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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Water Amendment (Victorian Environmental
Water Holder) Bill 2010
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 New Part 3AA inserted 3
PART 3AA--VICTORIAN ENVIRONMENTAL WATER
HOLDER 3
Division 1--Establishment of the Water Holder 3
33DA Definitions 3
33DB Victorian Environmental Water Holder 4
Division 2--Objectives, functions and powers of the Water
Holder 5
33DC Objectives of the Water Holder 5
33DD Functions of the Water Holder 5
33DE Powers of the Water Holder 6
Division 3--Governance of the Water Holder 6
33DF Constitution of the Water Holder 6
33DG Terms and conditions of appointment 7
33DH Removal of Commissioners 8
33DI Acting Commissioners 8
33DJ Declaration of pecuniary interests 9
33DK Payment of Commissioners 10
33DL Meetings of the Water Holder 10
33DM Staff 11
33DN Consultants 11
33DO Water Holder Trust Account 11
33DP Delegation 12
33DQ Application of Public Administration Act 2004 12
33DR Application of Financial Management Act 1994 13
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Clause Page
Division 4--Accountability of the Water Holder 13
33DS Ministerial directions 13
33DT Reporting requirements 14
33DU Recording requirements 14
Division 5--Planning by the Water Holder 14
33DV Preparation of corporate plan 14
33DW Variation of corporate plan during operation of plan 15
33DX Seasonal watering plans 16
33DY Seasonal watering statements 17
33DZ Water Holder may request information relating to
water season 19
Division 6--Ministerial rules relating to Water Holder 20
33DZA Ministerial rules relating to Water Holder 20
5 Limited term transfers 22
6 Assignment of water allocation 22
7 Further assignment of water allocation 22
8 Amendment of definition of Authority in relation to bulk
entitlements 22
9 Advertisement etc. of application 23
10 Order granting entitlement 23
11 Sections 46, 46A and 46B substituted 23
46 Assignment of water allocation 23
46A Further assignment of water allocation 24
46B Offence to give an assignment without Ministerial
approval 24
46C Ministerial approval 25
46D Transfer of bulk entitlement 26
46E Ministerial approval for transfer 26
46F Sale of bulk entitlement 27
46G Effect of transfer of bulk entitlement 28
12 Section 47C substituted 29
47C Application for conversion of licences or water shares
to bulk entitlements 29
47CA Minister may convert licence or water share to bulk
entitlement 30
47CB Effect of conversion 30
13 Amendment of references to environment Minister 31
14 Advertisement etc. of request 31
15 Amendment of entitlement by the Minister 32
16 Water allocations may be applied for other environmental
entitlements 32
17 Assignment of water allocation 32
18 Further assignment of water allocation 33
19 Ministerial approval 33
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Clause Page
20 Insertion of new sections to follow section 48O 33
48OA Transfer of environmental entitlement 33
48OB Ministerial approval for transfer 34
48OC Sale of environmental entitlement 34
48OD Effect of transfer of environmental entitlement 35
48OE Application for conversion of licences or water shares
to environmental entitlements 36
48OF Minister may convert licence or water share to
environmental entitlement 37
48OG Effect of conversion 37
21 Applications under the Division 38
22 Repeal of certain register, delegation powers etc. 38
23 Further offence for use of water in certain cases 38
24 New section 64APAA inserted 39
64APAA Definition 39
25 Power to register water uses 40
26 Applications for water-use registration 40
27 Section 64AS substituted 40
64AS Change of ownership of land specified in registration 40
28 Functions of Authorities 41
29 New sections 190 to 192A inserted 41
190 Preparation of regional waterway strategies 41
191 Approval of regional waterway strategies 43
192 Variation of regional waterway strategies during
operation of strategy 43
192A Seasonal watering proposals 43
30 New section 197A inserted 44
197A Ministerial rules for regional waterway strategies and
seasonal proposals 44
31 New Schedule inserted 45
SCHEDULE 4--Transitional Arrangements Water
Amendment (Victorian Environmental
Water Holder) Act 2010 45
1 Definition 45
2 Bulk entitlements 46
3 Environmental entitlements 46
4 Take and use licences 47
5 Water shares 47
6 Amendment of entitlements 47
7 Ministerial determination 47
32 Repeal of amending Act 48
ENDNOTES 49
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Water Amendment (Victorian
Environmental Water Holder) Bill 2010
A Bill for an Act to amend the Water Act 1989 to establish the
Victorian Environmental Water Holder as a body corporate
responsible for managing the environmental water holdings of the
State and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Water Act 1989 to--
(a) establish the Victorian Environmental Water
5 Holder as a body corporate responsible for
managing the State's environmental water
holdings; and
(b) provide for the role of waterway managers in
environmental water management; and
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s. 2
(c) otherwise improve the management of
environmental water in the State; and
(d) make further provision as to rights and
entitlements to water under that Act; and
5 (e) otherwise provide for matters under that Act.
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
10 operation before 1 January 2012, it comes into
operation on that day.
3 Definitions
See: (1) In section 3(1) of the Water Act 1989 insert the
Act No.
80/1989. following definitions--
Reprint No. 9
15 as at "Commonwealth Environmental Water Holder
24 April 2008
and
means the Commonwealth Environmental
amending Water Holder established under section 104
Act Nos
4/2008,
of the Water Act 2007 of the
12/2008, Commonwealth;
46/2008,
20 61/2008, Victorian Environmental Water Holdings
75/2008,
4/2009, means--
54/2009,
68/2009, (a) any environmental entitlements
69/2009,
1/2010 and
allocated to the Water Holder; and
6/2010.
LawToday:
(b) any interests in water shares held by the
25 www. Water Holder; and
legislation.
vic.gov.au (c) any licences to take and use water
under section 51 held by the Water
Holder; and
(d) any other rights under this Act held by
30 the Water Holder; and
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s. 4
(e) any agreements between the Water
Holder and any other person to supply
water to the Water Holder; and
(f) any bulk entitlement that is taken to be
5 granted to the Water Holder by the
operation of Schedule 4;
Water Holder means the Victorian Environmental
Water Holder established under
section 33DB(1);
10 Water Holdings means the Victorian
Environmental Water Holdings;".
(2) After section 3(3) of the Water Act 1989
insert--
"(4) In the case of land specified in a water-use
15 registration, occupier includes any person
within the definition of occupier set out in
section 64APAA.".
