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Water and Catchment Legislation Amendment
Act 2019
No. of 2019
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 Certain provisions to bind the Crown 8
7 New section 5A inserted 9
8 New section 6AA inserted 9
9 Contents of a Sustainable Water Strategy 10
10 Consultative committee--Sustainable Water Strategy 11
11 Preparation of a draft Sustainable Water Strategy 12
12 Consideration of draft Strategy by the Minister 12
13 Review of Sustainable Water Strategy 13
14 Section 22K substituted and new section 22KA inserted 14
15 Preparation of draft long-term water resources assessment 15
16 Consideration and publication of long-term water resources
assessment 15
17 Review following long-term water resources assessment 16
18 New section 22PA inserted 17
19 Consultative committees for review 18
20 Review process 18
21 Consultative committee 18
22 Preparation of draft management plan 19
23 Permanent qualification of rights to water 19
24 Functions of the Water Holder 20
25 Section 33E substituted and new sections 33EA and 33EB
inserted 20
26 New section 55A inserted 24
27 Renewal of licence 24
28 Section 60 substituted and new section 60A inserted 25
29 Transfer of licence 27
30 Section 63 substituted and new sections 63A and 63B inserted 28
i
Clause Page
31 Review of decisions 33
32 New section 70A inserted 33
33 Renewal of licence 33
34 Transfer of licence 34
35 New sections 74AB and 74AC inserted 34
36 Offences 37
37 New section 75A inserted 37
38 Approval of Minister for underground disposal 39
39 New section 76A inserted 41
40 Power of Minister to give directions 42
41 New section 78A inserted 43
42 Directions to bore occupiers 43
43 New section 79A inserted 43
44 Power to give directions concerning dams 43
45 New section 80AA inserted 44
46 Power of Minister to carry out work 45
47 Review of decisions 46
48 Division 6 of Part 5 repealed 46
49 Functions, powers and duties of water corporations 46
50 Sustainable management principles for water corporations 47
51 Substitution of Divisions 1AA, 1, 1A, 2, 3 and 4 of Part 6A 47
52 Environmental and recreational areas 50
53 Repeal of section 122ZF 50
54 Customer dispute resolution 51
55 Water meters 51
56 New section 142A inserted 52
57 Serviced properties 53
58 Serviced property, Melbourne Water Corporation 55
59 Control over connections 55
60 New section 145A inserted 56
61 Notice to repair 59
62 Information statements 59
63 By-laws 59
64 Draft plans for reconfiguration of infrastructure, consequential
amendment 59
65 Consequential amendment of heading to Division 1 of Part 8 59
66 Application of Division 1 of Part 8 59
67 Functions of Authorities 60
68 Exercise of functions of Authority outside its water supply
district 60
69 Fire plugs and free water 60
70 Notice of contravention for water supply protection 61
71 New sections 169A and 169B inserted 61
72 By-laws 62
73 Water supply function of Melbourne Water Corporation 62
74 Exercise of functions of Authority outside its sewerage district 63
75 Section 179 substituted 63
ii
Clause Page
76 Functions of Authorities 64
77 Preparation of regional waterway strategies 65
78 Closing of access by Authorities 66
79 Works that interfere with designated land or works 67
80 Control over connections and discharges 69
81 Control of works and structures 71
82 Irrigation, amendment of definition 74
83 New Part 11A inserted 74
84 Properties subject to tariff 81
85 Tariffs 81
86 Section 273AA substituted 81
87 Payment to Authorities 82
88 Agreements with respect to the collection of fees under tariffs 82
89 Division 10 of Part 13 substituted 83
90 Requirements for preparation of allocation statement 87
91 Section 288 substituted and new section 288A inserted 87
92 Section 289 substituted and new sections 289A, 289B and
289C inserted 89
93 Repeal of section 295 95
94 Section 295A substituted and new section 295B inserted 95
95 General evidentiary provisions 96
96 Power of Minister to delegate 97
97 Powers of the Minister in enforcing certain Parts of this Act 97
98 Regulations 97
99 New Part 16 inserted 101
Part 3--Repeal of spent and redundant provisions in the Water
Act 1989 113
100 Section 2A repealed 113
101 Protection from liability 113
102 Role of Minister 113
103 Definition and disallowance 113
104 Section 35 repealed 113
105 Application for bulk entitlement 113
106 Allocation of environmental entitlement 113
107 Licence to take and use water 113
108 Water supply function of Melbourne Water Corporation 113
109 Section 181 repealed 114
110 Sewerage functions of Melbourne Water Corporation 114
111 Closing of access by Authorities 114
112 Part 14A repealed 114
113 Repeal of sections 330A, 330B and 330C consequent on the
repeal of Schedules 16 and 17 114
114 Sections 332 and 333 repealed 114
115 Schedule 4 repealed 114
116 Schedule 16 repealed 114
117 Schedule 17 repealed 114
iii
Clause Page
Part 4--Amendment of the Catchment and Land Protection
Act 1994 115
118 Definitions 115
119 Objectives of Act 116
120 Constitution and membership of Council 116
121 Functions, powers and duties of Authorities 116
122 New section 12B inserted 117
123 Contents of strategy 118
124 New section 27A inserted 118
125 Contents of plan 120
126 Amendment of Schedule 2 120
Part 5--Repeal of amending Act 122
128 Repeal of amending Act 122
═════════════
Endnotes 123
1 General information 123
iv
Water and Catchment Legislation
Amendment Act 2019
No. of 2019
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Water Act 1989--
(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
(iv) in relation to water resource
assessments and strategies; and
(v) to further provide for the determination
of districts and for serviced properties;
and
(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 impact charges; and
(viii) to further provide for offences and
related provisions to promote
compliance with that Act and
enforcement of that Act; and
(ix) to improve the operation of that Act;
and
(b) to amend the Catchment and Land
Protection Act 1994--
(i) in relation to the Victorian Catchment
Management Council and Melbourne
Water Corporation; and
(ii) in relation to Aboriginal cultural values
and traditional ecological knowledge of
management of land and water
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
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
operation before 19 March 2020, 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
waterways are managed in a way that
considers--
(i) Aboriginal cultural values and uses of
waterways; and
(ii) the social and recreational uses and
values of waterways;".
5 Definitions
(1) In section 3(1) of the Principal Act--
(a) for the definition of irrigation district
substitute--
"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
(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
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
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
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
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
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.
(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
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;
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
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
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
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;
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--
(a) if there are native title holders for the
whole or part of the area, the native title
holders;
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(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
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 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--
"(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".
(7) In section 3(1) of the Principal Act insert the
following definitions--
"Aboriginal person has the same meaning as in
the Aboriginal Heritage Act 2006;
northern water resources means the water
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--
"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
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;
salinity impact zone means an area of land that
is determined to be a salinity impact zone
under section 232;".
(9) In section 3(1) of the Principal Act insert the
following definition--
"water infringement offence means an offence
against any of the following--
(a) section 33E(3), to which section 33EB
applies;
(b) section 63(3), to which section 63B
applies;
(c) section 289(3) or 289B(3), to which
section 289C applies;
(d) any other provision of this Act, or the
regulations or the by-laws made under
this Act, that is prescribed for the
purposes of section 295A(1);".
(10) In section 3(1) of the Principal Act, in
the definition of authorised person, after
"an Authority" insert "or the Minister".
6 Certain provisions to bind the Crown
In section 5 of the Principal Act--
(a) after paragraph (b) insert--
"(ba) section 33E;
(bb) sections 55A and 70A;";
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Part 2--Amendment of the Water Act 1989
(b) for paragraph (d) substitute--
"(d) sections 75A, 76A, 78A, 79A, 80AA
and 81;";
(c) in paragraph (e), after "145," insert "145A,";
(d) after paragraph (e) insert--
"(ea) section 169A;".
7 New section 5A inserted
After section 5 of the Principal Act insert--
"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 affect any right or obligation under a
land use activity agreement or any other
agreement under the Traditional Owner
Settlement Act 2010.".
8 New section 6AA inserted
After section 6 of the Principal Act insert--
"6AA Extraterritorial operation of Act
In order to give effect to any
intergovernmental agreement to which the
State is a party and which is relevant to the
operation of this Act, it is the intention of
the Parliament that the operation of this Act,
as far as possible, is to include operation in
relation to the following--
(a) things, including land, situated in or
outside the territorial limits of Victoria;
(b) acts, transactions and matters done,
entered into or occurring in or outside
the territorial limits of Victoria;
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Part 2--Amendment of the Water Act 1989
(c) things, land, acts, transactions and
matters (wherever situated, done,
entered into or occurring) that would,
apart from this Act, be governed or
otherwise affected by the law of
another jurisdiction.".
9 Contents of a Sustainable Water Strategy
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
Act--
(i) Aboriginal cultural values and
uses of waterways in the region
to which the Strategy applies;
(ii) the social and recreational uses
and values of waterways in the
region to which the Strategy
applies; and
(b) take into account any of the following
agreements that are relevant to the
region to which the Strategy applies--
(i) a recognition and settlement
agreement and any further
agreement to a recognition
and settlement agreement;
(ii) an Aboriginal cultural heritage
land management agreement
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
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Part 2--Amendment of the Water Act 1989
(c) take into account any determination
of native title that native title exists
in relation to the region to which the
Strategy applies; and
(d) have regard to any relevant economic
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
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).".
10 Consultative committee--Sustainable Water
Strategy
(1) In section 22D(1)(b) of the Principal Act, for
"section 22C(1)" substitute "section 22C(1),
(3) and (4)".
(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--
(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
experience in the matters to be covered
in a Sustainable Water Strategy.".
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Part 2--Amendment of the Water Act 1989
11 Preparation of a draft Sustainable Water Strategy
(1) For section 22E(b) of the Principal Act
substitute--
"(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
(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
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.".
12 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)
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
subsection (3), the Minister must include a
notice of the revocation or amendment in
the Strategy that the Minister endorses.".
