[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA Water (Resource Management) Act 2005 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2--ENVIRONMENTAL WATER RESERVE AND WATER PLANNING 3 3. Definitions 3 4. Insertion of new sections 4A and 4B 4 4A. The Environmental Water Reserve 4 4B. Environmental Water Reserve Objective 4 5. Crown's right to water 5 6. Private rights to water, recycled water 5 7. Section 13 repealed 5 8. Role of Minister 6 9. Amendment of heading in Part 3 7 10. Declaration of permissible consumptive volumes 7 11. New Divisions inserted 8 Division 1B--Sustainable Water Strategies 8 22B. Preparation of a Sustainable Water Strategy 8 22C. Contents of a Sustainable Water Strategy 9 22D. Consultative committee--Sustainable Water Strategy 10 22E. Preparation of a draft Sustainable Water Strategy 10 22F. Appointment of Panel 11 22G. Consideration of draft Strategy by the Minister 12 22H. Publication of Sustainable Water Strategy 13 22I. Review of Sustainable Water Strategy 13 22J. Report on Sustainable Water Strategies 14 Division 1C--Long-term Water Resources Assessments 14 22K. Preparation of a program of long-term water resources assessments 14 22L. Contents of a long-term water resources assessment 15 22M. Preparation of a draft long-term water resources assessment 15 i 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Clause Page 22N. Review by Environment Protection Authority 16 22O. Consideration and publication of long-term water resources assessment 17 22P. Review following long-term water resources assessment 18 22Q. Consultative committee for review 19 22R. Review process 20 22S. Reporting of panel 22 22T. Consideration and publication of review 23 22U. Annual report on long-term water resources assessment 24 22V. Program of implementation of review 24 12. Powers of Minister in relation to assessment program 24 13. Management Plans 25 14. Substitution of Division 4 of Part 3 26 Division 4--Minister's Powers to Qualify Rights 26 33. Definitions 26 33AAA. Temporary qualification of rights to water 26 33AAB. Permanent qualification of rights to water 27 33AAC. Procedures applying to qualifications 28 15. Applications for bulk entitlements 29 16. Matters to take into account in grant of bulk entitlement 29 17. Orders granting bulk entitlements 30 18. Appointment of environmental manager 30 19. Insertion of new sections 44A and 44B 31 44A. Amendment of entitlement where water allocated to environmental entitlement 31 44B. Cancellation of bulk entitlement where water to be transferred to environmental entitlement 31 20. Transfer of bulk entitlements 32 21. Transfers of bulk entitlements to irrigators 33 22. Approval of Minister to temporary transfers of entitlements outside Victoria 34 23. Minister may sell unallocated water 35 24. Insertion of Division 1A of Part 4 35 Division 1A--Environmental Entitlements 35 48A. Definitions 35 48B. Allocation of environmental entitlement 35 48C. Requirements as to making of allocation 36 48D. Advertisement etc. of request 37 48E. Appointment of panel 37 48F. Matters to be considered 38 48G. Determination of request 39 48H. Procedures required in determining request 39 48I. Requirements as to instrument allocating entitlement 40 48J. Conditions relating to entitlements 42 ii 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Clause Page 48K. Amendment of entitlement by the Minister 43 48L. Assignment of allocation of water 44 48M. Further assignment of water allocation 44 48N. Offence to give an assignment without Ministerial approval 44 48O. Ministerial approval 44 48P. Rule making powers for environmental entitlements 45 48Q. Volume of assignments to be recorded in annual report 46 25. Take and use licences, recycled water 46 26. Repeal of in-stream use licences 46 27. Determination of application for licence 46 28. Conditions of take and use licences 47 29. Transfer of licence 47 30. Temporary supply of interstate water 48 31. Conditions on works licences 49 32. Transfer of works licence 49 33. Power of Minister to give directions 50 34. New Division 6B inserted in Part 6 51 Division 6B--Transfer of Property etc. from Authority to Licensee 51 115D. Definitions 51 115E. Application to Minister for approval of transfer proposal 53 115F. Property transferred in accordance with allocation statement 55 115G. Allocation of property etc. subject to encumbrances 55 115H. Certificate of chief executive officer 56 115I. Value of transferred property 57 115J. Substitution of party to agreement 57 115K. Former Authority instruments 57 115L. Proceedings 57 115M. Interests in land 58 115N. Easements 58 115O. Amendment of Register 58 115P. Taxes 59 115Q. Evidence 59 115R. Validity of things done under this Division 60 35. Notice to connect, recycled water 61 36. Insertion of new section 186A 61 186A. Statements of obligations of Authorities with waterway management functions 61 37. Functions of Waterway Management Authorities 63 iii 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Clause Page PART 3--SHARES, LICENCES, DELIVERY AND RELATED MATTERS 64 38. Definitions 64 39. Insertion of new section 6A 70 6A. Power to declare water systems 70 40. Role of Minister in relation to water shares 70 41. Insertion of new Part 3A 71 PART 3A--WATER SHARES 71 Division 1--Offence as to Taking of Water 71 33E. Offence to take water without authorisation 71 Division 2--Issuing and Nature of Water Share 72 33F. Issuing and nature of water shares 72 33G. Matters the Minister must determine in issuing a water share 73 33H. Matters Minister must specify in issuing water share 73 33I. Circumstances in which Minister must not issue a share 74 33J. Matters to be considered in issuing certain water shares 75 33K. Matters to be considered in issuing water shares on interstate applications 78 Division 3--Application for or Sale of Water Shares 78 33L. Application for water share 78 33M. Applications for water shares by holders of interstate right 79 33N. Minister to defer application where area is proposed to be a water supply protection area 79 33O. Minister to advise applicant of decision 80 33P. Sale of water shares by Minister 80 Division 4--Variation of Water Shares 81 33Q. Power of Minister to vary water shares 81 33R. Applications for variation of water shares 82 Division 5--Dealings with Water Shares 82 33S. Transfer of ownership of water share 82 33T. Limited term transfers 83 33U. Assignment of water allocation 83 33V. Further assignment of water allocation 84 33W. Offence to give a transfer or assignment without Ministerial approval 84 iv 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Clause Page 33X. Ministerial approval 85 33Y. Division of water shares 86 33Z. Consolidation of water shares 87 Division 6--Surrender and Cancellation of Water Shares 89 33AA. Surrender of water share 89 33AB. Cancellation where interstate rights are obtained 89 Division 7--Water Allocations 90 33AC. Water allocations 90 33AD. Approval for taking of water allocation in subsequent season 91 Division 8--Intrastate and Interstate Agreements and Approvals 91 33AE. Interstate agreement as to dealings in water rights 91 33AF. Offence to take interstate water without approval of Minister 92 33AG. Approval of Minister to taking of interstate water 92 33AH. Offence to take water under a water allocation outside the associated water system without approval of Minister 93 33AI. Approval of Minister to taking of water outside water system 93 Division 9--Fees for Provision of Services to Owners of Water Shares 94 33AJ. Service provision fees 94 33AK. Fee to be a charge over water share 94 Division 10--Associated Water Shares 95 33AL. Determination as to water share being an associated water share 95 33AM. Matters to be considered in making of the determination as to associated water shares 95 33AN. Determination as to cessation as associated water share where no works etc. available 97 33AO. Revocation of associated water share determination by Minister 97 33AP. Revocation of associated water share determination on application 99 33AQ. Applications for and notices of determinations under this Division 100 v 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Clause Page Division 11--Non Water User Limit 100 33AR. Power to make determinations as to non water user limit 100 33AS. Obligations for water share owners on cessation of ownership or occupation of land 102 33AT. Obligations on water share owners on revocation or cancellation of water-use licence 103 33AU. Obligations on water share owners on revocation or cancellation of water-use registration 104 Division 12--Miscellaneous Matters as to Water Shares 105 33AV. Transfer of water shares on death of owner 105 33AW. Applications under this Part 106 33AX. Application for Tribunal to review certain decisions of Minister as to water shares 106 33AY. Time for making application 107 Division 13--Rule Making Powers of Minister 107 33AZ. Rule making powers for water shares 107 42. Transfer of entitlements to irrigators 108 43. Conversion to bulk entitlements 108 44. Sale of unallocated water 110 45. Insertion of new section 47E 110 47E. Rule making powers for bulk entitlements 110 46. Take and use licences not to be issued in declared water systems 111 47. Registration Licences 111 48. Licence renewals 112 49. Transfers of licences 112 50. Offence to take and use water in non-declared water systems 112 51. Insertion of new section 64AAA 112 64AAA. Rule making powers for licences under section 51 112 52. Insertion of Division 5 of Part 4 113 Division 5--Seasonal Determinations 113 64GA. Appointment of Authorities to be responsible for seasonal determinations 113 64GB. Seasonal determinations by Authorities 113 53. Supply of interstate water 116 vi 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Clause Page 54. Insertion of new Part 4B 116 PART 4B--WATER-USE LICENCES AND WATER USE REGISTRATIONS 116 Division 1--Offences 116 64J. Offence to use water for certain purposes on land without licence 116 64K. Further offence for use of water in certain cases 117 Division 2--Grant of Water-Use Licences 118 64L. Power to grant water-use licences 118 64M. Matters to be considered in granting water-use licences 119 64N. Obligation not to grant licence in certain circumstances 120 64O. Applications for water-use licences 120 64P. Form of application 120 64Q. Referral of application 121 64R. Licence fees 121 64S. Change of ownership of specified land 121 Division 3--Water-use Objectives for Licences 122 64T. Objectives as to water use 122 64U. Matters that objectives may provide for 122 64V. Recommendations by Catchment Management Authorities 123 64W. Revoking or amending determinations as to objectives 124 64X. Notification and effect of determinations as to objectives 125 Division 4--Standard Water-use Conditions for Licences 125 64Y. Standard water-use conditions 125 64Z. General provisions applying to standard water-use conditions 126 64AA. Recommendations by Catchment Management Authorities 127 64AB. Revoking or amending determinations as to standard water-use conditions 128 64AC. Notification and effect of determinations as to standard water-use conditions 129 Division 5--Particular Conditions on Licences 129 64AD. Particular conditions on water-use licences 129 vii 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Clause Page Division 6--Further Provisions as to Conditions on Licences 130 64AE. Effect of inconsistency between standard water-use conditions and other conditions on licences 130 64AF. Offence to fail to comply with licence condition 131 Division 7--Variations of Licences 131 64AG. Variation of water-use licences on motion of Minister 131 64AH. Variation of water-use licence on application of licence holder 132 64AI. Form of applications for variation 133 Division 8--Suspension, Revocation, Cancellation and Other Powers for Licences 134 64AJ. Suspension of water-use licence 134 64AK. Revocation of water-use licence 136 64AL. Cancellation of water-use licence on motion of the Minister 137 64AM. Other powers to cancel water-use licences 138 64AN. Application for review of Minister's decisions as to licences 139 64AO. Time period for making an application for review 139 Division 9--Registration of Water Uses 140 64AP. Power to register water uses 140 64AQ. Matters to which a Minister must have regard in registering use 140 64AR. Applications for water-use registrations 140 64AS. Change of ownership of land specified in registration 141 64AT. Condition on water-use registrations as to annual use limit 141 Division 10--Variation, Cancellation and Other Powers as to Registration 142 64AU. Variation of water-use registrations on application 142 64AV. Cancellation of water-use registration on motion of the Minister 143 64AW. Other powers to cancel water-use registrations 144 64AX. Application for review of Minister's decisions as to registrations 144 64AY. Time period for making an application for review 145 Division 11--Rule Making Powers of Minister 145 64AZ. Rule making powers for water-use licences and water- use registrations 145 viii 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Clause Page 55. Insertion of new section 73A 146 73A. Amendment of conditions on works licences 146 56. Insertion of new section 74AA 147 74AA. Licence fees for works licences 147 57. Insertion of new Part 5A 147 PART 5A--VICTORIAN WATER REGISTER 147 Division 1--Victorian Water Register 147 84A. Object of Part 147 84B. Purpose of water register 148 84C. Responsibilities for water register 148 84D. Form and manner of keeping water register 149 84E. Disclosure of information 150 Division 2--Registrar 151 84F. Employment of Registrar and staff 151 84G. Registrar's functions 151 84H. Delegation 153 Division 3--Recordings of Water Shares by the Registrar 153 84I. What is recorded in the water register about water shares? 153 84J. Recording of transfers 154 84K. Recording of legal personal representatives 155 84L. Recording of survivor of joint owners of water share 156 84M. Recording of trustee of bankrupt 156 84N. Recording of mortgages 157 84O. Electronic lodgement system 157 84P. Recording and incorporation of common provisions 158 84Q. Priority of recordings 158 Division 4--Recordings by the Minister 159 84R. What is recorded in the water register about water-use licences? 159 84S. What is recorded in the water register about water-use registration? 159 84T. What is recorded in the water register about bulk entitlements? 160 84U. What is recorded in the water register about environmental entitlements? 160 84V. What is recorded in the water register about works licences? 160 Division 5--Recordings by Authorities 161 84W. What must an Authority record in the part of the water register for which it is responsible? 161 ix 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Clause Page Division 6--Searching Information in the Water Register 162 84X. What information is available from the water register? 162 84Y. Suppression of certain personal records and information 163 84Z. Rights of review 164 84ZA. Searching the water register 165 Division 7--Corrections and Amendment of Water Register 166 84ZB. Correction and amendment of water register 166 84ZC. Notification of parties 167 Division 8--General 167 84ZD. Power to require statutory declarations 167 84ZE. Recording body may require proof of identity 168 84ZF. Recording body may require production of documents 169 84ZG. Monetary consideration to be stated in transfer 170 84ZH. Service of notices 170 84ZI. Approved forms 171 84ZJ. Power to remit fees 171 Division 9--Offences and Enforcement 171 84ZK. Certificates and evidentiary effect 171 84ZL. False or misleading information 172 84ZM. Making false entries etc. in water register 173 58. Substitution of section 141 173 141. Authority may reduce, restrict or discontinue water supply 173 59. Insertion of new section 155A 176 155A. Compensation for loss of services on declaration of cessation 176 60. Insertion of new Part 7A 177 PART 7A--RECONFIGURATION PLANS 177 161B. Definitions 177 161C. Contents of reconfiguration plans 177 161D. Draft plans for reconfiguration of infrastructure 178 161E. Directions of Minister as to reconfiguration plans 178 161F. Adoption of reconfiguration plans by Authority 179 161G. Approval of reconfiguration plans by the Minister 180 161H. Appointment of Panel 181 x 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Clause Page 161I. Approval and notification of plan 181 161J. Termination of services to properties consequent on plans for reconfiguration 182 161K. Plans by agreement 182 61. Substitution of Part 11 183 PART 11--IRRIGATION 183 Division 1--General 183 220. Definitions and application 183 Division 2--Functions, Powers and Duties of Authorities 183 221. Functions of Authorities under this Part 183 222. General powers and duties of Authorities under this Part 184 Division 3--Specific Provisions as to Volume and Period of Delivery 185 223. Authority to determine volumes and periods of delivery 185 224. Variation of delivery determinations on application 186 225. Variation of delivery determination on motion of Authority 187 226. Determination to transfer volume or periods 188 Division 4--Conditions and Ministerial Directions as to delivery 189 227. Authority to fix terms and conditions for the service of delivering water 189 228. Ministerial directions 191 Division 5--Miscellaneous 191 229. Declaration that property not to be serviced property 191 230. Form of applications under this Part 192 Division 6--Powers to Reduce etc. Delivery Service 193 231. Authority may reduce, restrict or discontinue delivery of water 193 62. Payment of tariffs for irrigation 195 63. Powers to collect and retain fees and charges 195 64. Liability for unpaid tariffs 196 65. Insertion of new Division 10 of Part 13 196 Division 10--Impact Minimisation Works Charges 196 287A. Minister may require payment of charge 196 xi 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Clause Page Division 11--Recovery of Fees etc. Under Part 3A 198 287B. Disposal of water shares for unpaid contributions, fees and other amounts 198 287C. Application of proceeds 199 287D. Sale or transfer cancels encumbrances 200 66. Power of Minister to delegate 201 67. Enforcement powers 201 68. Regulation making powers 201 69. Schedule 6 First Mildura Irrigation Trust 202 70. New Schedules 12A and 12B inserted 203 SCHEDULE 12A--Recording Mortgages of Water Shares 203 SCHEDULE 12B--Electronic Transactions In the Water Register 210 PART 4--TRANSITIONAL 216 71. New Schedule 15 inserted 216 SCHEDULE 15--Transitional Arrangements--Water (Resource Management) Act 2005 216 PART 5--AMENDMENTS TO OTHER ACTS 250 72. Powers, duties and functions of Authority 250 73. Determining the value of land 250 ENDNOTES 251 xii 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
PARLIAMENT OF VICTORIA Initiated in Assembly 5 October 2005 As amended by Assembly 27 October 2005 A BILL to amend the Water Act 1989, the Environment Protection Act 1970 and the Valuation of Land Act 1960 and for other purposes. Water (Resource Management) Act 2005 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The purposes of this Act are-- (a) to amend the Water Act 1989 to make further provision for the management of 5 water resources including-- 1 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 1--Preliminary s. 2 (i) providing for further processes for planning the management of water resources, including processes for the development of sustainable water strategies; and 5 (ii) regulating access to water through the establishment of certain entitlements and of processes for registering certain entitlements and through making further provision in relation to existing 10 entitlements; and (iii) establishing an environmental water reserve; and (b) to make consequential amendments to the Environment Protection Act 1970; and 15 (c) to amend the Valuation of Land Act 1960 to make further provision in relation to the valuation of land. 2. Commencement (1) Subject to sub-section (2), this Act comes into 20 operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 August 2008, it comes into operation on that day. __________________ 2 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 3 PART 2--ENVIRONMENTAL WATER RESERVE AND WATER PLANNING 3. Definitions See: In section 3(1) of the Water Act 1989-- Act No. 80/1989. (a) insert the following definitions-- 5 Reprint No. 7 as at ' "Environment Protection Authority" has 1 December the same meaning as "Authority" has 2003 and under the Environment Protection amending Act 1970; Act Nos 46/2003, "environmental entitlement" means an 48/2003, 10 12/2004, entitlement under Division 1A of 81/2004, Part 4; 82/2004, 108/2004 and 48/2005. "recycled water" means water derived from LawToday: sewage or trade waste that has been www.dms. dpc.vic. treated for the purposes of re-use;'; 15 gov.au (b) for the definition of "permissible annual volume" substitute-- ' "permissible consumptive volume", in relation to-- (a) an area or water system; and 20 (b) a period of time-- specified in an Order under section 22A, means the volume specified in that Order for that area or water system for that period;'. 25 3 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 4 4. Insertion of new sections 4A and 4B After section 4 of the Water Act 1989 insert-- "4A. The Environmental Water Reserve (1) The environmental water reserve comprises water that is set aside for the environment-- 5 (a) as an environmental entitlement; and (b) through the operation of-- (i) conditions on any bulk entitlement, or any licence, permit or authority issued under this or 10 any other Act, or regulations made under this or any other Act; and (ii) any management plan under this Act; and (iii) any other provision of this Act, 15 the Murray-Darling Basin Act 1993 or the Groundwater (Border Agreement) Act 1985 or any regulations made under this Act or those Acts. 20 (2) In this Act a reference to the environmental water reserve is a reference to any water to which sub-section (1) applies. 4B. Environmental Water Reserve Objective (1) The environmental water reserve objective is 25 the objective that the environmental water reserve be maintained so as to preserve the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and quality of water 30 and the other uses that depend on environmental condition. 4 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 5 (2) In this Act a reference to the environmental water reserve objective is a reference to the objective set out in sub-section (1).". 5. Crown's right to water After section 7(3) of the Water Act 1989 5 insert-- "(4) Despite anything to the contrary in this or any other Act-- (a) a right to water must not be conferred on another person by or under this or 10 any other Act; and (b) a licence for the taking or use of water must not be issued by or under this or any other Act; and (c) an approval must not be given for 15 works or activities that affect the use, flow or control of water under this or any other Act-- unless regard is had to the need to maintain the environmental water reserve in 20 accordance with the environmental water reserve objective.". 6. Private rights to water, recycled water For section 8(6)(a) of the Water Act 1989 substitute-- 25 "(a) this Act, any regulations or by-laws under this Act, or any permission, authority or agreement made under this Act; or". 7. Section 13 repealed Section 13 of the Water Act 1989 is repealed. 30 5 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 8 8. Role of Minister (1) In section 22(1) of the Water Act 1989-- (a) after paragraph (a) insert-- "(ab) must make sure that a program of long- term water resources assessments is 5 undertaken in accordance with this Act; and (ac) must make sure that a program of sustainable water strategies is undertaken for the State in accordance 10 with this Act; and"; (b) in paragraph (b), for "resources." substitute "resources; and"; (c) after paragraph (b) insert-- "(c) may require an assessment of the 15 environmental water reserve to be carried out.". (2) In section 22(2) of the Water Act 1989-- (a) for paragraph (a) substitute-- "(a) the availability of water, including 20 surface water and groundwater; and (ab) the use of one water source as a substitute for another water source; and (ac) the environmental water reserve; and"; (b) after paragraph (g), insert-- 25 "(ga) current and historic levels of allocation and use of surface water and groundwater; and (gb) current and historic condition of waterways and aquifers; and". 30 6 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 9 (3) After section 22(2) of the Water Act 1989 insert-- "(2A) The Minister must make sure that information about the water resources assessment program is published every 5 5 years by-- (a) making the information available for inspection, during business hours, free of charge at the office of the Department Head; and 10 (b) making the information available on the Department's website.". (4) In section 22(3) of the Water Act 1989-- (a) before paragraph (a) insert-- "(aa) an environmental entitlement; or"; 15 (b) paragraph (c) is repealed. 9. Amendment of heading in Part 3 In the heading to Division 1A of Part 3 of the Water Act 1989 for "Annual" substitute "Consumptive". 20 10. Declaration of permissible consumptive volumes (1) Substitute the following heading to section 22A of the Water Act 1989-- "Permissible consumptive volumes". (2) For section 22A(1) of the Water Act 1989 25 substitute-- "(1) The Minister may, from time to time, by Order published in the Government Gazette, declare, in respect of an area or a water system specified in the Order, that the total 30 volume of-- (a) both surface water and groundwater; or 7 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 (b) surface water only; or (c) groundwater only-- that may be taken in the area or from the water system (whether for use in that area or water system or elsewhere) under this or any 5 other Act, during the period specified in the Order, must not exceed the volume specified in the Order for that period. (1A) The Minister may, by Order published in the Government Gazette, revoke an Order made 10 under sub-section (1).". (3) After section 22A(3) of the Water Act 1989 insert-- "(3A) The Minister must not make a declaration under sub-section (1) unless the Minister has 15 first consulted with the Minister administering Part 4 of the Catchment and Land Protection Act 1994.". 11. New Divisions inserted After Division 1A of Part 3 of the Water Act 20 1989 insert-- "Division 1B--Sustainable Water Strategies 22B. Preparation of a Sustainable Water Strategy The Minister may cause a Sustainable Water 25 Strategy to be prepared for a region of the State determined by the Minister. 8 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 22C. Contents of a Sustainable Water Strategy (1) A Sustainable Water Strategy must provide for the strategic planning of the use of water resources in the region to which it applies-- (a) to identify threats to the reliability of 5 supply and quality of water for both environmental and consumptive uses in the region; and (b) to identify ways to improve and set priorities for improving the reliability 10 of supply and quality of water, including managing demand for water, and investing in infrastructure for the supply of recycled water; and (c) to identify ways to improve and set 15 priorities for improving the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; and 20 (d) to identify ways to increase and set priorities for increasing the volume of water in the environmental water reserve to improve the environmental values and health of water ecosystems; 25 and (e) include an implementation plan, setting out timelines or targets for implementing key actions identified by the strategy. 30 (2) A Sustainable Water Strategy must take into account-- (a) the results of any long-term water resources assessment undertaken under Division 1C; 35 9 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 (b) any relevant strategy or statement of policy or plan prepared under this Act, the Catchment and Land Protection Act 1994, the Flora and Fauna Guarantee Act 1988, the Heritage 5 Rivers Act 1992, the Planning and Environment Act 1987 or the Environment Protection Act 1970; (c) the principles set out in sections 1B to 1L of the Environment Protection Act 10 1970. 22D. Consultative committee--Sustainable Water Strategy (1) The Minister must appoint a consultative committee to advise the Minister on-- 15 (a) the preparation of each Sustainable Water Strategy; and (b) the matters the strategy must provide for under section 22C(1); and (c) any other matter requested by the 20 Minister relating to the preparation of the Strategy. (2) The Minister must make sure that, so far as it is possible, the membership consists of persons who have knowledge or experience 25 in the matters to be covered in a Sustainable Water Strategy. 22E. Preparation of a draft Sustainable Water Strategy In preparing a draft Sustainable Water 30 Strategy, the Minister must-- (a) consult with the consultative committee appointed by the Minister under section 22D; 10 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 (b) give notice of the preparation of the Strategy to any Authority whose interests the Minister considers are likely to be affected by the Strategy; (c) publish notice of the undertaking of the 5 strategy and the preparation of the Strategy in a local newspaper circulating generally in the area to which the Strategy applies; (d) make the draft Strategy available for 10 inspection by the public for at least 2 months after its preparation; (e) publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally 15 in the region which will be affected by the Strategy stating where and when the draft Strategy can be inspected and inviting public comment by a set date; (f) consider any comments made by the set 20 date; (g) consider any comments of any panel appointed under section 22F; (h) make any appropriate changes to the draft Strategy. 25 22F. Appointment of Panel (1) The Minister may, by instrument, appoint a panel of persons to consider comments made under section 22E(f) on a draft Strategy, and the persons appointed to the panel must be 30 persons who have knowledge of or experience in the matters that the panel is to consider. 11 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 (2) Subject to anything specified by the Minister in the instrument of appointment of the panel, a panel may regulate its own proceedings. (3) After considering all comments referred to it, 5 the panel must report its findings to the Minister within the period specified by him or her. (4) The panel may include in its report any recommendations that it thinks fit. 10 (5) A member of the panel is entitled to be paid any fees and allowances fixed by the Governor in Council. (6) The Minister is not bound by the report of the panel under this section. 15 (7) The Minister must make a copy of any report of the panel available for inspection by the public within 1 month after it is received by the Minister. 22G. Consideration of draft Strategy by the 20 Minister (1) The Minister must consider the draft Strategy and may-- (a) endorse the Strategy; or (b) endorse the Strategy with any 25 amendments the Minister considers appropriate; or (c) refuse to endorse the draft strategy. (2) Before making a decision under sub- section (1) the Minister must-- 30 (a) consider a report of any panel prepared on the draft Strategy under section 22F; and 12 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 (b) make any such report available to the public under section 22F(7). 22H. Publication of Sustainable Water Strategy The Minister must make sure that a Sustainable Water Strategy is published as 5 soon as practicable after it is endorsed under section 22G by-- (a) making a copy of the Strategy available for inspection, during business hours, free of charge at-- 10 (i) the office of the Department Head; and (ii) the office of the Department located in the region to which the Strategy applies; and 15 (b) making a copy of the Strategy available on the Department's website; and (c) publishing a notice of the availability of the copy of the Strategy in a newspaper circulating generally in the area to 20 which the Strategy applies. 22I. Review of Sustainable Water Strategy (1) The Minister must review a Sustainable Water Strategy-- (a) if the findings of a long-term water 25 resources assessment undertaken under this Part have any impact on the Strategy; or (b) at the end of 10 years following the endorsement of the Strategy. 30 (2) The Minister may review a Sustainable Water Strategy at any time. 13 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 (3) A review under this section must determine whether or not the timelines and targets in the implementation plan of the Strategy being reviewed have been met. (4) The procedures that apply to the making of a 5 Sustainable Water Strategy under this Division apply, with any necessary modifications to the review of a Sustainable Water Strategy. 22J. Report on Sustainable Water Strategies 10 (1) A report on any current Sustainable Water Strategies and on any current draft Strategies must be included in each annual report of the Department. (2) A report under sub-section (1) must-- 15 (a) specify the measures being taken to implement the Strategy; and (b) identify the priorities that apply to actions required by the implementation plan. 20 Division 1C--Long-term Water Resources Assessments 22K. Preparation of a program of long-term water resources assessments The Minister must cause a program of the 25 preparation of long-term water resources assessments to be commenced-- (a) by the end of 12 years from the commencement of section 14 of the Water (Resource Management) Act 30 2005; and 14 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 (b) after that, by the end of the twelfth year in each consecutive 15 year period, where the first such period commences immediately after the fifteenth anniversary of the commencement of 5 section 14 of the Water (Resource Management) Act 2005. 22L. Contents of a long-term water resources assessment A long-term water resources assessment 10 must identify whether or not either or both of the following has occurred-- (a) there has been any decline in the long- term availability of surface water or groundwater and whether the decline 15 has fallen disproportionately on the environmental water reserve or on the allocation of water for consumptive purposes; (b) there has been any deterioration in 20 waterway health for reasons related to flow. 22M. Preparation of a draft long-term water resources assessment In preparing a draft long-term water 25 resources assessment, the Minister must-- (a) give notice of the undertaking of the preparation of the assessment and the process by which the assessment will be carried out to any Authority or 30 Catchment Management Authority whose interests the Minister considers are likely to be affected by the assessment; 15 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 (b) publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally in the area to which the assessment applies stating when and where the 5 draft assessment can be inspected and inviting public comment by a set date; (c) make the draft assessment available for inspection by the public for at least 2 months after its preparation; 10 (d) consider any comments made by the set date; (e) consider any comments made by the Environment Protection Authority in a review under section 22N; 15 (f) make any appropriate changes to the draft assessment. 22N. Review by Environment Protection Authority (1) The Minister must cause the draft assessment 20 to be submitted to the Environment Protection Authority for a review of-- (a) the methods and criteria adopted to carry out the assessment; and (b) any other matter required by the 25 Minister. (2) In reviewing the draft assessment the Environment Protection Authority must review-- (a) the methodology adopted to carry out 30 the draft assessment; and (b) whether or not the data used in the draft assessment was the best data available; and 16 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 (c) whether or not the conclusions reached in the draft assessment are supported by the methodology and data; and (d) any other matter required by the Minister. 5 (3) At the completion of the review, the Environment Protection Authority must-- (a) report its findings to the Minister; (b) make a copy of its report available on the Authority's website. 10 (4) The Environment Protection Authority must ensure that the report under sub-section (3)(a) is made within the period specified by the Minister, which must be not later than 4 months after the draft assessment is 15 submitted to the Authority under sub- section (1). 22O. Consideration and publication of long- term water resources assessment (1) The Minister, after considering the report of 20 the Environment Protection Authority under section 22N, may-- (a) endorse a long-term water resources assessment; or (b) endorse a long-term water resources 25 assessment with any amendments the Minister considers appropriate; or (c) refuse to endorse a long-term water resources assessment. 17 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 (2) As soon as practicable after completing a long term water resources assessment, the Minister must-- (a) make a copy of the assessment and the review of the assessment by the 5 Environment Protection Authority available for inspection, during business hours, free of charge at the offices of the Department located in the region to which the assessment applies; 10 and (b) make a copy of the assessment available on the Department's website; and (c) publish a notice of the availability of 15 the copy of the assessment in a newspaper circulating generally in the area to which the assessment applies. (3) If a long-term water resources assessment has not been completed within 12 months of 20 the publication of a notice under section 22M(a) for that assessment, the Minister must, on publication of the assessment, publish reasons for the delay in the preparation of the assessment. 25 22P. Review following long-term water resources assessment If, in the opinion of the Minister, a long-term water resources assessment has identified-- (a) a decline in the long-term availability 30 of surface water or groundwater which has a disproportionate effect on the environmental water reserve or on the allocation of water for consumptive purposes; or 35 18 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 (b) a deterioration in waterway health for reasons related to flow-- the Minister must cause a review to be undertaken to determine the action that is required to be taken-- 5 (c) to restore the balance between the environmental water reserve and the allocation of water for consumptive purposes; or (d) to restore the health of waterways-- 10 having regard to any relevant social, economic and environmental matters. 22Q. Consultative committee for review (1) The Minister must appoint a consultative committee to advise the Minister on a review 15 to be undertaken under section 22P. (2) The following provisions apply with respect to the membership of a consultative committee appointed under this section-- (a) the Minister must make sure that, so far 20 as it is possible-- (i) all relevant interests are fairly represented on the committee; (ii) the membership consists of persons who have knowledge or 25 experience in the matters to be covered by the review; (iii) the membership consists of persons who represent the community to which the review 30 relates; 19 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 (b) at least one half of the membership must consist of persons, who are owners or occupiers of land in the area to which the review relates, appointed after consultation by the Minister with 5 bodies representative of those persons; (c) any public statutory body which the Minister considers to be directly affected by the review must, after consultation with the Minister, be 10 represented on the committee. (3) Section 318(2) to (6) applies to a consultative committee appointed under this section. 