4 New Part 3AA inserted
After Part 3 of the Water Act 1989 insert--
20 "PART 3AA--VICTORIAN ENVIRONMENTAL
WATER HOLDER
Division 1--Establishment of the Water Holder
33DA Definitions
(1) In this Part--
25 acting Commissioner means a person
appointed to act as a Commissioner
under section 33DI;
Chairperson means the Commissioner
appointed as the Chairperson of the
30 Water Holder under
section 33DF(1)(a);
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s. 4
Commissioner means a person appointed as
a Commissioner under
section 33DF(1);
corporate plan means a plan made under
5 section 33DV or varied under
section 33DW;
Deputy Chairperson means the
Commissioner appointed as the Deputy
Chairperson of the Water Holder under
10 section 33DF(1)(b);
public entity has the same meaning as in the
Public Administration Act 2004;
seasonal watering plan means a plan made
under section 33DX;
15 seasonal watering statement means a
statement issued under section 33DY.
(2) A reference in sections 33DF(4), 33DJ,
33DK and 33DL to a Commissioner includes
a reference to an acting Commissioner.
20 33DB Victorian Environmental Water Holder
(1) There is established a body corporate called
the Victorian Environmental Water Holder.
(2) The Water Holder--
(a) has perpetual succession; and
25 (b) has an official seal; and
(c) may sue or be sued in its corporate
name; and
(d) may acquire, hold and dispose of real
and personal property; and
30 (e) may do and suffer all acts and things
that a body corporate may by law do
and suffer.
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(3) All courts must take judicial notice of the
Water Holder's official seal affixed to a
document and, until the contrary is proved,
must presume the seal was duly affixed.
5 (4) The official seal of the Water Holder must be
kept in the custody that is directed by the
Water Holder and must not be used except as
authorised by the Water Holder.
Division 2--Objectives, functions and powers
10 of the Water Holder
33DC Objectives of the Water Holder
The objectives of the Water Holder are to
manage the Water Holdings for the purposes
of--
15 (a) maintaining the environmental water
reserve in accordance with the
environmental water reserve objective;
and
(b) improving the environmental values
20 and health of water ecosystems,
including their biodiversity, ecological
functioning and water quality, and other
uses that depend on environmental
condition.
25 33DD Functions of the Water Holder
The functions of the Water Holder are to do
the following in accordance with the
objectives of the Water Holder--
(a) apply and use water in the Water
30 Holdings and otherwise exercise rights
in the Water Holdings in accordance
with this Act;
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(b) acquire and purchase rights and
entitlements for the Water Holdings
and dispose of and otherwise deal in
rights and entitlements in the Water
5 Holdings in accordance with this Act;
(c) plan for the purposes of paragraphs (a)
and (b);
(d) enter into any agreements for the
purposes of paragraphs (a) and (b);
10 (e) enter into any agreements for the
purposes of the co-ordination of the
exercise of rights under any water right
or entitlement held by another person,
including the Commonwealth
15 Environmental Water Holder;
(f) enter into any agreements with any
person for the provision of works by
that person to enable the efficient
application or use of water in the Water
20 Holdings.
33DE Powers of the Water Holder
The Water Holder has the power to do all
things necessary or convenient to be done
for, or in connection with, or incidental to,
25 the performance of its functions, powers and
duties.
Division 3--Governance of the Water Holder
33DF Constitution of the Water Holder
(1) The Water Holder consists of--
30 (a) one full-time or part-time
Commissioner who is the Chairperson
of the Water Holder; and
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(b) at least two full-time or part-time
Commissioners, one of whom is the
Deputy Chairperson of the Water
Holder; and
5 (c) any further full-time or part-time
Commissioners--
appointed by the Governor in Council on the
recommendation of the environment
Minister.
10 (2) The environment Minister must not
recommend a person for appointment under
subsection (1) unless that person has
knowledge of, or experience in, one or more
of the following fields--
15 (a) environmental management;
(b) sustainable water management;
(c) economics;
(d) public administration.
(3) In addition to the requirement set out in
20 subsection (2), the environment Minister
must not recommend a person for
appointment under subsection (1)(c) unless
the environment Minister considers the
appointment necessary to enable the Water
25 Holder to perform its functions.
(4) An act or decision of the Water Holder is not
invalid merely because of a defect or
irregularity in the appointment of a
Commissioner.
30 33DG Terms and conditions of appointment
(1) A Commissioner is appointed for the period,
not exceeding 5 years, that is specified in his
or her instrument of appointment.
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(2) A Commissioner is subject to the terms and
conditions specified in his or her instrument
of appointment.
(3) A Commissioner is eligible for
5 reappointment.
33DH Removal of Commissioners
(1) The Governor in Council, on the
recommendation of the environment
Minister, may remove a Commissioner from
10 office if the Commissioner has--
(a) refused, neglected or failed to carry out
the duties of his or her office; or
(b) demonstrated inefficiency or
misbehaviour in carrying out the duties
15 of his or her office; or
(c) become an insolvent under
administration; or
(d) not complied with any relevant rules
made under Division 6; or
20 (e) been found guilty of an indictable
offence.
(2) If a Commissioner is removed from office
under subsection (1), the environment
Minister must cause the reasons for that
25 removal to be laid before each House of
Parliament within 5 sitting days of that
House after that removal.
33DI Acting Commissioners
(1) The Governor in Council, on the
30 recommendation of the environment
Minister, may appoint a person to act as a
Commissioner--
(a) during a vacancy in the office of a
Commissioner; or
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(b) for a period during which a
Commissioner is unable to perform the
functions of his or her office.
(2) An acting Commissioner is appointed for the
5 period, not exceeding 6 months, specified in
his or her instrument of appointment.
(3) An acting Commissioner is subject to the
terms and conditions specified in his or her
instrument of appointment.
10 (4) An acting Commissioner is eligible for
reappointment.
(5) The Governor in Council, on the
recommendation of the environment
Minister, may remove an acting
15 Commissioner from office at any time.
33DJ Declaration of pecuniary interests
(1) If a Commissioner has a direct or indirect
pecuniary interest in a matter which he or
she is considering or is about to consider in
20 the course of performing his or her duties,
the Commissioner must as soon as
practicable after the Commissioner has
become aware of the relevant facts declare
the nature of that interest to the other
25 Commissioners.
(2) Subsection (1) does not apply if the interest
is as a result of the supply of goods or
services that are available to members of the
public on the same terms and conditions.
30 (3) If a Commissioner has made a declaration
under this section, the Commissioner must
not take any further part in any decision in
relation to the matter, unless the environment
Minister directs otherwise.
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(4) An act or decision of the Water Holder is not
invalid merely because of a failure to comply
with this section.
33DK Payment of Commissioners
5 A Commissioner is entitled to be paid any
remuneration and any travelling and other
allowances that are fixed by the Governor in
Council from time to time.
33DL Meetings of the Water Holder
10 (1) The Chairperson may convene as many
meetings of the Water Holder as the
Chairperson considers necessary.
