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WATER ACT 1989


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   2A.     Construction of references  
   3.      Definitions  
   4.      Power to declare lake, lagoon, swamp or marsh  
   4A.     The Environmental Water Reserve  
   4B.     Environmental Water Reserve Objective  
   5.      Certain provisions to bind Crown  
   6.      Interstate groundwater agreements to prevail over Act  
   6A.     Power to declare water systems  

   PART 2--RIGHTS AND LIABILITIES

   7.      Continuation of the Crown's rights to water  
   8.      Continuation of private rights to water  
   8A.     Traditional owner agreement for natural resources  
   9.      Authority rights to water  
   10.     Right to construct or operate works  
   11.     Allocation of water right on subdivision  
   12.     Authorisation may be conditional[6]  
   14.     Application  
   15.     Civil liability for unauthorised taking or use of water or for unauthorised works[7]  
   16.     Liability arising out of flow of water etc.[8]  
   17.     Protection from liability[9]  
   18.     Liability for damage caused by escape of water from private dam  
   19.     Jurisdiction of Tribunal  
   20.     Matters to be taken into account in determining whether flow is reasonable or not reasonable  
   21.     Matters to be taken into account with respect to public works  

   PART 3--ASSESSMENT OF AND ACCOUNTING FOR WATER

   22.     Role of Minister  
   22A.    Permissible consumptive volumes  
   22B.    Preparation of a Sustainable Water Strategy  
   22C.    Contents of a Sustainable Water Strategy  
   22D.    Consultative committee—Sustainable Water Strategy  
   22E.    Preparation of a draft Sustainable Water Strategy  
   22F.    Appointment of Panel  
   22G.    Consideration of draft Strategy by the Minister  
   22H.    Publication of Sustainable Water Strategy  
   22I.    Review of Sustainable Water Strategy  
   22J.    Report on Sustainable Water Strategies  
   22K.    Preparation of a program of long-term water resources assessments  
   22L.    Contents of a long-term water resources assessment  
   22M.    Preparation of a draft long-term water resources assessment  
   22N.    Review by Environment Protection Authority  
   22O.    Consideration and publication of long-term water resources assessment  
   22P.    Review following long-term water resources assessment  
   22Q.    Consultative committee for review  
   22R.    Review process  
   22S.    Reporting of panel  
   22T.    Consideration and publication of review  
   22U.    Annual report on long-term water resources assessment  
   22V.    Program of implementation of review  
   23.     Powers of Minister in relation to assessment program[10]  
   24.     Drilling for groundwater  
   25.     Giving of information to Minister  
   26.     Reports on assessment program  
   27.     Declaration of water supply protection area  
   28.     Amendment or abolition of water supply protection area  
   29.     Consultative committee  
   30.     Guidelines for preparation of draft management plans  
   31.     Preparation of draft management plan  
   32.     Overlapping management plans to be taken into account  
   32A.    Management plan  
   32B.    Administration and enforcement of management plan  
   32C.    Report on administration and enforcement of management plan  
   32D.    Public availability of report  
   32E.    Certain plans deemed to be approved management plans  
   32F.    Compensation in certain circumstances  
   32G.    Amendment or revocation of approved management plan  
   32H.    Plan must be available for inspection  
   33.     Definitions  
   33AAA.  Temporary qualification of rights to water  
   33AAB.  Permanent qualification of rights to water  
   33AAC.  Procedures applying to qualifications  
   33AAD.  Conditions on certain qualifications  
   33A.    Power to enter land  
   33B.    Compensation  
   33C.    Right to take water for domestic and stock use from a State observation bore  
   33D.    Offence to interfere etc. with State observation bore  

   PART 3AA--VICTORIAN ENVIRONMENTAL WATER HOLDER

   33DA.   Definitions  
   33DB.   Victorian Environmental Water Holder  
   33DC.   Objectives of the Water Holder  
   33DD.   Functions of the Water Holder  
   33DE.   Powers of the Water Holder  
   33DF.   Constitution of the Water Holder  
   33DG.   Terms and conditions of appointment  
   33DH.   Removal of Commissioners  
   33DI.   Acting Commissioners  
   33DJ.   Declaration of pecuniary interests  
   33DK.   Payment of Commissioners  
   33DL.   Meetings of the Water Holder  
   33DM.   Staff  
   33DN.   Consultants  
   33DO.   Water Holder Trust Account  
   33DP.   Delegation  
   33DQ.   Application of Public Administration Act 2004  
   33DR.   Application of Financial Management Act 1994  
   33DS.   Ministerial directions  
   33DT.   Reporting requirements  
   33DU.   Recording requirements  
   33DV.   Preparation of corporate plan  
   33DW.   Variation of corporate plan during operation of plan  
   33DX.   Seasonal watering plans  
   33DY.   Seasonal watering statements  
   33DZ.   Water Holder may request information relating to water season  
   33DZA.  Ministerial rules relating to Water Holder  