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Part 2--Amendment of the Water Act 1989
13 Review of Sustainable Water Strategy
(1) For section 22I(1) of the Principal Act
substitute--
"(1) The Minister must review a Sustainable
Water Strategy that has been endorsed
under section 22G(1) at the end of 10 years
following the endorsement of the Strategy.".
(2) After section 22I(2) of the Principal Act insert--
"(2A) Despite subsection (1), the Minister is not
required to review a Sustainable Water
Strategy for a region that has been endorsed
under section 22G(1) if--
(a) there is a later Sustainable Water
Strategy that has been endorsed under
section 22G(1) 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 has published a notice under
section 22E(1)(c) in relation to the
draft Sustainable Water Strategy.".
(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.".
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Part 2--Amendment of the Water Act 1989
14 Section 22K substituted and new section 22KA
inserted
For section 22K of the Principal Act substitute--
"22K Commencement of long-term water
resources assessments
The Minister must commence a long-term
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
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
water resources, by the end of the
twelfth year in each consecutive
15-year period, where the first period
after the period of the long-term water
resources assessment referred to
in section 22KA commences on
3 August 2021.
22KA Transitional provision--uncompleted
long-term water resources assessment--
Water and Catchment Legislation
Amendment Act 2019
(1) The following paragraphs apply to the
long-term water resources assessment
commenced but not completed before
the commencement day--
(a) subject to paragraph (b), on and from
the commencement day the Minister
must complete that long-term water
resources assessment as if that
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Part 2--Amendment of the Water Act 1989
long-term water resources assessment
were being made under this Act
as amended by the Water and
Catchment Legislation Amendment
Act 2019; and
(b) on and from the commencement day
any part of that long-term water
resources assessment relating to
northern water resources is omitted.
(2) In this section--
commencement day means the day on
which section 14 of the Water and
Catchment Legislation Amendment
Act 2019 comes into operation.".
15 Preparation of draft long-term water resources
assessment
For section 22M(a) of the Principal Act
substitute--
"(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
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;".
16 Consideration and publication of long-term water
resources assessment
In section 22O(3) of the Principal Act, for
"12 months" substitute "18 months".
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Part 2--Amendment of the Water Act 1989
17 Review following long-term water resources
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--"
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--
"(2) In undertaking a review under subsection (1),
the Minister must have regard to any
relevant--
(a) economic and environmental matters;
and
(b) Aboriginal cultural values and uses of
waterways; and
(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 Sustainable Water Strategy that
determines the action that is required to
be taken to address the matters referred
to in subsection (1)(c) or (d).".
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Part 2--Amendment of the Water Act 1989
18 New section 22PA inserted
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
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
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
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
action required to be taken.
(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
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
the time specified in subsection (1) does not
affect--
(a) the validity of the Strategy or review;
or
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Part 2--Amendment of the Water Act 1989
(b) any action, including any action
under section 33AAB, the Minister
takes following the preparation of the
Strategy or completion of the review.".
19 Consultative committees for review
After section 22Q(2)(a)(iii) of the Principal Act
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;".
20 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
interests the Minister considers are
likely to be affected by the review; and
(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;".
(2) Section 22R(2) and (3) of the Principal Act are
repealed.
21 Consultative committee
After section 29(2)(a)(ii) of the Principal Act
insert--
"(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
one of the specified Aboriginal parties;".
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22 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
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".
(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
(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.".
(3) At the foot of section 31 of the Principal Act
insert--
"Note
The preparation of a draft management plan may be a land
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.".
23 Permanent qualification of rights to water
For section 33AAB(1)(c) of the Principal Act
substitute--
"(c) any relevant--
(i) economic and environmental matters;
and
(ii) Aboriginal cultural values and uses of
waterways; and
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Part 2--Amendment of the Water Act 1989
(iii) social and recreational uses and values
of waterways.".
24 Functions of the Water Holder
At the end of section 33DD of the Principal Act
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
Act--
(a) Aboriginal cultural values and uses of
waterways;
(b) the social and recreational uses and
values of waterways.".
25 Section 33E substituted and new sections 33EA
and 33EB inserted
For section 33E of the Principal Act substitute--
"33E Offences for taking water without a water
share
(1) A person must not knowingly take water
from a relevant water source in a declared
water system without being authorised to do
so under a water share, being a taking that
results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 10 years
imprisonment or 1200 penalty
units or both;
For a body corporate,
6000 penalty units.
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(2) A person must not recklessly take water from
a relevant water source in a declared water
system without being authorised to do so
under a water share, being a taking that
results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 5 years
imprisonment or 600 penalty
units or both;
For a body corporate,
3000 penalty units.
(3) A person must not take water from a relevant
water source in a declared water system
without being authorised to do so under a
water share.
Penalty: For an individual, 240 penalty
units;
For a body corporate,
1200 penalty units.
(4) A person does not commit an offence under
subsection (1), (2) or (3) if the person takes
water--
(a) for domestic and stock use from a
spring or soak; or
(b) from a dam, that is water taken from
the dam other than for domestic and
stock use, being water in the dam--
(i) that has been taken from another
relevant water source under an
authorisation to do so under this
or any other Act; or
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(ii) that has been collected from a
roof; or
(c) from a dam, that is water taken from
the dam for domestic and stock use,
other than water in the dam that has
been taken from a waterway or aquifer
without an authorisation to do so under
this or any other Act; or
(d) under any other authorisation to do so
by or under this or any other Act.
(5) In this section--
relevant water source means any of the
following--
(a) a waterway (including the River
Murray);
(b) an aquifer;
(c) a spring or soak;
(d) a dam.
33EA Evidentiary provisions for offences under
section 33E
(1) In any proceeding for an offence under
section 33E(1), (2) or (3) against a person,
evidence that water has been taken to,
diverted to or used on land occupied by
the person is evidence that the person took
the water and, in the absence of evidence
to the contrary, is proof of that fact.
(2) To avoid doubt, subsection (1) applies to
a person who is the occupier of land who
is also the owner of the land.
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(3) In a proceeding for an offence under
section 33E(1), (2) or (3), if a person has
been found guilty of an offence under
section 288(1), (2) or (3) in relation to a
meter of an Authority that measures the
amount of water that is taken to, delivered
to or used on land, the finding of guilt is
evidence that--
(a) the person took water and, in the
absence of evidence to the contrary,
is proof of that fact; and
(b) the person was not authorised to
take the water and, in the absence of
evidence to the contrary, is proof of
that fact.
33EB Power to issue infringement notice in
relation to offence under section 33E(3)
(1) An authorised water officer may serve an
infringement notice on a person whom the
officer has reason to believe has contravened
section 33E(3) if the person--
(a) was not authorised to take water under
a water share; and
(b) took an amount of water equal to, or
less than, 10 megalitres.
(2) An authorised water officer may serve an
infringement notice on a person whom the
officer has reason to believe has contravened
section 33E(3) if the person--
(a) was authorised to take a specified
amount of water under a water share
(the authorised amount); and
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(b) took an amount of water in addition to
the authorised amount and the amount
of that additional water--
(i) was equal to, or less than, 20% of
the total authorised amount; and
(ii) was equal to, or less than,
10 megalitres.".
26 New section 55A inserted
After section 55 of the Principal Act insert--
"55A Offence to breach licence conditions
The holder of a licence under section 51(1)
must not fail to comply with any condition
under section 56 to which the licence is
subject.
Penalty: For an individual, 120 penalty
units;
For a body corporate, 600 penalty
units.".
27 Renewal of licence
After section 58(6) of the Principal Act insert--
"(7) A person whose licence is suspended may
apply for renewal of the licence during the
period of suspension and before the expiry
of the licence.
(8) A suspended licence that is renewed in
accordance with subsection (7) remains
suspended in accordance with the terms
of the suspension until--
(a) the licence is cancelled; or
(b) the suspension ends or is lifted.
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(9) If the holder of a licence issued under
section 51 that is suspended does not apply
for renewal of the licence before the expiry
of the licence, the licence expires.".
28 Section 60 substituted and new section 60A inserted
For section 60 of the Principal Act substitute--
"60 Suspension and cancellation of licence
(1) The Minister may suspend or cancel a
licence issued under section 51(1) or a
registration licence if--
(a) the Minister reasonably believes that--
(i) there has been a failure to comply
with this Act or regulations made
under this Act; or
(ii) there has been a failure to comply
with any conditions to which the
licence is subject; or
(iii) the holder of the licence has not
paid an applicable fee or charge
payable in respect of the licence;
or
(iv) in the case of a licence relating
to works, the works are being
operated contrary to the provisions
of this Act; or
(b) any prescribed circumstances apply.
(2) The Minister must give the licence
holder written notice of a decision
under subsection (1).
(3) If the Minister decides to suspend the
licence, the notice under subsection (2)
must specify--
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(a) the period of suspension, which may
extend beyond the period of the current
licence to any period of renewal; and
(b) any actions the licence holder must
take before the end of the period of
suspension in order for the suspension
to be lifted.
(4) A suspension under this section remains in
force until the earlier of the following--
(a) the end of the period specified in
subsection (3)(a), if no actions have
been specified under subsection (3)(b);
(b) if the Minister is satisfied that the
licence holder has taken the actions
specified under subsection (3)(b), the
date specified by the Minister by notice
in writing to the licence holder as the
date on which the suspension is no
longer in force (which may not be later
than 2 days after the date of the notice).
60A Process for suspension or cancellation of
licence
(1) Before suspending or cancelling a licence
under section 60(1), the Minister must--
(a) notify the holder of the licence in
writing as to--
(i) the grounds specified in
section 60(1) on which the
Minister proposes to suspend
or cancel the licence; and
(ii) the rights the holder of the licence
has under this section to make
submissions on the proposal; and
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(iii) if the Minister proposes to
suspend the licence, any actions
the holder of the licence would
need to take in order for the
proposed suspension to be lifted;
and
(b) allow the holder of the licence
an opportunity to make written
submissions on the proposal to
suspend or cancel the licence within
the period specified in the notice
under paragraph (a), which must not
be less than 35 days after the Minister
gives the notice.
