WATER INDUSTRY ACT 1994

Victorian Consolidated Legislation

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WATER INDUSTRY ACT 1994

No. 121 of 1994
Version incorporating amendments as at 29 February 2008

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Crown to be bound

PART 1A-REGULATION OF REGULATED WATER
INDUSTRY

4A. Definitions
4B. Application of Essential Services Commission Act 2001.
4C. Objectives of the Commission
4D. Water Industry Regulatory Order
4E. Other regulatory powers
4F. Codes
4G. Provision of information to the Commission
4H. Costs of Commission under this Part 4I. Statement of Obligations

PART 2-THE LICENSING SYSTEM

Division 1-Licences

5. Application for licence
6. Determination of application
7. Provisions relating to licences
8. Statement of Obligations
9. Customer dispute resolution
10. Licence charge
11. Area of licence
11A. Repealed
12. Variation or revocation of licence
12A, 12B Repealed
13. Gazettal requirement
14. Licence not transferable
15. Transitional provision
16. Licensees not to represent Crown
17, 18. Repealed

Division 2-Repealed

19-21. Repealed

Division 3-Financial provisions

21A. Repealed
22. Fees and charges
23. Liability of occupier
24. Liability of owners corporation
25. Exemptions from charges
26. Concessions etc. in respect of usage charges
27. Licensee may require payment
28. Contributions for increased services
29. Payments for provision of services
30. Review of required payments
31. When payment is due
32. Payment to licensees
33. Application of payments made to licensee
34. Repealed
35. Adjustments in respect of first billing period

Division 4-Supervision and enforcement

36. Definitions
37. Appointment of inspectors
38. Searches to monitor licensee compliance
39. Occupier to be given copy of consent
40. Use of equipment to examine or process things
41. Use or seizure of electronic equipment at premises
42. Copies to be given
43. Return of seized things
44. Magistrates' Court may extend period
45. Power of inspector to require information or documents
46. Copying of documents
47. Protection against self-incrimination
48. Samples
49. Evidentiary certificates

Division 5-Regulations

50. Regulations
51. Regulations about water supply
52. Regulations about trade waste
53. Regulations about private works

PART 3-FUNCTIONS, OBLIGATIONS AND POWERS OF LICENSEES

Division 1-General

54. This Part subject to licence conditions
55. Acquisition of land
55A. Easements
56. Management of Crown land
57. Surrender or transfer of land
58. Power to enter land
59. Obligations in relation to entry of land
60. Offence of obstructing etc. licensee's employees etc.
60A. Repealed
61. Subdivisional easements and reserves
62. Works on a road
62A. Safety duties in relation to works on or in immediate vicinity
of rail infrastructure or rolling stock
62B. Notification of owners or occupiers of land on which there is
rail infrastructure or rolling stock
62C. Notification of licensees before rail operations carried out
63. Control over connections
64. Serviced properties
65. Notice to property owners
65A. System access
66. Structures over works
67. Removal of trees
68. Notice to repair
69. Notice of contravention
70. Notice of intention to affect works
71. Notice to alter or remove works
72. Determination of disputes
73. Compensation for damage
74. Liability of licensees arising out of flow of water
74A. Jurisdiction of Tribunal
74B. Matters to be taken into account in determining whether flow is reasonable or not reasonable
75. Information statements
76. Repealed
77. Separate accounts and records to be kept
77A. Annual report of certain information to be given to Minister
and tabled
78. Reporting requirements

Division 1A-Drought response plans and emergency management plans

78A. Application of this Division
78B. Preparation and adoption of plans
78C. Variation of plan
78D. Emergency
78E. Major deviations from plan
78F. Copy of plan
78G. Implementation of plan
78H. Contravention of plan
78HA. Power to serve an infringement notice

Division 1B-Permanent water saving plan

78I. Application of this Division
78J. Preparation and adoption of plan
78K. Variation of plan
78L. Major deviations from plan
78M. Copy of plan
78N. Implementation of plan
78O. Contravention of plan
78OA. Power to serve an infringement notice
78P. Inconsistency

Division 2-Water licence

79. Application of this Division
80. Functions of licensee
81. Water for fire-fighting and cleaning sewers and drains
82. Power to enter land for water supply protection
83. Immediate action for water supply protection in an
emergency
84. Notice of contravention for water supply protection
85. Licensee may reduce or restrict water supply
86. Licensee may send water into waterway etc.
87. Maps of works
88. Provision of maps to councils

Division 3-Water and sewerage licence

89. Application of this Division
90. Functions of licensee
91. Application of Division 2.
92. Testing etc. of waste
93. Protection of sewers
94. Enforcement of agreement
95. New works

Division 4-Drainage services licence

96. Application of this Division
97. Functions of licensee
98. Agreements for construction of drainage works
99. Application of liability provisions

Division 5-Sewage treatment licence

100. Application of this Division
101. Functions of licensee
102. Protection of sewage treatment system

Division 6-Water headworks licence

103. Application of this Division
104. Functions of licensee
105. Who may licensee supply with water?
106. Application of certain provisions of Division 2.