   PART 3A--WATER SHARES

   33E.    Offence to take water without authorisation  
   33F.    Issuing and nature of water shares  
   33G.    Matters the Minister must determine in issuing a water share  
   33H.    Matters Minister must specify in issuing water share  
   33I.    Circumstances in which Minister must not issue a share  
   33J.    Matters to be considered in issuing certain water shares  
   33K.    Matters to be considered in issuing water shares on interstate applications  
   33L.    Application for water share  
   33M.    Applications for water shares by holders of interstate right  
   33N.    Minister to defer application where area is proposed to be a water supply protection area  
   33O.    Minister to advise applicant of decision  
   33P.    Sale of water shares by Minister  
   33Q.    Power of Minister to vary water shares  
   33R.    Applications for variation of water shares  
   33S.    Transfer of ownership of water share  
   33T.    Limited term transfers of rights to future water allocations under water shares  
   33TA.   Standing directions as to future water allocations under water shares  
   33TB.   Ministerial approval of revocation of standing direction  
   33U.    Assignment of water allocation  
   33V.    Further assignment of water allocation  
   33W.    Offence to give a transfer, standing direction or assignment without Ministerial approval  
   33X.    Ministerial approval  
   33Y.    Division of water shares  
   33Z.    Consolidation of water shares  
   33AA.   Surrender of water share  
   33AB.   Cancellation where interstate rights are obtained  
   33ABA.  Cancellation where rights outside declared water system are obtained  
   33AC.   Water allocations  
   33AD.   Declaration for taking of water allocation under water share in subsequent water season  
   33AE.   Interstate agreement as to dealings in water rights  
   33AF.   Offence to take interstate water without approval of Minister  
   33AG.   Approval of Minister to taking of interstate water  
   33AH.   Offence to take water under a water allocation outside the associated water system without approval of Minister  
   33AI.   Approval of Minister to taking of water outside water system  
   33AJ.   Service provision fees  
   33AK.   Fee to be a charge over water share  
   33AL.   Determination as to water share being an associated water share  
   33AM.   Matters to be considered in making of the determination as to associated water shares  
   33AN.   Determination as to cessation as associated water share where no works etc. available  
   33AO.   Revocation of associated water share determination by Minister  
   33AP.   Revocation of associated water share determination on application  
   33AQ.   Applications for and notices of determinations under this Division  
   33AS.   Obligations for water share owners on cessation of ownership or occupation of land  
   33AV.   Effect of death of owner or holder of certain other interests  
   33AVA.  Effect of death of person who holds a water allocation  
   33AW.   Applications under this Part  
   33AX.   Application for Tribunal to review certain decisions of Minister as to water shares  
   33AY.   Time for making application  
   33AZ.   Rule making powers for water shares  