(2) The Minister--
(a) must have regard to any submissions
made under subsection (1)(b) when
making a decision under section 60(1);
and
(b) must not make a decision under
section 60(1) until the period specified
in subsection (1)(b) has elapsed.".
29 Transfer of licence
For section 62(1) of the Principal Act
substitute--
"(1) A licence issued under section 51(1) may be
transferred--
(a) subject to any conditions set out in the
licence or imposed under section 56
relating to the transfer of the licence,
including any condition prohibiting the
transfer of the licence to another
property; and
(b) in accordance with this section.
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(1A) If a licence that is suspended under
section 60(1) is transferred, the licence
remains suspended until the suspension
ends or is lifted.
(1B) The Minister may lift all or part of a
period of a suspension for a licence
that is transferred under subsection (1)
if the actions specified in the notice of
suspension--
(a) are not able to be completed after the
transfer; or
(b) are no longer relevant to the transferred
licence.".
30 Section 63 substituted and new sections 63A and
63B inserted
For section 63 of the Principal Act substitute--
"63 Offences for taking or using water from a
non-declared water system
(1) A person must not knowingly take or use
water from a relevant water source in a
non-declared water system without being
authorised to do so by or under this or any
other Act, being a taking or using that results
in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 10 years
imprisonment or 1200 penalty
units or both;
For a body corporate,
6000 penalty units.
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(2) A person must not recklessly take or use
water from a relevant water source in a
non-declared water system without being
authorised to do so by or under this or any
other Act, being a taking or using that results
in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 5 years
imprisonment or 600 penalty
units or both;
For a body corporate,
3000 penalty units.
(3) A person must not take or use water from
a relevant water source in a non-declared
water system without being authorised to
do so by or under this or any other Act.
Penalty: For an individual, 240 penalty
units;
For a body corporate,
1200 penalty units.
(4) A person does not commit an offence under
subsection (1), (2) or (3) if the person takes
or uses water--
(a) from a spring or soak for domestic and
stock use; or
(b) from a dam, that is water taken or used
other than for domestic and stock use,
being water in the dam--
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(i) that has been taken from another
relevant water source under an
authorisation to do so under this
or any other Act; or
(ii) that has been collected from a
roof; or
(c) from a dam, that is water taken or used
for domestic and stock use, other than
water in the dam that has been taken
from an aquifer or a waterway (within
the meaning of the definition of
relevant water source) without an
authorisation to do so under this or any
other Act.
(5) In this section--
relevant water source means any of the
following--
(a) a waterway including--
(i) the River Murray; and
(ii) any collection of water
which is from time to time
replenished in whole or in
part by water coming by
a natural sub-surface path
from a waterway;
(b) an aquifer;
(c) a spring or soak;
(d) a dam.
63A Evidentiary provisions for offences under
section 63
(1) In any proceeding for an offence under
section 63(1), (2) or (3) against a person,
evidence that water has been taken to land,
diverted to land or used on land that is
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specified in a relevant authorisation held by
that person as land on which that water may
be used, is evidence that the person took
or used the water and, in the absence of
evidence to the contrary, is proof of that fact.
(2) In any proceeding for an offence under
section 63(1), (2) or (3) against a person, in
a case where subsection (1) does not apply,
evidence that water has been taken to land,
diverted to land or used on land occupied by
the person is evidence that the person took
or used that water and, in the absence of
evidence to the contrary, is proof of that fact.
(3) To avoid doubt, subsection (2) applies to a
person who is the occupier of land who is
also the owner of the land.
(4) In a proceeding for an offence under
section 63(1), (2) or (3), if a person has
been found guilty of an offence under
section 288(1), (2) or (3) in relation to a
meter of an Authority that measures the
amount of water that is taken to, diverted
to or used on land, the finding of guilt is
evidence that--
(a) the person took water and, in the
absence of evidence to the contrary,
is proof of that fact; and
(b) the person was not authorised to
take the water and, in the absence
of evidence to the contrary, is proof
of that fact.
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(5) In this section--
relevant authorisation means any of the
following--
(a) a bulk entitlement;
(b) a licence issued under section 51;
(c) a licence issued under section 67.
63B Power to issue infringement notice in
relation to offence under section 63(3)
(1) An authorised water officer may serve an
infringement notice on a person whom the
officer has reason to believe has contravened
section 63(3) if the person--
(a) was not authorised to take or use water
under an authorisation under this or any
other Act; and
(b) took or used an amount of water equal
to, or less than, 10 megalitres.
(2) An authorised water officer may serve an
infringement notice on a person whom the
officer has reason to believe has contravened
section 63(3) if the person--
(a) was authorised to take or use a
specified amount of water under an
authorisation under this or any other
Act (the authorised amount); and
(b) took or used an amount of water in
addition to the authorised amount and
the amount of that additional water--
(i) was an amount equal to, or less
than, 20% of the authorised
amount; and
(ii) was an amount equal to, or less
than, 10 megalitres.".
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31 Review of decisions
In section 64(1)(h) of the Principal Act, for
"revoke" substitute "cancel or suspend".
32 New section 70A inserted
After section 70 of the Principal Act insert--
"70A Offence to breach licence conditions
under section 71
The holder of a licence under section 67
must not fail to comply with any condition
under section 71(1) to which the licence is
subject.
Penalty: For an individual, 120 penalty
units;
For a body corporate, 600 penalty
units.".
33 Renewal of licence
After section 72(6) of the Principal Act insert--
"(7) A person whose licence is suspended may
apply for renewal of the licence during the
period of suspension and before the expiry
of the licence.
(8) A suspended licence that is renewed in
accordance with subsection (7) remains
suspended in accordance with the terms
of the suspension until--
(a) the licence is cancelled; or
(b) the suspension ends or is lifted.
(9) If the holder of a licence issued under
section 67 that is suspended does not apply
for renewal of the licence before the expiry
of the licence, the licence expires.".
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34 Transfer of licence
For section 74(1) of the Principal Act
substitute--
"(1) A licence issued under section 67 may be
transferred--
(a) subject to any conditions set out in the
licence or imposed under section 71
relating to the transfer of the licence,
including any condition prohibiting
the transfer of the licence to another
property; and
(b) in accordance with this section.
(1A) If a licence that is suspended under section
74AB(1) is transferred, the licence remains
suspended until the suspension ends or is
lifted.
(1B) The Minister may lift all or part of a
period of a suspension for a licence that is
transferred under subsection (1) if the actions
specified in the notice of suspension--
(a) are not able to be completed after the
transfer; or
(b) are no longer relevant to the transferred
licence.".
35 New sections 74AB and 74AC inserted
After section 74AA of the Principal Act insert--
"74AB Suspension or cancellation of licence
(1) The Minister may suspend or cancel a
licence issued under section 67 if--
(a) the Minister reasonably believes that--
(i) there has been a failure to comply
with this Act or regulations made
under this Act; or
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(ii) there has been a failure to comply
with any conditions to which the
licence is subject; or
(iii) the holder of the licence has not
paid an applicable fee or charge
payable in respect of the licence;
or
(b) any prescribed circumstances apply.
(2) The Minister must give the licence holder
written notice of a decision under
subsection (1).
(3) If the Minister decides to suspend the
licence, the notice under subsection (2)
must specify--
(a) the period of suspension, which may
extend beyond the period of the current
licence to any period of renewal; and
(b) any actions the licence holder must
take before the end of the period of
suspension in order for the suspension
to be lifted.
(4) A suspension under this section remains in
force until the earlier of the following--
(a) the end of the period specified in
subsection (3)(a), if no actions have
been specified under subsection (3)(b);
(b) if the Minister is satisfied that the
licence holder has taken the actions
specified under subsection (3)(b), the
date specified by the Minister by notice
in writing to the licence holder as the
date on which the suspension is no
longer in force (which may not be later
than 2 days after the date of the notice).
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74AC Process for suspension or cancellation of
licence
(1) Before suspending or cancelling a licence
under section 74AB(1), the Minister must--
(a) notify the holder of the licence in
writing as to--
(i) the grounds specified in section
74AB(1) on which the Minister
proposes to suspend or cancel the
licence; and
(ii) the rights the holder of the licence
has under this section to make
submissions on the proposal; and
(iii) if the Minister proposes to
suspend the licence, any actions
the holder of the licence would
need to take in order for the
proposed suspension to be lifted;
and
(b) allow the holder of the licence
an opportunity to make written
submissions on the proposal to
suspend or cancel the licence
within the period specified in the
notice under paragraph (a), which
must not be less than 35 days after
the Minister gives the notice.
(2) The Minister--
(a) must have regard to any submissions
made under subsection (1)(b) when
making a decision under section
74AB(1); and
(b) must not make a decision under section
74AB(1) until the period specified in
subsection (1)(b) has elapsed.".
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36 Offences
(1) Section 75(1), (1A), (2), (3) and (5) of the
Principal Act are repealed.
(2) In section 75(4) of the Principal Act, after
"an offence" insert "and liable to a penalty
of not more than 120 penalty units, for an
individual, or 600 penalty units, for a body
corporate".
37 New section 75A inserted
After section 75 of the Principal Act insert--
"75A Offences as to obstruction of waterways
etc.
(1) A person must not knowingly carry out any
regulated activity without being authorised to
do so by or under this or any other Act, being
an activity that results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 10 years
imprisonment or 1200 penalty
units or both;
For a body corporate,
6000 penalty units.
(2) A person must not recklessly carry out any
regulated activity without being authorised
to do so by or under this or any other Act,
being an activity that results in--
(a) land, works or water being seriously
damaged; or
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(b) another person suffering substantial
economic loss.
Penalty: For an individual, 5 years
imprisonment or 600 penalty
units or both;
For a body corporate,
3000 penalty units.
