Victorian Consolidated Legislation

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.