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PARLIAMENT OF VICTORIA
Water Amendment (Governance and Other
Reforms) Bill 2012
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF THE WATER ACT 1989 3
3 Definitions 3
4 Unauthorised taking or use of water 6
5 Protection from liability 6
6 Matters to be taken into account with respect to public works 7
7 Establishment of certain metropolitan water corporations 7
8 Repeal of First Mildura Irrigation Trust provisions 7
9 Board of directors 7
10 Appointment of members of board of directors 8
97 Appointment of members of board of directors 8
11 Terms and conditions of appointment 9
12 Section 101 substituted 9
101 Removal from office of member of the board of
directors 9
13 Section 104 substituted 10
104 Chairperson 10
14 Allowances 11
15 New Division 1AA inserted 12
122GAA Ministerial determination of water or sewerage
districts 12
122GAB Variation or abolition of district 13
122GAC Procedural requirements before making
determination 14
122GAD Considerations in making determination 14
571108B.I-28/2/2012 i BILL LA INTRODUCTION 28/2/2012
Clause Page
16 New Division 1A inserted 14
Division 1A--Continuation of water and sewerage
districts for metropolitan water corporations 14
122IA Districts of City West Water Corporation 14
122IB Districts of South East Water Corporation 15
122IC Districts of Yarra Valley Water Corporation 16
17 Section 122L substituted 18
122L Non application of this Division 18
18 Repeal of provisions as to areas of interest 18
19 Section 122X substituted 18
122X Non application of this Division 18
20 Power to enter land 19
21 Obligations in relation to entry to land 20
22 Discontinuance etc. of water supply 20
23 Circumstances in which Melbourne Water Corporation to
continue supply of water 21
24 Waste and misuse of water supply 21
25 Control over connections 21
26 Notice to connect 22
27 Liability arising out of a flow of water 24
28 Reference to areas of interest repealed 24
29 Insertion of new sections after section 159 24
159A Requirement to make emergency management plan 24
159B Variation of plan 25
159C Publication and effect of plan 25
159D Review of plan at request of Minister 25
159E Emergency 25
30 Fire plugs and free water 26
31 Section 170 repealed 26
32 Variation of plan 26
33 Penalties for water restrictions or prohibitions on water use 27
34 Repeal of reference to area of interest 27
35 Designated waterways, land or works--Melbourne Water
Corporation 27
36 Closing of access by Authorities 27
37 Works that interfere with designated land or works 28
38 Control over connections and discharges 28
39 Control over diversion of drainage water 28
40 Insertion of new section after section 263 28
263A Liability of owners corporation or lot owners for fees
for services supplied to subdivision 28
41 Substitution of sections 273A and 273B 31
273A Liability of occupier 31
273B Vacation of property 32
42 Circumstances in which amount owed to Authority is a charge
on property 34
571108B.I-28/2/2012 ii BILL LA INTRODUCTION 28/2/2012
Clause Page
43 New section 274A inserted 34
274A Application of payments made to metropolitan water
corporations 34
44 Repeal of certain provisions relating to unpaid fees etc. 35
45 Interest on unpaid money 35
46 Agreements with respect to collection of fees under tariffs 36
47 Transfer of property etc., definitions 36
48 Transfer proposal 36
49 Substitution of reference to licensee 37
50 Authorities required to use certain procedures when making
by-laws 37
51 Offence as to interfering with property 37
52 Offence as to taking etc. water 38
53 Repeal of reference to licensee 38
54 Appointment of authorised water officers 38
55 New sections inserted after section 291D 38
291E Entry with warrant 38
291F Announcement before entry 41
291G Details of warrant to be given to occupier 41
291H Seizure of things not named in the warrant 42
56 New section 292AA inserted 43
292AA Interpretation 43
57 Powers of authorised water officers 43
58 Prosecutions 43
59 Civil remedies not affected by bringing of proceeding 43
60 Repeal of reference to area of interest 43
61 New section inserted after section 303 44
303A Issues of evidence and proof 44
62 Incorporation of documents in certain instruments 45
63 Repeal of spent provision 45
64 Officers appointed or transferred to Authorities 46
65 Regulations 46
66 Repeal of spent provision 49
67 New sections inserted after section 330A 49
330B Effect of Schedule 17 49
330C Corporations Act displacement provision 49
68 New Schedule inserted after Schedule 1 50
Schedule 1A--Metropolitan Water Corporations--
Old Licensees Under The Water
Industry Act 1994 50
69 New Schedule inserted after Schedule 16 51
Schedule 17--Transitional Arrangements--Water
Amendment (Governance and Other
Reforms) Act 2012 51
571108B.I-28/2/2012 iii BILL LA INTRODUCTION 28/2/2012
Clause Page
PART 1--PRELIMINARY 51
1 Definitions 51
PART 2--REVOCATION OF LICENCES 52
2 Revocation of licences 52
PART 3--GENERAL TRANSITIONAL PROVISIONS
ON CESSATION OF OLD LICENSEES 52
3 Directors 52
4 References to old licensees 54
5 General transfer of assets and liabilities etc. 54
6 Amendment of Register 55
7 Fees and charges for services provided by old
licensees 56
8 Staff transferred 58
9 Land acquired compulsorily by Minister 59
10 Works 59
11 Serviced property 59
12 Authorised persons 61
13 Customer dispute resolution 61
14 Management of Crown land 61
15 Power to enter land 61
16 Subdivisional easements and reserves 62
17 Notifications as to rail works 62
18 Control over connections 63
19 Notice to property owners 63
20 Structures over works 64
21 Removal of trees 64
22 Notice to repair 65
23 Notice of contravention 65
24 Notice of intention to affect works 65
25 Notice to alter or remove works 66
26 Determination of disputes 66
27 Jurisdiction of Tribunal 66
28 Information statements 66
29 Permanent water saving plans 67
30 Water for fire-fighting and cleaning sewers and
drains 67
31 Notice of contravention for water supply protection 67
32 New works 67
33 Notices of disposition of land 68
34 Trade waste agreements 68
35 Water meters 68
571108B.I-28/2/2012 iv BILL LA INTRODUCTION 28/2/2012
Clause Page
PART 4--TRANSITIONAL PROVISIONS FOR OTHER
AMENDMENTS TO THIS ACT 69
36 Saving of certain out of district agreements 69
37 Areas of interest 69
38 Emergency management plans 70
39 Disposal of property for unpaid fees etc. 70
40 Business or activity outside Victoria 70
41 Authority may require occupier to pay rent to it 70
42 Approval of analysts 71
43 Constitution of existing water corporations 71
PART 3--AMENDMENT OF THE WATER INDUSTRY
ACT 1994 72
70 Definitions 72
71 Definitions 72
72 Codes 74
73 Statement of Obligations 75
74 Repeal of licensing system 75
75 Repeal of provisions relating to functions, obligations and
powers of licensees 75
76 Sections 142 and 143 substituted 75
142 Agreement with metropolitan water corporation with
respect to rate collection 75
143 Rate collection by metropolitan water corporations 76
77 Repeal of sections 176 and 176A 76
78 Repeal of sections 177B and 177C 76
79 Repeal of sections 180 to 183A 76
80 Repeal of Part 6A 76
81 Definition of water supply authority 76
82 Insertion of new Part 10 77
PART 10--TRANSITIONAL PROVISIONS 77
197 Definitions 77
198 Statement of Obligations 77
199 Rate collection by metropolitan water corporations 78
200 Regulations 78
PART 4--MISCELLANEOUS AMENDMENT OF OTHER ACTS 79
83 Amendment of the Building Act 1993 79
84 Amendment of the Crown Land (Reserves) Act 1978 79
85 Amendment of the Environment Protection Act 1970 80
86 Amendment of the Fisheries Act 1995 80
87 Amendment of the Geothermal Energy Resources Act 2005 80
88 Amendment of the Greenhouse Gas Geological
Sequestration Act 2008 80
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Clause Page
89 Amendment of the Health (Fluoridation) Act 1973 81
90 Amendment of the Limitation of Actions Act 1958 81
7AB No title by adverse possession against water
authorities 81
91 Amendment of Melbourne City Link Act 1995 81
92 Amendment of the Mineral Resources (Sustainable
Development) Act 1990 81
93 Amendment of the Petroleum Act 1998 82
94 Amendment of the Residential Tenancies Act 1997 82
95 Amendment of the Safe Drinking Water Act 2003 83
PART 5--REPEAL OF AMENDING ACT 84
96 Repeal of amending Act 84
ENDNOTES 85
571108B.I-28/2/2012 vi BILL LA INTRODUCTION 28/2/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Water Amendment (Governance and
Other Reforms) Bill 2012
A Bill for an Act to repeal provisions relating to the licensing system
in the Water Industry Act 1994 and to make consequential and other
amendments to that Act, to provide for metropolitan water
corporations under the Water Act 1989 and to make consequential
and other amendments to that Act and other Acts and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Water Act 1989 to provide for
5 metropolitan water corporations and to make
consequential and other amendments to that
Act; and
571108B.I-28/2/2012 1 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 1--Preliminary
s. 2
(b) to amend the Water Industry Act 1994 to
repeal certain Parts of that Act relating to the
licensing system and to make consequential
and other amendments to that Act; and
5 (c) to make consequential and other
amendments to those Acts and other Acts.
2 Commencement
(1) Subject to subsection (2) this Act comes into
operation on a day or days to be proclaimed.
10 (2) If a provision of this Act does not come into
operation before 1 July 2013, it comes into
operation on that day.
__________________
571108B.I-28/2/2012 2 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 3
PART 2--AMENDMENT OF THE WATER ACT 1989
3 Definitions
(1) Insert the following definitions in section 3(1) of See:
Act No.
the Water Act 1989-- 80/1989.
Reprint No. 10
5 "emergency management plan means a plan as at
1 January
made or remade under section 159A, 159B 2010
or 159D, whether or not the plan is and
amending
subsequently amended or varied; Act Nos
50/2010,
metropolitan water corporation means a water 29/2011,
10 corporation established by section 85(1A); 50/2011 and
63/2011.
non-metropolitan water corporation means a LawToday:
www.
water corporation that is not Melbourne legislation.
Water Corporation or a metropolitan water vic.gov.au
corporation;".
15 (2) In section 3(1) of the Water Act 1989--
(a) for the definition of sewerage district
substitute--
"sewerage district in relation to a water
corporation, means--
20 (a) any district determined by the
Minister under Division 1AA of
Part 6A to be the sewerage district
of the corporation and (where the
case so requires) any such district
25 as varied under that Division; or
(b) in the case of--
(i) a non-metropolitan water
corporation--
(A) any district that the
30 corporation is deemed
to have as a sewerage
district under
Division 1 of Part 6A,
and (where the case so
571108B.I-28/2/2012 3 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 3
requires) any such
district as extended or
changed under
Division 3 or 4 of
5 Part 6A; and
(B) any district that is
declared to be a
sewerage district of the
corporation under
10 Division 3 of Part 6A,
and (where the case so
requires) any such
district as extended or
changed under
15 Division 3 or 4 of
Part 6A--
if the Minister has not made
a determination under
Division 1AA of Part 6A in
20 relation to the district; and
(ii) a metropolitan water
corporation, any sewerage
district that the corporation
is taken to have under
25 Division 1A of Part 6A, if
the Minister has not made a
determination under
Division 1AA of Part 6A in
relation to that district;";
30 (b) for the definition of water district
substitute--
"water district in relation to a water
corporation, means--
571108B.I-28/2/2012 4 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 3
(a) any district determined by the
Minister under Division 1AA of
Part 6A to be the water district of
the corporation and (where the
5 case so requires) any such district
as varied under that Division; or
(b) in the case of--
(i) a non-metropolitan water
corporation--
10 (A) any district that the
corporation is deemed
to have as a water
district under
Division 1 of Part 6A,
15 and (where the case so
requires) any such
district as extended or
changed under
Division 3 or 4 of
20 Part 6A; and
(B) any district that is
declared to be a water
district of the
corporation under
25 Division 3 of Part 6A,
and (where the case so
requires) any such
district as extended or
changed under
30 Division 3 or 4 of
Part 6A--
if the Minister has not made
a determination under
Division 1AA of Part 6A in
35 relation to the district; and
571108B.I-28/2/2012 5 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 4
(ii) a metropolitan water
corporation, any water
district that the corporation
is taken to have under
5 Division 1A of Part 6A, if
the Minister has not made a
determination under
Division 1AA of Part 6A in
relation to that district;".