22R. Review process 15 (1) In conducting a review under section 22P, the Minister must-- (a) consult with the consultative committee appointed by the Minister under section 22Q; 20 (b) give notice of the review to any Authority or other person whose interests the Minister considers are likely to be affected by the review; (c) publish notice of the commencement of 25 the review in a local newspaper circulating generally in the area to which the review relates; (d) make any draft review available for inspection by the public for at least 30 2 months after its preparation; 20 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 (e) publish a notice in a newspaper, circulating generally in the State and a local newspaper circulating generally in the area to which the review relates, stating where and when the draft review 5 can be inspected and inviting public comment by a set date; (f) consider any comments made by the set date; (g) consider any comments of the panel 10 appointed under section 22S; (h) make any appropriate changes to the draft review. (2) The Minister must ensure that any review under section 22P-- 15 (a) that is conducted as a result of a long- term water resources assessment commenced under section 22K(a) is conducted in such a manner as to be completed not more than 14 years and 20 6 months after the commencement of section 14 of the Water (Resource Management) Act 2005; and (b) that is conducted as a result of a long- term water resources assessment 25 commenced under section 22K(b) is conducted in such a manner as to be completed 6 months before the end of the 15 year period in which it commenced. 30 (3) Failure to comply with sub-section (2) does not affect the validity of the review or of any action the Minister takes under the review, including, but not limited to any action under section 33AAB. 35 21 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 22S. Reporting of panel (1) The Minister, by instrument, must appoint a panel of persons to consider comments made under section 22R(f) on a draft review, and the persons appointed to the panel must be 5 persons who have knowledge of or experience in the matters that the panel is to consider. (2) Subject to anything specified by the Minister in the instrument of appointment of the 10 panel, it may regulate its own proceedings. (3) After considering all comments referred to it, the panel must report its findings to the Minister within the period specified by him or her. 15 (4) The panel may include in its report any recommendations that it thinks fit. (5) A member of the panel is entitled to be paid any fees and allowances fixed by the Governor in Council. 20 (6) The Minister is not bound by the report of the panel under this section. (7) The Minister must make a copy of the report of the panel under this section available for inspection by the public within one month 25 after the report is received by the Minister. (8) A panel appointed under this section must ensure that its report under sub-section (3) is made within the period specified by the Minister which must be not later than 30 6 months after the panel is appointed under sub-section (1). 22 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 11 22T. Consideration and publication of review (1) After-- (a) considering the report prepared by the panel under section 22S; and (b) after making the report available to the 5 public under section 22S(7)-- the Minister must consider the review and may-- (c) endorse the Review; or (d) endorse the Review with any 10 amendments the Minister considers appropriate; or (e) refuse to endorse the Review. (2) On completion of a review under section 22P, the Minister must-- 15 (a) make a copy of the review available for inspection, during business hours, free of charge at the offices of the Department; and (b) make a copy of the review available on 20 the Department's website; and (c) publish a notice of the availability of the copy of the review in a newspaper circulating generally in the area to which the review applies; and 25 (d) make a copy of the review available for inspection during business hours, free of charge, at the office of the Department located in the region to which the assessment applies. 30 23 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 12 22U. Annual report on long-term water resources assessment A report on any long-term water resources assessment completed in the preceding 12 month period must be included in each 5 annual report of the Department. 22V. Program of implementation of review (1) Within 6 months of the publication of a notice under section 22T(2)(c) the Minister must determine a program of implementation 10 of the review and publish a statement of the actions required to implement that program. (2) If, as part of a program of implementation of a review, the Minister determines to qualify rights under section 33AAB, the 15 Minister must set out notice of that determination in the statement published under sub-section (1).". 12. Powers of Minister in relation to assessment program 20 After section 23(1)(c) of the Water Act 1989 insert-- "(ca) investigating whether or not the environmental water reserve is being maintained in accordance with the 25 environmental water reserve objective;". 24 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 13 13. Management Plans (1) In section 32A(3) of the Water Act 1989-- (a) in paragraph (f)-- (i) omit "to prevent"; (ii) in sub-paragraph (i), after "(i)" insert 5 "to prevent"; (iii) for sub-paragraph (ii) substitute-- "(ii) to prevent a relevant permissible consumptive volume being exceeded; or 10 (iii) to ensure that the environmental water reserve is maintained in accordance with the environmental water reserve objective; or"; 15 (b) in paragraph (g)-- (i) in sub-paragraph (ii), for "annual" substitute "consumptive"; (ii) after sub-paragraph (ii) insert-- "(iii) the environmental water reserve is 20 maintained in accordance with the environmental water reserve objective; or"; (c) after paragraph (i) insert-- "(ia) conditions relating to the maintenance 25 of the environmental water reserve in accordance with the environmental water reserve objective; or". (2) In section 32A(4) of the Water Act 1989, for "annual" substitute "consumptive". 30 25 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 14 14. Substitution of Division 4 of Part 3 For Division 4 of Part 3 of the Water Act 1989 substitute-- 'Division 4--Minister's Powers to Qualify Rights 5 33. Definitions In this Division-- "qualify" includes suspend, reduce, increase and otherwise alter; "right to water" means-- 10 (a) any right to water conferred by any provision of Division 1 of Part 2 other than section 7(1) or 8(4)(c); and (b) any environmental entitlement; 15 and (c) any bulk entitlement; and (d) in relation to any non-declared water system, any licence issued under section 51; and 20 (e) in relation to any declared water system, any water share issued in relation to the system. 33AAA. Temporary qualification of rights to water (1) If the Minister declares under this section 25 that a water shortage exists in an area or water system, he or she may temporarily qualify any rights to water whether or not they relate to the same area or water system. 26 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 14 (2) The Minister may declare that a water shortage exists in an area or water system if he or she is of the opinion that the volume or quality of water available in the area or system to satisfy any rights to water (whether 5 or not they relate to that area or water system) is or will shortly be inadequate for any reason. (3) Before making a qualification to rights to water under sub-section (1) the Minister 10 must notify the Minister responsible for administering the Agricultural and Veterinary Chemicals (Control of Use) Act 1992. 33AAB. Permanent qualification of rights to water 15 (1) Subject to sub-section (2), following the endorsement of a review under section 22T(1)(c) or (d), the Minister may permanently qualify any rights to water having regard to-- 20 (a) the review as endorsed by the Minister; and (b) any relevant report of a panel under section 22S; and (c) any relevant social, economic and 25 environmental matters. (2) A permanent qualification of rights to water under sub-section (1) must not take effect in relation to an area or water system-- (a) within 15 years of the commencement 30 of section 14 of the Water (Resource Management) Act 2005; or 27 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 14 (b) if such a permanent qualification has taken effect in relation to that area or water system within the preceding 15 years. 33AAC. Procedures applying to qualifications 5 (1) A qualification of rights to water under this Division must be done by-- (a) giving notice of the qualification to the person affected; or (b) causing notice of it to be published in a 10 newspaper generally circulating-- (i) in the area to which the qualified rights to water relate; or (ii) in the area served by the water system to which the qualified 15 rights to water relate. (2) A notice given or published under sub- section (1) may specify the criteria according to which the Minister determined the qualification. 20 (3) For the purposes of a qualification under section 33AAA, the Minister may, by Order published in the Government Gazette-- (a) determine the class of any rights to water; and 25 (b) assign a priority to each of those classes-- and any qualification under that section of rights to water must be made in accordance with the priority of the class of right 30 concerned. 28 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 15 (4) Subject to sub-section (3), any qualification under section 33AAA of rights to water must apply to all rights in the same proportion, unless the Minister is of the opinion that the circumstances are so extreme as to justify 5 some other basis.'. 15. Applications for bulk entitlements In section 36(1) of the Water Act 1989-- (a) in paragraph (c), after "water" insert ", other than recycled water,"; 10 (b) in paragraph (d), after "water" insert ", other than recycled water,"; (c) in paragraph (e), after "water" (where first occurring) insert ", other than recycled water,"; 15 (d) in paragraph (f), after "water" insert ", other than recycled water,". 16. Matters to take into account in grant of bulk entitlement In section 40(1) of the Water Act 1989-- 20 (a) in paragraph (ba), for "annual" substitute "consumptive"; (b) in paragraph (d)-- (i) in sub-paragraph (iii), after "12(1);" insert "or"; 25 (ii) after sub-paragraph (iii) insert-- "(iv) the maintenance of the environmental water reserve in accordance with the environmental water reserve 30 objective;". 29 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 17 17. Orders granting bulk entitlements In section 43 of the Water Act 1989-- (a) in paragraph (c), for "and the resource manager" substitute ", the resource manager and the environmental manager"; 5 (b) in paragraph (i)-- (i) in sub-paragraph (iv), for "the Government." substitute "the Government;"; (ii) after sub-paragraph (iv) insert-- 10 "(v) any other requirements as to the maintenance of the environmental water reserve in accordance with the environmental water reserve objective.". 15 18. Appointment of environmental manager (1) Insert the following heading to section 43A of the Water Act 1989-- "Appointment of storage operators, resource managers and environmental managers". 20 (2) In section 43A(1) of the Water Act 1989-- (a) in paragraph (b), for "manager--" substitute "manager; or"; (b) after paragraph (b) insert-- "(c) an environmental manager--". 25 30 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 19 19. Insertion of new sections 44A and 44B After section 44 of the Water Act 1989 insert-- "44A. Amendment of entitlement where water allocated to environmental entitlement (1) A bulk entitlement granted to an Authority 5 under this Division may be amended (by notice in writing given by the Minister to the holder of the entitlement) by removing from the entitlement any water that is set aside for the environment through the operation of a 10 condition on the entitlement. (2) An entitlement must not be amended under sub-section (1) unless the Minister is allocating to an environmental entitlement the water that is subject of the condition 15 under the bulk entitlement. 44B. Cancellation of bulk entitlement where water to be transferred to environmental entitlement (1) On application by an Authority to which a 20 bulk entitlement has been granted under this Division, the Minister may cancel the bulk entitlement and allocate an environmental entitlement under Division 1A, either-- (a) for an equivalent volume to that in the 25 bulk entitlement; or (b) on equivalent terms and conditions to those specified in the bulk entitlement. (2) An entitlement must not be cancelled under sub-section (1) unless the Minister is 30 allocating to an environmental entitlement the water that is subject of the bulk entitlement. 31 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 20 (3) The cancellation of a bulk entitlement under sub-section (1) has effect from the time at which notice in writing is given by the Minister to the holder of the entitlement.". 20. Transfer of bulk entitlements 5 (1) For section 46(5) of the Water Act 1989 substitute-- "(5) If an application is made-- (a) the Minister, if he or she is of the opinion that-- 10 (i) the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve 15 objective; or (ii) the entitlement or part to be transferred is not surplus to the needs of the Authority-- must refuse to approve the transfer; or 20 (b) in any other case the Minister, in considering whether or not to approve the application must have regard to any of the matters mentioned in section 40(1), and, subject to sub-section (7), 25 may-- (i) refuse to approve the transfer; or (ii) approve the transfer on any condition that could have been specified in an Order granting the 30 entitlement under section 43(i).". (2) Section 46(6) of the Water Act 1989 is repealed. 32 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 21 21. Transfers of bulk entitlements to irrigators (1) Insert the following heading to section 46A of the Water Act 1989-- "Permanent and temporary transfers of bulk entitlements to irrigators". 5 (2) Section 46A(3) of the Water Act 1989 is repealed. (3) For section 46A(3C) of the Water Act 1989 substitute-- "(3C) In giving approval under sub-section (3B)-- 10 (a) the Minister, if he or she is of the opinion that-- (i) the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve 15 in accordance with the environmental water reserve objective; or (ii) the entitlement or part to be transferred is not surplus to the 20 obligations of the Authority to supply water-- must refuse to approve the transfer; or (b) in any other case the Minister, in considering the proposal must have 25 regard to the matters set out in section 40(1) and may-- (i) refuse to approve the transfer; or (ii) approve the transfer on any condition that could have been 30 specified in an Order granting the entitlement under section 43(i).". 33 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 22 22. Approval of Minister to temporary transfers of entitlements outside Victoria For section 46B(5) and section 46B(6) of the Water Act 1989 substitute-- "(5) Where a transfer under sub-section (1) is 5 proposed to be made-- (a) the Minister, if he or she is of the opinion that-- (i) the transfer is likely to have an adverse effect on the maintenance 10 of the environmental water reserve in accordance with the environmental water reserve objective; or (ii) the entitlement or part to be 15 transferred is not surplus to the obligations of the Authority to supply water-- must refuse to approve the transfer; or (b) in any other case the Minister, in 20 considering the proposal must have regard to the matters set out in section 40(1) and, subject to sub- section (7), may-- (i) refuse to approve the transfer; or 25 (ii) approve the transfer on any condition that could have been specified in an Order granting the entitlement under section 43(i).". 34 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 23 23. Minister may sell unallocated water For section 47D(1)(d) of the Water Act 1989 substitute-- "(d) the Minister has determined that the flow of water out of the storage is adequate having 5 regard to the need to maintain the environmental water reserve in accordance with the environmental water reserve objective--". 24. Insertion of Division 1A of Part 4 10 After Division 1 of Part 4 of the Water Act 1989 insert-- 'Division 1A--Environmental Entitlements 48A. Definitions In this Division-- 15 "environment Minister" means the Minister administering Part 4 of the Catchment and Land Protection Act 1994; "request" means a request for the grant of 20 an environmental entitlement made under section 48C(1)(b). 48B. Allocation of environmental entitlement (1) The Minister may, by instrument, allocate to the environment Minister, on behalf of the 25 Crown, an entitlement to-- (a) water in a waterway (including the River Murray); or (b) groundwater; or (c) water (other than recycled water) in any 30 works of an Authority; or 35 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 24 (d) water (other than recycled water) in any works of the Melbourne Water Corporation; or (e) water (other than recycled water) in any works of a person holding a water 5 licence, a water and sewerage licence or a water headworks licence issued under Division 1 of Part 2 of the Water Industry Act 1994. (2) The Minister may allocate an environmental 10 entitlement under sub-section (1) for the purpose of-- (a) maintaining the environmental water reserve in accordance with the environmental water reserve objective; 15 or (b) improving the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality, and the 20 other uses that depend on environmental condition. 48C. Requirements as to making of allocation (1) The Minister may make an allocation under section 48B either-- 25 (a) of his or her own motion; or (b) at the request of the environment Minister. (2) The Minister, on allocating an entitlement under this section, must cause a copy of the 30 instrument allocating the entitlement to be published in the Government Gazette. 36 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 24 48D. Advertisement etc. of request (1) Where a request has been made, the Minister must either-- (a) cause notice of the request to be advertised in any manner that he or she 5 thinks fit; or (b) require the environment Minister to advertise the request in any manner specified by the Minister. (2) A notice under sub-section (1) may invite 10 submissions on the request to be made in the manner specified in the notice within the period specified in the notice. 48E. Appointment of panel (1) The Minister may, by instrument, appoint a 15 panel of persons to consider submissions made under section 48D(2) on the request, and the persons appointed to the panel must be persons who have knowledge of or experience in the matters that the panel is to 20 consider. (2) Subject to any specifications of the Minister when appointing the panel, a panel may regulate its own proceedings. (3) If submissions on the request have not been 25 invited by a notice given under section 48D(1)(a), the panel must cause a notice to be published in a newspaper circulating generally in the area concerned inviting submissions on the request within the period 30 specified in the notice. 37 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 24 (4) After considering all submissions referred or made to it, the panel must report its findings to the Minister within the period specified by the Minister. (5) The panel may include in its report any 5 recommendations that it thinks fit. (6) A member of a panel is entitled to be paid any fees and allowances fixed by the Governor in Council. 48F. Matters to be considered 10 (1) Before making an allocation under section 48B, the Minister must have regard to the following matters-- (a) the report of any panel appointed under this Division; 15 (b) any adverse effect that the allocation or use of water under the entitlement is likely to have on existing authorised uses of water in the water systems for which the allocation is to be made; 20 (c) the conservation policy of the government; (d) government policies concerning the preferred allocation or use of water resources; 25 (e) the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; (f) whether the water for which the allocation is to be made is from a water 30 system that is within a heritage river area or natural catchment area (within the meaning of the Heritage Rivers Act 1992); 38 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 24 (g) any relevant Sustainable Water Strategy that has been endorsed under section 22G(1); (h) any other matter that the Minister thinks fit to have regard to. 5 (2) In considering a request, the Minister must give effect to an approved management plan for any relevant water supply protection area. 48G. Determination of request The Minister may-- 10 (a) refuse a request; or (b) give preliminary approval to a request; or (c) approve a request and allocate the entitlement. 15 48H. Procedures required in determining request (1) If the Minister gives preliminary approval to a request, he or she must make sure that-- (a) everyone who made a submission on 20 the request is notified of the giving of preliminary approval; and (b) a notice of the giving of preliminary approval is published in a newspaper circulating generally in the area 25 concerned. (2) A notice published under sub-section (1)(b) must-- (a) set out the prescribed particulars of the request; and 30 39 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 24 (b) set out particulars of the place or places at which a copy or summary of the request and the preliminary approval may be inspected; and (c) advise that any interested person may 5 ask for a summary of the preliminary approval in the manner specified in the notice; and (d) invite written comments on the preliminary approval to be made within 10 60 days or any longer period that is specified in the notice; and (e) advise that anyone who so applies will be notified of the final outcome of the request. 15 (3) After considering all written comments made on the preliminary approval in response to a notice published under sub-section (1)(b), the Minister must decide either to-- (a) refuse the request; or 20 (b) approve the request and allocate the entitlement under section 48B. (4) If the Minister refuses a request under sub- section (3)(a), he or she must make sure that a notice of the refusal is published in a 25 newspaper circulating generally in the area concerned. 48I. Requirements as to instrument allocating entitlement An instrument allocating an entitlement 30 under this Division may specify in relation to the entitlement allocated all or any of the following-- 40 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 24 (a) a means of quantifying the amount of water that the entitlement consists of; Note: The means of quantifying the amount of water that the entitlement consists of 5 may be by volume or by reference to the level of flow at a specified point or by reference to a share of flow or storage or by any other means or combination of means, and if the amount of water is 10 quantified by reference to a share of storage, then by reference, for example, to-- (i) the volumetric share of the system capacity of any system within the 15 water system in which the entitlement is allocated; (ii) the share of inflow to any storage within the water system in which the entitlement is allocated; 20 (iii) the volumetric share of releases from any storage within the water system in which the entitlement is allocated; (iv) the seepage and evaporative loss 25 adjustments to be debited from the entitlement; (v) the share of inflow to be credited to the entitlement when the share of storage capacity of any storage 30 within the area does not allow for a full share of inflow determined under sub-paragraph (ii) to be available-- and if the amount of water is quantified 35 by reference to a share of flow, then by reference, for example, to the share of flow past a specified point. (b) water accounting procedures for accounting for the water in the entitlement; 40 41 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 24 (c) any condition imposed on the allocation of the entitlement under section 48J; (d) the class of reliability of the entitlement. 48J. Conditions relating to entitlements 5 (1) In allocating or amending an entitlement under this Division the Minister may impose, any conditions that the Minister thinks fit to specify as to the operation and management of the entitlement including conditions 10 relating to-- (a) the protection of any waterway or aquifer in that area; or (b) the returning of water in that area to its water system; or 15 (c) the protection of the environment in that area, including the riverine and riparian environment; or (d) payments to be made in relation to services provided by other persons in 20 relation to the entitlement; or (e) the assignment of water allocations under the entitlement; or (f) the implementation of the conservation policy of the Government. 25 (2) For the purposes of giving effect to any conditions imposed under sub-section (1), the Minister may require an Authority to perform any functions or duties specified in the entitlement by the Minister. 30 42 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 24 48K. Amendment of entitlement by the Minister (1) An entitlement under this Division may be amended by an instrument made by the Minister and published in the Government 5 Gazette. (2) An amendment under sub-section (1)-- (a) must not have the effect of reducing the volume or reliability of water allocated under the entitlement; and 10 (b) may be as to any other matter (including the consolidation of two or more entitlements into one). (3) An entitlement may only be amended under sub-section (1)-- 15 (a) on the motion of the Minister; or (b) at the request of the environment Minister. (4) The provisions of this Division relating to the procedure to be followed with respect to 20 a request for the allocation of an entitlement under this Division apply, with any necessary modifications, with respect to a request for an amendment under sub-section (3)(b) that is not for an amendment that is 25 necessary because of-- (a) a mistake in the description in any element of the entitlement; or (b) a minor variation arising from practical operations. 30 43 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 24 48L. Assignment of allocation of water (1) The environment Minister may, by instrument, assign the whole or a part of an allocation of water under an environmental entitlement to a person who is the owner or 5 occupier of land specified in a water-use licence or water-use registration. (2) The environment Minister must not make an assignment under sub-section (1) unless the environment Minister is of the opinion that 10 the assignment would benefit the environmental water reserve. 48M. Further assignment of water allocation A person to whom the whole or a part of an allocation of water has been assigned under 15 section 48L, or under this section, may assign the whole of the assigned allocation to another person who is the owner or occupier of land specified in a water-use licence or water-use registration. 20 48N. Offence to give an assignment without Ministerial approval A person must not assign a water allocation under section 48M unless the Minister has approved the assignment. 25 Penalty: 60 penalty units. 48O. Ministerial approval (1) The Minister may, on application by a person, approve the assigning of a water allocation under section 48M. 30 (2) The Minister must not give an approval under sub-section (1) for any prescribed reason. 44 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 24 (3) In giving an approval under sub-section (1), the Minister must have regard to any relevant rules determined under section 48P. (4) An approval under this section remains in force-- 5 (a) for the prescribed period; or (b) if no period has been prescribed under paragraph (a), for 2 months. 48P. Rule making powers for environmental entitlements 10 (1) The Minister may, by Order, published in the Government Gazette, set out rules-- (a) with respect to adjustment of volumes to be applied to, assignments of water allocations under entitlements under 15 this Division; and (b) as to the circumstances in which the consent of any Authority under this Act will be required to assignments under this Division; and 20 (c) as to any matters relating to applications under this Division; and (d) as to the circumstances in which the Minister will give or refuse to give approvals under this Division; and 25 (e) as to any other matters the Minister is authorised to make rules for under this Division. (2) An Order under this section may be amended or revoked in the same manner as that in 30 which it is made. 45 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 25 48Q. Volume of assignments to be recorded in annual report The environment Minister must ensure that the total volume of assignments of water allocation made by him or her under 5 section 48L within each twelve month period for which the department prepares an annual report must be included in that annual report.'. 25. Take and use licences, recycled water 10 In section 51(1) of the Water Act 1989-- (a) in paragraph (c), after "water" insert ", other than recycled water,"; (b) in paragraph (d), after "water" (where first occurring) insert ", other than recycled 15 water,". 26. Repeal of in-stream use licences Section 52 of the Water Act 1989 is repealed. 27. Determination of application for licence For section 55(2B) of the Water Act 1989 20 substitute-- "(2B) Subject to section 51A, the Minister must refuse an application under section 51 if, in the Minister's opinion-- (a) the allocation or use of water under the 25 licence will or may result in the permissible consumptive volume for the area for that year or a future year being exceeded; or 46 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 28 (b) the allocation under the licence is likely to have an adverse effect on maintaining the environmental water reserve in accordance with the environmental water reserve 5 objective.". 28. Conditions of take and use licences (1) After section 56(1)(a)(v) of the Water Act 1989 insert-- "(va) the maintenance of the environmental water 10 reserve in accordance with the environmental water reserve objective; or". (2) Section 56(4) of the Water Act 1989 is repealed. 29. Transfer of licence (1) In section 62(5) of the Water Act 1989, for "may" 15 substitute "must". (2) For section 62(6) of the Water Act 1989 substitute-- "(6) If an application is made-- (a) the Minister, if he or she is of the 20 opinion that the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective 25 must refuse to approve the transfer; or (b) in any other case, the Minister may-- (i) refuse to approve the transfer of the licence; or (ii) subject to sub-section (9), approve 30 the transfer of the licence and may, in addition, amend or delete any of the conditions to which the licence is subject or add a new 47 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 30 condition, but must not make the licence subject to any condition to which it could not have been made subject under section 56(1).". 30. Temporary supply of interstate water 5 For section 64H(3) of the Water Act 1989 substitute-- "(3) If an application under sub-section (1) is made-- (a) the Authority, if the Authority is of the 10 opinion that approval of the use of the works is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental 15 water reserve objective, must refuse to approve the use of the works; or (b) in any other case, the Authority may-- (i) refuse to approve the use of its works for any temporary supply; 20 or (ii) approve the use of its works for any temporary supply, subject to the prescribed terms and conditions and may, in addition, 25 impose any other terms and conditions on the approval of which notice is given to the parties by the Authority when the approval is given.". 30 48 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 31 31. Conditions on works licences In section 71(1) of the Water Act 1989-- (a) after paragraph (ab) insert-- "(ac) any condition that the Minister thinks fit-- 5 (i) as to the maximum amounts of water that may be taken in particular periods and circumstances; and (ii) the installation and use of 10 measuring devices and pumps; and". (b) after paragraph (b)(iv) of the Water Act 1989 insert-- "(iva) the maintenance of the environmental 15 water reserve in accordance with the environmental water reserve objective; or". 32. Transfer of works licence (1) In section 74(5) of the Water Act 1989, for "may" 20 substitute "must". (2) For section 74(6) of the Water Act 1989 substitute-- "(6) If an application for approval is made under sub-section (3)-- 25 (a) the Minister, if the Minister is of the opinion that-- (i) approval of the transfer is likely to have an adverse effect on the maintenance of the environmental 30 water reserve in accordance with the environmental water reserve objective; or 49 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 33 (ii) it is necessary to refuse to approve the transfer in order to preserve the environmental water reserve in accordance with the environmental water reserve 5 objective-- must refuse to approve the transfer; or (b) in any other case, the Minister may-- (i) refuse to approve the transfer of the licence; or 10 (ii) approve the transfer of the licence and may, in addition, amend or delete any of the conditions to which the licence is subject or add a new condition, but must not 15 make the licence subject to any condition to which it could not have been made subject under section 71(1).". 33. Power of Minister to give directions 20 In section 78(1)(b) of the Water Act 1989-- (a) in sub-paragraph (ii), for "of water." substitute "of water;"; (b) after sub-paragraph (ii) insert-- "(iii) to protect the environment, including 25 the riverine and riparian environment; or (iv) to maintain the environmental water reserve in accordance with the environmental water reserve 30 objective.". 50 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 34 34. New Division 6B inserted in Part 6 After Division 6A of Part 6 of the Water Act 1989 insert-- 'Division 6B--Transfer of Property etc. from Authority to Licensee 5 115D. Definitions (1) In this Division-- "allocation statement" means an allocation statement under section 115E; "Authority" does not include a council 10 appointed under section 98(1)(a) or a Catchment Management Authority appointed under section 98(1)(ab); "former Authority instrument" means an instrument (including a legislative 15 instrument other than this Act) or an oral agreement subsisting immediately before the relevant date-- (a) to which an Authority was a party; or 20 (b) that was given to, or in favour of, an Authority; or (c) that refers to an Authority; or (d) under which-- (i) money is, or may become, 25 payable to an Authority; or (ii) other property is to be, or may become liable to be, transferred to or by an Authority; 30 51 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 34 "former Authority property" means property, rights or liabilities of an Authority that, under this Division, have vested in, or become liabilities of, a licensee; 5 "instrument" includes a document and an oral agreement; "liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective; 10 "property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; 15 "relevant date", in relation to an allocation statement or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister under sub-section (2) for the 20 purposes of that statement; "rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective; "transferee" means a licensee to which 25 property is, or rights or liabilities are, allocated under an allocation statement; "transferor" means an Authority from which property is, or rights or liabilities are, transferred under an allocation 30 statement. (2) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement. 35 52 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 34 (3) Despite anything to the contrary in this or any other Act or in any rule of law, a building or other improvement of any kind on land may be transferred to a licensee in accordance with this Division irrespective of 5 whether the land is being, has been or is to be transferred to that licensee. (4) Despite anything to the contrary in this or any other Act or in any rule of law, land may be transferred to a licensee in accordance 10 with this Division irrespective of whether a building or other improvement of any kind on the land is being, has been or is to be transferred to that licensee. (5) For the purpose of sub-sections (3) and (4), a 15 building or other improvement situated on land must be taken to be personal property that is not affixed, within the meaning of any law relating to real property, to the land. 115E. Application to Minister for approval of 20 transfer proposal (1) If an Authority and a licensee jointly propose that property, rights or liabilities of a specified kind be transferred from the Authority to the licensee, the Authority and 25 the licensee may submit the proposal to the Minister for his or her approval. (2) A proposal must be in the form required by any guidelines issued by the Minister and be accompanied by a statement containing the 30 information required by the guidelines relating to the property, rights or liabilities to be transferred. 53 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 34 (3) A statement under this section-- (a) must give the value of the property, rights or liabilities of the Authority to be transferred, to the extent to which it is practicable to determine that value; 5 and (b) must allocate to the licensee the property, rights or liabilities of the Authority shown in the statement; and (c) must be signed by the chief executive 10 officer (by whatever name called) of the Authority and the licensee. (4) The Minister may refuse the proposal or approve it, with or without any changes. (5) If a proposal is approved by the Minister-- 15 (a) the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Division. (6) An allocation statement under this section 20 may be amended by writing signed by the Minister and the chief executive officer of the Authority and the licensee. (7) An amendment under sub-section (6) to an allocation statement made after the relevant 25 date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the 30 transferor or the transferee in relation to that statement. 54 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 34 (8) In this section, "statement" and "allocation statement" include a statement or allocation statement amended in accordance with this section. 115F. Property transferred in accordance with 5 allocation statement On the relevant date-- (a) all property and rights of an Authority that is a transferor, wherever located, that are allocated under an allocation 10 statement, vest in the transferee in accordance with the statement; (b) all liabilities of an Authority that is a transferor, wherever located, that are allocated under an allocation statement, 15 become liabilities of the transferee in accordance with the statement. 115G. Allocation of property etc. subject to encumbrances Unless an allocation statement otherwise 20 provides, where, under this Division-- (a) property or rights vest in; or (b) liabilities become liabilities of-- a transferee in accordance with an allocation statement-- 25 (c) the property or rights so vested are subject to the encumbrances (if any) to which the property or rights were subject immediately before so vesting; and 30 55 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 34 (d) the rights to which the transferor was entitled in respect of those liabilities immediately before they ceased to be liabilities of the transferor vest in the transferee. 