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PARLIAMENT OF VICTORIA
Water and Catchment Legislation Amendment
Bill 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 3
3 Principal Act 3
Part 2--Amendment of the Water Act 1989 4
4 Purposes 4
5 Definitions 4
6 New section 5A inserted 8
7 Contents of a Sustainable Water Strategy 8
8 Consultative committee--Sustainable Water Strategy 9
9 Preparation of a draft Sustainable Water Strategy 10
10 Consideration of draft Strategy by the Minister 11
11 Review of Sustainable Water Strategy 11
12 Section 22K substituted 12
13 Preparation of draft long-term water resources assessment 13
14 Consideration and publication of long-term water resources
assessment 13
15 Review following long-term water resources assessment 13
16 New section 22PA inserted 14
17 Consultative committees for review 15
18 Review process 15
19 Consultative committee 16
20 Preparation of draft management plan 16
21 Permanent qualification of rights to water 17
22 Functions of the Water Holder 17
23 Approval of Minister for underground disposal 18
24 Functions, powers and duties of water corporations 19
25 Sustainable management principles for water corporations 20
26 Substitution of Divisions 1AA, 1, 1A, 2, 3 and 4 of Part 6A of
the Principal Act 20
27 Power of Minister to change districts 23
28 Environmental and recreational areas 24
29 Repeal of section 122ZF 24
30 Customer dispute resolution 24
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Clause Page
31 Serviced properties 24
32 Serviced property, Melbourne Water Corporation 25
33 Information statements 26
34 By-laws 26
35 Draft plans for reconfiguration of infrastructure, consequential
amendment 26
36 Consequential amendment of heading to Division 1 of Part 8 26
37 Application of Division 1 of Part 8 26
38 Functions of Authorities 26
39 Exercise of functions of Authority outside its water supply
district 27
40 Fire plugs and free water 27
41 Water supply function of Melbourne Water Corporation 27
42 Exercise of functions of Authority outside its sewerage district 28
43 Section 179 substituted 28
44 Functions of Authorities 29
45 Preparation of regional waterway strategies 30
46 Closing of access by Authorities 31
47 Irrigation, amendment of definition 32
48 New Part 11A inserted 32
49 Properties subject to tariff 39
50 Tariffs 39
51 Section 273AA substituted 39
52 Payment to Authorities 39
53 Agreements with respect to the collection of fees under tariffs 40
54 Division 10 of Part 13 substituted 40
55 Requirements for preparation of allocation statement 44
56 Power of Minister to delegate 44
57 Regulations 45
58 New Part 16 inserted 47
Part 3--Repeal of spent and redundant provisions in the Water
Act 1989 58
59 Section 2A repealed 58
60 Protection from liability 58
61 Role of Minister 58
62 Definition and disallowance 58
63 Section 35 repealed 58
64 Application for bulk entitlement 58
65 Allocation of environmental entitlement 58
66 Licence to take and use water 58
67 Water supply function of Melbourne Water Corporation 59
68 Section 181 repealed 59
69 Sewerage functions of Melbourne Water Corporation 59
70 Closing of access by Authorities 59
71 Part 14A repealed 59
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Clause Page
72 Repeal of sections 330A, 330B and 330C consequent on the
repeal of Schedules 16 and 17 59
73 Sections 332 and 333 repealed 59
74 Schedule 4 repealed 59
75 Schedule 16 repealed 59
76 Schedule 17 repealed 60
77 Statute law revision 60
Part 4--Amendment of the Catchment and Land Protection
Act 1994 61
78 Definitions 61
79 Objectives of Act 62
80 Constitution and membership of Council 62
81 Functions, powers and duties of Authorities 62
82 New section 12A inserted 63
83 Contents of strategy 64
84 New section 27A inserted 64
85 Contents of plan 66
86 Amendment of Schedule 2 66
Part 4--Repeal of amending Act 68
87 Repeal of amending Act 68
═════════════
Endnotes 69
1 General information 69
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Water and Catchment Legislation
Amendment Bill 2017
A Bill for an Act to make miscellaneous amendments to the Water
Act 1989 and the Catchment and Land Protection Act 1994 and for
other purposes.
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are to--
(a) amend the Water Act 1989--
5 (i) in relation to Aboriginal cultural values
and uses of waterways; and
(ii) in relation to the social and recreational
uses and values of waterways; and
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Part 1--Preliminary
(iii) to include specified Aboriginal parties
in water resource planning and the
development and review of strategies;
and
5 (iv) in relation to water resource
assessments and strategies; and
(v) to further provide for the determination
of districts and for serviced properties;
and
10 (vi) to provide for functions of the Minister
in relation to salinity mitigation; and
(vii) to provide for salinity impact charges
and to validate the imposition of
salinity mitigation charges; and
15 (viii) to improve the operation of that Act;
and
(b) amend the Catchment and Land
Protection Act 1994--
(i) in relation to the Victorian Catchment
20 Management Council and Melbourne
Water Corporation; and
(ii) in relation to Aboriginal cultural values
and traditional ecological knowledge of
management of land and water
25 resources; and
(iii) to include specified Aboriginal parties
in the preparation of certain catchment
strategies and special area plans; and
(c) to make minor and related amendments to
30 those Acts.
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Part 1--Preliminary
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 30 October 2018, it comes into
operation on that day.
3 Principal Act
In this Act, the Water Act 1989 is called the
Principal Act.
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Part 2--Amendment of the Water Act 1989
Part 2--Amendment of the Water Act 1989
4 Purposes
After section 1(e) of the Principal Act insert--
"(ea) to ensure that Victoria's water resources and
5 waterways are managed in a way that
considers--
(i) Aboriginal cultural values and uses of
waterways; and
(ii) the social and recreational uses and
10 values of waterways;".
5 Definitions
(1) In section 3(1) of the Principal Act--
(a) for the definition of irrigation district
substitute--
15 "irrigation district, in relation to a water
corporation, means any district that is
determined to be or taken to be an
irrigation district of the water
corporation under Part 6A, including
20 (where the case so requires) any such
district as varied under that Part;";
(b) for the definition of sewerage district
substitute--
"sewerage district, in relation to a water
25 corporation, means any district that is
determined to be or taken to be a
sewerage district of the water
corporation under Part 6A, including
(where the case so requires) any such
30 district as varied under that Part;";
(c) the definition of water district is repealed;
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Part 2--Amendment of the Water Act 1989
(d) insert the following definition--
"water supply district, in relation to a water
corporation, means any district that is
determined to be or taken to be a water
5 supply district of the water corporation
under Part 6A, including (where the
case so requires) any such district as
varied under that Part;";
(e) for the definition of waterway management
10 district substitute--
"waterway management district, in relation
to an Authority, means any district that
is determined to be or taken to be a
waterway management district of the
15 Authority under Part 6A, including
(where the case so requires) any such
district as varied under that Part;";
(f) the definition of Coliban water district is
repealed.
20 (2) In section 3(1) of the Principal Act, for the
definition of serviced property substitute--
"serviced property means--
(a) land that is declared to be serviced
property under a notice under
25 section 144 or 179; and
(b) in relation to the waterway
management district of Melbourne
Water Corporation, the land that is
serviced property under section 144A;".
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Part 2--Amendment of the Water Act 1989
(3) In section 3(1) of the Principal Act insert the
following definitions--
"environmental area means land determined to be
an environmental area under section 122ZA;
5 recreational area means land determined to be a
recreational area under section 122ZA;".
(4) In section 3(1) of the Principal Act insert the
following definition--
"social and recreational uses and values, in
10 relation to waterways, means--
(a) the uses of waterways for social and
recreational purposes; and
(b) the economic, aesthetic and well-being
benefits that the community derives
15 from the use of waterways for social
and recreational purposes;".
(5) In section 3(1) of the Principal Act insert the
following definitions--
"determination of native title has the same
20 meaning as in section 225 of the Native Title
Act 1993 of the Commonwealth;
native title holder has the same meaning as in
section 224 of the Native Title Act 1993 of
the Commonwealth;
25 recognition and settlement agreement has the
same meaning as in the Traditional Owner
Settlement Act 2010;
specified Aboriginal party, in relation to an area,
means any of the following--
30 (a) if there are native title holders for the
whole or part of the area, the native title
holders;
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Part 2--Amendment of the Water Act 1989
(b) if there is a traditional owner group
entity appointed for the whole or part of
the area and that traditional owner
group entity is a party to a recognition
5 and settlement agreement, the
traditional owner group entity;
(c) if there is a registered Aboriginal party
within the meaning of the Aboriginal
Heritage Act 2006 for the whole or
10 part of the area, the registered
Aboriginal party;".