(2) The Chairperson must preside at a meeting at
which the Chairperson is present.
15 (3) If the Chairperson is absent, the Deputy
Chairperson must preside at the meeting.
(4) If the Chairperson and Deputy Chairperson
are absent, the Commissioners present must
appoint a Commissioner to preside at the
20 meeting.
(5) The quorum for a meeting is a majority of
the Commissioners appointed for the time
being.
(6) A question arising at a meeting is determined
25 by a majority of the votes of the
Commissioners present and voting on the
question.
(7) The person presiding at a meeting has a
deliberative vote and, in the event of an
30 equality of votes on any question, a second
or casting vote.
(8) Subject to this Act, the Water Holder may
regulate its own proceedings.
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33DM Staff
(1) The Water Holder may employ any staff that
are necessary for the Water Holder to
perform its functions, powers or duties under
5 this Act under Part 3 of the Public
Administration Act 2004.
(2) The Water Holder may enter into agreements
or arrangements for the use of the services of
any staff employed under Part 3 of the
10 Public Administration Act 2004 or by an
Authority or other public entity.
33DN Consultants
The Water Holder may engage persons with
suitable qualifications and experience as
15 consultants on any terms and conditions the
Water Holder considers appropriate.
33DO Water Holder Trust Account
(1) There is established in the Trust Fund an
account known as the "Water Holder Trust
20 Account".
(2) There may be paid into the Water Holder
Trust Account the following--
(a) money donated to the Water Holder;
(b) money paid to the Water Holder by
25 another person, including the
Commonwealth Environmental Water
Holder, pursuant to an agreement with
that person;
(c) any other money received by, or on
30 behalf of, the Water Holder in the
performance of its functions, powers
and duties.
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(3) There must not be paid out of the Water
Holder Trust Account any money except
for--
(a) the purpose of meeting the objectives of
5 the Water Holder; or
Note
The objectives of the Water Holder are set out
in section 33DC.
(b) if the money was received by way of
10 donation, a purpose that is consistent
with the purpose for which the money
was donated.
33DP Delegation
The Water Holder may delegate any of its
15 functions, powers or duties, except this
power of delegation or a prescribed function,
power or duty, to--
(a) a member of staff employed under
section 33DM; or
20 (b) a Commissioner; or
(c) an Authority that has a waterway
management district; or
(d) any other person, or class of persons,
approved by the environment Minister.
25 33DQ Application of Public Administration
Act 2004
The Public Administration Act 2004
applies to the Water Holder as if the Water
Holder were a public entity, but not a small
30 entity, within the meaning of that Act.
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33DR Application of Financial Management
Act 1994
The Financial Management Act 1994
applies to the Water Holder as if the Water
5 Holder were a public body within the
meaning of that Act.
Division 4--Accountability of the Water
Holder
33DS Ministerial directions
10 (1) The environment Minister may give a
written direction to the Water Holder in
relation to the performance of its functions,
powers or duties.
(2) A direction given under subsection (1) must
15 not include a direction relating to--
(a) a particular application or use of water
in the Water Holdings or other exercise
of rights in the Water Holdings; or
(b) a particular acquisition or purchase of a
20 right or entitlement for the Water
Holdings or a particular disposal of or
other dealing in a right or entitlement in
the Water Holdings--
other than to ensure consistency with a
25 corporate plan or with any relevant rules
made under Division 6.
(3) The environment Minister must notify the
Water Holder in writing of his or her
intention to give a direction under subsection
30 (1) at least 14 days before giving that
direction.
(4) As soon as practicable after giving a
direction under subsection (1), the
environment Minister must publish in the
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Government Gazette notice of the direction,
including a statement or summary of the
contents of the direction.
(5) The Water Holder is required to include a
5 statement or summary of the contents of any
direction received under subsection (1) in its
annual report.
33DT Reporting requirements
The Water Holder must include in its annual
10 report information as to the performance of
its functions, powers and duties in that year
in accordance with any relevant rules made
under Division 6.
33DU Recording requirements
15 The Water Holder must keep and maintain
records to accurately account for the
performance of its functions under section
33DD(a) and (b) in accordance with any
relevant rules made under Division 6.
20 Division 5--Planning by the Water Holder
33DV Preparation of corporate plan
(1) The Water Holder must prepare a corporate
plan for each financial year and submit it to
the environment Minister at least 2 months
25 before the start of each financial year.
(2) A corporate plan must include the following
information in respect of the financial year to
which the plan relates and in respect of each
of the 3 subsequent financial years--
30 (a) the strategies and policies the Water
Holder will carry out to achieve its
objectives, and perform its functions;
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s. 4
(b) governance, funding and reporting
arrangements the Water Holder expects
to undertake for those strategies and
policies;
5 (c) performance indicators the Water
Holder intends to apply to the
performance of its functions;
(d) any other information required to be
included by any relevant rules made
10 under Division 6.
(3) In preparing a corporate plan, the Water
Holder must--
(a) comply with any procedural or
consultative requirements under any
15 relevant rules made under Division 6;
and
(b) have regard to any matters required
under any relevant rules made under
Division 6.
20 (4) The environment Minister may direct the
Water Holder in writing, within 2 months
after a corporate plan is submitted under
subsection (1), to vary the plan as the
environment Minister thinks fit.
25 (5) The environment Minister must publish in
the Government Gazette a direction given
under subsection (4).
(6) The Water Holder must make a corporate
plan publicly available at the office of the
30 Water Holder or on its website.
33DW Variation of corporate plan during
operation of plan
(1) A corporate plan may be varied after the start
of the financial year to which the plan
35 relates--
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s. 4
(a) at the direction of the environment
Minister; or
(b) on the motion of the Water Holder.
(2) The environment Minister must publish in
5 the Government Gazette a direction given
under subsection (1)(a).
(3) Before varying a corporate plan under
subsection (1)(b), the Water Holder must
submit the proposed variation to the
10 environment Minister.
(4) The environment Minister may agree to the
proposed variation.
(5) If the Minister does not agree to the
proposed variation, the environment Minister
15 must so notify the Water Holder within
30 days of a submission being made under
subsection (3).
33DX Seasonal watering plans
(1) The Water Holder must make a seasonal
20 watering plan for the whole of the State for
each water season.
(2) For the purposes of subsection (1), the Water
Holder may make seasonal watering plans
for different parts of the State.
25 (3) A seasonal watering plan must include the
following information in respect of the water
season to which the plan relates and in
respect of the part of the State to which the
plan relates, if the plan is made for a part of
30 the State--
(a) a forecast of climatic conditions; and
(b) priorities for the performance of its
functions under section 33DD(a)
and (b); and
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(c) any other information required to be
included by any relevant rules made
under Division 6.
