of land, may grant to that person a licence that authorises- (a) the use of water (authorised to be taken under Part 3A) for the purposes of irrigation on the land that is owned by that person and that is specified in the licence; and (b) the use of water (authorised to be taken under Part 3A) on the land specified in the licence for any other purposes that are specified in the licence. (2) The Minister must set out in the licence- (a) the name and address of the licence holder; and (b) a description of the land specified in the licence; and (c) the conditions to which the licence is subject (including the annual use limit); and (d) the date on which the licence takes effect. Water Act 1989 - SECT 64M Matters to be considered in granting water-use licences 64M. Matters to be considered in granting water-use licences The Minister, in granting a water-use licence, must consider the following matters- (a) the impact the proposed use of water may have on other persons or the environment (in particular waterlogging, salinity and nutrient impacts); and (b) whether or not the proposed use can meet standard water-use conditions that would apply to the licence, if granted; and (c) whether or not the proposed use is consistent with the water use objectives that would apply to the licence, if granted; and (d) if the application has been referred to the Catchment Management Authority, any comments received from that Authority, within 30 days of the application being referred to that Authority; and (e) any other matters the Minister considers relevant. Water Act 1989 - SECT 64N Obligation not to grant licence in certain circumstances 64N. Obligation not to grant licence in certain circumstances The Minister must not grant a water-use licence if, after considering the matters set out in section 64M- * * * * * (b) the Minister is of the opinion that the granting of the licence would be inconsistent with the water-use objectives that would apply to the licence, if granted; or (c) the Minister is of the opinion that there are no works or systems in place or likely to be installed in the near future for delivering water to the land that is to be the land specified in the licence. Water Act 1989 - SECT 64O Applications for water-use licences 64O. Applications for water-use licences An owner of land may apply for a water-use licence to authorise the use of water on that land. Water Act 1989 - SECT 64P Form of application 64P. Form of application An application for a water-use licence must- (a) be in the form and made in the manner approved by the Minister; and (b) contain the prescribed particulars; and (c) be accompanied by any prescribed documents or prescribed information or information or documents required by the Minister; and (d) be accompanied by the fee determined by the Minister. Water Act 1989 - SECT 64Q Referral of application 64Q. Referral of application On receiving an application for a water-use licence, if the Minister is of the opinion that the application does not meet the relevant standard water-use conditions, but may meet the relevant water-use objectives, the Minister must refer the application to the Catchment Management Authority responsible for managing the catchment in which the land that is to be specified in the licence is situated, without delay. Water Act 1989 - SECT 64R Licence fees 64R. Licence fees (1) The Minister may fix fees to be paid by licence holders for the provision of services by the Minister to the licence holders. (2) A fee under subsection (1) may apply at consecutive periods of twelve months while any water-use licences are in force. Water Act 1989 - SECT 64S Change of ownership of specified land 64S. Change of ownership of specified land (1) In the case of a transfer of ownership of the whole of the land specified in a water-use licence, the person to whom ownership is transferred is deemed to be the holder of the licence. (2) In the case of a transfer of ownership of part only of the land specified in a water-use licence, the licence is to be taken to be cancelled on the day on which transfer of the ownership of the land takes place. Division 3-Water-use objectives for licences Water Act 1989 - SECT 64T Objectives as to water use 64T. Objectives as to water use (1) The Minister may determine, for the whole or any part of the State, objectives that are to apply in the administration of this Part. (2) The Minister may make a determination under subsection (1), either- (a) of his or her own motion; or (b) on the recommendation of the Catchment Management Authority for the catchment and land protection region in which the area to which the determination relates is situated. (3) The Minister must not make a determination of his or her own motion under this section until the Minister has consulted with- (a) any Catchment Management Authorities and water Authorities that have responsibilities in the part of the State to which the determination relates; and (b) any bodies, that the Minister thinks fit to consult with, that represent persons whose interests are likely to be affected by the making of the determination. Water Act 1989 - SECT 64U Matters that objectives may provide for 64U. Matters that objectives may provide for Objectives determined under this Division may provide for minimising impacts of water use on other persons and the environment in the part of the State to which the objectives apply, including the following- (a) minimising salinity; (b) managing groundwater infiltration; (c) managing disposal of drainage; (d) protecting biodiversity; (e) minimising cumulative effects of water use. Water Act 1989 - SECT 64V Recommendations by Catchment Management Authorities 64V. Recommendations by Catchment Management Authorities (1) In making a recommendation under section 64T(2)(b), the Minister may request a Catchment Management Authority to give consideration to matters specified by the Minister when making its recommendation under that subsection. (2) Before making a recommendation under section 64T the Authority must- (a) give notice of the proposal to make the objectives to any other Authority or any holders of water-use licences whose interests the Authority considers are likely to be affected by the objectives; (b) consult with those persons or bodies that the Authority considers represent the interests of persons who are likely to be affected by the recommendation and then prepare draft objectives and make the draft objectives available for inspection by the public for at least 2 months after their preparation; (c) publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally in the part of the State to which the proposal applies stating where and when the draft objectives can be inspected and inviting public comment by a set date; (d) comply with any other consultative processes required by directions given by the Minister; (e) consider any comments made by the set date. (3) In making a recommendation under section 64T the Authority must have regard to any comments made under subsection (2). Water Act 1989 - SECT 64W Revoking or amending determinations as to objectives 64W. Revoking or amending determinations as to objectives (1) The Minister may make a determination amending or revoking a determination made under section 64T, either- (a) of his or her own motion; or (b) on the recommendation of the Catchment Management Authority. (2) In making a recommendation under subsection (1)(b) as to an amending determination, the Catchment Management Authority may recommend all or any of the water use objectives that are to be included in the amending determination. (3) Sections 64T(3) and 64V apply to the making of a determination or recommendation under this section in the same manner as they apply to the making of a determination or recommendation under section 64T. Water Act 1989 - SECT 64X Notification and effect of determinations as to objectives 64X. Notification and effect of determinations as to objectives A determination under this Division- (a) must specify the day on which it comes into force; and (b) must be published in a newspaper circulating generally throughout the State and in a newspaper circulating generally in the part of the State to which the objectives apply. Division 4-Standard water-use conditions for licences Water Act 1989 - SECT 64Y Standard water-use conditions 64Y. Standard water-use conditions (1) The Minister may determine for the whole or any part of the State, conditions that are to apply to all water-use licences, or to all water-use licences of a particular class, that specify land that is in the area to which the determination relates. (2) The Minister may make a determination under subsection (1), either- (a) of his or her own motion; or (b) on the recommendation of the Catchment Management Authority for the catchment and land protection region in which the area to which the determination relates is situated. (3) The Minister must not make a determination of his or her own motion under this section until the Minister has consulted with- (a) any Catchment Management Authorities and water Authorities that have responsibilities in the area to which the determination relates; and (b) any bodies, that the Minister thinks fit to consult with, that represent persons whose interests are likely to be affected by the making of the determination. Water Act 1989 - SECT 64Z General provisions applying to standard water-use conditions 64Z. General provisions applying to standard water-use conditions (1) Conditions determined by the Minister under this Division may vary according to the nature of all or any of the following- (a) the use of water under licences; (b) the water that is to be used under licences; (c) the way water is applied under licences; (d) any other relevant matter. (2) Conditions determined by the Minister under this Division must be consistent with water-use objectives that apply to the part of the State to which the conditions apply. (3) Conditions determined by the Minister under this Division may include conditions as to all or any of the following matters- (a) maximum volumes of water per hectare that may be applied to land specified in licences over any 12 month period; (b) requirements to minimize impacts of the use of water on other persons or on the environment; (c) the way that water is used and re-used on land specified in licences; (d) drainage from land specified in licences; (e) monitoring and reporting requirements of licence holders; (f) any other matter that the Minister thinks fit. Water Act 1989 - SECT 64AA Recommendations by Catchment Management Authorities 64AA. Recommendations by Catchment Management Authorities (1) In making a recommendation under section 64Y(2)(b), the Minister may request a Catchment Management Authority to give consideration to matters specified by the Minister when making its recommendation under that subsection. (2) Before making a recommendation under section 64Y(2)(b) the Authority must- (a) give notice of the proposal to make the conditions to any other Authority or any holders of water-use licences whose interests the Authority considers are likely to be affected by the conditions; (b) make the draft conditions available for inspection by the public for at least 2 months after their preparation; (c) publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally in the region which will be affected by the proposal to make the conditions stating where and when the draft conditions can be inspected and inviting public comment by a set date; (d) consult with those persons or bodies that the Authority considers represent the interests of persons who are likely to be affected by the recommendation and comply with any other consultative processes required by directions given by the Minister; (e) consider any comments made by the set date. (3) In making a recommendation under section 64Y(2)(b) the Authority must have regard to any comments made under subsection (2). Water Act 1989 - SECT 64AB Revoking or amending determinations as to standard water-use conditions 64AB. Revoking or amending determinations as to standard water-use conditions (1) The Minister may make a determination amending or revoking a determination made under section 64Y, either- (a) of his or her own motion; or (b) on the recommendation of the Catchment Management Authority. (2) In making a recommendation under subsection (1)(b) as to an amending determination, the Catchment Management Authority may recommend all or any of the water-use conditions that are to be included in the amending determination. (3) Sections 64Y(3) and 64AA apply to the making of a determination or recommendation under this section in the same manner as they apply to the making of a determination or recommendation under section 64Y. Water Act 1989 - SECT 64AC Notification and effect of determinations as to standard water-use conditions 64AC. Notification and effect of determinations as to standard water-use conditions (1) A determination under this Division- (a) must specify the day on which it comes into force; and (b) must be published in a newspaper circulating generally throughout the State and in a newspaper circulating generally in the region to which the determination relates. (2) The conditions determined under this Division apply to any water-use licence that specifies land that is in the area to which the determination applies. (3) On the making of a determination under this Division, the Minister must notify all the holders of water-use licences to which the determination applies of the making of the determination and of the conditions set out in the determination. (4) A failure to comply with subsection (3) does not affect the validity of a determination made under this Division. Division 5-Particular conditions on licences Water Act 1989 - SECT 64AD Particular conditions on water-use licences 64AD. Particular conditions on water-use licences The Minister may impose any particular conditions on a water-use licence that the Minister thinks fit as to the following matters- (a) the meeting of water-use objectives that apply in the area in which the land that is specified in the licence is situated; and (b) specifying the annual use limit on the licence. Division 6-Further provisions as to conditions on licences Water Act 1989 - SECT 64AE Effect of inconsistency between standard water-use conditions and other conditions on licences 64AE. Effect of inconsistency between standard water-use conditions and other conditions on licences (1) If a water-use licence is subject to a standard water-use condition at the time a particular condition is imposed on the licence, being a standard water-use condition that is inconsistent with the particular condition, the standard water-use condition is void (on and from the imposition of the particular condition) to the extent of that inconsistency. (2) If a water-use licence becomes subject to a standard water-use condition after a particular condition has been imposed on a water-use licence, being a standard water-use condition that is inconsistent with the particular condition, the particular condition is void (on and from the commencement of the application of the standard water-use condition to the licence) to the extent of that inconsistency. (3) In this section particular condition means a condition that is imposed under Division 5 on a water-use licence. Water Act 1989 - SECT 64AF Offence to fail to comply with licence condition 64AF. Offence to fail to comply with licence condition The holder of a water-use licence must comply with the conditions imposed on the licence in accordance with Division 4 or Division 5 to the extent that the conditions are not void under section 64AE. Penalty: 60 penalty units. Division 7-Variations of licences Water Act 1989 - SECT 64AG Variation of water-use licences on motion of Minister 64AG. Variation of water-use licences on motion of Minister (1) The Minister, on the Minister's own motion, may vary a water-use licence by imposing a new condition on the licence or by amending an existing condition on the licence. (2) The Minister must not vary a condition on a licence or impose a new condition on a licence under subsection (1) unless the Minister is satisfied that the variation or new condition (as the case requires) is consistent with the water-use objectives that apply to the licence. (3) Before making a variation under this section, the Minister must- (a) notify the holder of the licence as to- (i) the nature of the proposal to vary the licence; and (ii) the rights the holder of the licence has under this section to make submissions on the proposal; and (b) allow the holder an opportunity to make written submissions on the proposal to vary the licence. (4) Submissions under subsection (3) must be made within 2 months of the giving of the notice. (5) In deciding whether or not to make a variation under this section, the Minister must- (a) have regard to submissions made under subsection (3) within the period for the making of submissions; and (b) notify the holder of the licence of the Minister's decision. (6) A variation under this section has effect from the later of- (a) the date that the notice under subsection (5) is served; or (b) the date that is specified by the Minister in that notice. Water Act 1989 - SECT 64AH Variation of water-use licence on application of licence holder 64AH. Variation of water-use licence on application of licence holder (1) The Minister may, on the application of the holder of a water-use licence, vary or revoke a condition on the licence. (2) The holder of a licence may apply to the Minister for a variation of a licence under subsection (1). (3) Where there is a joint application under this section for the variation of two water-use licences by the holders of the licences, being an application where- (a) the holder of one licence is applying to reduce the annual use limit for the licence held by that person; and (b) the holder of the other licence is applying to increase the annual use limit for the licence held by that person; and (c) the application is made under an agreement between both parties- the Minister must approve the applications if the Minister is satisfied that the salinity impacts of the proposed reduction and increase will not have an adverse impact on other persons or the environment. Water Act 1989 - SECT 64AI Form of applications for variation 64AI. Form of applications for variation (1) An application under this Division must- (a) be in a form approved by the Minister; and (b) contain any prescribed particulars; and (c) be accompanied by any prescribed documents or prescribed information or information or documents required by the Minister; and (d) be accompanied by the fee determined by the Minister. (2) The powers of the Minister in relation to applications for licences apply in respect of an application for variation of a licence under this Division as if it were an application for a water-use licence. (3) The Minister must notify an applicant under this section of his or her decision on the application. Division 8-Suspension, revocation, cancellation and other powers for licences Water Act 1989 - SECT 64AJ Suspension of water-use licence 64AJ. Suspension of water-use licence (1) The Minister may suspend a water-use licence if the Minister reasonably believes that- (a) there has been a failure to comply with a condition to which the licence is subject; or (b) there has been a failure to comply with a notice of contravention under section 151 that relates to the licence; or (c) the holder of the licence has not paid a fee payable in respect of the licence or any charge payable under section 287A. (2) Before suspending a licence under this section, the Minister must- (a) notify the holder of the licence as to- (i) the reason for proposing to suspend the licence; and (ii) the rights the holder of the licence has under this section to make submissions on the proposal; and (iii) the terms on which the suspension will be lifted; and (b) allow the holder an opportunity to make written submissions on the proposal to suspend the licence; and (c) notify any person who has a registered mortgage (under the Transfer of Land Act 1958) over the land specified in the licence of the proposed suspension of the licence. (3) Submissions under subsection (2)(b) must be made within 2 months of the giving of the notice. (4) In deciding whether or not to suspend a licence under this section, the Minister must have regard to submissions made under subsection (2)(b) within the period for the making of submissions. (5) The Minister must not suspend the licence on the ground of the failure to pay- (a) a fee payable in respect of the licence; or (b) a charge payable under section 287A- if the fee has been paid within the period allowed under subsection (3) for the making of submissions. (6) On making a decision as to whether or not to suspend a licence under this section, the Minister must notify the holder of the licence of that decision. (7) A suspension under this section remains in force until the Minister, in writing, notifies the holder of the licence that it is no longer in force. Water Act 1989 - SECT 64AK Revocation of water-use licence 64AK. Revocation of water-use licence (1) The Minister may revoke a water-use licence if the Minister reasonably believes that- (a) in the case of the holder of a water-use licence who has been found guilty of a failure to comply with a condition of the licence, that person has continued after that finding of guilt to fail to comply with that condition; or (b) in the case of a licence that is or has been suspended, water has been used during the suspension on the land specified in the licence for a purpose for which a water-use licence would be required; or (c) in the case of a licence that has been suspended, the holder of the licence has, within 3 years of the completion of the period of suspension, failed to comply with a condition of the licence. (2) Before revoking a licence under this section, the Minister must- (a) notify the holder of the licence as to- (i) the reason for proposing to revoke the licence; and (ii) the rights the holder of the licence has under this section to make submissions on the proposal; and (b) allow the holder an opportunity to make written submissions on the proposal to revoke the licence; and (c) notify any person who has a registered mortgage (under the Transfer of Land Act 1958) over the land specified in the licence of the proposed revocation of the licence. (3) Submissions under subsection (2) must be made within 2 months of the giving of the notice. (4) In deciding whether or not to revoke a licence under this section, the Minister must have regard to submissions made under subsection (2) within the period for the making of submissions. (5) On making a decision as to whether or not to revoke a licence under this section, the Minister must notify the holder of the licence of that decision. Water Act 1989 - SECT 64AL Cancellation of water-use licence on motion of the Minister 64AL. Cancellation of water-use licence on motion of the Minister (1) The Minister may cancel a water-use licence if the Minister reasonably believes that water has not been used on the land specified in the licence for the purposes for which use of water is authorised under the licence for the immediately preceding period of 10 years. (2) Before cancelling a licence under this section, the Minister must- (a) notify the holder of the licence as to- (i) the reason for proposing to cancel the licence; and (ii) the rights the holder of the licence has under this section to make submissions on the proposal; and (b) allow the holder an opportunity to make written submissions on whether or not water has been used on the land in the preceding 10 years; and (c) notify any person who has a registered mortgage (under the Transfer of Land Act 1958) over the land specified in the licence of the proposed cancellation of the licence. (3) Submissions under subsection (2)(b) must be made within 2 months of the giving of the notice. (4) In deciding whether or not to cancel a licence under this section, the Minister must have regard to submissions made under subsection (2)(b) within the period for the making of submissions. (5) On making a decision as to whether or not to cancel a licence under this section, the Minister must notify the holder of the licence of that decision. Water Act 1989 - SECT 64AM Other powers to cancel water-use licences 64AM. Other powers to cancel water-use licences (1) The holder of a water-use licence may apply to the Minister for the cancellation of the licence. (2) On receiving an application made by a licence holder under subsection (1), the Minister must cancel the licence. (3) At least 30 days before cancelling a licence under subsection (2), the Minister must notify any person who holds a registered mortgage (under the Transfer of Land Act 1958) over the land specified in the licence of the proposal to cancel the licence. Water Act 1989 - SECT 64AN Application for review of Minister's decisions as to licences 64AN. Application for review of Minister's decisions as to licences (1) A person may apply to the Tribunal for a review of a decision of the Minister to refuse an application by the person for a water-use licence. (2) The holder of a water-use licence may apply for a review of a decision of the Minister- (a) on an application by the holder of the licence to vary the licence; or (b) on the Minister's own motion, to vary the licence; or (c) to suspend the licence; or (d) to revoke the licence; or (e) on the Minister's own motion, to cancel the licence; or (f) to impose conditions (other than standard water-use conditions) on the licence. Water Act 1989 - SECT 64AO Time period for making an application for review 64AO. Time period for making an application for review An application for review under section 64AN must be made within 28 days of the later of- (a) the day on which the decision is made; or (b) if, under the Victorian Civil and 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 under section 46(5) of that Act that a statement of reasons will not be given. Division 9-Registration of water uses Water Act 1989 - SECT 64AP Power to register water uses 64AP. Power to register