WATER ACT 1989

Victorian Current Acts

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WATER ACT 1989

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
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
5A. Relationship with the Traditional Owner Settlement Act 2010
6. Interstate groundwater agreements to prevail over Act
6AA. Extraterritorial operation of Act
6A. Power to declare water systems
6B. Power to declare zones in water systems
6C. Power to declare rationing areas

PART 2--RIGHTS AND LIABILITIES

Division 1--Rights

7. Continuation of the Crown's rights to water
8. Continuation of private rights to water
8A. Traditional owner agreement for natural resources
9. Authorities' rights to water
9A. Rights to water of Water Holder
9B. Rights subject to certain restrictions and prohibitions
10. Right to construct or operate works
11. Allocation of water right on subdivision
12. Authorisation may be conditional[6]

Division 2--Liabilities

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

Division 1--Role of Minister

22. Role of Minister

Division 1A--Permissible consumptive volumes

22A. Permissible consumptive volumes

Division 1B--Sustainable water strategies

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

Division 1C--Long-term water resources assessments

22K. Commencement of long-term water resources assessments
22KA. Transitional provision—uncompleted long‑term water resources assessment—Water and Catchment Legislation Amendment Act 2019
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
22PA. Time for completion of reviews etc. 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

Division 2--Water resources assessment program

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

Division 3--Water supply protection areas

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

Division 4--Minister's powers toqualify rights

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

Division 5--State observation bores

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

Division 1--Establishment of the Water Holder

33DA. Definitions
33DB. Victorian Environmental Water Holder

Division 2--Objectives, functions and powers of the Water Holder

33DC. Objectives of the Water Holder
33DD. Functions of the Water Holder
33DE. Powers of the Water Holder

Division 3--Governance 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

Division 4--Accountability of the Water Holder

33DS. Ministerial directions
33DT. Reporting requirements
33DU. Recording requirements

Division 5--Planning by the Water Holder

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

Division 6--Ministerial rules relating to Water Holder

33DZA. Ministerial rules relating to Water Holder

PART 3A--WATER SHARES

Division 1--Offence as to taking of water

33E. Offences for taking water without a water share[11]
33EA. Evidentiary provisions for offences under section 33E
33EB. Power to issue infringement notice in relation to offence under section 33E(3)

Division 2--Issuing and nature of water share

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

Division 3--Application for or sale of water shares

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

Division 4--Variation of water shares

33Q. Power of Minister to vary water shares
33R. Applications for variation of water shares

Division 5--Dealings with water shares

33S. Transfer of ownership of water share
33T. Limited term transfers of rights to future water allocations under water shares
33TA. Standing assignments of future allocations under water shares
33TB. Ministerial approval of revocation of standing assignment
33U. Assignment of water allocation
33V. Further assignment of water allocation
33W. Offence to give a transfer, standing assignment or assignment without Ministerial approval
33X. Ministerial approval
33Y. Division of water shares
33Z. Consolidation of water shares

Division 6--Surrender and cancellation 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

Division 7--Water allocations

33AC. Water allocations
33AD. Declaration for taking of water allocation under water share in subsequent water season

Division 8--Intrastate and interstate agreements and approvals

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

Division 9--Fees for provision of services to owners of water shares

33AJ. Service provision fees
33AK. Fee to be a charge over water share

Division 12--Miscellaneous matters as to water shares

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 decisions under this Part
33AY. Time for making application

Division 13--Rule making powers of Minister

33AZ. Rule making powers for water shares

PART 4--ALLOCATION OF WATER

Division 1--Bulk entitlements

34. Definition and disallowance
34A. Grant of bulk entitlement
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
46CA. Effect of death of person who holds a water allocation
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

Division 1A--Environmental entitlements

48A. Definitions
48B. Allocation of environmental entitlement
48BA. Purpose of assigned 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
48OAA. Effect of death of person who holds a water allocation
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

