Victorian Consolidated Legislation

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.