(4) A seasonal watering plan may be varied by
5 the Water Holder at any time.
(5) Before making or varying a seasonal
watering plan, the Water Holder must--
(a) take into consideration any relevant
seasonal proposals prepared by an
10 Authority that has a waterway
management district under
section 192A; and
(b) ensure the plan is consistent with any
requirements set out in a bulk
15 entitlement or an environmental
entitlement held by the Water Holder;
and
(c) comply with any procedural or
consultative requirements under any
20 relevant rules made under Division 6;
and
(d) have regard to any matters required
under any relevant rules made under
Division 6.
25 (6) The Water Holder must make a seasonal
watering plan publicly available at the office
of the Water Holder or on its website.
33DY Seasonal watering statements
(1) The Water Holder may issue a seasonal
30 watering statement for any part of the State
in respect of the whole or a part of a water
season.
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(2) A seasonal watering statement may authorise
an Authority that has a waterway
management district to apply or use water in
the Water Holdings or otherwise exercise
5 rights in the Water Holdings within the
waterway management district of the
Authority on behalf of the Water Holder.
(3) A seasonal watering statement must include,
in respect of the part of the State and the
10 water season to which the statement
relates--
(a) the Authority that may apply or use
water in the Water Holdings or
otherwise exercise rights in the Water
15 Holdings on behalf of the Water
Holder; and
(b) in respect of water that is to be applied
or used, the rights that are to be
exercised under the rights or
20 entitlements in the Water Holdings and
any other rights in the Water Holdings
that are to be exercised; and
(c) the purpose for which, the amounts of
which and the circumstances in which
25 water under rights and entitlements
referred to in paragraph (b) is to be
applied or used; and
(d) any other information required to be
included by any relevant rules made
30 under Division 6.
(4) A seasonal watering statement may be made
at any time during the water season to which
the statement relates.
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(5) A seasonal watering statement must be
consistent with a seasonal watering plan for
the same water season to which the statement
relates.
5 (6) Before making a seasonal watering statement
the Water Holder must--
(a) ensure the statement is consistent with
any requirements set out in a bulk
entitlement or an environmental
10 entitlement held by the Water Holder;
and
(b) comply with any procedural or
consultative requirements under any
relevant rules made under Division 6;
15 and
(c) have regard to any matters required
under any relevant rules made under
Division 6.
(7) In the event of any inconsistency between
20 seasonal watering statements, the most
recent statement is to prevail to the extent of
that inconsistency.
(8) The Water Holder must make a seasonal
watering statement publicly available at the
25 office of the Water Holder or on its website.
33DZ Water Holder may request information
relating to water season
The Water Holder, by giving written notice
to an Authority that has a waterway
30 management district, may require the
Authority to give the Water Holder any
information relating to the application or use
of water in the Water Holdings or other
exercise of rights in the Water Holdings
35 within the waterway management district of
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the Authority in accordance with a seasonal
watering statement.
Division 6--Ministerial rules relating to Water
Holder
5 33DZA Ministerial rules relating to Water Holder
(1) The environment Minister, by Order
published in the Government Gazette, may
make rules in relation to--
(a) information for the purposes of
10 reporting requirements under
section 33DT;
(b) information for the purposes of
recording requirements under 33DU;
(c) procedural and consultative
15 requirements relating to the preparation
of corporate plans, seasonal watering
plans and seasonal watering statements;
(d) matters that the Water Holder must
have regard to when preparing
20 corporate plans, seasonal watering
plans and seasonal watering statements;
(e) information that must be included in
corporate plans, seasonal watering
plans and seasonal watering statements;
25 (f) consultative requirements to be
undertaken by the Water Holder with
communities and stakeholders;
(g) requirements as to the reporting by the
Water Holder to the environment
30 Minister in relation to the performance
of its functions, powers and duties;
561454B.I-26/5/2010 20 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 4
(h) information that must be made publicly
available by the Water Holder relating
to the performance of its functions,
powers or duties or by Authorities that
5 have waterway management districts
relating to the application or use of
water in the Water Holdings in the
waterway management districts of
those Authorities, being information
10 that will not disclose the identity of any
other person;
(i) the acquisition, purchase and disposal
of, and other dealing in, rights and
entitlements in the Water Holdings in
15 accordance with this Act;
(j) requirements as to how the Water
Holder is to make decisions as to the
priority of addressing seasonal watering
proposals prepared under section 192A
20 by Authorities that have waterway
management districts.
(2) An Order published under subsection (1)
must include the place at which a copy of the
rules may be inspected.
25 (3) The environment Minister must not make
any rules in relation to any matter for which
the environment Minister may not give a
written direction under section 33DS.
(4) The environment Minister must not make,
30 amend or vary any rules unless the
environment Minister has given the Water
Holder and Authorities that have waterway
management districts notice in writing of the
proposed rule, amendment or variation, and
35 has considered any written submission made
by the Water Holder or an Authority that has
561454B.I-26/5/2010 21 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 5
a waterway management district in response
to that notice.
(5) The Water Holder and Authorities that have
waterway management districts must comply
5 with any relevant rules made under this
section.
__________________".
5 Limited term transfers
In section 33T(1) of the Water Act 1989, after
10 "period to" insert "the Water Holder, or to".
6 Assignment of water allocation
(1) In section 33U(1)(e) of the Water Act 1989, for
"environment Minister on behalf of the Crown"
substitute "Water Holder".
15 (2) In section 33U(1A)(e) of the Water Act 1989, for
"environment Minister on behalf of the Crown"
substitute "Water Holder".
7 Further assignment of water allocation
In section 33V(1)(e) of the Water Act 1989, for
20 "environment Minister, on behalf of the Crown"
substitute "Water Holder".
8 Amendment of definition of Authority in relation to
bulk entitlements
(1) After section 34(1) of the Water Act 1989
25 insert--
"(1A) In this Division, Authority, in addition to
any other meaning set out in subsection (1),
also means the Water Holder to the extent of
any bulk entitlement referred to in
30 paragraph (f) of the definition of Victorian
Environmental Water Holdings.".
561454B.I-26/5/2010 22 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 9
(2) In section 34(5) of the Water Act 1989, for
", 47(4)(b), 47C(10)(b)(i) and (ii) and 64C(1)(b)(i)
and (ii)" substitute "and 47(4)(b)".
9 Advertisement etc. of application
5 Section 38(1)(c) of the Water Act 1989 is
repealed.
10 Order granting entitlement
In section 43(i) of the Water Act 1989, omit
"or Governor in Council (as the case requires)".
