WATER ACT 1989

Victorian Consolidated Legislation

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WATER ACT 1989

No. 80 of 1989
Version incorporating amendments as at 17 November 2011

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
8A. Traditional owner rights
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 Repealed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
33AAD. Conditions on certain 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 3AA-VICTORIAN ENVIRONMENTAL WATER
HOLDER

Division 1-Establishment of the Water Holder

33DA. Definitions
33DB. Victorian Environmental Water Holder

Division 2-Objectives, functions and powers of the Water Holder

33DC. Objectives of the Water Holder
33DD. Functions of the Water Holder
33DE. Powers of the Water Holder

Division 3-Governance of the Water Holder

33DF. Constitution of the Water Holder
33DG. Terms and conditions of appointment
33DH. Removal of Commissioners
33DI. Acting Commissioners
33DJ. Declaration of pecuniary interests
33DK. Payment of Commissioners
33DL. Meetings of the Water Holder
33DM. Staff
33DN. Consultants
33DO. Water Holder Trust Account
33DP. Delegation
33DQ. Application of Public Administration Act 2004.
33DR. Application of Financial Management Act 1994.

Division 4-Accountability of the Water Holder

33DS. Ministerial directions
33DT. Reporting requirements
33DU. Recording requirements

Division 5-Planning by the Water Holder

33DV. Preparation of corporate plan
33DW. Variation of corporate plan during operation of plan
33DX. Seasonal watering plans
33DY. Seasonal watering statements
33DZ. Water Holder may request information relating to water season

Division 6-Ministerial rules relating to Water Holder

33DZA. Ministerial rules relating to Water Holder

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. Declaration for taking of water allocation under water
share in subsequent water 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 or holder of certain other interests
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
34A. Grant of bulk entitlement
34B. Authorisation of entitlement
35. Applications for conversion of pre-existing entitlements
36. Application for bulk entitlement
37. Repealed
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 bulk entitlement by notice
46. Assignment of water allocation
46A. Further assignment of water allocation
46B. Offence to give an assignment without Ministerial approval
46C. Ministerial approval
46D. Transfer of bulk entitlement
46E. Ministerial approval for transfer
46F. Sale of bulk entitlement
46G. Effect of transfer of bulk entitlement
47. Conversion of existing entitlements
47A. Compliance with terms of bulk entitlement
47B. Minister may request application
47C. Application for conversion of licences or water shares to bulk entitlements
47CA. Minister may convert licence or water share to bulk entitlement
47CB. Effect of conversion
47D. Minister may sell unallocated water
47DA. Declaration for taking of water allocation under bulk entitlement in subsequent water season
47E. Rule making powers for bulk entitlements
48. Repealed

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
48MA. Declaration for taking of water allocation under environmental entitlement in subsequent water season
48N. Offence to give an assignment without Ministerial approval
48O. Ministerial approval
48OA. Transfer of environmental entitlement
48OB. Ministerial approval for transfer
48OC. Sale of environmental entitlement
48OD. Effect of transfer of environmental entitlement
48OE. Application for conversion of licences or water shares to environmental entitlements
48OF. Minister may convert licence or water share to
environmental entitlement
48OG. Effect of conversion
48P. Rule making powers for environmental entitlements
48PA. Applications under this Division
48PB, 48Q Repealed

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 issued under section 51 on motion of Minister
59A. Amendment of licence issued under section 51 on application
of licence holder
59B. Procedure applying to application
59C. Ministerial consideration of application
60. Revocation of licence
61. Surrender of licence
61A. Cancellation of licence where water share obtained in
declared water system
62. Transfer of licence
62A. Declaration for taking of water under a licence in subsequent water season
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. Repealed

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

64APAA. Definition
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 1A-Minister's functions

84EA. Functions of Minister as to water register

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 ownership or holding
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. Method of giving 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. Repealed

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. Repealed

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. Preparation of regional waterway strategies
191. Approval of regional waterway strategies
192. Variation of regional waterway strategies during operation of strategy
192A. Seasonal watering proposals
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
197A. Ministerial rules for regional waterway strategies and seasonal proposals

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 the Minister in enforcing certain Parts of this Act
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. Repealed
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
334. Certificate as to land taken over by another body
__________________
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
SCHEDULE 4-Transitional Arrangements Water Amendment (Victorian Environmental Water Holder)
Act 2010.
1. Definition
2. Bulk entitlements
3. Environmental entitlements
4. Take and use licences
5. Water shares
6. Amendment of entitlements
7. Ministerial determination
SCHEDULE 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
13, 14-Repealed
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

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