   PART 4--ALLOCATION OF WATER

   34.     Definition and disallowance  
   34A.    Grant of bulk entitlement  
   34B.    Authorisation of entitlement  
   35.     Applications for conversion of pre-existing entitlements  
   36.     Application for bulk entitlement  
   38.     Advertisement etc. of application  
   39.     Appointment of panel  
   40.     Matters to be taken into account  
   41.     Application to be deferred in certain circumstances  
   42.     Determination of application  
   43.     Order granting entitlement  
   43A.    Appointment of resource managers and environmental managers  
   44.     Amendment of entitlement by Order  
   44A.    Amendment of entitlement where water allocated to environmental entitlement  
   44B.    Cancellation of bulk entitlement where water to be transferred to environmental entitlement  
   45.     Minor amendment of bulk entitlement by notice  
   46.     Assignment of water allocation  
   46A.    Further assignment of water allocation  
   46B.    Offence to give an assignment without Ministerial approval  
   46C.    Ministerial approval  
   46D.    Transfer of bulk entitlement  
   46E.    Ministerial approval for transfer  
   46F.    Sale of bulk entitlement  
   46G.    Effect of transfer of bulk entitlement  
   47.     Conversion of existing entitlements  
   47A.    Compliance with terms of bulk entitlement  
   47B.    Minister may request application  
   47C.    Application for conversion of licences or water shares to bulk entitlements  
   47CA.   Minister may convert licence or water share to bulk entitlement  
   47CB.   Effect of conversion  
   47D.    Minister may sell unallocated water  
   47DA.   Declaration for taking of water allocation under bulk entitlement in subsequent water season  
   47E.    Rule making powers for bulk entitlements  
   48A.    Definitions  
   48B.    Allocation of environmental entitlement  
   48BA.   Authorisation of entitlement  
   48C.    Requirements as to making of allocation  
   48D.    Advertisement etc. of request  
   48E.    Appointment of panel  
   48F.    Matters to be considered  
   48G.    Determination of request  
   48H.    Procedures required in determining request  
   48I.    Requirements as to instrument allocating entitlement  
   48J.    Conditions relating to entitlements  
   48K.    Amendment of entitlement by the Minister  
   48KA.   Water allocations may be applied for other environmental entitlements  
   48L.    Assignment of water allocation  
   48M.    Further assignment of water allocation  
   48MA.   Declaration for taking of water allocation under environmental entitlement in subsequent water season  
   48N.    Offence to give an assignment without Ministerial approval  
   48O.    Ministerial approval  
   48OA.   Transfer of environmental entitlement  
   48OB.   Ministerial approval for transfer  
   48OC.   Sale of environmental entitlement  
   48OD.   Effect of transfer of environmental entitlement  
   48OE.   Application for conversion of licences or water shares to environmental entitlements  
   48OF.   Minister may convert licence or water share to environmental entitlement  
   48OG.   Effect of conversion  
   48P.    Rule making powers for environmental entitlements  
   48PA.   Applications under this Division  
   49.     Advertisement etc. of application  
   50.     Appointment of panel  
   51.     Licence to take and use water  
   51AA.   Amendment of original registration licences and issue of new registration licences in certain circumstances  
   51AB.   Issue of new registration licences in certain circumstances  
   51A.    Surrender of registration licence  
   51B.    Application to go to certain bodies  
   51C.    Bodies must consider application  
   52A.    Criteria to determine maximum volume of water use for certain licence applications  
   53.     Matters to be taken into account  
   54.     Minister to defer application in certain circumstances  
   55.     Determination of application  
   56.     Conditions of licence  
   57.     Sale of licence by Minister  
   58.     Renewal of licence  
   59.     Amendment of licence issued under section 51(1), or a registration licence, on motion of Minister  
   59A.    Amendment of licence issued under section 51(1), or a registration licence, on application of licence holder  
   59B.    Procedure applying to application  
   59C.    Ministerial consideration of application  
   60.     Revocation of licence  
   61.     Surrender of licence  
   61A.    Cancellation of licence where water share obtained in declared water system  
   62.     Transfer of licence  
   62A.    Declaration for taking of water under a licence in subsequent water season  
   63.     Offence[12]  
   64.     Review of decisions  
   64AAA.  Rule making powers for licences under section 51  
   64F.    Records and reports of transfers  
   64GA.   Appointment of Authorities to be responsible for seasonal determinations  
   64GB.   Seasonal determinations by Authorities  

   PART 4A--DELIVERY OF INTERSTATE WATER

   64H.    Temporary supply of interstate water  
   64I.    By-laws about temporary supply of interstate water  

   PART 4B--WATER-USE LICENCES AND WATER USE REGISTRATIONS

   64J.    Offence to use water for certain purposes on land without licence  
   64K.    Further offence for use of water in certain cases  
   64L.    Power to grant water-use licences  
   64M.    Matters to be considered in granting water-use licences  
   64N.    Obligation not to grant licence in certain circumstances  
   64O.    Applications for water-use licences  
   64P.    Form of application  
   64Q.    Referral of application  
   64R.    Licence fees  
   64S.    Change of ownership of specified land  
   64T.    Objectives as to water use  
   64U.    Matters that objectives may provide for  
   64V.    Recommendations by Catchment Management Authorities  
   64W.    Revoking or amending determinations as to objectives  
   64X.    Notification and effect of determinations as to objectives  
   64Y.    Standard water-use conditions  
   64Z.    General provisions applying to standard water-use conditions  
   64AA.   Recommendations by Catchment Management Authorities  
   64AB.   Revoking or amending determinations as to standard water‑use conditions  
   64AC.   Notification and effect of determinations as to standard water‑use conditions  
   64AD.   Particular conditions on water-use licences  
   64AE.   Effect of inconsistency between standard water-use conditions and other conditions on licences  
   64AF.   Offence to fail to comply with licence condition  
   64AG.   Variation of water-use licences on motion of Minister  
   64AH.   Variation of water-use licence on application of licence holder  
   64AI.   Form of applications for variation  
   64AJ.   Suspension of water-use licence  
   64AK.   Revocation of water-use licence  
   64AL.   Cancellation of water-use licence on motion of the Minister  
   64AM.   Other powers to cancel water-use licences  
   64AN.   Application for review of Minister's decisions as to licences  
   64AO.   Time period for making an application for review  
   64APAA. Definition  
   64AP.   Power to register water uses  
   64AQ.   Matters to which a Minister must have regard in registering use  
   64AR.   Applications for water-use registrations  
   64AS.   Change of ownership of land specified in registration  
   64AT.   Condition on water-use registrations as to annual use limit  
   64AU.   Variation of water-use registrations on application  
   64AV.   Cancellation of water-use registration on motion of the Minister  
   64AW.   Other powers to cancel water-use registrations  
   64AX.   Application for review of Minister's decisions as to registrations  
   64AY.   Time period for making an application for review  
   64AZ.   Rule making powers for water‑use licences and water-use registrations  