water uses The Minister, on receiving an application under this Division from an owner of land, may grant to that person a registration that authorises the use of water, being water that is from a declared water system, for purposes other than the purpose of irrigation on the land owned by the person that is specified in the registration. Water Act 1989 - SECT 64AQ Matters to which a Minister must have regard in registering use 64AQ. Matters to which a Minister must have regard in registering use The Minister must grant a water-use registration if the Minister is reasonably satisfied that- (a) there are works or systems in place or likely to be installed in the near future for delivering water to the land; and (b) the use of water for the purpose set out in the application is not prohibited by or under an Act; and (c) the maximum volume of water proposed in the application is reasonable for use for the purpose set out in the application. Water Act 1989 - SECT 64AR Applications for water-use registrations 64AR. Applications for water-use registrations (1) An owner of land may apply for a water-use registration to authorise the use of water for purposes other than irrigation on that land. (2) An application for a water use registration must- (a) be in the form and made in the manner approved by the Minister; and (b) contain any prescribed particulars; and (c) be accompanied by any documents or information required by the Minister; and (d) be accompanied by the fee determined by the Minister. Water Act 1989 - SECT 64AS Change of ownership of land specified in registration 64AS. Change of ownership of land specified in registration (1) In the case of a transfer of ownership of the whole of the land specified in a water-use registration, the person to whom ownership is transferred is deemed to be the holder of the registration. (2) In the case of a transfer of ownership of part only of the land specified in a water-use registration, the registration is to be taken to be cancelled on the day on which transfer of the ownership of the land takes place. Water Act 1989 - SECT 64AT Condition on water-use registrations as to annual use limit 64AT. Condition on water-use registrations as to annual use limit The Minister may impose a condition on a water-use registration specifying the annual use limit for the registration. Division 10-Variation, cancellation and other powers as to registration Water Act 1989 - SECT 64AU Variation of water-use registrations on application 64AU. Variation of water-use registrations on application (1) The Minister may, on the application of the holder of a water use registration, vary the terms of the water-use registration. (2) The holder of a water use registration may apply to the Minister for a variation under subsection (1). (3) An application under subsection (2) must- (a) be in a form approved by the Minister; and (b) contain any prescribed particulars; and (c) be accompanied by any documents or information required by the Minister; and (d) be accompanied by the fee determined by the Minister. (4) The powers of the Minister in relation to applications for water-use registrations apply in respect of an application under this section as if it were an application for a water-use registration. (5) The Minister must notify an applicant under this section of his or her decision on the application. Water Act 1989 - SECT 64AV Cancellation of water-use registration on motion of the Minister 64AV. Cancellation of water-use registration on motion of the Minister (1) The Minister may cancel a water-use registration if the Minister reasonably believes that water has not been used on the land specified in the registration for the purposes for which use of water is authorised by the registration for the preceding period of 10 years. (2) Before cancelling a water-use registration under this section, the Minister must- (a) notify the holder of the water use registration as to- (i) the reason for proposing to cancel the registration; and (ii) the rights the holder of the water use registration has under this section to make submissions on the proposal; and (b) allow the holder an opportunity to make written submissions on whether or not water has been used on the land in the preceding 10 years. (3) Submissions under subsection (2)(b) must be made within 2 months of the giving of the notice. (4) In deciding whether or not to cancel a registration under this section, the Minister must have regard to submissions made under subsection (2)(b) within the period for the making of submissions. (5) On making a decision as to whether or not to cancel a registration under this section, the Minister must notify the holder of the water use registration of that decision. Water Act 1989 - SECT 64AW Other powers to cancel water-use registrations 64AW. Other powers to cancel water-use registrations (1) The holder of the water use registration may apply to the Minister for the cancellation of the registration. (2) On receiving an application made by the holder of a water use registration under subsection (1), the Minister must cancel the registration. Water Act 1989 - SECT 64AX Application for review of Minister's decisions as to registrations 64AX. Application for review of Minister's decisions as to registrations (1) A person may apply to the Tribunal for a review of a decision of the Minister to refuse an application by the person for a water-use registration. (2) The holder of a water use registration may apply for a review of a decision of the Minister- (a) to vary the registration; or (b) on the Minister's own motion, to cancel the registration; or (c) to impose conditions on the registration. Water Act 1989 - SECT 64AY Time period for making an application for review $$NSECT 64AY. Time period for making an application for review An application for review under section 64AX must be made within 28 days of the later of- (a) the day on which the decision is made; or (b) if, under the Victorian Civil and 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 under section 46(5) of that Act that a statement of reasons will not be given. Division 11-Rule making powers of Minister Water Act 1989 - SECT 64AZ Rule making powers for water-use licences and water-use registrations 64AZ. Rule making powers for water-use licences and water-use registrations (1) The Minister may, by Order, published in the Government Gazette, set out rules- (a) as to the circumstances in which the Minister will give consents under this Part; (b) as to any other matters the Minister is authorised to make rules for under this Part. (2) An Order under this section may be amended or revoked in the same manner as that in which it is made. _______________ Water Act 1989 - PART 5 PART 5 WORKS Division 1-General Water Act 1989 - SECT 65 Advertisement etc. of application 65. Advertisement etc. of application (1) This section applies to an application- (a) under section 67 for the issue of a licence to construct, alter, operate, remove or decommission works, a bore or a private dam; or (b) under section 72(1) for the renewal of a licence referred to in paragraph (a); or (c) under section 74(3) for approval of the transfer of a licence referred to in paragraph (a); or (d) under section 76(1) for approval to dispose of any matter underground by means of a bore. (2) The Minister may require an applicant to give notice of an application to which this section applies in any manner specified by the Minister. (3) A notice given under subsection (2) may invite submissions on the application to be made in the manner specified in the notice within the period specified in the notice. Water Act 1989 - SECT 66 Appointment of panel 66. Appointment of panel (1) The Minister may appoint a panel of persons to consider submissions made on an application to which section 65 applies. (2) Subsections (2) to (6) of section 50 apply to a panel appointed under subsection (1) as if the reference in subsection (3) of that section to a notice given under section 49(2) were a reference to a notice given under section 65(2). Division 2-Licence to construct works, etc. Water Act 1989 - SECT 67 Licence to construct works etc. 67. Licence to construct works etc. (1) An Authority or any other person may apply to the Minister for the issue of a licence to construct, alter, operate, remove or decommission- (a) any works on a waterway (including the River Murray), including works to deviate (temporarily or permanently) a waterway; or (b) a bore. (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 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 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 of the capacity; or (d) is a dam belonging to a prescribed class of dams. (2) An application must- (a) be made in a form and manner approved by the Minister; and (b) contain any information that- (i) is prescribed; or (ii) is required by the Minister; and (c) be accompanied by- (i) any application fee fixed by the Minister; and (ii) if the land on which the works are, or are proposed to be, situated- (A) is not Crown land (other than land which is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993); and (B) is not occupied by the applicant- the written consent of the occupier. (3) This section does not apply to the abandonment or decommissioning of any works of an Authority, if the works are major works. (4) After consultation with the Minister administering the Conservation, Forests and Lands Act 1987, a licence issued under this section may include authority to enter on any Crown land other than land which is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993 and to install and operate works on that land, under the licence, for the purpose of raising water. (5) The licensee is liable to compensate any person who suffers any pecuniary loss as a direct, natural and reasonable consequence of the exercise of an authority granted under subsection (4). (6) The amount of compensation payable is as agreed by the parties or, in the absence of agreement, as determined by the Tribunal. Water Act 1989 - SECT 67A Application to go to certain bodies 67A. Application to go to certain bodies 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- (a) the Department Head; and (b) the relevant Catchment Management Authority; and (c) the relevant Council; and (d) Melbourne Water Corporation, if the dam is or will be located in the waterway management district of Melbourne Water Corporation; and (e) any Authority holding a bulk entitlement that may be affected by the approval of the application. Water Act 1989 - SECT 67B Bodies must consider application 67B. Bodies must consider application (1) Within 30 days after receipt of an application referred to a body under section 67A, the 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 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 licence on any specified ground; and (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 referred to it under section 67A, the Minister may proceed to determine the application. Water Act 1989 - SECT 68 Matters to be taken into account 68. Matters to be taken into account In considering an application under section 67, the Minister must- (a) have regard to the report of any panel appointed under section 66; and (ab) have regard to any advice and comments received within the period of 30 days referred to in section 67B(1); and (b) have regard to any adverse effect that the exercise of rights under the licence is likely to have- (i) on the drainage regime within the meaning of section 12(1); or (ii) on in-stream uses of water; or (iii) otherwise on the aquifer or on the flow of water within the waterway, including effects on the land that forms the waterway or its surrounds; or (iv) on the implementation of the conservation policy of the government; and (ba) have regard to the matters mentioned in paragraphs (b) to (n) of section 40(1); and (bb) give effect to an approved management plan for any relevant water supply protection area; and (c) consider the likely effects of the escape of water from the works; and (d) have regard to whether the site of the proposed works is within a heritage river area or natural catchment area within the meaning of the Heritage Rivers Act 1992 and whether there is any restriction on the use of the area under that Act; and13 (e) have regard to any other matter that the Minister thinks fit. Water Act 1989 - SECT 69 Determination of application 69. Determination of application (1) The Minister may either refuse an application under section 67 or approve it and issue a licence under that section. (2) The Minister must defer consideration of the application pending the determination of any related application under Part 4. (3) The Minister must refuse the application if- (a) a related application under Part 4 is refused; or (b) the application relates to works to deviate, in the opinion of the Minister, a waterway in a major way and the Department Head does not consent to the issue of a licence. (4) Neither the Minister nor the Crown is liable to pay damages in respect of any injury, damage or loss caused by the flow of water from works authorised to be constructed, altered, operated, removed or decommissioned by a licence issued under section 67. Water Act 1989 - SECT 70 Other permits etc. still necessary 70. Other permits etc. still necessary The issue of a licence under section 67 does not remove the need to apply for any authorisation or permission necessary under any other Act with respect to anything authorised by the licence. Water Act 1989 - SECT 71 Conditions on which licence may be issued 71. Conditions on which licence may be issued (1) A licence issued under section 67 is subject to- (a) the prescribed conditions; and (ab) a condition requiring payment of any annual charge fixed by the Minister in accordance with section 74A; and (ac) any condition that the Minister thinks fit- (i) as to the maximum amounts of water that may be taken in particular periods and circumstances; and (ii) the installation and use of measuring devices and pumps; and (b) any other conditions that the Minister thinks fit relating to- (i) the standard of construction, dimensions and any other feature of the works and any associated works; or (ii) the future maintenance and operation of the works and any associated works and the date on which operation of those works may commence; or (iii) the date of commencement of the works and the notice required to be given of that commencement; or (iv) the submission of reports on the carrying out of the work; or (iva) the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or (v) the qualifications required to be held by persons undertaking, designing, constructing or operating the whole or any part of the work; or (vi) the protection of the environment, including the riverine and riparian environment; or (vii) the implementation of the conservation policy of the government; or (viii) in the case of works on a waterway, additional works or measures to be undertaken for- (A) the protection and enhancement of in-stream uses of water; or (B) the protection of the waterway and its surrounds; or (C) the maintenance of flow in the waterway; or (D) the maintenance of the drainage regime within the meaning of section 12(1); or (ix) in the case of works for the storage of water within a waterway, steps to be taken to maintain the availability of water to satisfy other entitlements; or (ixa) without limiting subparagraph (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 person holding one or more qualifications approved by the Minister and engaged by the licensee; or (B) the procedures for management of dam safety; or (C) the procuring of water, by transfer or otherwise, for every year that the dam is in operation; or (x) in the case of a bore- (A) additional works or measures to be undertaken for the protection of the aquifer or for the maintenance of flow; or (B) requiring samples of materials excavated from the bore and of water encountered in the bore to be taken and given to a specified Authority; or (C) requiring all or any part of the works to be carried out by, or under the direction of, a licensed driller; and (c) without derogating from rights to water for domestic and stock use conferred by section 8, any other conditions that the Minister thinks fit and specifies in the licence. (1A) In addition to any conditions to which a licence under section 67 is subject under subsection (1), a licence under section 67 is subject to conditions that are prescribed or fixed by the Minister relating to- (a) the maximum amounts of water which may be taken in particular periods or circumstances from any bore or works to which the licence relates; or (b) the installation and use of measuring devices and pumps; or (c) the operation of any bore or works (to which the licence relates) for extracting water from waterways. (2) A licence issued under section 67 remains in force for the period specified in the licence but, if necessary, may be renewed under section 72. Water Act 1989 - SECT 72 Renewal of licence 72. Renewal of licence (1) The holder of a licence issued under section 67 may, before the expiry of the licence, apply to the Minister for the renewal of the licence. (2) An application must- (a) be made in a form and manner approved by the Minister; and (b) contain any information that- (i) is prescribed; or (ii) is required by the Minister; and (c) be accompanied by any application fee fixed by the Minister. (3) In considering an application for the renewal of a licence issued under section 67, the Minister must have regard to the matters mentioned in section 68. (4) If the Minister approves the application and renews a licence, he or she may amend or delete any of the conditions to which the licence is subject or add a new condition but must not make the licence subject to any condition to which it could not have been made subject under section 71(1). (5) A licence may be renewed for a period determined by the Minister or for an unlimited period. (6) A licence may, if necessary, be renewed under this section from time to time. Water Act 1989 - SECT 73 Amendment of licence 73. Amendment of licence (1) The Minister may amend a licence issued under section 67 to the extent necessary to ensure compliance with an approved management plan for any relevant water supply protection area. (1A) Within 12 months after the commencement of section 40 of the Water (Irrigation Farm Dams) Act 2002, 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- (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). (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. (2) The Minister must give at least 3 months' written notice of the amendment to the licensee and must specify in the notice the reasons for the amendment. Water Act 1989 - SECT 73A Amendment of conditions on works licences 73A. Amendment of conditions on works licences (1) The Minister may, on application by the holder of a licence under section 67, amend a condition on the licence that- (a) authorises works for the extraction of water in a declared water system; and (b) that relates to a bore or works for extracting water from waterways- to vary the maximum amounts of water that may be taken in particular periods or circumstances. (2) The powers of the Minister in relation to applications for licences under section 67 apply in respect of an application under this section as if it were an application for a licence under section 67. (3) An application under this section must- (a) be in the form approved by the Minister; and (b) contain any prescribed particulars; and (c) be accompanied by any documents or information required by the Minister; and (d) be accompanied by the fee determined by the Minister. Water Act 1989 - SECT 74 Transfer of licence 74. Transfer of licence (1) A licence issued under section 67 may, in accordance with this section, be transferred to another person. (2) A transfer may be either permanent or temporary. (3) A licensee may apply to the Minister for approval of the transfer of the licence. (4) An application must- (a) be made in a form and manner approved by the Minister; and (b) contain any information that- (i) is prescribed; or (ii) is required by the Minister; and (c) be accompanied by any application fee fixed by the Minister. (5) In considering an application, the Minister must have regard to the matters mentioned in section 68. (6) If an application for approval is made under subsection (3)- (a) the Minister, if the Minister is of the opinion that- (i) approval of the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or (ii) it is necessary to refuse to approve the transfer in order to preserve the environmental water reserve in accordance with the environmental water reserve objective- must refuse to approve the transfer; or (b) in any other case, the Minister may- (i) refuse to approve the transfer of the licence; or (ii) approve the transfer of the licence and may, in addition, amend or delete any of the conditions to which the licence is subject or add a new condition, but must not make the licence subject to any condition to which it could not have been made subject under section 71(1). Water Act 1989 - SECT 74A Annual charge for surveillance etc. 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 section 67(1A); or (b) a licence amended under section 73(1A)- 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. Water Act 1989 - SECT 74AA Licence fees for works licences 74AA. Licence fees for works licences (1) The Minister may, in the case of licences under section 67 that- (a) authorise works for the extraction of water in a declared water system; and (b) relates to a bore or works for extracting water from waterways- charge fees for the provision of services in respect of those licences by the Minister to the licence holders. (2) A fee under subsection (1) may apply at consecutive periods of twelve months while any licences under section 67 are in force. (3) This section applies to licences under section 67 whether or not issued before the coming into operation of section 56 of the Water (Resource Management) Act 2005. Water Act 1989 - SECT 75 Offences14 75. Offences14 (1) A person who- (a) obstructs or interferes with a waterway; or (b) constructs, alters, operates, removes or decommissions any works on a waterway; or (c) obstructs or interferes with any works on a waterway; or (d) erodes or otherwise damages the surrounds of a waterway- without being authorised to do so by or under this or any other Act is guilty of an offence. (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 other Act is guilty of an offence. (2) A person who- (a) constructs, deepens, enlarges or alters a bore; or (b) interferes with, damages or destroys a bore or ancillary works- without being authorised to do so by or under this or any other Act is guilty of an offence. (3) A person who- (a) performs work on a bore that is necessary- (i) to prevent the immediate waste, misuse or pollution of groundwater; or (ii) for the purpose of obtaining water for domestic and stock use; and (b) gives notice to the Minister of the work within 7 days after starting it- is not guilty of an offence under subsection (2). (4) If a licence is issued under section 67 to construct or alter any works and the licence 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. (5) Subsection (1A) does not apply until 1 July 2003 in relation to a dam which exists immediately before the commencement of section 42(4) of the Water (Irrigation Farm Dams) Act 2002. Division 3-Underground disposal Water Act 1989 - SECT 76 Power of Minister to approve underground disposal15 76. Power of Minister to approve underground disposal15 (1) A person may apply to the Minister for approval to dispose of any matter underground by means of a bore. (2) An application must- (a) be made in a form and manner approved by the Minister; and (b) contain any information that- (i) is prescribed; or (ii) is required by the Minister; and (c) be accompanied by any application fee fixed by the Minister. (3) In considering an application the Minister must have regard to the report of any panel appointed under section 66. (4) The Minister may by notice in writing to the applicant- (a) approve the application subject to any conditions that he or she thinks fit and specifies in the notice; or (b) refuse to approve the application and specify the reasons for that refusal. (5) The Minister must not approve an application in respect of a disposal which, in the opinion of the Minister, would cause the pollution of any groundwater or be detrimental to any aquifer or bore. (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 with the function of the bore as a State observation bore. (6) A person who disposes of any matter underground by means of a bore without approval under this section is guilty of an offence16. Water Act 1989 - SECT 77 Other permits etc. still necessary 77. Other permits etc. still necessary The approval of an application under section 76 in respect of a disposal does not remove the need to apply for any authorisation or permission necessary under any other Act with respect to the disposal. Division 4-Directions Water Act 1989 - SECT 78 Power of Minister to give directions17 78. Power of Minister to give directions17 (1) The Minister may, by notice in writing, direct the occupier of any works on a waterway or of a bore- (a) to operate or alter those works in compliance with the conditions specified in the notice; or (b) to take the measures specified in the notice, being measures that the Minister thinks necessary- (i) to secure compliance with this Act or the conditions of any licence granted under this Act; or (ii) to prevent the waste, misuse or pollution of water; (iii) to protect the environment, including the riverine and riparian environment; or (iv) to maintain the environmental water reserve in accordance with the environmental water reserve objective. (2) Any condition of a licence issued under section 67 relating to works that is inconsistent with a direction given by the Minister under subsection (1) is of no effect to the extent that it is inconsistent. (3) The Minister may, by notice in writing, direct the occupier of any works to which this