10 11 Sections 46, 46A and 46B substituted
For sections 46, 46A and 46B of the Water Act
1989 substitute--
"46 Assignment of water allocation
(1) An Authority may, by instrument, assign the
15 whole or a part of a water allocation
available under a bulk entitlement held by
the Authority under this Division (at the time
at which the assignment is made) to--
(a) a person who is the owner or occupier
20 of land specified in a water-use licence
or water-use registration; or
(b) the holder of a licence under section 51;
or
(c) a person who is the owner or occupier
25 of land in another State or a Territory of
the Commonwealth; or
(d) a person who represents the Crown in
the right of another State or a Territory
of the Commonwealth; or
30 (e) a person who is the holder of an
environmental entitlement; or
(f) a person who is the holder of a bulk
entitlement.
561454B.I-26/5/2010 23 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 11
(2) The Authority must not assign a water
allocation under subsection (1) unless the
Authority has first obtained the approval
of--
5 (a) the Minister; and
(b) where the case so requires, any other
Authority whose works will be used to
deliver the water.
(3) An assignment under this section entitles the
10 holder of the assignment to take and, subject
to any other requirements of this Act, use
water under the water allocation under the
bulk entitlement from the date specified in
the assignment.
15 46A Further assignment of water allocation
(1) A person to whom the whole or a part of a
water allocation has been assigned under
section 46, or under this section, may assign
the whole of the assigned allocation to
20 another person to whom section 46(1)(a),
(b), (c), (d), (e) or (f) applies.
(2) An assignment under this section entitles the
holder of the assignment to take and use
water under the water allocation under the
25 bulk entitlement from the date specified in
the assignment.
46B Offence to give an assignment without
Ministerial approval
(1) A generation company, within the meaning
30 of the Electricity Industry Act 2000, must
not assign a water allocation under
section 46 unless the Minister has approved
the assignment.
Penalty: 60 penalty units.
561454B.I-26/5/2010 24 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 11
(2) A person to whom the whole or a part of a
bulk entitlement has been assigned under
section 46 or 46A, must not further assign
the water allocation under section 46A
5 unless the Minister has approved the
assignment.
Penalty: 60 penalty units.
46C Ministerial approval
(1) The Minister may--
10 (a) on a request from the Authority,
approve the assigning of a water
allocation for the purposes of
section 46; or
(b) on an application by a person, approve
15 the assigning of a water allocation for
the purposes of section 46A.
(2) The Minister, in deciding whether or not to
approve an assignment under subsection (1),
must have regard to--
20 (a) any adverse effect that the assignment
is likely to have on--
(i) other persons that take water from
the same water system; and
(ii) on the maintenance of the
25 environmental water reserve in
accordance with the
environmental water reserve
objective;
(b) whether the assignment is in
30 accordance with any relevant rules
made by the Minister under
section 47E;
(c) any other prescribed reason.
561454B.I-26/5/2010 25 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 11
(3) Any request or application to the Minister to
which subsection (1) applies must--
(a) be made in a form and manner
approved by the Minister; and
5 (b) contain any information that is required
by the Minister; and
(c) be accompanied by the prescribed fee,
if any for the application.
46D Transfer of bulk entitlement
10 (1) An Authority that holds a bulk entitlement
under this Division may, by instrument,
transfer the bulk entitlement, in whole or in
part, to any person.
(2) An Authority must not transfer a bulk
15 entitlement under subsection (1) unless the
Authority has first applied for and obtained
the approval of the Minister.
(3) An application to the Minister under
subsection (2) must--
20 (a) be made in a form and manner
approved by the Minister; and
(b) contain any information that is required
by the Minister; and
(c) be accompanied by the prescribed fee,
25 if any, for the application.
46E Ministerial approval for transfer
(1) Subject to this section, the Minister, on
receiving an application under section
46D(2), may approve a transfer under
30 section 46D.
(2) The Minister must not approve a transfer of
the whole or a part of a bulk entitlement held
by the Water Holder unless the Minister has
561454B.I-26/5/2010 26 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 11
first obtained the approval of the
environment Minister.
(3) The Minister--
(a) must not approve the transfer if he or
5 she is of the opinion that--
(i) the transfer is likely to have an
adverse effect on the maintenance
of the environmental water reserve
in accordance with the
10 environmental water reserve
objective; or
(ii) the entitlement or part to be
transferred is not surplus to the
needs of the Authority; or
15 (b) in any other case, the Minister, in
considering whether or not to approve
the transfer, must have regard to--
(i) any of the matters mentioned in
section 40(1); and
20 (ii) any relevant rules made under
section 47E.
(4) In considering whether or not to approve the
transfer the Minister must give effect to an
approved management plan for any relevant
25 water supply protection area.
(5) The Minister must not deal with a transfer in
a way that is inconsistent with anything
specified in the Order granting the
entitlement under section 43(d).
30 46F Sale of bulk entitlement
(1) For the purposes of transferring a bulk
entitlement under section 46D, the Authority
has the power to sell the whole or part of the
bulk entitlement--
561454B.I-26/5/2010 27 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 11
(a) at auction; or
(b) by inviting tenders; or
(c) in any other manner it thinks fit.
(2) If an Authority decides to sell the whole or
5 part of a bulk entitlement under this section,
the Authority must cause a notice to be
published in the Government Gazette and in
a newspaper circulating generally in the area
concerned--
10 (a) declaring that the bulk entitlement, or a
part of the bulk entitlement, is available
for purchase; and
(b) giving details of the method by which
the bulk entitlement or part is to be
15 sold.
46G Effect of transfer of bulk entitlement
(1) For the purposes of the transfer of a bulk
entitlement or a part of a bulk entitlement
under this Division, the Minister, by notice
20 published in the Government Gazette--
(a) must determine the right or entitlement
under this Act that the transferred
entitlement is to become; and
(b) may determine any conditions that are
25 to apply to the specified right or
entitlement.
(2) The Minister must not determine a right or
entitlement under subsection (1) that the
person to whom it is being transferred is not
30 otherwise capable of holding.
(3) On the publication of the notice under
subsection (1), the entitlement or part that
has been transferred becomes the right or
entitlement determined by the Minister and
561454B.I-26/5/2010 28 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 12
is taken to have been granted in accordance
with this Act to the person to whom the
entitlement has been transferred.
(4) On the publication of the notice under
5 subsection (1), in the case of the transfer of a
part of a bulk entitlement, the transfer has, in
respect of the bulk entitlement from which it
is to be transferred, the effect that the bulk
entitlement is taken to be varied in
10 accordance with this Act to remove that part
of the entitlement that is transferred.
(5) In making a determination as to a right or
entitlement under this section, the Minister is
not required to comply with any other
15 provisions of this Act.".