10 (3) In section 3(1) of the Water Act 1989--
(a) the definition of area of interest is repealed;
(b) the definitions of First Mildura Irrigation
Trust, Latrobe Valley, licensee and
Yallourn works area are repealed;
15 (c) in the definition of private dam, in paragraph
(b) omit "or a licensee";
(d) in the definition of trade waste, after
paragraph (a) insert--
"(ab) any other matter that is prescribed by
20 regulations made under this Act to be
trade waste; or".
(4) Section 3(2) of the Water Act 1989 is repealed.
4 Unauthorised taking or use of water
In section 15(2) of the Water Act 1989, for
25 "regulations made under section 50(d) of the
Water Industry Act 1994" substitute
"regulations made under section 324 of this Act".
5 Protection from liability
In section 17(2) of the Water Act 1989--
30 (a) after "Part 8," insert "Part 9,";
(b) omit "or of a licensee in the exercise of a
function under its licence".
571108B.I-28/2/2012 6 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 6
6 Matters to be taken into account with respect to
public works
In section 21 of the Water Act 1989 omit
", a licensee".
5 7 Establishment of certain metropolitan water
corporations
After section 85(1) of the Water Act 1989
insert--
"(1A) There are established water corporations
10 each of which is to be known by a name set
out in an item in Column 1 of the Table in
Schedule 1A.".
8 Repeal of First Mildura Irrigation Trust provisions
(1) Sections 22(5), 87(3), 95(2) and 324A of the
15 Water Act 1989 are repealed.
(2) In section 95(1) of the Water Act 1989, for
"Subject to subsection (2), each" substitute
"Each".
(3) Item 6 of Schedule 1 to the Water Act 1989 is
20 repealed.
(4) Schedule 6 to the Water Act 1989 is repealed.
9 Board of directors
(1) For section 95(1)(a) of the Water Act 1989
substitute--
25 "(a) not less than 2 and not more than 9 directors
appointed by--
(i) in the case of Melbourne Water
Corporation and each metropolitan
water corporation, the Minister in
30 consultation with the Treasurer; or
(ii) in the case of a non-metropolitan water
corporation, the Minister; and".
571108B.I-28/2/2012 7 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 10
(2) For section 95(3) of the Water Act 1989
substitute--
"(3) For the purposes of subsection (1)(a)--
(a) in the case of Melbourne Water
5 Corporation and each metropolitan
water corporation, the Minister, in
consultation with the Treasurer, may,
from time to time by instrument,
determine the number of directors for
10 the water corporation; or
(b) in the case of each non-metropolitan
water corporation, the Minister may,
from time to time by instrument,
determine the number of directors for
15 the water corporation.".
10 Appointment of members of board of directors
For section 97 of the Water Act 1989
substitute--
"97 Appointment of members of board of
20 directors
(1) In appointing persons to be members of the
board of directors of Melbourne Water
Corporation or a metropolitan water
corporation, the Minister, in consultation
25 with the Treasurer, must ensure that each
person so appointed has qualifications and
experience that are relevant to the operations
of the water corporation.
(2) In appointing persons to be members of the
30 board of directors of a non-metropolitan
water corporation, the Minister must ensure
that each person so appointed has
qualifications and experience that are
relevant to the operations of the water
35 corporation.".
571108B.I-28/2/2012 8 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 11
11 Terms and conditions of appointment
For section 98(1)(b) of the Water Act 1989
substitute--
"(b) subject to this section--
5 (i) in the case of Melbourne Water
Corporation and each metropolitan
water corporation, on the terms and
conditions that are determined by the
Minister in consultation with the
10 Treasurer; and
(ii) in the case of each non-metropolitan
water corporation, on the terms and
conditions that are determined by the
Minister.".
15 12 Section 101 substituted
For section 101 of the Water Act 1989
substitute--
"101 Removal from office of member of the
board of directors
20 (1) In the case of Melbourne Water Corporation
and each metropolitan water corporation, the
Minister in consultation with the Treasurer
may at any time remove a person from the
office of member of the board of directors of
25 the water corporation (other than the
managing director).
(2) In the case of each non-metropolitan water
corporation, the Minister may at any time
remove a person from the office of member
30 of the board of directors of the water
corporation (other than the managing
director).
571108B.I-28/2/2012 9 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 13
(3) In the case of Melbourne Water Corporation
and each metropolitan water corporation, the
Minister in consultation with the Treasurer,
must remove a person from the office of
5 member of the board of directors (other than
the managing director) if the member--
(a) is found guilty of such an offence that
the Minister in consultation with the
Treasurer, is satisfied may affect the
10 member's ability to carry out the duties
of his or her office as member; or
(b) fails without reasonable cause to
disclose any interest under section 109.
(4) In the case of each non-metropolitan water
15 corporation, the Minister must remove a
person from the office of member of the
board of directors (other than the managing
director) if the member--
(a) is found guilty of such an offence that
20 the Minister is satisfied may affect the
member's ability to carry out the duties
of his or her office as member; or
(b) fails without reasonable cause to
disclose any interest under
25 section 109.".
13 Section 104 substituted
For section 104 of the Water Act 1989
substitute--
"104 Chairperson
30 (1) In the case of Melbourne Water Corporation
and each metropolitan water corporation, the
Minister in consultation with the Treasurer
must appoint a member of the board of
directors appointed under section 95(1)(a) to
35 be the chairperson of the water corporation.
571108B.I-28/2/2012 10 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 14
(2) In the case of a non-metropolitan water
corporation, the Minister must appoint a
member of the board of directors appointed
under section 95(1)(a) to be the chairperson
5 of the water corporation.".
14 Allowances
For section 117(2) and (3) of the Water Act 1989
substitute--
"(2) In the case of Melbourne Water Corporation
10 and each metropolitan water corporation, the
amounts of any remuneration and allowances
paid by the water corporation must not
exceed the amounts fixed by the Minister in
consultation with the Treasurer in respect of
15 that water corporation.
(3) The amounts fixed by the Minister in
consultation with the Treasurer under
subsection (2) may vary between water
corporations.
20 (3A) In the case of each non-metropolitan water
corporation, the amounts of any
remuneration and allowances paid by the
water corporation must not exceed the
amounts fixed by the Minister in respect of
25 that water corporation.
(3B) The amounts fixed by the Minister under
subsection (3A) may vary between water
corporations.".
571108B.I-28/2/2012 11 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 15
15 New Division 1AA inserted
After the heading to Part 6A of the Water Act
1989 insert--
"Division 1AA--Determination of water or
5 sewerage districts for water corporations
122GAA Ministerial determination of water or
sewerage districts
(1) The Minister may determine a water district
or sewerage district for a water corporation.
10 (2) A water district or sewerage district specified
in a determination of the Minister under
subsection (1) must be specified by reference
to a plan or plans lodged at the central plan
office.
15 (3) A determination of the Minister under
subsection (1) must be published in the
Government Gazette.
(4) A determination takes effect from the date
specified in the determination which must be
20 no earlier than the date of publication of the
determination.
(5) Despite any other provision of this Act, on
the taking of effect of a determination under
subsection (1) of a water district, any other
25 water district that the corporation had
immediately before the taking of effect of the
determination, that is not specified in the
determination, is taken to be replaced by the
water district determined by the Minister.
30 (6) Despite any other provision of this Act, on
the taking of effect of a determination under
subsection (1) of a sewerage district, any
other sewerage district that the corporation
had immediately before the taking of effect
35 of the determination, that is not specified in
571108B.I-28/2/2012 12 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 15
the determination, is taken to be replaced by
the sewerage district determined by the
Minister.
122GAB Variation or abolition of district
5 (1) The Minister may, by determination, vary or
abolish a water district or sewerage district
that the Minister has determined under
section 122GAA, or that is otherwise in
existence by the operation of this Part.
10 (2) A determination of the Minister under
subsection (1) must be published in the
Government Gazette.
(3) A determination takes effect from the date
specified in the determination which must be
15 no earlier than the date of publication of the
determination.
(4) Despite any other provision of this Act, on
the taking of effect of a determination under
subsection (1)--
20 (a) of a variation of a water district, the
water district that the corporation had
immediately before the taking of effect
of the determination is varied as
determined by the Minister; or
25 (b) of the abolition of a water district, that
water district is abolished.
(5) Despite any other provision of this Act, on
the taking of effect of a determination under
subsection (1)--
30 (a) of a variation of a sewerage district, the
sewerage district that the corporation
had immediately before the taking of
effect of the determination is varied as
determined by the Minister; or
571108B.I-28/2/2012 13 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 16
(b) of the abolition of a sewerage district,
that sewerage district is abolished.
122GAC Procedural requirements before making
determination
5 Before making a determination under this
Division the Minister--
(a) must consult with the water corporation
whose district is to be determined,
varied or abolished; and
10 (b) must consult with any water
corporation whose district is or may be
affected by the proposed determination;
and
(c) may consult with any other person, as
15 the Minister considers fit.
122GAD Considerations in making determination
In making a determination under this
Division, the Minister must have regard to--
(a) any submission received in the course
20 of any consultation under section
122GAC; and
(b) the public interest.".
16 New Division 1A inserted
After Division 1 of Part 6A of the Water Act
25 1989 insert--
"Division 1A--Continuation of water and
sewerage districts for metropolitan water
corporations
122IA Districts of City West Water Corporation
30 (1) The land shown delineated on the plans
lodged in the central plan office, the numbers
of which are set out in the Table to this
571108B.I-28/2/2012 14 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 16
subsection, is taken to be the water district of
City West Water Corporation.
Table
LEGL./94-47, LEGL./94-48, LEGL./94-54,
LEGL./94-55, LEGL./94-56, LEGL./94-57,
LEGL./94-58, LEGL./94-59, LEGL./94-60,
LEGL./94-61, LEGL./94-62, LEGL./94-63,
LEGL./94-64, LEGL./94-65, LEGL./94-66,
LEGL./94-67, LEGL./94-68, LEGL./94-69,
LEGL./98-35, LEGL./98-36, LEGL./03-110,
LEGL./03-111, LEGL./03-112, LEGL./03-113,
LEGL./03-114, LEGL./03-115 and LEGL./03-124.
(2) The land shown delineated on the plans
5 lodged in the central plan office, the numbers
of which are set out in the Table to this
subsection, is taken to be the sewerage
district of City West Water Corporation.
Table
LEGL./94-71, LEGL./94-72, LEGL./94-73,
LEGL./94-79, LEGL./94-80, LEGL./94-81,
LEGL./94-82, LEGL./94-83, LEGL./94-84,
LEGL./94-85, LEGL./94-86, LEGL./94-87,
LEGL./94-88, LEGL./94-89, LEGL./94-90,
LEGL./94-91, LEGL./94-92, LEGL./94-93,
LEGL./94-94, LEGL./03-116, LEGL./03-119,
LEGL./03-120, LEGL./03-121, LEGL./03-122,
LEGL./03-123, LEGL./03-125.
10 122IB Districts of South East Water Corporation
(1) The land shown delineated on the plans
lodged in the central plan office, the numbers
of which are set out in the Table to this
subsection, is taken to be the water district of
15 South East Water Corporation.
571108B.I-28/2/2012 15 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 16
Table
LEGL./94-212, LEGL./94-213, LEGL./94-214,
LEGL./94-215, LEGL./94-216, LEGL./94-217,
LEGL./94-218, LEGL./94-219, LEGL./94-220,
LEGL./94-221, LEGL./94-222, LEGL./94-223,
LEGL./94-224, LEGL./94-225, LEGL./94-226,
LEGL./94-227, LEGL./94-228, LEGL./94-229,
LEGL./94-230, LEGL./94-231, LEGL./94-232,
LEGL./94-233, LEGL./94-234, LEGL./94-235,
LEGL./94-236, LEGL./94-237, LEGL./94-238,
LEGL./94-239, LEGL./94-240, LEGL./94-241,
LEGL./94-242, LEGL./94-243, LEGL./94-244.
(2) The land shown delineated on the plans
lodged in the central plan office, the numbers
of which are set out in the Table to this
5 subsection, is taken to be the sewerage
district of South East Water Corporation.
Table
LEGL./94-179, LEGL./94-180, LEGL./94-181,
LEGL./94-182, LEGL./94-183, LEGL./94-184,
LEGL./94-185, LEGL./94-186, LEGL./94-187,
LEGL./94-188, LEGL./94-189, LEGL./94-190,
LEGL./94-191, LEGL./94-192, LEGL./94-193,
LEGL./94-194, LEGL./94-195, LEGL./94-196,
LEGL./94-197, LEGL./94-198, LEGL./94-199,
LEGL./94-200, LEGL./94-201, LEGL./94-202,
LEGL./94-203, LEGL./94-204, LEGL./94-205,
LEGL./94-206, LEGL./94-207, LEGL./94-208,
LEGL./94-209, LEGL./94-210, LEGL./94-211.