   PART 5--WORKS

   65.     Advertisement etc. of application  
   66.     Appointment of panel  
   67.     Licence to construct works etc.  
   67A.    Application to go to certain bodies  
   67B.    Bodies must consider application  
   68.     Matters to be taken into account  
   69.     Determination of application  
   70.     Other permits etc. still necessary  
   71.     Conditions on which licence may be issued  
   72.     Renewal of licence  
   73.     Amendment of licence  
   73A.    Amendment of conditions on works licences  
   74.     Transfer of licence  
   74A.    Annual charge for surveillance etc.  
   74AA.   Licence fees for works licences  
   75.     Offences[14]  
   76.     Power of Minister to approve underground disposal[15]  
   77.     Other permits etc. still necessary  
   78.     Power of Minister to give directions[17]  
   79.     Power of Minister to give direction to bore occupier[18]  
   80.     Power to give directions concerning dams  
   80A.    Design criteria etc. for re-use dams  
   81.     Power of Minister to carry out works[20]  
   82.     Compensation  
   83.     Review of decisions  
   84.     Penalties  

   PART 5AA--LEVEE MAINTENANCE ON CROWN LAND

   84AAA.  Definitions  
   84AAB.  What a levee maintenance permit authorises  
   84AAC.  Application  
   84AAD.  Referral of application to land manager  
   84AAE.  Determination of application  
   84AAF.  Matters to be set out in permit  
   84AAG.  Conditions of levee maintenance permit  
   84AAH.  Period a levee maintenance permit is in effect  
   84AAI.  Application  
   84AAJ.  Referral of application to land manager  
   84AAK.  Determination of application  
   84AAL.  Variation of conditions on Minister's initiative  
   84AAM.  Referral of proposal to land manager in certain circumstances  
   84AAN.  Revocation of permit  
   84AAO.  Payment to land manager of portion of application fee  

   PART 5A--VICTORIAN WATER REGISTER

   84A.    Object of Part  
   84B.    Purpose of water register  
   84C.    Responsibilities for water register  
   84D.    Form and manner of keeping water register  
   84E.    Disclosure of information  
   84EA.   Functions of Minister as to water register  
   84F.    Employment of Registrar and staff  
   84G.    Registrar's functions  
   84H.    Delegation  
   84I.    What is recorded in the water register about water shares?  
   84J.    Recording of transfers  
   84JA.   Recording of surrender of limited term transfer  
   84K.    Recording of legal personal representatives  
   84L.    Recording of survivor of joint ownership or holding  
   84M.    Recording of trustee of bankrupt  
   84N.    Recording of mortgages  
   84O.    Electronic lodgement system  
   84P.    Recording and incorporation of common provisions  
   84Q.    Priority of recordings  
   84R.    What is recorded in the water register about water-use licences?  
   84S.    What is recorded in the water register about water‑use registration?  
   84T.    What is recorded in the water register about bulk entitlements?  
   84U.    What is recorded in the water register about environmental entitlements?  
   84V.    What is recorded in the water register about works licences?  
   84VA.   What is recorded in the water register about licences to take and use water?  
   84W.    What must an Authority record in the part of the water register for which it is responsible?  
   84WA.   What must a Rural Water Authority record in the part of the water register for which it is responsible?  
   84WB.   What is recorded in the water register about standing directions?  
   84X.    What information is available from the water register?  
   84Y.    Suppression of certain personal records and information  
   84Z.    Rights of review  
   84ZA.   Searching the water register  
   84ZB.   Correction and amendment of water register  
   84ZC.   Notification of parties  
   84ZD.   Power to require statutory declarations  
   84ZE.   Recording body may require proof of identity  
   84ZF.   Recording body may require production of documents  
   84ZG.   Monetary consideration to be stated in transfer  
   84ZH.   Method of giving of notices  
   84ZI.   Approved forms  
   84ZJ.   Power to remit fees  
   84ZK.   Certificates and evidentiary effect  
   84ZL.   False or misleading information  
   84ZM.   Making false entries etc. in water register  