Division 2--Licences

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
55A. Offence to breach licence conditions[13]
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. Suspension and cancellation of licence
60A. Process for suspension or cancellation 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. Offences for taking or using water from a non‑declared water system[14]
63A. Evidentiary provisions for offences under section 63
63B. Power to issue infringement notice in relation to offence under section 63(3)
64. Review of decisions
64AAA. Rule making powers for licences under section 51

Division 3--Powers of Minister where water taken exceeds authorised amount

64A. Taking unauthorised amount of water from approved place
64B. Approval holder's obligation to find out amount of water the holder is authorised to take
64C. Taking water in excess of amount authorised under a section 51 licence
64D. Licence holder's obligation to find out the amount of water the licence holder is authorised to take
64E. When does determination take effect?
64EA. Notification of determination
64EB. Matters Minister may refer to in determining amounts of water taken
64EC. Review by VCAT
64ED. Time period for making application for review

Division 4--Periodic amendment of entitlements

64F. Records and reports of transfers

PART 4AA--PLACES, RATES AND TIMES OF TAKING OF WATER

Division 1--Preliminary

64FA. Interpretation

Division 2--General place of take approval

64FB. Offence for general place of take approval
64FC. Giving general place of take approval
64FD. Application for general place of take approval
64FE. Cessation of general place of take approval
64FF. Conditions on general place of take approval
64FG. Offence to fail to comply with a condition of a general place of take approval
64FH. Maximum rate of take condition
64FI. Maximum rate of take declaration
64FJ. Determination of maximum rate of take
64FK. Process for maximum rate of take declaration
64FL. Process before making maximum rate of take declaration
64FM. Variation of maximum rate of take on application by approval holder
64FN. Transfer of maximum rate of take on application by approval holders
64FO. Transfer of general place of take approval to another person
64FP. Variation of general place of take approval
64FQ. Approved place must not be changed
64FR. Cancellation of general place of take approval on application
64FS. Cancellation of general place of take approval on Minister's own motion
64FT. Process before cancelling approval
64FU. Fixing a notional rationing rate when giving approval
64FV. Fixing notional rationing rates in irrigation districts
64FW. Process before making a notional rationing rate declaration
64FX. Transfer of notional rationing rate on application by approval holders
64FY. Variation of notional rationing rate on application by approval holder
64FZ. Variation of notional rationing rates by the Minister
64FZA. Process before making a declaration varying notional rationing rates
64FZB. Offence for contravening a determination under this Subdivision
64FZC. Making a restriction determination
64FZD. Matters that apply to restriction determinations
64FZE. Making a prohibition determination
64FZF. Matters that apply to prohibition determinations
64FZG. Publication and period of operation of determinations
64FZH. Non-application of determination

Division 3--Particular place of take approval

64FZI. Offence for particular place of take approval
64FZJ. Giving particular place of take approval
64FZK. Application for particular place of take approval
64FZL. Period for particular place of take approval

Division 4--General

64FZM. Review by VCAT
64FZN. Time period for making application for review
64FZO. Applications under this Part
64FZP. Rule making powers for approvals and determinations under this Part
64FZQ. Matters to be considered in making rules under section 64FZP

Division 5--External place of take approval

64FZR. Offence for external place of take approval
64FZS. Giving of external place of take approval
64FZT. Application for external place of take approval
64FZU. Conditions on external place of take approvals
64FZV. Period of approval

PART 4AB--SEASONAL DETERMINATIONS

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

Division 1--Offences

64J. Offence to use water for certain purposes on land without licence

Division 2--Grant of water-use licences

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

Division 3--Water-use objectives for licences

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

Division 4--Standard water-use conditions for licences

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

Division 5--Particular conditions on licences

64AD. Particular conditions on water-use licences

Division 6--Further provisions as to conditions on licences

64AE. Effect of inconsistency between standard water-use conditions and other conditions on licences
64AF. Offence to fail to comply with licence condition

Division 7--Variations of licences

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

Division 8--Suspension, revocation, cancellation and other powers for licences

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

Division 9--Registration of water uses

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

Division 10--Variation, cancellation and other powers as to registration

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

Division 11--Rule making powers of Minister

64AZ. Rule making powers for water‑use licences and water-use registrations

PART 5--WORKS

Division 1--General

65. Advertisement etc. of application
66. Appointment of panel

Division 2--Licence to construct works, etc.