PART 4-LAND MANAGEMENT AND RATING POWERS

Divisions 1-3-Repealed

107-131. Repealed

Division 4-Powers with respect to land

132. Power of Secretary to enter into management agreements
133-135. Repealed
135A. Grant of licences for jetties etc.
135B. Repealed
136. Management of reservoir parks land
137. Transfer of lease and licence of reservoir parks to the State
138. Repealed

Division 5-Financial provisions

139. Power to make and levy rates
140. Rates to be recovered from owner
141. Remission etc. of payment of rates
142. Agreement with licensee with respect to rate collection
143. Rate collection by metropolitan companies
144, 145. Repealed

Division 6-Miscellaneous

146. Repealed
147. Powers of authorised officers
148. Repealed
149. Regulations

Division 7-Repealed

150-153. Repealed

PART 4A-PARKS AND RESERVES TRUST ACCOUNT

153A. Parks and Reserves Trust Account

PART 5-TRANSFER OF ASSETS, LIABILITIES AND
STAFF OF MELBOURNE WATER CORPORATION

Division 1-Definitions

154. Definitions

Division 2-Allocation of property

155. Minister may direct Melbourne Water Corporation to
transfer property
156. Certificate of chief executive officer

Division 3-Transfer of property

157. Property transferred to nominee
158. Allocation of property etc. subject to encumbrances
159. Value of former Melbourne Water property
160. Substitution of party to agreement
161. Melbourne Water instruments
162. Proceedings
163. Interests in land
164. Amendment of Register
165. Taxes
166. Evidence
167. Validity of things done under this Act

Division 4-Financial obligations of Melbourne Water
Corporation

168. Financial obligations of Melbourne Water Corporation
169. Company licensees to make payments to Melbourne Water Corporation
170. Payments in respect of financial obligations

Division 5-Rights as between transferees

171. Interim arrangements

Division 6-Staff

172. List of Melbourne Water Corporation staff
173. Transfer of Melbourne Water Corporation staff
174. Future terms and conditions of transferred employees
175. Repealed

PART 6-GENERAL

175A. Vesting in Crown of bed, banks and soil of certain
watercourses
176. Power of Minister to delegate
176A. Notice of disposition of land
177. General evidentiary provisions
177A. Use of analyst's certificate in prosecutions
177B. Authentication of documents
177C. Discharges into works etc.
178. Offences by bodies corporate
179. Prosecutions
180. Service of documents on a licensee
181. Service of documents by a licensee
182. Treasurer may give guarantee
183. Trade Practices Act 1974 of the Commonwealth
183A. Supreme Court-limitation of jurisdiction
184. Regulations
185. Savings and transitionals

PART 6A-APPOINTMENT OF AND POWERS OF AUTHORISED WATER OFFICERS

Division 1-Authorised water officers

185A. Appointment of authorised water officers
185B. Identification of authorised water officers
185C. Offence to impersonate authorised water officer

Division 2-Powers of authorised water officers

185D. Power to require person to state name and address

PART 7-TRANSITIONAL PROVISIONS

186. Transitional provision for Melbourne Parks and Waterways
187. Continued operation of jetty and mooring licences

PART 8-WATTLE PARK LAND

188. Repeal of the Wattle Park Land Act 1991.
189. Surrender and reservation of Wattle Park Land
190. Saving of rights

PART 9-ENVIRONMENTAL CONTRIBUTIONS

Division 1-Definitions

191. Definitions

Division 2-Environmental contributions

192. Obligation to pay environmental contributions for the
period from 1 October 2004 to 30 June 2008.
193. Obligation to pay environmental contributions for periods from 1 July 2008.
194. Purpose for the collection of contributions
195. Annual Report
196. Review of the operation of this Part 197-206 Repealed
207-215 Repealed
__________________
SCHEDULE 1-Land Exempt from Charges and Rates
SCHEDULE 2-Savings and Transitionals
1. New and restructured Authorities
2. By-laws
3. Metropolitan Improvement Rate
4. Metropolitan drainage and waterways
5. Floodplain management
6. MWC directors
SCHEDULE 3-Wattle Park Land
SCHEDULE 4-Table of Environmental Contributions from 1 October 2004 to 30 June 2008.
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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