5 115H. Certificate of chief executive officer (1) A certificate signed by the chief executive officer of an Authority that is a transferor certifying that property, rights or liabilities of the transferor specified in the certificate have 10 been allocated under an allocation statement is, unless revoked under sub-section (2), admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof-- 15 (a) that the property, rights or liabilities have been so allocated; and (b) that the property, rights or liabilities vested in, or became the property, rights or liabilities of, the transferee on 20 the relevant date. (2) The chief executive officer may revoke a certificate given under sub-section (1) by issuing another certificate in place of the first certificate. 25 (3) The chief executive officer of a transferor-- (a) must keep a register of allocation statements and of certificates relating to them that are issued under this section; and 30 (b) must make the register reasonably available for inspection by a transferee or other interested person. 56 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 34 115I. Value of transferred property If the relevant allocation statement gives the value of property, rights or liabilities of the transferor that are allocated to the transferee, the value to the transferee of the property, 5 rights or liabilities is the value so given. 115J. Substitution of party to agreement Where, under an allocation statement, the rights and liabilities of a transferor under an agreement are allocated to a transferee-- 10 (a) the transferee becomes, on the relevant date, a party to the agreement in place of the transferor; and (b) on and after the relevant date, the agreement has effect as if the transferee 15 had always been a party to the agreement in place of the transferor. 115K. Former Authority instruments Each former Authority instrument relating to former Authority property continues to have 20 effect according to its tenor on and after the relevant date in relation to that property as if a reference in the instrument to the transferor were a reference to the transferee. 115L. Proceedings 25 Unless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former Authority property (including arbitration proceedings) to which a transferor was a 30 party were pending or existing in any court or tribunal (including an arbitral tribunal), then, on and after that date, the transferee is substituted for the transferor as a party to the proceedings and has the same rights and 35 57 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 34 liabilities in the proceedings as the transferor had. 115M. Interests in land Without prejudice to the generality of this Division and despite anything to the contrary 5 in any other Act or law if, immediately before the relevant date, a transferor is, in relation to former Authority property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then 10 on and after that date-- (a) the transferee is to be taken to be the registered proprietor of that interest in land; and (b) the transferee has the same rights and 15 remedies in respect of that interest as the transferor had. 115N. Easements If a licensee acquires any right in the nature of an easement, or purporting to be an 20 easement, as a result of an allocation under this Division, that right must be taken to be an easement even though there is no land vested in the licensee which is benefited or capable of being benefited by that right. 25 115O. Amendment of Register (1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer of 30 the transferor of former Authority property, must make any amendments in the Register that are necessary because of the operation of this Division. 58 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 34 (2) Despite sub-section (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of 5 Land Act 1958. 115P. Taxes No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Division or in respect 10 of any act or transaction connected with or necessary to be done by reason of this Division, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with, 15 the transfer of property, rights or liabilities of an Authority. 115Q. Evidence (1) Documentary or other evidence that would have been admissible for or against the 20 interests of a transferor in relation to a former Authority instrument or former Authority property if this Division had not been enacted is admissible for or against the interests of the transferee. 25 (2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of an Authority and to entries made in those books of account before the relevant date, whether or not they 30 relate to a former Authority instrument or former Authority property. 59 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 34 115R. Validity of things done under this Division Nothing effected or to be effected by this Division or done or suffered under this Division-- (a) is to be regarded as placing any person 5 in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or (b) is to be regarded as placing any person in breach of, or as constituting a default 10 under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation 15 prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any 20 condition that allows a person to exercise a power, right or remedy in respect of, or to terminate, any agreement or obligation; or (d) is to be regarded as giving rise to any 25 remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any 30 property, right or liability; or (e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or 60 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 35 (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligor wholly or in part from any obligation.'. 35. Notice to connect, recycled water 5 After section 147(5) of the Water Act 1989 insert-- "(6) An Authority must not by notice under this section require an owner of property to connect the property to works of the 10 Authority for the supply of recycled water.". 36. Insertion of new section 186A After section 186 of the Water Act 1989 insert-- "186A. Statements of obligations of Authorities with waterway management functions 15 (1) The Minister may-- (a) issue a statement of obligations to an Authority specifying obligations that the Authority has in performing its functions under this Part or exercising 20 powers it has under this Act as an Authority to which this Part applies; or (b) amend, vary or revoke a statement of obligations after complying with sub- section (5). 25 (2) The Minister must not issue, amend, vary or revoke a statement under sub-section (1), unless the Minister has first consulted with the Minister administering Part 4 of the Catchment and Land Protection Act 1994. 30 61 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 36 (3) A statement of obligations may include provision relating to-- (a) standards as to the performance of any such functions; (b) requirements as to community 5 consultation in performing any such functions; (c) the management of the environmental water reserve. (4) An Authority must comply with a statement 10 of obligations that applies to that Authority. (5) The Minister must not amend or vary a statement of obligations unless-- (a) the Authority has agreed to the proposed amendment or variation; or 15 (b) the Minister has-- (i) given the Authority notice in writing of the proposed amendment or variation; and (ii) considered any written submission 20 made by the Authority in response to the notice. (6) The Minister must cause a notice of-- (a) the making and issue of a statement of obligations to an Authority; or 25 (b) the amendment, variation or revocation of a statement of obligations-- to be published in the Government Gazette.". 62 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 2--Environmental Water Reserve and Water Planning s. 37 37. Functions of Waterway Management Authorities (1) After section 189(b) of the Water Act 1989 insert-- "(ba) to-- (i) develop and implement plans and 5 programs; and (ii) carry out works and activities-- to maintain the environmental water reserve in accordance with the environmental water reserve objective; 10 (bb) to-- (i) develop and implement plans and programs; and (ii) carry out works and activities-- to improve the environmental values and 15 health of water ecosystems, including their biodiversity, ecological functions, quality of water and other uses that depend on environmental condition;". (2) At the end of section 189 of the Water Act 1989 20 insert-- "(2) In performing its functions under this Act, an Authority that has a waterway management district must have regard to the need to maintain the environmental water reserve in 25 accordance with the environmental water reserve objective.". __________________ 63 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 38 PART 3--SHARES, LICENCES, DELIVERY AND RELATED MATTERS 38. Definitions (1) In section 3(1) of the Water Act 1989-- (a) insert the following definitions-- 5 ' "annual use limit", in relation to-- (a) a water-use licence, means the maximum volume of water that in any 12 month period may be applied to the land specified in the 10 licence under a condition on the licence imposed under section 64AD, or as determined in accordance with the conversion rules applicable to the licence 15 (as the case requires); and (b) a water-use registration, means the maximum volume of water that may be used on the land specified in the registration in any 12 month 20 period under a condition on the registration imposed under section 64AT or as determined in accordance with the conversion rules applicable to the registration 25 (as the case requires); "approved form", in Part 5A, means a form approved by a recording body; "associated water share" means a water share that has been determined to be an 30 associated water share under Division 10 of Part 3A; 64 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 38 "associated water system", in relation to a water share, means the declared water system determined by the Minister under section 33G to be the water system for which the share is issued; 5 "declared water system" means a water system that has, under a declaration under section 6A become a declared water system; "irrigation" means the application of water 10 to land-- (a) for the purpose of watering plants (other than in connection with domestic and stock use, plant nursery use or other prescribed 15 uses); or (b) any other prescribed agricultural purposes; "limited term transfer", in relation to a water share, means the transfer of a 20 right to future water allocations for a limited period under the share under section 33T; "non-declared water system" means a water system that is not a declared 25 water system; "non water user limit", in relation to a class of water shares of a particular reliability and in relation to a water system, means-- 30 (a) ten per cent; or 65 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 38 (b) such other percentage as is determined by the Minister under section 33AR(1), from time to time-- of the sum of the maximum volumes of 5 entitlement for water shares of that class in that water system as determined by the Minister under section 33AR(2), from time to time; "recording body" means-- 10 (a) in relation to water shares, the Registrar; (b) in relation to water-use licences, water-use registrations, works licences under section 67(1), bulk 15 entitlements and environmental entitlements, the Minister; (c) in relation to the matters referred to in section 84C(3), an Authority; "Registrar" means the person employed 20 under Part 5A to be the Registrar of the water register; "related body corporate" has the same meaning as in the Corporations Act; "related person" means a person who is 25 related to another person in accordance with any of the following provisions-- (a) natural persons are related persons if one of them is a relative of the other; 30 (b) companies are related persons if they are related bodies corporate within the meaning of the Corporations Act; 66 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 38 (c) a natural person and a company are related persons if the natural person is a majority shareholder or director of the company or of another company that is a related 5 body corporate of the company within the meaning of the Corporations Act; (d) a natural person and a trustee are related persons if the natural 10 person is a beneficiary of the trust (not being a public unit trust scheme) of which the trustee is a trustee; (e) a company and a trustee are 15 related persons if the company, or a majority shareholder or director of the company, is a beneficiary of the trust (not being a public unit trust scheme) of which the trustee 20 is a trustee; "relative" in relation to a natural person, means a person who is-- (a) a child or remoter lineal descendant of the person or of the 25 partner of the person; (b) a parent or remoter lineal ancestor of the person or of the partner of the person; (c) a brother or sister of the person or 30 of the partner of the person; (d) the partner of the person or a partner of any person referred to in paragraph (a), (b) or (c); 67 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 38 (e) a child of a brother or sister of the person or of the partner of the person; (f) a brother or sister of a parent of the person or of a parent of the 5 partner of the person; "seasonal determination" in relation to a water system, means a determination for that system made under section 64GB; 10 "standard water-use condition" means a condition determined by the Minister under Division 4 of Part 4B; "water allocation", in relation to a water share, means the amount of water 15 allocated to the water share at any particular time in accordance with Division 7 of Part 3A; "water allocation assignment", in relation to a water share, means an assignment 20 of the water allocation for the share under section 33U or section 33V; "water register" means the Victorian water register established under Part 5A; "water share" means a water share issued 25 under Division 2 of Part 3A; "water-use licence" means a licence granted under Division 2 of Part 4B; "water-use objective" means an objective determined by the Minister under 30 Division 3 of Part 4B; 68 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 38 "water-use registration" means a registration granted under Division 9 of Part 4B; "water season" means any period of 12 calendar months beginning on 1 July 5 in any year and ending on 30 June in the following year;'. (2) In section 3(1) of the Water Act 1989-- (a) the definition of "holding" is repealed; (b) the definition of "register" is repealed. 10 (3) After section 3(3) of the Water Act 1989 insert-- "(4) For the purposes of this Act, the non water user limit for a class of water shares issued in respect of a water system is to be taken as 15 being exceeded if the sum of-- (a) the maximum volume of all water shares of that class issued in respect of the water system (including water shares issued on application under 20 section 33M) that are not associated water shares; and (b) the maximum volume (immediately before cancellation) of all water shares of that class issued in respect of the 25 water system that have been cancelled under section 33AB, less the maximum volume of all water shares of that class issued in respect of the water system on application under section 33M-- 30 is greater than the limit.". 69 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 39 39. Insertion of new section 6A After section 6 of the Water Act 1989 insert-- "6A. Power to declare water systems (1) The Governor in Council may, on the recommendation of the Minister, by Order 5 published in the Government Gazette, make a declaration that, on the day specified in the declaration, a water system becomes a declared water system. (2) A declaration under sub-section (1)-- 10 (a) must not be amended, unless to correct any clerical, factual or other inadvertent mistake in the declaration; and (b) must not be revoked. (3) Before making a declaration under sub- 15 section (1), the Minister must consult with-- (a) the Authority or Authorities responsible for the supply of water from the water system to which the declaration relates; and 20 (b) the Registrar.". 40. Role of Minister in relation to water shares (1) After section 22(3)(a) of the Water Act 1989 insert-- "(ab) a water share; or". 25 (2) For section 22(6) of the Water Act 1989 substitute-- "(6) The Minister may, by Order published in the Government Gazette set rules with respect to the adjustment of volumes to be applied to 30 transfers, whether permanent or temporary, of water rights in non-declared water systems. 70 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (7) The Minister may amend or revoke an Order made under sub-section (6), in the same manner in which the Order is made under that sub-section.". 41. Insertion of new Part 3A 5 After Part 3 of the Water Act 1989 insert-- 'PART 3A--WATER SHARES Division 1--Offence as to Taking of Water 33E. Offence to take water without authorisation 10 (1) A person must not take water from-- (a) a waterway (including the River Murray); or (b) an aquifer; or (c) a spring or soak; or 15 (d) a dam (to the extent that it is not rainwater supplied to the dam from the roof of a building or water supplied to the dam from a waterway or a bore)-- in a declared water system unless that person 20 is authorised to do so under a water share. Penalty: For a first offence, 60 penalty units or imprisonment for 6 months; For a second or subsequent 25 offence, 120 penalty units or imprisonment for 12 months. 71 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (2) Sub-section (1) does not apply to-- (a) water taken from a spring, soak or dam for domestic and stock use; or (b) water taken under any other authorisation to do so by or under this 5 or any other Act. Division 2--Issuing and Nature of Water Share 33F. Issuing and nature of water shares (1) The Minister, may issue a water share in respect of a declared water system. 10 (2) A water share authorises the taking of water under the water allocation for the share during the water season for which the water allocation is allocated or, with the approval of the Minister, in a subsequent season. 15 (3) The authority to take water under a water share is subject to any other provisions of this Act or any regulations or instruments made under this Act or a licence or permit issued under this Act regulating the 20 following-- (a) the place at which water can be taken; (b) the times or rate at which water can be taken. (4) The Minister may issue a share under this 25 section-- (a) on receiving an application for a share under section 33L; or (b) under a contract for the sale of the share entered into in accordance with 30 section 33P; or 72 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (c) on receiving an application under section 33M, in the case of the holder of a right in another State or a Territory that is equivalent to that of ownership of a water share. 5 33G. Matters the Minister must determine in issuing a water share On issuing a water share the Minister must determine-- (a) the water system for which the share is 10 issued, and, if that water system is divided into zones, the zone for which the water share is issued; and (b) the share of water available from the water system under the water share, 15 which must be expressed as a maximum volume of water over a period defined by the Minister; and (c) the class of reliability of the share; and (d) any other prescribed matter. 20 33H. Matters Minister must specify in issuing water share On issuing a water share the Minister must specify-- (a) in the case of a water share issued 25 under this Part to more than one person, whether the share is to be held by those persons-- (i) as joint tenants; or (ii) as tenants in common; 30 73 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (b) whether or not the water share is an associated water share, and if the water share is an associated water share-- (i) the land specified in a water-use licence or water-use registration 5 with which it is associated; and (ii) the water-use licence or water-use registration in which the land is so specified; (c) the Authority (if any) that is responsible 10 for providing services in respect of the water share. 33I. Circumstances in which Minister must not issue a share (1) The Minister must not issue a share under 15 this Division if-- (a) on issuing the share it would not be an associated water share; and (b) the Minister is of the opinion that, at the time of the making of the decision 20 about the issue of the share-- (i) the maximum volume of water determined for that water share, would cause the non water user limit for the proposed associated 25 water system to be exceeded for the class of water share to which the water share would belong; or (ii) the non water user limit for the proposed associated water system 30 has been exceeded for the class of water share to which the water share would belong. 74 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (2) The Minister must not issue a share under this Division if the Minister is of the opinion that-- (a) the issue of the share would be in conflict with any approved 5 management plan for a water supply protection area under Division 3 of Part 3; or (b) the issue of the share may result in the permissible consumptive volume for 10 the proposed associated water system being exceeded; or (c) the issue of the share would be in conflict with any relevant bulk entitlement. 15 33J. Matters to be considered in issuing certain water shares (1) The Minister, in issuing a water share and in making a determination under section 33G(b) or (c) in respect of a water share, 20 where the associated water system for that water share is subject to a bulk entitlement or is a water system in respect of which a permissible consumptive volume has been declared, must consider-- 25 (a) whether the issue of the share would be consistent with the bulk entitlement or with the permissible consumptive volume for the water system (as the case requires); and 30 (b) the effect that the issue is likely to have on-- (i) other water shares for which the water system is the associated water system; and 35 75 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (ii) any environmental entitlement to which the associated water system is subject; and (iii) the needs of other potential applicants. 5 (2) The Minister, in issuing a water share and in making a determination under section 33G(b) or (c) in respect of a water share to which sub-section (1) does not apply, must consider-- 10 (a) the existing and projected availability of water in the associated water system for the water share; and (b) the existing and projected quality of water in the associated water system; 15 and (c) any adverse effect that the allocation or use of water under the water share is likely to have on-- (i) existing authorised uses of water 20 provided from the associated water system; and (ii) any waterway or aquifer; and (d) any water in the associated water system in respect of which the applicant 25 is already the owner of a water share; and (e) the need to protect the environment, including the riverine and riparian environment; and 30 76 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (f) the conservation policy of the government; and (g) any adverse effect the issue of the share or the determination (as the case requires) is likely to have on the 5 maintenance of the environmental water reserve in accordance with the environmental water reserve objective; and (h) government policies concerning the 10 preferred allocation or use of water resources; and (i) the needs of other potential applicants; and (j) so far as is available to the Minister-- 15 (i) any relevant report or statement prepared under any Act; and (ii) the findings of or any evidence given or submissions made to any relevant investigation or inquiry 20 held under any Act or held by any Committee of the Cabinet, government department or public statutory body, whether or not under an Act; and 25 (k) any other matter that the Minister thinks fit to have regard to. (3) This section does not apply to the issue of a water share under an application under section 33M. 30 77 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 33K. Matters to be considered in issuing water shares on interstate applications The Minister, in issuing a water share on an application under section 33M must consider-- 5 (a) any relevant rules made under Division 13; and (b) the provisions of any agreement under Division 8; and (c) the effect of the issue of the share on 10 usage of water; and (d) the impact of subsidies; and (e) any other matter that the Minister considers relevant. Division 3--Application for or Sale of Water 15 Shares 33L. Application for water share (1) A person may apply to the Minister for the issue of a water share. (2) An application under sub-section (1)-- 20 (a) must specify the proposed associated water system for the share; and (b) in the case of an application by more than one person, must specify whether the share is to be held by the 25 applicants-- (i) as joint tenants; or (ii) as tenants in common. 78 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 33M. Applications for water shares by holders of interstate right A person who is the holder of a right in another State or a Territory that is equivalent to that of ownership of a water share, may 5 apply to the Minister, in accordance with the agreement entered into under Division 8, for a water share to be issued under this Part on the cancellation of the equivalent right in the other State or Territory. 10 33N. Minister to defer application where area is proposed to be a water supply protection area (1) The Minister must defer consideration of an application for the issue of a water share 15 under section 33L or under section 33M if a notice has been published under section 27(4)(a)(i) that relates to either or both of the following-- (a) the protection of groundwater resources 20 that are specified as a water system in the application; (b) the protection of surface water resources that are specified as a water system in the application. 25 (2) Deferral of an application under sub- section (1) has effect until either of the following occurs-- (a) an Order is made under section 27(1); or 30 (b) a notice is published under section 27(10). 79 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (3) If-- (a) an Order is made under section 27(1); and (b) a management plan for the area that is the subject of the Order has not been 5 approved under section 32A(6)-- the Minister must further defer consideration of an application deferred under sub- section (1) in respect of the area until notice of the approval or refusal of a draft 10 management plan has been published under section 32A(7). 33O. Minister to advise applicant of decision The Minister must advise an applicant for a water share of the Minister's decision on the 15 application in writing. 33P. Sale of water shares by Minister (1) The Minister may enter into a contract for the sale of a water share either-- (a) on conducting an auction for the sale of 20 water shares; or (b) after inviting and considering tenders for the sale of water shares; or (c) in any other manner that the Minister thinks fit. 25 (2) The Minister must not enter into a contract for the sale of a water share unless he or she has first caused a notice to be published in the Government Gazette and in a newspaper circulating generally in the area of the 30 proposed associated water system for the share-- 80 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (a) declaring that the water share is available to be purchased by any person who satisfies the requirements specified in the notice; and (b) giving details of the method by which 5 the water share is to be sold. Division 4--Variation of Water Shares 33Q. Power of Minister to vary water shares (1) The Minister, on receiving an application under this Division to do so may vary his or 10 her determination under section 33G as to a water share by-- (a) determining that the water share is to be converted to a water share with a different associated water system, and 15 for this purpose the Minister may determine a variation in the maximum volume in accordance with the relevant rules made under Division 13; or (b) determining that the water share is to be 20 converted to a water share for another zone in the associated water system, and for this purpose the Minister may determine a variation in the maximum volume in accordance with the relevant 25 rules made under Division 13; or (c) determining that the water share is to be converted to a water share with a different class of reliability, and for this purpose the Minister may determine a 30 variation in the maximum volume in accordance with the relevant rules made under Division 13; or (d) varying any determination of a matter prescribed under section 33G(d). 35 81 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (2) In making a determination under sub- section (1), the Minister must have regard to the relevant rules made under Division 13. 33R. Applications for variation of water shares The owner of a water share may apply to the 5 Minister for a determination under this Division. Division 5--Dealings with Water Shares 33S. Transfer of ownership of water share (1) The owner of a water share may transfer 10 ownership of that share to another person. (2) In the case of transfer of ownership of a water share owned by more than one person-- (a) a person who is the owner of a portion 15 of a water share as a tenant in common may transfer that person's portion of the undivided whole of the water share without the consent of the other tenants in common; 20 (b) in any other case the owner of a portion of the water share must not transfer that person's portion without the consent of each of the other owners of the water share. 25 (3) A transfer of ownership of a water share under this section does not have the effect of assigning any water allocated under the water allocation for that share before the recording of the transfer. 30 82 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 33T. Limited term transfers (1) The owner of a water share may transfer the whole of the right to future water allocations under that share for a limited, identified and consecutive period to the owner or occupier 5 of land specified in a water-use licence or water-use registration. (2) A transfer under this section must specify the period for which the right is being transferred, being a period of not more than 10 20 years. (3) A transfer under this section entitles the holder of the transfer to receive future water allocations under the water share from the date specified in the transfer. 15 (4) A transfer under this section may have the effect, if so specified in the transfer, of enabling the taking of water under a water allocation from a water system that is not the associated water system for the water share. 20 33U. Assignment of water allocation (1) The holder of a water share may assign the whole or a part of the water allocation available to that person under that share (at the time at which the assignment is made) 25 to a person who is the owner or occupier of land specified in a water-use licence or water-use registration. (2) A tenant in common of a water share may not separately assign the water allocation 30 available to that person under the share. (3) An assignment under this section entitles the holder of the assignment to receive water allocations under the water share from the date specified in the assignment. 35 83 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (4) An assignment under this section may have the effect, if so specified in the assignment, of enabling the taking of water under a water allocation from a water system that is not the associated water system for the water share. 5 (5) In this section "holder of a water share" means-- (a) in the case of a water share in respect of which there is no limited term transfer, the owner of the water share; or 10 (b) in the case of a water share in respect of which there is a limited term transfer, the holder of that transfer. 33V. Further assignment of water allocation (1) A person to whom the whole or a part of a 15 water allocation has been assigned under section 33U(1) or under this section, may assign the whole or a part of the assigned water allocation to the owner or occupier of land specified in a water-use licence or 20 water-use registration. (2) An assignment under this section may have the effect, if so specified in the assignment, of enabling the taking of water under a water allocation from a water system that is not the 25 associated water system for the water share. 33W. Offence to give a transfer or assignment without Ministerial approval (1) A person must not-- (a) transfer ownership of a water share 30 under this Division; or (b) give a limited term transfer under this Division; or 84 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (c) give a water allocation assignment under this Division-- unless the Minister has approved the transfer or assignment (as the case requires). Penalty: 60 penalty units. 5 (2) Sub-section (1) does not apply to a transfer of ownership of a water share on the death of a person by the legal personal representative of the person to the person entitled to inherit the water share from the deceased person. 10 33X. Ministerial approval (1) The Minister may, on application by a person, approve-- (a) the transfer of ownership of a water share under this Division; or 15 (b) the giving of a limited term transfer under this Division; or (c) the giving of a water allocation assignment under this Division. (2) The Minister must not give an approval 20 under sub-section (1)(a) if-- (a) on transfer, the water share would not be an associated water share; and (b) the Minister is of the opinion that at the time of the making of the decision 25 about the transfer-- (i) the maximum volume of water determined for the water share, would cause the non water user limit for the associated water 30 system to be exceeded for the class of water share to which the water share belongs; or 85 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (ii) the non water user limit for the associated water system has been exceeded for the class of water share to which the water share belongs; and 5 (c) the Minister has not made a determination under Division 10, in relation to the transferee, that the water share will be an associated water share when owned by the transferee. 10 (3) The Minister must not give an approval under sub-section (1)-- (a) if any fee under Division 9 that is payable in relation to the share is outstanding; or 15 (b) for any other prescribed reason. (4) In giving an approval under sub-section (1), the Minister must have regard to any relevant rules made under Division 13. (5) An approval under this section remains in 20 force-- (a) for the prescribed period; or (b) if no period has been prescribed under paragraph (a), for 2 months. 33Y. Division of water shares 25 (1) The Minister may, on the application of the owner of a water share, divide the water share either-- (a) by cancelling the water share and by issuing new shares in respect of the 30 volume of the water share; or 86 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (b) by varying the water share so as to reduce the volume that is specified in the application, and issuing one or more new water shares in respect of the volume that is specified in the 5 application. (2) The Minister-- (a) must not grant an application under sub-section (1) unless each person-- (i) who has a recorded mortgage over 10 the water share in respect of which the application is made; and (ii) who has a limited term transfer over the water share in respect of which the application is made-- 15 has consented to the Minister doing so; and (b) in granting an application under sub- section (1), must consider any relevant rules made under Division 13. 20 (3) The consent under sub-section (2)(a) of a person to an application does not operate to discharge the mortgage or terminate the limited term transfer in respect of which the consent is given. 25 33Z. Consolidation of water shares (1) The Minister may, on the application of an owner of two or more water shares, consolidate those water shares either-- (a) by cancelling the water shares and 30 issuing one water share in respect of the maximum volumes of both shares; or 87 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (b) by cancelling one or more of the water shares and adding the maximum volumes of the cancelled water shares to the maximum volume of one or more of the other water shares. 5 (2) The Minister must not consolidate water shares under sub-section (1) unless-- (a) the persons who own each of the shares are the same; and (b) each of the shares is owned in the same 10 proportions and the same manner. (3) In consolidating a water share under sub- section (1), the Minister-- (a) must not cancel a water share if there is a recorded mortgage or limited term 15 transfer over the water share; and (b) must not add the maximum volume of a cancelled water share to another water share unless each person-- (i) who has a recorded mortgage over 20 the other water share; and (ii) who has a limited term transfer over the other water share-- has consented to the Minister doing so; and 25 (c) must not do so unless each of the shares specifies the same water system and the same class of reliability; and (d) must consider any relevant rules made under Division 13. 30 88 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (4) On the consolidation of water shares under sub-section (1), if the rules made under Division 13 so provide-- (a) any recorded mortgage; or (b) any limited term transfer-- 5 over a water share to which maximum volume has been added is deemed to apply to the whole of the share (including that part to which the volume has been added). Division 6--Surrender and Cancellation of 10 Water Shares 33AA. Surrender of water share (1) The owner of a water share may apply to the Minister to surrender the water share to the Crown. 15 (2) On receiving an application under this section, the Minister may authorise the applicant to surrender the water share to the Crown. (3) The Minister may refund to a person who 20 has surrendered a water share under this section, the whole or that part of a fee paid under Division 9 that relates to any period of time occurring after the surrender of the water share. 25 33AB. Cancellation where interstate rights are obtained (1) A person who is or persons who are the owners of a water share may, in accordance with the agreement entered into under 30 Division 8, apply to the Minister for the water share to be cancelled, on the issuing of the equivalent right in the other State or Territory. 89 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (2) If-- (a) the cancellation of the share would cause the non water user limit for the associated water system to be exceeded for the class of water share to which the 5 water share belongs; or (b) the non water user limit for the associated water system is exceeded for the class of water share to which the water share belongs-- 10 the Minister must not cancel the water share. (3) The Minister, in cancelling a water share under this section must consider-- (a) any relevant rules made under Division 13; and 15 (b) the provisions of the agreement. Division 7--Water Allocations 33AC. Water allocations (1) In the case of a declared water system for which a seasonal determination has been 20 made for a water season, the Minister must, from time to time during the water season, determine, for each water share for which that system is the associated system, amounts of water that are to be allocated to 25 that share from the water determined to be available for allocation to water shares in the seasonal determination. (2) In the case of a declared water system for which an Authority has not been appointed 30 under section 64GA to make seasonal determinations, the water allocation for each water share for which that system is the associated water system, is to be the 90 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 maximum volume determined by the Minister under section 33G(b) for that share. 