(3) A person must not carry out any regulated
activity without being authorised to do so
by or under this or any other Act.
Penalty: For an individual, 240 penalty
units;
For a body corporate,
1200 penalty units.
(4) A person does not commit an offence under
subsection (1), (2) or (3) if the person--
(a) performs work on a bore that is
necessary--
(i) to prevent the immediate
waste, misuse or pollution
of groundwater; or
(ii) for the purpose of obtaining
water for domestic and stock
use; and
(b) gives notice to the Minister of the work
within 7 days after starting it.
(5) In this section--
regulated activity means any of the
following--
(a) the obstruction of, or interference
with, a waterway;
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(b) the construction, alteration,
operation, removal or
decommissioning of any works
on a waterway;
(c) the obstruction of, or interference
with, any works on a waterway;
(d) the erosion or damaging of the
surrounds of a waterway;
(e) the construction, alteration,
operation, removal or
decommissioning of a private
dam within the meaning of
section 67(1A);
(f) the construction, deepening,
enlarging or alteration of a bore;
(g) the interfering with or the
damaging or destroying of
a bore or ancillary works.".
38 Approval of Minister for underground disposal
(1) Section 76(6) of the Principal Act is repealed.
(2) In section 76(7) of the Principal Act, for
"This section" substitute "This Division".
(3) After section 76(7) of the Principal Act insert--
"(8) The Minister may exempt a person from the
requirement to obtain approval under this
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
formation in a permit area under
a greenhouse gas assessment
permit; and
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(ii) the Minister administering
the Offshore Petroleum and
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
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 stored in an identified
greenhouse gas storage formation
in a lease area under a greenhouse
gas holding lease; and
(ii) the Minister administering
the Offshore Petroleum and
Greenhouse Gas Storage
Act 2010 has consulted with the
Minister administering this section
at least 40 days before approving,
under section 329 of that Act, the
carrying on of key greenhouse
gas operations under the lease
referred to in subparagraph (i); or
(c) if--
(i) the matter is to be injected
into or stored in an identified
greenhouse gas storage formation
in a licence area under a
greenhouse gas injection licence;
and
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(ii) the Minister administering the
Offshore Petroleum and
Greenhouse Gas Storage
Act 2010 has consulted with the
Minister administering this section
at least 40 days before approving a
site plan for that injection licence
under regulations made under that
Act.
(9) In this section--
greenhouse gas assessment permit,
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
Storage Act 2010.".
39 New section 76A inserted
After section 76 of the Principal Act insert--
"76A Offences as to disposal of matter
underground
(1) A person must not knowingly dispose of
any matter underground by means of a
bore without being authorised to do so by or
under this or any other Act, being an activity
that results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 10 years
imprisonment or 1200 penalty
units or both;
For a body corporate,
6000 penalty units.
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(2) A person must not recklessly dispose of
any matter underground by means of a
bore without being authorised to do so by or
under this or any other Act, being an activity
that results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 5 years
imprisonment or 600 penalty
units or both;
For a body corporate,
3000 penalty units.
(3) A person must not dispose of any matter
underground by means of a bore without
being authorised to do so by or under this
or any other Act.
Penalty: For an individual, 240 penalty
units;
For a body corporate,
1200 penalty units.".
40 Power of Minister to give directions
Section 78(5) of the Principal Act is repealed.
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41 New section 78A inserted
After section 78 of the Principal Act insert--
"78A Offence not to comply with section 78
direction
A person must not fail to comply with any
direction under section 78(1) or (3).
Penalty: For an individual, 120 penalty
units;
For a body corporate, 600 penalty
units.".
42 Directions to bore occupiers
Section 79(3) of the Principal Act is repealed.
43 New section 79A inserted
After section 79 of the Principal Act insert--
"79A Offence not to comply with section 79
direction
A person must not fail to comply with any
direction under section 79(2).
Penalty: For an individual, 120 penalty
units;
For a body corporate, 600 penalty
units.".
44 Power to give directions concerning dams
For section 80(1), (2) and (3) of the Principal Act
substitute--
"(1) The Minister, by written notice, may direct
the owner of any public or private dam to do
any of the following if the Minister decides
that the dam is or is likely to be hazardous to
public safety, property or the environment
because of its location or the nature of its
construction--
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(a) make specified repairs or alterations
to the dam;
(b) take specified measures to keep the
dam under surveillance;
(c) remove the dam.
(2) The Minister, by written notice, may direct
the proposed owner of any proposed public
or private dam to do any of the following
if the Minister decides that the dam is or
is likely to be hazardous to public safety,
property or the environment because of its
proposed location or the nature of its
proposed construction--
(a) resite the dam;
(b) build the dam to specified standards;
(c) refrain from building the dam.
(3) This section applies to any public or private
dam, whether or not the dam is located on a
waterway.".
45 New section 80AA inserted
After section 80 of the Principal Act insert--
"80AA Offence not to comply with section 80
direction
A person must not fail to comply with any
direction under section 80(1) or (2).
Penalty: For an individual, 120 penalty
units;
For a body corporate, 600 penalty
units.".
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46 Power of Minister to carry out work
(1) Insert the following heading to section 81 of the
Principal Act--
"Power of Minister to carry out work".
(2) For section 81(1) of the Principal Act
substitute--
"(1) If the Minister thinks fit, the Minister may
carry out work on any relevant works and
take any other measures or remove relevant
works and recover the reasonable cost of
doing so from the occupier of the relevant
works if the Minister considers that--
(a) a person has failed to carry out the
work necessary to comply with a
direction given under this Division
within the time specified in the
direction; or
(b) it is necessary for the work to be carried
out on the relevant works and measures
to be taken or the relevant works to be
removed urgently--
(i) to prevent the waste or pollution
of water; or
(ii) to protect public safety, property
or the environment; or
(c) it is necessary for the work to be carried
out on the relevant works and measures
to be taken or the relevant works to be
removed to secure compliance with this
Act, the regulations or the conditions of
any licence issued or granted under this
Act.
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(1A) In this section--
relevant works means any of the
following--
(a) a dam;
(b) works on a waterway;
(c) a bore.".
47 Review of decisions
In section 83(1) of the Principal Act--
(a) after paragraph (j) insert--
"(ja) under section 74AB to suspend or
cancel a licence; or";
(b) in paragraph (o), for "section 80(1)"
substitute "section 80(1) or (2)".
48 Division 6 of Part 5 repealed
Division 6 of Part 5 of the Principal Act is
repealed.
49 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
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
waterways;
(b) the social and recreational uses and
values of waterways.".
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50 Sustainable management principles for water
corporations
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
considerations; and
(ii) Aboriginal cultural considerations; and
(iii) social and recreational considerations;
and".
51 Substitution of Divisions 1AA, 1, 1A, 2, 3 and 4 of
Part 6A
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
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
(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
Authority.
(2) A district determined 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
determination, which must be no earlier than
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
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
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.
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
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.
(3) A determination under subsection (1) must
be published in the Government Gazette.
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(4) A determination under subsection (1)
takes effect from the date specified in the
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
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
(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.
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
the course of consulting under
section 122J; and
(b) the public interest.
122L Saving of districts--Water and
Catchment Legislation Amendment
Act 2019
(1) On the commencement of section 5(1) of
the Water and Catchment Legislation
Amendment Act 2019, a water corporation
is taken to have, as a water supply district,
each water district that the water corporation
had immediately before that commencement,
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as if each district were determined as a water
supply district under this Division.
(2) On the commencement of section 5(1) of
the Water and Catchment Legislation
Amendment Act 2019, a water corporation
is taken to have any sewerage district or
irrigation district that the water corporation
had immediately before that commencement,
as if that sewerage district or irrigation
district were determined as a sewerage
district or irrigation district under this
Division.
(3) On the commencement of section 5(1) of
the Water and Catchment Legislation
Amendment Act 2019, an Authority is taken
to have any waterway management district
that the Authority had immediately before
that commencement, as if that waterway
management district were determined as a
waterway management district under this
Division.
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
in the Central Plan Office and numbered
LEGL./05-406.".
52 Environmental and recreational areas
In section 122ZA(1)(b) of the Principal Act, for
"water district" substitute "water supply district".
53 Repeal of section 122ZF
Section 122ZF of the Principal Act is repealed.
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54 Customer dispute resolution
In section 122ZG(4) of the Principal Act, for
"water district" substitute "water supply district".
55 Water meters
(1) For section 142(1), (1A) and (1B) of the Principal
Act substitute--
"(1) An Authority may provide or install, and
maintain, a meter on any land to measure
the following--
(a) the amount of water supplied or
delivered to the land by the Authority
in the exercise of its water supply or
delivery functions;
(b) the amount of water taken or used.
(1A) An Authority may install a water meter
under subsection (1) in any position it
considers appropriate.
(1B) Without limiting subsection (1), an Authority
may provide or install, and maintain, a
separate meter--
(a) for each occupancy on any land; and
(b) for each point from which water is
taken; and
(c) if water is supplied or delivered for
more than one type of service, to
measure the amount of water supplied
or delivered for each service.
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(1C) In determining what constitutes a separate
occupancy, the Authority must have regard
to--
(a) any regulations prescribing the
following--
(i) any class of land or part of land
as constituting an occupancy;
(ii) any considerations for
determining what constitutes
an occupancy; or
(b) if there are no such regulations, the
principles set out in the Valuation of
Land Act 1960.".
(2) Section 142(2) of the Principal Act is repealed.
56 New section 142A inserted
After section 142 of the Principal Act insert--
"142A Estimate of water supplied or delivered
(1) A water corporation may estimate in
accordance with subsection (2) the amount
of water supplied or delivered to land, used
on land or taken to land, if one or more of
the following applies--
(a) the water corporation is of the opinion
that a meter belonging to it or under
its control or management is not
functioning accurately or has been
interfered with;
(b) the water corporation supplies or
delivers water to any land and there is
no meter on that land to measure the
amount of water supplied or delivered
to land;
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(c) water is taken to or used on any land
under an authorisation to take or to use
water under this or any other Act and
there is no meter to measure the amount
of water taken or used on the land
under the authorisation;
(d) water is taken to or used on any land
without an authorisation to take or use
water under this or any other Act.