122IC Districts of Yarra Valley Water
Corporation
10 (1) The land shown delineated on the plans
lodged in the central plan office, the numbers
of which are set out in the Table to this
subsection, is taken to be the water district of
Yarra Valley Water Corporation.
571108B.I-28/2/2012 16 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 16
Table
LEGL./94-96, LEGL./94-97, LEGL./94-98,
LEGL./94-99, LEGL./94-100, LEGL./94-101,
LEGL./94-102, LEGL./94-103, LEGL./94-104,
LEGL./94-105, LEGL./94-110, LEGL./94-111,
LEGL./94-112, LEGL./94-113, LEGL./94-114,
LEGL./94-115, LEGL./94-116, LEGL./94-117,
LEGL./94-118, LEGL./94-119, LEGL./94-120,
LEGL./94-121, LEGL./94-122, LEGL./94-123,
LEGL./94-124, LEGL./94-125, LEGL./94-126,
LEGL./94-127, LEGL./94-128, LEGL./94-129,
LEGL./94-130, LEGL./94-131, LEGL./94-132,
LEGL./94-133, LEGL./94-134, LEGL./94-135,
LEGL./94-136, LEGL./98-20, LEGL./98-21,
LEGL./01-15, LEGL./01-16, LEGL./01-17,
LEGL./01-18, LEGL./01-19, LEGL./01-20,
LEGL./01-21, LEGL./01-22, LEGL./05-523.
(2) The land shown delineated on the plans
lodged in the central plan office, the numbers
of which are set out in the Table to this
5 subsection, is taken to be the sewerage
district of Yarra Valley Water Corporation.
Table
LEGL./94-138, LEGL./94-139, LEGL./94-140,
LEGL./94-141, LEGL./94-142, LEGL./94-143,
LEGL./94-144, LEGL./94-145, LEGL./94-146,
LEGL./94-147, LEGL./94-153, LEGL./94-154,
LEGL./94-155, LEGL./94-156, LEGL./94-157,
LEGL./94-158, LEGL./94-159, LEGL./94-160,
LEGL./94-161, LEGL./94-162, LEGL./94-163,
LEGL./94-164, LEGL./94-165, LEGL./94-166,
LEGL./94-167, LEGL./94-168, LEGL./94-169,
LEGL./94-170, LEGL./94-171, LEGL./94-172,
LEGL./94-173, LEGL./94-174, LEGL./94-175,
LEGL./94-176, LEGL./94-177, LEGL./94-178,
LEGL./98-25, LEGL./98-26, LEGL./01-37,
LEGL./01-38, LEGL./01-39, LEGL./01-40,
LEGL./01-41, LEGL./01-42, LEGL./01-43,
LEGL./01-44, LEGL./05-524.".
571108B.I-28/2/2012 17 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 17
17 Section 122L substituted
For section 122L of the Water Act 1989
substitute--
"122L Non application of this Division
5 This Division does not apply to the
following--
(a) the waterway management district of
Melbourne Water Corporation;
(b) the water district or sewerage district of
10 any metropolitan water corporation;
(c) any water district or sewerage district
of a non-metropolitan water corporation
that has been determined by the
Minister under Division 1AA.".
15 18 Repeal of provisions as to areas of interest
(1) Section 122N of the Water Act 1989 is repealed.
(2) Sections 122U, 122V and 122W of the Water Act
1989 are repealed.
19 Section 122X substituted
20 For section 122X of the Water Act 1989
substitute--
"122X Non application of this Division
This Division does not apply to the
following--
25 (a) the waterway management district of
Melbourne Water Corporation;
(b) the water district or sewerage district of
any metropolitan water corporation;
(c) any water district or sewerage district
30 of a non-metropolitan water corporation
that has been determined by the
Minister under Division 1AA.".
571108B.I-28/2/2012 18 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 20
20 Power to enter land
(1) In section 133(1) of the Water Act 1989, for
"subsection (4)" substitute "subsections (1A),
(1B) and (4)".
5 (2) After section 133(1) of the Water Act 1989
insert--
"(1A) An officer of an Authority or an authorised
person must not enter any land under
subsection (1)(c), if the land is used
10 primarily for residential purposes, unless--
(a) the officer or person gives 7 days'
notice in writing of the entry to the
occupier of the land; or
(b) the entry is by an officer of the
15 Authority, who is an authorised water
officer, who is entering under a warrant
issued under section 291E; or
(c) the occupier consents to the entry.
(1B) An officer of an Authority or an authorised
20 person must not enter land under subsection
(1)(d), if the land is used primarily for
residential purposes, unless--
(a) the officer or person gives 7 days'
notice in writing of the entry to the
25 occupier of the land; or
(b) the occupier consents to the entry; or
(c) the entry is in an emergency; or
(d) the officer or person is performing a
function under section 221(a).".
571108B.I-28/2/2012 19 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 21
(3) For section 133(4) of the Water Act 1989
substitute--
"(4) Land that is used primarily for residential
purposes must not be entered under
5 subsection (1)(a), (b) or (d) or (2) between
the hours of 6.00 p.m. and 7.30 a.m.
unless--
(a) the occupier consents to the entry
between those hours; or
10 (b) the entry is in an emergency.
(5) Land that is primarily used for residential
purposes must not be entered under
subsection (1)(c) between the hours of
6.00 p.m. and 7.30 a.m. unless--
15 (a) the occupier of the land consents to the
entry between those hours; or
(b) the entry is authorised under a warrant
issued under section 291E.".
21 Obligations in relation to entry to land
20 Section 134(2) of the Water Act 1989 is
repealed.
22 Discontinuance etc. of water supply
(1) After section 141(2) of the Water Act 1989
insert--
25 "(2A) Despite subsection (1), an Authority must
not discontinue the supply of drinking water
to a person merely because the person has
refused or failed to pay any money due to the
Authority.".
571108B.I-28/2/2012 20 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 23
(2) After section 141(8) of the Water Act 1989
insert--
"(9) In this section drinking water has the same
meaning as in the Safe Drinking Water Act
5 2003.".
23 Circumstances in which Melbourne Water
Corporation to continue supply of water
(1) Section 141A(1)(a) of the Water Act 1989 is
repealed.
10 (2) In section 141A(2) of the Water Act 1989 omit
"retail licensee,".
24 Waste and misuse of water supply
(1) In section 143(1)(d) of the Water Act 1989 omit
"or section 69 of the Water Industry Act 1994,
15 as the case requires".
(2) Section 143(2) of the Water Act 1989 is
repealed.
25 Control over connections
After section 145(3) of the Water Act 1989
20 insert--
"(3A) A person may apply to VCAT for review
of a decision by an Authority under
subsection (3).
(3B) An application for review under subsection
25 (3A) must be lodged with VCAT within
28 days after--
(a) notice of the decision was given; or
(b) if, under section 45 of the Victorian
Civil and Administrative Tribunal
30 Act 1998, the person requests a
statement of reasons for the decision,
the day on which the statement of
reasons is given to the person or the
571108B.I-28/2/2012 21 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 26
person is informed under section 46(5)
of that Act that a statement of reasons
will not be given.".
26 Notice to connect
5 (1) For section 147(1) of the Water Act 1989
substitute--
"(1) An Authority may require the owner of a
serviced property to connect the property to
the sewerage works of the Authority.
10 (1A) An Authority may require the owner of a
serviced property--
(a) to remove any existing connection
between that property and any works of
the Authority; or
15 (b) to carry out any work that the Authority
considers necessary for the provision of
a service of the Authority to the
property.
(1B) The Authority must give notice in writing to
20 the owner of the property of a requirement
under subsection (1) or (1A) and must
specify in the notice the time within which
the requirement must be carried out.
(1C) The owner of a serviced property who has
25 been notified under subsection (1B) must
carry out the requirement specified in the
notice within the time specified in the notice
or any longer time allowed by the
Authority.".
30 (2) In section 147(2) of the Water Act 1989, for
"Authority's works" substitute "Authority's
sewerage works".
571108B.I-28/2/2012 22 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 26
(3) For section 147(6) of the Water Act 1989
substitute--
"(6) An Authority must not, by notice under
subsection (1), require the owner of a
5 property to connect to sewerage works of the
Authority unless--
(a) the Authority has first consulted with
the Environment Protection Authority
and the Secretary to the Department of
10 Health; and
(b) the Authority is of the opinion that the
connection (whether alone or in
combination with other connections) is
necessary to avoid an adverse impact
15 on public health or the environment.
(7) The owner of the property may apply to
VCAT for review of a decision to impose a
requirement under subsection (1) or (1A).
(8) An application for review under subsection
20 (7) must be lodged with VCAT within
28 days after--
(a) notice of the decision was given; or
(b) if, under section 45 of the Victorian
Civil and Administrative Tribunal
25 Act 1998, the owner requests a
statement of reasons for the decision,
the day on which the statement of
reasons is given to the owner or the
owner is informed under section 46(5)
30 of that Act that a statement of reasons
will not be given.
(9) In reviewing a decision of an Authority on
application under subsection (7), VCAT
must not make a determination that has the
35 effect that the owner is not required to
connect to the sewerage works of the
571108B.I-28/2/2012 23 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 27
Authority unless the owner can demonstrate
that the owner is able to dispose of
wastewater or sewage from the property
(whether alone or in combination with other
5 properties) in a manner that avoids an
adverse impact on public health or the
environment.".
27 Liability arising out of a flow of water
In section 157(1)(a) of the Water Act 1989, after
10 "Part 8," insert "Part 9,".
28 Reference to areas of interest repealed
In section 158(1) of the Water Act 1989 omit
"or its area of interest".
29 Insertion of new sections after section 159
15 After section 159 of the Water Act 1989 insert--
"159A Requirement to make emergency
management plan
(1) A water corporation must make a plan that
sets out how the water corporation should
20 respond to any emergency that could affect
the exercise of the water corporation's
powers or the performance of the water
corporation's functions.
(2) In preparing a plan, the water corporation
25 must have regard to any obligations in a
statement of obligations issued by the
Minister to the water corporation under
section 4I of the Water Industry Act 1994
concerning the form of, and the information
30 to be contained in, such a plan.
(3) In this section and in section 159E,
emergency means an emergency due to the
actual or imminent occurrence of an event
which in any way endangers or threatens to
35 endanger the safety or health of any person
571108B.I-28/2/2012 24 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 29
in Victoria or which destroys or damages, or
threatens to destroy or damage, any property
in Victoria or endangers or threatens to
endanger the environment or an element of
5 the environment in Victoria.
159B Variation of plan
A water corporation may at any time vary or
revoke and remake an emergency
management plan.
10 159C Publication and effect of plan
(1) A water corporation must on the making,
variation or revocation and remaking of an
emergency management plan publish notice
of that fact in the Government Gazette.
15 (2) The making, variation or revocation and
remaking of a plan has effect on the
publication of the notice under
subsection (1).
159D Review of plan at request of Minister
20 (1) The Minister may at any time, by notice
given to the water corporation, require the
water corporation to review an emergency
management plan and remake the plan.
(2) In remaking a plan the water corporation
25 must include or have regard to any matters
that are required by the Minister in the notice
under subsection (1).
159E Emergency
(1) The Governor in Council, on the
30 recommendation of the Minister by Order
published in the Government Gazette, may
direct a water corporation to take the action
specified in the Order in relation to any area
specified in the Order during any period
571108B.I-28/2/2012 25 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 30
specified in the Order or in any
circumstances specified in the Order.
(2) The Minister must not recommend to the
Governor in Council the making of an Order
5 under subsection (1) unless he or she is of
the opinion that an emergency exists in the
area to which the Order is to apply and that
the making of the Order is necessary to deal
with that emergency.
10 (3) An Order under subsection (1) must specify
the period of time for which it is to remain in
force.
(4) An Order under subsection (1) has effect
despite anything to the contrary in an
15 emergency management plan, for so long as
the order is in force.".
30 Fire plugs and free water
(1) In section 165(4)(c) of the Water Act 1989 omit
"without charge".
20 (2) After section 165(5) of the Water Act 1989
insert--
"(6) No charge may be made by an Authority in
respect of water taken for fire-fighting
purposes from a fire plug fixed to its works.