(6) In section 3(1) of the Principal Act, in the
definition of in-stream uses, for paragraph (b)
substitute--
15 "(b) the maintenance of aesthetic and scientific
values; and
(ba) the maintenance of Aboriginal cultural
values and uses of waterways and other
cultural values and uses of waterways; and".
20 (7) In section 3(1) of the Principal Act insert the
following definitions--
"Aboriginal person has the same meaning as the
Aboriginal Heritage Act 2006;
northern water resources means the water
25 resources referred to in the definition of
Basin water resources in the Water Act 2007
of the Commonwealth;".
(8) In section 3(1) of the Principal Act insert the
following definitions--
30 "annual salinity impact charge means a
charge fixed in a determination under
section 232B(1)(b);
capital works salinity impact charge means a
charge fixed in a determination under
35 section 232B(1)(a);
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Part 2--Amendment of the Water Act 1989
salinity impact charge means--
(a) a capital works salinity impact charge;
or
(b) an annual salinity impact charge;
5 salinity impact zone means an area of land that is
determined to be a salinity impact zone
under section 232;".
6 New section 5A inserted
After section 5 of the Principal Act insert--
10 "5A Relationship with the Traditional Owner
Settlement Act 2010
A requirement to give notice to or consult
with a specified Aboriginal party under
section 22E, 22M, 22R, 31 or 190 does not
15 affect any right or obligation under a land
use activity agreement or any other
agreement under the Traditional Owner
Settlement Act 2010.".
7 Contents of a Sustainable Water Strategy
20 After section 22C(2) of the Principal Act insert--
"(3) A Sustainable Water Strategy must also--
(a) consider opportunities to provide for
the following, consistently with the
requirements of this Act or any other
25 Act--
(i) Aboriginal cultural values and
uses of waterways in the region
for which the Strategy applies;
(ii) the social and recreational uses
30 and values of waterways in the
region for which the Strategy
applies; and
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Part 2--Amendment of the Water Act 1989
(b) take into account any of the following
agreements that are relevant to the
region to which the Strategy relates--
(i) a recognition and settlement
5 agreement and any further
agreement to a recognition and
settlement agreement;
(ii) an Aboriginal cultural heritage
land management agreement
10 within the meaning of the
Aboriginal Heritage Act 2006
that is recorded on the Victorian
Aboriginal Heritage Register
under section 145 of that Act; and
15 (c) take into account any determination of
native title that native title exists in
relation to the region for which the
Strategy applies; and
(d) have regard to any relevant economic
20 and environmental matters.
(4) In addition, a Sustainable Water Strategy that
addresses a decline or deterioration referred
to in section 22P(1)(a) or (b) that is
identified in a long-term water resources
25 assessment under Division 1C must set out
the action required to be taken to address the
matters referred to in section 22P(1)(c)
or (d).".
8 Consultative committee--Sustainable Water
30 Strategy
(1) In section 22D(1)(b) of the Principal Act, for
"section 22C(1)" substitute "section 22C(1),
(3) and (4)".
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Part 2--Amendment of the Water Act 1989
(2) For section 22D(2) of the Principal Act
substitute--
"(2) The Minister must make sure that, so far as
is possible, the membership consists of--
5 (a) persons who have knowledge or
experience in the matters to be covered
in a Sustainable Water Strategy; and
(b) at least one Aboriginal person residing
in Victoria who has knowledge or
10 experience in the matters to be covered
in a Sustainable Water Strategy.".
9 Preparation of a draft Sustainable Water Strategy
(1) For section 22E(b) of the Principal Act
substitute--
15 "(b) give notice of the preparation of the Strategy
to--
(i) any Authority whose interests the
Minister considers are likely to be
affected by the Strategy; and
20 (ii) each specified Aboriginal party for an
area that is wholly or partly within the
region for which the Strategy is being
prepared;".
(2) At the end of section 22E of the Principal Act
25 insert--
"(2) The set date in a notice under subsection
(1)(e) must be a day not less than 35 days
after the day on which the notice is
published.".
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Part 2--Amendment of the Water Act 1989
10 Consideration of draft Strategy by the Minister
After section 22G(2) of the Principal Act insert--
"(3) If the Minister endorses a Sustainable Water
Strategy for a region under subsection (1)(a)
5 or (b), the Minister may revoke or amend an
existing Sustainable Water Strategy for all or
part of the same region.
(4) If the Minister revokes or amends an existing
Sustainable Water Strategy under
10 subsection (3), the Minister must include a
notice of the revocation or amendment in the
Strategy that the Minister endorses.".
11 Review of Sustainable Water Strategy
(1) For section 22I(1) of the Principal Act
15 substitute--
"(1) The Minister must review a Sustainable
Water Strategy at the end of 10 years
following the endorsement of the Strategy
under section 22G(1).".
20 (2) After section 22I(2) of the Principal Act insert--
"(2A) Despite subsection (1), the Minister is not
required to review an endorsed Sustainable
Water Strategy for a region if--
(a) there is a later endorsed Sustainable
25 Water Strategy for all or part of the
same region; or
(b) the Minister is preparing a draft
Sustainable Water Strategy for all
or part of the same region and
30 has published a notice under
section 22E(1)(c) in relation to the
draft Sustainable Water Strategy.".
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Part 2--Amendment of the Water Act 1989
(3) After section 22I(4) of the Principal Act insert--
"(5) After endorsing a review of a Sustainable
Water Strategy, the Minister may amend the
Strategy.".
5 12 Section 22K substituted
For section 22K of the Principal Act substitute--
"22K Commencement of long-term water
resources assessments
The Minister must commence a long-term
10 water resources assessment--
(a) for northern water resources--
(i) by the end of 31 January 2025;
and
(ii) after that, by the end of the twelfth
15 year in each consecutive 15 year
period, where the first such period
commences on 1 February 2025;
and
(b) for water resources other than northern
20 water resources--
(i) by the end of 2 August 2018; and
(ii) after that, by the end of the twelfth
year in each consecutive 15 year
period, where the first such period
25 commences on 3 August 2021.
Note
The dates in paragraph (b) are calculated by reference
to the commencement of section 14 of the Water
(Resource Management) Act 2005, which came into
30 operation on 3 August 2006.".
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Part 2--Amendment of the Water Act 1989
13 Preparation of draft long-term water resources
assessment
For section 22M(a) of the Principal Act
substitute--
5 "(a) give notice of the preparation of the
assessment and the process by which the
assessment will be carried out to--
(i) any Authority whose interests the
Minister considers are likely to be
10 affected by the assessment; and
(ii) each specified Aboriginal party for an
area that is wholly or partly within the
area in which the water resources the
subject of the assessment are located;".
15 14 Consideration and publication of long-term water
resources assessment
In section 22O(3) of the Principal Act, for
"12 months" substitute "18 months".
15 Review following long-term water resources
20 assessment
(1) In section 22P of the Principal Act--
(a) for "cause a review to be undertaken"
substitute "undertake a review";
(b) in paragraph (d), for "waterways--"
25 substitute "waterways.";
(c) omit "having regard to any relevant social,
economic and environmental matters.".
(2) At the end of section 22P of the Principal Act
insert--
30 "(2) In undertaking a review under subsection (1),
the Minister must have regard to any
relevant--
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Part 2--Amendment of the Water Act 1989
(a) economic and environmental matters;
and
(b) Aboriginal cultural values and uses of
waterways; and
5 (c) social and recreational matters.
(3) Despite subsection (1), the Minister is not
required to undertake a review under that
subsection if the Minister endorses a
Sustainable Water Strategy or a review of a
10 Sustainable Water Strategy that determines
the action that is required to be taken to
address the matters referred to in
section 22P(1)(c) or (d).".
16 New section 22PA inserted
15 After section 22P of the Principal Act insert--
"22PA Time for completion of reviews etc.
following long-term water resources
assessment
(1) If a long-term water resources assessment
20 identifies a decline or deterioration referred
to in section 22P(1)(a) or (b), the Minister,
within 2 years and 6 months after the
Minister endorsed that assessment, must--
(a) endorse a Sustainable Water Strategy
25 or a review of a Sustainable Water
Strategy that sets out the action to be
taken to address the matters referred to
in section 22P(1)(c) or (d); or
(b) complete a review under section 22P
30 that set outs the action to be taken to
address the matters referred to in
section 22P(1)(c) or (d).
(2) Despite subsection (1), the Minister may
decide to extend the time to determine the
35 action required to be taken.
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Part 2--Amendment of the Water Act 1989
(3) The Minister must publish notice of a
decision under subsection (2) and reasons for
it on the Department's Internet site.
(4) Failure to endorse a Sustainable Water
5 Strategy or a review of a Sustainable Water
Strategy or to complete a review under
section 22P setting out the action that is
required to be taken to address the matters
referred to in section 22P(1)(c) or (d) within
10 the time specified in subsection (1) does not
affect--
(a) the validity of the Strategy or review;
or
(b) any action, including any action under
15 section 33AAB, the Minister takes
following the preparation of the
Strategy or completion of the review.".