(2) For the purposes of subsection (1), a water
corporation may estimate the amount of
water supplied or delivered to land, used
on land or taken to land, during a specified
period--
(a) by having regard to the amount of
water supplied or delivered to or used
on or taken to--
(i) the land in any previous or
subsequent period or periods; or
(ii) similar land during the specified
period; or
(b) in any other way that is prescribed.".
57 Serviced properties
(1) In section 144(1) of the Principal Act--
(a) in paragraph (a), for "water district"
substitute "water supply district";
(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--
(i) water delivery services to the
land; or
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(ii) irrigation drainage or salinity
mitigation services in relation to
the land or that directly benefit the
land; or".
(2) Section 144(2)(b) of the Principal Act is repealed.
(3) For section 144(3) of the Principal Act
substitute--
"(3) The Authority must publish a notice under
subsection (1)--
(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.".
(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"
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
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".
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58 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 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
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.".
59 Control over connections
(1) For section 145(1) of the Principal Act
substitute--
"(1) For the purpose of section 145A, an
Authority may consent to--
(a) the connection of any works to the
works of the Authority; or
(b) the alteration or removal of any works
that are connected to the works of the
Authority; or
(c) the discharge of anything into the
works of the Authority.".
(2) Section 145(3AB) of the Principal Act is
repealed.
(3) For section 145(4) of the Principal Act
substitute--
"(4) A person who causes or permits anything
referred to in section 145A(3) or (6) to
be done must make sure that it is done in
accordance with any terms or conditions
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subject to which the Authority gave its
consent.
Penalty: For an individual, 60 penalty
units;
For a body corporate, 300 penalty
units.".
60 New section 145A inserted
After section 145 of the Principal Act insert--
"145A Offences as to connections and discharges
without consent
(1) A person must not knowingly cause or
permit--
(a) the connection of any works to the
works of an Authority; or
(b) the alteration or removal of any works
that are connected to the works of an
Authority--
without the consent of the Authority under
section 145, being a connection, alteration
or removal that results in--
(c) land, works or water being seriously
damaged; or
(d) another person suffering substantial
economic loss.
Penalty: For an individual, 10 years
imprisonment or 1200 penalty
units or both;
For a body corporate,
6000 penalty units.
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(2) A person must not recklessly cause or
permit--
(a) the connection of any works to the
works of an Authority; or
(b) the alteration or removal of any works
that are connected to the works of an
Authority--
without the consent of the Authority under
section 145, being a connection, alteration
or removal that results in--
(c) land, works or water being seriously
damaged; or
(d) another person suffering substantial
economic loss.
Penalty: For an individual, 5 years
imprisonment or 600 penalty
units or both;
For a body corporate,
3000 penalty units.
(3) A person must not cause or permit--
(a) the connection of any works to the
works of an Authority, without the
consent of the Authority under
section 145; or
(b) the alteration or removal of any works
that are connected to the works of an
Authority, without the consent of the
Authority under section 145.
Penalty: For an individual, 120 penalty
units;
For a body corporate, 600 penalty
units.
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(4) A person must not knowingly cause or
permit anything to be discharged into the
works of an Authority, without the consent
of the Authority under section 145, being a
discharge that results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 10 years
imprisonment or 1200 penalty
units or both;
For a body corporate,
6000 penalty units.
(5) A person must not recklessly cause or
permit anything to be discharged into the
works of an Authority, without the consent
of the Authority under section 145, being a
discharge that results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 5 years
imprisonment or 600 penalty
units or both;
For a body corporate,
3000 penalty units.
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(6) A person must not cause or permit
anything to be discharged into the works
of an Authority without the consent of
the Authority under section 145.
Penalty: For an individual, 120 penalty
units;
For a body corporate, 600 penalty
units.".
61 Notice to repair
Section 150(1A) of the Principal Act is repealed.
62 Information statements
In section 158(3) of the Principal Act--
(a) in paragraph (c), for "outstanding."
substitute "outstanding;";
(b) after paragraph (c) insert--
"(d) whether or not the land is serviced
property and, if so, the purposes for
which the land is serviced property.".
63 By-laws
Section 160(1)(b) of the Principal Act is repealed.
64 Draft plans for reconfiguration of infrastructure,
consequential amendment
In section 161D of the Principal Act, for
"water district" substitute "water supply district".
65 Consequential amendment of heading to Division 1
of Part 8
In the heading to Division 1 of Part 8 of the
Principal Act, for "water district" substitute
"water supply district".
66 Application of Division 1 of Part 8
In section 162 of the Principal Act, for
"water district" substitute "water supply district".
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67 Functions of Authorities
In section 163(1) of the Principal Act, for
"water district" substitute "water supply district".
68 Exercise of functions of Authority outside its water
supply district
(1) Insert the following heading to section 164 of the
Principal Act--
"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
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
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
being provided.".
69 Fire plugs and free water
(1) In section 165(1) of the Principal Act, for
"water district" (where twice occurring)
substitute "water supply district".
(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".
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70 Notice of contravention for water supply protection
Section 169(3) of the Principal Act is repealed.
71 New sections 169A and 169B inserted
After section 169 of the Principal Act insert--
"169A Offence not to comply with notice of
contravention
(1) A person on whom a notice of contravention
under section 169 is served must not
knowingly fail to comply with the notice,
being a failure to comply that results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 10 years
imprisonment or 1200 penalty
units or both;
For a body corporate,
6000 penalty units.
(2) A person on whom a notice of contravention
under section 169 is served must not
recklessly fail to comply with the notice,
being a failure to comply that results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 5 years
imprisonment or 600 penalty
units or both;
For a body corporate,
3000 penalty units.
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(3) A person on whom a notice of contravention
under section 169 is served must not fail to
comply with the notice.
Penalty: For an individual, 240 penalty
units;
For a body corporate,
1200 penalty units.
169B Authority may carry out works etc. where
notice not complied with
If a notice of contravention under
section 169 is not complied with within the
time specified, or any longer time allowed
by the Authority, the Authority may--
(a) carry out any work and take any other
action it decides is necessary to remedy
the contravention, and recover its
reasonable costs from the person on
whom the notice was served; and
(b) remove or disconnect any service to
the property in relation to which the
contravention occurs, and recover its
reasonable costs from the person on
whom the notice was served; and
(c) apply to a court for an injunction
restraining the person on whom the
notice was served from contravening
the notice.".
72 By-laws
Section 171(1)(bc), (c) and (d) of the Principal
Act are repealed.
73 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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74 Exercise of functions of Authority outside its
sewerage district
(1) Insert the following heading to section 174 of the
Principal Act--
"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
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
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
being provided.".
75 Section 179 substituted
For section 179 of the Principal Act substitute--
"179 Special sewerage services
(1) An Authority with the management and
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.
(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 because of a notice under
subsection (1), in relation to any service
provided by the Authority under section 180
or 183.".
76 Functions of Authorities
(1) For section 189(1)(a) of the Principal Act
substitute--
"(a) to identify and plan for State and local
community needs relating to the uses and
values of waterways and land, including--
(i) environmental values; and
(ii) Aboriginal cultural values and uses;
and
(iii) social and recreational uses and values;
and
(iv) economic values;".
(2) For section 189(2) of the Principal Act
substitute--
"(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
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
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.".
77 Preparation of regional waterway strategies
(1) In section 190(3) of the Principal Act--
(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--
(i) a recognition and settlement
agreement and any further
agreement to a recognition
and settlement agreement;
(ii) an Aboriginal cultural heritage
land management agreement
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
(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;
and";
(b) in paragraph (c), for "section 197A."
substitute "section 197A; and";
(c) after paragraph (c) insert--
"(d) take into account--
(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
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
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
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;
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.".
78 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--
"(d) any member of a traditional owner
group who has rights including
traditional owner rights in relation
to the waterway or designated land
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or works under a recognition and
settlement agreement; or
(e) any native title holder for the area
who has native title rights and interests
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--
traditional owner rights has the same
meaning as in the Traditional Owner
Settlement Act 2010.".
79 Works that interfere with designated land or works
(1) For section 194(1) of the Principal Act
substitute--
"(1) A person must not knowingly cause or
permit a regulated action to be undertaken
within an Authority's waterway management
district, without the consent of the Authority
or another authorisation under this Act, being
an action that results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 10 years
imprisonment or 1200 penalty
units or both;
For a body corporate,
6000 penalty units.
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(1A) A person must not recklessly cause or permit
a regulated action to be undertaken within an
Authority's waterway management district,
without the consent of the Authority or
another authorisation under this Act, being
an action that results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 5 years
imprisonment or 600 penalty
units or both;
For a body corporate,
3000 penalty units.
(1B) A person must not cause or permit a
regulated action to be undertaken within an
Authority's waterway management district,
without the consent of the Authority or
another authorisation under this Act.
Penalty: For an individual, 240 penalty
units;
For a body corporate,
1200 penalty units.
(1C) Subsections (1), (1A) and (1B) do not apply
to the holder of a declared bulk entitlement
or a public statutory authority.".
(2) In section 194(2) of the Principal Act--
(a) for "works of a kind referred to in
subsection (1)" substitute "any regulated
action";
(b) for "the works" substitute "the regulated
action".
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(3) In section 194(3) of the Principal Act, for
"works of a kind referred to in subsection (1)"
substitute "any regulated action".
(4) After section 194(3) of the Principal Act insert--
"(4) In this section--
regulated action means any work or
works which interfere, or are likely
to interfere, with designated land or
works or the quality, quantity or flow
of water in designated land or works.".
