Victorian Consolidated Legislation

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



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   (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.