17 Consultative committees for review
After section 22Q(2)(a)(iii) of the Principal Act
20 insert--
"(iv) the membership consists of at least one
Aboriginal person residing in Victoria
who has knowledge or experience in the
matters to be covered by the review;".
25 18 Review process
(1) For section 22R(1)(b) of the Principal Act
substitute--
"(b) give notice of the review to--
(i) any Authority or other person whose
30 interests the Minister considers are
likely to be affected by the review; and
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Part 2--Amendment of the Water Act 1989
(ii) each specified Aboriginal party for an
area that is wholly or partly within the
area to which the water resources the
subject of the review are related;".
5 (2) Section 22R(2) and (3) of the Principal Act are
repealed.
19 Consultative committee
After section 29(2)(a)(ii) of the Principal Act
insert--
10 "(iii) if there are one or more specified Aboriginal
parties for an area that is wholly or partly
within the area that is the subject of the
declaration, the membership consists of at
least one person who is a representative of
15 one of the specified Aboriginal parties;".
20 Preparation of draft management plan
(1) After section 31(1)(a) of the Principal Act
insert--
"(ab) give notice of the preparation of the draft
20 management plan and a copy of the draft
management plan to any specified
Aboriginal party for an area that is wholly or
partly within the area that is the subject of a
declaration under section 27(1); and".
25 (2) After section 31(1) of the Principal Act insert--
"(1AA) A notice under subsection (1)(ab) must--
(a) invite submissions on the draft
management plan to be made in the
manner specified in the notice; and
30 (b) set a date by which submissions must
be made, which must be a day not less
than 35 days after the day on which the
notice is issued.".
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Part 2--Amendment of the Water Act 1989
(3) At the foot of section 31 of the Principal Act
insert--
"Note
The preparation of a draft management plan may be a land
5 use activity under the Traditional Owner Settlement
Act 2010 if it relates to public land to which a land use
activity agreement under that Act applies.".
21 Permanent qualification of rights to water
For section 33AAB(1)(c) of the Principal Act
10 substitute--
"(c) any relevant--
(i) economic and environmental matters;
and
(ii) Aboriginal cultural values and uses of
15 waterways; and
(iii) social and recreational uses and values
of waterways.".
22 Functions of the Water Holder
At the end of section 33DD of the Principal Act
20 insert--
"(2) In performing its functions, the Water Holder
must consider opportunities to provide for
the following, consistently with its objectives
and the requirements of this Act or any other
25 Act--
(a) Aboriginal cultural values and uses of
waterways;
(b) the social and recreational uses and
values of waterways.".
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Part 2--Amendment of the Water Act 1989
23 Approval of Minister for underground disposal
After section 76(7) of the Principal Act insert--
"(8) The Minister may exempt a person from the
requirement to obtain approval under this
5 section to dispose of any matter underground
by means of a bore--
(a) if--
(i) the matter is to be injected into or
stored in a part of a geological
10 formation in a permit area under a
greenhouse gas assessment
permit; and
(ii) the Minister administering the
Offshore Petroleum and
15 Greenhouse Gas Storage
Act 2010 has consulted with the
Minister administering this section
at least 40 days before approving,
under section 291 of that Act, the
20 carrying on of key greenhouse gas
operations under the permit
referred to in subparagraph (i); or
(b) if--
(i) the matter is to be injected into or
25 stored in an identified greenhouse
gas storage formation in a lease
area under a greenhouse gas
holding lease; and
(ii) the Minister administering the
30 Offshore Petroleum and
Greenhouse Gas Storage
Act 2010 has consulted with the
Minister administering this section
at least 40 days before approving,
35 under section 329 of that Act, the
carrying on of key greenhouse gas
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Part 2--Amendment of the Water Act 1989
operations under the lease referred
to in subparagraph (i); or
(c) if--
(i) the matter is to be injected into or
5 stored in an identified greenhouse
gas storage formation in a licence
area under a greenhouse gas
injection licence; and
(ii) the Minister administering the
10 Offshore Petroleum and
Greenhouse Gas Storage
Act 2010 has consulted with the
Minister administering this section
at least 40 days before approving a
15 site plan for that injection licence
under regulations made under that
Act.
(9) In this section--
greenhouse gas assessment permit,
20 greenhouse gas holding lease,
greenhouse gas injection licence and
key greenhouse gas operation have the
same meanings as in the Offshore
Petroleum and Greenhouse Gas
25 Storage Act 2010.".
24 Functions, powers and duties of water corporations
After section 92(2) of the Principal Act insert--
"(2A) In performing functions conferred on it by or
under this Act, a water corporation must
30 consider opportunities to provide for the
following, consistently with its objectives
and the requirements conferred on it by or
under this Act or any other Act--
(a) Aboriginal cultural values and uses of
35 waterways;
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(b) the social and recreational uses and
values of waterways.".
25 Sustainable management principles for water
corporations
5 For section 93(c) of the Principal Act
substitute--
"(c) the need to integrate both long term and
short term--
(i) economic, environmental and equitable
10 considerations; and
(ii) Aboriginal cultural considerations; and
(iii) social and recreational considerations;
and".
26 Substitution of Divisions 1AA, 1, 1A, 2, 3 and 4 of
15 Part 6A of the Principal Act
For Divisions 1AA, 1, 1A, 2, 3 and 4 of Part 6A
of the Principal Act substitute--
"Division 1--Water supply, sewerage,
irrigation and waterway
20 management districts
122G Determination of districts
(1) The Minister may determine--
(a) a water supply district for an Authority
that is a water corporation; or
25 (b) a sewerage district for an Authority that
is a water corporation; or
(c) an irrigation district for an Authority
that is a water corporation; or
(d) a waterway management district for an
30 Authority.
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Part 2--Amendment of the Water Act 1989
(2) A district determined under subsection (1)
must be described in the determination by
reference to a plan lodged in the central plan
office.
5 (3) A determination under subsection (1) must
be published in the Government Gazette.
(4) A determination under subsection (1) takes
effect from the date specified in the
determination, which must be no earlier than
10 the date of publication of the determination.
122H Effect of determination on existing
districts
On a determination under section 122G
taking effect in relation to an Authority, any
15 district that the Authority had, immediately
before the taking effect of the determination,
that was of the same kind as the new district
and--
(a) that is wholly comprised by the new
20 district, is taken to be replaced by the
new district; or
(b) that is partly comprised by the new
district, is taken to be replaced by the
new district, to the extent of that part.
25 122I Variation or abolition of district
(1) The Minister, by determination, may vary or
abolish the whole or a part of a water supply
district, sewerage district, irrigation district
or waterway management district of an
30 Authority.
(2) The variation or abolition of a district under
a determination under subsection (1) must be
described in the determination by reference
to a plan lodged in the central plan office.
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(3) A determination under subsection (1) must
be published in the Government Gazette.
(4) A determination under subsection (1) takes
effect from the date specified in the
5 determination, which must be no earlier than
the date of publication of the determination.
122J Procedural requirements before making a
determination under this Division
Before making a determination under this
10 Division, the Minister--
(a) must consult with the Authority for
which the district is to be determined,
or that has the district that is to be
varied or abolished; and
15 (b) must consult with any other Authority
that has a district that may be affected
by the determination; and
(c) may consult with any other person, as
the Minister considers fit.
20 122K Considerations in making determination
under this Division
In making a determination under this
Division, the Minister must have regard to--
(a) any submissions received during
25 the course of consulting under
section 122J; and
(b) the public interest.
122L Saving of districts--Water and
Catchment Legislation Amendment
30 Act 2017
(1) On the commencement of section 5 of the
Water and Catchment Legislation
Amendment Act 2017 a water corporation
is taken to have, as a water supply district,
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Part 2--Amendment of the Water Act 1989
each water district that the water corporation
had immediately before the commencement
of that section, as if each district were
determined as a water supply district under
5 this Division.
(2) On the commencement of section 5 of the
Water and Catchment Legislation
Amendment Act 2017 a water corporation
is taken to have any sewerage district or
10 irrigation district that the water corporation
had immediately before the commencement
of that section, as if that sewerage or
irrigation district were determined as a
sewerage or irrigation district under this
15 Division.
(3) On the commencement of section 5 of the
Water and Catchment Legislation
Amendment Act 2017 an Authority is taken
to have any waterway management district
20 that the Authority had immediately before
the commencement of that section, as if that
waterway management district were
determined as a waterway management
district under this Division.
25 122M Waterway management district of
Melbourne Water Corporation
The waterway management district of
Melbourne Water Corporation is the land
shown delineated in red on the plan lodged
30 in the central plan office and numbered
LEGL./05-406.".