25 (7) An Authority may impose a reasonable
charge in respect of water taken for cleaning
sewers and drains from a fire plug fixed to its
works.".
31 Section 170 repealed
30 Section 170 of the Water Act 1989 is repealed.
32 Variation of plan
In section 170B(7) of the Water Act 1989 for
"licensee" substitute "Authority".
571108B.I-28/2/2012 26 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 33
33 Penalties for water restrictions or prohibitions on
water use
In section 171(3) of the Water Act 1989--
(a) in paragraph (a), for "a stage 1 restriction or
5 prohibition" substitute "the first stage of
restrictions or prohibitions (however
described)";
(b) in paragraph (b), for "a stage 2 restriction or
prohibition" substitute "the second stage of
10 restrictions or prohibitions (however
described)";
(c) in paragraph (c), for "a stage 3 restriction or
prohibition" substitute "the third stage of
restrictions or prohibitions (however
15 described)";
(d) in paragraph (d), for "a stage 4 restriction or
prohibition" substitute "the fourth stage of
restrictions or prohibitions (however
described)".
20 34 Repeal of reference to area of interest
In section 180(1) and (2) of the Water Act 1989
omit "or area of interest".
35 Designated waterways, land or works--Melbourne
Water Corporation
25 For section 188A(1)(a) of the Water Act 1989
substitute--
"(a) waterway that is within the waterway
management district of Melbourne Water
Corporation is a designated waterway of
30 Melbourne Water Corporation; and".
36 Closing of access by Authorities
In section 193(2)(a) of the Water Act 1989, for
"Authority, licensee" substitute "Authority".
571108B.I-28/2/2012 27 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 37
37 Works that interfere with designated land or works
(1) In section 194(1) of the Water Act 1989 omit
"a licensee,".
(2) In section 194(2) of the Water Act 1989, for
5 "licensee, holder" substitute "holder".
(3) In section 194(3) of the Water Act 1989, for
"licensee, holder" substitute "holder".
38 Control over connections and discharges
(1) In section 195(1) of the Water Act 1989 omit
10 "a licensee or" .
(2) In section 195(2) of the Water Act 1989 omit
"licensee or".
(3) In section 195(3) of the Water Act 1989 omit
"licensee or".
15 39 Control over diversion of drainage water
(1) In section 200(2) of the Water Act 1989 omit
"licensee or".
(2) In section 200(3) of the Water Act 1989 omit
"licensee or".
20 40 Insertion of new section after section 263
After section 263 of the Water Act 1989 insert--
"263A Liability of owners corporation or lot
owners for fees for services supplied to
subdivision
25 (1) An owners corporation of a subdivision to
which a service of water supply or sewage
disposal is supplied under this Act is liable to
pay any fees imposed by an Authority under
a tariff for the provision of that service being
30 any fee imposed--
(a) in respect of the land affected by the
owners corporation; and
571108B.I-28/2/2012 28 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 40
(b) in respect of the common property, or
any part of the common property,
affected by the owners corporation.
(2) Instead of requiring an owners corporation to
5 pay any fee imposed under a tariff referred to
in subsection (1), an Authority may
apportion the amount for which the owners
corporation would otherwise be liable
between the lots affected by it, on the basis
10 of--
(a) the number of lots affected by it; or
(b) the lot liability of each lot affected by
it--
and the owners of each lot to which an
15 amount is apportioned are liable to pay it
accordingly.
(3) An owners corporation may request an
Authority to use lot liability when
apportioning amounts under subsection (2).
20 (4) The request must--
(a) be in writing;
(b) give details of lot liability for each lot
affected by the owners corporation.
(5) An owners corporation that makes a request
25 under subsection (3) must give written notice
to an Authority of any change in lot liability
of any lot affected by it as soon as possible
after the change occurs.
(6) If requested to do so in accordance with this
30 section, an Authority must use the lot
liability method in apportioning an amount
to which an owners corporation would
otherwise be liable in respect of amounts
payable for the year following the year in
35 which the request is made and each
571108B.I-28/2/2012 29 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 40
subsequent year, and may base the
apportionment on information given to it by
the owners corporation under this section.
(7) If a subdivision has more than one owners
5 corporation and the Authority considers it
impracticable to determine how much water
is supplied to the land affected by each
owners corporation it may--
(a) under subsection (1), treat one of those
10 owners corporations as being the only
owners corporation for the subdivision;
and
(b) under subsection (2), apportion the
amount for which that owners
15 corporation would otherwise be liable
between all the lots in the subdivision.
(8) Any fee imposed under a tariff on the owner
of a lot affected by an owners corporation
(other than a lot used primarily for
20 residential purposes) must be offset against
the amount for which the owners corporation
is liable under subsection (1).
(9) Any amount for which an owner of a lot is
liable under subsection (2) must be offset
25 against the amount for which the owners
corporation affecting that lot is liable under
subsection (1).
(10) The liability imposed by subsection (1) does
not relieve any other person from liability to
30 pay the fee imposed under a tariff on, and the
charges payable by, that person.
(11) Terms used in this section have the same
meaning as in the Subdivision Act 1988.".
571108B.I-28/2/2012 30 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 41
41 Substitution of sections 273A and 273B
For sections 273A and 273B of the Water Act
1989 substitute--
"273A Liability of occupier
5 (1) The occupier of property is liable for any
water usage charge or sewage disposal
charge imposed in respect of the property
if--
(a) the property is--
10 (i) within the meaning of the
Residential Tenancies Act 1997
let to a tenant under a tenancy
agreement; or
(ii) within the meaning of the
15 Residential Tenancies Act 1997,
a site in a caravan park occupied
by a resident of the caravan park;
or
(iii) within the meaning of the
20 Residential Tenancies Act 1997,
a Part 4A site occupied by a site
tenant; and
(b) the quantity of water supplied to the
property is measured by a meter
25 provided or installed by an Authority
that only measures that quantity; and
(c) the owner has notified the Authority
that the property is so occupied or is
such a site and has given the Authority
30 the particulars of the occupier required
by the Authority; and
(d) the Authority has recorded the reading
on the meter measuring the quantity of
water supplied to the property as a
35 result of a notice under paragraph (c).
571108B.I-28/2/2012 31 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 41
(2) The Authority must ensure that the reading
on the meter measuring the quantity of water
supplied to the property is recorded--
(a) within 48 hours after the Authority is
5 given notice under subsection (1)(c); or
(b) as soon as practicable after the
Authority is given notice under
subsection (1)(c)--
whichever occurs last.
10 (3) If the cost of water supplied to a property
during the time the occupier occupies the
property is only partly based on the amount
of water supplied to the property, the
occupier of the property is liable for that part
15 of the cost that is based on the amount of
water supplied to the property.
273B Vacation of property
(1) A vacating occupier may--
(a) notify the Authority of his or her
20 vacation or intended vacation of the
property; and
(b) request the Authority to read the meter
supplying water to the property.
(2) The Authority must ensure that the reading
25 on the meter measuring the quantity of water
supplied to the property is recorded--
(a) on the day the vacating occupier
vacates the property; or
(b) as soon as practicable after that day; or
30 (c) within 48 hours after the Authority is
given a notice under subsection (1); or
571108B.I-28/2/2012 32 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 41
(d) as soon as practicable after the
Authority is given notice under
subsection (1)--
whichever occurs last.
5 (3) The vacating occupier is taken to cease to be
the occupier of the property for the purposes
of section 273A(1) on the reading of the
meter under subsection (2).
(4) If a vacating occupier does not notify the
10 Authority under subsection (1), the vacating
occupier is liable for the cost of all water
supplied to the property and all sewage
disposed from the property until--
(a) the Authority next records the reading
15 on the meter; or
(b) the end of the billing period in which
the vacation occurred--
whichever happens first.
(5) The owner of a property is liable for any
20 water usage charge or sewage disposal
charge imposed in respect of the property for
the period beginning when the vacating
occupier ceases to be liable under this
section and ending when a new notice is
25 given under section 273A(1)(c).
(6) In this section--
property owner includes an owner of a
property who has disposed of that
property if the Authority has not been
30 notified of that disposition in
accordance with section 159;
571108B.I-28/2/2012 33 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 42
vacating occupier means a person whose
particulars have been given to an
Authority under section 273A(1)(c)
who vacates or intends to vacate the
5 property in respect of which the
particulars have been given.".
42 Circumstances in which amount owed to Authority
is a charge on property
(1) For section 274(4A) of the Water Act 1989
10 substitute--
"(4A) If--
(a) the person liable to pay an amount to an
Authority in relation to a property owns
that property; and
15 (b) a code made by the Essential Services
Commission under the Water Industry
Act 1994 does not otherwise provide--
the amount owed is a charge on the property,
whether or not the Authority has agreed to
20 defer the payment of the whole or any part of
that amount.".
43 New section 274A inserted
After section 274 of the Water Act 1989 insert--
"274A Application of payments made to
25 metropolitan water corporations
(1) Any money paid to a metropolitan water
corporation by or on behalf of a person or
body must be applied by the metropolitan
water corporation as follows--
30 (a) first towards any amount owing to the
corporation by the person or body in
respect of any water usage charge or
any other fee or charge imposed by that
corporation;
571108B.I-28/2/2012 34 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 44
(b) secondly, towards any amount owing to
the rating authority by that person or
body that is being collected by the
corporation on behalf of the rating
5 authority;
(c) thirdly, towards any amount owing to
the Melbourne Water Corporation by
that person or body that is being
collected by the corporation on behalf
10 of the Melbourne Water Corporation.
(2) Any dispute arising between a metropolitan
water corporation and the rating authority or
Melbourne Water Corporation over the
application of any money under subsection
15 (1) may be referred to the Treasurer by any
party to the dispute and the decision of the
Treasurer on the matter is binding on the
parties.
(3) In this section rating authority means the
20 Minister administering Part 4 of the Water
Industry Act 1994.".
44 Repeal of certain provisions relating to unpaid
fees etc.
(1) Section 276 of the Water Act 1989 is repealed.
25 (2) Section 278 of the Water Act 1989 is repealed.
(3) Section 279 of the Water Act 1989 is repealed.
(4) Section 280 of the Water Act 1989 is repealed.
45 Interest on unpaid money
(1) In section 281(1A) of the Water Act 1989, for
30 "by the Governor in Council" substitute "by the
Essential Services Commission".
(2) In section 281(1B) of the Water Act 1989, for
"Governor in Council" substitute "Essential
Services Commission".
571108B.I-28/2/2012 35 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 46
46 Agreements with respect to collection of fees under
tariffs
(1) In section 281A(1) of the Water Act 1989--
(a) in paragraph (a), for "a licensee" substitute
5 "a metropolitan water corporation";
(b) for "that licensee" substitute "that
metropolitan water corporation".
(2) For section 281A(2) of the Water Act 1989
substitute--
10 "(2) A metropolitan water corporation must
collect, on behalf of Melbourne Water
Corporation, fees under tariffs, charges,
interest and other money referred to in
subsection (1) that relate to the water
15 districts or sewerage districts of the
metropolitan water corporation on the terms
and conditions agreed with Melbourne Water
Corporation or, in default of agreement,
determined by the Essential Services
20 Commission.".
(3) In section 281A(4) of the Water Act 1989, for
"licensee" (wherever occurring) substitute
"metropolitan water corporation".
47 Transfer of property etc., definitions
25 In the definition of former transferor property in
section 287E(1) of the Water Act 1989, for
"licensee" substitute "transferee".
48 Transfer proposal
(1) For the heading to section 287F of the Water Act
30 1989 substitute--
"Requirements for preparation of allocation
statement".
571108B.I-28/2/2012 36 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 49
(2) For section 287F(1) of the Water Act 1989
substitute--
"(1) If two or more water corporations jointly
propose that property, rights or liabilities of
5 any or all of those water corporations that is
of a specified kind be transferred from a
water corporation making the proposal to
another water corporation making the
proposal, the water corporations may submit
10 the proposal to the Minister for his or her
approval.".
49 Substitution of reference to licensee
In section 287Q of the Water Act 1989, for
"licensee" substitute "transferee".
15 50 Authorities required to use certain procedures when
making by-laws
At the end of section 287W of the Water Act
1989 insert--
"(2) Despite subsection (1), an Authority that is
20 making a by-law extending the operation of
another by-law under section 287ZL(3) is
not required to use the procedure set out in
Division 2 or Division 3, except that section
287ZI(2) and (3) applies to the making of the
25 by-law.".
51 Offence as to interfering with property
(1) In section 288(2)(a) of the Water Act 1989 omit
"or section 69 of the Water Industry Act 1994,
as the case requires".
