Victorian Consolidated Legislation

Water Act 1989 - SECT 3

Definitions

3. Definitions



(1) In this Act-



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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;

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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;



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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;

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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);

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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;

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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;







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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;



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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;



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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;



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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

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   (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.

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