27 Power of Minister to change districts
In section 122Z(1) of the Principal Act--
(a) in paragraph (a)(i), for "water districts"
35 substitute "water supply districts";
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(b) in paragraphs (b), (c) and (e), for "water
district" substitute "water supply district".
28 Environmental and recreational areas
In section 122ZA(1)(b) of the Principal Act, for
5 "water district" substitute "water supply district".
29 Repeal of section 122ZF
Section 122ZF of the Principal Act is repealed.
30 Customer dispute resolution
In section 122ZG(4) of the Principal Act, for
10 "water district" substitute "water supply district".
31 Serviced properties
(1) In section 144(1) of the Principal Act--
(a) in paragraph (a), for "water district"
substitute "water supply district";
15 (b) for paragraph (c) of the Principal Act
substitute--
"(c) the land is within the Authority's
irrigation district and the Authority has
made provision for--
20 (i) water delivery services to the
land; or
(ii) irrigation drainage or salinity
mitigation services in relation to
the land or that directly benefit the
25 land; or".
(2) Section 144(2)(b) of the Principal Act is repealed.
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(3) For section 144(3) of the Principal Act
substitute--
"(3) The Authority must publish a notice under
subsection (1)--
5 (a) on the Internet site of the Authority for
at least 2 months before the date on
which the land becomes serviced
property; and
(b) in the Government Gazette.".
10 (4) In section 144(4) of the Principal Act--
(a) in paragraph (b)--
(i) for "water district" substitute "water
supply district";
(ii) after "specify the services available"
15 insert "and generally identify the land
to which the services are available";
(b) for paragraph (c) substitute--
"(c) in the case of a waterway management
district or irrigation district, specify the
20 services available or which are of direct
benefit and generally identify the land
to which the services are available or
which is directly benefitted by the
services; and".
25 32 Serviced property, Melbourne Water Corporation
At the end of section 144A of the Principal Act
insert--
"(2) If the waterway management district of
Melbourne Water Corporation is varied by a
30 determination under section 122I and the
waterway management district as varied does
not include properties that were in that
waterway management district before the
variation, the properties that are no longer
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Part 2--Amendment of the Water Act 1989
within that waterway management district
are taken not to be serviced properties for the
purposes of Melbourne Water Corporation's
powers, functions and duties under Part 10.".
5 33 Information statements
In section 158(3) of the Principal Act--
(a) in paragraph (c), for "outstanding."
substitute "outstanding;";
(b) after paragraph (c) insert--
10 "(d) whether or not the land is serviced
property and, if so, the purposes for
which the land is serviced property.".
34 By-laws
Section 160(1)(b) of the Principal Act is repealed.
15 35 Draft plans for reconfiguration of infrastructure,
consequential amendment
In section 161D of the Principal Act, for "water
district" substitute "water supply district".
36 Consequential amendment of heading to Division 1
20 of Part 8
In the heading to Division 1 of Part 8 of the
Principal Act, for "water district" substitute
"water supply district".
37 Application of Division 1 of Part 8
25 In section 162 of the Principal Act, for "water
district" substitute "water supply district".
38 Functions of Authorities
In section 163(1) of the Principal Act, for "water
district" substitute "water supply district".
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39 Exercise of functions of Authority outside its water
supply district
(1) Insert the following heading to section 164 of the
Principal Act--
5 "Exercise of functions of Authority outside its
water supply district".
(2) For section 164(2) of the Principal Act
substitute--
"(2) An Authority must not provide a service
10 under this Part outside its water supply
district unless--
(a) the service is capable of being
conveniently provided by the use of
resources that are not immediately
15 required in carrying out the Authority's
functions under this Act; and
(b) if the service relates to land in another
Authority's water supply district, that
Authority has agreed to the service
20 being provided.".
40 Fire plugs and free water
(1) In section 165(1) of the Principal Act, for "water
district" (where twice occurring) substitute
"water supply district".
25 (2) In section 165(4) of the Principal Act--
(a) in paragraph (a), for "water district"
substitute "water supply district";
(b) in paragraph (c), for "water district"
substitute "water supply district".
30 41 Water supply function of Melbourne Water
Corporation
In section 171B(a)(iv) of the Principal Act, for
"water district" substitute "water supply district".
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42 Exercise of functions of Authority outside its
sewerage district
(1) Insert the following heading to section 174 of the
Principal Act--
5 "Exercise of functions of Authority outside its
sewerage district".
(2) For section 174(2) of the Principal Act
substitute--
"(2) An Authority must not provide a service
10 under this Part outside its sewerage district
unless--
(a) the service is capable of being
conveniently provided by the use of
resources that are not immediately
15 required in carrying out the Authority's
functions under this Act; and
(b) if the service relates to land in another
Authority's sewerage district, that
Authority has agreed to the service
20 being provided.".
43 Section 179 substituted
For section 179 of the Principal Act substitute--
"179 Special sewerage services
(1) An Authority with the management and
25 control of a sewerage district may, by notice
in writing, declare any land within the
district to be a serviced property for the
purposes of providing services to the land
under sections 180 or 183.
30 (2) Section 144(2), (3) and (4) apply to a notice
under subsection (1) as if it were a notice
under section 144(1).
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(3) An Authority may impose a fee under a tariff
on a property that is a serviced property by
virtue of a notice under subsection (1), in
relation to any service provided by the
5 Authority under section 180 or 183.".
44 Functions of Authorities
(1) For section 189(1)(a) of the Principal Act
substitute--
"(a) to identify and plan for State and local
10 community needs relating to the uses and
values of waterways and land, including--
(i) environmental values; and
(ii) Aboriginal cultural values and uses;
and
15 (iii) social and recreational uses and values;
and
(iv) economic values;".
(2) For section 189(2) of the Principal Act
substitute--
20 "(2) In performing its functions under this Act, an
Authority that has a waterway management
district must--
(a) have regard to the need to maintain the
environmental water reserve in
25 accordance with the environmental
water reserve objective; and
(b) consider opportunities to provide for
the following, consistently with its
objectives and the requirements of this
30 Act or any other Act--
(i) Aboriginal cultural values and
uses of waterways;
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(ii) the social and recreational uses
and values of waterways.".
45 Preparation of regional waterway strategies
(1) In section 190(3) of the Principal Act--
5 (a) after paragraph (b) insert--
"(ba) take into account any of the following
agreements that are relevant to the area
or waterways to which the regional
waterway strategy applies--
10 (i) a recognition and settlement
agreement and any further
agreement to a recognition and
settlement agreement;
(ii) an Aboriginal cultural heritage
15 land management agreement
within the meaning of the
Aboriginal Heritage Act 2006
that is recorded on the Victorian
Aboriginal Heritage Register
20 under section 145 of that Act; and
(bb) take into account any determination of
native title that native title exists in
relation to the area to which the
regional waterway strategy applies;
25 and";
(b) in paragraph (c), for "section 197A."
substitute "section 197A; and";
(c) after paragraph (c) insert--
"(d) take into account--
30 (i) social and recreational uses and
values of waterways within its
waterway management district;
and
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(ii) Aboriginal cultural values and
uses of waterways and other
cultural values and uses of
waterways within its waterway
5 management district; and
(e) give notice of the preparation of the
regional waterway strategy to all
specified Aboriginal parties in relation
to the area to which the regional
10 waterway strategy applies.".
(2) For section 190(4) of the Principal Act
substitute--
"(4) A notice under subsection (3)(e) must--
(a) specify the location where a copy of the
15 proposed regional waterway strategy
may be obtained; and
(b) invite submissions on the proposed
regional waterway strategy to be made
in the manner specified in the notice;
20 and
(c) set a date by which submission must be
made, which must be a day not less
than 35 days after the day on which the
notice is given.".
25 46 Closing of access by Authorities
(1) In section 193(2) of the Principal Act--
(a) in paragraph (c), for "entitlement."
substitute "entitlement; or";
(b) after paragraph (c) insert--
30 "(d) any member of a traditional owner
group who has rights including
traditional owner rights in relation to
the waterway or designated land or
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works under a recognition and
settlement agreement; or
(e) any native title holder for the area who
has native title rights and interests
5 within the meaning of section 223 of
the Native Title Act 1993 of the
Commonwealth.".
(2) After section 193(8) of the Principal Act insert--
"(9) In this section--
10 traditional owner rights has the same
meaning as in the Traditional Owner
Settlement Act 2010.".
47 Irrigation, amendment of definition
In section 220(1) of the Principal Act, in the
15 definition of serviced property, for "section
144(1)(c)" substitute "section 144(1)(c)(i)".