30 (2) Section 288(4) of the Water Act 1989 is
repealed.
571108B.I-28/2/2012 37 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 52
52 Offence as to taking etc. water
(1) In section 289(2)(a) of the Water Act 1989 omit
"or section 69 of the Water Industry Act 1994,
as the case requires".
5 (2) Section 289(4) of the Water Act 1989 is
repealed.
53 Repeal of reference to licensee
Section 290(2) of the Water Act 1989 is
repealed.
10 54 Appointment of authorised water officers
(1) In the heading to Division 2 of Part 14 of the
Water Act 1989, for "Enforcement of water
restrictions" substitute "Appointment etc. of
authorised water officers".
15 (2) In section 291A(1) of the Water Act 1989 omit
"with a water district".
(3) For section 291A(2)(b) of the Water Act 1989
substitute--
"(b) must specify the Authority on whose behalf
20 the person is appointed to act.".
55 New sections inserted after section 291D
After section 291D of the Water Act 1989
insert--
"291E Entry with warrant
25 (1) An authorised water officer, who is an
officer of an Authority, may apply to a
magistrate for the issue of a search warrant
in relation to land used primarily for
residential purposes if he or she believes on
30 reasonable grounds that it is necessary for
the purpose of inspecting any works, or
making any test on the land, to find out
whether there is evidence that this Act, or
571108B.I-28/2/2012 38 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 55
any regulation or any by-law of the
Authority is not being complied with.
(2) The magistrate may issue a search warrant in
accordance with the Magistrates' Court Act
5 1989 if the magistrate is satisfied, by the
evidence on oath or by affidavit of the
authorised water officer, that it is necessary
to issue the warrant for the purpose of
inspecting any works, or making any test on
10 the land, to find out whether there is
evidence that this Act, or any regulation or
any by-law of the Authority is not being
complied with.
(3) A search warrant issued under this section
15 authorises the authorised water officer
named in the warrant--
(a) to enter the land named in the warrant,
on one occasion and, if necessary, on
one subsequent occasion; and
20 (b) to enter with the assistance of a
member of the police force or any other
necessary assistance that the officer
requires; and
(c) to enter with force if the entry is being
25 made with the assistance of a member
of the police force; and
(d) to inspect any works, or make any test
on the land that is specified in the
warrant and to seize any evidence that
30 this Act, or any regulation or any
by-law of the Authority is not being
complied with that is found during the
course of inspecting the works or
conducting the test; and
571108B.I-28/2/2012 39 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 55
(e) to take any action necessary to collect
the evidence of an offence found during
the course of inspecting the works or
making the test including the
5 following--
(i) observing the condition of the
land;
(ii) taking photographs or
measurements on the land;
10 (iii) making recordings on the land;
(iv) taking samples of water, soil or
other substances found on the
land.
(4) When acting under a search warrant issued
15 under this section, the authorised water
officer named in the warrant may use any
necessary equipment.
(5) A search warrant issued under this section
must state--
20 (a) the name of the authorised water officer
to whom the warrant is issued; and
(b) particulars of the alleged offence in
respect of which the warrant has been
issued; and
25 (c) the land to which the warrant relates;
and
(d) any conditions to which the warrant is
subject; and
(e) whether any entry under the warrant is
30 authorised to be made at any time of the
day or night or only during the hours
specified in the warrant; and
571108B.I-28/2/2012 40 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 55
(f) a day, not later than 28 days after the
issue of the warrant, on which the
warrant ceases to have effect.
(6) Except as provided by this Act, the rules to
5 be observed with respect to search warrants
under the Magistrates' Court Act 1989
extend and apply to search warrants issued
under this section.
(7) Despite subsection (6) and anything in the
10 Magistrates' Court Act 1989, a search
warrant under this section does not authorise
an authorised water officer to arrest a person.
291F Announcement before entry
(1) Before executing a search warrant issued
15 under section 291E, the authorised water
officer executing the warrant--
(a) must announce that he or she is
authorised by the warrant to enter the
land; and
20 (b) must give any person on the land an
opportunity to allow entry to the land.
(2) The officer need not comply with subsection
(1) if he or she believes on reasonable
grounds that immediate entry to the land is
25 required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the
warrant is not frustrated.
291G Details of warrant to be given to occupier
30 (1) If the occupier is present on land where a
search warrant issued under section 291E is
being executed, the authorised water officer
must--
571108B.I-28/2/2012 41 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 55
(a) identify himself or herself to the
occupier; and
(b) give a copy of the warrant to the
occupier.
5 (2) If the occupier is not present on land where a
search warrant issued under section 291E is
being executed but another person is present,
the authorised water officer must--
(a) identify himself or herself to the
10 person; and
(b) give a copy of the warrant to the
person.
291H Seizure of things not named in the
warrant
15 A search warrant issued under section 291E
authorises the authorised water officer
executing the warrant, in addition to seizing
any thing under the warrant, to seize any
thing if the authorised water officer believes,
20 on reasonable grounds--
(a) that the thing is of a kind that could
have been included in or seized under
the warrant and that will afford
evidence about the commission of an
25 offence against this Act, or any
regulation or by-law made under this
Act; and
(b) that it is necessary to seize that thing in
order to prevent its concealment, loss or
30 destruction or its use in the commission
of an offence against this Act, or any
regulation or by-law made under this
Act.".
571108B.I-28/2/2012 42 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 56
56 New section 292AA inserted
After the heading to Division 4 of Part 14 of the
Water Act 1989 insert--
"292AA Interpretation
5 In sections 292, 293 and 294 a reference to
officer of an Authority includes a reference
to authorised water officer, where the case
so applies.".
57 Powers of authorised water officers
10 For the note at the foot of section 293 of the
Water Act 1989 substitute--
"Note
For further powers of authorised water officers see
section 291D.".
15 58 Prosecutions
(1) Section 296(1)(ba) of the Water Act 1989 is
repealed.
(2) Section 296(3) of the Water Act 1989 is
repealed.
20 59 Civil remedies not affected by bringing of
proceeding
(1) In section 299 of the Water Act 1989, for
"Authority, a licensee" substitute "Authority".
(2) In section 299(a) and (b) of the Water Act 1989,
25 for "Authority, licensee" (wherever occurring)
substitute "Authority".
60 Repeal of reference to area of interest
For section 300(1)(e) of the Water Act 1989
substitute--
30 "(e) the size, location or boundaries of a district
of an Authority or of an environmental or
recreational area determined under
Division 5 of Part 6A;".
571108B.I-28/2/2012 43 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 61
61 New section inserted after section 303
After section 303 of the Water Act 1989 insert--
"303A Issues of evidence and proof
(1) Any instrument or monitoring, recording or
5 other equipment or installation used by an
officer of the Authority, an authorised water
officer, an authorised person or an analyst in
connection with any evidence given in a
proceeding under this Act, the regulations or
10 by-laws made under this Act relating to the
discharge of anything into the works of an
Authority or a sewerage system under the
control and management of an Authority
must be presumed, until the contrary is
15 proved, to be accurate and precise.
(2) Despite the rule against hearsay, the results
of any analysis based on analytical
techniques which by their nature infringe
that rule are admissible in evidence in any
20 proceeding referred to in subsection (1).
(3) Each attribute of a sample taken under this
Act, the regulations or by-laws made under
this Act must, for the purpose of any
proceeding referred to in subsection (1), be
25 presumed, until the contrary is proved, not to
be materially affected by its method of
storage or preservation.
(4) A finding by a court that an attribute of a
sample referred to in subsection (3) was
30 materially affected by its method of storage
or preservation does not rebut the
presumption created by that subsection in
relation to the other attributes of the sample.
571108B.I-28/2/2012 44 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 62
(5) If--
(a) a corporation has entered into a trade
waste agreement with an Authority; and
(b) that corporation shares premises with a
5 corporation that is a subsidiary of that
corporation within the meaning of the
Corporations Act; and
(c) there occurs on the premises an act or
omission that is capable of constituting
10 a contravention of the trade waste
agreement--
the corporation that entered into the trade
waste agreement must be presumed, for the
purpose of any proceeding under this Act,
15 the regulations or by-laws made under this
Act relating to that contravention, to have
caused that act or omission until the contrary
is proved.
(6) For the purpose of any proceeding under this
20 Act, the regulations or by-laws made under
this Act, anything found in a sewer on a
property or which exclusively services a
property or in any drain or other works on a
property connected to such a sewer, must be
25 presumed, in the absence of evidence to the
contrary, to have been discharged into that
sewer, drain or other works by the occupier
of that property.".
62 Incorporation of documents in certain instruments
30 After section 305C(2)(l) of the Water Act 1989
insert--
"(m) section 122GAA;".
63 Repeal of spent provision
Section 320 of the Water Act 1989 is repealed.
571108B.I-28/2/2012 45 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 64
64 Officers appointed or transferred to Authorities
In section 321(1) of the Water Act 1989--
(a) after "section 98(1)" insert "as in force
before the commencement of section 54 of
5 the Water (Governance) Act 2006";
(b) omit "or by virtue of clause 20(2)(e) of
Schedule 3".
65 Regulations
(1) For section 324(1)(b) of the Water Act 1989
10 substitute--
"(b) the management, protection and use of all
lands, waterways and works under the
management and control of a water
corporation; and
15 (c) the management, protection and use of
environmental and recreational areas under
the management and control of a water
corporation; and
(d) sanitary drainage plans held by a water
20 corporation, including--
(i) the lodging of plans of sanitary drains
as they appear after they have been
installed or altered; and
(ii) specifying the details that the plans
25 must contain; and
(iii) the providing of the copies of the plans;
and
(e) prescribing standards for any saline or other
matter (whether in liquid form or not) that
30 may be discharged--
(i) into works under the control of a water
corporation; or
(ii) into any waterway; or
571108B.I-28/2/2012 46 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 65
(iii) onto any place from which it may enter
into--
(A) any works under the control of a
water corporation; or
5 (B) any waterway; or
(C) any aquifer; or
(D) any bore; and
(f) prescribing ways of measuring water supply
by meter or other measuring device,
10 including ways of calculating water use by
reading a meter after the ending of a billing
period; and
(g) prescribing ways of determining the quantity
of water supplied to land, other than by a
15 meter or other measuring device; and
(h) prohibiting any act which would cause
wastage of water; and
(i) regulating or prohibiting any activity--
(i) that is carried out within 40 metres of
20 works or waterways forming part of the
water supply system of a water
corporation; and
(ii) that may affect the system; and
(j) prohibiting people who are not entitled to
25 water supply from using water from the
works of a water corporation; and
(k) regulating or prohibiting the access to or use
of land and works under the management
and control of a water corporation; and
30 (l) regulating the use of water for fire-fighting
purposes; and
571108B.I-28/2/2012 47 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 65
(m) regulating or prohibiting the discharge of any
trade waste into the sewers of a water
corporation; and
(n) prescribing the terms and conditions to be
5 included in agreements for the receipt and
disposal of trade waste by a water
corporation, including the grounds on which
a water corporation may disconnect the
service; and
10 (o) prescribing any waste as trade waste for the
purposes of this Act; and
(p) prescribing the information to be provided to
a water corporation by any person whose
trade waste the water corporation agrees to
15 receive; and
(q) the resolution of disputes under or in
connection with a trade waste agreement or a
proposed trade waste agreement; and
(r) regulating works or apparatus that are part of
20 any private works; and
(s) requiring--
(i) the regular maintenance and cleaning of
those works or apparatus; and
(ii) the payment of a fee for any
25 maintenance or cleaning of those works
or apparatus that is carried out by or on
behalf of a water corporation; and
(t) prohibiting septic tank discharge within an
area in respect of which a water corporation
30 has functions without the consent of the
water corporation; and
(u) imposing penalties for contraventions of the
regulations; and
571108B.I-28/2/2012 48 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 66
(v) any other matter or thing required or
permitted by this Act to be prescribed or
necessary to be prescribed to give effect to
this Act.".
5 (2) After section 324(4) of the Water Act 1989
insert--
"(4A) If a regulation made under this Act is
inconsistent with a by-law made by an
Authority, the regulation prevails to the
10 extent of the inconsistency.".
66 Repeal of spent provision
Section 329 of the Water Act 1989 is repealed.
67 New sections inserted after section 330A
After section 330A of the Water Act 1989
15 insert--
"330B Effect of Schedule 17
Schedule 17 has effect.
330C Corporations Act displacement provision
The provisions of Schedule 17 are declared
20 to be Corporations legislation displacement
provisions for the purposes of section 5G of
the Corporations Act in relation to the
provisions of Chapter 5 of that Act.