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
70A. Offence to breach licence conditions under section 71[16]
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
74AB. Suspension or cancellation of licence
74AC. Process for suspension or cancellation of licence
75. Offences
75A. Offences as to obstruction of waterways etc.[17]

Division 3--Underground disposal

76. Power of Minister to approve underground disposal
76A. Offences as to disposal of matter underground[18]
77. Other permits etc. still necessary

Division 4--Directions

78. Power of Minister to give directions
78A. Offence not to comply with section 78 direction[19]
79. Power of Minister to give direction to bore occupier
79A. Offence not to comply with section 79 direction[20]
80. Power to give directions concerning dams
80AA. Offence not to comply with section 80 direction[21]
80A. Design criteria etc. for re-use dams
81. Power of Minister to carry out work[22]
81A. Minister may apply for injunction
82. Compensation

Division 5--Review of decisions

83. Review of decisions

PART 5AA--LEVEE MAINTENANCE ON CROWN LAND

Division 1--Definitions

84AAA. Definitions

Division 2--Authority conferred by permits

84AAB. What a levee maintenance permit authorises

Division 3--Application for permit

84AAC. Application
84AAD. Referral of application to land manager

Division 4--Dealing with application for permit

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

Division 5--Variation of conditions or revocation of permit

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

Division 6--Apportionment of application fee

84AAO. Payment to land manager of portion of application fee

PART 5A--VICTORIAN WATER REGISTER

Division 1--Victorian water register

84A. Object of this Part
84B. Purpose of water register
84C. Responsibilities for water register
84D. Form and manner of keeping water register
84E. Disclosure of information

Division 1A--Minister's functions

84EA. Functions of Minister as to water register

Division 2--Registrar

84F. Employment of Registrar and staff
84G. Registrar's functions
84H. Delegation

Division 3--Recordings of water shares by the Registrar

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

Division 4--Recordings by the Minister

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?
84VB. What details about the holders of certain water rights must be recorded in the water register?
84VC. What is recorded in the water register about place of take approvals under Part 4AA?

Division 5--Recordings by Authorities

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?

Division 6--Searching information in the water register

84X. What information or records are available from the water register?
84Y. Suppression of certain personal records and information
84Z. Rights of review
84ZA. Searching the water register

Division 7--Corrections and amendment of water register

84ZB. Correction and amendment of water register
84ZC. Notification of parties

Division 8--General

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

Division 9--Offences and enforcement

84ZK. Certificates and evidentiary effect
84ZL. False or misleading information
84ZM. Making false entries etc. in water register

PART 6--WATER CORPORATIONS

Division 1--Establishment, restructuring, abolition and administration of 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

Division 2--Functions, powers, duties and objectives of water corporations

92. Functions, powers and duties of water corporations
93. Sustainable management principles for water corporations
94. Business objective for water corporations

Division 3--Boards of directors

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

Division 4--Other provisions relating to water corporations

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

Division 5--Particular water corporations

122F. Additional function of Central Gippsland Region Water Corporation

PART 6A--DISTRICTS AND LAND MANAGEMENT AREAS

Division 1--Water supply, sewerage, irrigation and waterway management districts

122G. Determination of districts
122H. Effect of determination on existing districts
122I. Variation or abolition of district
122J. Procedural requirements before making a determination under this Division
122K. Considerations in making determination under this Division
122L. Saving of districts—Water and Catchment Legislation Amendment Act 2019
122M. Waterway management district of Melbourne Water Corporation