12 Section 47C substituted
For section 47C of the Water Act 1989
substitute--
"47C Application for conversion of licences or
20 water shares to bulk entitlements
(1) An Authority that holds a water share or
licence under section 51 may apply to the
Minister to have the water share or licence
converted to a bulk entitlement under this
25 Division.
(2) An Authority that holds a water share or
licence under section 51 must apply to the
Minister to have the water share or licence
converted to a bulk entitlement under this
30 Division, if requested to do so by the
Minister.
561454B.I-26/5/2010 29 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 12
(3) An application to the Minister under this
section must--
(a) be made in a form and manner
approved by the Minister; and
5 (b) contain any information that is required
by the Minister; and
(c) be accompanied by the prescribed fee,
if any for the application.
47CA Minister may convert licence or water
10 share to bulk entitlement
(1) The Minister may convert a water share or
licence under section 51 that is held by an
Authority to a bulk entitlement under this
Division held by that Authority, on receiving
15 an application from the Authority under
section 47C.
(2) In considering an application under
section 47C, the Minister must have regard
to any matter referred to in section 40(1)(a)
20 to (o).
47CB Effect of conversion
(1) On determining that a licence under
section 51 or water share is converted to a
bulk entitlement, the Minister must, by
25 notice published in the Government
Gazette--
(a) in the case of a licence under
section 51, cancel the licence and
either--
30 (i) amend an existing bulk
entitlement to add the amount of
water that may be taken and used
in accordance with the licence; or
561454B.I-26/5/2010 30 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 13
(ii) create a new bulk entitlement to
the amount of water that may be
taken and used in accordance with
the licence; or
5 (b) in the case of a water share, cancel the
water share and either--
(i) amend the bulk entitlement to add
the maximum volume of the water
share; or
10 (ii) create a new bulk entitlement with
the maximum volume of the water
share.
(2) The Minister may impose any terms and
conditions on the bulk entitlement created or
15 amended under subsection (1) that the
Minister thinks fit.
(3) In creating or amending bulk entitlement
under this section, the Minister is not
required to comply with any other provisions
20 of this Act.".
13 Amendment of references to environment Minister
(1) In section 48B(1) of the Water Act 1989, for
"environment Minister, on behalf of the Crown"
substitute "Water Holder".
25 (2) In section 48C(1)(b) of the Water Act 1989, for
"environment Minister" substitute "Water
Holder".
14 Advertisement etc. of request
In section 48D(1)(b) of the Water Act 1989, for
30 "environment Minister" substitute "Water
Holder".
561454B.I-26/5/2010 31 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 15
15 Amendment of entitlement by the Minister
(1) In section 48K(1) of the Water Act 1989, for
"environment Minister" substitute "Water
Holder".
5 (2) In section 48K(2) of the Water Act 1989--
(a) for "environment Minister" substitute
"Water Holder"; and
(b) for "he or she" substitute "the Water
Holder".
10 16 Water allocations may be applied for other
environmental entitlements
In section 48KA of the Water Act 1989, for
"environment Minister" substitute "Water
Holder".
15 17 Assignment of water allocation
(1) In section 48L(1) of the Water Act 1989--
(a) for "environment Minister" substitute
"Water Holder";
(b) after paragraph (a) insert--
20 "(ab) a person who is the holder of a licence
under section 51; or".
(2) For section 48L(1A) of the Water Act 1989
substitute--
"(1A) The Water Holder must not assign a water
25 allocation under subsection (1) unless the
Water Holder has first obtained the approval
of--
(a) the Minister; and
(b) any Authority whose works will be
30 used to deliver the water.".
561454B.I-26/5/2010 32 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 18
(3) For section 48L(2) of the Water Act 1989
substitute--
"(2) The Minister, in approving an assignment
under subsection (1), must have regard to--
5 (a) any adverse effect that the assignment
is likely to have on--
(i) other persons that take water from
the same water system; and
(ii) the maintenance of the
10 environmental water reserve in
accordance with the
environmental water reserve
objective; or
(b) whether the assignment is in
15 accordance with any relevant rules
made under section 48P.".
18 Further assignment of water allocation
In section 48M of the Water Act 1989, for
"to another person who is the owner or occupier
20 of land specified in a water-use licence or water-
use registration" substitute "to another person to
whom section 48L(1)(a), (b), (c) or (d) applies".
19 Ministerial approval
In section 48O(1)(a) of the Water Act 1989, for
25 "environment Minister" substitute "Water
Holder".
20 Insertion of new sections to follow section 48O
After section 48O of the Water Act 1989
insert--
30 "48OA Transfer of environmental entitlement
(1) The Water Holder may, by instrument, apply
to transfer the whole or a part of an
environmental entitlement, to any person.
561454B.I-26/5/2010 33 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 20
(2) The Water Holder must not transfer an
environmental entitlement under subsection
(1) unless the Water Holder has first applied
for and obtained the approval of the
5 Minister.
48OB Ministerial approval for transfer
(1) Subject to this section, the Minister may, on
application by the Water Holder under
section 48OA(2), approve a transfer under
10 that section.
(2) The Minister must not approve a transfer of
the whole or a part of an environmental
entitlement under this section unless the
Minister has first obtained the approval of
15 the environment Minister.
(3) The Minister, in considering whether or not
to approve the transfer must have regard to--
(a) any of the matters mentioned in
section 40(1); and
20 (b) whether the transfer is in accordance
with any relevant rules made under
section 48P.
(4) In considering whether or not to approve the
transfer the Minister must give effect to an
25 approved management plan for any relevant
water supply protection area.
(5) The Minister must not deal with a transfer in
a way that is inconsistent with anything
specified in the Order allocating the
30 entitlement under this Division.
48OC Sale of environmental entitlement
(1) For the purposes of transferring an
environmental entitlement under section
48OA, the Water Holder has the power to
35 sell the whole or part of the entitlement--
561454B.I-26/5/2010 34 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 20
(a) at auction; or
(b) by inviting tenders; or
(c) in any other manner it thinks fit.
(2) If the Water Holder decides to sell the whole
5 or part of the entitlement under this section,
the Water Holder must cause a notice to be
published in the Government Gazette and in
a newspaper circulating generally in the area
concerned--
10 (a) declaring that the environmental
entitlement, or a part of the
environmental entitlement, is available
for purchase; and
(b) giving details of the method by which
15 the environmental entitlement or part is
to be sold.
48OD Effect of transfer of environmental
entitlement
(1) For the purposes of the transfer of an
20 environmental entitlement or a part of an
environmental entitlement under this
Division, the Minister, by notice published in
the Government Gazette--
(a) must determine the right or entitlement
25 under this Act that the transferred
entitlement is to become; and
(b) may determine any conditions that are
to apply to the specified right or
entitlement.