Note
25 Section 5G of the Corporations Act provides that if a State
law declares a provision of a State law to be a Corporations
legislation displacement provision, any provision of the
Corporations legislation with which the State provision
would otherwise be inconsistent does not apply to the extent
30 necessary to avoid the inconsistency.".
571108B.I-28/2/2012 49 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 68
68 New Schedule inserted after Schedule 1
After Schedule 1 to the Water Act 1989 insert--
"SCHEDULE 1A
METROPOLITAN WATER CORPORATIONS--
5 OLD LICENSEES UNDER THE WATER
INDUSTRY ACT 1994
TABLE
Item Column 1 Column 2
Water Old licensees
Corporations under Water
Industry Act
1994
1 City West Water City West Water
Corporation Ltd. A.C.N.
066 902 467
2 South East Water South East Water
Corporation Ltd. A.C.N.
066 902 547
3 Yarra Valley Yarra Valley
Water Water Ltd.
Corporation A.C.N. 066 902
501
__________________".
571108B.I-28/2/2012 50 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 69
69 New Schedule inserted after Schedule 16
After Schedule 16 to the Water Act 1989
insert--
"__________________
5 SCHEDULE 17
TRANSITIONAL ARRANGEMENTS--WATER
AMENDMENT (GOVERNANCE AND OTHER
REFORMS) ACT 2012
PART 1--PRELIMINARY
10 1 Definitions
In this Schedule--
old authorised person means an authorised
person within the meaning of
section 3(1) of the Water Industry Act
15 1994, as in force before the water
corporation commencement;
old dispute resolution scheme means a
dispute resolution scheme under
section 9 of the Water Industry Act
20 1994 as in force before the water
corporation commencement;
old easement or reserve means an easement
or reserve created under section 61 of
the Water Industry Act 1994 as in
25 force before the water corporation
commencement;
old licensee means a body set out in
Column 2 of the Table in Schedule 1A;
old permanent water saving plan means a
30 plan prepared, adopted and (where the
case so requires) varied under
Division 1B of Part 3 of the Water
571108B.I-28/2/2012 51 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 69
Industry Act 1994 as in force before
the water corporation commencement;
old works notice means a notice under
section 95 of the Water Industry Act
5 1994 as in force before the water
corporation commencement;
relevant water corporation, in relation to an
old licensee, means the water
corporation set out in the item in
10 Column 1 of the Table in Schedule 1A
immediately opposite the old licensee;
water corporation commencement means
the commencement of sections 7, 74
and 75 of the 2012 Act;
15 2012 Act means the Water Amendment
(Governance and Other Reforms)
Act 2012.
PART 2--REVOCATION OF LICENCES
2 Revocation of licences
20 On the water corporation commencement,
any licence issued under Division 1 of Part 2
of the Water Industry Act 1994 to an old
licensee is revoked.
PART 3--GENERAL TRANSITIONAL
25 PROVISIONS ON CESSATION OF OLD
LICENSEES
3 Directors
On the water corporation commencement
each person who was a director of an old
30 licensee is deemed to be a member of the
board of directors of the relevant water
corporation and the following provisions
apply--
571108B.I-28/2/2012 52 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 69
(a) a person's period of membership of a
board is taken to be the period that
expires on the same date as the expiry
date for the appointment of the person
5 as a director of the old licensee (as in
force immediately before the water
corporation commencement); and
(b) the same terms and conditions that
applied to a person as director of an old
10 licensee, immediately before the water
corporation commencement, apply to
that person as a member of a relevant
water corporation; and
(c) the person--
15 (i) who occupied the position of
chairperson of an old licensee,
immediately before the water
corporation commencement, is
taken to occupy that position on
20 the board of directors of the
relevant water corporation; and
(ii) who occupied the position of
deputy chairperson of an old
licensee, immediately before the
25 water corporation commencement,
is taken to occupy that position on
the board of directors of the
relevant water corporation; and
(iii) who occupied the position of
30 managing director of an old
licensee, immediately before the
water corporation commencement,
is taken to occupy that position on
the board of directors of the
35 relevant water corporation.
571108B.I-28/2/2012 53 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 69
4 References to old licensees
(1) On the water corporation commencement
any reference to a person who was the holder
of a licence under the Water Industry Act
5 1994 (whether by use of the term licensee or
otherwise) in the Water Act 1989, the
Water Industry Act 1994 or any other Act
or any regulation or instrument made under
any Act is taken to be a reference to a
10 metropolitan water corporation.
(2) On the water corporation commencement,
any reference in the Water Act 1989, the
Water Industry Act 1994 or any other Act
or any regulation or instrument made under
15 any such Act to a body specified in an item
in Column 2 of the Table in Schedule 1A is
taken to be a reference to the body specified
in that item in Column 1 of that Table.
(3) Subclauses (1) and (2) apply--
20 (a) to the extent that they are not
inconsistent with the context or subject
matter; and
(b) to the extent that the reference relates to
a period on or after the water
25 corporation commencement.
(4) The force and effect of any document to
which subclause (1) or (2) applies is not to
be taken to be affected by the water
corporation commencement.
30 5 General transfer of assets and liabilities
etc.
(1) On the water corporation commencement--
(a) any rights, property and assets that
immediately before the water
35 corporation commencement were
571108B.I-28/2/2012 54 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 69
vested in an old licensee are taken to be
vested in the relevant water
corporation;
(b) any debts, liabilities and obligations of
5 an old licensee that were existing
immediately before the water
corporation commencement are taken
to be the debts, liabilities and
obligations of the relevant water
10 corporation;
(c) the relevant water corporation is
substituted as a party to any
arrangement or contract entered into by
or on behalf of an old licensee that was
15 in force immediately before the water
corporation commencement;
(d) the relevant water corporation is
substituted as a party to any
proceedings pending in any court to
20 which an old licensee was a party
immediately before the water
corporation commencement.
(2) Subclause (1)(c) does not apply to--
(a) the company constitution of an old
25 licensee and all constituent documents
of the old licensee including the
company seal; and
(b) any document that relates to the
business or operations of an old
30 licensee that is required for the
purposes of the Corporations Act.
6 Amendment of Register
(1) The Registrar of Titles, on being requested to
do so and on delivery of any relevant
35 certificate of title or instrument must make
any amendments in the Register that are
571108B.I-28/2/2012 55 BILL LA INTRODUCTION 28/2/2012
Water Amendment (Governance and Other Reforms) Bill 2012
Part 2--Amendment of the Water Act 1989
s. 69
necessary because of the operation of
clause 5.
(2) Despite subclause (1), it is not necessary to
produce a certificate of title in the case of a
5 request for amendment to the Register in
relation to transferred property that is an
easement registered under the Transfer of
Land Act 1958.
7 Fees and charges for services provided by
10 old licensees
(1) Despite the water corporation
commencement, the Water Industry Act
1994, as in force immediately before that
commencement, is taken to apply to the
15 payment of any fee or charge or a part of a
fee or charge under that Act imposed by an
old licensee, being a fee or charge or a part
of a fee or charge which has been imposed
by the old licensee before that
20 commencement and which is outstanding
immediately before that commencement.
(2) Despite the water corporation
commencement, the Water Industry Act
1994, as in force immediately before that
25 commencement, is taken to apply to the
payment of the whole or any part of a fee or
charge imposed by a metropolitan water
corporation in respect of the provision of
services for any period before that
30 commencement, when the fee or charge or
the part of the fee or charge is imposed by
the relevant metropolitan water corporation
on or after that commencement.
(3) Despite the repeal of Part 2 of the Water
35 Industry Act 1994 by section 74 of the 2012
Act, that Part, as in force immediately before
that repeal, is taken to continue to apply to
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the imposition or payment of fees and
charges to which subclause (1) or (2) applies,
as if that Part had not been repealed and as if
any reference to licensee in that Part were a
5 reference to the relevant water corporation
(where the context so requires).
(4) On the water corporation commencement, a
notice given to an old licensee under
section 23(1)(c) of the Water Industry Act
10 1994, as in force before its repeal, being a
notice that is in force immediately before
that commencement, is taken to be, for the
purposes of any fee or charge imposed under
this Act, a notice given to the relevant water
15 corporation under section 273A(1)(c).
(5) On the water corporation commencement, a
request made to an old licensee in
accordance with section 24 of the Water
Industry Act 1994, as in force before its
20 repeal, being a request that is in force
immediately before that commencement, is
taken to be, for the purposes of any fee or
charge imposed under this Act, a request
made to the relevant water corporation in
25 accordance with section 263A.
(6) On the water corporation commencement, an
application made to an old licensee under
section 26(2) of the Water Industry Act
1994, as in force before its repeal, being an
30 application that is in force immediately
before that commencement, is taken to be,
for the purposes of any fee or charge
imposed under this Act, an application made
to the relevant water corporation under
35 section 283(3C).
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(7) On the water corporation commencement, an
application made to an old licensee under
section 26(2A) of the Water Industry Act
1994, as in force before its repeal, being an
5 application that is in force immediately
before that commencement, is taken to be,
for the purposes of any fee or charge
imposed under this Act, an application made
to the relevant water corporation under
10 section 283(3E).
8 Staff transferred
(1) On the water corporation commencement,
any employee of an old licensee,
immediately before that commencement is
15 taken to be an employee of the relevant
water corporation on the same terms and
conditions and with the same accrued and
accruing entitlements as applied to that
person immediately before that
20 commencement as an employee of the old
licensee.
(2) If subclause (1) applies to a person--
(a) the service of the person as an
employee with the relevant water
25 corporation is to be regarded for all
purposes as having been continuous
with the service of the employee with
the old licensee; and
(b) the employee is not entitled to receive
30 any payment or other benefit by reason
only of having ceased to be an
employee of the old licensee.
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(3) Nothing in this clause prevents an employee
of the old licensee from resigning or being
dismissed at any time after the water
corporation commencement in accordance
5 with the terms and conditions of his or her
employment.
9 Land acquired compulsorily by Minister
If any land acquired by the Minister in
accordance with the Land Acquisition and
10 Compensation Act 1986 and section 55 of
the Water Industry Act 1994 on behalf of
an old licensee is, immediately before the
water corporation commencement, held by
the Minister for that purpose, on the water
15 corporation commencement the land is taken
to be vested in the relevant water
corporation.
10 Works
On the water corporation commencement
20 any works--
(a) that were owned by an old licensee,
immediately before that
commencement, are taken to be owned
by the relevant water corporation; and
25 (b) that were managed or controlled by an
old licensee, immediately before that
commencement, are taken to be
managed or controlled by the relevant
water corporation.
30 11 Serviced property
(1) Any land that was, immediately before the
water corporation commencement, in an area
specified in the water and sewerage licence
of an old licensee and that was, for the
35 purposes of water supply, a serviced property
by the operation of section 64 of the Water
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Part 2--Amendment of the Water Act 1989
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Industry Act 1994 (as in force before its
repeal), is taken to be serviced property,
within the meaning of this Act, for the
purposes of water supply by the relevant
5 water corporation.
(2) Any land that was, immediately before the
water corporation commencement, in an area
specified in the water and sewerage licence
of an old licensee and that was, for the
10 purposes of the supply of sewerage services,
a serviced property by the operation of
section 64 of the Water Industry Act 1994
(as in force before its repeal), is taken to be
serviced property, within the meaning of this
15 Act, for the purposes of the provision of
sewerage services by the relevant water
corporation.
(3) Any land in respect of which, immediately
before the water corporation
20 commencement--
(a) an old licensee was imposing a service
charge under section 22 of the Water
Industry Act 1994 for the provision of
water supply, for the purposes of
25 section 144 is taken to be a serviced
property for the purposes of the
provision of water supply; and
(b) an old licensee was imposing a service
charge under section 22 of the Water
30 Industry Act 1994 for the provision of
sewerage services, for the purposes of
section 144 is taken to be a serviced
property for the purposes of the
provision of sewerage services.
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12 Authorised persons
On the water corporation commencement, an
old authorised person authorised by an old
licensee the authority of whom is in force
5 immediately before that commencement is
taken to be an authorised person authorised
by the relevant water corporation.
13 Customer dispute resolution
On the water corporation commencement, an
10 old dispute resolution scheme applying to an
old licensee as in force immediately before
that commencement is taken to be a dispute
resolution scheme applying to the relevant
water corporation under section 122ZG.