33AD. Approval for taking of water allocation in subsequent season (1) For the purposes of sub-section 33F(2), on 5 application by a person who is entitled to take water under the water allocation, the Minister may approve the taking of water under the water allocation in a subsequent season, subject to any terms and conditions 10 that the Minister thinks fit. (2) In giving approval under sub-section (1), the Minister must consider any relevant rules made under Division 13. Division 8--Intrastate and Interstate 15 Agreements and Approvals 33AE. Interstate agreement as to dealings in water rights The Minister may enter into an agreement with a Minister of any other State or a 20 Territory of the Commonwealth-- (a) for the conversion of water shares or equivalent rights in one State or Territory into water shares or equivalent rights in another State or 25 Territory; and (b) for the recognition of rights in one State or Territory in another State or Territory; and (c) for the assignment of water allocations 30 from one State or Territory to another State or Territory. 91 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 33AF. Offence to take interstate water without approval of Minister A person must not take water from a declared water system in Victoria under a right in another State or a Territory of the 5 Commonwealth that is an equivalent right to a water share unless that person has first obtained the approval of the Minister to do so under this Division. Penalty: 60 penalty units. 10 33AG. Approval of Minister to taking of interstate water (1) For the purposes of section 33AF the Minister, on application, may approve a taking of water from a declared water system 15 by the applicant subject to any conditions that the Minister thinks fit. (2) In giving an approval under sub-section (1) the Minister must consider-- (a) any relevant rules made under 20 Division 13; and (b) the provisions of any agreement under this Division; and (c) the effect of the giving of the approval on the usage of water; and 25 (d) the impact of subsidies; and (e) any other matter the Minister considers relevant. 92 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 33AH. Offence to take water under a water allocation outside the associated water system without approval of Minister A person must not take water under a water allocation outside the associated water 5 system for a water share under which that allocation is made unless that person has first obtained the approval of the Minister to do so under this Part. Penalty: 60 penalty units. 10 33AI. Approval of Minister to taking of water outside water system (1) For the purposes of section 33AH the Minister, on application, may approve a taking of water by the applicant subject to 15 any conditions that the Minister thinks fit. (2) In giving an approval under sub-section (1) the Minister must consider-- (a) any relevant rules made under Division 13; and 20 (b) the provisions of any agreement under this Division; and (c) the effect of the giving of the approval on the usage of water; and (d) the impact of subsidies; and 25 (e) any other matter the Minister considers relevant. 93 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 Division 9--Fees for Provision of Services to Owners of Water Shares 33AJ. Service provision fees (1) Each Authority that provides services to the owners of water shares, that are services 5 provided in relation to the water shares, may determine fees to be paid by such persons for the provision of those services. (2) The Authority may make a determination under sub-section (1) at any time while any 10 such water shares are in force. (3) An Authority that has made a determination under sub-section (1) may do any of the following-- (a) amend or revoke the determination; 15 (b) impose conditions on the determination (either as to the manner of payment of fees or any other matter). 33AK. Fee to be a charge over water share Where a person is liable to pay a fee 20 determined by an Authority under this Division to the Authority in respect of a water share owned by that person, the amount due is a charge on the water share, (whether or not the Authority has agreed to 25 defer the whole or a part of the payment of the amount) that ranks before any mortgage over the water share. 94 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 Division 10--Associated Water Shares 33AL. Determination as to water share being an associated water share (1) The Minister may determine that a water share is associated with land that is specified 5 in a water-use licence or a water-use registration. (2) The Minister may make a determination under sub-section (1) on receiving an application under this Division. 10 33AM. Matters to be considered in making of the determination as to associated water shares (1) The Minister must not make a determination under section 33AL unless the Minister is 15 satisfied that-- (a) in the case of an application by a person who wholly owns or who will wholly own the share, the applicant is-- (i) the owner or occupier of land 20 specified in a water-use licence or water-use registration; or (ii) a related person to a person who is the owner or occupier of any such land; or 25 (b) in the case of an application by a person or persons who are or who will become joint tenants of the share, half or more of the tenants are persons who are-- (i) the owner or owners or occupier 30 or occupiers of land specified in a water-use licence or water-use registration; or 95 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (ii) a related person or related persons to a person who is or persons who are the owner or owners or occupier or occupiers of any such land; or 5 (c) in the case of an application by a person or persons who are or who will become tenants in common of the share, half or more of the ownership of the share is by a person who is or persons who 10 are-- (i) the owner or owners or occupier or occupiers of land specified in a water-use licence or water-use registration; or 15 (ii) a related person or related persons to a person who is or persons who are the owner or owners or occupier or occupiers of any such land. 20 (2) The Minister must not make a determination under section 33AL unless-- (a) the Minister is satisfied that the maximum volume of the share together with the maximum volumes of any 25 other water shares that are associated with the land specified in the application is not more than twice the maximum volume of water that is allowed to be used under the water-use 30 licence or water-use registration (as the case requires) on the land; and (b) the application is consistent with any relevant rules made under Division 13. 96 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (3) The Minister must not determine that a water share is associated with land that is specified in a water-use licence or a water-use registration if there are no works or systems that are available or that are reasonably 5 likely to be available to supply or deliver water to the land. 33AN. Determination as to cessation as associated water share where no works etc. available 10 (1) The Minister may revoke a determination under section 33AL, in relation to a water share, if the Minister is satisfied that there are no works or systems that are available or that are reasonably likely to be available to 15 supply or deliver water to the land with which the share is associated. (2) The Minister may make a determination under sub-section (1) either of his or her own motion or after receiving an application 20 under this Division. (3) The Minister must not make a determination under sub-section (1) of his or her own motion unless the Minister has first notified the owner of the water share of the proposal 25 to make the determination. 33AO. Revocation of associated water share determination by Minister (1) Where section 33AN does not apply, the Minister may revoke a determination under 30 section 33AL, in relation to a water share, of his or her own motion if the Minister is satisfied that-- 97 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (a) in the case of a water share-- (i) that is wholly owned by one person the owner is not-- (A) the owner or occupier of the land with which the share is 5 associated; or (B) a related person to a person who is the owner or occupier of the land with which the share is associated; or 10 (ii) the owners of which are joint tenants, more than half of the tenants are not-- (A) the owner or owners or occupier or occupiers of the 15 land with which the share is associated; or (B) a related person or related persons to a person who is or persons who are the owner or 20 owners or occupier or occupiers of the land with which the share is associated; or (iii) that is owned by persons who are 25 tenants in common, more than half of the ownership of the share is by a person who is not or persons who are not-- (A) the owner or owners or 30 occupier or occupiers of the land with which the share is associated; or 98 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (B) a related person or related persons to a person who is or persons who are the owner or owners or occupier or occupiers of the land with 5 which the share is associated; or (b) the land with which the water share is associated is no longer the subject of a water-use licence or water-use 10 registration. (2) In any case except that of a transfer of ownership under section 33S, the Minister must not make a determination under sub- section (1), unless the Minister has first 15 notified the owner or owners of the water share of the proposal to make the determination. 33AP. Revocation of associated water share determination on application 20 (1) The Minister may, on application by a person under this Division, revoke a determination under section 33AL in relation to a water share. (2) The Minister must not make a determination 25 under sub-section (1) if the Minister is satisfied that, at the time of making the determination, the non water user limit for the authorised water system for the share-- (a) is exceeded for the class of water share 30 to which the water share belongs; or (b) would be so exceeded, if the Minister were to make a determination under this section that the water share ceases to be an associated water share. 35 99 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 33AQ. Applications for and notices of determinations under this Division (1) On making a determination under this Division the Minister must give notice in writing of the making of the determination to 5 the owner of the water share. (2) A person may apply to the Minister for a determination under section 33AL if that person-- (a) is an owner of the water share to which 10 the application relates; or (b) has applied under Division 2 for the issue of the water share to which the application relates; or (c) is a person to whom ownership of the 15 water share to which the application relates is being transferred under Division 5. (3) The owner of an associated water share may apply to the Minister for a determination 20 under section 33AP in respect of that share. Division 11--Non Water User Limit 33AR. Power to make determinations as to non water user limit (1) For the purposes of paragraph (b) of the 25 definition of "non water user limit" the Minister may, from time to time, make determinations. (2) For the purposes of the definition of "non water user limit" the Minister may from time 30 to time make determinations of the sum of the maximum volumes of entitlement for water shares of a particular class in a water system. 100 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (3) On making a determination under this section, the Minister must cause the determination to be published in the Government Gazette. (4) Before giving notice, under sub-section 5 (8)(b), of a determination that is proposed to be made, the Minister must-- (a) appoint a consultative committee; and (b) consult with the consultative committee before preparing the determination. 10 (5) The Minister must ensure that, as far as is reasonably possible, the membership of a committee under sub-section (4) is comprised of persons that the Minister reasonably believes represent the interests of 15 persons that are likely to be affected by the making of the determination. (6) Before making a determination under sub- section (4), the Minister must appoint a panel of persons that have relevant knowledge or 20 experience to report on the determination. (7) The provisions of section 22F(2) to (7) (with such modifications as are necessary) apply to a panel appointed under sub-section (6). (8) Before making a determination under sub- 25 section (1), the Minister must-- (a) give notice that the determination is proposed to be made to any Authority that has responsibilities in the area that will be affected by the determination; 30 and 101 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (b) publish a notice in a newspaper circulating generally throughout the State that the determination is proposed to be made and publish such a notice in a newspaper circulating generally in the 5 area that will be affected by the determination, being a notice inviting public comment by a set date; and (c) consider any comments made in response to notices under paragraph (a) 10 or (b) by the set date; and (d) consider any comments made by the panel appointed under sub-section (6); and (e) make any appropriate changes to the 15 determination that is proposed to be made. 33AS. Obligations for water share owners on cessation of ownership or occupation of land 20 (1) A person who owns a water share that is an associated water share must notify the Minister of any cessation of ownership or occupation of the land that is associated with the water share. 25 Penalty: 20 penalty units. (2) Sub-section (1) does not apply if the owner of the water share has obtained from the Minister, no later than 7 days after the cessation of the ownership or the occupation 30 of the land an advice that-- (a) the non water user limit for the relevant class of water share and for the associated water system has not been exceeded; and 35 102 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (b) that the cessation of ownership or occupation would not cause the non water user limit for the relevant class of water share to be exceeded. (3) A person who owns an associated water 5 share in respect of which notice has been given to the Minister under this section must, within 6 months of being so required by the Minister, either-- (a) transfer ownership of the water share to 10 another person, where the transferee will own the share as an associated water share; or (b) surrender the share to the Crown. Penalty: 60 penalty units. 15 (4) Sub-section (3) does not apply if within the period of 6 months the share is further determined by the Minister to be an associated water share. 33AT. Obligations on water share owners on 20 revocation or cancellation of water-use licence (1) If-- (a) the Minister has revoked or cancelled a water-use licence and the land specified 25 in the licence has been determined to be associated with a water share under Division 10; and (b) if the Minister is of the opinion that-- (i) the non water user limit is 30 exceeded for the class of water share to which the water share belongs; or 103 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (ii) would be so exceeded on the cancellation or revocation of the licence-- the Minister must give notice to the owner of the water share requiring the owner either-- 5 (c) to transfer ownership of the water share to another person, who will own the share as an associated water share; or (d) to surrender the share to the Crown. (2) A person must comply with a notice of the 10 Minister within 6 months of receiving the notice. Penalty: 60 penalty units. (3) Sub-sections (1)(c) and (d) and (2) do not apply if, within the period of 6 months from 15 receiving notice from the Minister, the share is further determined by the Minister to be an associated water share. 33AU. Obligations on water share owners on revocation or cancellation of water-use 20 registration (1) If-- (a) the Minister has revoked or cancelled a water-use registration and the land specified in the registration has been 25 determined to be associated with a water share under Division 10; and (b) the Minister is of the opinion that-- (i) the non water user limit is exceeded for the class of water 30 share to which the water share belongs; or 104 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (ii) would be so exceeded on the cancellation or revocation of the registration-- the Minister must give notice to the owner of the water share requiring the owner either-- 5 (c) to transfer ownership of the water share to another person, who will own the share as an associated water share; or (d) to surrender the share to the Crown. (2) A person must comply with a notice of the 10 Minister within 6 months of receiving the notice. Penalty: 60 penalty units. (3) Sub-sections (1)(c) and (d) and (2) do not apply if, within the period of 6 months from 15 receiving notice from the Minister, the share is further determined by the Minister to be an associated water share. Division 12--Miscellaneous Matters as to Water Shares 20 33AV. Transfer of water shares on death of owner On the death of the owner of the whole or a part of a water share-- (a) if the owner owns the whole of the 25 share the share forms part of the owner's estate; (b) if the owner owns part of the undivided whole of the water share as a joint tenant, the surviving joint owners 30 become joint owners of the part of the undivided whole as joint tenants; 105 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (c) if the owner owns part of the undivided whole of the water share as a tenant in common, that part of the undivided whole of the share forms part of the owner's estate. 5 33AW. Applications under this Part An application to the Minister under this Part-- (a) must be in the form and made in the manner approved by the Minister; and 10 (b) must be accompanied by the prescribed fee. 33AX. Application for Tribunal to review certain decisions of Minister as to water shares A person may apply to the Tribunal for a 15 review of a decision of the Minister to-- (a) refuse an application by the person for the issue of a water share; or (b) refuse an application by the person for the variation of a water share; or 20 (c) make a determination under section 33G; or (d) refuse to approve the transfer of ownership of a water share under section 33X(1)(a), unless the refusal is 25 under section 33X(2); or (e) refuse to approve a limited term transfer of a water share under section 33X(1)(b); or (f) refuse to approve a water allocation 30 assignment under section 33X(1)(c); or 106 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (g) refuse an application by the person to divide a water share or to consolidate two or more water shares; or (h) refuse an application by the person for the cancellation of a water share under 5 section 33AB; or (i) refuse an application under section 33AG or section 33AI. 33AY. Time for making application An application under section 33AX must be 10 made within 28 days of the later of-- (a) the day on which the decision is made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, 15 the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a 20 statement of reasons will not be given. Division 13--Rule Making Powers of Minister 33AZ. Rule making powers for water shares (1) The Minister may, by Order, published in the Government Gazette, set out rules-- 25 (a) with respect to adjustment of volumes to be applied to transfers, assignments and variations of water shares; and (b) as to the circumstances in which the consent of any Authority under this Act 30 will be required to transfers or assignments under this Part; and 107 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 41 (c) as to any matters relating to applications under this Part; and (d) as to the circumstances in which the Minister will give or refuse to give approvals under this Part; and 5 (e) as to the circumstances in which water shares will be consolidated or divided under this Part; and (f) as to the circumstances in which the Minister will make determinations 10 under Division 10 of this Part; and (g) as to any other matters the Minister is authorised to make rules for under this Part. (2) An Order under this section may be amended 15 or revoked in the same manner as that in which it is made.'. 42. Transfer of entitlements to irrigators In section 46A(1) of the Water Act 1989-- (a) in paragraph (b), for "51." substitute 20 "51; or"; (b) after paragraph (b) insert-- "(c) the owner of a water share.". 43. Conversion to bulk entitlements (1) Insert the following heading to section 47C of the 25 Water Act 1989-- "Conversion of licences, water shares or water rights to bulk entitlements". 108 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 43 (2) After section 47C(1) of the Water Act 1989 insert-- "(1A) An Authority may acquire, by transfer under section 33S, a water share for the purpose of conversion to a bulk entitlement held by the 5 Authority, in accordance with sub-section (10A).". (3) In section 47C(2) of the Water Act 1989, for "licences or water rights" substitute "licences, water shares or water rights". 10 (4) In section 47C(3) of the Water Act 1989, for "licences or water rights" substitute "licences, water shares or water rights". (5) After section 47C(10) of the Water Act 1989 insert-- 15 "(10A) If a water share is transferred to an Authority under section 33S, the Minister, on application by the Authority and in accordance with the terms and conditions set by the Minister under sub-section (8) may 20 either-- (a) if the Authority holds a bulk entitlement, by Order published in the Government Gazette, amend the entitlement to add the amount 25 determined as the maximum volume of the water share; or (b) by Order published in the Government Gazette, grant to the Authority a bulk entitlement for the amount determined 30 as the maximum volume of the water share.". 109 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 44 44. Sale of unallocated water For section 47D(5)(c) of the Water Act 1989 substitute-- "(c) in the case of-- (i) water in a non-declared water system, 5 issue a licence under section 51 to the purchaser; or (ii) water in a declared water system, issue a water share under Part 3A to the purchaser;". 10 45. Insertion of new section 47E After section 47D of the Water Act 1989 insert-- "47E. Rule making powers for bulk entitlements (1) The Minister may, by Order, published in the 15 Government Gazette, set out rules-- (a) with respect to adjustment of volumes to be applied to transfers (whether permanent or temporary) of bulk entitlements under this Division; and 20 (b) as to the circumstances in which the consent of any Authority under this Act will be required to any such transfers; and (c) as to any matters relating to 25 applications for such transfers; and (d) as to the circumstances in which the Minister will give or refuse to give approvals for such transfers; and (e) as to any other matters the Minister is 30 authorised to make rules for under this Division. 110 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 46 (2) An Order under this section may be amended or revoked in the same manner as that in which it is made.". 46. Take and use licences not to be issued in declared water systems 5 After section 51(1) of the Water Act 1989, insert-- "(1AA) An application may not be made under sub- section (1) in respect of a declared water system.". 10 47. Registration Licences (1) For section 51A(1) of the Water Act 1989 substitute-- "(1) The holder of a registration licence may, during the term of the licence, surrender the 15 licence to the Minister and apply, without payment of an application fee, for-- (a) the issue of a licence under section 51(1)(a) or (ba) in a non-declared water system; or 20 (b) the issue of a water share under Part 3A in a declared water system-- (as the case requires).". (2) In section 51A(3) of the Water Act 1989, after "section 51(1)(a) or (ba)," insert "or a water share 25 under Part 3A,". (3) In section 51A(4) of the Water Act 1989, after "section 51(1)(a) or (ba)" insert "or a water share under Part 3A, as the case requires,". 111 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 48 48. Licence renewals For section 58(5) of the Water Act 1989 substitute-- "(5) A licence under section 51(1) may be renewed for a period not exceeding 5 15 years.". 49. Transfers of licences Section 62(9) of the Water Act 1989 is repealed. 50. Offence to take and use water in non-declared water systems 10 In section 63(1) of the Water Act 1989, before "unless" insert "in a non-declared water system". 51. Insertion of new section 64AAA After section 64 of the Water Act 1989 insert-- "64AAA. Rule making powers for licences under 15 section 51 (1) The Minister may, by Order, published in the Government Gazette, set out rules-- (a) with respect to adjustment of volumes to be applied to transfers of licences 20 issued under section 51; and (b) as to the circumstances in which the consent of any Authority under this Act will be required to transfers of licences under section 51; and 25 (c) as to any matters relating to applications under section 62; and (d) as to the circumstances in which the Minister will give or refuse to give approvals under section 62; and 30 112 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 52 (e) as to any other matters the Minister is authorised to make rules for under this Division. (2) An Order under this section may be amended or revoked in the same manner as that in 5 which it is made.". 52. Insertion of Division 5 of Part 4 After Division 4 of Part 4 of the Water Act 1989 substitute-- "Division 5--Seasonal Determinations 10 64GA. Appointment of Authorities to be responsible for seasonal determinations The Minister may appoint an Authority to be responsible for making determinations in respect of a declared water system under 15 section 64GB. 64GB. Seasonal determinations by Authorities (1) If the Minister has appointed an Authority under section 64GA, the Authority must, for each water season for each declared water 20 system for which the Authority has been so appointed, determine, the water that is available in the water system for that season-- (a) for each class of water shares issued in 25 that system; and (b) for each bulk entitlement in that system; and (c) for each environmental entitlement in that system. 30 113 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 52 (2) A determination under sub-section (1) must be made before the commencement of the water season to which it relates. (3) An Authority that has made a determination under sub-section (1) may, from time to time 5 during the season, if the Authority is of the opinion that there is additional water available in the system, determine that additional water is available in the water system-- 10 (a) for each class of water shares issued in the system; and (b) for each bulk entitlement in the system; and (c) for each environmental entitlement in 15 the system. (4) An Authority must not make a determination under this section until the Authority has assessed the amount of water available in the system to be taken and the amount reserved 20 for the environment-- (a) in any case where a bulk entitlement applies to the system, by applying the rules specified for the purposes of any such determination in any Order 25 granting the bulk entitlement; or (b) in the case where a bulk entitlement does not apply to the system, by applying the rules specified for the purposes of any such determination in 30 the management plan, approved under section 32A, applying to the system. 114 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 52 (5) In making a determination under this section, the Authority may have regard to the state of the system in the part of the season to which the determination relates and the expected state of the system. 5 (6) A determination under this section must apply-- (a) to each water share in a class of water shares in the same proportion; and (b) to each bulk entitlement in the same 10 proportion; and (c) to each environmental entitlement in the same proportion-- subject to-- (d) any rules specified for the purposes of 15 any such determination in any Order granting any bulk entitlement in the system; or (e) any requirement, restriction or condition contained in a management 20 plan under section 32A in relation to the allocation of water; or (f) any condition that applies to the allocation of water under this section determined by the Minister. 25 (7) An Authority that has made a determination under this section must cause a notice of the determination to be published in a newspaper generally circulating in the area that is the subject of the determination or the area 30 served by the water system that is the subject of the determination. 115 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 53 (8) In the case of a determination under this section as to the amount of water available for water shares in a water system, the determination may be expressed as a per- centage of the maximum volume of water 5 that has been determined for each water share.". 53. Supply of interstate water After section 64H(4) of the Water Act 1989 insert-- 10 "(5) This section does not apply in a declared water system.". 54. Insertion of new Part 4B After Part 4A of the Water Act 1989 insert-- 'PART 4B--WATER-USE LICENCES AND 15 WATER USE REGISTRATIONS Division 1--Offences 64J. Offence to use water for certain purposes on land without licence (1) A person must not use water for irrigation on 20 land, or knowingly cause or permit water to be used for irrigation on land, being water that is authorised to be taken under Part 3A, unless the person does so under a water-use licence that authorises the use of water for 25 that purpose on that land. Penalty: For a first offence, 60 penalty units or imprisonment for 6 months; For a subsequent offence, 30 120 penalty units or imprisonment for 12 months. 116 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (2) A person must not use water on land or knowingly cause or permit water to be used on land for purposes other than the purpose of irrigation, being water that is authorised to be taken under Part 3A, unless the person 5 does so under a water-use registration that authorises the use of water for purposes other than irrigation on that land. Penalty: For a first offence, 20 penalty units; 10 For a subsequent offence, 60 penalty units. (3) This section does not apply to a person who is using water on land under any other authorisation to do so by or under this or any 15 other Act. 64K. Further offence for use of water in certain cases (1) A person must not use water that is authorised to be taken under a water share 20 under Part 3A on land specified in a water- use licence or water-use registration unless-- (a) the water share is, under that Part, associated with the land specified in that water-use licence or water-use 25 registration; or (b) the Minister has, in writing, approved the use of water on that land. Penalty: 60 penalty units. (2) For the purposes of sub-section (1), a person 30 may apply to the Minister for approval to the use of water on land. 117 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (3) An application under sub-section (2) must-- (a) be made in the form and manner approved by the Minister; and (b) contain the prescribed particulars; and (c) be accompanied by any prescribed 5 documents and information; and (d) be accompanied by the prescribed fee. (4) For the purposes of sub-section (1), the Minister may give approval, subject to any conditions that the Minister thinks fit. 10 (5) In giving an approval under sub-section (1), the Minister must have regard to any relevant rules made under Division 11. Division 2--Grant of Water-Use Licences 64L. Power to grant water-use licences 15 (1) The Minister, on receiving an application under this Division from an owner of land, may grant to that person a licence that authorises-- (a) the use of water (authorised to be taken 20 under Part 3A) for the purposes of irrigation on the land that is owned by that person and that is specified in the licence; and (b) the use of water (authorised to be taken 25 under Part 3A) on the land specified in the licence for any other purposes that are specified in the licence. 118 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (2) The Minister must set out in the licence-- (a) the name and address of the licence holder; and (b) a description of the land specified in the licence; and 5 (c) the conditions to which the licence is subject (including the annual use limit); and (d) the date on which the licence takes effect. 10 64M. Matters to be considered in granting water-use licences The Minister, in granting a water-use licence, must consider the following matters-- 15 (a) the impact the proposed use of water may have on other persons or the environment (in particular waterlogging, salinity and nutrient impacts); and 20 (b) whether or not the proposed use can meet standard water-use conditions that would apply to the licence, if granted; and (c) whether or not the proposed use is 25 consistent with the water use objectives that would apply to the licence, if granted; and (d) if the application has been referred to the Catchment Management Authority, 30 any comments received from that Authority, within 30 days of the application being referred to that Authority; and 119 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (e) any other matters the Minister considers relevant. 64N. Obligation not to grant licence in certain circumstances The Minister must not grant a water-use 5 licence if, after considering the matters set out in section 64M-- (a) the Minister is of the opinion that the standard water-use conditions that would apply to the licence, if granted, 10 cannot be complied with; or (b) the Minister is of the opinion that the granting of the licence would be inconsistent with the water-use objectives that would apply to the 15 licence, if granted; or (c) the Minister is of the opinion that there are no works or systems in place or likely to be installed in the near future for delivering water to the land that is 20 to be the land specified in the licence. 64O. Applications for water-use licences An owner of land may apply for a water-use licence to authorise the use of water on that land. 25 64P. Form of application An application for a water-use licence must-- (a) be in the form and made in the manner approved by the Minister; and 30 (b) contain the prescribed particulars; and 120 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (c) be accompanied by any prescribed documents or prescribed information or information or documents required by the Minister; and (d) be accompanied by the prescribed fee. 5 64Q. Referral of application On receiving an application for a water-use licence, if the Minister is of the opinion that the application does not meet the relevant standard water-use conditions, but may meet 10 the relevant water-use objectives, the Minister must refer the application to the Catchment Management Authority responsible for managing the catchment in which the land that is to be specified in the 15 licence is situated, without delay. 64R. Licence fees (1) The Minister may fix fees to be paid by licence holders for the provision of services by the Minister to the licence holders. 20 (2) A fee under sub-section (1) may apply at consecutive periods of twelve months while any water-use licences are in force. 64S. Change of ownership of specified land (1) In the case of a transfer of ownership of the 25 whole of the land specified in a water-use licence, the person to whom ownership is transferred is deemed to be the holder of the licence. (2) In the case of a transfer of ownership of part 30 only of the land specified in a water-use licence, the licence is to be taken to be cancelled on the day on which transfer of the ownership of the land takes place. 121 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 Division 3--Water-use Objectives for Licences 64T. Objectives as to water use (1) The Minister may determine, for the whole or any part of the State, objectives that are to apply in the administration of this Part. 5 (2) The Minister may make a determination under sub-section (1), either-- (a) of his or her own motion; or (b) on the recommendation of the Catchment Management Authority for 10 the catchment and land protection region in which the area to which the determination relates is situated. (3) The Minister must not make a determination of his or her own motion under this section 15 until the Minister has consulted with-- (a) any Catchment Management Authorities and water Authorities that have responsibilities in the part of the State to which the determination 20 relates; and (b) any bodies, that the Minister thinks fit to consult with, that represent persons whose interests are likely to be affected by the making of the determination. 25 64U. Matters that objectives may provide for Objectives determined under this Division may provide for minimising impacts of water use on other persons and the environment in the part of the State to which the objectives 30 apply, including the following-- (a) minimising salinity; (b) managing groundwater infiltration; 122 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (c) managing disposal of drainage; (d) protecting biodiversity; (e) minimising cumulative effects of water use. 64V. Recommendations by Catchment 5 Management Authorities (1) In making a recommendation under section 64T(2)(b), the Minister may request a Catchment Management Authority to give consideration to matters specified by the 10 Minister when making its recommendation under that sub-section. (2) Before making a recommendation under section 64T the Authority must-- (a) give notice of the proposal to make the 15 objectives to any other Authority or any holders of water-use licences whose interests the Authority considers are likely to be affected by the objectives; (b) consult with those persons or bodies 20 that the Authority considers represent the interests of persons who are likely to be affected by the recommendation and then prepare draft objectives and make the draft objectives available for 25 inspection by the public for at least 2 months after their preparation; (c) publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally 30 in the part of the State to which the proposal applies stating where and when the draft objectives can be inspected and inviting public comment by a set date; 35 123 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (d) comply with any other consultative processes required by directions given by the Minister; (e) consider any comments made by the set date. 5 (3) In making a recommendation under section 64T the Authority must have regard to any comments made under sub- section (2). 