   PART 6--WATER CORPORATIONS

   85.     Establishment of water corporations  
   86.     Application of Public Administration Act 2004  
   87.     Restructuring of water corporations  
   88.     Abolition of water corporations  
   89.     Publication of determinations as to establishment, restructuring and abolition  
   90.     Effect of Schedule 2  
   91.     Appointment of administrator  
   92.     Functions, powers and duties of water corporations  
   93.     Sustainable management principles for water corporations  
   94.     Business objective for water corporations  
   95.     Board of directors  
   96.     Other duties not affected  
   97.     Appointment of members of board of directors  
   98.     Terms and conditions of appointment of members of board of directors  
   99.     Managing Director  
   100.    When a member of the board of directors of a water corporation ceases to hold office  
   101.    Removal from office of member of the board of directors  
   102.    Acting Managing Director  
   103.    Removal of managing director  
   104.    Chairperson  
   105.    Deputy chairperson  
   106.    Acting appointments  
   107.    Validity of decisions  
   108.    Improper use of information  
   109.    Effect of pecuniary interests  
   110.    What constitutes a pecuniary interest?  
   111.    Pecuniary interest does not prevent voting and consideration of some questions  
   112.    Effect of finding of guilt for offence against section 109  
   113.    Submission of returns by members of the board and nominated officers  
   114.    Information to be disclosed in primary and ordinary returns  
   115.    Water corporation to maintain register  
   116.    Contracts of insurance  
   117.    Allowances  
   118.    Expenses  
   119.    Employment of officers of water corporations  
   120.    Meetings and proceedings at meetings of the boards of directors  
   121.    Validity of decisions of board of directors of water corporation  
   122.    Special meetings  
   122A.   Resolutions without meetings  
   122B.   Powers of delegation of water corporations  
   122C.   Committees established by the board of directors of a water corporation  
   122D.   Incorporated committees  
   122E.   Regulation making powers  
   122F.   Additional function of Central Gippsland Region Water Corporation  

   PART 6A--DISTRICTS AND LAND MANAGEMENT AREAS

   122GAA. Ministerial determination of water or sewerage districts  
   122GAB. Variation or abolition of district  
   122GAC. Procedural requirements before making determination  
   122GAD. Considerations in making determination  
   122G.   Continuation of districts  
   122H.   Waterway management district of Melbourne Water Corporation  
   122I.   Transfer of assets on inclusion or diminution of land in waterway management district of Melbourne Water Corporation  
   122IA.  Districts of City West Water Corporation  
   122IB.  Districts of South East Water Corporation  
   122IC.  Districts of Yarra Valley Water Corporation  
   122J.   New irrigation districts  
   122K.   New waterway management districts  
   122L.   Non application of this Division  
   122M.   Submission of proposal for establishment or extension of district  
   122O.   Form of proposal  
   122P.   Advertising proposal  
   122Q.   Submissions  
   122R.   Final determination of Authority  
   122S.   Ministerial determination  
   122T.   Ministerial declaration  
   122X.   Non application of this Division  
   122Y.   Power of Authorities to change districts  
   122Z.   Power of Minister to change districts  
   122ZA.  Environmental and recreational areas  
   122ZB.  Functions of Authority in area  
   122ZC.  Contributions by public authorities  
   122ZD.  Revenue from land  
   122ZE.  Limitation of exercise of powers under this Division  
   122ZF.  Regulation making powers as to areas  

   PART 6B--DUTIES OF WATER CORPORATIONS

   122ZG.  Customer dispute resolution  
   122ZH.  Dividends  
   122ZI.  Repayment of capital  
   122ZJ.  Information to be included in annual report  

   PART 6C--STORAGE MANAGERS

   122ZK.  Appointment of storage managers  
   122ZL.  Functions of storage managers  
   122ZM.  Management agreements for water storages  
   122ZN.  Powers for storage managers to charge fees  