15 14 Management of Crown land
(1) On the water corporation commencement, an
Order made under section 56(1) of the
Water Industry Act 1994 as in force before
its repeal applying to an old licensee, being
20 an Order that is in force immediately before
that commencement, is taken to be an Order
made under section 131(1) applying to the
relevant water corporation.
(2) On the water corporation commencement, an
25 Order made under section 56(2) of the
Water Industry Act 1994 as in force before
its repeal applying to an old licensee, being
an Order that is in force immediately before
that commencement, is taken to be an Order
30 made under section 131(2) applying to the
relevant water corporation.
15 Power to enter land
Despite the repeal of section 58 of the Water
Industry Act 1994, a notice given by an old
35 licensee under that section, that is in force
immediately before that repeal, is taken to
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continue in force and may continue to be
dealt with under the law as in force
immediately before that repeal and as if any
reference to licensee in that law and that
5 notice were a reference to the relevant water
corporation (where the context so requires).
16 Subdivisional easements and reserves
On the water corporation commencement, an
old easement or reserve created for the use of
10 an old licensee as in force immediately
before that day is taken to be an easement or
reserve created for the use of the relevant
water corporation under section 136.
17 Notifications as to rail works
15 (1) Despite the repeal of section 62B of the
Water Industry Act 1994, a notice given by
an old licensee under that section, that is in
force immediately before that repeal, is taken
to continue in force and may continue to be
20 dealt with under the law as in force
immediately before that repeal and as if any
reference to licensee in that law and that
notice were a reference to the relevant water
corporation (where the context so requires).
25 (2) Despite the repeal of section 62C of the
Water Industry Act 1994, a notice given by
a rail operator to an old licensee under that
section, that is in force immediately before
that repeal, is taken to continue in force and
30 may continue to be dealt with under the law
as in force immediately before that repeal
and as if any reference to licensee in that law
and that notice were a reference to the
relevant water corporation (where the
35 context so requires).
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18 Control over connections
(1) Despite the repeal of section 63(2) of the
Water Industry Act 1994, a notice served
on an old licensee under that section, that is
5 in force immediately before that repeal is
taken to continue in force and may continue
to be dealt with under the law as in force
immediately before that repeal and as if any
reference to licensee were a reference to the
10 relevant water corporation (where the
context so requires).
(2) Despite the repeal of section 63(5) of the
Water Industry Act 1994, an application
made under that section that is in force
15 immediately before that repeal is taken to
continue in force and may continue to be
dealt with under the law as in force
immediately before that repeal and as if any
reference to licensee were a reference to the
20 relevant water corporation (where the
context so requires).
19 Notice to property owners
Despite the repeal of section 65 of the Water
Industry Act 1994, a notice served by an old
25 licensee under that section that is in force
immediately before that repeal is taken to
continue in force and may continue to be
dealt with under the law as in force
immediately before that repeal and as if any
30 reference to licensee were a reference to the
relevant water corporation (where the
context so requires).
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20 Structures over works
(1) Despite the repeal of section 66 of the Water
Industry Act 1994, an application for
consent made to an old licensee under that
5 section, that is in force immediately before
that repeal, is taken to continue in force and
may continue to be dealt with under the law
as in force immediately before that repeal
and as if any reference to licensee were a
10 reference to the relevant water corporation
(where the context so requires).
(2) Despite the repeal of section 66 of the Water
Industry Act 1994, any terms and
conditions to which an old licensee has
15 consented under that section, that are in force
immediately before that repeal, are taken to
continue in force and may continue to be
dealt with under the law as in force
immediately before that repeal and as if any
20 reference to licensee were a reference to the
relevant water corporation (where the
context so requires).
21 Removal of trees
Despite the repeal of section 67 of the Water
25 Industry Act 1994, a notice by an old
licensee under that section that is in force
immediately before that repeal, is taken to
continue in force and may continue to be
dealt with under the law as in force
30 immediately before that repeal and as if any
reference to licensee were a reference to the
relevant water corporation (where the
context so requires).
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22 Notice to repair
Despite the repeal of section 68 of the Water
Industry Act 1994, a notice served by an old
licensee under that section, that is in force
5 immediately before that repeal, is taken to
continue in force and may continue to be
dealt with under the law as in force
immediately before that repeal and as if any
reference to licensee in that law and that
10 notice were a reference to the relevant water
corporation (where the context so requires).
23 Notice of contravention
Despite the repeal of section 69 of the Water
Industry Act 1994, a notice served by an old
15 licensee under that section that is in force
immediately before that repeal, is taken to
continue in force and may continue to be
dealt with under the law as in force before
the repeal of that section and as if any
20 reference to licensee in that law and that
notice were a reference to the relevant water
corporation (where the context so requires).
24 Notice of intention to affect works
Despite the repeal of section 70 of the Water
25 Industry Act 1994, a notice served by an old
licensee under that section, that is in force
immediately before that repeal, is taken to
continue in force and may continue to be
dealt with under the law as in force
30 immediately before that repeal and as if any
reference to licensee in that law and that
notice were a reference to the relevant water
corporation (where the context so requires).
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25 Notice to alter or remove works
Despite the repeal of section 71 of the Water
Industry Act 1994, a notice served by an old
licensee under that section, that is in force
5 immediately before that repeal, is taken to
continue in force and may continue to be
dealt with under the law as in force
immediately before that repeal and as if any
reference to licensee in that law and that
10 notice were a reference to the relevant water
corporation (where the context so requires).
26 Determination of disputes
Despite the repeal of section 72 of the Water
Industry Act 1994, a dispute to which an
15 old licensee is a party that has been referred
to the Commission and is on foot
immediately before that repeal, is taken to
continue on foot and may continue to be
dealt with under the law as in force
20 immediately before that repeal and as if any
reference to licensee were a reference to the
relevant water corporation (where the
context so requires).
27 Jurisdiction of Tribunal
25 Section 74A of the Water Industry Act
1994 as in force before its repeal, continues
to apply in relation to any proceeding
pending in the Tribunal immediately before
the repeal of that section.
30 28 Information statements
Despite the repeal of section 75 of the Water
Industry Act 1994, any application made
under that section, that is in force
immediately before that repeal, is taken to
35 continue in force and may continue to be
dealt with under the law as in force
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Part 2--Amendment of the Water Act 1989
s. 69
immediately before that repeal and as if any
reference to licensee were a reference to the
relevant water corporation (where the
context so requires).
5 29 Permanent water saving plans
On the water corporation commencement, an
old permanent water saving plan of an old
licensee as in force immediately before that
commencement is taken to be a permanent
10 water saving plan of the relevant water
corporation under section 170A.
30 Water for fire-fighting and cleaning
sewers and drains
On the water corporation commencement, a
15 requirement imposed on an old licensee
under section 81 of the Water Industry Act
1994 that is in force immediately before that
commencement, is taken to be a requirement
imposed under section 165 on the relevant
20 water corporation.
31 Notice of contravention for water supply
protection
Despite the repeal of section 84 of the Water
Industry Act 1994, a notice served by an old
25 licensee under that section, being a notice
that is in force immediately before that
repeal, continues in force and may continue
to be dealt with under the law as in force
immediately before that repeal and as if any
30 reference to licensee were a reference to the
relevant water corporation (where the
context so requires).
32 New works
Despite the repeal of section 95 of the Water
35 Industry Act 1994, an old works notice
served and published by an old licensee
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under that section, that is in force
immediately before that repeal, is taken to
continue in force and may continue to be
dealt with under the law as in force
5 immediately before that repeal and as if any
reference to licensee in that law and that
notice were a reference to the relevant water
corporation (where the context so requires).
33 Notices of disposition of land
10 Despite the repeal of section 176A of the
Water Industry Act 1994, a notice given to
an old licensee under that section, that is in
force immediately before that repeal, is taken
to continue in force and may continue to be
15 dealt with under the law as in force
immediately before that repeal and as if any
reference to licensee in that law and in that
notice were a reference to the relevant water
corporation (where the context so requires).
20 34 Trade waste agreements
On the water corporation commencement, a
trade waste agreement within the meaning
section 3(1) of the Water Industry Act
1994 as in force before the water corporation
25 commencement, to which an old licensee is a
party, as in force immediately before that
commencement, is taken to be a trade waste
agreement to which the relevant water
corporation is a party for the purposes of
30 Part 9.
35 Water meters
On the water corporation commencement, a
meter provided or installed by an old
licensee before that commencement is taken
35 to be a meter provided or installed by a
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Part 2--Amendment of the Water Act 1989
s. 69
metropolitan water corporation under
section 142.
PART 4--TRANSITIONAL PROVISIONS FOR
OTHER AMENDMENTS TO THIS ACT
5 36 Saving of certain out of district
agreements
(1) On the water corporation commencement, an
agreement entered into by an Authority for
the purposes of water supply services outside
10 the district of the Authority, that is in force
immediately before that commencement, is
taken to have been validly entered into
whether or not the consent of the Minister
was obtained to the entering into of the
15 agreement.
(2) On the water corporation commencement, an
agreement entered into by an Authority for
the purposes of sewerage services outside the
district of the Authority, that is in force
20 immediately before that commencement, is
taken to have been validly entered into
whether or not the consent of the Minister
was obtained to the entering into of the
agreement.
25 37 Areas of interest
(1) Despite the coming into operation of
section 18 of the 2012 Act, the Act as in
force before the commencement of that
section continues to apply to a relevant area
30 of interest of a water corporation that is in
existence immediately before that
commencement until the making of a
determination as to the water district or
sewerage district (as the case so requires) for
35 the corporation under Division 1AA of
Part 6A.
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(2) In this clause, relevant area of interest
means an area of interest of a water
corporation in relation to that water
corporation's water district or sewerage
5 district declared under section 122U (as in
force before its repeal).
38 Emergency management plans
On the water corporation commencement, an
emergency management plan of a water
10 corporation, prepared under a statement of
obligations issued under the Water Industry
Act 1994 is taken to be an emergency
management plan made under section 159A
and is taken to be in effect.
15 39 Disposal of property for unpaid fees etc.
Despite the commencement of section 44(2),
(3) and (4) of the 2012 Act, sections 278,
279 and 280 as in force immediately before
that commencement, are taken to continue to
20 apply in relation to any sale or transfer of
property under section 278, the contract for
which was entered into before that
commencement.
40 Business or activity outside Victoria
25 On the water corporation commencement,
any business or activity carried on by an old
licensee outside Victoria before that
commencement is taken to be a business or
activity approved by the Minister under
30 section 124(10).
41 Authority may require occupier to pay
rent to it
On the commencement of section 44(1) of
the 2012 Act, any outstanding obligation of
35 an occupier to pay rent to an Authority, that
is in force immediately before that
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Part 2--Amendment of the Water Act 1989
s. 69
commencement, ceases, despite anything to
the contrary in the Interpretation of
Legislation Act 1984.
42 Approval of analysts
5 On the water corporation commencement, an
approval of a person by an old licensee under
the definition of analyst in section 3(1) of
the Water Industry Act 1994 as in force
immediately before the water corporation
10 commencement is taken to be an approval by
the relevant water corporation under the
definition of analyst under section 3(1).
43 Constitution of existing water
corporations
15 A water corporation that was in existence
immediately before the water corporation
commencement is taken to be the same body
despite the amendments made to this Act by
sections 9, 10, 11, 12, 13 and 14 of the 2012
20 Act.".
__________________
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Part 3--Amendment of the Water Industry Act 1994
s. 70
PART 3--AMENDMENT OF THE WATER INDUSTRY
ACT 1994
70 Definitions
See: (1) In section 3(1) of the Water Industry Act 1994,
Act No.
5 121/1994. the definitions of analyst, authorised person,
Reprint No. 6 authorised water officer, drought response plan,
as at
29 February emergency management plan, licence, licensee,
2008 permanent water saving plan, principal works,
and
amending retail licence, security deposit, service charge,
10 Act Nos
15/2008,
trade waste agreement, usage charge and works
68/2009, are repealed.
69/2009,
6/2010, (2) In section 3(1) of the Water Industry Act 1994,
29/2010,
50/2011 and
in the definition of waterways land, in
63/2011. paragraph (b), for "(a);" substitute "(a).".