subsection applies to remove those works. (4) Subsection (3) applies to- (a) works on a collection of water declared by the Governor in Council to be a lake, lagoon, swamp or marsh under section 4 if the works were constructed before the making of the declaration; and (b) works constructed before the commencement of this subsection on a waterway that immediately before that commencement was not a water-course within the meaning of Part II of the Water Act 1958; and (c) works constructed on a waterway on or after that commencement in contravention of this Act. (5) The occupier of works or of a bore must comply with any direction given under subsection (1) or (3). Penalty applying to this subsection: 20 penalty units. Water Act 1989 - SECT 79 Power of Minister to give direction to bore occupier18 79. Power of Minister to give direction to bore occupier18 (1) If a bore that is not used or intended to be used for the collection or extraction of groundwater or the disposal of any matter is found to be capable of being used for any such purpose, the occupier of the bore must immediately notify the Minister of that fact. Penalty applying to this subsection: 10 penalty units. (2) The Minister may direct an occupier who is required to give notice under subsection (1) to take any measures that the Minister thinks necessary or desirable to ensure that the groundwater resources of the State are protected and conserved. (3) The occupier of a bore must comply with any direction given under subsection (2). Penalty applying to this subsection: 10 penalty units. Water Act 1989 - SECT 80 Power to give directions concerning dams 80. Power to give directions concerning dams (1) The Minister may, by notice in writing- (a) direct the owner of any private dam to make specified improvements to the dam, to take specified measures to keep the dam under surveillance or to remove the dam; or (b) direct the proposed owner of any proposed private dam to resite the dam or to build it to specified standards or not to build the dam- if the Minister decides that the dam or proposed dam is, or is likely to be, hazardous to life or property because of its location or proposed location or the nature of its construction or proposed construction. (2) The Governor in Council may- (a) direct the owner of any dam other than a private dam to make specified improvements to the dam, to take specified measures to keep the dam under surveillance or to remove the dam; or (b) direct the proposed owner of any proposed dam other than a private dam to resite the dam or to build it to specified standards or not to build the dam- if the Governor in Council decides that the likely effects of a flow of water from the dam or proposed dam warrant the giving of that direction. (3) The owner of a dam or the proposed owner of a proposed dam must comply with any direction given under subsection (1) or (2)19. Penalty applying to this subsection: 20 penalty units. (3A) Without limiting any power to give directions under this section, the Governor in Council may make regulations for or with respect to regulating the planning, construction, surveillance, operation and maintenance of any dam or class of dams. * * * * * (3B) The regulations made under subsection (3A) may apply both to existing dams and to proposed dams. (3C) Without limiting subsection (3A), the regulations made under that subsection may provide for any matter that may be the subject of conditions under section 71. * * * * * (5) A notice giving a direction under subsection (1) must contain details of the circumstances that, in the opinion of the Minister, warrant the giving of the direction. (6) The giving or not giving of directions under this section does not make the Minister or the Crown liable in respect of a flow of water from a dam. Water Act 1989 - SECT 80A Design criteria etc. for re-use dams 80A. Design criteria etc. for re-use dams The Minister may, by Order published in the 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 each year by a person by means of such dams. Water Act 1989 - SECT 81 Power of Minister to carry out works20 81. Power of Minister to carry out works20 (1) If- (a) a person fails to carry out the work necessary to comply with a direction given under this Division within the time specified in the direction; or (b) it appears to the Minister to be necessary for work to be carried out urgently on any works on a waterway or any bore to prevent the waste, misuse or pollution of water- the Minister may carry out the work and recover its reasonable cost from the occupier of the works or bore as a civil debt recoverable summarily. (2) As soon as possible after the work is carried out under subsection (1) the Minister must give the occupier written notice of- (a) the work carried out; and (b) the cost of that work. (3) Any costs incurred by the Minister under this section are a charge on the land. (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. (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- (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 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. Water Act 1989 - SECT 82 Compensation 82. Compensation (1) The owner and occupier of any works is entitled to be paid compensation for any loss suffered or expenses sustained as a result of- (a) being directed under section 78(1)(a) to alter works referred to in section 78(4)(b); or (b) being directed under section 78(3) to remove works referred to in section 78(4)(a) or (b). (2) Compensation payable under subsection (1) must be paid as follows- (a) compensation payable under paragraph (a) must be paid by an Authority specified by the Minister; (b) compensation payable under paragraph (b) in respect of works referred to in section 78(4)(a) must be paid by the person ordered by the Governor in Council to pay compensation under section 4(4); (c) compensation payable under paragraph (b) in respect of works referred to in section 78(4)(b) must be paid by an Authority specified by the Minister. (3) The amount of compensation payable under subsection (1) is as agreed by the parties or, in the absence of agreement, as determined by the Authority or other person responsible for its payment. Division 5-Review of decisions Water Act 1989 - SECT 83 Review of decisions 83. Review of decisions (1) A person whose interests are affected by the decision may apply to the Tribunal for review of a decision by the Minister- (a) under section 69(1) to refuse an application under section 67; or (b) under section 69(1) to approve an application under section 67; or (c) under section 71(1) to make a licence subject to any condition; or (d) under section 72 to refuse an application for the renewal of a licence; or (e) under section 72 to approve an application for the renewal of a licence; or (f) under section 72(4) to impose any condition on a licence or to amend or delete any of the conditions to which a licence is subject; or (g) under section 73(1), (1A) or (1B) to amend a licence; or (h) under section 74(6)(a) to refuse to approve the transfer of a licence; or (i) under section 74(6)(b) to approve the transfer of a licence; or (j) under section 74(6)(b) to impose any condition on a licence or to amend or delete any of the conditions to which a licence is subject; or (k) under section 76(4)(a) to approve an application under section 76(1); or (l) under section 76(4)(b) to refuse to approve an application under section 76(1); or (m) to give a direction under section 78(1) or (3); (n) to give a direction under section 79(2); (o) to give a direction under section 80(1). (2) A person whose interests are affected by the decision may apply to the Tribunal for review of a decision under section 82(3) by an Authority or other person responsible for the payment of compensation as to the amount of compensation payable. (2A) An application under subsection (1) or (2) 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 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 under section 46(5) of that Act that a statement of reasons will not be given. (3) The State of South Australia may apply to the Tribunal for review of a decision by the Minister under clause 29(5) of the Border Groundwaters Agreement (a copy of which is set out in Schedule 1 to the Groundwater (Border Agreement) Act 1985) as that agreement is amended by the Border Groundwaters Agreement Amendment Agreement (a copy of which is set out in Schedule 2 to that Act). (4) An application under subsection (3) may be made at any time within the period of 30 days after the Minister of the State of South Australia is notified of the decision under the clause referred to in that subsection. Division 6-Penalties Water Act 1989 - SECT 84 Penalties 84. Penalties (1) A person who is guilty of an offence under- (a) section 75; or (b) section 76(6)- is liable for a first offence to a penalty of not more than 20 penalty units or to imprisonment for not more than 3 months and for a subsequent offence to a penalty of not more than 40 penalty units or to imprisonment for not more than 6 months. (2) A person who is guilty of an offence referred to in subsection (1) that is of a continuing nature is liable, in addition to the penalty set out in that subsection, 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 contravention on the person under section 151; or (b) if no notice of contravention is served, after conviction. __________________ Water Act 1989 - PART 5A PART 5A VICTORIAN WATER REGISTER Division 1-Victorian water register Water Act 1989 - SECT 84A Object of Part 84A. Object of Part The object of this Part is to provide for a Victorian water register, being records and information kept by various recording bodies relating to water-related entitlements in Victoria, together with a centralised system for those records and information. Water Act 1989 - SECT 84B Purpose of water register 84B. Purpose of water register The purpose of the water register is to facilitate the responsible, transparent and sustainable use of the State's water resources and includes- (a) facilitating the monitoring of, and reporting in relation to, records and information about water-related entitlements and allocation and use of water resources; and (b) facilitating a market for water-related entitlements and water resources by providing publicly available records and information and other records and information about ownership and use of water-related entitlements. Water Act 1989 - SECT 84C Responsibilities for water register 84C. Responsibilities for water register (1) The Registrar is responsible for- (a) establishing and maintaining the system for the water register in which is kept records and information relating to water share records and the records and information referred to in subsections (2) and (3); and (b) establishing and maintaining records and information in the water register relating to water shares. (2) The Minister is responsible for establishing and maintaining records and information in the water register relating to- (a) water-use licences; and (b) water-use registrations; and (c) bulk entitlements; and (d) environmental entitlements; and (e) the recording of amounts of water that are to be allocated to each water share under section 33AC; and (f) works licences under section 67(1) where the licence relates to a declared water system. (3) An Authority is responsible for establishing and maintaining records and information in the water register relating to- (a) services delivered by that Authority under section 222(1); and (b) the recording of any water allocation assignment and any consumption of allocated water in a water system for which that Authority is responsible for supplying water. Water Act 1989 - SECT 84D Form and manner of keeping water register 84D. Form and manner of keeping water register (1) Subject to any regulations made under this Act, the Registrar may establish and maintain the system for the water register in any form and manner the Registrar thinks fit. (2) For the purposes of ensuring the integrity, efficiency and viability of the water register and consistency and compatibility- (a) the Registrar must consult with the other recording bodies in relation to the form and manner of establishing, maintaining and altering the system of the water register, including, but not limited to, the form and manner of the recording of information and keeping records and the processes involved; and (b) each recording body must consult with the other recording bodies in relation to the form and manner of establishing and maintaining the water register, including, but not limited to, the recording of information and keeping records and the processes involved. Water Act 1989 - SECT 84E Disclosure of information 84E. Disclosure of information (1) The Registrar must ensure that all records and information for which the Registrar is responsible which are necessary to enable- (a) an Authority to carry out its functions under this Act; or (b) the Minister to carry out the Minister's functions under this Act- are disclosed to the Authority or Minister, as the case requires, for those purposes. (2) An Authority must ensure that all records and information for which it is responsible which are necessary to enable- (a) the Registrar- (i) to establish and maintain the system of the water register; and (ii) to carry out the Registrar's functions under this Act; or (b) another Authority to carry out its functions under this Act; or (c) the Minister to carry out the Minister's functions under this Act- are disclosed to the Registrar, Authority or Minister, as the case requires, for those purposes. (3) The Minister must ensure that all records and information for which the Minister is responsible which are necessary to enable- (a) the Registrar- (i) to establish and maintain the system of the water register; and (ii) to carry out the Registrar's functions under this Act; or (b) an Authority to carry out its functions under this Act- are disclosed to the Registrar or Authority as the case requires, for those purposes. (4) A recording body is authorised to collect and use information disclosed under this section for the purposes of carrying out its functions under this Act. Division 2-Registrar Water Act 1989 - SECT 84F Employment of Registrar and staff 84F. Employment of Registrar and staff (1) A Registrar of the water register must be employed under Part 3 of the Public Administration Act 2004 for the purposes of this Act. (2) Any other employees that are necessary for the purposes of this Part may be employed under the Public Administration Act 2004. Water Act 1989 - SECT 84G Registrar's functions 84G. Registrar's functions (1) The Registrar's functions are- (a) to establish and maintain the system for the water register and ensure the system's integrity, efficiency, viability, compatibility and consistency; and (b) to administer records and information in the water register relating to water shares; and (c) to provide information from the records and information in the water register relating to water shares in accordance with this Act; and (d) to consult with other recording bodies about matters relating to the form and operation of the system of the water register and the maintaining of records and information, including alterations, in the water register; and (e) to train persons responsible for maintaining records and information in the water register relating to water shares; and (f) to create, or enable the creation of, reports derived from records and information in the water register, including reports created in accordance with the direction of the Minister; and (g) to keep records of prior transactions in relation to water shares; and (h) any other functions conferred on the Registrar by this Act. (2) The Minister may direct that a report created under subsection (1)(f) is to be available to the public, if the report does not include the names and addresses of individuals. Water Act 1989 - SECT 84H Delegation 84H. Delegation (1) The Registrar, by instrument, may delegate any of the Registrar's powers under this Act other than this power of delegation, to- (a) a person employed under Part 3 of the Public Administration Act 2004; (b) an Authority. (2) A delegation under subsection (1) may be subject to any conditions which the Registrar considers appropriate. Division 3-Recordings of water shares by the Registrar Water Act 1989 - SECT 84I What is recorded in the water register about water shares? 84I. What is recorded in the water register about water shares? The Registrar must ensure that the following details are recorded in the water register in relation to a water share- (a) the name and address of- (i) the owner of the share; and (ii) any other party with a recording with respect to the share; and (b) any other matter that is required to be recorded in respect of a water share by or under this Act; and (c) a description of the water system from which the share is issued; and (d) the share of water available from the water system under that share, which must be expressed as a maximum volume over a specified period; and (e) the class of reliability of the water share; and (f) if the share is associated with land specified in a water-use licence or water-use registration, the identifying details of the land and the water-use licence or water-use registration; and (g) the Authority responsible for imposing fees under Division 5 of Part 3A in relation to the water share; and (h) any other information that the Minister considers necessary; and (i) any other prescribed matters. Water Act 1989 - SECT 84J Recording of transfers 84J. Recording of transfers (1) If- (a) a transfer of ownership of a water share under section 33S occurs; or (b) a limited term transfer occurs- a person may lodge with the Registrar a document for the recording of the transfer to be made in the water register in respect of that share. (2) A document lodged under subsection (1) must be in the appropriate approved form. (3) The Registrar must not record a transfer of ownership of a water share under section 33S or a limited term transfer unless the Registrar is satisfied that the Minister has approved the transfer. (4) If a recording is made of a limited term transfer and the rights under that limited term transfer are transferred back to the owner of the water share or surrendered before the expiry of the limited term, the water share ceases to be subject to the limited term transfer. Water Act 1989 - SECT 84JA Recording of surrender of limited term transfer 84JA. Recording of surrender of limited term transfer (1) If the holder of a limited term transfer surrenders the limited term transfer, that person may lodge with the Registrar a document for a recording of the surrender to be made in the water register in respect of the water share that is the subject of the limited term transfer. (2) A document lodged under subsection (1) must be in the approved form. Water Act 1989 - SECT 84K Recording of legal personal representatives SECT 84K. Recording of legal personal representatives (1) The legal personal representative of a deceased owner of a water share may lodge with the Registrar a document for the recording of the transmission to the legal personal representative to be made in the water register in respect of that water share. (2) A document lodged under subsection (1) must be in the approved form. (3) On being satisfied as to the legal personal representative's authority to be recorded under this section, the Registrar may make a recording of- (a) the appointment of that legal personal representative; and (b) the date of death of the owner of the water share. (4) On the making of a recording under this section- (a) the legal personal representative becomes the owner of the water share in respect of the interest of the deceased owner of the water share; and (b) the legal personal representative holds the water share subject to all equities on which the deceased owner held it, but for the purpose of any dealing with the water share under this Act, is the owner of the water share; and (c) the title of a legal personal representative as owner of the water share relates back to, and is deemed to have arisen on, the death of the owner of the water share as if there has been no interval of time between the death and the recording. Water Act 1989 - SECT 84L Recording of survivor of joint owners of water share 84L. Recording of survivor of joint owners of water share (1) Subject to this Act, on the death of a person recorded with any other person as joint owners of any water share in the water register, the survivor may lodge a document with the Registrar for a recording of the transmission to the survivor to be made in the water register in respect of that water share. (2) A document lodged under subsection (1) must be in the approved form. (3) On being satisfied as to proof of the death of a joint owner of a water share, the Registrar may make a recording of the transmission by survivorship. Water Act 1989 - SECT 84M Recording of trustee of bankrupt 84M. Recording of trustee of bankrupt (1) The trustee in bankruptcy of an owner of a water share may lodge with the Registrar a document for a recording of the transmission to the trustee in bankruptcy to be made in the water register in respect of that water share. (2) A document lodged under subsection (1) must be in the approved form. (3) On being satisfied as to the trustee in bankruptcy's authority to be recorded under this section, the Registrar may make a recording of the appointment of that trustee in bankruptcy. (4) On the making of a recording under this section- (a) the trustee in bankruptcy becomes the owner of the water share in respect of the interest of the owner of the water share; and (b) the trustee in bankruptcy holds the water share subject to all equities on which the owner held it, but for the purpose of any dealing with the water share under this Act, is the owner of the water share. (5) Unless prior to a bankrupt owner of a water share dealing with the water share, the trustee in bankruptcy has applied to be recorded under this section, any dealings by the bankrupt owner with a person dealing bona fide and for value with that owner is not to be affected by any order of sequestration. (6) This section is subject to any law of the Commonwealth of Australia relating to bankruptcy. Water Act 1989 - SECT 84N Recording of mortgages 84N. Recording of mortgages Schedule 12A has effect. Water Act 1989 - SECT 84O Electronic lodgement system 84O. Electronic lodgement system Schedule 12B has effect. Water Act 1989 - SECT 84P Recording and incorporation of common provisions 84P. Recording and incorporation of common provisions (1) A person may lodge with the Registrar a memorandum in the approved form containing one or more provisions which are intended for inclusion in documents to be subsequently lodged for recording in the part of the water register for which the Registrar is responsible. (2) The Registrar may retain a memorandum lodged under subsection (1). (3) The Registrar may prepare and retain a memorandum containing any provisions which seem appropriate for inclusion in documents to be subsequently lodged for recording in the part of the water register for which the Registrar is responsible. (4) A memorandum retained by the Registrar under this section is to be deemed to be part of the water register relating to water shares. (5) A document lodged with the Registrar for the making of a recording in the water register in relation to a water share may incorporate a provision in a memorandum retained by the Registrar under this section by reference to the provision in a way sufficient to clearly identify it. Water Act 1989 - SECT 84Q Priority of recordings 84Q. Priority of recordings (1) For the purposes of determining the priority of recordings in relation to water shares, the Registrar must ensure that the time and date of lodgement of any document for the making of a recording in the water register is recorded. (2) The priority of documents lodged for the making of a recording in relation to a water share as between themselves is according to the time and date of lodgement. (3) A recording takes effect at the date the recording is made. Division 4-Recordings by the Minister Water Act 1989 - SECT 84R What is recorded in the water register about water-use licences? 84R. What is recorded in the water register about water-use licences? The Minister must ensure that the following details are recorded in the water register in relation to a water-use licence- (a) the name and address of the holder of the licence; and (b) a description of the land specified in the licence; and (c) the conditions to which the licence is subject; and (d) the annual use limit; and (e) any other information that the Minister considers necessary; and (f) any other prescribed matters. Water Act 1989 - SECT 84S What is recorded in the water register about water-use registration? 84S. What is recorded in the water register about water-use registration? The Minister must ensure that the following details are recorded in the water register in relation to a water-use registration- (a) the name and address of the holder of the water use registration; and (b) a description of the land specified in the water-use registration; and (c) the purpose for which water may be used on the land under the water-use registration; and (d) the annual use limit; and (e) any other information that the Minister considers necessary; and (f) any other prescribed matters. Water Act 1989 - SECT 84T What is recorded in the water register about bulk entitlements? 84T. What is recorded in the water register about bulk entitlements? The Minister must ensure that bulk entitlements are recorded in the water register including- (a) the name of the person who holds the bulk entitlement; and (b) any other information that the Minister considers necessary; and (c) any other prescribed matters. Water Act 1989 - SECT 84U What is recorded in the water register about environmental entitlements? 84U. What is recorded in the water register about environmental entitlements? The Minister must ensure that environmental entitlements are recorded in the water register including- (a) any information that the Minister considers necessary; and (b) any prescribed matters. Water Act 1989 - SECT 84V What is recorded in the water register about works licences? 