64W. Revoking or amending determinations as 10 to objectives (1) The Minister may make a determination amending or revoking a determination made under section 64T, either-- (a) of his or her own motion; or 15 (b) on the recommendation of the Catchment Management Authority. (2) In making a recommendation under sub- section (1)(b) as to an amending determination, the Catchment Management 20 Authority may recommend all or any of the water use objectives that are to be included in the amending determination. (3) Sections 64T(3) and 64V apply to the making of a determination or 25 recommendation under this section in the same manner as they apply to the making of a determination or recommendation under section 64T. 124 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 64X. Notification and effect of determinations as to objectives A determination under this Division-- (a) must specify the day on which it comes into force; and 5 (b) must be published in a newspaper circulating generally throughout the State and in a newspaper circulating generally in the part of the State to which the objectives apply. 10 Division 4--Standard Water-use Conditions for Licences 64Y. Standard water-use conditions (1) The Minister may determine for the whole or any part of the State, conditions that are to 15 apply to all water-use licences, or to all water-use licences of a particular class, that specify land that is in the area to which the determination relates. (2) The Minister may make a determination 20 under sub-section (1), either-- (a) of his or her own motion; or (b) on the recommendation of the Catchment Management Authority for the catchment and land protection 25 region in which the area to which the determination relates is situated. (3) The Minister must not make a determination of his or her own motion under this section until the Minister has consulted with-- 30 125 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (a) any Catchment Management Authorities and water Authorities that have responsibilities in the area to which the determination relates; and (b) any bodies, that the Minister thinks fit 5 to consult with, that represent persons whose interests are likely to be affected by the making of the determination. 64Z. General provisions applying to standard water-use conditions 10 (1) Conditions determined by the Minister under this Division may vary according to the nature of all or any of the following-- (a) the use of water under licences; (b) the water that is to be used under 15 licences; (c) the way water is applied under licences; (d) any other relevant matter. (2) Conditions determined by the Minister under this Division must be consistent with water- 20 use objectives that apply to the part of the State to which the conditions apply. (3) Conditions determined by the Minister under this Division may include conditions as to all or any of the following matters-- 25 (a) maximum volumes of water per hectare that may be applied to land specified in licences over any 12 month period; (b) requirements to minimize impacts of the use of water on other persons or on 30 the environment; (c) the way that water is used and re-used on land specified in licences; 126 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (d) drainage from land specified in licences; (e) monitoring and reporting requirements of licence holders; (f) any other matter that the Minister 5 thinks fit. 64AA. Recommendations by Catchment Management Authorities (1) In making a recommendation under section 64Y(2)(b), the Minister may request a 10 Catchment Management Authority to give consideration to matters specified by the Minister when making its recommendation under that sub-section. (2) Before making a recommendation under 15 section 64Y(2)(b) the Authority must-- (a) give notice of the proposal to make the conditions to any other Authority or any holders of water-use licences whose interests the Authority considers 20 are likely to be affected by the conditions; (b) make the draft conditions available for inspection by the public for at least 2 months after their preparation; 25 (c) publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally in the region which will be affected by the proposal to make the conditions 30 stating where and when the draft conditions can be inspected and inviting public comment by a set date; 127 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (d) consult with those persons or bodies that the Authority considers represent the interests of persons who are likely to be affected by the recommendation and comply with any other consultative 5 processes required by directions given by the Minister; (e) consider any comments made by the set date. (3) In making a recommendation under section 10 64Y(2)(b) the Authority must have regard to any comments made under sub-section (2). 64AB. Revoking or amending determinations as to standard water-use conditions (1) The Minister may make a determination 15 amending or revoking a determination made under section 64Y, either-- (a) of his or her own motion; or (b) on the recommendation of the Catchment Management Authority. 20 (2) In making a recommendation under sub- section (1)(b) as to an amending determination, the Catchment Management Authority may recommend all or any of the water-use conditions that are to be included 25 in the amending determination. (3) Sections 64Y(3) and 64AA apply to the making of a determination or recommendation under this section in the same manner as they apply to the making of 30 a determination or recommendation under section 64Y. 128 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 64AC. Notification and effect of determinations as to standard water-use conditions (1) A determination under this Division-- (a) must specify the day on which it comes into force; and 5 (b) must be published in a newspaper circulating generally throughout the State and in a newspaper circulating generally in the region to which the determination relates. 10 (2) The conditions determined under this Division apply to any water-use licence that specifies land that is in the area to which the determination applies. (3) On the making of a determination under this 15 Division, the Minister must notify all the holders of water-use licences to which the determination applies of the making of the determination and of the conditions set out in the determination. 20 (4) A failure to comply with sub-section (3) does not affect the validity of a determination made under this Division. Division 5--Particular Conditions on Licences 64AD. Particular conditions on water-use 25 licences The Minister may impose any particular conditions on a water-use licence that the Minister thinks fit as to the following matters-- 30 129 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (a) the meeting of water-use objectives that apply in the area in which the land that is specified in the licence is situated; and (b) specifying the annual use limit on the 5 licence. Division 6--Further Provisions as to Conditions on Licences 64AE. Effect of inconsistency between standard water-use conditions and other conditions 10 on licences (1) If a water-use licence is subject to a standard water-use condition at the time a particular condition is imposed on the licence, being a standard water-use condition that is 15 inconsistent with the particular condition, the standard water-use condition is void (on and from the imposition of the particular condition) to the extent of that inconsistency. (2) If a water-use licence becomes subject to a 20 standard water-use condition after a particular condition has been imposed on a water-use licence, being a standard water-use condition that is inconsistent with the particular condition, the particular condition 25 is void (on and from the commencement of the application of the standard water-use condition to the licence) to the extent of that inconsistency. (3) In this section "particular condition" 30 means a condition that is imposed under Division 5 on a water-use licence. 130 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 64AF. Offence to fail to comply with licence condition The holder of a water-use licence must comply with the conditions imposed on the licence in accordance with Division 4 or 5 Division 5 to the extent that the conditions are not void under section 64AE. Penalty: 60 penalty units. Division 7--Variations of Licences 64AG. Variation of water-use licences on motion 10 of Minister (1) The Minister, on the Minister's own motion, may vary a water-use licence by imposing a new condition on the licence or by amending an existing condition on the licence. 15 (2) The Minister must not vary a condition on a licence or impose a new condition on a licence under sub-section (1) unless the Minister is satisfied that the variation or new condition (as the case requires) is consistent 20 with the water-use objectives that apply to the licence. (3) Before making a variation under this section, the Minister must-- (a) notify the holder of the licence as to-- 25 (i) the nature of the proposal to vary the licence; and (ii) the rights the holder of the licence has under this section to make submissions on the proposal; and 30 (b) allow the holder an opportunity to make written submissions on the proposal to vary the licence. 131 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (4) Submissions under sub-section (3) must be made within 2 months of the giving of the notice. (5) In deciding whether or not to make a variation under this section, the Minister 5 must-- (a) have regard to submissions made under sub-section (3) within the period for the making of submissions; and (b) notify the holder of the licence of the 10 Minister's decision. (6) A variation under this section has effect from the later of-- (a) the date that the notice under sub- section (5) is served; or 15 (b) the date that is specified by the Minister in that notice. 64AH. Variation of water-use licence on application of licence holder (1) The Minister may, on the application of the 20 holder of a water-use licence, vary or revoke a condition on the licence. (2) The holder of a licence may apply to the Minister for a variation of a licence under sub-section (1). 25 (3) Where there is a joint application under this section for the variation of two water-use licences by the holders of the licences, being an application where-- (a) the holder of one licence is applying to 30 reduce the annual use limit for the licence held by that person; and 132 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (b) the holder of the other licence is applying to increase the annual use limit for the licence held by that person; and (c) the application is made under an 5 agreement between both parties-- the Minister must approve the applications if the Minister is satisfied that the salinity impacts of the proposed reduction and increase will not have an adverse impact on 10 other persons or the environment. 64AI. Form of applications for variation (1) An application under this Division must-- (a) be in a form approved by the Minister; and 15 (b) contain any prescribed particulars; and (c) be accompanied by any prescribed document or prescribed information; and (d) be accompanied by the prescribed fee. 20 (2) The powers of the Minister in relation to applications for licences apply in respect of an application for variation of a licence under this Division as if it were an application for a water-use licence. 25 (3) The Minister must notify an applicant under this section of his or her decision on the application. 133 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 Division 8--Suspension, Revocation, Cancellation and Other Powers for Licences 64AJ. Suspension of water-use licence (1) The Minister may suspend a water-use licence if the Minister reasonably believes 5 that-- (a) there has been a failure to comply with a condition to which the licence is subject; or (b) there has been a failure to comply with 10 a notice of contravention under section 151 that relates to the licence; or (c) the holder of the licence has not paid a fee payable in respect of the licence or 15 any charge payable under section 287A. (2) Before suspending a licence under this section, the Minister must-- (a) notify the holder of the licence as to-- (i) the reason for proposing to 20 suspend the licence; and (ii) the rights the holder of the licence has under this section to make submissions on the proposal; and (iii) the terms on which the suspension 25 will be lifted; and (b) allow the holder an opportunity to make written submissions on the proposal to suspend the licence; and 134 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (c) notify any person who has a registered mortgage (under the Transfer of Land Act 1958) over the land specified in the licence of the proposed suspension of the licence. 5 (3) Submissions under sub-section (2)(b) must be made within 2 months of the giving of the notice. (4) In deciding whether or not to suspend a licence under this section, the Minister must 10 have regard to submissions made under sub- section (2)(b) within the period for the making of submissions. (5) The Minister must not suspend the licence on the ground of the failure to pay-- 15 (a) a fee payable in respect of the licence; or (b) a charge payable under section 287A-- if the fee has been paid within the period allowed under sub-section (3) for the making 20 of submissions. (6) On making a decision as to whether or not to suspend a licence under this section, the Minister must notify the holder of the licence of that decision. 25 (7) A suspension under this section remains in force until the Minister, in writing, notifies the holder of the licence that it is no longer in force. 135 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 64AK. Revocation of water-use licence (1) The Minister may revoke a water-use licence if the Minister reasonably believes that-- (a) in the case of the holder of a water-use licence who has been found guilty of a 5 failure to comply with a condition of the licence, that person has continued after that finding of guilt to fail to comply with that condition; or (b) in the case of a licence that is or has 10 been suspended, water has been used during the suspension on the land specified in the licence for a purpose for which a water-use licence would be required; or 15 (c) in the case of a licence that has been suspended, the holder of the licence has, within 3 years of the completion of the period of suspension, failed to comply with a condition of the licence. 20 (2) Before revoking a licence under this section, the Minister must-- (a) notify the holder of the licence as to-- (i) the reason for proposing to revoke the licence; and 25 (ii) the rights the holder of the licence has under this section to make submissions on the proposal; and (b) allow the holder an opportunity to make written submissions on the proposal to 30 revoke the licence; and 136 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (c) notify any person who has a registered mortgage (under the Transfer of Land Act 1958) over the land specified in the licence of the proposed revocation of the licence. 5 (3) Submissions under sub-section (2) must be made within 2 months of the giving of the notice. (4) In deciding whether or not to revoke a licence under this section, the Minister must 10 have regard to submissions made under sub- section (2) within the period for the making of submissions. (5) On making a decision as to whether or not to revoke a licence under this section, the 15 Minister must notify the holder of the licence of that decision. 64AL. Cancellation of water-use licence on motion of the Minister (1) The Minister may cancel a water-use licence 20 if the Minister reasonably believes that water has not been used on the land specified in the licence for the purposes for which use of water is authorised under the licence for the immediately preceding period of 10 years. 25 (2) Before cancelling a licence under this section, the Minister must-- (a) notify the holder of the licence as to-- (i) the reason for proposing to cancel the licence; and 30 (ii) the rights the holder of the licence has under this section to make submissions on the proposal; and 137 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (b) allow the holder an opportunity to make written submissions on whether or not water has been used on the land in the preceding 10 years; and (c) notify any person who has a registered 5 mortgage (under the Transfer of Land Act 1958) over the land specified in the licence of the proposed cancellation of the licence. (3) Submissions under sub-section (2)(b) must 10 be made within 2 months of the giving of the notice. (4) In deciding whether or not to cancel a licence under this section, the Minister must have regard to submissions made under sub- 15 section (2)(b) within the period for the making of submissions. (5) On making a decision as to whether or not to cancel a licence under this section, the Minister must notify the holder of the licence 20 of that decision. 64AM. Other powers to cancel water-use licences (1) The holder of a water-use licence may apply to the Minister for the cancellation of the licence. 25 (2) On receiving an application made by a licence holder under sub-section (1), the Minister must cancel the licence. (3) At least 30 days before cancelling a licence under sub-section (2), the Minister must 30 notify any person who holds a registered mortgage (under the Transfer of Land Act 1958) over the land specified in the licence of the proposal to cancel the licence. 138 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 64AN. Application for review of Minister's decisions as to licences (1) A person may apply to the Tribunal for a review of a decision of the Minister to refuse an application by the person for a water-use 5 licence. (2) The holder of a water-use licence may apply for a review of a decision of the Minister-- (a) on an application by the holder of the licence to vary the licence; or 10 (b) on the Minister's own motion, to vary the licence; or (c) to suspend the licence; or (d) to revoke the licence; or (e) on the Minister's own motion, to cancel 15 the licence; or (f) to impose conditions (other than standard water-use conditions) on the licence. 64AO. Time period for making an application for 20 review An application for review under section 64AN must be made within 28 days of the later of-- (a) the day on which the decision is made; 25 or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on 30 which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. 139 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 Division 9--Registration of Water Uses 64AP. Power to register water uses The Minister, on receiving an application under this Division from an owner of land, may grant to that person a registration that 5 authorises the use of water (authorised to be taken under Part 3A) for purposes other than the purpose of irrigation on the land owned by the person that is specified in the registration. 10 64AQ. Matters to which a Minister must have regard in registering use The Minister must grant a water-use registration if the Minister is reasonably satisfied that-- 15 (a) there are works or systems in place or likely to be installed in the near future for delivering water to the land; and (b) the use of water for the purpose set out in the application is not prohibited by 20 or under an Act; and (c) the maximum volume of water proposed in the application is reasonable for use for the purpose set out in the application. 25 64AR. Applications for water-use registrations (1) An owner of land may apply for a water-use registration to authorise the use of water for purposes other than irrigation on that land. 140 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (2) An application for a water use registration must-- (a) be in the form and made in the manner approved by the Minister; and (b) contain any prescribed particulars; and 5 (c) be accompanied by any documents or information required by the Minister; and (d) be accompanied by the prescribed fee. 64AS. Change of ownership of land specified in 10 registration (1) In the case of a transfer of ownership of the whole of the land specified in a water-use registration, the person to whom ownership is transferred is deemed to be the holder of 15 the registration. (2) In the case of a transfer of ownership of part only of the land specified in a water-use registration, the registration is to be taken to be cancelled on the day on which transfer of 20 the ownership of the land takes place. 64AT. Condition on water-use registrations as to annual use limit The Minister may impose a condition on a water-use registration specifying the annual 25 use limit for the registration. 141 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 Division 10--Variation, Cancellation and Other Powers as to Registration 64AU. Variation of water-use registrations on application (1) The Minister may, on the application of the 5 holder of a water use registration, vary the terms of the water-use registration. (2) The holder of a water use registration may apply to the Minister for a variation under sub-section (1). 10 (3) An application under sub-section (2) must-- (a) be in a form approved by the Minister; and (b) contain any prescribed particulars; and (c) be accompanied by any prescribed 15 document or prescribed information; and (d) be accompanied by the prescribed fee. (4) The powers of the Minister in relation to applications for water-use registrations apply 20 in respect of an application under this section as if it were an application for a water-use registration. (5) The Minister must notify an applicant under this section of his or her decision on the 25 application. 142 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 64AV. Cancellation of water-use registration on motion of the Minister (1) The Minister may cancel a water-use registration if the Minister reasonably believes that water has not been used on the 5 land specified in the registration for the purposes for which use of water is authorised by the registration for the preceding period of 10 years. (2) Before cancelling a water-use registration 10 under this section, the Minister must-- (a) notify the holder of the water use registration as to-- (i) the reason for proposing to cancel the registration; and 15 (ii) the rights the holder of the water use registration has under this section to make submissions on the proposal; and (b) allow the holder an opportunity to make 20 written submissions on whether or not water has been used on the land in the preceding 10 years. (3) Submissions under sub-section (2)(b) must be made within 2 months of the giving of the 25 notice. (4) In deciding whether or not to cancel a registration under this section, the Minister must have regard to submissions made under sub-section (2)(b) within the period for the 30 making of submissions. 143 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 (5) On making a decision as to whether or not to cancel a registration under this section, the Minister must notify the holder of the water use registration of that decision. 64AW. Other powers to cancel water-use 5 registrations (1) The holder of the water use registration may apply to the Minister for the cancellation of the registration. (2) On receiving an application made by the 10 holder of a water use registration under sub- section (1), the Minister must cancel the registration. 64AX. Application for review of Minister's decisions as to registrations 15 (1) A person may apply to the Tribunal for a review of a decision of the Minister to refuse an application by the person for a water-use registration. (2) The holder of a water use registration may 20 apply for a review of a decision of the Minister-- (a) to vary the registration; or (b) on the Minister's own motion, to cancel the registration; or 25 (c) to impose conditions on the registration. 144 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 54 64AY. Time period for making an application for review An application for review under section 64AX must be made within 28 days of the later of-- 5 (a) the day on which the decision is made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of 10 reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. 15 Division 11--Rule Making Powers of Minister 64AZ. Rule making powers for water-use licences and water-use registrations (1) The Minister may, by Order, published in the Government Gazette, set out rules-- 20 (a) as to the circumstances in which the Minister will give consents under this Part; (b) as to any other matters the Minister is authorised to make rules for under this 25 Part. (2) An Order under this section may be amended or revoked in the same manner as that in which it is made.'. 145 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 55 55. Insertion of new section 73A After section 73 of the Water Act 1989 insert-- "73A. Amendment of conditions on works licences (1) The Minister may, on application by the 5 holder of a licence under section 67, amend a condition on the licence that-- (a) authorises works for the extraction of water in a declared water system; and (b) that relates to a bore or works for 10 extracting water from waterways-- to vary the maximum amounts of water that may be taken in particular periods or circumstances. (2) The powers of the Minister in relation to 15 applications for licences under section 67 apply in respect of an application under this section as if it were an application for a licence under section 67. (3) An application under this section must-- 20 (a) be in the form approved by the Minister; and (b) contain any prescribed particulars; and (c) be accompanied by any prescribed document or prescribed information; 25 and (d) be accompanied by the prescribed fee.". 146 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 56 56. Insertion of new section 74AA After section 74A of the Water Act 1989 insert-- "74AA. Licence fees for works licences (1) The Minister may, in the case of licences 5 under section 67 that-- (a) authorise works for the extraction of water in a declared water system; and (b) relates to a bore or works for extracting water from waterways-- 10 charge fees for the provision of services in respect of those licences by the Minister to the licence holders. (2) A fee under sub-section (1) may apply at consecutive periods of twelve months while 15 any licences under section 67 are in force. (3) This section applies to licences under section 67 whether or not issued before the coming into operation of section 56 of the Water (Resource Management) Act 20 2005.". 57. Insertion of new Part 5A After Part 5 of the Water Act 1989 insert-- "PART 5A--VICTORIAN WATER REGISTER Division 1--Victorian Water Register 25 84A. Object of Part The object of this Part is to provide for a Victorian water register, being records and information kept by various recording bodies relating to water-related entitlements in 30 147 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 Victoria, together with a centralised system for those records and information. 84B. Purpose of water register The purpose of the water register is to facilitate the responsible, transparent and 5 sustainable use of the State's water resources and includes-- (a) facilitating the monitoring of, and reporting in relation to, records and information about water-related 10 entitlements and allocation and use of water resources; and (b) facilitating a market for water-related entitlements and water resources by providing publicly available records 15 and information and other records and information about ownership and use of water-related entitlements. 84C. Responsibilities for water register (1) The Registrar is responsible for-- 20 (a) establishing and maintaining the system for the water register in which is kept records and information relating to water share records and the records and information referred to in sub- 25 sections (2) and (3); and (b) establishing and maintaining records and information in the water register relating to water shares. (2) The Minister is responsible for establishing 30 and maintaining records and information in the water register relating to-- (a) water-use licences; and (b) water-use registrations; and 148 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (c) bulk entitlements; and (d) environmental entitlements; and (e) the recording of amounts of water that are to be allocated to each water share under section 33AC; and 5 (f) works licences under section 67(1) where the licence relates to a declared water system. (3) An Authority is responsible for establishing and maintaining records and information in 10 the water register relating to-- (a) services delivered by that Authority under section 222(1); and (b) the recording of any water allocation assignment and any consumption of 15 allocated water in a water system for which that Authority is responsible for supplying water. 84D. Form and manner of keeping water register 20 (1) Subject to any regulations made under this Act, the Registrar may establish and maintain the system for the water register in any form and manner the Registrar thinks fit. (2) For the purposes of ensuring the integrity, 25 efficiency and viability of the water register and consistency and compatibility-- (a) the Registrar must consult with the other recording bodies in relation to the form and manner of establishing, 30 maintaining and altering the system of the water register, including, but not limited to, the form and manner of the recording of information and keeping records and the processes involved; and 35 149 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (b) each recording body must consult with the other recording bodies in relation to the form and manner of establishing and maintaining the water register, including, but not limited to, the 5 recording of information and keeping records and the processes involved. 84E. Disclosure of information (1) The Registrar must ensure that all records and information for which the Registrar is 10 responsible which are necessary to enable-- (a) an Authority to carry out its functions under this Act; or (b) the Minister to carry out the Minister's functions under this Act-- 15 are disclosed to the Authority or Minister, as the case requires, for those purposes. (2) An Authority must ensure that all records and information for which it is responsible which are necessary to enable-- 20 (a) the Registrar-- (i) to establish and maintain the system of the water register; and (ii) to carry out the Registrar's functions under this Act; or 25 (b) another Authority to carry out its functions under this Act; or (c) the Minister to carry out the Minister's functions under this Act-- are disclosed to the Registrar, Authority or 30 Minister, as the case requires, for those purposes. 150 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (3) The Minister must ensure that all records and information for which the Minister is responsible which are necessary to enable-- (a) the Registrar-- (i) to establish and maintain the 5 system of the water register; and (ii) to carry out the Registrar's functions under this Act; or (b) an Authority to carry out its functions under this Act-- 10 are disclosed to the Registrar or Authority as the case requires, for those purposes. (4) A recording body is authorised to collect and use information disclosed under this section for the purposes of carrying out its functions 15 under this Act. Division 2--Registrar 84F. Employment of Registrar and staff (1) A Registrar of the water register must be employed under Part 3 of the Public 20 Administration Act 2004 for the purposes of this Act. (2) Any other employees that are necessary for the purposes of this Part may be employed under the Public Administration Act 2004. 25 84G. Registrar's functions (1) The Registrar's functions are-- (a) to establish and maintain the system for the water register and ensure the system's integrity, efficiency, viability, 30 compatibility and consistency; and 151 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (b) to administer records and information in the water register relating to water shares; and (c) to provide information from the records and information in the water register 5 relating to water shares in accordance with this Act; and (d) to consult with other recording bodies about matters relating to the form and operation of the system of the water 10 register and the maintaining of records and information, including alterations, in the water register; and (e) to train persons responsible for maintaining records and information in 15 the water register relating to water shares; and (f) to create, or enable the creation of, reports derived from records and information in the water register, 20 including reports created in accordance with the direction of the Minister; and (g) to keep records of prior transactions in relation to water shares; and (h) any other functions conferred on the 25 Registrar by this Act. (2) The Minister may direct that a report created under sub-section (1)(f) is to be available to the public, if the report does not include the names and addresses of individuals. 30 152 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 84H. Delegation (1) The Registrar, by instrument, may delegate any of the Registrar's powers under this Act other than this power of delegation, to-- (a) a person employed under Part 3 of the 5 Public Administration Act 2004; (b) an Authority. (2) A delegation under sub-section (1) may be subject to any conditions which the Registrar considers appropriate. 10 Division 3--Recordings of Water Shares by the Registrar 84I. What is recorded in the water register about water shares? The Registrar must ensure that the following 15 details are recorded in the water register in relation to a water share-- (a) the name and address of-- (i) the owner of the share; and (ii) any other party with a recording 20 with respect to the share; and (b) any other matter that is required to be recorded in respect of a water share by or under this Act; and (c) a description of the water system from 25 which the share is issued; and (d) the share of water available from the water system under that share, which must be expressed as a maximum volume over a specified period; and 30 (e) the class of reliability of the water share; and 153 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (f) if the share is associated with land specified in a water-use licence or water-use registration, the identifying details of the land and the water-use licence or water-use registration; and 5 (g) the Authority responsible for imposing fees under Division 5 of Part 3A in relation to the water share; and (h) any other information that the Minister considers necessary; and 10 (i) any other prescribed matters. 84J. Recording of transfers (1) If-- (a) a transfer of ownership of a water share under section 33S occurs; or 15 (b) a limited term transfer occurs-- a person may lodge with the Registrar a document for the recording of the transfer to be made in the water register in respect of that share. 20 (2) A document lodged under sub-section (1) must be in the appropriate approved form. (3) The Registrar must not record a transfer of ownership of a water share under section 33S or a limited term transfer unless the Registrar 25 is satisfied that the Minister has approved the transfer. (4) If a recording is made of a limited term transfer and the rights under that limited term transfer are transferred back to the owner of 30 the water share or surrendered before the expiry of the limited term, the water share ceases to be subject to the limited term transfer. 154 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 84K. Recording of legal personal representatives (1) The legal personal representative of a deceased owner of a water share may lodge with the Registrar a document for the 5 recording of the transmission to the legal personal representative to be made in the water register in respect of that water share. (2) A document lodged under sub-section (1) must be in the approved form. 10 (3) On being satisfied as to the legal personal representative's authority to be recorded under this section, the Registrar may make a recording of-- (a) the appointment of that legal personal 15 representative; and (b) the date of death of the owner of the water share. (4) On the making of a recording under this section-- 20 (a) the legal personal representative becomes the owner of the water share in respect of the interest of the deceased owner of the water share; and (b) the legal personal representative holds 25 the water share subject to all equities on which the deceased owner held it, but for the purpose of any dealing with the water share under this Act, is the owner of the water share; and 30 155 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (c) the title of a legal personal representative as owner of the water share relates back to, and is deemed to have arisen on, the death of the owner of the water share as if there has been 5 no interval of time between the death and the recording. 84L. Recording of survivor of joint owners of water share (1) Subject to this Act, on the death of a person 10 recorded with any other person as joint owners of any water share in the water register, the survivor may lodge a document with the Registrar for a recording of the transmission to the survivor to be made in 15 the water register in respect of that water share. (2) A document lodged under sub-section (1) must be in the approved form. (3) On being satisfied as to proof of the death of 20 a joint owner of a water share-- (a) the Registrar may make a recording of the transmission by survivorship; and (b) the survivor becomes the owner of the water share in respect of the interest of 25 the deceased owner of the water share. 84M. Recording of trustee of bankrupt (1) The trustee in bankruptcy of an owner of a water share may lodge with the Registrar a document for a recording of the transmission 30 to the trustee in bankruptcy to be made in the water register in respect of that water share. (2) A document lodged under sub-section (1) must be in the approved form. 156 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (3) On being satisfied as to the trustee in bankruptcy's authority to be recorded under this section, the Registrar may make a recording of the appointment of that trustee in bankruptcy. 5 (4) On the making of a recording under this section-- (a) the trustee in bankruptcy becomes the owner of the water share in respect of the interest of the owner of the water 10 share; and (b) the trustee in bankruptcy holds the water share subject to all equities on which the owner held it, but for the purpose of any dealing with the water 15 share under this Act, is the owner of the water share. (5) Unless prior to a bankrupt owner of a water share dealing with the water share, the trustee in bankruptcy has applied to be 20 recorded under this section, any dealings by the bankrupt owner with a person dealing bona fide and for value with that owner is not to be affected by any order of sequestration. 25 (6) This section is subject to any law of the Commonwealth of Australia relating to bankruptcy. 84N. Recording of mortgages Schedule 12A has effect. 30 84O. Electronic lodgement system Schedule 12B has effect. 157 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 84P. Recording and incorporation of common provisions (1) A person may lodge with the Registrar a memorandum in the approved form containing one or more provisions which are 5 intended for inclusion in documents to be subsequently lodged for recording in the part of the water register for which the Registrar is responsible. (2) The Registrar may retain a memorandum 10 lodged under sub-section (1). (3) The Registrar may prepare and retain a memorandum containing any provisions which seem appropriate for inclusion in documents to be subsequently lodged for 15 recording in the part of the water register for which the Registrar is responsible. (4) A memorandum retained by the Registrar under this section is to be deemed to be part of the water register relating to water shares. 