30 (2) The Minister must not determine a right or
entitlement under subsection (1) that the
person to whom it is being transferred is not
otherwise capable of holding.
561454B.I-26/5/2010 35 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 20
(3) On the publication of the notice under
subsection (1), the entitlement or part that
has been transferred becomes the right or
entitlement determined by the Minister and
5 is taken to have been granted in accordance
with this Act to the person to whom the
entitlement has been transferred.
(4) On the publication of the notice under
subsection (1), in the case of the transfer of a
10 part of an environmental entitlement, the
transfer has, in respect of the environmental
entitlement from which it is to be transferred,
the effect that the environmental entitlement
is taken to be varied in accordance with this
15 Act to remove that part of the entitlement
that is transferred.
(5) In making a determination of a right or
entitlement under this section, the Minister is
not required to comply with any other
20 provisions of this Act.
48OE Application for conversion of licences or
water shares to environmental
entitlements
(1) If the Water Holder holds a water share or
25 licence under section 51, the Water Holder
may apply to the Minister to have the water
share or licence converted to an
environmental entitlement under this
Division.
30 (2) The Water Holder must apply to the Minister
to have a water share or licence under
section 51 converted to an environmental
entitlement under this Division, if requested
to do so by the Minister.
561454B.I-26/5/2010 36 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 20
48OF Minister may convert licence or water
share to environmental entitlement
(1) Subject to this section, the Minister may
convert a water share or licence under
5 section 51 that is held by the Water Holder to
an environmental entitlement under this
Division on receiving an application from
the Water Holder under section 48OE.
(2) In considering an application for conversion
10 under section 48OE, the Minister may have
regard to any matter referred to in section
40(1)(a) to (o).
48OG Effect of conversion
(1) On determining that a licence under
15 section 51 or water share is converted to an
environmental entitlement, the Minister
must, by notice published in the Government
Gazette--
(a) in the case of a licence under
20 section 51, cancel the licence and
either--
(i) amend an existing environmental
entitlement to add the amount of
water that may be taken and used
25 in accordance with the licence; or
(ii) create a new environmental
entitlement to the amount of water
that may be taken and used in
accordance with the licence; or
30 (b) in the case of a water share, cancel the
water share and either--
(i) amend the environmental
entitlement to add the maximum
volume of the water share; or
561454B.I-26/5/2010 37 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 21
(ii) create a environmental bulk
entitlement with the maximum
volume of the water share.
(2) The Minister may impose any terms and
5 conditions on the environmental entitlement
created or amended under subsection (1) that
the Minister thinks fit.
(3) In creating or amending an environmental
entitlement under this section, the Minister is
10 not required to comply with any other
provisions of this Act.".
21 Applications under the Division
In section 48PA of the Water Act 1989--
(a) after "An application" insert "to the
15 Minister";
(b) after paragraph (a) insert--
"(ab) must contain any information that is
required by the Minister; and".
22 Repeal of certain register, delegation powers etc.
20 (1) Section 48G(b) of the Water Act 1989 is
repealed.
(2) Sections 48PB and 48Q of the Water Act 1989
are repealed.
23 Further offence for use of water in certain cases
25 (1) For section 64K(1) of the Water Act 1989
substitute--
"(1) A person must not use water that is
authorised to be taken under Part 3A on land
specified in a water-use licence or water-use
30 registration unless--
561454B.I-26/5/2010 38 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 24
(a) the water is being taken under a water
share that is associated with the land
specified in the water-use licence or
water-use registration; or
5 (b) the Minister has approved the use of the
water on that land.
Penalty: 60 penalty units.
(1A) A person must not use water that is
authorised to be taken under the assignment
10 of an allocation under section 46, 46A, 48L
or 48M on land specified in a water-use
licence or water-use registration unless the
Minister has approved the use of the water
on that land.
15 Penalty: 60 penalty units.
(1B) Subsection (1A) does not apply to any use of
water by the Water Holder under an
assignment of an allocation under section 46,
46A, 48L or 48M.".
20 (2) In section 64K(2) and (4) of the Water Act 1989,
after "subsection (1)" (wherever occurring) insert
"and subsection (1A)".
(3) In section 64K(5) of the Water Act 1989, after
"subsection (1)" insert "or subsection (1A)".
25 24 New section 64APAA inserted
Before section 64AP of the Water Act 1989
insert--
"64APAA Definition
In this Division--
30 occupier, in relation to land, means a
prescribed person, or a person of a
prescribed class of person, who has a
right of access to the land or
561454B.I-26/5/2010 39 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 25
responsibility for the provision of a
service to the land.".
25 Power to register water uses
In section 64AP of the Water Act 1989--
5 (a) after "owner" insert "or occupier"; and
(b) after "owned" insert "or occupied".
26 Applications for water-use registration
In section 64AR(1) of the Water Act 1989, after
"owner" insert "or occupier".
10 27 Section 64AS substituted
For section 64AS of the Water Act 1989
substitute--
"64AS Change of ownership of land specified in
registration
15 (1) If a person who is the holder of a water-use
registration is the owner of the land specified
in the registration and that person transfers
his or her ownership of the whole of the land
so specified to another person, that person is
20 taken to be the holder of the water-use
registration.
(2) If a person who is the holder of a water-use
registration is the owner of the land specified
in the registration and that person transfers
25 his or her ownership of part only of the land
so specified to another person, the
registration is taken to be cancelled on the
day on which the transfer of ownership takes
place.".
561454B.I-26/5/2010 40 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 28
28 Functions of Authorities
After section 189(1) of the Water Act 1989
insert--
"(1A) In addition to the functions under subsection
5 (1), an Authority that has a waterway
management district has the following
functions--
(a) to identify and plan for State and local
community needs relating to the
10 application or use of water in the Water
Holdings or other exercise of rights in
the Water Holdings within the
waterway management district of the
Authority; and
15 (b) to apply or use water in the Water
Holdings or otherwise exercise rights in
the Water Holdings within the
waterway management district of the
Authority in accordance with any
20 relevant seasonal watering statement.".
29 New sections 190 to 192A inserted
After section 189 of the Water Act 1989 insert--
"190 Preparation of regional waterway
strategies
25 (1) For the purposes of performing its functions
under section 189(1) and (1A), an Authority
that has a waterway management district
must prepare a regional waterway strategy
for its waterway management district and
30 submit it to the environment Minister and the
Minister administering this Act for approval.
(2) A regional waterway strategy must include
the following information in respect of the
waterway management district to which the
35 strategy relates--
561454B.I-26/5/2010 41 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 29
(a) plans and priorities for performing the
Authority's functions;
(b) a program of actions for implementing
those plans and priorities;
5 (c) any other information required to be
included by any relevant rules made
under section 197A.