80 Control over connections and discharges
(1) For section 195(1) of the Principal Act
substitute--
"(1) A person must not knowingly cause or
permit a regulated drainage activity to be
carried out within an Authority's waterway
management district, without the consent of
the Authority, being an activity that results
in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 10 years
imprisonment or 1200 penalty
units or both;
For a body corporate,
6000 penalty units.
(1A) A person must not recklessly cause or permit
a regulated drainage activity to be carried out
within an Authority's waterway management
district, without the consent of the Authority,
being an activity that results in--
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(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 5 years
imprisonment or 600 penalty
units or both;
For a body corporate,
3000 penalty units.
(1B) A person must not cause or permit a
regulated drainage activity to be carried out
within an Authority's waterway management
district, without the consent of the Authority.
Penalty: For an individual, 240 penalty
units;
For a body corporate,
1200 penalty units.
(1C) Subsections (1), (1A) and (1B) do not apply
to a public statutory authority.".
(2) In section 195(2) of the Principal Act, for
"anything specified in subsection (1)"
substitute "any regulated drainage activity".
(3) In section 195(3) of the Principal Act, for
"anything specified in subsection (1)"
substitute "any regulated drainage activity".
(4) After section 195(3) of the Principal Act insert--
"(4) In this section--
regulated drainage activity means any of the
following--
(a) any connection of any drainage
works to a designated waterway
or designated land or works;
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(b) any discharge (whether directly
or indirectly) into a designated
waterway or designated land or
works;
(c) any alteration or removal of any
drainage works that are connected
to or that discharge into a
designated waterway or
designated land or works.".
81 Control of works and structures
(1) For section 208(1) and (1A) of the Principal Act
substitute--
"(1) A person must not knowingly cause or
permit the undertaking or erection of any
regulated works or structure within a
relevant Authority's waterway management
district, without the consent of the relevant
Authority, being an undertaking or erection
that results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 10 years
imprisonment or 1200 penalty
units or both;
For a body corporate,
6000 penalty units.
(1A) A person must not recklessly cause or
permit the undertaking or erection of any
regulated works or structure within a
relevant Authority's waterway management
district, without the consent of the relevant
Authority, being an undertaking or erection
that results in--
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(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 5 years
imprisonment or 600 penalty
units or both;
For a body corporate,
3000 penalty units.
(1B) A person must not cause or permit the
undertaking or erection of any regulated
works or structure within a relevant
Authority's waterway management district,
without the consent of the relevant
Authority.
Penalty: For an individual, 120 penalty
units;
For a body corporate, 600 penalty
units.
(1C) Subsections (1), (1A) and (1B) do not apply
to--
(a) a public statutory authority; and
(b) a person who is acting under and in
accordance with a levee maintenance
permit.".
(2) In section 208(2) of the Principal Act, for
"undertake works or erect structures of a kind
referred to in subsection (1)(a) or in a place
referred to in subsection (1)(b) must, before
undertaking the works or erecting the structures"
substitute "undertake or erect any regulated
works or structure must, before undertaking
or erecting the works or structure".
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(3) In section 208(4) of the Principal Act, after
"specified in the notice" insert ", within 14 days
of the notice being served on the owner".
(4) For section 208(5) of the Principal Act
substitute--
"(5) A person must not fail to comply with any
notice under subsection (4).
Penalty: For an individual, 60 penalty
units;
For a body corporate, 300 penalty
units.".
(5) After section 208(6) of the Principal Act insert--
"(7) In this section--
regulated works or structure means any of
the following--
(a) works or a structure within an
area of land declared to be liable
to flooding or declared to be a
floodway area, that may have the
effect of--
(i) controlling or mitigating
floodwaters; or
(ii) discharging stormwater; or
(iii) excluding tidal water; or
(iv) concentrating or diverting
floodwater or stormwater;
(b) works or a structure between
a building line and any part
of the designated waterway
or designated land or works in
relation to which the building
line was declared;
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relevant Authority means an Authority to
which this Division applies and that
has the function referred to in section
202(1)(d) or (e) or (2)(d) or (e).".
82 Irrigation, amendment of definition
In section 220(1) of the Principal Act, in the
definition of serviced property, for "section
144(1)(c)" substitute "section 144(1)(c)(i)".
83 New Part 11A inserted
After Part 11 of the Principal Act insert--
"Part 11A--Salinity mitigation
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
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.
(3) A determination under subsection (1) has
effect--
(a) on the day on which notice of its
making is published in the Government
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
which it is made.
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(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.
(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;
and
(b) maintain the copy of the determination
and the plan on the Internet site for so
long as the determination remains in
force.
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
relation to salinity mitigation--
(a) to carry out works and measures to
mitigate or offset salinity impacts of
irrigation;
(b) in relation to actions described in
paragraph (a)--
(i) to carry out research, investigation
and assessment into those actions
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;
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(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
and irrigation development for salinity
impacts of irrigation;
(e) to develop and manage programs--
(i) to mitigate or offset salinity
impacts of irrigation; and
(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 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
and assessment into those actions
or the need for those actions; or
(ii) to meet the State's obligations
under the Murray-Darling Basin
Agreement.
(2) The Minister has all the powers that are
necessary to carry out the functions set
out in subsection (1).
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Division 3--Imposition of salinity
impact charges
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)
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),
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--
(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;
(iii) annual use limits for water-use
licences subject to the charge;
(iv) any other relevant matter; or
(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
in paragraphs (a), (b) and (c).
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(3) In the determination under subsection (1)(b),
an annual 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--
(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;
(iii) annual use limits for water-use
licences subject to the charge;
(iv) any other relevant matter; or
(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.
(5) Subject to this Act, a determination under
this section may make provision for or with
respect to any of the following--
(a) persons or classes of persons who are
excepted from paying a charge;
(b) the method of payment of a charge,
including payment by instalments;
(c) any other necessary matter or thing.
(6) A determination under this section must--
(a) be in writing; and
(b) be published in the Government
Gazette.
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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
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
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
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
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.
232D Imposition of capital works salinity
impact charge
(1) A capital works salinity impact charge may
be imposed as follows--
(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;
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(b) on the holder of a water-use licence, if
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,
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
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
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
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.
(2) An annual salinity impact charge may be
imposed under subsection (1) on an annual
basis.
232F Minister may except persons from
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
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that would otherwise be imposed on a
licence holder under section 232D or 232E
is not imposed on the licence holder.".
84 Properties subject to tariff
In section 258(1A) of the Principal Act, for
"water district" substitute "water supply district".
85 Tariffs
(1) Section 259(1)(c) of the Principal Act is repealed.
(2) For section 259(10) of the Principal Act
substitute--
"(10) In determining what constitutes a separate
occupancy, the Authority must have regard
to--
(a) any regulations prescribing the
following--
(i) any class of land or part of land
as constituting an occupancy;
(ii) any considerations for
determining what constitutes
an occupancy; or
(b) if there are no such regulations, the
principles set out in the Valuation of
Land Act 1960.".
(3) Section 259(11) of the Principal Act is repealed.
86 Section 273AA substituted
For section 273AA of the Principal Act
substitute--
"273AA Application of Division
This Division does not apply--
(a) to Melbourne Water Corporation; or
(b) in relation to salinity impact charges.".
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87 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 person liable to pay the amount
chooses to pay by instalments in accordance
with subsections (2) and (3)" substitute
"unless payment may be made 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
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".
(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,".
88 Agreements with respect to the collection of fees
under tariffs
In section 281A(2) of the Principal Act, for
"water districts" substitute "water supply
districts".
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89 Division 10 of Part 13 substituted
For Division 10 of Part 13 of the Principal Act
substitute--
"Division 10--Salinity impact charges
287A Minister may require payment of salinity
impact charges
(1) The Minister, by notice in writing, may
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).
(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
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
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
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
an annual salinity impact charge; and
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(d) the property and the water use licence
to which the salinity impact charge
relates.
(2) A notice under section 287A is not invalid
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
date that is at least 28 days after the date of
issue of the notice.
(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
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
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
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.
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(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
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 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
become due have been paid by the date
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
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 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 agreed to defer the payment of the whole
or any part of that amount.
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(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
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 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.
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
to perform the Minister's functions in
relation to salinity mitigation under
section 232A; and
(b) for the payment of the costs of the
administration of Part 11A and this
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--
(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
Murray-Darling Basin Agreement.".
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90 Requirements for preparation of allocation
statement
In section 287F(1) of the Principal Act--
(a) for "water corporations" (wherever
occurring) substitute "Authorities";
(b) for "a water corporation" substitute
"an Authority";
(c) for "another water corporation" substitute
"another Authority".
91 Section 288 substituted and new section 288A
inserted
For section 288 of the Principal Act substitute--
"288 Offences as to Authority's property
(1) A person must not knowingly destroy,
damage, remove, alter or in any way
interfere with any property of an Authority
without the consent of the Authority or
another authorisation under this or any other
Act, being a destruction, damage, removal,
alteration or interference that results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 10 years
imprisonment or 1200 penalty
units or both;
For a body corporate,
6000 penalty units.
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(2) A person must not recklessly destroy,
damage, remove, alter or in any way
interfere with any property of an Authority
without the consent of the Authority or
another authorisation under this or any other
Act, being a destruction, damage, removal,
alteration or interference that results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 5 years
imprisonment or 600 penalty
units or both;
For a body corporate,
3000 penalty units.
(3) A person must not destroy, damage,
remove, alter or in any way interfere with
any property of an Authority without
the consent of the Authority or another
authorisation under this or any other Act.
Penalty: For an individual, 240 penalty
units;
For a body corporate,
1200 penalty units.
(4) In this section and in section 288A--
property of an Authority includes works or
other real or personal property that--
(a) belongs to an Authority; or
(b) is under the control and
management of an Authority.
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288A Evidentiary provisions for offences under
section 288
(1) In a proceeding for an offence under section
288(1), (2) or (3), evidence that property of
an Authority on land owned or occupied
by a person has been destroyed, damaged,
removed, altered or in any way interfered
with, is evidence and, in the absence of
evidence to the contrary, is proof that the
destruction, damage, removal, alteration
or interference with has been done by that
person.