20 (5) A document lodged with the Registrar for the making of a recording in the water register in relation to a water share may incorporate a provision in a memorandum retained by the Registrar under this section by reference to 25 the provision in a way sufficient to clearly identify it. 84Q. Priority of recordings (1) For the purposes of determining the priority of recordings in relation to water shares, the 30 Registrar must ensure that the time and date of lodgement of any document for the making of a recording in the water register is recorded. 158 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (2) The priority of documents lodged for the making of a recording in relation to a water share as between themselves is according to the time and date of lodgement. (3) A recording takes effect at the date the 5 recording is made. Division 4--Recordings by the Minister 84R. What is recorded in the water register about water-use licences? The Minister must ensure that the following 10 details are recorded in the water register in relation to a water-use licence-- (a) the name and address of the holder of the licence; and (b) a description of the land specified in the 15 licence; and (c) the conditions to which the licence is subject; and (d) the annual use limit; and (e) any other information that the Minister 20 considers necessary; and (f) any other prescribed matters. 84S. What is recorded in the water register about water-use registration? The Minister must ensure that the following 25 details are recorded in the water register in relation to a water-use registration-- (a) the name and address of the holder of the water use registration; and (b) a description of the land specified in the 30 water-use registration; and 159 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (c) the purpose for which water may be used on the land under the water-use registration; and (d) the annual use limit; and (e) any other information that the Minister 5 considers necessary; and (f) any other prescribed matters. 84T. What is recorded in the water register about bulk entitlements? The Minister must ensure that bulk 10 entitlements are recorded in the water register including-- (a) the name of the person who holds the bulk entitlement; and (b) any other information that the Minister 15 considers necessary; and (c) any other prescribed matters. 84U. What is recorded in the water register about environmental entitlements? The Minister must ensure that environmental 20 entitlements are recorded in the water register including-- (a) any information that the Minister considers necessary; and (b) any prescribed matters. 25 84V. What is recorded in the water register about works licences? The Minister must ensure that the following details are recorded in the water register in relation to a works licence under section 30 67(1) which relates to a declared water system-- 160 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (a) the name and address of the holder of the licence; and (b) a description of the land specified in the licence; and (c) a description of the works; and 5 (d) the conditions to which the licence is subject; and (e) the period specified in the licence; and (f) any other information that the Minister considers necessary; and 10 (g) any other prescribed matters. Division 5--Recordings by Authorities 84W. What must an Authority record in the part of the water register for which it is responsible? 15 An Authority must record and maintain the following records and information-- (a) in relation to services delivered by that Authority under section 222(1)-- (i) the name and address of the owner 20 of each serviced property within the irrigation district; and (ii) in relation to each serviced property in the irrigation district-- (A) the volumes at which and the 25 periods for which the Authority determines under section 223 that water is to be delivered for irrigation to the property; and 30 161 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (B) any other terms and conditions that apply to the property; and (b) any water allocation assignment and any consumption of allocated water in a 5 water system for which that Authority is responsible for supplying water; and (c) any other information that the Authority considers necessary; and (d) any other prescribed matters; and 10 (e) any other information that the Minister considers necessary to be recorded in the part of the water register for which an Authority is responsible. Division 6--Searching Information in the 15 Water Register 84X. What information is available from the water register? (1) Subject to this Division, the following records and information in the water register 20 are publicly available-- (a) records and information in the water register referred to in sections 84I, 84R, 84S, 84T, 84U, 84V and 84W (except for any records or information referred 25 to in section 84W(b)); and (b) prescribed records or information. (2) Information available under sub-section (1)(a) does not include the address of any person. 30 162 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (3) For a prescribed purpose, a prescribed person or prescribed class of person may search the water register for prescribed information or records or prescribed classes of information or records, whether or not that prescribed 5 information or those prescribed records are information or records referred to in sub- section (1). (4) Despite sub-section (1) and (3), the regulations may prescribe records or 10 information or classes of records or information which are not publicly available. 84Y. Suppression of certain personal records and information (1) A person whose personal information is held 15 in the water register may apply to a recording body to restrict public access to some or all of that personal information. (2) If a recording body is satisfied that exceptional circumstances exist justifying 20 the restriction of public access to that person's personal information, the recording body may restrict public access to some or all of that personal information. (3) The restriction of public access under sub- 25 section (2) may be for the period and on the conditions that the recording body thinks fit. (4) If a recording body is satisfied that it is in the public interest that personal information restricted under this section be released to a 30 person who applies for it, the recording body may release some or all of the information to the person on any condition that the recording body thinks fit. 163 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (5) If a recording body decides to release restricted personal information under sub- section (4), the recording body must give written notice of the decision to the person whose restricted personal information is to 5 be released. (6) A recording body must not release restricted personal information under this section until 28 days after giving written notice of the decision to release the information to the 10 person whose restricted personal information is to be released. 84Z. Rights of review (1) A person whose interests are affected by a decision of a recording body under 15 section 84Y may apply to VCAT for review of the decision. (2) An application for review under sub-section (1) must be lodged with VCAT within 28 days after-- 20 (a) notice of the decision was given; or (b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, 25 the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. 30 164 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 84ZA. Searching the water register (1) A person may apply to a recording body for information or records from the part of the water register for which that body is responsible. 5 (2) An application under this section must be accompanied by-- (a) in the case of an application to the Registrar or the Minister, the relevant prescribed fee (if any); or 10 (b) in the case of an application to an Authority, the relevant fee (if any) fixed by the Authority. (3) On receiving an application under this section, a recording body may search the part 15 of the water register for which it is responsible and provide the information or records to the applicant in any manner permitted by the system. (4) A recording body may provide information 20 or records under this section in relation to-- (a) current information or records in the water register maintained by a recording body; (b) other non-current information or 25 records in the water register maintained by a recording body; (c) documents or images of documents in the water register maintained by a recording body; 30 165 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (d) any other prescribed information or records in the water register maintained by a recording body; (e) a combination of the matters referred to in paragraphs (a) to (d). 5 Division 7--Corrections and Amendment of Water Register 84ZB. Correction and amendment of water register (1) A recording body, if satisfied that it is 10 necessary to do so to reflect the current status of a record or information, may correct or amend the part of the water register for which that body is responsible-- (a) to correct any error in a recording; or 15 (b) to amend any recording; or (c) to delete or cancel any recording. (2) A recording body must correct or amend the part of the water register for which it is responsible if required to do so-- 20 (a) by a court or tribunal; or (b) by virtue of this Act or any other Act. (3) A recording body may correct or amend the part of the water register for which it is responsible by-- 25 (a) adding, cancelling or deleting a recording; or (b) adding, altering or deleting particulars or details contained in a recording; or 166 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (c) recording details of any change in the name or address of any person in respect of whom the matter recorded in the water register relates. (4) A recording body-- 5 (a) may correct the water register on the body's own initiative; or (b) may correct or amend the water register on the application of a person in the approved form accompanied by-- 10 (i) the prescribed fee (if any); or (ii) in the case of an Authority, the fee fixed by the Authority (if any); or (c) may correct or amend the water register as a consequence of the Minister 15 exercising a power under section 33AB. 84ZC. Notification of parties If a recording body corrects a part of the water register under section 84ZB(4)(a) in relation to a substantial error affecting a 20 person's recorded interest, the body must notify each person who is recorded in the water register as having an interest in the matter in respect of which the correction has been made. 25 Division 8--General 84ZD. Power to require statutory declarations A recording body may require that information be given by statutory declaration. 30 167 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 84ZE. Recording body may require proof of identity (1) A recording body may require a person who requests the recording of any matter in the water register or the approval of any matter 5 for recording in the water register to provide any proof of identity of a person that the recording body considers sufficient to establish that person's identity. (2) A recording body is not required to make a 10 recording in the water register or approve any matter for recording in the water register if the recording body is not satisfied as to the identity of any person by or on behalf of whom any document relating to that matter 15 was executed. (3) A recording body may require or permit the identity of a person to be verified by a person or class of persons approved as a verifier for the purposes of this section. 20 (4) A recording body, by notice published in the Government Gazette, may approve-- (a) a person or class of persons as a verifier or verifiers for the purposes of this section; or 25 (b) standards of proof of identity that the recording body considers sufficient for the purposes of this section. 168 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 84ZF. Recording body may require production of documents (1) Before making a recording in the water register, a recording body may require a person to submit any documents related to a 5 recording or give any information related to a recording for the purposes of enabling any matter to be recorded in the part of the water register for which that body is responsible. (2) If any information or document required by a 10 recording body under this section is withheld or not complied with, the recording body-- (a) may refuse to make the recording until the relevant information or document is produced or complied with; or 15 (b) if the relevant information or document is not produced or complied with and the recording is not made, may-- (i) return any documents or information that have been 20 submitted to the responsible body to the person requesting the recording; and (ii) retain any fee that has been paid by the person requesting the 25 recording. (3) A recording body, at that body's discretion, may dispense with the submission or production of any document or information. 169 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 84ZG. Monetary consideration to be stated in transfer Any-- (a) transfer of ownership of a water share under section 33AC; and 5 (b) limited term transfer-- must state the monetary consideration in relation to the transfer. 84ZH. Service of notices (1) A notice under this Part may be served or 10 given-- (a) by being sent by letter posted to the person concerned at that person's address for service; or (b) by facsimile, e-mail or other electronic 15 means of communication; or (c) if that person has no address for service within the meaning of this section, at that person's last known place of residence or business. 20 (2) An address of a person recorded in the water register may be used as that person's address for service. (3) A recording body may cause a copy of any notice sent by the recording body to be filed 25 with a memorandum that it was so sent and the memorandum is sufficient proof that the notice was duly sent. (4) If a notice is sent by letter posted to any person at that person's address for service 30 and the letter is returned by the post office, a recording body may, if it thinks fit-- (a) direct any further notice to be given; or 170 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (b) direct substituted service; or (c) proceed without notice. (5) A recording body may use the address or other contact information of a person which is recorded in the part of the water register 5 for which that body is responsible for the purposes of serving a notice under this Part on that person. 84ZI. Approved forms (1) A recording body may approve forms for the 10 purposes of this Part in relation to those parts of the water register for which that body is responsible. (2) A recording body must ensure that approved forms are available-- 15 (a) at the office of the recording body; and (b) on the Internet. 84ZJ. Power to remit fees In appropriate cases, a recording body may remit to a person the whole or part of a fee 20 paid or payable under this Part and the Consolidated Fund is hereby appropriated accordingly. Division 9--Offences and Enforcement 84ZK. Certificates and evidentiary effect 25 (1) For the purposes of proceedings in any court or tribunal, a recording body may issue a certificate under that body's signature or seal (as the case requires) certifying as to any matter-- 30 171 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 57 (a) that is recorded in the part of the water register for which that body is responsible; or (b) that can be ascertained from-- (i) the part of the water register for 5 which that body is responsible; or (ii) any other records or information maintained by that recording body. (2) All courts and persons acting judicially must 10 take judicial notice of a recording body's signature or seal (as the case requires) on a certificate issued under sub-section (1) and, until the contrary is proved, must presume that it was duly signed or sealed. 15 (3) In any proceedings, a certificate issued under sub-section (1) purporting to be signed or sealed (as the case requires) by a recording body is evidence and, in the absence of evidence to the contrary, is proof, of the 20 matters specified in the certificate. 84ZL. False or misleading information A person must not knowingly give false or misleading information-- (a) in any document lodged with or 25 provided to a recording body under this Part; or (b) in relation to a recording in the water register. Penalty: 60 penalty units or imprisonment 30 for 6 months. 172 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 58 84ZM. Making false entries etc. in water register A person must not knowingly make, or cause to be made-- (a) a false recording in the water register; or 5 (b) a recording or an alteration, cancellation or deletion of a recording in the water register without-- (i) the authority of the Registrar; or (ii) being otherwise authorised to do 10 so. Penalty: 60 penalty units or imprisonment for 6 months.". 58. Substitution of section 141 For section 141 of the Water Act 1989 15 substitute-- "141. Authority may reduce, restrict or discontinue water supply (1) An Authority may reduce or restrict the quantity of water supplied to any person, or 20 discontinue the supply of water to any person, if-- (a) the Authority is, because of a shortage of water or for any other unavoidable cause, unable to supply the quantity of 25 water which would otherwise be supplied to the person; or (b) the Authority reasonably believes that the reduction, restriction or discontinuance is necessary-- 30 (i) to avoid future water shortages; or 173 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 58 (ii) because there is insufficient capacity in the distribution works of the Authority for the Authority to meet its obligations under the Act to supply and deliver water to 5 the person; or (c) the quality of water available for supply does not meet the standards for its intended authorised use; or (d) any private works for the supply of 10 water to the person-- (i) are, in the opinion of the Authority, inadequate or not properly constructed or maintained and a notice to repair 15 has been issued under section 150 and not complied with by the time specified or allowed under that section; or (ii) do not, in the opinion of the 20 Authority, comply with the regulations; or (e) the person has contravened this Act, the regulations or the Authority's by-laws in relation to the misuse of water 25 supplied to the person by the Authority; or (f) the person has contravened this Act, the regulations or the Authority's by-laws in relation to the taking of water; or 30 (g) the person has refused entry to an authorised officer who intended to exercise powers conferred by or under this Act to investigate any suspected contravention referred to in 35 paragraph (e) or (f); or 174 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 58 (h) the person has refused or failed to pay any money due to the Authority for the supply or delivery of water to the person. (2) An Authority must reduce the supply of 5 water under sub-section (1)(a) or (b) to all persons in the same proportion unless the Minister is of the opinion that the circumstances are so extreme as to justify some other basis. 10 (3) An Authority that reduces, restricts or discontinues the supply of water to a person may reduce or waive any amount of money payable to it for the supply of water to the person. 15 (4) An Authority that restricts or discontinues the supply of water to a person under sub- section (1)(d), (e), (f), (g) or (h) may charge a fee for removing the restriction or recommencing that supply. 20 (5) An Authority may reduce or restrict the quantity of water supplied to a person or discontinue the supply of water to a person under sub-section (1)(d), (e), (f), (g) or (h) if it decides that the required circumstances 25 exist, whether or not it has been proved to the satisfaction of a court that those circumstances do exist. (6) A person may apply to the Tribunal for review of the Authority's decision to 30 discontinue the supply of water to the person under sub-section (1)(e) or (f). 175 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 59 (7) An application for review must be made within 28 days after the later of-- (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, 5 the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a 10 statement of reasons will not be given.". 59. Insertion of new section 155A After section 155 of the Water Act 1989 insert-- '155A. Compensation for loss of services on 15 declaration of cessation (1) An Authority is liable to compensate any person who is the owner of a property in the district of the Authority which has ceased to be a serviced property by the operation of a 20 declaration made by the Authority under section 161J if the owner has-- (a) sustained any pecuniary loss; or (b) incurred any expense-- as a direct, natural and reasonable 25 consequence of the property ceasing to be a serviced property. (2) For the purposes of sub-section (1) a "direct natural and reasonable consequence of the property ceasing to be a serviced property" 30 does not include the lost opportunity of the transfer of the service to another property. 176 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 60 (3) An Authority is not liable to compensate the owner of a property under sub-section (1) for consequential loss. (4) Any claim for compensation under this section must be made and dealt with in 5 accordance with the Land Acquisition and Compensation Act 1986, as if it were a claim under Part 5 of that Act.'. 60. Insertion of new Part 7A After Part 7 of the Water Act 1989 insert-- 10 'PART 7A--RECONFIGURATION PLANS 161B. Definitions In this Part-- "directions" means directions issued under section 161E; 15 "panel" means a panel appointed under section 161H; "reconfiguration plan" is a reference to a plan for the future capacity for an Authority to provide services to 20 properties within the whole or a part of the district of the Authority. 161C. Contents of reconfiguration plans A reconfiguration plan may include-- (a) arrangements for the upgrading, 25 downgrading or discontinuation of works that provide irrigation or other rural water services to properties within the relevant district of the Authority and any associated drainage works; and 30 177 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 60 (b) arrangements as to pricing and management of services provided to properties within the relevant district of the Authority or works of the Authority. 5 161D. Draft plans for reconfiguration of infrastructure An Authority with an irrigation district or a water district may (either on its own behalf, or in conjunction with another Authority, 10 Catchment Management Authority or Council) prepare a draft reconfiguration plan. 161E. Directions of Minister as to reconfiguration plans 15 (1) The Minister may issue directions that apply to reconfiguration plans. (2) Directions issued under sub-section (1) may include all or any of the following-- (a) the circumstances in which an 20 Authority will be required to prepare a reconfiguration plan; and (b) the circumstances in which compensation will be payable by an Authority for reducing services under a 25 reconfiguration plan; and (c) any processes for the initiation of the preparation of reconfiguration plans; and (d) any processes an Authority preparing a 30 reconfiguration plan must implement before the plan is adopted, including processes as to the identification and discussion of funding and charging options; and 35 178 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 60 (e) whether or not a draft reconfiguration plan, on adoption under section 161F, must be approved under section 161G; and (f) any matters that must be taken into 5 account by an Authority in preparing a reconfiguration plan; and (g) any persons to whom reconfiguration plans or classes of reconfiguration plans must be referred for 10 consideration; and (h) any requirements for advertising or consultation for reconfiguration plans or classes of reconfiguration plans. (3) The Minister must cause directions issued 15 under this section to be published in the Government Gazette. 161F. Adoption of reconfiguration plans by Authority (1) An Authority may adopt a reconfiguration 20 plan on completing preparation and consideration of a draft reconfiguration plan in accordance with this Part and after complying with any directions. (2) An Authority must not adopt a 25 reconfiguration plan under sub-section (1) that proposes termination of the whole or a part of the services provided by the Authority, unless the Authority has-- (a) notified the owner of each serviced 30 property to which the services that are proposed to be terminated are provided; and 179 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 60 (b) allowed the owner of each such property an opportunity to make written submissions to the Authority about the plan; and (c) given consideration to arrangements to 5 meet any ongoing domestic and stock use requirements for each property. (3) In the case of a reconfiguration plan that, under the directions, does not require the approval of the Minister, on adoption of the 10 plan under this section, the Authority must cause notice of the adoption to be published in the Government Gazette. 161G. Approval of reconfiguration plans by the Minister 15 (1) In the case of a reconfiguration plan that, under the directions, on adoption by the Authority, also requires approval of the Minister, the Minister may approve the plan-- 20 (a) on being satisfied that the Authority has adopted the plan under section 161F; and (b) on being satisfied that the Authority has complied with the directions; and 25 (c) after considering the report of any panel the Minister has appointed to consider the plan. (2) Before approving a plan under sub- section (1), the Minister may refer the plan to 30 a panel for advice. 180 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 60 161H. Appointment of Panel (1) The Minister may, by instrument, appoint a panel of persons to give advice under section 161G(2) on an adopted reconfiguration plan, and the persons appointed to the panel must 5 be persons who have knowledge of or experience in the matters that the panel is to give advice on. (2) Subject to anything specified by the Minister in the instrument of appointment of the 10 panel, a panel may regulate its own proceedings. (3) After considering the plan, the panel must report its findings to the Minister within the period specified by him or her. 15 (4) The panel may include in its report any recommendations that it thinks fit. (5) A member of the panel is entitled to be paid any fees and allowances fixed by the Governor in Council. 20 (6) The Minister is not bound by the report of the panel under this section. (7) The Minister must make a copy of any report of the panel available for inspection by the public within one month after it is received 25 by the Minister. 161I. Approval and notification of plan On approving a reconfiguration plan under section 161G, the Minister must cause notice of the adoption and approval of the plan to 30 be published in the Government Gazette. 181 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 60 161J. Termination of services to properties consequent on plans for reconfiguration (1) An Authority may, by notice in writing, declare serviced properties on any land in any part of its district to cease to be serviced 5 properties for the purposes of this Act. (2) An Authority must not make a declaration under sub-section (1) unless a plan adopted under section 161F and (where the case so requires) approved under section 161G 10 includes a proposal to make such a declaration. (3) On making a declaration under this section the Authority must serve notice on the owner of each serviced property in the part of the 15 district to which the declaration relates of the making of the declaration and of the day on which the declaration comes into effect. (4) A notice under sub-section (3) must set out the date on which it takes effect, which must 20 be more than 12 months after the day on which the Authority makes the declaration. 161K. Plans by agreement Nothing in this Part prevents an Authority from reconfiguring infrastructure of the 25 Authority that enables the provision of services to serviced properties with the agreement of the owner of those properties.'. 182 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 61 61. Substitution of Part 11 For Part 11 of the Water Act 1989 substitute-- 'PART 11--IRRIGATION Division 1--General 220. Definitions and application 5 (1) In this Part-- "conditions determination" means a determination of an Authority under section 227; "delivery determination" means a 10 determination of an Authority under section 223; "serviced property" means a property in respect of which a declaration under section 144(1)(c) of the Act has been 15 made by the Authority in whose irrigation district the property is situated. (2) This Part applies to an Authority that has an irrigation district. 20 Division 2--Functions, Powers and Duties of Authorities 221. Functions of Authorities under this Part An Authority has the following functions in relation to the irrigation district of the 25 Authority-- (a) to provide, manage and operate systems for the delivery of water to lands and appropriate drainage and protection of those lands; 30 183 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 61 (b) to identify community needs relating to irrigation, drainage and salinity mitigation, and plan for the future needs of the community relating to irrigation, drainage and salinity 5 mitigation; (c) to develop and implement programs for improved irrigation practices, improved drainage practices and improved salinity mitigation practices; 10 (d) to investigate any matter related to its functions, powers and duties in relation to irrigation, drainage and salinity mitigation. 222. General powers and duties of Authorities 15 under this Part (1) An Authority, subject to the provisions of this Part-- (a) must provide the service of delivering water to the owner or occupier (where 20 the occupier is not the owner) of each serviced property in its irrigation district-- (i) for the purposes of irrigation, at the volumes and for the periods 25 that are determined by the Authority in accordance with this Part; and (ii) for stock and domestic use, at the volumes and for the periods that 30 are determined by the Authority in accordance with this Part; and (b) may provide the service of delivering water to the owner or occupier of any property in its irrigation district; and 35 184 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 61 (c) may sell water the Authority owns or is authorised to take and use under a bulk entitlement to the owner or occupier of any land, whether within or outside its irrigation district. 5 (2) A service provided by an irrigation Authority under sub-section (1) may be provided on any terms and conditions that are set out in a determination of the Authority. (3) An Authority is not required to provide the 10 service of delivering water to the owner or occupier of land under sub-section (1), if-- (a) the owner is not the holder of a water- use licence or water-use registration (as the case requires); or 15 (b) neither the owner nor the occupier of the land has a water allocation. (4) Nothing in this Act entitles any person to a service under sub-section (1) other than during an irrigation period. 20 Division 3--Specific Provisions as to Volume and Period of Delivery 223. Authority to determine volumes and periods of delivery (1) An Authority, when commencing the service 25 of delivering water for irrigation or for domestic and stock use to a serviced property under section 222(1), must determine the volumes at which and the periods for which the water is to be delivered for irrigation or 30 stock and domestic use to that property. 185 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 61 (2) A determination under sub-section (1) may apply to more than one serviced property in a declared water system in an irrigation district of the Authority. (3) A determination under sub-section (1) must 5 be in writing and must be made in the manner set out in a conditions determination of the Authority. 224. Variation of delivery determinations on application 10 (1) An Authority may, on receiving an application to do so by the owner of a serviced property within the irrigation district of the Authority, vary a delivery determination that applies to that property by 15 varying either or both the volumes at which and periods for which water is to be delivered to that property. (2) On the making of a determination under sub- section (1), the determination is deemed to 20 have effect as so varied. (3) In making a determination under sub- section (1), the Authority must have regard to any matters set out in any conditions determination of the Authority. 25 (4) An owner of a serviced property may apply to an Authority for variation of a determination under sub-section (1) in relation to that property. (5) An Authority may refuse to make a 30 determination under this section that reduces the level of service to the owner of a property unless the owner pays to the Authority an amount that the Authority reasonably believes represents the present 35 value of fees that would otherwise be 186 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 61 payable, under a tariff under section 259(1), by the owner of the property in respect of the irrigation service provided by the Authority before the variation. 225. Variation of delivery determination on 5 motion of Authority (1) An Authority may, on its own motion, vary a delivery determination it has made by varying either or both the volumes at which and the periods for which water is to be 10 delivered to a property or any of the properties to which the delivery determination relates. (2) On the making of a determination under sub- section (1), the delivery determination is 15 deemed to have effect as so varied. (3) A determination under this section that applies to more than one property, must apply the variation to all such properties equally. 20 (4) In making a determination under sub- section (1), the Authority-- (a) must have regard to the matters (if any) set out in any conditions determination of the Authority; and 25 (b) must make the determination in the form and manner and in accordance with the process (if any) set out in any conditions determination of the Authority. 30 187 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 61 226. Determination to transfer volume or periods (1) An Authority may, on receiving an application to do so from the owners of two parcels of land in an irrigation district of the 5 Authority, determine to transfer to one of the parcels of land specified in the application the whole or a part of-- (a) either or both the volumes at which and the periods for which water is to be 10 delivered to the other parcel of land specified in the application; or (b) either or both the volumes at which and the periods for which water is to be delivered to the other parcel of land 15 specified in the application, for the limited period of time that is specified in the application. (2) An Authority must refuse an application under sub-section (1)(a) if the consent of any 20 one of the recorded mortgagees of any one of the parcels of land to which the application relates has not been obtained to the transfer. (3) If the Authority refuses an application under sub-section (1), the Authority must give the 25 applicants reasons for that refusal. (4) On making of a determination under sub- section (1), any delivery determination that relates to either parcel of land is deemed to have effect in accordance with the transfer of 30 the volumes and periods. 188 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 61 (5) For the purposes of a transfer under sub- section (1), the Authority may-- (a) where a delivery determination ceases to apply to a parcel of land, declare that the land ceases to be a serviced 5 property, or where the case so requires, that the land is a serviced property; or (b) where a delivery determination commences to apply to a parcel of land, declare the land to be a serviced 10 property. (6) In making a determination under sub- section (1), the Authority must have regard to any matters set out in any conditions determination of the Authority. 15 (7) The owners of parcels of land in the irrigation district of an Authority may apply to the Authority for a determination under sub-section (1). Division 4--Conditions and Ministerial 20 Directions as to delivery 227. Authority to fix terms and conditions for the service of delivering water (1) An Authority may determine-- (a) in addition to any power to make 25 determinations under Division 3, the terms and conditions on which it provides a service under section 222(1); and (b) any conditions required to be 30 determined for the purposes of Division 3. 189 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 61 (2) A determination under sub-section (1) must be-- (a) published by the Authority; or (b) made available at the offices of the Authority. 5 (3) A determination under sub-section (1)-- (a) may be amended or revoked by the Authority in the same manner as that in which it is made; and (b) remains in force until such time as it is 10 so revoked. (4) The conditions specified in the determination may deal with all or any of the following matters-- (a) the circumstances in which an approval 15 to a variation under section 224 is conditional on the payment of an amount under section 224(5); and (b) rules for restricting delivery as a result of insufficient capacity in the works of 20 the Authority; and (c) the circumstances in which the Authority will agree with an owner to provide a different level of service to a serviced property; and 25 (d) the circumstances in which the Authority will make a determination under section 224, 225 or 226; and (e) the circumstances in which a declaration that a property is no longer 30 a serviced property is conditional on the payment of an amount under section 229(6); and 190 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 61 (f) matters to be taken into account in determining the amount to be payable under sections 224(5) and 229(6); and (g) methods by which disputes as to the interpretation or operation of the 5 determination may be settled; and (h) any other matter or thing that is, in the opinion of the Authority, necessary for the service to be delivered. 228. Ministerial directions 10 (1) The Minister may, from time to time, by notice in writing, give directions to Authorities on any matter about which a condition may be specified under section 227(4). 15 (2) The Minister must cause a notice under sub- section (1) to be published in the Government Gazette. Division 5--Miscellaneous 229. Declaration that property not to be 20 serviced property (1) An owner of a serviced property in an irrigation district may apply to the Authority for that district for a declaration under sub- section (2). 25 (2) On receiving an application under sub- section (1), the Authority may, by notice in writing, declare the serviced property to which the application relates to cease to be a serviced property. 30 191 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 61 (3) An Authority must refuse an application under sub-section (1) if the consent of any one of the recorded mortgagees of the serviced property has not been obtained to the application. 5 (4) A notice under sub-section (2) must be given to the owner of the property. (5) The notice must-- (a) specify the serviced property to which it applies; and 10 (b) fix a date on and from which the land must be taken to not to be a serviced property for the purposes of this Act. (6) An Authority may refuse to make a declaration under this section unless the 15 owner of the property pays to the Authority an amount that the Authority reasonably believes represents the present value of fees that would otherwise be payable by the owner of the property in respect of the 20 irrigation service provided by the Authority under a tariff under section 259(1). (7) This section does not affect the power of an Authority to make a declaration under section 144. 