   PART 7--GENERAL POWERS

   123.    Powers of Authorities  
   124.    Particular powers of Authorities  
   124A.   Obligations of Port Phillip and Westernport Catchment Management Authority in relation to Yarra River land  
   125.    Accountability of Authorities  
   126.    Contracts and agreements  
   127.    Commercial ventures  
   128.    Accident insurance  
   129.    Intellectual property  
   130.    Acquisition of land  
   131.    Management of Crown land  
   132.    Other dealings with land  
   133.    Power to enter land  
   134.    Obligations in relation to entry of land  
   135.    Powers under Land Acquisition and Compensation Act 1986  
   136.    Subdivisional easements and reserves  
   137.    Works on a road  
   137A.   Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock  
   137B.   Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock  
   137C.   Notification of Authorities before railway operations carried out  
   138.    Ownership of works  
   139.    Abandonment of major works  
   139A.   Submission of proposal for approval of the abandonment or decommissioning of major works  
   139B.   Notification of proposal to approve the abandonment or decommissioning of major works  
   139C.   Submissions on proposal  
   139D.   Authority to consider submissions  
   139E.   Appointment of panel by Minister  
   140.    Preparation and inspection of plans  
   141.    Authority may reduce, restrict or discontinue water supply[22]  
   141A.   Circumstances in which Melbourne Water Corporation to continue water supply  
   142.    Water meters  
   143.    Waste and misuse of water supply[23]  
   144.    Serviced properties  
   144A.   Serviced property, Melbourne Water Corporation  
   145.    Control over connections[24]  
   146.    Diversion into works of an Authority  
   147.    Notice to connect  
   148.    Structures over works  
   149.    Removal of trees[26]  
   150.    Notice to repair[27]  
   151.    Notice of contravention[28]  
   152.    Notice of intention to affect works  
   153.    Notice to alter or remove works[29]  
   154.    Determination of disputes[30]  
   155.    Compensation for damage  
   155A.   Compensation for loss of services on declaration of cessation  
   156.    Authority may send water into waterway etc.  
   157.    Liability of Authorities arising out of flow of water[31]  
   158.    Information statements  
   159.    Notice of disposition of land  
   159A.   Requirement to make emergency management plan  
   159B.   Variation of plan  
   159C.   Publication and effect of plan  
   159D.   Review of plan at request of Minister  
   159E.   Emergency  
   160.    By-laws  
   161A.   Limitation of exercise of powers under this Part  

   PART 7A--RECONFIGURATION PLANS

   161B.   Definitions  
   161BA.  Reconfiguration plans  
   161C.   Contents of reconfiguration plans  
   161D.   Draft plans for reconfiguration of infrastructure  
   161E.   Directions of Minister as to reconfiguration plans  
   161F.   Adoption of reconfiguration plans by Authority  
   161G.   Approval of reconfiguration plans by the Minister  
   161H.   Appointment of Panel  
   161I.   Approval and notification of plan  
   161J.   Termination of services to properties consequent on plans for reconfiguration  
   161K.   Plans by agreement  

   PART 8--WATER SUPPLY

   162.    Application of this Division  
   163.    Functions of Authorities  
   164.    Exercise of functions of Authority outside its district  
   165.    Fire plugs and free water  
   167.    Power to enter land for water supply protection  
   168.    Immediate action for water supply protection  
   169.    Notice of contravention for water supply protection  
   170A.   Preparation and adoption of permanent water saving plan  
   170B.   Variation of plan  
   170C.   Major deviations from plan  
   170CA.  Requirement to publish permanent water saving plan  
   170D.   Copy of plan  
   170E.   Implementation of plan  
   170F.   Contravention of plan  
   170G.   Inconsistency  
   171.    By-laws  
   171B.   Water supply function of Melbourne Water Corporation  
   171C.   System access  
   171D.   Fire plugs and free water—Melbourne Water Corporation  
   171E.   Power to enter land for water supply protection  
   171F.   Notice of contravention for water supply protection  
   171G.   Immediate action for water supply protection  
   171H.   By-laws  
   171I.   Obligations of Melbourne Water Corporation in relation to Yarra River land  

   PART 9--SEWERAGE

   172.    Definitions  
   173.    Functions of Authorities  
   174.    Exercise of functions of Authority outside its district  
   175.    New works  
   176.    Compensation not payable in certain cases  
   177.    Testing etc. of waste  
   178.    Protection of sewers[33]  
   179.    Special sewerage services  
   180.    Septic tank permit applications  
   181.    By-laws about trade waste  
   182.    Enforcement of agreement  
   183.    Powers in relation to septic tanks  
   184.    By-laws about private works and septic tank systems  
   184A.   Sewerage functions of Melbourne Water Corporation  
   184B.   Application of certain provisions of Division 1 of Part 9  

   PART 10--WATERWAY MANAGEMENT

   185.    Application of this Part  
   186.    Exercise of functions of Authorities  
   186A.   Statements of obligations of Authorities with waterway management functions  
   187.    Application of Division  
   188.    Designated waterways and designated land or works  
   188A.   Designated waterways, land or works—Melbourne Water Corporation  
   189.    Functions of Authorities  
   190.    Preparation of regional waterway strategies  
   191.    Approval of regional waterway strategies  
   192.    Variation of regional waterway strategies during operation of strategy  
   192A.   Seasonal watering proposals  
   193.    Closing of access by Authorities  
   194.    Works that interfere with designated land or works[34]  
   195.    Control over connections and discharges[35]  
   196.    Owner finance  
   197.    Finance for increased use of services  
   197A.   Ministerial rules for regional waterway strategies and seasonal proposals  
   198.    Application of Division  
   199.    Functions of Authorities  
   200.    Control over diversion of drainage water[36]  
   201.    Application of Division  
   202.    Floodplain management functions  
   203.    Declarations by Authorities  
   204.    Adoption of flood level  
   205.    Declarations by the Minister  
   206.    Notice of declarations  
   207.    Review of declarations  
   208.    Control of works and structures[37]  
   209.    Removal of existing works and structures  
   210.    Compensation  
   211.    Indemnities  
   212.    Availability of information  
   213.    Functions of the Minister  
   214.    Investigations  
   215.    Water management schemes  
   216.    Approval of schemes  
   217.    Removal or modification of works  
   218.    Drainage courses[38]  
   219.    By-laws  