48 New Part 11A inserted
After Part 11 of the Principal Act insert--
"Part 11A--Salinity mitigation
20 Division 1--Preliminary
232 Determination of salinity impact zones
(1) The Minister may determine an area of land
on which use of water on the land under
water-use licences causes or may cause an
25 increase in salinity to land or water to be a
salinity impact zone.
(2) Notice of the making of a determination
under subsection (1) must be published in the
Government Gazette.
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(3) A determination under subsection (1) has
effect--
(a) on the day on which notice of its
making is published in the Government
5 Gazette; or
(b) if a later day is specified in the
determination, that day.
(4) A determination under subsection (1) may
be amended in the same manner as that in
10 which it is made.
(5) In a determination under subsection (1), a
salinity impact zone may be described by
reference to a plan lodged in the central plan
office.
15 (6) The Minister must--
(a) publish a copy of each determination
under subsection (1) on the Internet site
of the Department, together with any
plan referred to in the determination;
20 and
(b) maintain the copy of the determination
and the plan on the Internet site for so
long as the determination remains in
force.
25 Division 2--Functions and powers of
the Minister
232A Functions and powers of the Minister as
to salinity mitigation
(1) The Minister has the following functions in
30 relation to salinity mitigation--
(a) to carry out works and measures to
mitigate or offset salinity impacts of
irrigation;
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(b) in relation to actions described in
paragraph (a)--
(i) to carry out research, investigation
and assessment into those actions
5 or the need for those actions; or
(ii) to meet the State's obligations
under the Murray-Darling Basin
Agreement in relation to those
actions;
10 (c) to operate and maintain works carried
out under paragraph (a) or other works
to mitigate or offset salinity impacts of
irrigation;
(d) to monitor groundwater, surface water
15 and irrigation development for salinity
impacts of irrigation;
(e) to develop and manage programs--
(i) to mitigate or offset salinity
impacts of irrigation; and
20 (ii) to improve irrigation, drainage
and other salinity mitigation or
offsetting practices;
(f) to monitor, evaluate, report on and
account for programs or other actions to
25 mitigate or offset salinity impacts of
irrigation;
(g) in relation to actions described in
paragraphs (c), (d), (e), and (f)--
(i) to carry out research, investigation
30 and assessment into those actions
or the need for those actions; or
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(ii) to meet the State's obligations
under the Murray-Darling Basin
Agreement in relation to those
actions.
5 (2) The Minister has all the powers that are
necessary to carry out the functions set out in
subsection (1).
Division 3--Imposition of salinity
impact charges
10 232B Fixing salinity impact charges
(1) The Minister may, by determination under
this Division, fix--
(a) a charge for the carrying out of the
functions set out in section 232A(1)(a)
15 and (b); and
(b) a charge for the carrying out of the
functions set out in section 232A(1)(c),
(d), (e), (f) and (g).
(2) In the determination under subsection (1)(a),
20 a capital works salinity impact charge may
be fixed by reference to--
(a) a fixed amount; or
(b) an amount fixed by reference to all or
any of the following--
25 (i) the salinity impact zone in which
land subject to the charge is
situated;
(ii) the class of change in use of water
on land subject to the charge;
30 (iii) annual use limits for water-use
licences subject to the charge;
(iv) any other relevant matter; or
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(c) an amount fixed by reference to a
formula calculated having regard to the
matters set out in paragraph (b); or
(d) any combination of amounts referred to
5 in paragraphs (a), (b) and (c).
(3) In the determination under subsection (1)(b),
an annual salinity impact charge may be
fixed by reference to--
(a) a fixed amount; or
10 (b) an amount fixed by reference to all or
any of the following--
(i) the salinity impact zone in which
land subject to the charge is
situated;
15 (ii) the class of change in use of water
on land subject to the charge;
(iii) annual use limits for water-use
licences subject to the charge;
(iv) any other relevant matter; or
20 (c) any combination of amounts referred to
in paragraphs (a) and (b).
(4) A capital works salinity impact charge or
annual salinity impact charge may be fixed
by reference to one case or a class of cases.
25 (5) Subject to this Act, a determination under
this section may make provision for with
respect to any of the following--
(a) persons or classes of persons who are
excepted from paying a charge;
30 (b) the method of payment of a charge,
including payment by instalments;
(c) any other necessary matter or thing.
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(6) A determination under this section must--
(a) be in writing; and
(b) be published in the Government
Gazette.
5 232C Annual adjustment of determined amount
(1) An amount fixed in a determination under
section 232B(1)(a) or (b) may be adjusted,
for each financial year that follows the
financial year in which the determination is
10 made, by the sum of the published consumer
price index numbers for the consecutive
reference periods in the period--
(a) commencing on 1 January in the
financial year 2 years earlier than the
15 financial year in respect of which the
adjustment is being made; and
(b) ending on the next following
31 December in the financial year
immediately preceding the financial
20 year in respect of which the adjustment
is being made.
(2) For the purposes of subsection (1), the
published consumer price index numbers
for the consecutive reference periods are the
25 numbers last published by the Australian
Bureau of Statics as at 15 April immediately
preceding the financial year in respect of
which the adjustment is being made.
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232D Imposition of capital works salinity
impact charge
(1) A capital works salinity impact charge may
be imposed as follows--
5 (a) on the holder of the water-use licence
that is issued and that authorises the use
of water on land in a salinity impact
zone;
(b) on the holder of a water-use licence, if
10 an annual use limit for the water-use
licence authorises the use of water on
land in a salinity impact zone and the
limit is varied to increase the limit;
(c) on the holder of a water-use licence,
15 if the water-use licence is varied to
authorise water to be used under the
licence on land that is in a salinity
impact zone.
(2) A capital works salinity impact charge may
20 be imposed--
(a) under subsection (1)(a), on the making
of the decision to issue the licence; and
(b) under subsection (1)(b), on the making
of the decision to vary the annual use
25 limit; and
(c) under subsection (1)(c), on the making
of the decision to authorise the use of
water in the salinity impact zone.
232E Imposition of annual salinity impact
30 charge
(1) An annual salinity impact charge may be
imposed on the holder of a water-use licence
if the water-use licence authorises water to
be used on land in a salinity impact zone.
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(2) An annual salinity impact charge may be
imposed under subsection (1) on an annual
basis.
232F Minister may except persons from
5 imposition of charge
In a determination under section 232B the
Minister may set out cases or classes of cases
in which a capital works salinity impact
charge or an annual salinity impact charge
10 that would otherwise be imposed on a
licence holder under section 232D or 232E
is not imposed on the licence holder.".
49 Properties subject to tariff
In section 258(1A) of the Principal Act, for
15 "water district" substitute "water supply district".
50 Tariffs
(1) Section 259(1)(c) of the Principal Act is repealed.
(2) Section 259(11) of the Principal Act is repealed.
51 Section 273AA substituted
20 For section 273AA of the Principal Act
substitute--
"273AA Application of Division
This Division does not apply--
(a) to Melbourne Water Corporation; or
25 (b) in relation to salinity impact charges.".
52 Payment to Authorities
(1) In section 274(1) of the Principal Act, for "unless
payment by instalments is available in accordance
with a resolution under subsection (1A) and the
30 person liable to pay the amount chooses to pay by
instalments in accordance with subsections (2)
and (3)" substitute "unless payment may be made
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by instalments and the person liable to pay the
amount chooses to pay by instalments in
accordance with subsections (2) and (3)".
(2) Section 274(1A), (1B), (1C) and (1D) of the
5 Principal Act are repealed.
(3) For section 274(2)(a) and (b) of the Principal Act
substitute--
"(a) a fee imposed on an annual basis under a
tariff; or".
10 (4) In section 274(3A) of the Principal Act omit
", on or after the commencement of section 195(2)
of the Water Industry Act 1994,".
53 Agreements with respect to the collection of fees
under tariffs
15 In section 281A(2) of the Principal Act, for
"water districts" substitute "water supply
districts".
54 Division 10 of Part 13 substituted
For Division 10 of Part 13 of the Principal Act
20 substitute--
"Division 10--Salinity impact charges
287A Minister may require payment of salinity
impact charges
(1) The Minister, by notice in writing, may
25 require a person on whom a capital works
salinity impact charge may be imposed under
section 232D to pay a capital works salinity
impact charge fixed in accordance with a
determination under section 232B(1)(a).
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(2) The Minister, by notice in writing, may
require a person on whom an annual salinity
impact charge may be imposed under
section 232E to pay an annual salinity
5 impact charge fixed in accordance with a
determination under section 232B(1)(b).
287AB Notice of salinity impact charges
(1) A notice under section 287A must specify--
(a) the amount of the salinity impact
10 charge, or, if the salinity impact charge
may be paid in instalments, the amount
of each instalment; and
(b) the date by which the person must pay
the salinity impact charge, or, if the
15 salinity impact charge may be paid in
instalments, the date by which the
person must pay each instalment; and
(c) whether the salinity impact charge is a
capital works salinity impact charge or
20 an annual salinity impact charge; and
(d) the property and the water use licence
to which the salinity impact charge
relates.