LawToday:
www.
legislation.
vic.gov.au
15 71 Definitions
(1) In section 4A of the Water Industry Act 1994,
for the definition of Regional Urban Water
Authority substitute--
"Regional Urban Water Authority means--
20 (a) the Barwon Region Water Corporation;
(b) the Central Gippsland Region Water
Corporation;
(c) the Central Highlands Region Water
Corporation;
25 (d) the Coliban Region Water Corporation;
(e) the East Gippsland Region Water
Corporation;
(f) the Goulburn Valley Region Water
Corporation;
30 (g) the Grampians Wimmera Mallee Water
Corporation;
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(h) the Lower Murray Urban and Rural
Water Corporation;
(i) the North East Region Water
Corporation;
5 (j) the South Gippsland Region Water
Corporation;
(k) the Wannon Region Water Corporation;
(1) the Western Region Water Corporation;
(m) the Westernport Region Water
10 Corporation;
(n) any other body determined by the
Minister to be a Regional Urban Water
Authority;".
(2) In section 4A of the Water Industry Act 1994,
15 in the definition of regulated entity, for
paragraph (b) substitute--
"(b) a metropolitan water corporation;".
(3) In section 4A of the Water Industry Act 1994, in
the definition of regulated water industry, for
20 paragraph (b) substitute--
"(b) metropolitan water corporations;".
(4) In section 4A of the Water Industry Act 1994,
for the definition of Rural Water Authority
substitute--
25 "Rural Water Authority means--
(a) the Gippsland and Southern Rural
Water Corporation;
(b) the Goulburn-Murray Rural Water
Corporation;
30 (c) the Grampians Wimmera Mallee Water
Corporation;
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(d) the Lower Murray Urban and Rural
Water Corporation;
(e) any other body determined by the
Minister to be a Rural Water
5 Authority;".
(5) At the end of section 4A of the Water Industry
Act 1994 insert--
"(2) The Minister may determine that a water
corporation is a Regional Urban Water
10 Authority or a Rural Water Authority.
(3) A determination of the Minister under
subsection (2) must be in writing and must
be published in the Government Gazette.".
72 Codes
15 In section 4F(2) of the Water Industry Act
1994--
(a) in paragraph (e), for "principles." substitute
"principles;";
(b) after paragraph (e) insert--
20 "(f) recovery by regulated entities of
amounts persons are liable to pay to
regulated entities under Division 6 of
Part 13 of the Water Act 1989,
including--
25 (i) specifying any person or class of
person in respect of which powers
to charge interest on unrecovered
amounts may be used; and
(ii) the maximum rate of interest that
30 may be charged on unrecovered
amounts; and
(iii) whether a charge on a person's
property under section 274(4A) of
the Water Act 1989 will apply.".
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Part 3--Amendment of the Water Industry Act 1994
s. 73
73 Statement of Obligations
(1) Section 4I(1) of the Water Industry Act 1994 is
repealed.
(2) In section 4I(2)(a) of the Water Industry Act
5 1994, for "water authority" (wherever occurring)
substitute "regulated entity".
(3) In section 4I(3)(g) of the Water Industry Act
1994, for "water authority" substitute "regulated
entity".
10 (4) In section 4I(4) of the Water Industry Act 1994,
for "water authority" (wherever occurring)
substitute "regulated entity".
(5) In section 4I(5) of the Water Industry Act 1994,
for "water authority" (wherever occurring)
15 substitute "regulated entity".
(6) In section 4I(6)(a) of the Water Industry Act
1994, for "water authority" substitute "regulated
entity".
74 Repeal of licensing system
20 Part 2 of the Water Industry Act 1994 is
repealed.
75 Repeal of provisions relating to functions,
obligations and powers of licensees
Part 3 of the Water Industry Act 1994 is
25 repealed.
76 Sections 142 and 143 substituted
For sections 142 and 143 of the Water Industry
Act 1994 substitute--
"142 Agreement with metropolitan water
30 corporation with respect to rate collection
The rating authority may enter into an
agreement with a metropolitan water
corporation with respect to the collection by
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Part 3--Amendment of the Water Industry Act 1994
s. 77
that corporation, on behalf of the rating
authority, of any rate made and levied under
section 139 in respect of any land and any
interest payable in respect of that rate.
5 143 Rate collection by metropolitan water
corporations
The metropolitan water corporations must
collect, on behalf of the rating authority,
rates and interest referred to in section 142
10 that relate to the water districts or sewerage
districts of the metropolitan water
corporations on the terms and conditions
agreed with the rating authority or, in default
of agreement, determined by the
15 Commission.".
77 Repeal of sections 176 and 176A
Sections 176 and 176A of the Water Industry
Act 1994 are repealed.
78 Repeal of sections 177B and 177C
20 Sections 177B and 177C of the Water Industry
Act 1994 are repealed.
79 Repeal of sections 180 to 183A
Sections 180 to 183A of the Water Industry Act
1994 are repealed.
25 80 Repeal of Part 6A
Part 6A of the Water Industry Act 1994 is
repealed.
81 Definition of water supply authority
In section 191 of the Water Industry Act 1994,
30 in the definition of water supply authority,
paragraph (b) is repealed.
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Part 3--Amendment of the Water Industry Act 1994
s. 82
82 Insertion of new Part 10
After Part 9 of the Water Industry Act 1994
insert--
"PART 10--TRANSITIONAL PROVISIONS
5 197 Definitions
In this Part--
old licensee means a body set out in
Column 2 of the Table in Schedule lA
to the Water Act 1989;
10 old Statement of Obligations means a
Statement of Obligations under
section 8 as in force before the water
corporation commencement;
relevant water corporation, in relation to an
15 old licensee, means the water
corporation set out in Column 1 of the
Table in Schedule lA to the Water Act
1989 immediately opposite the old
licensee;
20 water corporation commencement has the
same meaning as in Schedule 17 to the
Water Act 1989.
198 Statement of Obligations
On the water corporation commencement, an
25 old Statement of Obligations issued to an old
licensee as in force immediately before that
day is taken to be a Statement of Obligations
issued under section 4I to the relevant water
corporation.
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Water Amendment (Governance and Other Reforms) Bill 2012
Part 3--Amendment of the Water Industry Act 1994
s. 82
199 Rate collection by metropolitan water
corporations
On the water corporation commencement,
any terms and conditions agreed between an
5 old licensee and the rating authority under
section 143 as in force immediately before
that day are taken to be terms and conditions
agreed between the relevant water
corporation and the rating authority under
10 that section.
200 Regulations
Despite the water corporation
commencement, any regulations made under
sections 50, 51, 52, 53 and 184 of the Water
15 Industry Act 1994 are taken to continue in
force as if any reference in those sections or
any regulations made under those sections to
licensee were a reference to metropolitan
water corporation.
20 __________________".
__________________
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Water Amendment (Governance and Other Reforms) Bill 2012
Part 4--Miscellaneous Amendment of Other Acts
s. 83
PART 4--MISCELLANEOUS AMENDMENT OF OTHER
ACTS
83 Amendment of the Building Act 1993
In section 221B(1) of the Building Act 1993--
5 (a) in paragraph (c) of the definition of
plumbing laws omit "and the Water
Industry Act 1994";
(b) for the definition of water authority
substitute--
10 "water authority means an Authority within
the meaning of the Water Act 1989
that has a water district or a sewerage
district under that Act.".
84 Amendment of the Crown Land (Reserves) Act 1978
15 (1) For section 14(4)(c) of the Crown Land
(Reserves) Act 1978 substitute--
"(c) a metropolitan water corporation within the
meaning of the Water Act 1989;".
(2) For section 15(8A)(b) of the Crown Land
20 (Reserves) Act 1978 substitute--
"(b) a metropolitan water corporation within the
meaning of the Water Act 1989;".
(3) In section 18(1) of the Crown Land (Reserves)
Act 1978, for "a person holding a licence issued
25 under Division 1 of Part 2 of the Water Industry
Act 1994" substitute "a metropolitan water
corporation within the meaning of the Water Act
1989".
(4) For section 18(3)(c) of the Crown Land
30 (Reserves) Act 1978 substitute--
"(c) in the case of an Order placing any land
under the control of a metropolitan water
corporation within the meaning of the Water
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Water Amendment (Governance and Other Reforms) Bill 2012
Part 4--Miscellaneous Amendment of Other Acts
s. 85
Act 1989 or Melbourne Water Corporation,
the Minister administering the Water Act
1989; and".
85 Amendment of the Environment Protection
5 Act 1970
In section 28A(2) of the Environment Protection
Act 1970, for the definition of sewerage authority
substitute--
"sewerage authority means an Authority, within
10 the meaning of the Water Act 1989 that has
a sewerage district under that Act;".
86 Amendment of the Fisheries Act 1995
For section 50A(2) of the Fisheries Act 1995
substitute--
15 "(2) In this section, water authority means an
Authority within the meaning of the Water
Act 1989 with a function under Part 8 or 11
of that Act.".
87 Amendment of the Geothermal Energy Resources
20 Act 2005
For section 82(1) of the Geothermal Energy
Resources Act 2005 substitute--
"(1) In this section, water authority means an
Authority within the meaning of the Water
25 Act 1989 that has a water district or a
sewerage district under that Act.".
88 Amendment of the Greenhouse Gas Geological
Sequestration Act 2008
For section 195(1) of the Greenhouse Gas
30 Geological Sequestration Act 2008 substitute--
"(1) In this section, water authority means an
Authority within the meaning of the Water
Act 1989 that has a water district or a
sewerage district under that Act.".
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Water Amendment (Governance and Other Reforms) Bill 2012
Part 4--Miscellaneous Amendment of Other Acts
s. 89
89 Amendment of the Health (Fluoridation) Act 1973
In section 2(1) of the Health (Fluoridation) Act
1973, in the definition of water supply authority,
paragraph (a) is repealed.
5 90 Amendment of the Limitation of Actions Act 1958
For section 7AB of the Limitation of Actions Act
1958 substitute--
"7AB No title by adverse possession against
water authorities
10 Despite any rule of law or provision made by
or under this or any other Act, but without
limiting section 7, the right, title or interest
of an Authority, within the meaning of the
Water Act 1989 to or in any land is not
15 affected by any possession of that land
adverse to the Authority irrespective of the
period of that possession.".
91 Amendment of Melbourne City Link Act 1995
In section 3 of the Melbourne City Link Act
20 1995, in the definition of public authority, for
paragraph (g) substitute--
"(g) a metropolitan water corporation within the
meaning of the Water Act 1989;".
92 Amendment of the Mineral Resources (Sustainable
25 Development) Act 1990
(1) In section 77B(1) of the Mineral Resources
(Sustainable Development) Act 1990--
(a) omit "or a licensee within the meaning of the
Water Industry Act 1994";
30 (b) omit "or licensee".
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Part 4--Miscellaneous Amendment of Other Acts
s. 93
(2) In section 77B(3) of the Mineral Resources
(Sustainable Development) Act 1990--
(a) in paragraph (a) omit "or a licensee within
the meaning of the Water Industry Act
5 1994";
(b) omit "or licensee" (wherever occurring).
(3) In section 77B(4), (5), (6), (7) and (8) of the
Mineral Resources (Sustainable Development)
Act 1990 omit "or licensee" (wherever occurring).
10 93 Amendment of the Petroleum Act 1998
For section 140(1) of the Petroleum Act 1998
substitute--
"(1) In this section, water authority means an
Authority within the meaning of the Water
15 Act 1989 that has a water district or a
sewerage district under that Act.".
94 Amendment of the Residential Tenancies Act 1997
(1) In section 52(d) of the Residential Tenancies Act
1997, for "the holder of a water and sewerage
20 licence issued under Division 1 of Part 2 of the
Water Industry Act 1994" substitute "a water
corporation under the Water Act 1989".
(2) In section 53(1)(e) of the Residential Tenancies
Act 1997, for "the holder of a water and sewerage
25 licence issued under Division 1 of Part 2 of the
Water Industry Act 1994" substitute "a water
corporation under the Water Act 1989".
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Water Amendment (Governance and Other Reforms) Bill 2012
Part 4--Miscellaneous Amendment of Other Acts
s. 95
95 Amendment of the Safe Drinking Water Act 2003
In section 3 of the Safe Drinking Water Act
2003--
(a) in the definition of water storage manager,
5 for paragraph (b) substitute--
"(b) a water corporation within the meaning
of the Water Act 1989 (other than the
Melbourne Water Corporation
constituted under that Act) that supplies
10 water to a water supplier;";
(b) in the definition of water supplier,
paragraph (a) is repealed.
__________________
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Water Amendment (Governance and Other Reforms) Bill 2012
Part 5--Repeal of Amending Act
s. 96
PART 5--REPEAL OF AMENDING ACT
96 Repeal of amending Act
This Act is repealed on 1 July 2014.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Water Amendment (Governance and Other Reforms) Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571108B.I-28/2/2012 85 BILL LA INTRODUCTION 28/2/2012
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