   PART 11--IRRIGATION

   220.    Definitions and application  
   221.    Functions of Authorities under this Part  
   222.    General powers and duties of Authorities under this Part  
   223.    Authority to determine volumes and periods of delivery  
   224.    Variation of delivery determinations on application  
   225.    Variation of delivery determination on motion of Authority  
   226.    Determination to transfer volume or periods  
   227.    Authority to fix terms and conditions for the service of delivering water  
   228.    Ministerial directions  
   229.    Declaration that property not to be serviced property  
   230.    Form of applications under this Part  
   231.    Authority may reduce, restrict or discontinue delivery of water  

   PART 12--ACCESS OVER LANDS

   233.    Definitions and application  
   234.    Access by agreement  
   235.    Access without agreement  
   236.    Registration of right of access  
   237.    Revocation or variation of right of access  
   238.    Maintenance of works  
   239.    Breaking up roads in maintaining etc. works  
   240.    Penalty for obstructing works  
   241.    Notice that right of access is sought over public land  
   242.    Joint rights of access  
   243.    Costs of investigations  
   244.    Community drainage and salinity schemes  
   245.    Powers of committee  
   246.    Powers of Corporation and councils for community schemes  

   PART 13--FINANCE AND ACCOUNTABILITY

   247.    Corporate plans  
   248.    Statement of corporate intent: contents  
   249.    Inspection of corporate plans  
   250.    Board to notify Minister and Treasurer of significant affecting events etc.  
   251.    Report on achievement of corporate plan  
   252.    Use of income  
   253.    Investment  
   253A.   Payments by Treasurer in 1997/98  
   254.    Borrowing powers of Authorities  
   255.    Securities and guarantees  
   256.    Investment by public bodies  
   257.    Definitions  
   258.    Properties subject to tariff  
   259.    Tariffs  
   260.    Setting a tariff  
   260A.   Limits on power of certain Authorities to set tariffs  
   261.    Valuation equalisation factor  
   262.    Valuations  
   263.    Supplementary valuations  
   263A.   Liability of owners corporation or lot owners for fees for services supplied to subdivision  
   264.    Power to charge  
   264A.   Authority may charge for securing bulk entitlements  
   265.    Charges for property that is not rateable[39]  
   266.    Application for review  
   266A.   Definition  
   267.    Operation of Division  
   268.    Authority may require payment[40]  
   269.    Contributions for increased services[41]  
   270.    Payments on connection[42]  
   271.    Review of required payments  
   272.    Authority may require further payment  
   273.    When payment is due  
   273AA.  Application of Division  
   273A.   Liability of occupier  
   273B.   Vacation of property  
   274.    Payment to Authorities  
   274A.   Application of payments made to metropolitan water corporations  
   275.    Person who acquires property is liable  
   277.    Recovery as between owner and occupier  
   281.    Interest on unpaid money[43]  
   281A.   Agreements with respect to collection of fees under tariffs  
   281B.   Recovery of fees under tariffs  
   281C.   Inspection of rate records  
   282.    Deferred payment  
   283.    Waiver  
   284.    Reimbursement by State  
   285.    Pre-requisites for requirement of contribution  
   286.    Authorities may require contributions from councils and other Authorities  
   287.    Authorities may require special contributions  
   287A.   Minister may require payment of charge  
   287B.   Disposal of water shares for unpaid contributions, fees and other amounts  
   287C.   Application of proceeds  
   287D.   Sale or transfer cancels encumbrances  

   PART 13A--PROCESS FOR TRANSFER OF PROPERTY ETC. OF AUTHORITIES

   287E.   Definitions  
   287F.   Requirements for preparation of allocation statement  
   287G.   Amendment of allocation statement  
   287H.   Property transferred in accordance with allocation statement  
   287I.   Staff transferred in accordance with allocation statement  
   287J.   Allocation of property etc. subject to encumbrances  
   287K.   Certificate of managing director  
   287L.   Value of transferred property  
   287M.   Substitution of party to agreement  
   287N.   Former transferor instruments  
   287O.   Proceedings  
   287P.   Interests in land  
   287Q.   Easements  
   287R.   Amendment of Register  
   287S.   Taxes  
   287T.   Evidence  
   287U.   Validity of things done under this Part  