Division 5--Environmental and recreational areas

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

PART 6B--DUTIES OF WATER CORPORATIONS

Division 1--Customer dispute resolution

122ZG. Customer dispute resolution

Division 2--Dividends

122ZH. Dividends

Division 3--Repayment of capital

122ZI. Repayment of capital

Division 4--Annual report

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
124B. Obligations of Catchment Management Authorities in relation to declared areas
124C. Obligations of Corangamite Catchment Management Authority and Glenelg Hopkins Catchment Management Authority in relation to the Great Ocean Road region
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[24]
141A. Circumstances in which Melbourne Water Corporation to continue water supply
142. Water meters
142A. Estimate of water supplied or delivered
143. Waste and misuse of water supply[25]
144. Serviced properties
144A. Serviced property, Melbourne Water Corporation
145. Control over connections[26]
145A. Offences as to connections and discharges without consent[27]
146. Diversion into works of an Authority
147. Notice to connect
148. Structures over works
149. Removal of trees[29]
150. Notice to repair[30]
151. Notice of contravention[31]
152. Notice of intention to affect works
153. Notice to alter or remove works[32]
154. Determination of disputes[33]
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[34]
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

Division 1--Authorities with a water supply district

162. Application of this Division
163. Functions of Authorities
164. Exercise of functions of Authority outside its water supply 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
169A. Offence not to comply with notice of contravention[36]
169B. Authority may carry out works etc. where notice not complied with
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

Division 2--Melbourne Water Corporation

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
171J. Obligations of water corporations in relation to declared areas
171K. Obligations of certain water corporations in relation to the Great Ocean Road region

PART 9--SEWERAGE

Division 1--Authorities other than Melbourne Water Corporation

172. Definitions
173. Functions of Authorities
174. Exercise of functions of Authority outside its sewerage district
175. New works
176. Compensation not payable in certain cases
177. Testing etc. of waste
178. Protection of sewers[37]
179. Special sewerage services
180. Septic tank permit applications
182. Enforcement of agreement
183. Powers in relation to septic tanks
184. By-laws about private works and septic tank systems

Division 2--Melbourne Water Corporation

184A. Sewerage functions of Melbourne Water Corporation
184B. Application of certain provisions of Division 1 of Part 9

PART 10--WATERWAY MANAGEMENT

Division 1--Preliminary

185. Application of this Part
186. Exercise of functions of Authorities
186A. Statements of obligations of Authorities with waterway management functions

Division 2--Waterway management

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[38]
195. Control over connections and discharges[39]
196. Owner finance
197. Finance for increased use of services
197A. Ministerial rules for regional waterway strategies and seasonal proposals

Division 3--Regional drainage

198. Application of Division
199. Functions of Authorities
200. Control over diversion of drainage water[40]

Division 4--Floodplain management

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[41]
209. Removal of existing works and structures
210. Compensation
211. Indemnities
212. Availability of information

Division 5--Water management schemes

213. Functions of the Minister
214. Investigations
215. Water management schemes
216. Approval of schemes
217. Removal or modification of works

Division 6--Drainage courses

218. Drainage courses[42]

Division 7--By-laws

219. By-laws

PART 11--IRRIGATION

Division 1--General

220. Definitions and application

Division 2--Functions, powers and duties of Authorities

221. Functions of Authorities under this Part
222. General powers and duties of Authorities under this Part

Division 3--Specific provisions as to volume and period of delivery

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

Division 4--Conditions and Ministerial directions as to delivery

227. Authority to fix terms and conditions for the service of delivering water
228. Ministerial directions

Division 5--Miscellaneous

229. Declaration that property not to be serviced property
230. Form of applications under this Part

Division 6--Powers to reduce etc. delivery service

231. Authority may reduce, restrict or discontinue delivery of water

PART 11A--SALINITY MITIGATION

Division 1--Preliminary

232. Determination of salinity impact zones

Division 2--Functions and powers of the Minister

232A. Functions and powers of the Minister as to salinity mitigation

Division 3--Imposition of salinity impact charges

232B. Fixing salinity impact charges
232C. Annual adjustment of determined amount
232D. Imposition of capital works salinity impact charge
232E. Imposition of annual salinity impact charge
232F. Minister may except persons from imposition of charge