(2) A notice under section 287A is not invalid
25 merely because of a minor error or defect.
287AC Payment of salinity impact charges
(1) Subject to subsection (2), a salinity impact
charge must be paid by the date specified in
the notice given under section 287A, being a
30 date that is at least 28 days after the date of
issue of the notice.
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(2) If a salinity impact charge is payable in
instalments, each instalment must be paid by
the date specified in the notice, being a date
that is at least 14 days after the date of issue
5 of the notice.
287AD Unpaid salinity impact charges debts due
to Crown
Any unpaid salinity impact charge due to the
Minister (including interest) is a debt due to
10 the Crown by the person liable to pay the
charge and may be recovered in any court of
competent jurisdiction.
287AE Interest on unpaid salinity impact charges
(1) Any unpaid salinity impact charge bears
15 interest at the rate set from time to time for
the purposes of this section by the Minister
from the date specified in the notice under
section 287A by which the person must pay
the charge to the date that it is paid.
20 (2) The rate set by the Minister must not be
more than the rate fixed from time to time
for the purposes of subsection (1) by the
Essential Services Commission under a Code
under section 4F of the Water Industry
25 Act 1994.
(3) If the Minister sets a new rate, the new rate
takes effect on the date set by the Minister
and applies from that date to all salinity
impact charges (other than interest) owing to
30 the Minister on that date.
(4) No interest is payable if the person liable to
pay the amount has arranged with the
Minister for payment by instalments of the
amount due, and any instalments that have
35 become due have been paid by the date
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specified in the notice under section 287A
for the instalments.
(5) The Minister may exempt any person from
paying the whole or any part of any interest
5 either generally or specifically.
287AF Unpaid salinity impact charges are
charges on property
(1) If a person who owns property and has a
water use licence that authorises the use of
10 water on the property is liable to pay a
salinity impact charge to the Minister in
relation to the licence, any unpaid amount of
the salinity impact charge is a charge on the
property, whether or not the Minister has
15 agreed to defer the payment of the whole or
any part of that amount.
(2) A person who becomes the owner of a
property must pay to the Minister at the time
the person becomes the owner of the
20 property any amount that is a charge under
this section on that property.
287AG Collection of salinity impact charges
(1) The Minister may collect a salinity impact
charge from a person on whom the charge is
25 imposed.
(2) Section 9(2) of the Financial Management
Act 1994 does not apply to the collection
under this Division of salinity impact
charges by the Minister.
30 287AH Application of salinity impact charges
(1) The Minister may apply salinity impact
charges that have been collected--
(a) for the payment of such amounts as are
determined or required by the Minister
35 to perform the Minister's functions in
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Part 2--Amendment of the Water Act 1989
relation to salinity mitigation under
section 232A; and
(b) for the payment of the costs of the
administration of Part 11A and this
5 Division.
(2) For the purposes of subsection (1)(a), the
Minister may apply salinity impact charges
that have been collected for the payment of
amounts in relation to--
10 (a) land within Victoria, whether or not the
land is within a salinity impact zone; or
(b) land that is outside of Victoria, if the
application of the charges is to meet
the State's obligations under the
15 Murray-Darling Basin Agreement.".
55 Requirements for preparation of allocation
statement
In section 287F(1) of the Principal Act--
(a) for "water corporations" (wherever
20 occurring) substitute "Authorities";
(b) for "a water corporation" substitute
"an Authority";
(c) for "another water corporation" substitute
"another Authority".
25 56 Power of Minister to delegate
(1) In section 306(1)(b) of the Principal Act--
(a) after "62A," insert "232, 232B,";
(b) after "283(3B)" insert ", 287AH(2)(b)".
(2) After section 306(4) of the Principal Act insert--
30 "(5) To avoid doubt, if the Minister delegates
a power, discretion, function, authority or
duty under section 232A, 287A, 287AG
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Part 2--Amendment of the Water Act 1989
or 287AH(1) or (2)(a) to an Authority, the
Minister may give directions in writing to
the Authority in relation to the exercise or
performance of the power, discretion,
5 function, authority or duty.".
57 Regulations
In section 324(1) of the Principal Act--
(a) in paragraph (ab), after "licence," insert
"permit,";
10 (b) in paragraph (b), for "a water corporation"
substitute "an Authority";
(c) for paragraph (c) substitute--
"(c) the control, management and use of
environmental areas and recreational
15 areas under the control and
management of an Authority, including
but not limited to--
(i) the control, management and use
of the land, services and facilities
20 in the area, including fees for the
provision or use of any such
services or facilities or for entry to
land on which such services or
facilities are situated; and
25 (ii) the protection of the land, services
and facilities; and
(iii) the protection of people in the area
from injury or nuisance; and
(iv) setting aside areas in which
30 activities may be permitted,
restricted or prohibited; and
(v) the conservation and preservation
of flora, fauna and habitat in the
area; and
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Part 2--Amendment of the Water Act 1989
(vi) the control of the introduction of
any new flora or fauna to the area;
and
(vii) the control of the numbers of any
5 flora or fauna in the area; and
(ca) the granting of leases or licences for
environmental areas and recreational
areas, and in particular as to the
following matters--
10 (i) the Authority that may grant any
such lease or licence, which must
be the Authority that has the
management and control of the
area and that has a proprietary
15 interest in the area;
(ii) the purposes for which any such
lease or licence may be granted,
which must be for activities
carried on in, or things introduced
20 into, the area; and
(cb) the charging of fees for leases or
licences over environmental areas and
recreational areas; and
(cc) the powers of the Authority in relation
25 to the removal of any unregistered or
abandoned motor vehicle from an
environmental area or a recreational
area and its subsequent sale, including
provisions about--
30 (i) notice of removal; and
(ii) surrender of the motor vehicle to
its owner or an agent of the
owner; and
(iii) sale of the motor vehicle; and
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Part 2--Amendment of the Water Act 1989
(iv) the circumstances in which clear
title to the motor vehicle passes on
sale; and
(v) disposal of the proceeds of sale;
5 and
(vi) protection of the Authority from
liability in relation to payments of
the proceeds of sale; and
(vii) any other necessary or convenient
10 matter; and".
58 New Part 16 inserted
After Part 15 of the Principal Act insert--
"Part 16--Transitional, validation
and other provisions--Water and
15 Catchment Legislation Amendment
Bill 2017
Division 1--Serviced property,
transitional and validation provisions
335 Definitions
20 In this Division--
amending Act means the Water and
Catchment Legislation Amendment
Act 2017;
serviced property commencement means the
25 day on which section 5(2) of the
amending Act comes into operation.
336 Serviced property immediately before the
serviced property commencement
On the serviced property commencement,
30 any property that was, immediately before
that commencement--
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Part 2--Amendment of the Water Act 1989
(a) serviced property because of
paragraph (c), (d), (e), (f), (g) or (h)
of the definition of serviced property
in section 3(1) (as in force immediately
5 before that commencement) is taken to
be serviced property as if it had been
declared to be serviced property under
section 144(1); and
(b) deemed to be serviced property within
10 the meaning of section 220(1) because
of clause 12 of Schedule 15, is taken to
be serviced property as if it had been
declared to be serviced property under
section 144(1)(c)(i).
15 337 Certain land taken to be serviced property
(1) Within 12 months of the serviced property
commencement--
(a) an Authority may--
(i) identify land as serviced property
20 for the purposes of Part 8, 9, 10
or 11; and
(ii) lodge a plan in the central plan
office under this section showing
the identified land; and
25 (b) as soon as practicable after the plan is
lodged in the central plan office under
subsection (1), the Authority must
publish notice of the plan in the
Government Gazette.
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Part 2--Amendment of the Water Act 1989
(2) Any land identified in the plan notified in
the Government Gazette under subsection
(1)(b)--
(a) as serviced property for the purposes of
5 Part 8 is taken to be land declared to be
serviced property by the Authority
under section 144(1)(a); or
(b) as serviced property for the purposes of
Part 9 is taken to be land declared to be
10 serviced property by the Authority
under section 144(1)(b); or
(c) as serviced property for the purposes
of--
(i) water delivery services to the land
15 under Part 11 is taken to be land
declared to be serviced property
by the Authority under section
144(1)(c)(i); or
(ii) irrigation drainage or salinity
20 mitigation services under Part 11
in relation to the land or that
directly benefit the land, is taken
to be serviced property by the
Authority under section
25 144(1)(c)(ii); or
(d) as serviced property for the purposes of
Part 10 is taken to be land declared to
be serviced property by the Authority
under section 144(1)(d).