84V. What is recorded in the water register about works licences? The Minister must ensure that the following details are recorded in the water register in relation to a works licence under section 67(1) which relates to a declared water system- (a) the name and address of the holder of the licence; and (b) a description of the land specified in the licence; and (c) a description of the works; and (d) the conditions to which the licence is subject; and (e) the period specified in the licence; and (f) any other information that the Minister considers necessary; and (g) any other prescribed matters. Division 5-Recordings by Authorities Water Act 1989 - SECT 84W What must an Authority record in the part of the water register for which it is responsible? 84W. What must an Authority record in the part of the water register for which it is responsible? An Authority must record and maintain the following records and information- (a) in relation to services delivered by that Authority under section 222(1)- (i) the name and address of the owner of each serviced property within the irrigation district; and (ii) in relation to each serviced property in the irrigation district- (A) the volumes at which and the periods for which the Authority determines under section 223 that water is to be delivered for irrigation to the property; and (B) any other terms and conditions that apply to the property; and (b) any water allocation assignment and any consumption of allocated water in a water system for which that Authority is responsible for supplying water; and (c) any other information that the Authority considers necessary; and (d) any other prescribed matters; and (e) any other information that the Minister considers necessary to be recorded in the part of the water register for which an Authority is responsible. Division 6-Searching information in the water register Water Act 1989 - SECT 84X What information is available from the water register? 84X. What information is available from the water register? (1) Subject to this Division, the following records and information in the water register are publicly available- (a) records and information in the water register referred to in sections 84I, 84R, 84S, 84T, 84U, 84V and 84W (except for any records or information referred to in section 84W(b)); and (b) prescribed records or information. (2) Information available under subsection (1)(a) does not include the address of any person. (3) For a prescribed purpose, a prescribed person or prescribed class of person may search the water register for prescribed information or records or prescribed classes of information or records, whether or not that prescribed information or those prescribed records are information or records referred to in subsection (1). (4) Despite subsection (1) and (3), the regulations may prescribe records or information or classes of records or information which are not publicly available. Water Act 1989 - SECT 84Y Suppression of certain personal records and information 84Y. Suppression of certain personal records and information (1) A person whose personal information is held in the water register may apply to a recording body to restrict public access to some or all of that personal information. (2) If a recording body is satisfied that exceptional circumstances exist justifying the restriction of public access to that person's personal information, the recording body may restrict public access to some or all of that personal information. (3) The restriction of public access under subsection (2) may be for the period and on the conditions that the recording body thinks fit. (4) If a recording body is satisfied that it is in the public interest that personal information restricted under this section be released to a person who applies for it, the recording body may release some or all of the information to the person on any condition that the recording body thinks fit. (5) If a recording body decides to release restricted personal information under subsection (4), the recording body must give written notice of the decision to the person whose restricted personal information is to be released. (6) A recording body must not release restricted personal information under this section until 28 days after giving written notice of the decision to release the information to the person whose restricted personal information is to be released. Water Act 1989 - SECT 84Z Rights of review 84Z. Rights of review (1) A person whose interests are affected by a decision of a recording body under section 84Y may apply to VCAT for review of the decision. (2) An application for review under subsection (1) must be lodged with VCAT within 28 days after- (a) notice of the decision was given; or (b) if, under section 45 of the Victorian Civil and 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 under section 46(5) of that Act that a statement of reasons will not be given. Water Act 1989 - SECT 84ZA Searching the water register 84ZA. Searching the water register (1) A person may apply to a recording body for information or records from the part of the water register for which that body is responsible. (2) An application under this section must be accompanied by- (a) in the case of an application to the Registrar or the Minister, the relevant prescribed fee (if any); or (b) in the case of an application to an Authority, the relevant fee (if any) fixed by the Authority. (3) On receiving an application under this section, a recording body may search the part of the water register for which it is responsible and provide the information or records to the applicant in any manner permitted by the system. (4) A recording body may provide information or records under this section in relation to- (a) current information or records in the water register maintained by a recording body; (b) other non-current information or records in the water register maintained by a recording body; (c) documents or images of documents in the water register maintained by a recording body; (d) any other prescribed information or records in the water register maintained by a recording body; (e) a combination of the matters referred to in paragraphs (a) to (d). Division 7-Corrections and amendment of water register Water Act 1989 - SECT 84ZB Correction and amendment of water register 84ZB. Correction and amendment of water register (1) A recording body, if satisfied that it is necessary to do so to reflect the current status of a record or information, may correct or amend the part of the water register for which that body is responsible- (a) to correct any error in a recording; or (b) to amend any recording; or (c) to delete or cancel any recording. (2) A recording body must correct or amend the part of the water register for which it is responsible if required to do so- (a) by a court or tribunal; or (b) by virtue of this Act or any other Act. (3) A recording body may correct or amend the part of the water register for which it is responsible by- (a) adding, cancelling or deleting a recording; or (b) adding, altering or deleting particulars or details contained in a recording; or (c) recording details of any change in the name or address of any person in respect of whom the matter recorded in the water register relates. (4) A recording body- (a) may correct the water register on the body's own initiative; or (b) may correct or amend the water register on the application of a person in the approved form accompanied by- (i) the prescribed fee (if any); or (ii) in the case of an Authority, the fee fixed by the Authority (if any); or (c) may correct or amend the water register as a consequence of the Minister exercising a power under section 33AAB. Water Act 1989 - SECT 84ZC Notification of parties 84ZC. Notification of parties If a recording body corrects a part of the water register under section 84ZB(4)(a) in relation to a substantial error affecting a person's recorded interest, the body must notify each person who is recorded in the water register as having an interest in the matter in respect of which the correction has been made. Division 8-General Water Act 1989 - SECT 84ZD Power to require statutory declarations 84ZD. Power to require statutory declarations A recording body may require that information be given by statutory declaration. Water Act 1989 - SECT 84ZE Recording body may require proof of identity 84ZE. Recording body may require proof of identity (1) A recording body may require a person who requests the recording of any matter in the water register or the approval of any matter for recording in the water register to provide any proof of identity of a person that the recording body considers sufficient to establish that person's identity. (2) A recording body is not required to make a recording in the water register or approve any matter for recording in the water register if the recording body is not satisfied as to the identity of any person by or on behalf of whom any document relating to that matter was executed. (3) A recording body may require or permit the identity of a person to be verified by a person or class of persons approved as a verifier for the purposes of this section. (4) A recording body, by notice published in the Government Gazette, may approve- (a) a person or class of persons as a verifier or verifiers for the purposes of this section; or (b) standards of proof of identity that the recording body considers sufficient for the purposes of this section. Water Act 1989 - SECT 84ZF Recording body may require production of documents 84ZF. Recording body may require production of documents (1) Before making a recording in the water register, a recording body may require a person to submit any documents related to a recording or give any information related to a recording for the purposes of enabling any matter to be recorded in the part of the water register for which that body is responsible. (2) If any information or document required by a recording body under this section is withheld or not complied with, the recording body- (a) may refuse to make the recording until the relevant information or document is produced or complied with; or (b) if the relevant information or document is not produced or complied with and the recording is not made, may- (i) return any documents or information that have been submitted to the responsible body to the person requesting the recording; and (ii) retain any fee that has been paid by the person requesting the recording. (3) A recording body, at that body's discretion, may dispense with the submission or production of any document or information. Water Act 1989 - SECT 84ZG Monetary consideration to be stated in transfer 84ZG. Monetary consideration to be stated in transfer Any- (a) transfer of ownership of a water share under section 33S; and (b) limited term transfer- must state the monetary consideration in relation to the transfer. Water Act 1989 - SECT 84ZH Service of notices 84ZH. Service of notices (1) A notice under this Part may be served or given- (a) by being sent by letter posted to the person concerned at that person's address for service; or (b) by facsimile, e-mail or other electronic means of communication; or (c) if that person has no address for service within the meaning of this section, at that person's last known place of residence or business. (2) An address of a person recorded in the water register may be used as that person's address for service. (3) A recording body may cause a copy of any notice sent by the recording body to be filed with a memorandum that it was so sent and the memorandum is sufficient proof that the notice was duly sent. (4) If a notice is sent by letter posted to any person at that person's address for service and the letter is returned by the post office, a recording body may, if it thinks fit- (a) direct any further notice to be given; or (b) direct substituted service; or (c) proceed without notice. (5) A recording body may use the address or other contact information of a person which is recorded in the part of the water register for which that body is responsible for the purposes of serving a notice under this Part on that person. Water Act 1989 - SECT 84ZI Approved forms 84ZI. Approved forms (1) A recording body may approve forms for the purposes of this Part in relation to those parts of the water register for which that body is responsible. (2) A recording body must ensure that approved forms are available- (a) at the office of the recording body; and (b) on the Internet. Water Act 1989 - SECT 84ZJ Power to remit fees 84ZJ. Power to remit fees In appropriate cases, a recording body may remit to a person the whole or part of a fee paid or payable under this Part and the Consolidated Fund is hereby appropriated accordingly. Division 9-Offences and enforcement Water Act 1989 - SECT 84ZK Certificates and evidentiary effect 84ZK. Certificates and evidentiary effect (1) For the purposes of proceedings in any court or tribunal, a recording body may issue a certificate under that body's signature or seal (as the case requires) certifying as to any matter- (a) that is recorded in the part of the water register for which that body is responsible; or (b) that can be ascertained from- (i) the part of the water register for which that body is responsible; or (ii) any other records or information maintained by that recording body. (2) All courts and persons acting judicially must take judicial notice of a recording body's signature or seal (as the case requires) on a certificate issued under subsection (1) and, until the contrary is proved, must presume that it was duly signed or sealed. (3) In any proceedings, a certificate issued under subsection (1) purporting to be signed or sealed (as the case requires) by a recording body is evidence and, in the absence of evidence to the contrary, is proof, of the matters specified in the certificate. Water Act 1989 - SECT 84ZL False or misleading information 84ZL. False or misleading information A person must not knowingly give false or misleading information- (a) in any document lodged with or provided to a recording body under this Part; or (b) in relation to a recording in the water register. Penalty: 60 penalty units or imprisonment for 6 months. Water Act 1989 - SECT 84ZM Making false entries etc. in water register 84ZM. Making false entries etc. in water register A person must not knowingly make, or cause to be made- (a) a false recording in the water register; or (b) a recording or an alteration, cancellation or deletion of a recording in the water register without- (i) the authority of the Registrar; or (ii) being otherwise authorised to do so. Penalty: 60 penalty units or imprisonment for 6 months. _______________ Water Act 1989 - PART 6 PART 6 WATER CORPORATIONS Division 1-Establishment, restructuring, abolition and administration of water corporations Water Act 1989 - SECT 85 Establishment of water corporations 85. Establishment of water corporations (1) There are established water corporations each of which is to be known by a name set out in an item in Column 1 of the table in Schedule 1. (2) The Minister may, by determination, with the approval of the Treasurer, establish a water corporation, if the Minister is satisfied that it is necessary to do so for the purposes of section 87, which is to be known by the name set out in the determination. (3) Each water corporation established under this section- (a) is a body corporate with perpetual succession; and (b) has an official seal; and (c) may sue and be sued; and (d) may acquire, hold or dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (4) All courts must take judicial notice of the seal of a water corporation affixed to a document and, until the contrary is proved, must presume that it was duly affixed. (5) The official seal of each water corporation must be kept in the custody that is directed by the water corporation and must not be used, except as authorised by the water corporation. Water Act 1989 - SECT 86 Application of Public Administration Act 2004 86. Application of Public Administration Act 2004 The Public Administration Act 2004 applies to each water corporation as if that water corporation were a public entity, but not a small entity, within the meaning of that Act, established on or after the commencement of Part 5 of that Act. Water Act 1989 - SECT 87 Restructuring of water corporations 87. Restructuring of water corporations (1) The Minister may, by determination, with the approval of the Treasurer appoint a water corporation to take over the whole or any part of the functions, powers and duties of another water corporation under this Act. (2) The Minister must not make a determination under subsection (1) unless- (a) the Minister has reached agreement with each water corporation that is affected by the determination as to the terms and conditions of the determination; or (b) the Minister has before making such a determination- (i) given reasons for the determination to all water corporations affected by the determination; and (ii) laid a copy of the reasons for the determination before both Houses of the Parliament. (3) If the water corporation to which section 95(2) applies is restructured under this section, section 95(1) applies to the restructured water corporation and section 95(2) does not apply. Water Act 1989 - SECT 88 Abolition of water corporations 88. Abolition of water corporations (1) The Minister may, by determination, with the approval of the Treasurer, abolish a water corporation. (2) The Minister must not make a determination under subsection (1) unless- (a) a petition is delivered by a majority of the persons subject to a tariff within the water, sewerage, waterway management and irrigation districts (if any) of the water corporation to the Minister requesting the abolition of the water corporation; or (b) the water corporation has no functions to perform. Water Act 1989 - SECT 89 Publication of determinations as to establishment, restructuring and abolition 89. Publication of determinations as to establishment, restructuring and abolition The Minister must publish a determination under section 85(2), 87 or 88 in the Government Gazette. Water Act 1989 - SECT 90 Effect of Schedule 2 90. Effect of Schedule 2 Schedule 2 has effect with respect to any determination made under section 87 or 88. Water Act 1989 - SECT 91 Appointment of administrator 91. Appointment of administrator (1) The Minister may, by determination, appoint an administrator to carry out the functions of a water corporation, if the water corporation has failed to comply with a direction of the Minister under section 307. (2) A determination of the Minister under subsection (1)- (a) must specify the term for which the Administrator is appointed, which must be not more than 12 months; and (b) must set out reasons for the actions proposed in it; and (c) must be published in the Government Gazette; and (d) must be laid by the Minister before both Houses of Parliament within 5 sitting days of each House after the determination is made. (3) During the period for which an administrator is appointed under this section, the administrator acts in substitution for the board of directors in performing the functions and duties of the water corporation. (4) Any defect in relation to the appointment of the administrator does not invalidate that appointment or anything done by the administrator. (5) On the expiry of a determination under this section the Minister must determine whether or not to- (a) reinstate to his or her office each member of the board of directors of the water corporation whose term has not expired; or (b) dismiss each member of the board of directors of the water corporation. (6) The administrator goes out of office- (a) if members are reinstated under subsection (5)(a), at the time of that reinstatement; or (b) if all the members are dismissed under subsection (5)(b), on the appointment of new members- as the case requires. (7) If the term of appointment of the administrator expires and a determination under subsection (5) has not been made, members of the board of directors of the water corporation whose term has not expired, are reinstated. Division 2-Functions, powers, duties and objectives of water corporations Water Act 1989 - SECT 92 Functions, powers and duties of water corporations 92. Functions, powers and duties of water corporations (1) Each water corporation has the functions, powers and duties conferred on it by or under this or any other Act. (2) In addition to any other functions conferred on a water corporation by or under this or any other Act, a water corporation has the functions of- (a) investigating, promoting and conducting research into any matter relating to its other functions, its powers and its duties; and (b) educating the community about its functions. (3) Schedule 3 has effect with respect to Melbourne Water Corporation. Water Act 1989 - SECT 93 Sustainable management principles for water corporations 93. Sustainable management principles for water corporations Each water corporation, in performing its functions, exercising its powers and carrying out its duties must have regard to the following principles- (a) the need to ensure that water resources are conserved and properly managed for sustainable use and for the benefit of present and future generations; and (b) the need to encourage and facilitate community involvement in the making and implementation of arrangements relating to the use, conservation and management of water resources; and (c) the need to integrate both long term and short term economic, environmental, social and equitable considerations; and (d) the need for the conservation of biological diversity and ecological integrity to be a fundamental consideration; and (e) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty as to measures to address the threat should not be used as a reason for postponing such measures. Water Act 1989 - SECT 94 Business objective for water corporations $$NSECT 94. Business objective for water corporations Each water corporation, in performing its functions, exercising its powers and carrying out its duties has the objective that the water corporation must act as efficiently as possible consistent with commercial practice. Division 3-Boards of directors Water Act 1989 - SECT 95 Board of directors 95. Board of directors (1) Subject to subsection (2), each water corporation must have a board of directors consisting of- (a) not less than 2 and not more than 8 directors appointed by the Minister, or, in the case of Melbourne Water Corporation, appointed by the Minister together with the Treasurer (of whom one is to be appointed as chairperson under section 104); and (b) the managing director of the water corporation. (2) The First Mildura Irrigation Trust must have a board of directors consisting of- (a) 6 directors elected by the owners or occupiers of rateable land within the irrigation district of the Authority in accordance with Schedule 6 and any regulations made under section 324A (of whom one is to be appointed as chairperson under section 104); and (b) the managing director of the First Mildura Irrigation Trust. (3) For the purposes of subsection (1)(a), the Minister, or in the case of Melbourne Water Corporation, the Minister together with the Treasurer, may from time to time, by instrument, determine the number of directors for each water corporation. (4) The board of directors of a water corporation- (a) is responsible for- (i) the strategic planning of the corporation; and (ii) the management of the affairs of the corporation; and (b) may exercise the powers of the corporation. (5) When acting under subsection (4), the board of directors of a water corporation must do so having regard to the principles set out in section 93 and the objective set out in section 94. Water Act 1989 - SECT 96 Other duties not affected 96. Other duties not affected This Part has effect in addition to and not in derogation of, any Act or law relating to the criminal or civil liability of directors and does not prevent the institution of any criminal or civil proceedings in respect of such a liability. Water Act 1989 - SECT 97 Appointment of members of board of directors 97. Appointment of members of board of directors In appointing persons to be members of the board of directors of a water corporation, the Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, must ensure that each person so appointed has qualifications and experience that are relevant to the operations of the water corporation. Water Act 1989 - SECT 98 Terms and conditions of appointment of members of board of directors 98. Terms and conditions of appointment of members of board of directors (1) A member of the board of directors of a water corporation holds office, subject to this Act- (a) for the term, not exceeding 4 years, that is specified in the instrument of his or her appointment and is eligible for re-appointment; and (b) subject to this section, on the other terms and conditions that are determined by the Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer. (2) Each member of the board of directors of a water corporation holds office on a part-time basis. (3) In this section member of the board of directors does not include the managing director. Water Act 1989 - SECT 99 Managing Director 99. Managing Director (1) The board of a water corporation may appoint a person as the managing director of the water corporation, on a full-time or part-time basis. (2) The managing director of a water corporation holds office, subject to this Act- (a) for the term, not exceeding 5 years that is specified in the instrument of his or her appointment, and is eligible for re-appointment; and (b) subject to the terms and conditions that are specified in that instrument. (3) The managing director of a water corporation is not capable of being appointed as the chairperson, deputy chairperson or another director of the corporation. Water Act 1989 - SECT 100 When a member of the board of directors of a water corporation ceases to hold office 100. When a member