   PART 13B--PROCEDURES FOR MAKING BY-LAWS

   287V.   Definitions  
   287W.   Authorities required to use certain procedures when making by‑laws  
   287X.   Requirements for Minister when issuing model by‑laws  
   287Y.   Minister to give notice of proposed model by-law  
   287Z.   Inspection of proposed model by-law  
   287ZA.  Submissions on model by-laws  
   287ZB.  Issuing of model by-laws  
   287ZC.  Making and giving of notice of making of by-law using model by-law  
   287ZD.  Obligation of Authorities when exercising by-law making power  
   287ZE.  Authority to give notice of proposed by‑law  
   287ZF.  Inspection of proposed by-law  
   287ZG.  Submissions on by-laws  
   287ZH.  Consideration and Ministerial approval  
   287ZI.  Making and giving of notice of making  
   287ZJ.  Effect of by-laws  
   287ZK.  Inspection of by-laws  
   287ZL.  Automatic revocation of by-laws  

   PART 14--ENFORCEMENT

   288.    Interference etc. with Authority's property[44]  
   289.    Wrongful taking etc. of water[45]  
   290.    Uncovering or exposing works[46]  
   291.    Trespass  
   291A.   Appointment of authorised water officers  
   291B.   Identification of authorised water officers  
   291C.   Offence to impersonate authorised water officer  
   291D.   Authorised water officer may require person to state name and address  
   291E.   Entry with warrant  
   291F.   Announcement before entry  
   291G.   Details of warrant to be given to occupier  
   291H.   Seizure of things not named in the warrant  
   292AA.  Interpretation  
   292.    Offence of obstructing etc. officers  
   293.    Power to require person to state name and address  
   294.    Occupier or manager required to state owner's etc. name and address  
   295.    Higher penalty for certain offences in certain circumstances  
   295A.   Power to issue infringement notices  
   296.    Prosecutions  
   297.    Offences by corporations and partnerships etc.  
   298.    Application of penalties  
   299.    Civil remedies not affected by bringing of proceeding  
   300.    Proof of certain matters not required  
   301.    General evidentiary provisions  
   302.    Use of analyst's certificate in prosecutions  
   303.    Authentication of documents  
   303A.   Issues of evidence and proof  
   304.    Service of documents on an Authority  
   305.    Service of documents by an Authority  

   PART 14A--VICTORIAN WATER TRUST ADVISORY COUNCIL

   305AA.  Definition  
   305BB.  Establishment of Victorian Water Trust Advisory Council  
   305CC.  Functions of the Council  
   305DD.  Powers of the Council  
   305EE.  Constitution of the Council  
   305FF.  Terms and conditions of appointment of members  
   305GG.  Temporary vacancies  
   305HH.  Meetings  

   PART 15--GENERAL

   305A.   Application to Tribunal for declaration  
   305B.   Matters Tribunal must take into account in review proceedings  
   305C.   Incorporation of documents in certain orders or other instruments  
   305D.   Validation of certain orders or other instruments  
   306.    Power of Minister to delegate  
   307.    Power of Minister to give directions  
   307A.   Reimbursement of cost of complying with directions  
   308.    Power of Minister to exempt  
   309.    Powers of the Minister in enforcing certain Parts of this Act  
   310.    Establishment of Drillers' Licensing Board  
   311.    Application for licence  
   312.    Board may grant licence  
   313.    Licences may be revoked or suspended  
   314.    Register of licences  
   315.    Term of licence  
   316.    Requirement that licensed driller carry out work  
   317.    Appeals  
   318.    Advisory committees established by Minister  
   319.    Department Head  
   321.    Officers appointed or transferred to Authorities  
   322.    Guidelines as to terms and conditions of employment  
   323.    Saving of rights of public servants appointed to Authorities  
   323A.   Supreme Court—limitation of jurisdiction  
   324.    Regulations  
   325A.   Effect of Schedule 15  
   326.    Savings and transitionals  
   330.    Transitional provisions for removal of power to set fees under tariffs  
   330A.   Effect of Schedule 16  
   330B.   Effect of Schedule 17  
   330C.   Corporations Act displacement provision  
   331.    Transitional provisions—Water (Irrigation Farm Dams) Act 2002  
   332.    Transitional and validation provision—Longwarry Drainage Trust  
   333.    Amendment of Register  
   334.    Certificate as to land taken over by another body  
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 12A
           SCHEDULE 12B
           SCHEDULE 15
           SCHEDULE 16
           SCHEDULE 17
           ENDNOTES


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