(2) In this section--
property of an Authority on land owned or
occupied by a person includes--
(a) property of an Authority situated
on land owned or occupied by a
person; or
(b) property of an Authority that
services only land owned or
occupied by a person; or
(c) property of an Authority that
records the amount of water taken
to, delivered to, supplied to or
used on land owned or occupied
by a person.".
92 Section 289 substituted and new sections 289A,
289B and 289C inserted
For section 289 of the Principal Act substitute--
"289 Wrongful taking etc. of water
(1) A person must not knowingly take, use
or divert an Authority's water without
the consent of the Authority or another
authorisation under this or any other Act,
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being a taking, use or diversion that results
in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 10 years
imprisonment or 1200 penalty
units or both;
For a body corporate,
6000 penalty units.
(2) A person must not recklessly take, use
or divert an Authority's water without
the consent of the Authority or another
authorisation under this or any other Act,
being a taking, use or diversion that results
in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 5 years
imprisonment or 600 penalty
units or both;
For a body corporate,
3000 penalty units.
(3) A person must not take, use or divert an
Authority's water without the consent of the
Authority or another authorisation under this
or any other Act.
Penalty: For an individual, 240 penalty
units;
For a body corporate,
1200 penalty units.
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(4) In this section--
Authority's water means water--
(a) that is under the control and
management of an Authority; or
(b) that is supplied by an Authority
for the use of another person.
289A Evidentiary provisions for offences under
section 289
(1) In any proceeding for an offence under
section 289(1), (2) or (3) against a person,
evidence that water has been taken to,
diverted to or used on land that is specified
in a relevant authorisation held by that
person, is evidence that the person took, used
or diverted the water and, in the absence of
evidence to the contrary, is proof of that fact.
(2) In any proceeding for an offence under
section 289(1), (2) or (3) against a person,
in a case where subsection (1) does not
apply, evidence that water has been taken to,
diverted to or used on land occupied by the
person is evidence that the person took, used
or diverted the water and, in the absence of
evidence to the contrary, is proof of that fact.
(3) To avoid doubt, subsection (2) applies to a
person who is the occupier of land who is
also the owner of the land.
(4) In a proceeding for an offence under section
289(1), (2) or (3), if a person has been found
guilty of an offence under section 288(1),
(2) or (3) in relation to a meter of an
Authority that records the amount of water
that is taken to, delivered to, supplied to
or used on land owned or occupied by the
person, the finding of guilt is evidence that--
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(a) the person took, used or diverted water
and, in the absence of evidence to the
contrary, is proof of that fact; and
(b) the person was not authorised to take,
use or divert that water and, in the
absence of evidence to the contrary,
is proof of that fact.
(5) In this section--
relevant authorisation means a consent of
the Authority or another authorisation
under this or any other Act.
289B Offence to interfere with flow of water
(1) A person must not knowingly interfere with
the flow of water in any waterway, aquifer
or works under the control and management
of an Authority, without the consent of the
Authority or another authorisation under this
or any other Act, being an interference that
results in--
(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 10 years
imprisonment or 1200 penalty
units or both;
For a body corporate,
6000 penalty units.
(2) A person must not recklessly interfere with
the flow of water in any waterway, aquifer
or works under the control and management
of an Authority, without the consent of the
Authority or another authorisation under this
or any other Act, being an interference that
results in--
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(a) land, works or water being seriously
damaged; or
(b) another person suffering substantial
economic loss.
Penalty: For an individual, 5 years
imprisonment or 600 penalty
units or both;
For a body corporate,
3000 penalty units.
(3) A person must not interfere with the flow
of water in any waterway, aquifer or works
under the control and management of an
Authority, without the consent of the
Authority or another authorisation under
this or any other Act.
Penalty: For an individual, 240 penalty
units;
For a body corporate,
1200 penalty units.
289C Power to issue infringement notice in
relation to offences under sections 289(3)
and 289B(3)
(1) An authorised water officer may serve an
infringement notice on a person whom the
officer has reason to believe has contravened
section 289(3) if the person--
(a) was not authorised to take, use or divert
water by the consent of the Authority or
under another authorisation under this
or any other Act; and
(b) took, used or diverted an amount
of water equal to, or less than,
10 megalitres.
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(2) An authorised water officer may serve an
infringement notice on a person whom the
officer has reason to believe has contravened
section 289(3) if the person--
(a) was authorised to take, use or divert
a specified amount of water by the
consent of the Authority or under
another authorisation under this or any
other Act (the authorised amount); and
(b) took, used or diverted an amount of
water in addition to the authorised
amount and the amount of that
additional water--
(i) was an amount equal to, or less
than, 20% of the authorised
amount; and
(ii) was an amount equal to, or less
than, 10 megalitres.
(3) An authorised water officer may serve an
infringement notice on a person whom the
officer has reason to believe has contravened
section 289B(3) if the person--
(a) did not have the consent of the
Authority and was not authorised under
this or any other Act to interfere with
the flow of water in any waterway,
aquifer or works under the control and
management of an Authority; and
(b) interfered with the flow of water by
taking or diverting an amount of water
equal to, or less than, 10 megalitres.
(4) An authorised water officer may serve an
infringement notice on a person whom the
officer has reason to believe has contravened
section 289B(3) if the person--
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(a) had the consent of the Authority or held
an authorisation under this or any other
Act to interfere with the flow of water
in any waterway, aquifer or works
under the control and management
of the Authority and that consent or
authorisation authorised the taking
or diverting of a specified amount of
water (the authorised amount); and
(b) interfered with the flow of water
by taking or diverting an amount of
water in addition to the authorised
amount and that additional water was
an amount equal to or less than 20%
of the authorised amount.".
93 Repeal of section 295
Section 295 of the Principal Act is repealed.
94 Section 295A substituted and new section 295B
inserted
For section 295A of the Principal Act
substitute--
"295A Power to issue infringement notices
(1) Subject to sections 33EB, 63B and 289C,
an authorised water officer appointed by an
Authority may serve an infringement notice
on a person whom the officer has reason to
believe has committed a water infringement
offence.
(2) A water infringement offence, for which
an infringement notice may be served, is
an infringement offence within the meaning
of the Infringements Act 2006.
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295B Indictable offences
Offences against sections 33E(1) and (2),
63(1) and (2), 75A(1) and (2), 76A(1)
and (2), 145A(1), (2), (4) and (5), 169A(1)
and (2), 194(1) and (1A), 195(1) and (1A),
208(1) and (1A), 288(1) and (2), 289(1)
and (2) and 289B(1) and (2) are indictable
offences.".
95 General evidentiary provisions
(1) In section 301(1) of the Principal Act, for
"delivered to a property" substitute "taken to,
supplied to, delivered to, or used on, a property".
(2) For section 301(2) and (3) of the Principal Act
substitute--
"(2) Subsection (3) applies if, in any proceeding
under this Act or the regulations or by-laws
under this Act in which the amount of water
taken to, supplied to, delivered to, or used
on, a property is relevant and--
(a) as a result of a water meter having
malfunctioned or having been
destroyed, damaged, altered or in any
way interfered with, the Authority
considers that the water meter did not
accurately record the amount of water
taken to, supplied to, delivered to, or
used on the property; or
(b) there is no accurately working meter on
the property.
(3) In any proceeding described in subsection
(2), evidence may be given of the amount
of water estimated by the Authority in
accordance with section 142A and any
relevant regulations, to have been taken to,
supplied to or delivered to, or used on the
property, during the relevant period and, in
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the absence of evidence to the contrary, the
evidence is proof that that amount of water
was taken to, supplied to, delivered to, or
used on that property during that period.".
96 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--
"(5) To avoid doubt, if the Minister delegates
a power, discretion, function, authority or
duty under section 232A, 287A, 287AG
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,
function, authority or duty.".
97 Powers of the Minister in enforcing certain Parts of
this Act
For section 309(1) of the Principal Act
substitute--
"(1) For the purposes of Parts 3A, 4, 4B and 5,
the Minister--
(a) has the powers given by section 133
to an officer of an Authority; and
(b) may authorise a person in writing
to exercise the powers given by
section 133.".
98 Regulations
(1) In section 324(1) of the Principal Act--
(a) in paragraph (ab), after "licence,"
insert "permit,";
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(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
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
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
(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
activities may be permitted,
restricted or prohibited; and
(v) the conservation and preservation
of flora, fauna and habitat in the
area; and
(vi) the control of the introduction of
any new flora or fauna to the area;
and
(vii) the control of the numbers of any
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--
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(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
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
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
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--
(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
(iv) the circumstances in which clear
title to the motor vehicle passes
on sale; and
(v) disposal of the proceeds of sale;
and
(vi) protection of the Authority from
liability in relation to payments
of the proceeds of sale; and
(vii) any other necessary or convenient
matter; and".
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(2) In section 324(1) of the Principal Act--
(a) in paragraph (f), for "water supply"
substitute "the supply, delivery, taking
or using of water";
(b) in paragraph (g), for "water supplied to land"
substitute "water supplied or delivered to
land, used on land or taken to land".
(3) In section 324(1) of the Principal Act, after
paragraph (u) insert--
"(ua) prescribing offences to be water
infringement offences, including that a water
infringement offence applies or does not
apply--
(i) at times, on days, in circumstances or at
places specified in the regulations; and
(ii) to a person or to a class of person
specified in the regulations; and
(ub) prescribing infringement penalties for water
infringement offences, including prescribing
different infringement penalties for water
infringement offences consisting of different
conduct, facts things or circumstances; and".
(4) For section 324(3)(f) of the Principal Act
substitute--
"(f) so as to impose a penalty for a contravention
of the regulations not exceeding 20 penalty
units, for an individual, or 100 penalty units,
for a body corporate; and
(g) so as to impose an infringement penalty
for a contravention of the regulations not
exceeding 12 penalty units, for an individual,
or 60 penalty units, for a body corporate.".