of the board of directors of a water corporation ceases to hold office (1) The office of member of the board of directors becomes vacant if the member- (a) resigns in accordance with subsection (3); or (b) becomes an insolvent under administration (; or (c) fails to attend 3 consecutive meetings of the board of directors without the approval of the board; or (d) is found guilty of an indictable offence; or (e) holds a paid office in the water corporation. (2) Subsection (1)(e) does not apply to the managing director. (3) A person may resign from the office of member of the board of directors by notice in writing delivered to the Minister. Water Act 1989 - SECT 101 Removal from office of member of the board of directors 101. Removal from office of member of the board of directors (1) The Minister, or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, may at any time remove a member of the board of directors of a water corporation, other than the managing director, from the office of member. (2) The Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, must remove a person from the office of member of the board of directors, other than the managing director, if the member- (a) is found guilty of such an offence that the Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, is satisfied may affect the member's ability to carry out the duties of his or her office as member; or (b) fails without reasonable cause to disclose any interest under section 109. Water Act 1989 - SECT 102 Acting Managing Director 102. Acting Managing Director (1) The board of directors of a water corporation may appoint a person to act as managing director of the water corporation if- (a) the office of managing director is vacant; or (b) the managing director is absent or is unable, for any reason, to perform the duties of the office. (2) The acting managing director of a water corporation is not capable of being the chairperson, deputy chairperson or another director of the corporation. Water Act 1989 - SECT 103 Removal of managing director 103. Removal of managing director The board of directors of a water corporation must remove a person from the office of managing director if the managing director- (a) is found guilty of an offence relating to his or her duties as managing director; or (b) fails without reasonable cause to disclose any interest under section 109. Water Act 1989 - SECT 104 Chairperson 104. Chairperson The Minister, or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, must appoint a member of the board of directors of a water corporation to be the chairperson of the water corporation. Water Act 1989 - SECT 105 Deputy chairperson 105. Deputy chairperson (1) The board of directors of a water corporation must appoint one of the members of the board of directors to be the deputy chairperson of the board or directors. (2) The deputy chairperson, if present, must preside at meetings of the board of directors at which the chairperson is not present. Water Act 1989 - SECT 106 Acting appointments 106. Acting appointments (1) The deputy chairperson must act as chairperson if- (a) the office of chairperson is vacant; or (b) the chairperson is unable, for any reason, to perform the duties of the office. (2) While the deputy chairperson is acting as chairperson, the deputy chairperson has and may exercise all the powers, and must perform all the duties, of the chairperson. (3) The Minister may appoint a person who has the qualifications and experience as required under section 97 to be a member of the board of directors of a water corporation during any period, or during all periods, when- (a) the deputy chairperson is acting as chairperson; or (b) a member of the board of directors is unable for any reason to attend meetings of the board. Water Act 1989 - SECT 107 Validity of decisions 107. Validity of decisions (1) An act or decision of the board of directors of a water corporation is not invalid merely because of- (a) a vacancy in the membership of the board of directors; or (b) a defect or irregularity in, or in connection with, the appointment of a member of the board of directors. (2) Anything done by or in relation to a person purporting to act as a member of the board of directors of a water corporation, whether as chairperson, deputy chairperson or another director, is not invalid merely because- (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in relation to the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. Water Act 1989 - SECT 108 Improper use of information 108. Improper use of information A member or a person who has been a member of the board of directors of a water corporation must not make improper use of information acquired by virtue of that person's position as a member- (a) to gain directly or indirectly any pecuniary advantage for himself or herself or for any other person; or (b) with intent to cause detriment to the water corporation, whether or not detriment was caused. Penalty: 20 penalty units. Water Act 1989 - SECT 109 Effect of pecuniary interests 109. Effect of pecuniary interests (1) A member of the board of directors of a water corporation who has a pecuniary interest in any matter in which the water corporation is concerned must- (a) if the member is present at a meeting of the board of directors or any of its committees at which the matter is to be considered, disclose the nature of the interest immediately before the consideration; or (b) if the member is aware that the matter is to be considered at a meeting of the board of directors or any of its committees at which the member does not intend to be present, disclose the nature of the interest to the chairperson of the water corporation before the meeting is held. (2) If a member of the board of directors of a water corporation has disclosed an interest to the chairperson under subsection (1)(b), the chairperson must disclose that interest at the meeting at which the matter is considered, before the consideration of the matter. (3) The member of the board of directors- (a) may stay in the meeting during any consideration of the matter; and (b) may take part in the discussion; and (c) must not move or second a motion on a question relating to the matter; and (d) must leave the meeting while any vote is taken on a question relating to the matter; and (e) may, when notified by the chairperson that the vote has been declared, return to the meeting. (4) If a member of the board of directors discloses an interest under subsection (1), a statement showing- (a) that the disclosure was made; and (b) the nature of the matter and the nature of the disclosed interest; and (c) whether any vote was taken on a question relating to the matter and, if so, whether the member was present while the vote was taken; and (d) whether the member left the meeting at any time during consideration of the matter and, if so, at what stage the member left- must- (e) in the case of a disclosure made at or before a meeting of the board of directors, be included in the minutes of the meeting; and (f) in the case of a disclosure made at or before a meeting of a committee, be recorded by the committee and presented to, and included in the minutes of the next ordinary meeting of the board of directors. (5) A person must comply with subsections (1) and (3). Penalty: 20 penalty units. (6) It is a defence to a charge under subsection (5) for the person charged to prove that the person did not know- (a) that he or she had a pecuniary interest in the matter; or (b) that a matter in which he or she had a pecuniary interest was considered or to be considered at the meeting. (7) The Magistrates' Court has jurisdiction over a charge under this section even though title to land may be genuinely in question. (8) A charge may not be filed for an offence under this section more than 3 years after the commission of the alleged offence. (9) The Minister may, by notice in writing to a water corporation, remove any disability imposed by this section in any case if so many of the members of the board of directors of the water corporation are affected that the Minister decides that the transaction of the business of the water corporation would be impeded. (10) For the purposes of subsection (9), the Minister may remove, either indefinitely or for a specified time, any disability that would otherwise attach to a member, or class of members, of the board of directors, because of any interests, and in respect of any matters, that the Minister specifies in the notice. Water Act 1989 - SECT 110 What constitutes a pecuniary interest? 110. What constitutes a pecuniary interest? (1) In this section shares includes stock, and share capital must be read accordingly. (2) A member of the board of directors of a water corporation does not have a pecuniary interest to which section 109 applies in relation to a matter only because that member has an interest in the matter- (a) as a person who receives a service from the water corporation in common with other persons who receive a service from the water corporation; or (b) as a person who is, or may become, entitled to an allowance or other payment under this Act, if the maximum amount of the allowance or payment, or the rate at which the amount is to be calculated, is fixed under this Act; or (c) as a member of a club or other association (incorporated or not) that is conducted primarily for charitable, benevolent, recreational or community purposes; or (d) as a member of an employers' or employees' association; or (e) as a person to whom the water corporation offers, or proposes to offer, goods and services which are, or are proposed to be, offered generally by the water corporation on the same terms and conditions as to that member; or (f) as a person who receives a service from the water corporation, or as a resident of a district under the control of the water corporation, who may be required by the water corporation to make any payment that other persons who receive that service, or other residents of the district, may be required by the water corporation to make. (3) Unless subsection (4) provides otherwise, a person has a pecuniary interest in a matter if- (a) the person or his or her nominee is a member of a company or other body which has a pecuniary interest in the matter; or (b) the person is the sole proprietor, a partner, a director or an employee of a person who has a pecuniary interest in the matter. (4) Subsection (3) does not apply- (a) to membership of any body (incorporated or not) which results from an appointment or nomination made by the board of directors of a water corporation; or (b) to membership or directorship of any body (incorporated or not) if the member or director has no beneficial interest in any capital or income of the body. (5) If a member of a board of directors of a water corporation has a pecuniary interest in a matter only because he or she has a beneficial interest in the shares of a body, and if the total nominal value of those shares is not more than $2000 or 1 per cent of the total nominal value of the issued share capital of the body (whichever is less), section 109 does not preclude the member from taking part in the consideration of the matter. (6) If the share capital of a body is of more than one class, subsection (5) does not apply if the total nominal value of all the shares of any one class in which the member of the board of directors has a beneficial interest is more than 1 per cent of the total nominal value of the issued share capital of that class of the body. (7) The interest of a spouse or domestic partner of a member of the board of directors must, if known to the member, be taken to be an interest of the member for the purposes of this section. Water Act 1989 - SECT 111 Pecuniary interest does not prevent voting and consideration of some questions 111. Pecuniary interest does not prevent voting and consideration of some questions Nothing in section 109 precludes any person from taking part in the consideration of, or voting on- (a) any question as to whether the amount payable for goods or services previously supplied or provided under any contract should be paid from any fund of the water corporation or from any other money belonging to the water corporation; or (b) any question as to whether an application should be made to the Minister for the exercise of the powers conferred by section 109(9). Water Act 1989 - SECT 112 Effect of finding of guilt for offence against section 109 112. Effect of finding of guilt for offence against section 109 (1) A member of the board of directors of a water corporation who is found guilty of an offence against section 109 or any corresponding previous enactment is not capable of being or continuing to be a member of a board of directors of a water corporation for 7 years after that finding of guilt, unless- (a) on application by the person found guilty, the court by which he or she is found guilty; or (b) a court hearing an appeal under subsection (2)- thinks it is appropriate in the circumstances to reduce or waive the period of disqualification. (2) A person may, within 6 months after a decision on an application under subsection (1)(a), appeal from that decision- (a) if the person was found guilty by the Magistrates' Court-to the County Court; and (b) in any other case-to the Supreme Court. (3) An appeal is by way of re-hearing of the application, and the court may do anything that it would be entitled to do if the appeal were an appeal against the sentence imposed on the finding of guilt giving rise to the disqualification. Water Act 1989 - SECT 113 Submission of returns by members of the board and nominated officers 113. Submission of returns by members of the board and nominated officers (1) A person who becomes a member of a board of directors of a water corporation must within 30 days after becoming a member submit a primary return in the prescribed form to the managing director of the water corporation. Penalty: 20 penalty units. (2) If a person is re-appointed on completion of his or her term of office as a member of the board of directors of a water corporation, the member need not submit a new primary return. (3) If the board of directors of a water corporation has resolved that nominated officers must submit returns- (a) each nominated officer must within 30 days after the resolution; and (b) any person who becomes a nominated officer after the resolution must within 30 days after his or her nomination as a nominated officer- submit a primary return in the prescribed form to the managing director of the water corporation. Penalty: 20 penalty units. (4) A member of the board of directors of a water corporation or a nominated officer of a water corporation must, on or before 31 July each year, submit an ordinary return in the prescribed form to the managing director of the water corporation. Penalty: 20 penalty units. $$T Water Act 1989 - SECT 114 Information to be disclosed in primary and ordinary returns 114. Information to be disclosed in primary and ordinary returns (1) Each member of the board of directors of a water corporation and each nominated officer of a water corporation must disclose the following information in the primary return as at the date of the primary return- (a) the name of any company or other body, corporate or unincorporate, in which he or she held an office whether as a director or otherwise; (b) the information referred to in paragraphs (b), (c), (d) and (f) of subsection (2). Penalty: 20 penalty units. (2) Each member of the board of directors of a water corporation and each nominated officer must disclose in an ordinary return the following information in relation to the return period- (a) if he or she has held an office, whether as director or otherwise, in any company or body, corporate or unincorporate-the name of the company or body; (b) the name or description of any company, partnership, association or other body in which he or she holds a beneficial interest which exceeds $2000 in value; (c) the address or description of any land in any district of the water corporation or in a district which adjoins a district of the water corporation in which he or she has any beneficial interest other than by way of security for any debt; (d) a concise description of any trust- (i) in which he or she holds a beneficial interest; or (ii) of which he or she is a trustee and in which a relative holds a beneficial interest; (e) particulars of any gift of $2000 or more in value received by him or her from a person other than a relative; and (f) any other substantial interest, whether of a pecuniary nature or not, of the person, or of a relative of which interest the person is aware and which the person ought reasonably to consider might appear to raise a material conflict between his or her private interest and his or her public duty as a member or nominated officer. Penalty: 20 penalty units. (3) If a member of the board of directors of a water corporation or a nominated officer has already submitted one or more ordinary returns he or she must disclose in any subsequent ordinary return any change in the information disclosed in the last return and any additional information of the kind set out in subsection (2)(a) to (f) required to be disclosed, but he or she is not required to disclose any information already disclosed in a previous return. Penalty: 20 penalty units. (4) In this section relative of a member of the board of directors of a water corporation or nominated officer includes a domestic partner, or relative of a domestic partner, of the member or nominated officer. Water Act 1989 - SECT 115 Water corporation to maintain register 115. Water corporation to maintain register (1) A water corporation must- (a) maintain a register of the interests of members of the board of directors and, where required, nominated officers; and (b) enter in the register all the information given in the returns. (2) A water corporation must allow a person to inspect the register if that person applies, in writing and in accordance with the regulations, to the water corporation to do so. (3) The register may be inspected at the principal office of the water corporation during normal office hours. (4) A water corporation must take all reasonable steps to make sure that a person who has not applied does not have access to, and is not permitted to inspect, the register or any return. (5) A person must not publish any information derived from the register unless that information is a fair and accurate summary or copy of the information derived from the register. Penalty: 20 penalty units. (6) A person employed by a water corporation must not, whether before or after he or she ceases to be so employed, make a record of, divulge or communicate to any person any information in relation to a matter dealt with by this section that is gained by or conveyed to him or her during his or her employment with the water corporation, or make use of that information for any purpose other than the discharge of his or her official duties under this Act. Penalty: 20 penalty units. (7) A water corporation must- (a) retain the returns of a member of the board of directors or a nominated officer for 3 years after the person has ceased to be a member or a nominated officer; and (b) at the end of that period, destroy the returns. (8) As soon as practicable after a person ceases to be a member of the board of directors of a water corporation or a nominated officer, the water corporation must delete the entries relating to that person from the register. Water Act 1989 - SECT 116 Contracts of insurance 116. Contracts of insurance The board of directors of a water corporation may by resolution allow members of the board to enter into contracts of insurance in respect of activities undertaken by directors as members of the board of directors. Water Act 1989 - SECT 117 Allowances 117. Allowances (1) A water corporation may, subject to subsection (2), pay remuneration and allowances to its members of the board of directors. (2) The amounts of any remuneration and allowances paid by a water corporation must not exceed the amounts fixed by the Minister and, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, in respect of that water corporation. (3) The amounts fixed by the Minister under this section may vary between water corporations. (4) This section does not apply to the remuneration and allowances paid to the Managing Director of a water corporation. Water Act 1989 - SECT 118 Expenses 118. Expenses Despite anything in this or any other Act, the members of the board of directors of a water corporation are, if the board so resolves, entitled to be reimbursed out of the water corporation's funds for their reasonable expenses incurred whilst carrying out functions and exercising powers under this Act. Example Reasonable expenses incurred when travelling to and from meetings, undertaking training or making site visits. Water Act 1989 - SECT 119 Employment of officers of water corporations 119. Employment of officers of water corporations (1) A water corporation may employ, on terms and conditions determined by the water corporation, such officers and employees as it considers necessary for the carrying out of its functions. (2) An officer of a water corporation must not, without permission from the water corporation- (a) engage in any business; or (b) engage in the private practice of any profession or trade; or (c) hold any office in any corporation, other than a municipal council; or (d) engage in any employment other than that connected with the duties of office. (3) An officer who has been employed by a water corporation for 10 years is entitled in accordance with the regulations to be granted by the water corporation 3 months' long service leave with pay in respect of that 10 years' service and 11/2 months' long service leave with pay in respect of each additional 5 years of completed service. (4) The Governor in Council may, in accordance with section 324, make regulations for or with respect to long service leave, including but not limited to the following- (a) entitlements on retirement, death or termination of service; (b) when long service leave may be taken; (c) prohibiting an officer on long service leave from taking other employment for hire or reward; (d) the nature of the service, and the computation of the period of the service, that entitles an officer to long service leave; (e) the method of computing pay for long service leave; (f) requiring water corporations to establish funds for the purpose of making payments in relation to long service leave; (g) regulating the transfer of amounts from those funds; (h) regulating agreements between water corporations; (i) requiring the exchange of information between water corporations; (j) regulating agreements between water corporations and other persons. (5) Any person who, in accordance with the regulations, enters into an agreement about long service leave with a water corporation is empowered to enter into that agreement and may do anything necessary or convenient for giving effect to the agreement. Water Act 1989 - SECT 120 Meetings and proceedings at meetings of the boards of directors 120. Meetings and proceedings at meetings of the boards of directors (1) The board of directors of a water corporation must hold at least one ordinary meeting every 3 months. (2) Subject to this Act, the board of directors of a water corporation may regulate its own procedure. (3) The chairperson or, in his or her absence, the deputy chairperson or, in the absence of both the chairperson and deputy chairperson, a member of the board of directors of a water corporation elected by the members present at the meeting, must preside at a meeting of the board. (4) The quorum for a meeting of the board of directors of a water corporation is a majority of the members for the time being. (5) A question arising at a meeting of the board of directors of a water corporation is determined by a majority of the votes of the members present and voting on the question. (6) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote. (7) The board of directors of a water corporation must ensure that minutes are kept of each meeting of the board. (8) The board of directors of a water corporation must record in the minutes- (a) the names of the members present; and (b) the names of the members voting on any question in relation to which a division is called. (9) The board of directors of a water corporation may permit its members to participate in a particular meeting by- (a) telephone; or (b) closed-circuit television; or (c) any other means of electronic or instantaneous communication. (10) A member of the board of directors of a water corporation who participates in a meeting under subsection (9) is deemed to be present at the meeting. Water Act 1989 - SECT 121 Validity of decisions of board of directors of water corporation 121. Validity of decisions of board of directors of water corporation An act or decision of the board of directors of a water corporation is not invalid merely because of- (a) a defect or irregularity in, or in connection with, the appointment of a member of the board of directors; or (b) a vacancy in the membership of the board of directors, including a vacancy arising from the failure to appoint a member of the board of directors. Water Act 1989 - SECT 122 Special meetings 122. Special meetings (1) The chairperson of the board of directors of a water corporation may at any time (and must, if requested by 2 members) call a special meeting of the board. (2) Subject to subsection (3), a special meeting must not be held unless at least 2 days' notice has been given to each member of the board of directors of a water corporation. (3) If all members of the board of directors of a water corporation consent in writing, a special meeting may be held with less than 2 days' notice being provided to each member. (4) Notice of a special meeting must- (a) be in writing; and (b) be served on each member of the board of directors, by post or in person; and (c) specify the time and place of the meeting and the reason for it. (5) A special meeting must deal only with business stated in the notice. Water Act 1989 - SECT 122A Resolutions