(3) In preparing a regional waterway strategy, an
Authority must--
10 (a) take into account any relevant strategy
for river health or sustainable water
strategy prepared under Part 3; and
(b) take into account any relevant strategy
or statement of policy or plan prepared
15 under this Act, the Catchment and
Land Protection Act 1994, the Flora
and Fauna Guarantee Act 1988, the
Heritage Rivers Act 1992, the
Planning and Environment Act 1987
20 and the Environment Protection Act
1970; and
(c) comply with any procedural or
consultative requirements under any
relevant rules made under
25 section 197A.
(4) In preparing a regional waterway strategy,
the Authority may have regard to the
aesthetic, recreational and cultural values of
waterways within its waterway management
30 district.
(5) The environment Minister or the Minister
administering this Act may direct the
Authority in writing, before the regional
waterway strategy is approved, to vary the
35 plan as the environment Minister or the
Minister administering this Act thinks fit.
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s. 29
191 Approval of regional waterway strategies
The environment Minister and the Minister
administering this Act may approve a
regional waterway strategy submitted under
5 section 190 and notify the Authority in
writing of its decision.
192 Variation of regional waterway strategies
during operation of strategy
(1) A regional waterway strategy may be varied
10 after it has been approved under
section 191--
(a) at the direction of the environment
Minister or the Minister administering
this Act; or
15 (b) on the motion of the Authority.
(2) Before varying a regional waterway strategy
under subsection (1)(b), an Authority must--
(a) comply with any procedural or
consultative requirements under any
20 relevant rules made under
section 197A; and
(b) submit the proposed variation to the
environment Minister and the Minister
administering this Act.
25 (3) The environment Minister and the Minister
administering this Act must decide whether
or not to agree to the proposed variation
within 60 days of a submission being made
under subsection (2) and notify the Authority
30 in writing of its decision.
192A Seasonal watering proposals
(1) An Authority that has a waterway
management district must prepare, for each
water season, seasonal proposals for the
561454B.I-26/5/2010 43 BILL LA INTRODUCTION 26/5/2010
Water Amendment (Victorian Environmental Water Holder) Bill 2010
s. 30
application or use of water in the Water
Holdings or other exercise of rights in the
Water Holdings in that water season within
its waterway management district.
5 (2) A proposal prepared by an Authority under
subsection (1) must--
(a) be consistent with the Authority's
regional waterway strategy approved
under section 191; and
10 (b) comply with any procedural or
consultative requirements under any
relevant rules made under
section 197A.".
30 New section 197A inserted
15 After section 197 of the Water Act 1989 insert--
"197A Ministerial rules for regional waterway
strategies and seasonal proposals
(1) The environment Minister, by Order
published in the Government Gazette, may
20 make rules in relation to--
(a) procedural and consultative
requirements relating to the preparation
of regional waterway strategies under
section 190;
25 (b) matters that must be included in
regional waterway strategies prepared
under section 190;
(c) requirements as to the public
availability of regional waterway
30 strategies approved under section 191;
(d) procedural and consultative
requirements related to the preparation
of seasonal watering proposals under
section 192A.
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s. 31
(2) An Order published under subsection (1)
must include the place at which a copy of the
Ministerial rules may be inspected.
(3) The environment Minister must not make,
5 amend or vary any rules unless the
environment Minister has given Authorities
that have waterway management districts
notice in writing of the proposed rule,
amendment or variation, and has considered
10 any written submission made by an
Authority that has a waterway management
district in response to that notice.".
31 New Schedule inserted
After Schedule 3 to the Water Act 1989 insert--
15 "SCHEDULE 4
TRANSITIONAL ARRANGEMENTS WATER
AMENDMENT (VICTORIAN
ENVIRONMENTAL WATER HOLDER)
ACT 2010
20 1 Definition
In this Schedule--
environmental water holder commencement
means the commencement of section 4
of the Water Amendment (Victorian
25 Environmental Water Holder) Act
2010;
transferred environmental bulk entitlement
means a bulk entitlement to water
granted to the environment Minister
30 and in force immediately before the
environmental water holder
commencement, that is specified in a
determination made by the Minister
under clause 7;
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s. 31
transferred environmental entitlement
means an environmental entitlement
allocated to the environment Minister
and in force immediately before the
5 environmental water holder
commencement, that is specified in a
determination made by the Minister
under clause 7;
transferred take and use licence means a
10 licence under section 51 issued to the
environment Minister and in force
immediately before the environmental
water holder commencement, that is
specified in a determination made by
15 the Minister under clause 7;
transferred water share means a water share
granted to the environment Minister
and in force immediately before the
environmental water holder
20 commencement, that is specified in a
determination made by the Minister
under clause 7.
2 Bulk entitlements
On the environmental water holder
25 commencement, a transferred environmental
bulk entitlement is taken to be a bulk
entitlement to water granted to the Water
Holder under this Act.
3 Environmental entitlements
30 On the environmental water holder
commencement, a transferred environmental
entitlement is taken to be an environmental
entitlement allocated to the Water Holder
under section 48B(1).
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s. 31
4 Take and use licences
On the environmental water holder
commencement, a transferred take and use
licence is taken to be a licence issued under
5 section 51 to the Water Holder.
5 Water shares
On the environmental water holder
commencement, a transferred water share is
taken to be a water share granted to the
10 Water Holder under Part 3A.
6 Amendment of entitlements
(1) The Minister, by notice in writing, may make
any amendments to a bulk entitlement or
environmental entitlement that are necessary
15 as a consequence of the environmental water
holder commencement.
(2) A notice under this clause must be made
before the environmental water holder
commencement.
20 (3) A notice of the making of a notice under this
clause must be published in the Government
Gazette before or on the environmental water
holder commencement.
(4) A copy of a notice under this section must be
25 given to the holder of the bulk entitlement or
environmental entitlement before or on the
environmental water holder commencement.
7 Ministerial determination
(1) The Minister, by determination in writing,
30 may specify any environmental entitlements,
bulk entitlements, licences issued under
section 51 or water shares held by the
environment Minister that are to be
transferred to the Water Holder.
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s. 32
(2) A determination under this clause must be
made before the environmental water holder
commencement.
(3) A notice of the making of a determination
5 under this clause must be published in the
Government Gazette before or on the
environmental water holder commencement.
__________________".
32 Repeal of amending Act
10 This Act is repealed on 1 January 2013.
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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Water Amendment (Victorian Environmental Water Holder) Bill 2010
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561454B.I-26/5/2010 49 BILL LA INTRODUCTION 26/5/2010
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