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Part 2--Amendment of the Water Act 1989
(3) For the purposes of this section, land may be
identified as serviced property in a plan
lodged under subsection (1) by an Authority
if--
5 (a) for Part 8, the land--
(i) is within the water supply district
of the Authority; and
(ii) the Authority has made provision
for water supply services to the
10 land; and
(iii) the Authority identifies the land
on the plan lodged under this
section as land to which the
services have been provided; and
15 (iv) the Authority has imposed or
purported to impose fees under a
tariff under section 259 for the
provision of those services to that
land for 2 years or more before the
20 serviced property commencement;
or
(b) for Part 9, the land--
(i) is within the sewerage district of
the Authority; and
25 (ii) the Authority has made provision
for sewerage services to the land;
and
(iii) the Authority identifies the land
on a plan prepared under this
30 section as land to which the
services have been provided; and
(iv) the Authority has imposed or
purported to impose fees under a
tariff under section 259 for the
35 provision of those services to that
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Part 2--Amendment of the Water Act 1989
land for 2 years or more before the
serviced property commencement;
or
(c) for Part 11, the land--
5 (i) is within the irrigation district of
the Authority; and
(ii) the Authority has made provision
for--
(A) water delivery services to the
10 land; or
(B) irrigation drainage or salinity
mitigation services in
relation to the land or that
directly benefit the land; and
15 (iii) the Authority identifies the land
on a plan prepared under this
section as land for which the
Authority has made provision for
those services; and
20 (iv) the Authority has imposed or
purported to impose fees under a
tariff under section 259 for the
provision of those services to that
land for 2 years or more before the
25 serviced property commencement;
or
(d) for Part 10, the land--
(i) is within the waterway
management district of the
30 Authority; and
(ii) the Authority has made provision
for regional drainage or floodplain
management services that are of
direct benefit to the land; and
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Part 2--Amendment of the Water Act 1989
(iii) the Authority identifies the land
on a plan prepared under this
section as land for which the
Authority has made provision for
5 those services; and
(iv) the Authority has imposed or
purported to impose fees under a
tariff under section 259 for the
provision of those services to that
10 land for 2 years or more before the
serviced property commencement.
338 Certain properties taken to have been
serviced properties for the purposes of
fees for services under Parts 8, 9, 10
15 and 11
This Act is taken to have applied to any fee
to which section 337(3)(a)(iv), (b)(iv), (c)(iv)
or (d)(iv) applies as if, at the time at which
the fee was imposed or purported to be
20 imposed and for the period to which the fee
was related or purported to be related, the
property was serviced property.
Division 2--Validation of charges in
relation to salinity mitigation
25 339 Meaning of validation date
In this Division--
validation date means 31 October 2017.
340 Validation provision in respect of
section 287A
30 (1) Subject to section 342--
(a) a requirement to make a payment or a
number of payments, or a purported
requirement to make a payment or a
number of payments, under section
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Part 2--Amendment of the Water Act 1989
287A(1) as in force at any time before
the validation date is to be taken to be,
and always to have been, a valid
requirement, despite a failure by any
5 person to comply with that section; and
(b) any payment collected or received, or
purportedly collected or received, under
or for the purposes of section 287A(1)
as in force at any time before the
10 validation date is to be taken to be, and
always to have been, validly collected
or received, despite a failure by any
person to comply with that section; and
(c) any action, matter or thing taken,
15 arising or done as a result or
consequence of, or in reliance upon,
such a requirement, collection or
receipt or purported requirement,
collection or receipt, whether under this
20 Act or otherwise, is taken to be, and to
always have been, valid and effective.
(2) Without limiting subsection (1), that
subsection applies with respect to the
following--
25 (a) a failure to consider either of the
following matters in making a decision
under or for the purposes of section
287A(1) as in force at any time before
the validation date--
30 (i) a change in use (however
described) as specified in section
287A(1)(a) as in force at any time
before the validation date;
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Part 2--Amendment of the Water Act 1989
(ii) whether particular works or
measures carried out, or to be
carried out, offset the impact of
change in use on the environment;
5 (b) a failure to comply with section 287A
as in force at any time before the
validation date in respect of one or
more of the following matters--
(i) the nature or location of particular
10 works or measures carried out, or
to be carried out, including but not
limited to whether the particular
works or measures are capital
works or measures, or relate to
15 operation and maintenance;
(ii) the person or body that carried
out, or is to carry out, particular
works or measures;
(iii) the giving of, or failure to give,
20 notices;
(iv) the matters specified, or not
specified, in notices;
(c) a failure to comply with section 287A
as in force at any time before the
25 validation date in respect of the
property to which a requirement to
make a particular payment or a number
of particular payments purported to
relate, including but not limited to the
30 following--
(i) that the person imposing the
requirement did so on the basis
that the person was satisfied that
particular environmental impacts
35 were a result of a change in use in
respect of that property and other
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Part 2--Amendment of the Water Act 1989
properties, rather than a change in
use in respect of that property
only;
(ii) otherwise in relation to the
5 ownership or location of the
property;
(d) compliance, or lack of compliance,
with a policy direction issued by the
Minister.
10 (3) To avoid doubt, a reference in this section to
particular works or measures to be carried
out includes a reference to particular works
or measures to be carried out after the
commencement of this section.
15 341 Validation provision in respect of
section 64R
(1) Subject to section 342--
(a) a fee relating to salinity mitigation or
offsetting that is fixed, or purportedly
20 fixed, under section 64R as in force at
any time before the validation date is
to be taken to be, and always to have
been, validly fixed, despite a failure by
any person to comply with that section;
25 and
(b) a fee relating to salinity mitigation or
offsetting that is collected or received,
or purportedly collected or received,
under or for the purposes of section
30 64R as in force at any time before the
validation date is to be taken to be, and
always to have been, validly collected
or received, despite a failure by any
person to comply with that section; and
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Part 2--Amendment of the Water Act 1989
(c) any action, matter or thing taken,
arising or done as a result or
consequence of, or in reliance upon,
such a fixing, collection or receipt or
5 purported fixing, collection or receipt,
whether under this Act or otherwise, is
taken to be, and to always have been,
valid and effective.
(2) Without limiting subsection (1), that
10 subsection applies with respect to a failure to
provide services of a particular kind or to a
particular person.
342 Proceedings on foot not affected
(1) Despite section 340 and 341, nothing in
15 those sections is to be taken to affect the
outcome of proceedings that had commenced
in a court or tribunal before the validation
date, but were not completed as at that date.
(2) For the purposes of subsection (1),
20 proceedings are completed when any period
for appeal or review in relation to matters
arising in the proceedings has expired.
Division 3--Salinity impact charge
determinations
25 343 Regulatory impact statement not required
for first salinity impact charge
determinations
(1) Section 12E of the Subordinate Legislation
Act 1994 does not apply to--
30 (a) the first determination made under
section 232 immediately after the
commencement of that section and any
amendment of that determination; and
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Part 2--Amendment of the Water Act 1989
(b) the first determination made under
section 232B immediately after the
commencement of that section and any
amendment of that determination.
5 (2) A determination referred to in subsection (1)
expires 12 months from the day on which it
is published in the Government Gazette.".
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Part 3--Repeal of spent and redundant provisions in the Water Act 1989
Part 3--Repeal of spent and redundant
provisions in the Water Act 1989
59 Section 2A repealed
Section 2A of the Principal Act is repealed.
5 60 Protection from liability
In section 17(1) of the Principal Act omit
"or section 74 of the Water Industry Act 1994".
61 Role of Minister
Section 22(4) of the Principal Act is repealed.
10 62 Definition and disallowance
Section 34(1)(b) of the Principal Act is repealed.
63 Section 35 repealed
Section 35 of the Principal Act is repealed.
64 Application for bulk entitlement
15 Section 36(1)(e) of the Principal Act is repealed.
65 Allocation of environmental entitlement
In section 48B(1) of the Principal Act--
(a) in paragraph (d), for "Corporation; or"
substitute "Corporation.";
20 (b) paragraph (e) is repealed.
66 Licence to take and use water
In section 51(1) of the Principal Act--
(a) in paragraph (c), for "Authority; or"
substitute "Authority.";
25 (b) paragraph (d) is repealed.
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Part 3--Repeal of spent and redundant provisions in the Water Act 1989
67 Water supply function of Melbourne Water
Corporation
(1) Section 171B(a)(i) and (ii) of the Principal Act
are repealed.
5 (2) In section 171B(c) of the Principal Act,
for "paragraph (a)(i) to (vi)" substitute
"paragraphs (a)(iii) to (vi)".
68 Section 181 repealed
Section 181 of the Principal Act is repealed.