without meetings 122A. Resolutions without meetings (1) If all of the members of the board of directors of a water corporation for the time being see a document setting out a resolution and a majority of those members sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is deemed to have been passed at a meeting of the board held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member to sign signs the document. (2) If a resolution is deemed under subsection (1) to have been passed at a meeting of the board of directors of a water corporation, each member of the board must be advised as soon as practicable and given a copy of the terms of the resolution. (3) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members of the board of directors of a water corporation, are deemed to constitute one document. Division 4-Other provisions relating to water corporations Water Act 1989 - SECT 122B Powers of delegation of water corporations 122B. Powers of delegation of water corporations A water corporation may, by instrument under its official seal, delegate to- (a) a member of the board of directors of the water corporation or any other officer of the water corporation, by name or to the holder of the office; or (b) to any committee established by the water corporation under this Act, the members of which are members of the board of directors or officers of the water corporation; or (c) with the consent of the Minister, to any other person or body, including any committee established by the water corporation under this Act, the members of which are not members of the board of directors or officers of the water corporation- any function, power or duty of the water corporation other than- (d) this power of delegation; or (e) the power to make by-laws; or (f) any other power that is prescribed for the purposes of this section. Water Act 1989 - SECT 122C Committees established by the board of directors of a water corporation 122C. Committees established by the board of directors of a water corporation (1) The board of directors of a water corporation- (a) may establish a committee to advise the water corporation on any matter referred by the board of directors; and (b) may establish a committee to exercise any power or perform any function, authority or discretion delegated to it by the board of directors. (2) The following provisions apply to committees- (a) the board of directors may at any time remove from office a member of a committee and must provide in writing to the member the reasons for the removal; (b) a committee may act despite any vacancy in its membership; (c) subject to this Act and any rules made under paragraph (d), a committee may regulate its own proceedings; (d) the board of directors of a water corporation may, by resolution, make rules, with which committees must comply, about- (i) their quorums; and (ii) voting powers of their members; and (iii) their proceedings; (e) the Minister by notice published in the Government Gazette may declare that a committee is a corporation, and may dissolve a corporation of that sort in the same way; (f) a water corporation must obtain the Minister's consent before it delegates any of its powers, functions, authorities or discretions to a committee of which any members are not members or officers of the water corporation; (g) the Minister may specify rules of procedure for the exercise of a delegated power by a committee referred to in paragraph (f) and any purported exercise of that delegated power by such a committee otherwise than in accordance with those rules is void. (3) A water corporation that has an irrigation district may, in accordance with section 160, make by-laws about the constitution, functions and duties of a committee established in relation to an irrigation district or part of an irrigation district. (4) By-laws made under subsection (3) prevail, to the extent of any inconsistency, over the provisions of subsection (2). (5) A member of a committee is entitled to be paid any fees and allowances fixed by the Minister. (6) A committee established by the board of directors of a water corporation is subject to the requirements of Part 13 about annual reports and audits as if it were a part of the water corporation. Water Act 1989 - SECT 122D Incorporated committees 122D. Incorporated committees (1) If the Minister declares a committee to be a corporation under section 122C(2)(e), then on the publication of the notice in the Government Gazette- (a) the committee specified in the notice is a body corporate by the name assigned to it in the notice, with perpetual succession and a common seal, and is by that name capable in law of suing and being sued and, subject to this Act, of holding, acquiring and disposing of personal property; and (b) the powers, functions, discretions and authorities of that committee, whether conferred or imposed by this Act or otherwise, must be taken to be conferred or imposed on the corporation alone; and (c) the duties, liabilities, responsibilities and obligations imposed on that committee are transferred to the corporation; and (d) the corporation becomes the successor in law of that committee. (2) The common seal of a corporation constituted under section 122C(2)(e) must be kept in the custody that the corporation directs, and must not be used except as authorised by the corporation. (3) All courts must take judicial notice of the common seal of a corporation constituted under section 122C(2)(e) affixed to any document and, until the contrary is proved, must presume that it was duly affixed. (4) If the Minister declares a corporation to be dissolved under section 122C(2)(e), then on the publication of the notice in the Government Gazette- (a) the members who constituted the corporation specified in the notice constitute the committee; and (b) the powers, functions, discretions and authorities of the corporation specified in the notice must be taken to be conferred or imposed on that committee; and (c) the duties, liabilities, responsibilities and obligations imposed on the corporation specified in the notice are transferred to that committee; and (d) that committee becomes the successor in law of the corporation specified in the notice. (5) A committee declared to be a corporation under section 122C(2)(e)- (a) consists of the members who constituted the committee immediately before the publication in the Government Gazette of the notice declaring the committee to be a corporation; and (b) is subject to all the provisions of this Act and the regulations relating to committees. Water Act 1989 - SECT 122E Regulation making powers 122E. Regulation making powers The Governor in Council may make regulations for or with respect to- (a) the qualifications required to be held by any person who holds a specific office or position in a water corporation; and (b) the accreditation of any person who holds a specific office or position in a water corporation; and (c) the establishment, membership and procedure of a body which may issue accreditations and hold any examinations and tests it considers necessary for that purpose; and (d) prescribing fees to be paid for the issue or renewal of certificates of accreditation. Division 5-Particular water corporations Water Act 1989 - SECT 122F Additional function of Central Gippsland Region Water Corporation 122F. Additional function of Central Gippsland Region Water Corporation (1) In addition to any other functions conferred on the Central Gippsland Region Water Corporation, the Corporation has the function of receiving waste from any person, whether inside or outside the sewerage districts managed and controlled by the Corporation, for treatment or disposal by the Corporation. (2) In this section- waste includes- (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 (c) any ash, coal-dust or matter that may discolour or impart discolouration to water; and (d) any other matter that the Corporation by by-law declares to be waste. __________________ Water Act 1989 - PART 6A PART 6A DISTRICTS AND LAND MANAGEMENT AREAS Division 1-Continuation of districts Water Act 1989 - SECT 122G Continuation of districts 122G. Continuation of districts (1) Each Authority specified in an item in Column 1 of the Table in Schedule 1 (other than item 12) is deemed to have the irrigation district or districts, the water district or districts, the sewerage district or districts and the waterway management district or districts that the pre-dating Authority had immediately before the commencement of section 54 of the Water (Governance) Act 2006. (2) Each Catchment Management Authority that is deemed, by section 98(1) of the Catchment and Land Protection Act 1994, to continue in existence as if it were established under Division 3 of Part 2 of that Act, is deemed to have the waterway management district that the Catchment Management Authority had immediately before the commencement of section 151 of the Water (Governance) Act 2006. (3) In this section pre-dating Authority has the same meaning as in Schedule 16. Water Act 1989 - SECT 122H Waterway management district of Melbourne Water Corporation 122H. Waterway management district of Melbourne Water Corporation (1) The waterway management district of Melbourne Water Corporation is the land shown delineated in red on the plan lodged in the central plan office and numbered LEGL./05-406. (2) The Minister may, by determination, published in the Government Gazette- (a) add to the area of land that comprises the waterway management district of Melbourne Water Corporation; or (b) diminish the area of land that comprises the waterway management district of Melbourne Water Corporation. (3) A determination under subsection (2) takes effect from the date specified in the determination, which must be no earlier than the date of publication of the determination. Water Act 1989 - SECT 122I Transfer of assets on inclusion or diminution of land in waterway management district of Melbourne Water Corporation 122I. Transfer of assets on inclusion or diminution of land in waterway management district of Melbourne Water Corporation (1) In this section- previous body means- (a) an Authority whose waterway management district has been diminished by determination under section 122H; or (b) any other body whose area of jurisdiction has been diminished by determination under section 122H; new body means- (a) an Authority whose waterway management district has been increased by a determination under section 122H; or (b) any other body whose area of jurisdiction has been increased by a determination under section 122H. (2) On the making of a determination under section 122H- (a) any rights, property and assets that are specified in the determination are deemed to be vested in the new body; and (b) any debts, liabilities and obligations of the previous body arising out of any vesting under paragraph (a) are deemed to be the debts, liabilities and obligations of the new body; and (c) the new body is substituted as a party to any arrangement or contract entered into by or on behalf of the previous body arising out of any vesting under paragraph (a). (3) Where any right, property or asset is vested in a new body under this section, the new body is liable to pay the previous body in whom the right, property or asset was vested the amount that is agreed on by the new body and the previous body, or if there is no agreement, the amount determined by the Governor in Council. (4) The amount referred to in subsection (3), whether agreed on by the new body and the previous body or determined by the Governor in Council, must be an amount that is agreed or determined by taking any debts, liabilities and obligations that were vested in the previous body into account. Division 2-New irrigation and waterway management districts Water Act 1989 - SECT 122J New irrigation districts 122J. New irrigation districts (1) The Minister may, on application by an Authority, declare a new irrigation district and declare that the new irrigation district is an irrigation district of the Authority that made the application. (2) A declaration under subsection (1) must be published in the Government Gazette. Water Act 1989 - SECT 122K New waterway management districts 122K. New waterway management districts (1) The Minister may declare a new waterway management district and specify, in the declaration, the Authority for the new waterway management district. (2) A declaration under subsection (1) must be published in the Government Gazette. Division 3-New and extended water districts and sewerage districts and extended irrigation districts and waterway management districts Water Act 1989 - SECT 122L Non-application of Division 122L. Non-application of Division This Division (other than sections 122U, 122V and 122W) does not apply to any extension or diminution of the waterway management district of Melbourne Water Corporation. Water Act 1989 - SECT 122M Submission of proposal for establishment or extension of district 122M. Submission of proposal for establishment or extension of district An Authority may, submit to the Minister a proposal- (a) to establish a new water district or sewerage district; or (b) to extend an existing water district, sewerage district, waterway management district or irrigation district. Water Act 1989 - SECT 122N Restrictions on areas for which proposals for new or extended districts may be made 122N. Restrictions on areas for which proposals for new or extended districts may be made (1) An Authority must not submit a proposal for- (a) a new water district or sewerage district; or (b) an extended water district, sewerage district, waterway management district or irrigation district- if the whole or any part of the area to be covered by the proposal is within the area of interest of another Authority. (2) An Authority must not submit a proposal for- (a) a new or extended sewerage district unless the area to be covered by the district is within the Authority's water district; and (b) an extended waterway management district, unless the area to be covered by the district is within the catchment for the Authority's water district- unless the Minister, in writing exempts the Authority's proposal from the operation of this subsection. Water Act 1989 - SECT 122O Form of proposal 122O. Form of proposal (1) A proposal under section 122M must be in the form required by guidelines issued by the Minister. (2) The Minister may exempt a water corporation which submits a proposal for the extension of a district from complying with subsection (1). Water Act 1989 - SECT 122P Advertising proposal 122P. Advertising proposal (1) An Authority that has submitted a proposal under section 122M to the Minister must- (a) give notice of the proposal to- (i) all councils that are affected by the proposal; and (ii) any person whom the Authority reasonably believes may be affected by the proposal and any person to whom the Minister has directed the Authority to so give notice; and (b) make the proposal available for inspection free of charge at its office during its office hours; and (c) publish a notice of the proposal- (i) at least once every week for 3 consecutive weeks in a newspaper circulating generally in the area to which the proposal relates; and (ii) in the Government Gazette, after all other notices under this subsection have been given or published. (2) A notice under subsection (1) must state that- (a) the Authority invites submissions on the proposal to be made to it; and (b) any submission made to the Authority should set out the grounds on which it is made; and (c) the time within which any submission on the proposal must be received by the Authority. (3) The Minister may exempt an Authority which submits a proposal to extend a district from the requirement to comply with subsection (1) (other than subsection (1)(c)(ii)) or with subsection (2). Water Act 1989 - SECT 122Q Submissions 122Q. Submissions (1) An Authority that has submitted a proposal under section 122M to the Minister must invite submissions to the proposal in a notice under section 122P. (2) Any person who is affected by the proposal of an Authority submitted under section 122M may make a written submission on the proposal to the Authority. (3) A submission under subsection (2) must be received by the Authority within one month of publication in the Government Gazette of notice of the proposal under section 122P. Water Act 1989 - SECT 122R Final determination of Authority 122R. Final determination of Authority (1) An Authority that has submitted a proposal to the Minister under section 122M may finally determine whether to- (a) proceed with the proposal as submitted to the Minister; or (b) vary the proposal as a result of submissions received on the proposal; or (c) not proceed with the proposal. (2) The Authority must not make a determination under subsection (1) unless the Authority has considered all submissions received by the Authority within the time for making submissions under section 122Q. (3) On making a determination under subsection (1), the Authority must notify the Minister of the determination and send to the Minister copies of all submissions that the Authority received within the required time. Water Act 1989 - SECT 122S Ministerial determination 122S. Ministerial determination On receiving notice of the Authority's decision on a proposal it has submitted under section 122M, the Minister may- (a) approve the proposal, with or without changes; or (b) refuse the proposal. Water Act 1989 - SECT 122T Ministerial declaration 122T. Ministerial declaration The Minister, on approving a proposal under section 122S must give effect to the substance of the proposal by declaring, by notice published in the Government Gazette, the new or extended district that was the substance of the proposal. Water Act 1989 - SECT 122U Areas of interest 122U. Areas of interest The Minister may, at the request of an Authority, by instrument published in the Government Gazette declare an area of land outside a water, sewerage or waterway management district to be an area of interest for that Authority in relation to a water district, sewerage district or waterway management district of that Authority. Water Act 1989 - SECT 122V Advertising proposal for declaration 122V. Advertising proposal for declaration The Minister must not make a declaration under section 122U unless- (a) the Authority requesting the declaration- (i) has given notice of the proposed declaration at least 30 days before its making to any public statutory body which the Authority considers may be affected by it; and (ii) has published notice of the proposed declaration in a newspaper circulating generally in the area to be affected by the declaration; and (b) the Minister is satisfied that all public statutory bodies which may be affected by the proposed declaration have been adequately consulted about it. Water Act 1989 - SECT 122W Powers of Authority in area of interest 122W. Powers of Authority in area of interest (1) If an area of interest is declared under section 122U in respect of a water district, sewerage district or waterway management district of an Authority, the Authority may- (a) in the case of a water district, carry out any water supply functions (other than irrigation functions) or exercise any water supply powers (other than irrigation powers) in relation to that area of interest; and (b) in the case of a sewerage district, carry out any sewerage functions or exercise any sewerage powers in relation to that area of interest; or (c) in the case of a waterway management district, carry out any waterway management functions or exercise any waterway management powers in relation to that area of interest. (2) If an area of interest in relation to a particular function has been granted to an Authority, another Authority may not be appointed under this Division to manage and control a district related to that function that is wholly or partly within that area of interest. (3) An area of interest of an Authority must be taken to be part of the Authority's district for the purposes of any referral under the Planning and Environment Act 1987. Division 4-Changes to existing districts Water Act 1989 - SECT 122X Non-application of Division 122X. Non-application of Division This Division does not apply to any extension or diminution of the waterway management district of Melbourne Water Corporation. Water Act 1989 - SECT 122Y Power of Authorities to change districts 122Y. Power of Authorities to change districts (1) An Authority may, by resolution published in the Government Gazette- (a) unite any 2 or more- (i) water districts; or (ii) sewerage districts; or (iii) waterway management districts; or (iv) irrigation districts- that are under the management and control of the Authority; or (b) diminish the extent of a water district, sewerage district, waterway management district or irrigation district of the Authority; or (c) abolish any water district, sewerage district, waterway management district or irrigation district of the Authority that is no longer operating; or (d) divide a water district, sewerage district, waterway management district or irrigation district of the Authority into 2 or more districts. (2) An Authority must not make a resolution referred to in subsection (1) unless it has, once a week for 3 consecutive weeks before the resolution is made, published notice of the proposed resolution in a newspaper circulating generally in the area to be affected by the resolution. Water Act 1989 - SECT 122Z Power of Minister to change districts 122Z. Power of Minister to change districts (1) The Minister may, by determination- (a) unite any 2 or more- (i) water districts; or (ii) sewerage districts; or (iii) waterway management districts; or (iv) irrigation districts- of the same Authority; or (b) diminish the extent of a water district, sewerage district, waterway management district or irrigation district of an Authority; or (c) on the request of an Authority, abolish a water district, sewerage district or irrigation district of the Authority; or (d) abolish a waterway management district; or (e) divide a water district, sewerage district, waterway management district or irrigation district of an Authority into 2 or more districts. (2) On making a determination under subsection (1), the Minister may make any determination that the Minister considers desirable as to- (a) providing for any adjustment to areas affected by the determination under subsection (1); and (b) any other matter as a result of the determination under subsection (1). (3) The Minister must publish notice of any determination under this section in the Government Gazette. Division 5-Environmental and recreational areas Water Act 1989 - SECT 122ZA Environmental and recreational areas 122ZA. Environmental and recreational areas (1) The Minister may determine land- (a) which is owned or controlled by an Authority; or (b) which is within the water district, sewerage district, waterway management district or irrigation district of an Authority, or which is significant to the exercise of a function of an Authority and which is owned or controlled by another public statutory body or which is Crown land- to be an environmental area or a recreational area under the management and control of the Authority specified by the Minister and for the period specified by the Minister in the determination. (2) The Minister must not make a determination under subsection (1)(b) unless the Minister has first obtained the consent of the public statutory body or the Minister responsible for the management of the land (as the case requires) to the making of that determination. Water Act 1989 - SECT 122ZB Functions of Authority in area 122ZB. Functions of Authority in area (1) An Authority that has the management and control of any environmental or recreational area has the following functions- (a) in accordance with the directions of the Minister, to prepare a management strategy as to recreational uses for the area; (b) to improve the area; (c) to provide and arrange services and facilities in the area; (d) to control land use in the area. (2) Subject to any determination under section 122ZA establishing an area, an Authority is under no duty to exercise its functions under subsection (1). Water Act 1989 - SECT 122ZC Contributions by public authorities 122ZC. Contributions by public authorities Despite anything in any other Act, if an environmental area or a recreational area is determined under section 122ZA, any public statutory body may make contributions out of any money legally available to that body, for or towards the cost of improving the area or providing or maintaining services in it. Water Act 1989 - SECT 122ZD Revenue from land 122ZD. Revenue from land Any revenue collected in relation to any environmental or recreational area forms part of the fund of the Authority that has the management and control of the area. Water Act 1989 - SECT 122ZE Limitation of exercise of powers under this Division 122ZE. Limitation of exercise of powers under this Division (1) An Authority must not exercise its functions or powers under this Division in a manner which is inconsistent with any provision of an Order granting a declared bulk water entitlement and any purported exercise of a function or power in such a manner is, to the extent to which it is so inconsistent, of no effect. (2) In subsection (1)- declared bulk water entitlement means a bulk water entitlement in respect of which a declaration under section 185(3) has been made. Water Act 1989 - SECT 122ZF Regulation making powers as to areas 122ZF. Regulation making powers as to areas The Governor in Council may make regulations for or with respect to- (a) the granting of leases or licences for areas determined under this Division, and in particular as to the following matters- (i) the Authority that may grant any such lease or licence, which must be the Authority that has the management and control of the area and that has a proprietary interest in the area; (ii) the purposes for which any such lease or licence may be granted, which must be for activities carried on in, or things introduced into, the area; and (b) the charging of fees for leases or licences over areas determined under