25 230. Form of applications under this Part An application under section 224, 226 or 229 must-- (a) be in a form approved by the Authority; and 30 (b) contain any prescribed particulars; and 192 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 61 (c) be accompanied by any prescribed document or prescribed information; and (d) be accompanied by the fee fixed by the Authority. 5 Division 6--Powers to Reduce etc. Delivery Service 231. Authority may reduce, restrict or discontinue delivery of water (1) An Authority may reduce or restrict the 10 period over which water is to be delivered to any serviced property, or discontinue the delivery of water to any serviced property, if-- (a) the Authority is, because of insufficient 15 capacity unable to deliver water to the property; or (b) any private works for the delivery of water to the property-- (i) are, in the opinion of the 20 Authority, inadequate or not properly constructed or maintained and a notice to repair has been issued under section 150 and not complied with by the time 25 specified or allowed under that section; or (ii) do not, in the opinion of the Authority, comply with the regulations; or 30 (c) the owner of the serviced property has contravened this Act, the regulations or the Authority's by-laws in relation to the taking of water; or 193 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 61 (d) the owner of the serviced property has refused entry to an authorised officer who intended to exercise powers conferred by or under this Act to investigate any suspected contravention 5 of this Act, the regulations or the Authority's by-laws in relation to the taking of water; or (e) the owner of the serviced property has refused or failed to pay any money due 10 to the Authority for the delivery of water to the serviced property. (2) An Authority must reduce the delivery of water under sub-section (1)(a) to all serviced properties in the same proportion. 15 (3) An Authority that reduces, restricts or discontinues the delivery of water to a serviced property may reduce or waive any amount of money payable to it for the delivery of water to the serviced property. 20 (4) An Authority may reduce or restrict the quantity of water delivered to a serviced property or discontinue the supply of water to a serviced property under sub-section (1)(b), (c), (d) or (e) if it decides that the 25 required circumstances exist, whether or not it has been proved to the satisfaction of a court that those circumstances do exist. (5) A person may apply to the Tribunal for review of the Authority's decision to 30 discontinue the delivery of water to the serviced property under sub-section (1)(c). 194 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 62 (6) An application for review must be made within 28 days after the later of-- (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, 5 the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that 10 Act that a statement of reasons will not be given.'. 62. Payment of tariffs for irrigation In section 259(1) of the Water Act 1989, in paragraph (c) omit "irrigation". 15 63. Powers to collect and retain fees and charges After section 264(1) of the Water Act 1989 insert-- "(1A) An Authority that is acting as a delegate of the Minister in performing a function under 20 this Act may, despite section 9(2) of the Financial Management Act 1994 or any other provision of any Act or rule of law to the contrary-- (a) collect any fee or charge that is 25 authorised by or under this Act to be imposed for the performance of the function; and (b) retain the fee or charge so collected-- as if the Authority were performing the 30 function in its own right and not as delegate of the Minister.". 195 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 64 64. Liability for unpaid tariffs In section 274(4) of the Water Act 1989, for "Part 4 or 5" substitute "Part 4, 4B or 5". 65. Insertion of new Division 10 of Part 13 After Division 9 of Part 13 of the Water Act 1989 5 insert-- "Division 10--Impact Minimisation Works Charges 287A. Minister may require payment of charge (1) The Minister may require the owner of any 10 land to make a payment or a number of payments to meet or contribute to the cost of any works or measures where-- (a) the owner is using water on the land for the purposes of irrigation and-- 15 (i) the annual use limit for the water- use licence under which the water is being used has been increased; or (ii) the water-use licence has been 20 varied to permit water to be used on the land at a different place; or (iii) a new water-use licence has been issued to the owner of the land authorising the use of water on the 25 land for the purposes of irrigation; and (b) the works or measures are to off-set the effect of the impact of the change in use, as specified in paragraph (a), on 30 the environment. 196 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 65 (2) A payment that is required to be made under sub-section (1), may be made by the payment of the full amount in one lump sum or, where so agreed by the Minister and the owner of the land, by way of instalments. 5 (3) The Minister must give notice in writing of a requirement made under this section. (4) A notice under this section must specify-- (a) the amount of the payment or payments that are required; and 10 (b) the date on which the payment, or each payment (as the case requires) falls due, including (where the payments are to be made by instalments) the date on which each instalment falls due; and 15 (c) the reason why the payment or payments are required; and (d) the works or measures that are being or are to be carried out; and (e) the property in relation to which the 20 payment or payments are required; and (f) if the payment or payments are required in relation to a group of properties, the amounts required in relation to each property. 25 (5) The amount of any payment due to the Minister under this section is a debt due to the Crown by the person liable to pay the amount and may be recovered in any court of competent jurisdiction. 30 197 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 65 Division 11--Recovery of Fees etc. Under Part 3A 287B. Disposal of water shares for unpaid contributions, fees and other amounts (1) An Authority may sell, or cause to be 5 transferred to itself, any water share in relation to which any fee imposed under Division 9 of Part 3A has been due to the Authority and unpaid for at least 3 years. (2) Sub-section (1) does not apply if-- 10 (a) the fee has been waived; or (b) the fee has been deferred for the period for which it is unpaid; or (c) the person liable to pay has arranged with the Authority for payment by 15 instalments of the amount due, and any instalments that have become due have been paid; or (d) the person liable to pay is not the owner of the water share. 20 (3) An Authority must not sell the water share or cause it to be transferred unless it has, at least once in the 3 years, tried to recover the money due to it. (4) An Authority must pay, for a transfer of a 25 water share under sub-section (1), an amount equal to or greater than a valuation of the water share that is made by a valuer not more than 6 months before the date of the proposed transfer. 30 198 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 65 (5) An Authority must in selling a water share under sub-section (1) sell the share for an amount equal to or greater than a valuation of the share that is made by a valuer not more than 6 months before the date of the 5 proposed sale. (6) At least 4 weeks before selling any share, or causing it to be transferred, under sub- section (1), the Authority must-- (a) give public notice of its intention to do 10 so; and (b) serve, on any person who appears from the water register to be the share owner or a mortgagee or a holder of a limited terms transfer recorded on the water 15 share, a notice requiring payment of any outstanding amounts referred to in sub-section (1). (7) The Registrar may register a transfer of a water share by an Authority under this 20 section if the transfer is in a form approved by the Registrar. 287C. Application of proceeds (1) An Authority that sells a water share, or causes it to be transferred, under section 25 287B must apply the proceeds of the sale, or the amount for which the share was transferred, as follows-- (a) first, in payment of all expenses incurred in connection with the sale or 30 transfer; (b) secondly, in payment of the outstanding fees, including interest; 199 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 65 (c) thirdly, in discharging any recorded mortgages-- (i) of which the Authority has notice; and (ii) over which the Authority's charge 5 has priority-- according to the priority of those mortgages. (2) The Authority must, if the owner of the water share can be traced, refund to the 10 owner any surplus after all payments have been made that sub-sections (1)(a), (b) and (c) apply to. (3) If the owner cannot be traced, the Authority may, subject to sub-section (5), retain and 15 use any surplus after all payments have been made that sub-sections (1)(a), (b) and (c) apply to. (4) A person who claims an estate or interest in the water share may apply to the Authority 20 for payment of the value of that estate or interest from any surplus retained by the Authority. (5) If the Authority is satisfied that an applicant is entitled to any payment it must make that 25 payment. 287D. Sale or transfer cancels encumbrances When an Authority sells a water share, or causes it to be transferred, under section 287B-- 30 (a) the sale or transfer is free from all rights of the owner of the water share or any mortgagee over the water share over which the Authority's charge has priority; and 35 200 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 66 (b) the Registrar must, when registering the transfer, cancel any recorded mortgages on the water share.". 66. Power of Minister to delegate In section 306(1)(b) of the Water Act 1989, after 5 "32G," insert "33AB(1),". 67. Enforcement powers In section 309(1) of the Water Act 1989, for "Parts 4 and 5" substitute "Parts 3A, 4, 4B and 5". 10 68. Regulation making powers (1) After section 324(1)(a) of the Water Act 1989 insert-- "(ab) prescribing fees that may differ according to the class or nature of the application, licence, 15 registration, variation, renewal or transfer; and (ac) prescribing the form and manner in which the water register is to be established and maintained, including, but not limited to, the 20 establishment, maintenance and alteration of the system of the water register; and (ad) prescribing fees for-- (i) making recordings in the part of the water register for which the Registrar or 25 the Minister is responsible; or (ii) searching for or obtaining information or records in the part of the water register for which the Registrar or the Minister is responsible; or 30 (iii) any other matters related to the water register in relation to water shares; or 201 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 69 (iv) any other matters in relation to the water register, including, but not limited to, services provided by the Registrar or the Minister as a recording body under Part 5A; and 5 (ae) prescribing, in respect of the water register-- (i) persons or classes of person who may search for or obtain information or records in the water register; and (ii) information or records or classes of 10 information or records which may be searched or obtained by those persons; and (iii) information or records or classes of information or records which are not 15 available to the public; and (af) regulating places at which water may be taken and times and rates at which water may be taken; and (ag) prescribing matters, in addition to those set 20 out in section 33G, that the Minister must determine when issuing a water share; and". (2) After section 324(1) of the Water Act 1989 insert-- "(1A) Regulations fixing fees under sub-section 25 (1)(ad) may provide for the waiver of those fees.". 69. Schedule 6 First Mildura Irrigation Trust (1) Clause 4B of Schedule 6 of the Water Act 1989 is repealed. 30 (2) Clauses 4E and 4F of Schedule 6 of the Water Act 1989 are repealed. 202 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 70 70. New Schedules 12A and 12B inserted After Schedule 12 to the Water Act 1989 insert-- 'SCHEDULE 12A 5 RECORDING MORTGAGES OF WATER SHARES 1. Recording of mortgages (1) If the owner of a water share mortgages it, a person may lodge with the Registrar a document for the recording of the mortgage to 10 be made in the water register in respect of that share. (2) The owner of a water share must not mortgage-- (a) an undivided portion of a water share; or 15 (b) a limited terms transfer. (3) A document lodged for the recording in the water register of a mortgage under sub- clause (1) must be in the approved form. (4) When the Registrar records a mortgage in the 20 water register under this clause, that mortgage-- (a) has effect as a security; (b) does not operate as a transfer of the water share to which it applies. 25 2. Variation of recorded mortgage of water share (1) The parties to a recorded mortgage of a water share may agree, in writing, to vary-- (a) the terms of the mortgage; or (b) the principal sum or interest secured by 30 the mortgage. (2) If the water share is subject to any subsequent recorded mortgage of a water share, the agreement in writing to the variation referred to in sub-clause (1) must be obtained from that 35 subsequent mortgagee. 203 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 70 (3) If a recorded mortgage of a water share is varied under this clause, the mortgagee may lodge with the Registrar a document for the recording of the variation to be made in the 5 water register. (4) A document for the recording of a variation under sub-clause (3) must be in the approved form. (5) When the Registrar records a variation of a 10 recorded mortgage of a water share under this clause in the water register, that mortgage has effect as varied from the time the document for the recording of the variation is lodged with the Registrar. 15 3. Variation of priority of recorded mortgages (1) The priority between or amongst themselves of the recorded mortgages of a water share may be varied from time to time, if each of those mortgages affects that water share only. 20 (2) A variation under sub-clause (1) must-- (a) be in the approved form; and (b) set out in the order in which the recorded mortgages of a water share affecting the water share concerned are to rank in 25 priority; and (c) subject to this Act, be executed by the holder of each mortgage to be postponed to a mortgage over which it previously had priority. 30 (3) On the recording of a variation referred to in sub-clause (1), the recorded mortgages of a water share-- (a) have priority between or amongst themselves in the order set out in the 35 approved form of variation; and (b) are deemed to have been recorded in that order. 204 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 70 4. Transfer of recorded mortgage (1) If a mortgagee of a water share transfers it to another person, the person transferring the mortgage may lodge with the Registrar a 5 document for the recording of the transfer of the mortgage to be made in the water register in respect of that share. (2) A transfer of mortgage lodged under sub- clause (1) must be in the approved form. 10 5. Procedure in case of default in payment of money secured or covenant (1) If-- (a) default is made in the payment of the principal sum or the interest secured by a 15 recorded mortgage of a water share or in the performance of any express or implied covenant in that mortgage; and (b) that default continues for one month or any other period expressly fixed in the 20 instrument of mortgage-- the mortgagee may serve notice in writing to pay the money owing or perform and observe the covenant (as the case requires) on-- (c) the mortgagor; and 25 (d) any other person who has a recorded mortgage of that water share; and (e) any person who is recorded in the water register as having a limited term transfer. (2) If money secured by a recorded mortgage of a 30 water share is made payable on demand, a demand in writing under the mortgage is, for the purposes of this Act, equivalent to serving a notice under sub-clause (1). 205 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 70 6. Power of sale under a recorded mortgage (1) The mortgagee of a recorded mortgage of a water share, in good faith and having regard to the interests of the mortgagor or other persons 5 specified in clause 5(1)(d) and (e), may sell the water share that is subject to the mortgage if the mortgagor or those other persons do not comply with that notice or demand-- (a) within one month after the service of a 10 notice or demand under clause 5; or (b) any other period fixed in the instrument of mortgage. (2) A mortgagee who exercises a power of sale under this clause may, in accordance with this 15 Act-- (a) sell the water share subject to any terms and conditions that the mortgagee thinks fit; and (b) make and sign any transfers; and 20 (c) do any acts or things necessary for effectuating a sale. (3) In the case of a mortgage to which clause 26 of Schedule 15 applies, where the mortgage is over one or more persons' undivided portion in 25 a share-- (a) the mortgagee can exercise a power of sale under this clause in relation to that part of the share; and (b) the exercise of that power of sale does 30 not divide the water share. 7. Notifying the Registrar (1) Subject to this Schedule, if a mortgagee of a recorded mortgage of a water share exercises a power of sale under clause 6, a person may 35 lodge with the Registrar a transfer for the recording of that sale in the water register. (2) A transfer under sub-clause (1) must be in the approved form. 206 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 70 (3) If transfer under this clause is in the approved form and is expressed to be in exercise of a power of sale under clause 6, the Registrar may accept that transfer as sufficient evidence that 5 the power has been duly exercised. 8. Application of purchase money The purchase money received arising from a sale under clause 6 must be applied as follows-- 10 (a) firstly, in payment of all costs, charges and expenses properly incurred in relation to the sale; (b) secondly, in payment of the money due or owing on the mortgage; 15 (c) thirdly, in payment of the money owing under or in respect of subsequent recorded mortgages of the water share in the order of their respective priorities; (d) fourthly, in payment of the residue 20 (if any) to the mortgagor. 9. Vesting of water share in purchaser (1) On the recording in the water register of a transfer under clause 7 pursuant to the exercise of a power of sale under clause 6, the interest of 25 the mortgagor in the water share vests in the purchaser as owner by transfer, freed and discharged from all liability on account of-- (a) the mortgage; and (b) except where the mortgagor is the 30 purchaser, of any subsequent recorded mortgage of a water share; and (c) any subsequent recorded limited term transfer, except for a transfer to which the mortgagee gave consent. 35 (2) Sub-clause (1) does not apply to a mortgage that is for any reason binding on the mortgagee. 207 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 70 (3) The title of a purchaser of a water share is not impeachable on the ground that no case had arisen to authorise the sale under clause 6 or that due notice was not given or that the power 5 of sale under clause 6 was otherwise improperly or irregularly exercised but any person affected by that sale may seek a remedy in damages in a court of competent jurisdiction against the person exercising the power. 10 10. Recording of discharge of recorded mortgage (1) On the lodging of a discharge of mortgage signed by a mortgagee discharging a water share from a recorded mortgage, the Registrar-- 15 (a) must make a recording in the water register discharging the mortgage; and (b) on the making of that recording, that water share ceases to be subject to, or liable for, the money secured by the 20 mortgage. (2) A discharge of mortgage under sub-clause (1) must be in the approved form. (3) The Registrar may record in the water register that a recorded mortgage of a water share is 25 discharged despite no discharge of mortgage being produced if-- (a) a mortgagor submits to the Registrar evidence of that person's ownership of the water share; and 30 (b) proof to the satisfaction of the Registrar that-- (i) all the principal and interest due in respect of the mortgage have been paid to the person entitled to 35 receive them; and (ii) that the person entitled to receive the amounts referred to in sub- paragraph (i) is dead, cannot be found or in the case of a body 40 corporate, has ceased to exist. 208 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 70 (4) On the recording of a discharge of a recorded mortgage of a water share by the Registrar under sub-clause (3), the water share ceases to be subject to, or liable for, that mortgage or any 5 money due in respect of it. __________________ 209 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 70 SCHEDULE 12B ELECTRONIC TRANSACTIONS IN THE WATER REGISTER 1. Registrar may provide electronic lodgement 5 network (1) The Registrar may provide or cause to be provided an electronic lodgement network for the purpose of lodging electronic documents for recordings to be made in the water register in 10 respect of water shares. (2) The Registrar, from time to time, may determine requirements for the electronic lodgement network which may include-- (a) conditions of access to the electronic 15 lodgement network; (b) requirements for the retention of documents supporting or authenticating electronic documents, including periods for retention; 20 (c) insurance requirements; (d) any other prescribed matter. (3) The Registrar must publish notice in the Government Gazette of any requirements determined under this clause. 25 2. Restriction on lodgement of electronic instruments (1) The Registrar is not required to accept an electronic document for recording in the water register in respect of a water share unless-- (a) the electronic document contains the 30 information required by the Registrar and is in the form (if any) approved by the Registrar; and (b) the electronic document complies with the prescribed requirements (if any); and 210 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 70 (c) the electronic document is lodged in the electronic lodgement network established under clause 1 in the manner required by the Registrar; and 5 (d) any relevant certificate required under clause 9 is lodged in the electronic lodgement network; and (e) the parties to the electronic document have specified the person who is to be the 10 responsible party under this Schedule (the responsible party) for the recording of the electronic document. (2) If the Registrar refuses to register an electronic document and the parties to the electronic 15 document wish to proceed with the relevant recording in the water register, the Registrar may require the relevant documents to be executed and lodged for recording in a form other than an electronic communication. 20 (3) The Registrar must publish notice in the Government Gazette of any information, form or manner of lodgement required by the Registrar under this clause. 3. Agents for lodging electronic documents must be 25 eligible persons (1) A person (the agent) must not lodge an electronic document for recordings to be made in the water register on behalf of any person (the principal) unless-- 30 (a) the agent is an eligible person; and (b) the principal has authorised the agent in writing signed by the principal to execute the electronic document and lodge it with the Registrar for a recording to be made 35 in the water register on the principal's behalf. 211 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 70 (2) For the purposes of this clause "eligible person" means-- (a) an Australian legal practitioner within the meaning of the Legal Profession Act 5 2004; or (b) a person who holds insurance of a kind and amount acceptable to the Registrar; or (c) a person who complies with any other 10 eligibility requirements determined by the Registrar. (3) The Registrar may at any time require evidence of a person's eligibility or authority to act as agent under sub-clause (1). 15 (4) The Registrar may from time to time publish details of-- (a) the kinds and amounts of insurance that are acceptable for the purposes of this clause; 20 (b) the criteria for a person to be an eligible person under sub-clause (2)(c). 4. Registrar may deal exclusively with responsible party If an electronic document is lodged in the 25 electronic lodgement network for recording in the water register, the Registrar is only required to deal with the person nominated under clause 2(1)(e) as the responsible party for the purposes of-- 30 (a) requiring the person to submit any documents or provide any information in relation to the electronic document and the relevant water share; (b) returning any documents lodged with the 35 Registrar in respect of the relevant water share or the electronic document; (c) Part 5A or this Schedule in relation to the electronic document. 212 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 70 5. Notification of recording If the Registrar makes a recording in relation to a water share in the water register pursuant to an electronic document under this Schedule, the 5 Registrar must cause a notification of that recording to be given to-- (a) the owner of the water share or that person's agent (if any); or (b) the person nominated under clause 10 2(1)(e) as the responsible party in respect of the electronic document or a person nominated by that responsible party. 6. Evidence of recording of electronic document (1) On the application of any person, the Registrar 15 must produce a document in writing recording information that was recorded in the water register as a result of an electronic document. (2) A document produced under sub-clause (1) must be certified by the Registrar as a true 20 representation of the record or information in the water register. (3) A document produced under this clause is evidence of the matters contained in the document. 25 (4) An application under this clause must be in the approved form. 7. Electronic lodgement network malfunction (1) The Registrar may amend the water register to correct errors in the water register and supply 30 entries or recordings omitted to be made in the water register if the error or omission resulted from a malfunction of the electronic lodgement network. (2) The Registrar must keep a record of every 35 correction under sub-clause (1). (3) Every correction under sub-clause (1) is to have the same validity and effect as if the error or omission had not occurred. 213 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 70 8. Registrar may require production of documents (1) For the purposes of Part 5A and this Schedule, the Registrar, by notice in writing, may require any person who has lodged, or proposes to 5 lodge, an electronic document in the electronic lodgement network to produce any document supporting or authenticating an electronic document that is required to be retained under any requirement determined by the Registrar 10 under clause 1(2)(b). (2) A person who has received a notice under sub- clause (1) must comply with a requirement in that notice within the period specified in the notice, being not less than 14 days. 15 (3) If a person fails to comply with a notice under sub-clause (1), the Registrar may terminate that person's access to the electronic lodgement network. 9. Registrar may specify matters to be certified 20 The Registrar, by notice published in the Government Gazette, may specify-- (a) any matters relating to an electronic document that must be certified under this Schedule; and 25 (b) the method of electronic certification required for those matters; and (c) the class or classes of person who may certify those matters. 10. Evidence of electronic documents 30 (1) On the application of any person, the Registrar must produce a document in writing recording information contained in an electronic document that has been lodged for recording in the water register. 35 (2) A document produced under sub-clause (1) must be certified by the Registrar as a true representation of the information in the electronic document. (3) A document certified under sub-clause (2) is 40 evidence of the matters contained in the document. 214 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 3--Shares, Licences, Delivery and Related Matters s. 70 (4) An application under this clause must be in the approved form and be accompanied by the prescribed fee (if any). 11. Electronic certification of electronic documents 5 (1) The Registrar may produce in an electronic form a representation of any electronic document lodged in the electronic lodgement network. (2) The Registrar may certify the electronic 10 representation in any manner determined by the Registrar. (3) A representation of an electronic document certified in accordance with this clause is evidence of the contents and nature of the 15 electronic document. __________________'. __________________ 215 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 PART 4--TRANSITIONAL 71. New Schedule 15 inserted After Schedule 14 to the Water Act 1989 insert-- '__________________ 5 SCHEDULE 15 TRANSITIONAL ARRANGEMENTS--WATER (RESOURCE MANAGEMENT) ACT 2005 PART 1--GENERAL 10 1. Definitions (1) In this Schedule-- "appointed day", in relation to a water system means the day on which a water system becomes a declared water system under a 15 declaration under section 6A; "combined parcel" in relation to land, means more than one parcel of land, each of which is, in accordance with the conversion rules, contiguous with the 20 others; "conversion rules", in relation to a water system, mean the rules determined for that water system by the Minister under Part 8; 25 "entitled person", in relation to a holding in a water system, means any person who is-- (a) an owner of; or (b) the holder of a mortgage over; or 216 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (c) a person who is entitled to a limited term transfer of-- the land that comprised the holding, immediately before the appointed day for 5 the water system; "holder", in relation to-- (a) a prior domestic and stock right, prior joint right or prior water right; or 10 (b) a prior 222(1)(c) sales water agreement or 222(1)(d) sales water agreement-- in a declared water system, means the owner of the holding to which the right 15 applied or in respect of which the agreement was in force (as the case requires) immediately before the appointed day for the water system; "holding" means the lands shown in any single 20 entry in the prior holdings register immediately before the appointed day; "owner"-- (a) in the case of land that is under the Transfer of Land Act 1958 25 means the registered proprietor of the land, or, if the registered proprietor is a life tenant, the holder of the remainder interest; (b) in the case of land that is not under 30 the Transfer of Land Act 1958, means-- (i) where there is a mortgage over the land under which the mortgagee is the owner 35 of the legal estate, the holder of the equity of redemption; or (ii) in any other case, the owner of the legal estate; 217 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 "parcel", in relation to-- (a) land under the Transfer of Land Act 1958, means land that comprises an individual folio of 5 the Register under the Transfer of Land Act 1958; and (b) land not under the Transfer of Land Act 1958, means land that, under section 8A of the Sale of 10 Land Act 1962, can be disposed of separately, without subdivision; "prior domestic and stock right" means an obligation owed by an Authority under section 222(1)(a) to make quantities of 15 water available for supply in an irrigation district of the Authority from a water system to a holding in that district, being an obligation that was in force immediately before the appointed day for 20 that water system; "prior holdings register" means the register kept under section 230, as in force in the relevant declared water system, immediately before the appointed day for 25 the water system; "prior joint right" means a prior water right and a prior domestic and stock right, where each right applies to the same holding; 30 "prior water right" means an obligation owed by an Authority under section 222(1)(b) to make an amount of water available for supply in an irrigation district of the Authority from a water system to a 35 holding in that district, being an obligation that was in force immediately before the appointed day for that water system; 218 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 "prior 222(1)(c) sales water agreement" means an agreement under section 222(1)(c) for the sale of water by an Authority from a water system that 5 supplies an irrigation district with water to the owner or occupier of a holding within that irrigation district being an agreement that was in force immediately before the appointed day for the water 10 system; "prior 222(1)(d) sales water agreement" means an agreement under section 222(1)(d) between an Authority and the owner or occupier of land, for the supply 15 of water by the Authority from a water system, being an agreement that was in force immediately before the appointed day; "purchaser" has the same meaning as in the 20 Sale of Land Act 1962; "Registrar of Titles" has the same meaning as "Registrar" has in the Transfer of Land Act 1958; "take and use licence" means a licence to take 25 and use water issued under section 51(1); "terms contract" has the same meaning as in the Sale of Land Act 1962; "unconfirmed water share" means a water share in respect of which there is in force 30 a qualification under clause 31; "vendor" has the same meaning as in the Sale of Land Act 1962. (2) In this Schedule (unless otherwise specified in the Schedule) a reference-- 35 (a) to section 222(1)(a), in relation to a declared water system, is a reference to section 222(1)(a) as in force immediately before the appointed day for that water system; and 219 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (b) to section 222(1)(b), in relation to a declared water system, is a reference to section 222(1)(b) as in force immediately before the appointed day for that water 5 system; and (c) to section 222(1)(c), in relation to a declared water system, is a reference to section 222(1)(c) as in force immediately before the appointed day for that water 10 system; and (d) to section 222(1)(d), in relation to a declared water system, is a reference to section 222(1)(d) as in force immediately before the appointed day for that water 15 system. (3) For the purposes of Part 3, where the holder of a take and use licence is recorded to be-- (a) a partnership, each partner in the partnership is deemed to be a holder of 20 the licence; or (b) an unincorporated body (however described), each member of the body is deemed to be a holder of the licence. 2. Non-application of certain provisions to 25 non-declared water systems The amendment of this Act by sections 38(2), 61 and 62 of the Water (Resource Management) Act 2005 does not apply to a water system until the water system becomes a 30 declared water system under a declaration under section 6A. PART 2--CONVERSION OF PART 11 RIGHTS 3. Definition In this Part-- 35 "managing Authority", in relation to a holding, means the Authority responsible for managing the irrigation district in which the holding is situated. 220 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 4. Conversion of water right and domestic and stock right (prior joint right) (1) On and from the appointed day for a water system, the following sub-clauses apply to each 5 prior joint right within the water system. Entitlement to water share (2) The holder of each prior joint right is deemed to be the owner of a water share, deemed to be issued under section 33F-- 10 (a) that authorises water to be taken at the maximum volume that is the sum of-- (i) the volume for the part of the prior joint right that is the prior water right; and 15 (ii) the volume for the part of the prior joint right that is the prior domestic and stock right-- as shown in the relevant prior holdings register (immediately before the 20 appointed day); and (b) that has a class of reliability that is determined in accordance with the conversion rules. Entitlement to water-use licence 25 (3) The holder of each prior joint right is deemed to be, the holder of a water-use licence, deemed to be granted under section 64L, for each combined parcel of land that comprised the holding and for each other parcel of land that 30 comprised the holding, that authorises water to be used-- (a) on that land; and (b) subject to the same conditions as those that applied to the use of water 35 immediately before the appointed day; and (c) subject to an annual use limit determined in accordance with the conversion rules. 221 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 Delivery entitlement (4) The holder of each prior joint right is deemed to be entitled to the service of having water delivered by the managing Authority under 5 section 222(1) (as in force on and from the appointed day)-- (a) to the place or places determined by the Authority in accordance with the conversion rules; 10 (b) at the volume that is the proportion (as specified in the conversion rules) of the volume that is the sum of the volume of the prior water right and prior domestic and stock right immediately 15 before the appointed day, or any other method that is set out in the conversion rules; and (c) during the periods determined by the Authority in accordance with the 20 conversion rules-- and for the purposes of Part 11, the matters determined under paragraphs (b) and (c) are deemed to have been determined under section 223. 25 Ownership of water share (5) If a prior joint right is held by more than one person, the proportions of ownership of the water share by each holder of the right are to be determined in the manner set out in clause 17. 30 5. Conversion of water right only (prior water right) (1) On and from the appointed day for a water system, the following sub-clauses apply to each prior water right within the water system. Entitlement to water share 35 (2) The holder of each prior water right is deemed to be the owner of a water share, deemed to be issued under section 33F-- 222 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (a) that authorises water to be taken at the maximum volume that is the same as that shown for the prior water right in the relevant prior holdings register 5 (immediately before the appointed day); and (b) that has a class of reliability that is determined in accordance with the conversion rules. 10 Entitlement to water-use licence (3) The holder of each prior water right is deemed to be, the holder of a water-use licence, deemed to be granted under section 64L, for each combined parcel of land that comprised the 15 holding and for each other parcel of land that comprised the holding, that authorises water to be used-- (a) on that land; and (b) subject to the same conditions as those 20 that applied to the use of water immediately before the appointed day; and (c) subject to an annual use limit determined in accordance with the conversion rules. 