10 69 Sewerage functions of Melbourne Water
Corporation
Section 184A(a)(i) of the Principal Act is
repealed.
70 Closing of access by Authorities
15 In section 193(8) of the Principal Act omit
"or section 62 of the Water Industry Act 1994".
71 Part 14A repealed
Part 14A of the Principal Act is repealed.
72 Repeal of sections 330A, 330B and 330C consequent
20 on the repeal of Schedules 16 and 17
Sections 330A, 330B and 330C of the Principal
Act are repealed.
73 Sections 332 and 333 repealed
Sections 332 and 333 of the Principal Act are
25 repealed.
74 Schedule 4 repealed
Schedule 4 of the Principal Act is repealed.
75 Schedule 16 repealed
Schedule 16 of the Principal Act is repealed.
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Part 3--Repeal of spent and redundant provisions in the Water Act 1989
76 Schedule 17 repealed
Schedule 17 of the Principal Act is repealed.
77 Statute law revision
For section 145(1)(d) and (e) of the Principal Act
5 substitute--
"(a) after service of a notice of contravention on
the person under section 151; or
(b) if no notice of contravention is served, after
conviction of the person for the offence.".
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Part 4--Amendment of the Catchment and Land Protection Act 1994
Part 4--Amendment of the Catchment and
Land Protection Act 1994
78 Definitions
(1) In section 3(1) of the Catchment and Land
5 Protection Act 1994 insert the following
definitions--
"Melbourne Water Corporation has the same
meaning as in the Water Act 1989;
waterway management district has the same
10 meaning as in the Water Act 1989.".
(2) In section 3(1) of the Catchment and Land
Protection Act 1994 insert the following
definitions--
"Aboriginal person has the same meaning as the
15 Aboriginal Heritage Act 2006;
determination of native title has the same
meaning as in section 225 of the Native Title
Act 1993 of the Commonwealth;
native title holder has the same meaning as in
20 section 224 of the Native Title Act 1993 of
the Commonwealth;
recognition and settlement agreement has the
same meaning as in the Traditional Owner
Settlement Act 2010;
25 specified Aboriginal party, in relation to an area,
means any of the following--
(a) if there are native title holders for the
whole or part of the area, the native title
holders;
30 (b) if there is a traditional owner group
entity appointed for the whole or part of
the area and that traditional owner
group entity is a party to a recognition
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Part 4--Amendment of the Catchment and Land Protection Act 1994
and settlement agreement, the
traditional owner group entity;
(c) if there is a registered Aboriginal party
within the meaning of the Aboriginal
5 Heritage Act 2006 for the whole or
part of the area, the registered
Aboriginal party;
traditional owner group entity has the same
meaning as in the Traditional Owner
10 Settlement Act 2010;".
79 Objectives of Act
In section 4(c) of the Catchment and Land
Protection Act 1994, after "resource managers"
insert ", specified Aboriginal parties".
15 80 Constitution and membership of Council
In section 7(2) of the Catchment and Land
Protection Act 1994--
(a) in paragraph (c), for "Secretary." substitute
"Secretary; and";
20 (b) after paragraph (c) insert--
"(d) the Minister, so far as possible, must
recommend for appointment an
Aboriginal person with experience and
knowledge of Aboriginal cultural
25 values and traditional ecological
knowledge of management of land and
water resources.".
81 Functions, powers and duties of Authorities
In section 12(1)(c) of the Catchment and Land
30 Protection Act 1994, after "in the region" insert
", including representatives of specified
Aboriginal parties,".
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Part 4--Amendment of the Catchment and Land Protection Act 1994
82 New section 12A inserted
After section 12 of the Catchment and Land
Protection Act 1994 insert--
"12A Functions, powers and duties of
5 Melbourne Water Corporation
(1) Melbourne Water Corporation has the
following functions in respect of the
waterway management district of Melbourne
Water Corporation--
10 (a) to prepare special water supply
catchment area plans for water supply
catchment areas in the district and to
co-ordinate and monitor the
implementation of special water
15 supply catchment area plans; and
(b) to promote the co-operation of persons
and bodies involved in the management
of land and water resources in the
district, including specified Aboriginal
20 parties, in preparing and implementing
special water supply catchment area
plans for the district.
(2) Melbourne Water Corporation has power to
do all things that are necessary or convenient
25 to be done for or in connection with, or as
incidental to, the performance of its
functions under this Act.
(3) Subsection (2) is not limited by any other
provision of this Act that confers a power on
30 Melbourne Water Corporation.
(4) Melbourne Water Corporation has the duties
conferred on it by or under this Act.".
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Part 4--Amendment of the Catchment and Land Protection Act 1994
83 Contents of strategy
After section 24(2)(b) of the Catchment and
Land Protection Act 1994 insert--
"(ba) have regard to Aboriginal cultural values and
5 traditional ecological knowledge of
management of land and water resources of
the catchments in the region; and".
84 New section 27A inserted
After section 27 of the Catchment and Land
10 Protection Act 1994 insert--
"27A Special water supply catchment areas
in Melbourne Water Corporation's
waterway management district
(1) Melbourne Water Corporation may
15 recommend to the Minister that--
(a) land in its waterway management
district should be declared a special
water supply catchment area; or
(b) the declaration of a special water
20 supply catchment area in Melbourne
Water Corporation's waterway
management district should be revoked
or amended.
(2) The Minister must consider the
25 recommendation, having regard to how the
existing or potential use of the area may
adversely affect--
(a) water quality or aquatic habitats in the
area; or
30 (b) aquifer recharge areas or aquifer
discharge areas in the area.
(3) After complying with subsection (2) the
Minister may accept or reject Melbourne
Water Corporation's recommendation.
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Part 4--Amendment of the Catchment and Land Protection Act 1994
(4) If the Minister accepts Melbourne Water
Corporation's recommendation the Minister
may recommend that the Governor in
Council make an Order under this section.
5 (5) On the Minister's recommendation under
subsection (4) the Governor in Council, by
Order published in the Government Gazette,
may--
(a) declare land to be a special water
10 supply catchment area; or
(b) revoke or amend that declaration.
(6) A declaration under subsection (5) may
include roads and roadsides as part of a
special water supply catchment area.
15 (7) In this Act or any other enactment, in
relation to special water supply catchment
area plans made under section 12A and land
use conditions imposed under special water
supply catchment area plans made under that
20 section--
(a) a reference to special area plan
includes a reference to special water
supply catchment area plan made
under section 12A; and
25 (b) a reference to Authority includes
Melbourne Water Corporation; and
(c) a reference to region or catchment
and land protection region includes a
reference to the waterway management
30 district of Melbourne Water
Corporation under the Water
Act 1989.".
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Part 4--Amendment of the Catchment and Land Protection Act 1994
85 Contents of plan
After section 30(1)(a) of the Catchment and
Land Protection Act 1994 insert--
"(ab) have regard to Aboriginal cultural values and
5 traditional ecological knowledge of
management of land and water resources of
the special area to which the plan applies;
and".
86 Amendment of Schedule 2
10 (1) In Schedule 2 to the Catchment and Land
Protection Act 1994, after clause 2(3)(b) insert--
"(ba) a representative of any specified Aboriginal
party for an area that is wholly or partly
within the area affected by the management
15 plan; and".
(2) In Schedule 2 to the Catchment and Land
Protection Act 1994, after clause 2(4) insert--
"(4A) For the purposes of subclause (3)(ba), an
Authority must give notice of the preparation
20 of a management plan to each specified
Aboriginal party for an area that is wholly or
partly within the area affected by the
management plan.
(4B) A notice under subclause (4A) must--
25 (a) specify the location of the management
plan; and
(b) invite submissions on the management
plan to be made in the manner specified
in the notice by the date specified in
30 subclause (4)(c).".
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Water and Catchment Legislation Amendment Bill 2017
(3) In Schedule 2 to the Catchment and Land
Protection Act 1994, after clause 2(5) insert--
"(6) In preparing a management plan the
Authority must take into account--
5 (a) any of the following agreements that
are relevant to the area affected by the
management plan--
(i) a recognition and settlement
agreement and any further
10 agreement to a recognition and
settlement agreement;
(ii) an Aboriginal cultural heritage
land management agreement
within the meaning of the
15 Aboriginal Heritage Act 2006
that is recorded on the Victorian
Aboriginal Heritage Register
under section 145 of that Act; and
(b) any determination of native title that
20 native title exists in relation to the area
affected by the management plan.".
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Water and Catchment Legislation Amendment Bill 2017
Part 4--Repeal of amending Act
Part 4--Repeal of amending Act
87 Repeal of amending Act
This Act is repealed on 30 October 2019.
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 and Catchment Legislation Amendment Bill 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
581262B.I-31/10/2017 69 BILL LA INTRODUCTION 31/10/2017
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