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99 New Part 16 inserted
After Part 15 of the Principal Act insert--
"Part 16--Transitional, validation
and other provisions--Water and
Catchment Legislation Amendment
Act 2019
Division 1--Serviced property,
transitional and validation provisions
335 Definitions
In this Division--
amending Act means the Water and
Catchment Legislation Amendment
Act 2019;
serviced property commencement means
the 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--
(a) any property that was, immediately
before that commencement, 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 before that
commencement) is taken to be serviced
property as if it had been declared to be
serviced property under section 144(1);
and
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(b) any property that was, immediately
before that commencement, deemed
to be serviced property within 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).
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
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
(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.
(2) Any land identified in the plan notified
in the Government Gazette under
subsection (1)(b)--
(a) as serviced property for the purposes
of 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 serviced property by the Authority
under section 144(1)(b); or
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(c) as serviced property for the purposes
of--
(i) water delivery services to the land
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
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
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).
(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--
(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
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
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(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
serviced property commencement;
or
(b) for Part 9, the land--
(i) is within the sewerage district of
the Authority; and
(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
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
provision of those services to that
land for 2 years or more before the
serviced property commencement;
or
(c) for Part 11, the land--
(i) is within the irrigation district of
the Authority; and
(ii) the Authority has made provision
for--
(A) water delivery services to the
land; or
(B) irrigation drainage or salinity
mitigation services in
relation to the land or that
directly benefit the land; and
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(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
(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
serviced property commencement;
or
(d) for Part 10, the land--
(i) is within the waterway
management district of the
Authority; and
(ii) the Authority has made provision
for regional drainage or floodplain
management services that are of
direct benefit to the land; and
(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
(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
serviced property commencement.
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338 Certain properties taken to have been
serviced properties for the purposes of
fees for services under Parts 8, 9, 10
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
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
339 Meaning of validation date
In this Division--
validation date means 19 March 2019.
340 Validation provision in respect of
section 287A
(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
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
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
validation date is to be taken to be, and
always to have been, validly collected
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or received, despite a failure by any
person to comply with that section; and
(c) any action, matter or thing taken,
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
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--
(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--
(i) a change in use (however
described) as specified in section
287A(1)(a) as in force at any time
before the validation date;
(ii) whether particular works or
measures carried out, or to be
carried out, offset the impact of
change in use on the environment;
(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
works or measures carried out, or
to be carried out, including but not
limited to whether the particular
works or measures are capital
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works or measures, or relate to
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,
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
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
following--
(i) that the person imposing the
requirement did so on the basis
that the person was satisfied that
particular environmental impacts
were a result of a change in use in
respect of that property and other
properties, rather than a change in
use in respect of that property
only;
(ii) otherwise in relation to the
ownership or location of the
property;
(d) compliance, or lack of compliance,
with a policy direction issued by the
Minister.
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(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.
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
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;
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 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
(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
purported fixing, collection or receipt,
whether under this Act or otherwise,
is taken to be, and to always have been,
valid and effective.
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(2) Without limiting subsection (1), that
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
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),
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
343 Regulatory impact statement not required
for first salinity impact determination
(1) Section 12E of the Subordinate Legislation
Act 1994 does not apply to--
(a) the first determination made under
section 232 immediately after the
commencement of that section and any
amendment of that determination; and
(b) the first determination made under
section 232B immediately after the
commencement of that section and any
amendment of that determination.
(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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Division 4--General
344 Transitional provision--Sustainable
Water Strategies--Water and Catchment
Legislation Amendment Act 2019
(1) Subject to subsection (2), on and from the
commencement day Division 1B of Part 3
as amended by the Water and Catchment
Legislation Amendment Act 2019 applies
in relation to an uncompleted Sustainable
Water Strategy, to that part of the process
that has not been completed.
(2) On and from the commencement day the
following provisions as in force immediately
before the commencement day apply to an
uncompleted Sustainable Water Strategy--
(a) section 22D(2);
(b) section 22E(b).
(3) In this section--
commencement day means the day on which
section 9 of the Water and Catchment
Legislation Amendment Act 2019
comes into operation;
uncompleted Sustainable Water Strategy
means a draft of a Sustainable Water
Strategy that is being prepared under
Division 1B of Part 3 but that has not
been endorsed as a Sustainable Water
Strategy under section 22G(1) before
the commencement day.
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345 Savings provision--Infringement
notices--Water and Catchment
Legislation Amendment Act 2019
(1) An infringement notice issued under
section 295A of the old Act that is
outstanding immediately before the
commencement day is taken not to be
affected by that commencement and the old
Act continues to apply to that infringement
notice as if section 94 of the Water and
Catchment Legislation Amendment
Act 2019 had not come into operation.
(2) In this section--
commencement day means the day on
which section 94 of the Water and
Catchment Legislation Amendment
Act 2019 comes into operation;
old Act means this Act as in force
immediately before the commencement
day.
346 Savings provision--Water (Estimation,
Supply and Sewerage) Regulations 2014--
Water and Catchment Legislation
Amendment Act 2019
On the commencement of section 56 of
the Water and Catchment Legislation
Amendment Act 2019, regulation 9 of the
Water (Estimation, Supply and Sewerage)
Regulations 2014 is taken to continue in
force as if that regulation were made under
section 142A(2)(b) of this Act (as in force
on and from that commencement) and may
be amended or revoked accordingly.".
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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
100 Section 2A repealed
Section 2A of the Principal Act is repealed.
101 Protection from liability
In section 17(1) of the Principal Act omit
"or section 74 of the Water Industry Act 1994".
102 Role of Minister
Section 22(4) of the Principal Act is repealed.
103 Definition and disallowance
Section 34(1)(b) of the Principal Act is repealed.
104 Section 35 repealed
Section 35 of the Principal Act is repealed.
105 Application for bulk entitlement
Section 36(1)(e) of the Principal Act is repealed.
106 Allocation of environmental entitlement
In section 48B(1) of the Principal Act--
(a) in paragraph (d), for "Corporation; or"
substitute "Corporation.";
(b) paragraph (e) is repealed.
107 Licence to take and use water
In section 51(1) of the Principal Act--
(a) in paragraph (c), for "Authority; or"
substitute "Authority.";
(b) paragraph (d) is repealed.
108 Water supply function of Melbourne Water
Corporation
(1) Section 171B(a)(i) and (ii) of the Principal Act
are repealed.
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(2) In section 171B(c) of the Principal Act,
for "paragraph (a)(i) to (vi)" substitute
"paragraphs (a)(iii) to (vi)".
109 Section 181 repealed
Section 181 of the Principal Act is repealed.
110 Sewerage functions of Melbourne Water
Corporation
Section 184A(a)(i) of the Principal Act is
repealed.
111 Closing of access by Authorities
In section 193(8) of the Principal Act omit
"or section 62 of the Water Industry Act 1994".
112 Part 14A repealed
Part 14A of the Principal Act is repealed.
113 Repeal of sections 330A, 330B and 330C consequent
on the repeal of Schedules 16 and 17
Sections 330A, 330B and 330C of the Principal
Act are repealed.
114 Sections 332 and 333 repealed
Sections 332 and 333 of the Principal Act are
repealed.
115 Schedule 4 repealed
Schedule 4 of the Principal Act is repealed.
116 Schedule 16 repealed
Schedule 16 of the Principal Act is repealed.
117 Schedule 17 repealed
Schedule 17 of the Principal Act is repealed.
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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
118 Definitions
(1) In section 3(1) of the Catchment and Land
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
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
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
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;
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;
(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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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
part of the area, the registered
Aboriginal party;
traditional owner group entity has the same
meaning as in the Traditional Owner
Settlement Act 2010;".
119 Objectives of Act
In section 4(c) of the Catchment and Land
Protection Act 1994, after "resource managers"
insert ", specified Aboriginal parties".
120 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";
(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
values and traditional ecological
knowledge of management of land
and water resources.".
121 Functions, powers and duties of Authorities
In section 12(1)(c) of the Catchment and Land
Protection Act 1994, after "in the region" insert
", including representatives of specified
Aboriginal parties,".
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122 New section 12B inserted
After section 12A of the Catchment and Land
Protection Act 1994 insert--
"12B Functions, powers and duties of
Melbourne Water Corporation
(1) Melbourne Water Corporation has the
following functions in respect of the
waterway management district of Melbourne
Water Corporation--
(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
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
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 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 Melbourne Water Corporation.
(4) Melbourne Water Corporation has the duties
conferred on it by or under this Act.".
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123 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 traditional ecological knowledge of
management of land and water resources
of the catchments in the region; and".
124 New section 27A inserted
After section 27 of the Catchment and Land
Protection Act 1994 insert--
"27A Special water supply catchment areas
in Melbourne Water Corporation's
waterway management district
(1) Melbourne Water Corporation may
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
supply catchment area in Melbourne
Water Corporation's waterway
management district should be revoked
or amended.
(2) The Minister must consider the
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
(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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(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) 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
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.
(7) In this Act or any other enactment, in
relation to special water supply catchment
area plans made under section 12B and land
use conditions imposed under special water
supply catchment area plans made under that
section--
(a) a reference to special area plan
includes a reference to special water
supply catchment area plan made
under section 12B; and
(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
district of Melbourne Water
Corporation under the Water
Act 1989.".
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125 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 traditional ecological knowledge of
management of land and water resources of
the special area to which the plan applies;
and".
126 Amendment of Schedule 2
(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
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
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--
(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
subclause (4)(c).".
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(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--
(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
agreement to a recognition and
settlement agreement;
(ii) an Aboriginal cultural heritage
land management agreement
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
(b) any determination of native title that
native title exists in relation to the area
affected by the management plan.".
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Part 5--Repeal of amending Act
Part 5--Repeal of amending Act
128 Repeal of amending Act
This Act is repealed on 19 March 2021.
Note
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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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.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "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."
By Authority. Government Printer for the State of Victoria.
123
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