25 Delivery entitlement (4) The holder of each prior water right is deemed to be entitled to the service of having water delivered by the managing Authority under section 222(1)(b) (as in force on and from the 30 appointed day)-- (a) to the place or places determined by the Authority in accordance with the conversion rules; (b) at the volume that is the proportion (as 35 specified in the conversion rules) of the prior water right immediately before the appointed day, or that is determined in accordance with any other method that is set out in the conversion rules; and 223 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (c) during the periods determined by the Authority in accordance with the conversion rules-- and for the purposes of Part 11 of this Act, the 5 matters determined under paragraphs (b) and (c) are deemed to have been determined under section 223. Ownership of water share (5) If a prior water right is held by more than one 10 person, the proportions of ownership of the water share by each holder of the right are to be determined in the manner set out in clause 17. 6. Conversion of domestic and stock allowance (prior domestic and stock right) 15 (1) On and from the appointed day for a declared water system, the following sub-clauses apply to each prior domestic and stock right within the water system. Entitlement to water share 20 (2) The holder of each prior domestic and stock right is deemed to be the owner of a water share, deemed to be issued under section 33F-- (a) that authorises water to be taken at the maximum volume that is the same as that 25 shown for the prior domestic and stock right in the relevant prior holdings register (immediately before the appointed day); and (b) that has a class of reliability that is 30 determined in accordance with the conversion rules. Entitlement to water-use registration (3) The holder of each prior domestic and stock right is deemed to be, the holder of a water-use 35 registration, deemed to be granted under section 64AP, for each combined parcel of land that comprised the holding and for each other parcel of land that comprised the holding, that authorises water to be used-- 40 (a) on that land; and 224 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (b) subject to the same conditions as those that applied to the use of water immediately before the appointed day; and 5 (c) subject to an annual use limit determined in accordance with the conversion rules. Delivery entitlement (4) The holder of each prior domestic and stock right is deemed to be entitled to the service of 10 having water delivered by the managing Authority under section 222(1)(a) (as in force on and from the appointed day)-- (a) to the place or places determined by the Authority in accordance with the 15 conversion rules; (b) at the volume that is the proportion (as specified in the conversion rules) of the prior domestic and stock right immediately before the appointed day, or 20 that is determined in accordance with any other method that is set out in the conversion rules; and (c) during the periods determined by the Authority in accordance with the 25 conversion rules-- and for the purposes of Part 11, the matters determined under paragraphs (b) and (c) are deemed to have been determined under section 223. 30 Ownership of water share (5) If a prior domestic and stock right is held by more than one person, the proportions of ownership of the water share by each holder of the right are to be determined in the manner set 35 out in clause 17. 7. Prior 222(1)(c) sales water agreements (1) On and from the appointed day for a water system, the following sub-clauses apply to each prior 222(1)(c) sales water agreement entered 40 into by the Authority responsible for managing the water system. 225 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 Entitlement to water share (2) The owner of the holding in respect of which the agreement was entered into is deemed to be the owner of a water share, deemed to be issued 5 under section 33F-- (a) that authorises water to be taken at the maximum volume that is the proportion (as specified in the conversion rules) of the volume of the prior water right shown 10 in the prior holdings register (immediately before the appointed day); and (b) that has a class of reliability that is determined in accordance with the 15 conversion rules. Ownership of water share (3) If a prior 222(1)(c) sales water agreement has been entered into in respect of a holding owned by more than one person, the proportions of 20 ownership of the water share by each owner of the holding are to be the same as the proportions determined for each such owner for the prior joint right or prior water right (as the case requires) applying to the holding. 25 8. Holdings to which no rights apply (1) A managing Authority must provide to an applicant under sub-clause (2), the service of delivering to the land specified under sub- clause (2), the volumes of water during the 30 periods determined in accordance with the conversion rules applying to the water system. (2) A person who was, immediately before the appointed day for a declared water system, the owner of a holding that was serviced by the 35 water system, being a holding in respect of which there was no prior water right, prior domestic and stock right or prior joint right, may, within one year of the appointed day for the water system, apply to the managing 40 Authority for the provision of a service under sub-clause (1) to the land that comprised the holding immediately before the appointed day. 226 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 9. Other interest holders (1) On the appointed day for a water system, if the registered proprietor of land in a holding in the water system is a life tenant, the life tenant is 5 deemed to be the holder of a limited term transfer of the water share, in respect of the land, that the owner of the land is deemed to be the holder of under this Schedule. (2) A limited term transfer under sub-clause (1) 10 continues in force, despite any other provision of this Act, until the cessation of the life tenancy. (3) If, immediately before the appointed day for a water system-- 15 (a) a purchaser under a terms contract of a holding in the water system is-- (i) in occupation of the holding; and (ii) entitled to water, on or after that day under the terms of the 20 contract; and (b) the vendor under the contract is on and from the appointed day deemed to be the holder of a water share in respect of the holding under this Schedule-- 25 on and from the appointed day, the purchaser is deemed to be the holder of a limited term transfer, if the Minister, on application, so approves before the appointed day. (4) A limited term transfer under sub-section (3) 30 continues in force for so long as the purchaser is entitled to receive water under the contract. (5) The vendor or purchaser under a terms contract of a holding in a water system may apply to the Minister for approval under sub-section (3), 35 before the appointed day, in the form approved by the Minister. 227 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 10. Water share deemed to be associated water share On and from the appointed day for a water system, a water share in the system that is deemed to be owned by a person-- 5 (a) under clause 4, 5 or 6, is deemed to be determined to be an associated water share under Division 10, that is associated with the land specified in the water-use licence or water-use 10 registration (as the case requires) that that person is deemed to be the holder of under that section; and (b) under clause 7 is deemed to be determined to be an associated water 15 share under Division 10, that is associated with the land specified in the water-use licence that that person is deemed to be the holder of under clause 4, 5 or 6, as the case requires. 20 11. Application of section 64AE For the purposes of Division 6 of Part 4B, a condition that a water-use licence is deemed to be subject to by clause 4, 5 or 6-- (a) is deemed to be a particular condition 25 imposed under Division 5 of Part 4B; and (b) is deemed to have been imposed before any standard water-use condition applying to that licence. 12. Properties deemed to be serviced properties 30 Where, under this Part, an owner of a parcel of land is deemed to be entitled to the service of having water delivered to a place or places determined by a managing Authority for the purposes of use on the parcel of land, the parcel 35 of land is deemed to be a serviced property within the meaning of section 220. 228 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 PART 3--CONVERSION OF OTHER RIGHTS 13. Conversion of take and use licences (1) On and from the appointed day for a water system, the following sub-clauses apply to each 5 take and use licence in force immediately before the appointed day within the water system. Entitlement to water share (2) The holder of each take and use licence is 10 deemed to be the owner of a water share, deemed to be issued under section 33-- (a) that authorises water to be taken at the maximum volume that is the same as the volume shown on the take and use 15 licence immediately before the appointed day; and (b) that has a class of reliability that is determined in accordance with the conversion rules. 20 Entitlement to water-use licence (3) The owner of the land to which each take and use licence relates is deemed to be the holder of a water-use licence, deemed to be granted under section 64L, that authorises water to be used-- 25 (a) on that land; and (b) subject to the same conditions as those that applied to the use or drainage of water under the take and use licence immediately before the appointed day; 30 and (c) subject to an annual use limit determined in accordance with the conversion rules. Entitlements to works licences (4) The holder of each take and use licence that, 35 immediately before the appointed day, authorised the construction, alteration or operation of works, is deemed to be the holder of a licence under section 67 that authorises the 229 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 construction, alteration or operation of any such works, subject to-- (a) any conditions as to the maximum amounts of water which may be taken in 5 any particular periods or circumstances-- (i) that applied under the licence immediately before the appointed day; or (ii) as determined in accordance with 10 the conversion rules-- whichever is the greater; and (b) any conditions of the take and use licence as to-- (i) the installation and use of 15 measuring devices and pumps; and (ii) the operation of any bores or works for extracting water from waterways. Ownership of water share 20 (5) If a take and use licence is held by more than one person, the proportions of ownership of the water share by each holder of the licence are to be determined in the manner set out in clause 18. 25 14. Prior 222(1)(d) sales water agreements (1) On and from the appointed day for a declared water system, the following sub-clauses apply to each prior 222(1)(d) sales water agreement entered into by an Authority to supply water to 30 land from the water system. Entitlement to water share (2) The owner or occupier of the land with whom the agreement was entered into is deemed to be the owner of a water share, deemed to be issued 35 under section 33F-- 230 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (a) that authorises water to be taken at the maximum volume that is the proportion (as specified in the conversion rules) of the volume that is the same as that shown 5 in the licence, immediately before the appointed day; and (b) that has a class of reliability that is determined in accordance with the conversion rules. 10 Ownership of water share (3) If the prior 222(1)(d) right is held by more than one person, the proportions of ownership of the water share by each holder of the right are to be determined in the manner set out in clause 17. 15 15. Water share deemed to be associated water share On and from the appointed day for a water system-- (a) if a water share is deemed to be issued under clause 13 in relation to a take and 20 use licence, the water share is deemed to be determined to be an associated water share under Division 10, that is associated with the land to which the take and use licence applied, in so far as a 25 water-use licence is deemed to be issued under clause 13 in respect of that land; (b) if a water share is deemed to be issued under clause 14 in relation to a prior 222(1)(d) sales water agreement, the 30 water share is deemed to be determined to be an associated water share under Division 10, that is associated with the land to which the agreement applied, in so far as a water-use licence is deemed to 35 be issued under clause 13 in respect of that land. 231 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 16. Conversion of temporary transfers (1) On and from the appointed day for a declared water system, the following sub-clauses apply where a prior water right has been transferred 5 (whether in whole or in part) under section 224 (as in force before the appointed day) for a consecutive period of 3 years immediately preceding the appointed day, where the owner of the land to which the right has been 10 transferred is not the holder of-- (a) a prior joint right or prior water right; or (b) a take and use licence. Entitlement to water-use licence (2) The owner of the land to which such a right has 15 been transferred is deemed to be the holder of a water-use licence that authorises water to be used-- (a) on the land to which the right had been transferred; and 20 (b) subject to the same terms and conditions relating to the use of water as those that applied to the use of the water under the transferred rights, immediately before the appointed day; and 25 (c) subject to an annual use limit determined in accordance with the conversion rules. PART 4--DETERMINATION OF PORTIONS OF OWNERSHIP OF WATER SHARES 17. Determination of portions generally 30 (1) For the purposes of Part 2, the ownership of the persons' water share is deemed to be the same as the ownership of the land that comprised the holding unless-- (a) parcels of land in the holding are owned 35 by different persons or in a different manner; or (b) different mortgages apply to different parcels of land in the holding; or 232 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (c) in the opinion of the Minister, ownership of the whole or a part of the water share cannot be clearly established. (2) Subject to Part 2, where sub-clause (1)(a) or (b) 5 applies, the ownership of the water share is to be determined as agreed between all entitled persons. (3) If-- (a) an agreement has not been reached under 10 sub-clause (2); and (b) 18 calendar months have expired since the appointed day for the water system and an application for arbitration under clause 19 has not been made-- 15 ownership of the water share is to be determined as follows-- (c) the owner of each parcel of land that comprised the holding-- (i) is deemed, in respect of the 20 ownership of that parcel, to hold the water share as a tenant in common, in equal undivided portions with the owner of each other parcel of the land that 25 comprised the holding; and (ii) if there is more than one owner for a portion of the water share those persons own that portion in the same manner as that in which, they 30 hold the parcel of land that entitles them to ownership of that portion of the share. (4) Where sub-clause (1)(c) applies ownership of the water share is to be determined-- 35 (a) as agreed between all entitled parties; or (b) if agreement cannot be reached under paragraph (a), in accordance with the conversion rules. 233 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (5) For the purposes of this section, "mortgage" in relation to land under the Transfer of Land Act 1958, means a recorded mortgage under that Act. 5 18. Determination of portions on conversion of take and use licences (1) If a take and use licence to which clause 13 applies is held by more than one person, the holders of the licence are deemed to own the 10 water share as tenants in common in equal undivided portions (unless sub-clause (2) applies). (2) If a take and use licence to which clause 13 applies is held by an unincorporated 15 association, the ownership of the share is to be determined as agreed between all persons who are members of the association. 19. Arbitration (1) If, within-- 20 (a) a period of 6 calendar months from the appointed day for a water system; or (b) where the conversion rules so provide, any later date determined in accordance with the rules-- 25 the entitled persons have not reached agreement under clause 17 on the proportions of ownership, any of the entitled persons may refer the matter to arbitration in accordance with the Commercial Arbitration Act 1984. 30 (2) If-- (a) within a period of 6 calendar months from the appointed day for a water system; or (b) where the conversion rules so provide, 35 any later date determined in accordance with the rules-- the members of an unincorporated association have not reached agreement under clause 18(2), any member of the association may refer the 40 matter to arbitration in accordance with the Commercial Arbitration Act 1984. 234 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (3) An arbitration under this section must be conducted before a single arbitrator selected by agreement by all the entitled persons, or, in the absence of such an agreement, by the Secretary- 5 General of the Australian Centre for International Commercial Arbitration Limited ACN 006 404 664. (4) The costs of the arbitration are to be borne by all the entitled persons equally, unless 10 otherwise awarded by the arbitrator. 20. Procedure and findings of arbitration (1) The arbitrator must make an award in the matter within 9 calendar months of his or her appointment, unless-- 15 (a) the arbitrator believes there are exceptional circumstances which require a longer period; or (b) all the entitled persons agree to a longer period. 20 (2) The arbitrator may determine the procedures that apply to the arbitration, having regard to the commercial value of the subject matter of the dispute. 21. Matters to be taken into account in making finding 25 In making an award the arbitrator must-- (a) in the case of a dispute under clause 17(3), relating to an amalgamated holding that comprises several parcels of land, have regard to the volume of prior 30 water rights and prior domestic and stock rights of each parcel of land in the holding, before the parcels became part of the holding, and, if the arbitrator considers that the consideration set out 35 above would lead to an unfair or unjust result, have regard to-- (i) any relevant agreements; and 235 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (ii) any transfers under section 226 (as in force before the appointed day), entered into after the parcels of land were amalgamated; and 5 (iii) any other relevant matters; (b) in any other case, have regard to-- (i) any relevant agreements; and (ii) any transfers under section 226 (as in force before the appointed 10 day); and (iii) any other relevant matters. 22. Notification of award of arbitration The arbitrator must give a copy of his or her award in the matter to each entitled person and 15 to the Registrar. 23. Registrar to register ownership in accordance with the award of the arbitrator On receiving a copy of an award under clause 21, the Registrar must record the 20 ownership of the water share in the Water Register in accordance with the award of the arbitrator. PART 5--MORTGAGES 24. Application of Part 25 This Part does not apply to a water share in a declared water system if the volume of water that is to be made available under the water share is 5 megalitres or less. 25. Mortgagee notices and agreements 30 (1) In the case of a mortgage over the whole or a part of any parcel of land where the owner of the whole or a part of the parcel is deemed to be the owner of a water share by the operation of Part 2, the Authority, responsible for managing 35 the irrigation district in which the water system from which the water share is derived is situated, must notify the owner, in the form specified in the conversion rules, of the existence of the mortgage over the land and 236 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 propose that clause 26 should apply to the mortgage. (2) For the purposes of this section, "mortgage" in relation to land under the Transfer of Land 5 Act 1958, means a recorded mortgage under that Act. 26. Conversion of mortgages (1) If an Authority has given a notice under clause 25 to a land owner before the appointed 10 day for a water system, on and from the appointed day for the water system, the mortgage is deemed to become, in addition to being a mortgage over the whole or the part of the parcel of land specified in the mortgage, a 15 mortgage over the water share to secure the debt secured by the mortgage, immediately before the appointed day, subject to the same terms and conditions as those that applied to the mortgage immediately before the appointed 20 day. (2) For the purposes of sub-clause (1)-- (a) where the whole or part of the parcel of land is owned by one person only, and that person owns the water share as a 25 tenant in common with other persons, the mortgage is deemed to be over that person's undivided interest in the water share; or (b) where the whole or the part of the parcel 30 of land is owned by more than one person, and those persons own the water share as tenant in common with other persons, the mortgage is deemed to be over those persons' undivided interest in 35 the water share. (3) For the purposes of this Act, Schedule 12A applies to a mortgage that, under sub-clause (1), is deemed to be over a water share. 237 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (4) Mortgages that are deemed to be over a water share under sub-clause (1) that were previously over the one parcel of land are deemed to rank in the same priority to each other as that in 5 which they were ranked when over the parcel of land. (5) In the case of land not under the Transfer of Land Act 1958, over which there is a mortgage where the mortgagee is the owner of the legal 10 estate, where that mortgage is deemed to become (under sub-clause (1)) (in addition to being a mortgage over the land) a mortgage over a water share, the mortgage over the water share does not take effect as a transfer of the 15 ownership of the mortgage, but takes effect in accordance with the provisions of this Act. PART 6--MISCELLANEOUS CONVERSION ISSUES 27. Works licences 20 On and from the appointed day for a declared water system, a licence under section 67 that relates to a bore or works for extracting water from a waterway in that system where conditions relating to that bore or those works 25 are set out in a take and use licence, is deemed to be subject to-- (a) any conditions as to the maximum amounts of water which may be taken in any particular periods or circumstances 30 from that bore or through those works-- (i) under the take and use licence, as applying immediately before the appointed day; or (ii) as determined in accordance with 35 the conversion rules-- whichever is the greater; and 238 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (b) any conditions as to-- (i) the installation and use of measuring devices and pumps; and (ii) the operation of any bores or 5 works for extracting water from waterways-- under the take and use licence, as applying immediately before the appointed day. 10 28. Continuing operation of registration licences under section 51(1A) Despite a water system becoming a declared water system, any registration licence issued under section 51(1A) in the declared water 15 system is deemed to continue in force. 29. References to rights On and from the appointed day for a declared water system, a reference in any document to-- (a) a prior domestic and stock right (however 20 described in the document) in the water system; (b) a prior water right (however described in the document) in the water system; (c) a prior joint right (however described in 25 the document) in the water system; (d) a prior 222(1)(c) sales water agreement (however described in the document) in the water system; (e) a prior 222(1)(d) sales water agreement 30 (however described in the document) in the water system; (f) take and use licence (however described in the document) in the water system-- is to be taken to be a reference to the water 35 share the holder of that right is deemed to own by the operation of this Schedule. 239 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 30. Amendment of bulk entitlements (1) The Minister, by notice in writing, may make any amendments to a bulk entitlement that are necessary as a consequence of a water system 5 becoming a declared water system. (2) A notice under this section must be made before the appointed day for the declared water system and must come into effect on that day. (3) Notice of the making of a notice under this 10 section must be published in the Government Gazette before or on the appointed day for the water system. (4) A copy of a notice made under this section must be given to the holder of the bulk 15 entitlement before or on the appointed day for the water system. PART 7--UNCONFIRMED WATER SHARES 31. Unconfirmed water shares (1) Where on the appointed day for a declared 20 water system the ownership of a water share is to be determined in accordance with clause 17 or clause 18 and-- (a) agreement has not been reached on the ownership of the share; or 25 (b) ownership of the whole or a part of the share cannot be clearly established-- the ownership of the share under this Schedule is capable of being registered in the Register, subject to the qualification that the details 30 recorded as to the share are unconfirmed. (2) A qualification that is in force under sub- clause (1) remains in force until the ownership is determined-- (a) in accordance with this Schedule; or 35 (b) in accordance with the conversion rules. 240 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 32. Dealings in unconfirmed water shares (1) The following dealings are the only dealings that may take place in relation to unconfirmed water shares-- 5 (a) transfer of ownership of the share under section 33S; (b) limited term transfer of the water share; (c) discharge of a mortgage over the water share. 10 (2) In addition to any requirements applying to the transfer of water shares under Part 3A-- (a) any transfer of ownership of an unconfirmed water share under section 33S does not have effect until the 15 Authority (that is responsible for managing the irrigation district in which the water system in which the water share is issued) approves the transfer, in accordance with any relevant rules made 20 under Part 3A, and notifies the Registrar of that approval; and (b) any limited term transfer of an unconfirmed water share must not be recorded in the water register until the 25 Authority (that is responsible for managing the irrigation district in which the water system in which the water share is issued) approves the transfer, in accordance with any relevant rules made 30 under Part 3A, and notifies the Registrar of that approval. PART 8--CONVERSION PROCEDURES 33. Conversion Rules (1) Before the appointed day for a declared water 35 system, the Minister may-- (a) make a determination setting out the rules that are to apply to the conversion of rights in the water system; and (b) amend any determination made under 40 paragraph (a). 241 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (2) A determination under sub-clause (1) may provide for-- (a) any procedures that an Authority is required to carry out to identify, verify, 5 apportion and calculate information relating to rights to which Part 2, 3, 4, 5 or 6 applies and any matters that are to be determined under Part 2, 3, 4, 5 or 6; and (b) any procedures that the Minister is 10 required to carry out to identify, verify, apportion and calculate information relating to rights to which Part 2, 3, 4, 5 or 6 applies and any matters that are to be determined under Part 2, 3, 4, 5 or 6; and 15 (c) any submission procedures and dispute resolution procedures any Authority, the Minister or the Registrar is required to undertake for the purposes of performing functions under paragraph (a) or (b) 20 (as the case requires); and (d) any other matters that are required or permitted to be set out by this Schedule. (3) A determination under sub-clause (1) comes into operation on the day specified in the 25 determination. (4) A determination under sub-clause (1) must be in writing and notice of the making of the declaration and of the day on which it comes into operation must be published in the 30 Government Gazette. (5) A declaration under sub-clause (1)-- (a) must not be amended, unless to correct any clerical, factual or other inadvertent mistake in the declaration; and 35 (b) must not be revoked. 242 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (6) Before making a determination under sub- clause (1), the Minister must consult with-- (a) the Authority or Authorities responsible for the supply of water from the water 5 system to which the determination relates; and (b) the Registrar. 34. Disclosure of information for purposes of conversion 10 (1) The Registrar of Titles must ensure that all records and information for which the Registrar of Titles is responsible which are necessary to enable-- (a) an Authority to carry out its functions 15 under this Schedule or to give effect to this Schedule; or (b) the Minister to carry out the Minister's functions under this Schedule or to give effect to this Schedule; or 20 (c) the Registrar to carry out the Registrar's functions under this Schedule or to give effect to this Schedule-- are disclosed to the Authority, Minister or Registrar, as the case requires, for those 25 purposes. (2) An Authority must ensure that all records and information for which the Authority is responsible which are necessary to disclose to the Registrar of Titles for the purposes of this 30 Schedule are disclosed to the Registrar of Titles, for those purposes. (3) The Minister must ensure that all records and information for which the Minister is responsible which are necessary to disclose to 35 the Registrar of Titles for the purposes of this Schedule are disclosed to the Registrar of Titles, for those purposes. 243 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (4) The Registrar must ensure that all records and information for which the Registrar is responsible which are necessary to disclose to the Registrar of Titles for the purposes of this 5 Schedule are disclosed to the Registrar of Titles, for those purposes. 35. Offence to provide false or misleading information A person must not knowingly give false or misleading information to an Authority in the 10 course of claiming that that person has a right to which Part 2 or 3 of this Schedule applies. Penalty: 60 penalty units or 6 months imprisonment. PART 9--TARIFFS, FEES AND CHARGES 15 Division 1--Fees under Tariffs 36. Definitions In this Division-- "fee" means the fee imposed under a tariff under Part 13 of this Act; 20 "prior right" means any of the following-- (a) a prior joint right; (b) prior water right; or (c) prior domestic and stock right. 37. Power of Authority to require payment after 25 appointed day The declaration of an appointed day for a water system, is to be taken not to affect the power of an Authority under Part 13 of this Act to obtain payment on or after the appointed day for that 30 part of a fee, imposed by an Authority on a property in respect of a prior right in the water system, that applies to any period before the appointed day. 244 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 38. Application of fees by Authorities after the appointed day (1) If, before the appointed day for a water system, the holder of a prior right in the water system, 5 has made a payment of money to which this section applies to an Authority, the Authority may apply that money, on and after the appointed day, to satisfy any fee imposed for any service provided by the Authority on or 10 after the appointed day to the holder of the prior right in respect of any-- (a) water share; or (b) water-use licence; or (c) delivery service under Part 11-- 15 deemed to be issued, granted or provided in respect of that prior right under this Schedule. (2) In this section, "payment of money to which this section applies" means a payment in satisfaction of a part of a fee imposed by the 20 Authority under a tariff under Part 13 on a property in respect of the prior right, being that part of the fee that applies to a period on or after the appointed day. 39. Evidentiary provision, fees under Part 13 25 (1) If, in any proceedings under this Act or regulations or by-laws made under this Act, the amount of water supplied to a property from a water system during the fee period, is relevant, evidence may be given of the amount of water 30 computed by the Authority having regard to-- (a) any quantity of water supplied to the property concerned before the appointed day; and (b) the total amount of water recorded by a 35 water meter as having been supplied or delivered to that property in that period, both before the appointed day and after the appointed day-- and that evidence, in the absence of evidence to 40 the contrary, is proof of the amount of water supplied or delivered to the property. 245 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (2) In this section, "fee period", in relation to a prior water right, means the period for which a fee is imposed in respect of a property that has water supplied or delivered to it under the prior 5 right and in which the appointed day for the water system from which the water is so supplied or delivered occurs. Division 2--Charges under section 264 40. Power of Authority to require payment after 10 appointed day The declaration of an appointed day for a water system, is to be taken not to affect the power of an Authority under section 264 to obtain payment on or after the appointed day for that 15 part of a fee, fixed by the Authority for a take and use licence in the water system, that applies to any period before the appointed day. 41. Application of fees under section 264 by an Authority after the appointed day 20 (1) If, before the appointed day for a water system, the holder of a take and use licence in the water system, has made a payment of money to which this section applies to an Authority, the Authority may apply that money on and after 25 the appointed day to satisfy any fee-- (a) payable on or after the appointed day in respect of any-- (i) water share; or (ii) water-use licence-- 30 deemed to be issued or granted in respect of that take and use licence under this Schedule; and (b) payable under section 74AA in respect of any works licence under section 67. 35 (2) In this section "payment of money to which this section applies" means a payment in satisfaction of a part of a fee fixed by an Authority under section 264 for the licence, being that part of the fee that relates to any 40 period on or after the appointed day. 246 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 42. Evidentiary provision, fees under section 264 (1) If, in any proceedings under this Act or regulations or by-laws made under this Act, the amount of water taken under a take and use 5 licence in a water system during the fee period for the purposes of the land specified in the licence, is relevant, evidence may be given of the amount of water computed by the Authority having regard to the total amount of water 10 recorded by a water meter as having been taken during the fee period for the purposes of that land, and that evidence, in the absence of evidence to the contrary, is proof of the amount of water taken for the purposes of the land. 15 (2) In this section, "fee period", in relation to a take and use licence, means the period for which a fee is fixed under section 264 in respect of the licence and in which the appointed day for the water system from which 20 water is taken under the licence occurs. Division 3--Fees under Part 4 of this Act 43. Power of Authority to require payment after appointed day The declaration of an appointed day for a water 25 system, is to be taken not to affect the power of the Minister under Part 4 of this Act to obtain payment on or after the appointed day for that part of a fee, fixed by the Minister for a take and use licence in the water system, that applies 30 to any period before the appointed day. 44. Application of fees under Part 4 of this Act by the Minister after the appointed day (1) If, before the appointed day for a water system, the holder of a take and use licence in the water 35 system, has made a payment of money to which this section applies to the Minister, the Minister may apply that money on and after the appointed day to satisfy any fee-- 247 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 (a) payable on or after the appointed day in respect of any-- (i) water share; or (ii) water-use licence-- 5 deemed to be issued or granted in respect of that take and use licence under this Schedule; and (b) payable under section 74AA in respect of any works licence under section 67. 10 (2) In this section "payment of money to which this section applies" means a payment in satisfaction of a part of a fee fixed by the Minister under Part 4 of this Act for the licence, being that part of the fee that relates to any 15 period on or after the appointed day. 45. Evidentiary provision, fees under Part 4 of this Act (1) If, in any proceedings under this Act or regulations or by-laws made under this Act, the amount of water taken under a take and use 20 licence in a water system during the fee period for the purposes of the land specified in the licence, is relevant, evidence may be given of the amount of water computed by the Minister having regard to the total amount of water 25 recorded by a water meter as having been taken during the fee period for the purposes of that land, and that evidence, in the absence of evidence to the contrary, is proof of the amount of water taken for the purposes of the land. 30 (2) In this section, "fee period", in relation to a take and use licence, means the period for which a fee is fixed under Part 4 of this Act in respect of the licence and in which the appointed day for the water system from which 35 water is taken under the licence occurs. 248 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 4--Transitional s. 71 PART 10--MISCELLANEOUS PROVISIONS 46. Transitional provisions--Water (Resource Management) Act 2005 Despite the repeal of section 13 by section 7 of 5 the Water (Resource Management) Act 2005, any qualification made by the Minister under that section before its repeal continues to apply.'. __________________ 249 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Part 5--Amendments to Other Acts s. 72 PART 5--AMENDMENTS TO OTHER ACTS 72. Powers, duties and functions of Authority See: (1) In section 13(1)(p) of the Environment Act No. Protection Act 1970 for "control." substitute 8056. Reprint No. 14 "control; and". 5 as at 1 July 2002 (2) After section 13(1)(p) of the Environment and Protection Act 1970 insert-- amending Act Nos "(q) any power, duty and function conferred on 37/2002, 59/2003, the Authority by any other Act.". 10/2004, 81/2004, 107/2004, 108/2004, 18/2005, 62/2005 and 65/2005. LawToday: www.dms. dpc.vic. gov.au See: 73. Determining the value of land 10 Act No. 6653. After section 5A(3) of the Valuation of Land Act Reprint No. 10 1960 insert-- as at 18 March '(4) For the purposes of sub-section (3), where a 2004 and water share has been determined to be amending associated with any land that is specified in a 15 Act Nos 3/2004, water-use licence or water-use registration 10/2004, under the Water Act 1989, that fact is 71/2004, 108/2004 and deemed to be relevant when determining the 10/2005.. value of that land. LawToday: www.dms. (5) In this section, "water share", "water-use dpc.vic. 20 gov.au licence" and "water-use registration" have the same meaning as in the Water Act 1989. (6) Sub-sections (4) and (5) expire on 1 July 2008.'. 250 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
Water (Resource Management) Act 2005 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 251 551317B.A1-31/10/2005 BILL LA AS SENT 31/10/2005
[Index] [Search] [Download] [Related Items] [Help]