this Division; and (c) the powers of the Authority in relation to the removal of any unregistered or abandoned motor vehicle from an area determined under this Division and its subsequent sale, including provisions about- (i) notice of removal; and (ii) surrender of the motor vehicle to its owner or an agent of the owner; and (iii) sale of the motor vehicle; and (iv) the circumstances in which clear title to the motor vehicle passes on sale; and (v) disposal of the proceeds of sale; and (vi) protection of the Authority from liability in relation to payments of the proceeds of sale; and (vii) any other necessary or convenient matter. __________________ Water Act 1989 - PART 6B PART 6B DUTIES OF WATER CORPORATIONS Division 1-Customer dispute resolution Water Act 1989 - SECT 122ZG Customer dispute resolution 122ZG. Customer dispute resolution (1) A water corporation must, on or before a date determined by the Minister administering the Essential Services Commission Act 2001, enter into a customer dispute resolution scheme approved by the Essential Services Commission established under the Essential Services Commission Act 2001. (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 dispute resolution scheme the Essential Services Commission must have regard to- (a) the need to ensure that the scheme is accessible to, and that there are no cost barriers to persons using the scheme; and (b) the need to ensure that the scheme is independent of the members of the scheme; and (c) the need for the scheme to be fair and be seen to be fair; and (d) the need to ensure that the scheme will publish decisions and information about complaints received by the scheme so as to be accountable to the members of the scheme and the persons using the scheme; and (e) the need for the scheme to undertake regular reviews of its performance to ensure that its operation is efficient and effective. (4) This section only applies to a water corporation that has a water district, a sewerage district or an irrigation district. Division 2-Dividends Water Act 1989 - SECT 122ZH Dividends 122ZH. Dividends Each water corporation must pay to the State such dividend, at such time and in such manner, as is determined by the Treasurer after consultation with the board of directors of the water corporation and the Minister. Division 3-Repayment of capital Water Act 1989 - SECT 122ZI Repayment of capital 122ZI. Repayment of capital (1) The capital of a water corporation is repayable to the State at such times, and in such amounts, as the Treasurer directs in writing, after consultation with the Minister and the board of directors of the water corporation. (2) In giving a direction under this section, the Treasurer must have regard to any advice that the board of directors has given to the Treasurer in relation to the water corporation's affairs. Division 4-Annual report Water Act 1989 - SECT 122ZJ Information to be included in annual report 122ZJ. Information to be included in annual report (1) A water corporation, in its annual report for a financial year under Part 7 of the Financial Management Act 1994, must include the following information- (a) in relation to each person, who is not a natural person, who uses water supplied by the water corporation for purposes that are not farming, irrigation or domestic purposes, at a volume that is within a specified range- (i) the name of the person; and (ii) the information (if any) as to the person's participation in any water conservation program; and (b) in relation to each specified range, the number of persons to whom paragraph (a) applies who are within the range. (2) For the purposes of this section the Minister may specify one or more range or ranges of volumes. (3) In this section specified range means a range of volumes specified by the Minister under subsection (2). __________________ Water Act 1989 - PART 6C PART 6C STORAGE MANAGERS Water Act 1989 - SECT 122ZK Appointment of storage managers 122ZK. Appointment of storage managers (1) The Minister may, by instrument, appoint an Authority to carry out any of the functions under this Part in relation to any water storage or land specified in the instrument. (2) In an instrument under subsection (1) the Minister- (a) must describe the land, including any water storage, in respect of which the storage manager is to exercise functions under this Part; and (b) may specify terms and conditions to which the appointment is subject; and (c) must specify the term of the appointment. (3) Before making an appointment of an Authority under subsection (1), the Minister must consult with- (a) any other Authority that is exercising any function to which the appointment would apply on the land to be specified in the instrument of appointment; and (b) any other Authority that owns any land that is to be specified in the instrument of appointment or works on that land. Water Act 1989 - SECT 122ZL Functions of storage managers 122ZL. Functions of storage managers (1) The functions of a storage manager appointed under this Part in respect of the land to which the appointment relates are- (a) to control and manage any water storage on the land specified in the instrument of appointment and any water or works on the land so specified, in a manner that is consistent with this Act and that will maintain the water quality of any water storage on the land; (b) to carry out any other functions that are conferred on the storage manager by or under this Act or any instrument made under this Act. (2) An Authority, in performing its functions under subsection (1) must have regard to- (a) protecting the ecological values of the water systems relating to the land specified in the instrument of appointment; and (b) protecting the reliability and quality of water supply; and (c) subject to water supply needs, minimizing the impact on the environment of the carrying out of any such function and maximizing the benefit to the environment of the carrying out of any such function; and (d) developing and implementing strategies to mitigate flooding, where possible. Water Act 1989 - SECT 122ZM Management agreements for water storages 122ZM. Management agreements for water storages (1) If an Authority that has been appointed as the storage manager of any land under this Part, does not hold a proprietary interest in the whole or part of the land described in the instrument appointing the storage manager, the Authority must enter into an agreement with the owner of the land as to the management of the land. (2) An agreement under subsection (1)- (a) must be in writing; and (b) must be consistent with this Act; and (c) may be amended from time to time by further written agreement between the parties. (3) An agreement under subsection (1) must set out procedures to be followed to prevent or settle disputes concerning the management of the land specified in the instrument of appointment of the Authority that arise between the parties during the currency of the agreement, including the submission of any unresolved disputes to the Minister for a decision that is binding on the parties. Water Act 1989 - SECT 122ZN Powers for storage managers to charge fees 122ZN. Powers for storage managers to charge fees A storage manager appointed under this Part may charge a fee for a service provided by the storage manager to another Authority in carrying out its functions under this Act. __________________ Water Act 1989 - PART 7 PART 7 GENERAL POWERS Water Act 1989 - SECT 123 Powers of Authorities 123. Powers of Authorities (1) An Authority has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions, including any function delegated to it. (2) No other provision of this Act that confers a power on an Authority limits subsection (1). Water Act 1989 - SECT 124 Particular powers of Authorities 124. Particular powers of Authorities (1) The powers of an Authority that has a water supply district include the powers set out in Part 8. (2) The powers of an Authority that has a sewerage district include the powers set out in Part 9. (3) The powers of an Authority that has a waterway management district include any of the powers set out in any Division of Part 10 that applies to that Authority. (4) The powers of an Authority that has an irrigation district include the powers set out in Part 11. (5) An Authority is not obliged to perform any function conferred by this Act, unless this Act expressly provides otherwise. (6) It is a function of an Authority to construct, complete, operate and maintain any works of water supply, drainage or salinity mitigation for which funding is provided to it under any other Act or which, under any other Act, it is authorised or directed to construct, complete, operate or maintain. (7) It is a function of an Authority, subject to this Act, to supply water from its works to any person by agreement. (8) In deciding whether to make an agreement to supply water, an Authority must have regard to the matters specified in section 40(1)(b) to (m), with any necessary modifications, and to any other matter that the Authority thinks fit to have regard to. (9) The powers of an Authority include the power to require vessels to be licensed if they are used on any of its works. (10) The functions of an Authority include the carrying on within or, with the approval of the Minister, outside Victoria, of any business or activity incidental to its functions under this Act. (11) Without limiting subsection (10), the functions of an Authority include the carrying on within or, with the approval of the Minister, outside Victoria, of any business or activity that is capable of being conveniently carried on by the use of resources that are not immediately required in carrying out the Authority's functions under this Act. (12) In subsections (10) and (11) business or activity includes the provision of consultancy and project management services. Water Act 1989 - SECT 125 Accountability of Authorities 125. Accountability of Authorities An Authority must perform its functions and exercise its powers subject to any direction given by the Minister under section 307. Water Act 1989 - SECT 126 Contracts and agreements 126. Contracts and agreements (1) The power of an Authority to enter into contracts includes power to agree or contract with another Authority, a government department or any other public statutory body with respect to- (a) the exercise by the Authority and the other party of their respective functions; or (b) the carrying out or providing by either party for the other party of any works or services; or (c) the use or joint use by the Authority and the other party of their respective facilities or the services of their respective staff. (2) An Authority may, at the request of any person and at the expense of that person- (a) carry out, repair or alter any works; or (b) carry out any survey or investigation; or (c) do anything else- connected with or incidental to the functions of the Authority. (3) An Authority may, with the Minister's approval, contract to provide to any person any works or services that are not connected with or incidental to any function of the Authority. Water Act 1989 - SECT 127 Commercial ventures 127. Commercial ventures (1) An Authority may, with the approval of the Minister- (a) form or participate in the formation of a corporation, trust, partnership or other body; or (b) subscribe for or otherwise acquire, and hold and dispose of, shares in or debentures or other securities of a corporation; or (c) become a member of a company limited by guarantee; or (d) subscribe for or otherwise acquire, and hold and dispose of, units in a trust; or (e) acquire, and hold and dispose of, an interest in a partnership or other body; or (f) carry on or engage in any business transaction (whether within or outside the State) which is capable of being conducted so as directly or indirectly to benefit the Authority; or (g) enter into partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person carrying on or engaged in, or about to carry on or engage in, any business or transaction (whether within or outside the State) which is capable of being conducted so as directly or indirectly to benefit the Authority. (2) An Authority must include in its annual report a report of- (a) the activities of any body formed by or in the formation of which the Authority participates under subsection (1)(a); and (b) any business transaction carried on or engaged in by the Authority under subsection (1)(f); and (c) the activities carried out by any partnership or under any arrangement entered into by the Authority under subsection (1)(g). Water Act 1989 - SECT 128 Accident insurance 128. Accident insurance (1) An Authority may enter into a contract to insure a member of the Authority or the spouse or domestic partner of a member of the Authority against accidents arising out of or in the course of- (a) in the case of a member, the performance of his or her functions as a member; or (b) in the case of the spouse or domestic partner of a member, accompanying the member in the performance of his or her functions as a member; or (c) in the case of a member, his or her travelling by a reasonably direct route between his or her home and any other place, if the travelling is undertaken solely for the purpose of his or her performing at that other place his or her functions as a member; or (d) in the case of the spouse or domestic partner of a member, travelling with the member in the circumstances described in paragraph (c). (2) If an Authority enters into such a contract with respect to its members or the spouses or domestic partners of its members generally, each member for the time being or his or her spouse or domestic partner must individually be taken to be insured under the terms of the policy in all respects as if he or she had personally entered into a policy of accident insurance on those terms, to have effect for so long as the member concerned remains a member. (3) In this section, member, in relation to an Authority, includes member of a committee established by the Authority. Water Act 1989 - SECT 129 Intellectual property 129. Intellectual property (1) An Authority may, with the approval of the Minister- (a) apply for, obtain and hold, whether on its own behalf or jointly with any other person, any intellectual property rights; or (b) assign or grant licences in respect of those intellectual property rights, with or without charge; or (c) enter into agreements and arrangements for the commercial exploitation of intellectual property rights. * * * * * Water Act 1989 - SECT 130 Acquisition of land 130. Acquisition of land (1) An Authority may purchase or compulsorily acquire any land which is or may be required by the Authority for or in connection with, or as incidental to, the performance of its functions or the achievement of its objects. (2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose- (a) the Water Act 1989 is the special Act; and (b) the acquiring Authority is the Authority; and (c) land includes- (i) any land that- (A) is actually comprised by measurement in the land described in the Crown grant of the land; and (B) forms part of the bed and banks of a watercourse; and (C) is declared to remain the property of the Crown by section 385 of the Land Act 1958; and (ii) strata above or below the surface of land and easements and rights to use land or strata above or below the surface of land. (3) If an Authority acquires any right in the nature of an easement or purporting to be an easement, that right must be taken to be an easement even though there is no land vested in the Authority which is benefited or capable of being benefited by that right. (4) If any land to be acquired by an Authority is held by a licensee or lessee of the Crown, the Authority must notify the Department Head of its intention to acquire the land, and must include in the notice a description of the land. (5) If a Crown grant is issued to any person of the land out of which, in respect of which or over which any land or easement has been compulsorily acquired, the land or easement so acquired must be taken to be exempted from the grant, and remains vested in the Authority. (6) If any land acquired by an Authority is Crown land other than that referred to in subsection (4), the Authority must, as soon as practicable after the acquisition, notify the Department Head of the acquisition. Water Act 1989 - SECT 131 Management of Crown land 131. Management of Crown land (1) The Governor in Council may, on the recommendation of the Minister and the Minister for the time being administering the Conservation, Forests and Lands Act 1987, by Order published in the Government Gazette, declare that the Crown land specified in the Order is, subject to any conditions specified in the Order, placed under the management and control of the Authority specified in the Order. (2) The Governor in Council may, at any time and without compensation, by Order published in the Government Gazette, resume any Crown land specified in the Order that was by an Order under subsection (1) placed under the management and control of an Authority and that is required for any public purpose or for any public highway. (3) An Authority may, at any time, subject to the approval of the Governor in Council, surrender to the Crown any Crown land that was, by an Order under subsection (1), placed under the management and control of the Authority. (4) Any Crown land that is surrendered under subsection (3) becomes, by virtue of that surrender, unalienated Crown land. Water Act 1989 - SECT 132 Other dealings with land 132. Other dealings with land (1) An Authority may, for or in connection with, or as incidental to, the performance of its functions- (a) obtain a lease or licence over land; or (b) exchange any land for any other land; or (c) grant leases and licences; or (d) grant easements over its land; or (e) sell any land by public auction or public tender; or (f) in accordance with any guidelines issued by the Minister, sell any land by private treaty. (2) If the relevant water authority within the meaning of the Murray-Darling Basin Act 1993 sells by private treaty or leases any land acquired by it at or near Lake Dartmouth for or in connection with the Dartmouth township or works for the construction of Dartmouth Reservoir, it must make any payments that the Minister determines to any public statutory body towards the cost of providing or maintaining services in the land. Water Act 1989 - SECT 133 Power to enter land 133. Power to enter land (1) An officer of an Authority or an authorised person may, subject to subsection (4), enter any land for the purpose of- (a) reading a meter installed under section 142 or any corresponding previous enactment; or (b) inspecting and measuring any septic tank system; or (c) inspecting any works, or making any test, to find out whether this Act, the regulations and the by-laws of the Authority are being complied with; or (d) carrying out any other function under this Act. (2) An officer of an Authority or an authorised person may, subject to subsection (4) and after the Authority has given 7 days' notice in writing to the occupier, enter any land and carry out on that land any works that the Authority is empowered to carry out. (3) An Authority need not give the notice required by subsection (2)- (a) if the occupier consents to the entry and the carrying out of the works; or (b) in an emergency. (4) An officer or authorised person must not, despite subsections (1) and (2), enter land that is used primarily for residential purposes except between 7.30 a.m. and 6 p.m. unless- (a) the Authority has reasonable grounds for believing that this Act, the regulations or the Authority's by-laws are not being complied with by the occupier; or (b) the occupier consents. Water Act 1989 - SECT 134 Obligations in relation to entry of land 134. Obligations in relation to entry of land (1) In exercising the powers given by section 133, an officer or authorised person must- (a) cause as little harm and inconvenience as possible; and (b) not stay on the land for any longer than is reasonably necessary; and (c) remove from the land on completing the works all plant, machinery, equipment, goods or temporary buildings brought onto the land by the officer or authorised person, other than anything that the owner or occupier of the land agrees may be left there; and (d) leave the land as nearly as possible in the condition in which he or she found it; and (e) co-operate as much as possible with the owner and occupier of the land. (2) An Authority is not liable for nuisance or any other injury done, in exercising the powers given by section 133, to the land or residence of the person whose land is entered under that section. Water Act 1989 - SECT 135 Powers under Land Acquisition and Compensation Act 1986 135. Powers under Land Acquisition and Compensation Act 1986 The powers conferred by section 133 are in addition to powers conferred by the Land Acquisition and Compensation Act 1986. Water Act 1989 - SECT 136 Subdivisional easements and reserves 136. Subdivisional easements and reserves (1) If a proposal for subdivision of land is referred to an Authority under the Planning and Environment Act 1987, the Authority may require the creation of easements or reserves, or both, for the use of the Authority for any of the following purposes- (a) pipelines or ancillary purposes; (b) channels; (c) carriageways; (d) waterway management; (e) drainage. (2) The creation of an easement or a reserve for a purpose specified in subsection (1) gives the Authority for whose use it is created the rights prescribed in relation to an easement or reserve created for that purpose. Water Act 1989 - SECT 137 Works on a road 137. Works on a road Subject to the Road Management Act 2004, an Authority may- (a) in relation to a road within the meaning of the Road Management Act 2004, enter upon any public or private land or road for the purpose of carrying out any works that the Authority is empowered to carry out; and (b) temporarily close to traffic the road or any part of it, if it is necessary to do so for the carrying out of works under paragraph (a). Water Act 1989 - SECT 137A Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock 137A. Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock (1) An Authority must, when carrying out any works on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that it carries out those works safely. Penalty: 9000 penalty units. (2) A works contractor must, when carrying out works on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that he, she or it carries out those works safely. Penalty: In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. (3) An offence against subsection (1) or (2) is an indictable offence. Note However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989). (4) In this section- rail infrastructure has the same meaning as in the Rail Safety Act 2006; rolling stock has the same meaning as in the Rail Safety Act 2006; works contractor means a person engaged directly or indirectly by an Authority to carry out works on behalf of the Authority, and includes a sub-contractor. Water Act 1989 - SECT 137B Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock 137B. Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock (1) An Authority must, before carrying out works on land on which there is rail infrastructure or rolling stock, notify the owner or occupier of that land of the Authority's intention to carry out those works if the carrying out of those works will threaten, or is likely to threaten, the safety of that rail infrastructure or rolling stock. Penalty: 300 penalty units. (2) In this section- rail infrastructure has the same meaning as in the Rail Safety Act 2006; rolling stock has the same meaning as in the Rail Safety Act 2006. Water Act 1989 - SECT 137C Notification of Authorities before rail operations carried out 137C. Notification of Authorities before rail operations carried out (1) A rail operator must, before carrying out rail operations that will threaten, or are likely to threaten, the safety of an Authority's works, notify the Authority of the rail operator's intention to carry out those operations. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. (2) In this section- rail operations has the same meaning as in the Rail Safety Act 2006; rail operator has the same meaning as in the Rail Safety Act 2006. Water Act 1989 - SECT 138 Ownership of works 138. Ownership of works (1) Unless subsection (2) applies, any works- (a) that were, immediately before the commencement of this section, owned by an Authority; or (b) that are, at that commencement, in the process of being constructed by an Authority; or (c) that are, after that commencement, acquired, constructed or in the process of being constructed by an Authority- are owned by that Authority. (2) Works that are constructed by an Authority on behalf of another public body or of the owner or occupier of land are not owned by the Authority if this Act provides, or the parties agree, that the works are not owned by the Authority. Water Act 1989 - SECT 139 Abandonment of major works 139. Abandonment of major works (1) An Authority must not abandon or decommission any of its major works without the approval of the Minister. (2) The Minister may issue guidelines as to what are "major works" for the purposes of subsection (1). (3) The Minister may impose conditions on any approval given under subsection (1). (4) In respect of each proposal submitted to the Minister under section 139A, the Minister must publish notice of whether he or she has approved or refused to approve the proposal under subsection (1)- (a) in a newspaper circulating generally in the area to which the proposal relates; and (b) in the Government Gazette. Water Act 1989 - SECT 139A Submission of proposal for approval of the abandonment or decommissioning of major works 139A. Submission of proposal for approval of the abandonment or decommissioning of major works (1) An Authority which proposes to abandon or decommission any major works must submit the proposal to the Minister for approval under section 139. (2) When making a submission under subsection (1), the Authority must give to the Minister copies of all submissions it is required to consider under section 139D. Water Act 1989 - SECT 139B Notification of proposal to approve the abandonment or decommissioning of major works 139B. Notification of proposal to approve the abandonment or decommissioning of major works (1) Before making a submission under section 139A, the Authority must cause notice of the proposal to be published- (a) in a newspaper circulating generally in the area to which the proposal relates; and (b) in the Government Gazette. (2) A notice under subsection (1) must state that- (a) the Authority invites submissions on the proposal to be made to it; and (b) any submission made to the Authority must set out the grounds on which it is made; and (c) the time within which submissions on the proposal must be received by the Authority. Water Act 1989 - SECT 139C Submissions on proposal 139C. Submissions on proposal (1) An Authority that has submitted a proposal for the approval of the Minister under section 139A must, in the notice under section 139B invite submissions on the proposal. (2) Any person who is affected by the proposal may make a written submission on the proposal to the Authority. (3) A submission under subsection (2) must be received by the Authority within one month of the publication of the notice of the proposal in the Government Gazette under section 139B. Water Act 1989 - SECT 139D Authority to consider submissions 139D. Authority to consider submissions Before making a submission to the Minister under section 139A, an Authority must consider all submissions made to it on the proposal within the time specified in section 139C(3). Water Act 1989 - SECT 139E Appointment of panel by Minister 139E. Appointment of panel by Minister (1) Before making a decision under section 139, the Minister may appoint a panel of persons and refer to the panel for consideration the submission of an Authority under section 139A, and, in particular, any submissions on that submission given by the Authority to the Minister. (2) The panel appointed by the Minister must consider the submissions referred to it by the Minister and must report on that consideration to the Minister within the time specified by the Minister. Water Act 1989 - SECT 140 Preparation and inspection of plans 140. Preparation and inspection of plans (1) An Authority must make sure that plans of its districts are available for inspection at its offices. (2) Those plans- (a) must be kept up to date; and (b) must show the works of the Authority in the amount of detail that the Authority considers necessary. Water Act 1989 - SECT 141 Authority may reduce, restrict or discontinue water supply21 141. Authority may reduce, restrict or discontinue water supply21 (1) An Authority may reduce or restrict the quantity of water supplied to any person, or discontinue the supply of water to any person, if- (a) the Authority is, because of a shortage of water or for any other unavoidable cause, unable to supply the quantity of water which would otherwise be supplied to the person; or (b) the Authority reasonably believes that the reduction, restriction or discontinuance is necessary- (i) to avoid future water shortages; or (ii) because there is insufficient capacity in the distribution works of the Authority for the Authority to meet its obligations under the Act to supply and deliver water to the person; or (c) the quality of water available for supply does not meet the standards for its intended authorised use; or (d) any private works for the supply of water to the person- (i) are, in the opinion of the Authority, inadequate or not properly constructed or maintained and a notice to repair has been issued under section 150 and not complied with by the time specified or allowed under that section; or (ii) do not, in the opinion of the Authority, comply with the regulations; or (e) the person has contravened this Act, the regulations or the Authority's by-laws in relation to the misuse of water supplied to the person by the Authority; or (f) the person has contravened this Act, the regulations or the Authority's by-laws in relation to the taking of water; or (g) the person has refused entry to an authorised officer who intended to exercise powers conferred by or under this Act to investigate any suspected contravention referred to in paragraph (e) or (f); or (h) the person has refused or failed to pay any money due to the Authority for the supply or delivery of water to the person. (2) An Authority must reduce the supply of water under subsection (1)(a) or (b) to all persons in the same proportion unless the Minister is of the opinion that the circumstances are so extreme as to justify some other basis. (3) An Authority that reduces, restricts or discontinues the supply of water to a person may reduce or waive any amount of money payable to it for the supply of water to the person. (4) An Authority that restricts or discontinues the supply of water to a person under subsection (1)(d), (e), (f), (g) or (h) may charge a fee for removing the restriction or recommencing that supply. (5) An Authority may reduce or restrict the quantity of water supplied to a person or discontinue the supply of water to a person under subsection (1)(d), (e), (f), (g) or (h) if it decides that the required circumstances exist, whether or not it has been proved to the satisfaction of a court that those circumstances do exist. (6) A person may apply to the Tribunal for review of the Authority's decision to discontinue the supply of water to the person under subsection (1)(e) or (f). (7) 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 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 under section 46(5) of that Act that a statement of reasons will not be given. (8) A person is not entitled to any compensation under section 155 for anything done by an Authority under this section. Water Act 1989 - SECT 141A Circumstances in which Melbourne Water Corporation to continue water supply 141A. Circumstances in which Melbourne Water Corporation to continue water supply (1) Despite section 141, Melbourne Water Corporation must supply or continue to supply water to- (a) a retail licensee to the extent necessary to enable it to perform its functions or exercise its powers under its licence; (b) the holder of a bulk entitlement to water in Melbourne Water Corporation's works granted in accordance with the provisions of Division 1 of Part 4; (c) any other person or class of person prescribed for the purposes of this section by regulations made by the Governor in Council. (2) Despite any provision to the contrary made by or under this or any other Act, the terms and conditions on which water is supplied under subsection (1) are as agreed between Melbourne Water Corporation and the retail licensee, bulk entitlement holder or other person or, in default of agreement, as determined by the Essential Services Commission. Water Act 1989 - SECT 142 Water meters 142. Water meters (1) An Authority may- (a) provide or install, and maintain, a meter on any land to measure the amount of water supplied by the Authority to any land; and (b) position the meter on the land as it considers appropriate. (2) If an Authority believes that a meter on any land connected to its system is functioning inaccurately, the Authority may compute the quantity of water supplied to the land during a specific period- (a) by having regard to the quantity of water delivered to the land in any previous or subsequent period or periods, or the quantity of water delivered to any similar property during the period concerned; or (b) in any other way that is prescribed. (3) A meter provided or installed by an Authority remains the property of that Authority. Water Act 1989 - SECT 143 Waste and misuse of water supply22 143. Waste and misuse of water supply22 (1) A person who receives a supply of water must not- (a) after receiving a warning notice from an Authority, deliberately cause or negligently allow the water to be wasted, misused or excessively consumed; or (b) if the water is supplied by agreement for a specific purpose, use the water for a different purpose; or (c) if the water is supplied for domestic and stock purposes, use the water for a different purpose. Penalty: For a first offence, 20 penalty units or imprisonment for 3 months. For a subsequent offence, 40 penalty units or imprisonment for 6 months. For a continuing offence, an additional penalty of 5 penalty units for each day on which the offence continues- (d) after service of a notice of contravention on the person under section 151 of this Act or section 69 of the Water Industry Act 1994, as the case requires; or (e) if no notice of contravention is served, after conviction of the person for the offence. (2) In this section Authority includes licensee. Water Act 1989 - SECT 144 Serviced properties 144. Serviced properties (1) An Authority may, by notice in writing, declare any land to be a serviced property for the purposes of this Act if- (a) in the case of land within a water district, the Authority has made provision for water supply services to the land; or (b) in the case of land within a sewerage district, the Authority has made provision for sewerage services to the land; or (c) the land is within the Authority's irrigation district and the Authority has made provision for irrigation of the land or for drainage or salinity mitigation services; or (d) the land is within the Authority's waterway management district and the Authority has made provision for regional drainage or floodplain management services that are of direct benefit to that land; * * * * * (2) A notice under subsection (1) must be- (a) served on the owner of the land; and (b) published in a newspaper circulating generally in the area concerned; and (c) sent to any council that is likely to be affected. (3) An Authority must make sure that a copy of the notice is available for inspection at its offices. (4) The notice must- (a) define the locality to which it applies; and (b) in the case of land within a water district or a sewerage district, specify the services available; and (c) generally identify the properties to which the services are available, or which are within the waterway management district and which are directly benefited by regional drainage or floodplain management services provided by the Authority, or which are within the irrigation district and for which the Authority has made provision for irrigation, drainage or salinity mitigation services; and (d) fix a date on and from which the land must be taken to be a serviced property for the purposes of this Act. (5) This section does not apply to Melbourne Water Corporation. Water Act 1989 - SECT 144A Serviced property, Melbourne Water Corporation $$NSECT 144A. Serviced property, Melbourne Water Corporation For the purposes of any function of Melbourne Water Corporation under Part 10, serviced property is any land in the waterway management district of Melbourne Water Corporation- (a) that is rateable land within the meaning of the Local Government Act 1989; or (b) that is, by the operation of section 258(4), deemed to be rateable for the purposes of section 258(1). Water Act 1989 - SECT 145 Control over connections23, 24 145. Control over connections23, 24 (1) A person must not, without an Authority's consent, cause or permit- (a) any works to be connected to the works of the Authority; or (b) the alteration or removal of any works that are connected to the works of the Authority; or (c) anything to be discharged into the works of the Authority. Penalty: For a first offence, 20 penalty units or imprisonment for 3 months. For a subsequent offence, 40 penalty units or imprisonment for 6 months. For a continuing offence, an additional penalty of 5 penalty units for each day on which the offence continues- (d) after service of a notice of contravention on the person under section 151; or (e) if no notice of contravention is served, after conviction of the person for the offence. (2) An application for the Authority's consent must be made in the manner determined by the Authority, and must be accompanied by any fee fixed by by-law and any plans and other information that the Authority requires. (3) The Authority may- (a) refuse its consent; or (b) consent; or (c) consent subject to any terms and conditions it thinks fit. (4) A person who causes or permits anything referred to in subsection (1) to be done must make sure that it is done in accordance with any terms and conditions subject to which the Authority gave its consent. Penalty: For a first offence, 20 penalty units or imprisonment for 3 months. For a subsequent offence, 40 penalty units or imprisonment for 6 months. For a continuing offence, an additional penalty of 5 penalty units for each day on which the offence continues- (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 of the person for the offence. (5) Terms and conditions subject to which the Authority consents are binding on the successors in title of the person who applied for that consent. Water Act 1989 - SECT 146 Diversion into works of an Authority 146. Diversion into works of an Authority A person must not, without the consent of an Authority, divert any surface water from one catchment to another catchment from where it may drain, directly or indirectly, into any works of the Authority. Penalty: For a first offence, 20 penalty units or imprisonment for 3 months. For a subsequent offence, 40 penalty units or imprisonment for 6 months. For a continuing offence, an additional penalty of 5 penalty units for each day for which the offence continues- (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 of the person for the offence. Water Act 1989 - SECT 147 Notice to connect 147. Notice to connect (1) An Authority may, by notice to the owner of a serviced property, require the owner- (a) to connect the property to the Authority's works; or (b) to remove any existing connection between that property and the Authority's works; or (c) to carry out any work that the Authority considers necessary for the provision of the service- within the time specified in the notice, or any longer time allowed by the Authority. (2) An Authority may, by notice to the owners of a group of properties, require the owners to connect the properties by a combined connection to the Authority's works within the time specified in the notice, or any longer time allowed by the Authority. (3) A notice under subsection (1) or (2) must be served on the owner of each property required to be connected. (4) The owner of a property to which a notice applies must comply with the notice within the time specified, or any longer time allowed by the Authority. Penalty: 20 penalty units. (5) If an owner of a property to which a notice applies does not comply with the notice within the time specified, or any longer time allowed by the Authority, the Authority may- (a) do the things the owner was required by the notice to do; and (b) recover from the owner its reasonable costs of doing so, other than costs that are prescribed to be the responsibility of the Authority. (6) An Authority must not by notice under this section require an owner of property to connect the property to works of the Authority for the supply of recycled water. Water Act 1989 - SECT 148 Structures over works 148. Structures over works (1) Unless subsection (6) applies, a person must not, without an Authority's consent, cause or permit25- (a) any structure to be built, or any filling to be placed, on land over which- (i) an easement exists in favour of the Authority; or (ii) an easement exists for water supply, sewerage or drainage purposes; or (b) any structure to be built, or any filling to be placed- (i) in the case of Melbourne Water Corporation, within 5 metres laterally of any works of Melbourne Water Corporation; or (ii) in the case of any other Authority, within 1 metre laterally of any of the works of the Authority; or (c) any structure to be built above or below any area prohibited by paragraph (b); or (d) any soil, rock or other matter that supports, protects or covers any works of the Authority to be removed. Penalty: For a first offence, 20 penalty units or imprisonment for 3 months. For a subsequent offence, 40 penalty units or imprisonment for 6 months. For a continuing offence, an additional penalty of 5 penalty units for each day on which the offence continues- (e) after service of a notice of contravention on the person under section 151; or (f) if no notice of contravention is served, after conviction of the person for the offence. (2) An application for the Authority's consent must be made in the manner determined by the Authority, and must be accompanied by any plans and other information that the Authority requires. (3) The Authority may- (a) refuse its consent; or (b) consent; or (c) consent subject to any terms and conditions it thinks fit. (4) A person who, with the consent of an Authority, causes or permits anything referred to in subsection (1) to be done must make sure that the thing is done in accordance with any terms and conditions subject to which the Authority gave its consent. Penalty: For a first offence, 20 penalty units or imprisonment for 3 months. For a subsequent offence, 40 penalty units or imprisonment for 6 months. For a continuing offence, an additional penalty of 5 penalty units for each day on which the offence continues- (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 of the person for the offence. (5) Terms and conditions subject to which the Authority consents are binding on the successors in title of the person who applied for the consent. (6) Subsection (1) does not apply in respect of a road authority if it is necessary for the road authority to do anything referred to in that subsection for the purpose of constructing a road or conducting maintenance or repair works on a road. (7) For the purposes of subsection (6), the road authority is subject to any directions given to the road authority by an Authority which are reasonably necessary- (a) to ensure the safety of any works of the Authority; or (b) to prevent an interruption of the water supply. (8) Any dispute arising between a road authority and an Authority in relation to any directions given under subsection (7) is to be determined in accordance with section 125 of the Road Management Act 2004. (9) In this section- road authority has the same meaning as it has in section 3(1) of the Road Management Act 2004. Water Act 1989 - SECT 149 Removal of trees26 149. Removal of trees26 (1) An Authority may, by notice in writing, require the owner of any property to remove any tree on that property if the Authority reasonably decides that the tree is obstructing or damaging the Authority's works or that it is likely to obstruct or damage them. (2) If the tree required to be removed is not on land over which- (a) an easement exists in favour of the Authority; or (b) an easement exists for water supply, sewerage or drainage purposes- the Authority must, subject to subsection (7), pay appropriate compensation to the owner of the property in accordance with Part 5 of the Land Acquisition and Compensation Act 1986. (3) The owner may, within 7 days after receiving a notice to remove a tree, object to the Authority. (4) An Authority must take into account any objection made to it. (5) If the owner refuses or fails to comply with the notice- (a) within the time specified in the notice; or (b) if the owner has objected, within 7 days after he or she receives notice from the Authority that the objection is not upheld; or (c) within any longer time allowed by the Authority- the Authority may, after giving 21 days' notice of its intention to do so, remove the tree and recover from the owner the reasonable costs of the removal. (6) The Authority may recover from the owner the cost of any repairs to the Authority's works that are necessary to repair the damage caused by a tree that is removed by the owner or the Authority after service of a notice under subsection (1). (7) An Authority is not liable to pay compensation for the removal of a tree that is planted after the completion of the works of the Authority that are obstructed, damaged or at risk. (8) An owner may apply to the Tribunal for review of a decision by an Authority not to uphold the owner's objection to a notice to remove a tree. (9) 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 Administrative Tribunal Act 1998, the owner requests a statement of reasons for the decision, the day on which the statement of reasons is given to the owner or the owner is informed under section 46(5) of that Act that a statement of reasons will not be given. Water Act 1989 - SECT 150 Notice to repair27 150. Notice to repair27 (1) An Authority may, by notice in writing to the owner of land, require the owner to repair or carry out maintenance on, within the time specified in the notice or any longer time allowed by the Authority, any works on that land or that connect the land to the works of the Authority or that are necessary for any service provided to the land by the Authority. (1A) However, an Authority may not require an owner of land to do any repair or maintenance work that a plumbing inspector could, under Part 12A of the Building Act 1993, require a plumber to do under a rectification notice or the owner to do under a plumbing notice or order. (2) If land is connected to the works of the Authority by a combined connection, a notice to repair may be served on any or all of the owners of that land. (3) An owner on whom a notice to repair is served must comply with the notice within the time specified in it, or any longer time allowed by the Authority. Penalty: 20 penalty units. (4) If a notice to repair is not complied with within the time specified in it, or any longer time allowed by the Authority, the Authority may carry out the required repairs and recover its reasonable costs from each owner on whom the notice was served, other than costs that are prescribed to be the responsibility of the Authority. Water Act 1989 - SECT 151 Notice of contravention28 151. Notice of contravention28 (1) An Authority may, by notice in writing to a person who contravenes- (a) this Act, the regulations or the Authority's by-laws; or (b) a requirement made by the Authority under this Act; or (c) a condition of a licence issued under this Act; or (d) a prescription of an approved management plan for a water supply protection area- require that person, or the owner of any property in relation to which the contravention occurs, to take any action specified in the notice within the time (being not less than 2 days) that is specified in the notice or any longer time allowed by the Authority, to remedy the contravention. (2) A person on whom a notice of contravention is served must make sure that the notice is complied with within the time specified, or any longer time allowed by the Authority. Penalty: 20 penalty units. (3) If a notice of contravention is not complied with within the time specified or any longer time allowed by the Authority, the Authority may- (a) carry out any works and take any other action it decides is necessary to remedy the contravention, and recover its reasonable costs from the person on whom the notice was served; and (b) remove or disconnect any service to the property in relation to which the contravention occurs, and recover its reasonable costs from the person on whom the notice was served; and (c) apply to a court for an injunction restraining the person on whom the notice was served from contravening the notice. Water Act 1989 - SECT 152 Notice of intention to affect works 152. Notice of intention to affect works (1) An Authority that intends to do anything that will affect the works of another Authority or a public statutory body must, except in an emergency or with the consent of that Authority or public statutory body to a shorter period, give 14 days' notice of its intention to that other Authority or public statutory body. (2) If the other Authority or public statutory body notifies the Minister of its objection to the proposal, the matter must be resolved in accordance with section 154. (3) An Authority that, in an emergency, affects the works of another Authority or a public statutory body must, as soon as practicable after the works are affected, notify the other Authority or public statutory body. (4) This section does not apply to the closure of a road, or any part of it, under section 137. (5) In this section and in sections 153 and 154 public statutory authority includes- (a) a passenger transport company within the meaning of the Transport Act 1983; (b) a rail corporation, a tram operator or a train operator within the meaning of the Rail Corporations Act 1996. Water Act 1989 - SECT 153 Notice to alter or remove works29 153. Notice to alter or remove works29 (1) An Authority that intends to do anything that affects the works of another Authority or a public statutory body may, by notice in writing, require the other Authority or public statutory body to alter or remove those works in the way, and within the time, specified in the notice. (2) If the other Authority or public statutory body notifies the Minister of its objection to the notice, the matter must be resolved in accordance with section 154. Water Act 1989 - SECT 154 Determination of disputes30 154. Determination of disputes30 (1) The Minister may determine any dispute that arises between Authorities over a notice under section 152 or 153 and that determination is binding on the parties and is final. (2) The Minister may refer to the Governor in Council any dispute that arises between an Authority and any other public statutory body (other than another Authority) over a notice under section 152 or 153, and that determination of the Governor in Council is binding on the parties and is final. (3) A determination under this section may include the allocation or apportionment of costs. Water Act 1989 - SECT 155 Compensation for damage 155. Compensation for damage (1) An Authority must cause as little damage and inconvenience as possible in the performance of its functions. (2) An Authority is liable, unless this Act specifically provides otherwise, to compensate any person w