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

Division 1--Corporate plans

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

Division 3--Funds of Authorities

252. Use of income
253. Investment
253A. Payments by Treasurer in 1997/98

Division 4--Borrowing

254. Borrowing powers of Authorities
255. Securities and guarantees
256. Investment by public bodies

Division 5--Payment for services

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[43]
266. Application for review

Division 6--Owner finance

266A. Definition
267. Operation of Division
268. Authority may require payment[44]
269. Contributions for increased services[45]
270. Payments on connection[46]
271. Review of required payments
272. Authority may require further payment
273. When payment is due

Division 7--Payment and recovery of money

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[47]

Division 7A--Payment and recovery of money owed to Melbourne Water Corporation

281A. Agreements with respect to collection of fees under tariffs
281B. Recovery of fees under tariffs
281C. Inspection of rate records

Division 8--Concessions and exemptions

282. Deferred payment
283. Waiver
284. Reimbursement by State

Division 9--Contributions from councils and other Authorities

285. Pre-requisites for requirement of contribution
286. Authorities may require contributions from councils and other Authorities
287. Authorities may require special contributions

Division 10--Salinity impact charges

287A. Minister may require payment of salinity impact charges
287AB. Notice of salinity impact charges
287AC. Payment of salinity impact charges
287AD. Unpaid salinity impact charges debts due to Crown
287AE. Interest on unpaid salinity impact charges
287AF. Unpaid salinity impact charges are charges on property
287AG. Collection of salinity impact charges
287AH. Application of salinity impact charges

Division 11--Recovery of fees etc. under Part 3A

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

Division 1--Preliminary

287V. Definitions
287W. Authorities required to use certain procedures when making by‑laws

Division 2--Procedure for making by-laws using model 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

Division 3--Procedure for making by-laws not using model by‑laws

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

Division 4--General

287ZJ. Effect of by-laws
287ZK. Inspection of by-laws
287ZL. Automatic revocation of by-laws

PART 14--ENFORCEMENT

Division 1--General offences

288. Offences as to Authority's property[48]
288A. Evidentiary provisions for offences under section 288[49]
289. Wrongful taking etc. of water[50]
289A. Evidentiary provisions for offences under section 289[51]
289B. Offence to interfere with flow of water[52]
289C. Power to issue infringement notice in relation to offences under sections 289(3) and 289B(3)[53]
290. Uncovering or exposing works[54]
291. Trespass

Division 2--Appointment etc. of authorised water officers

291A. Appointment of authorised water officers
291B. Identification of authorised water officers
291C. Offence to impersonate authorised water officer

Division 3--Powers of authorised water officers

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

Division 4--Further enforcement provisions

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
295A. Power to issue infringement notices
295B. Indictable offences
296. Prosecutions
297. Criminal liability of officers of bodies corporate—failure to exercise due diligence
297A. Criminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof)
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 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
331. Transitional provisions—Water (Irrigation Farm Dams) Act 2002
334. Certificate as to land taken over by another body

PART 16--TRANSITIONAL, VALIDATION AND OTHER PROVISIONS--WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2019

Division 1--Serviced property, transitional and validation provisions

335. Definitions
336. Serviced property immediately before the serviced property commencement
337. Certain land taken to be serviced property
338. Certain properties taken to have been serviced properties for the purposes of fees for services under Parts 8, 9, 10 and 11

Division 2--Validation of charges in relation to salinity mitigation

339. Meaning of validation date
340. Validation provision in respect of section 287A
341. Validation provision in respect of section 64R
342. Proceedings on foot not affected

Division 3--Salinity impact charge determinations

343. Regulatory impact statement not required for first salinity impact determination

Division 4--General

344. Transitional provision—Sustainable Water Strategies—Water and Catchment Legislation Amendment Act 2019
345. Savings provision—Infringement notices—Water and Catchment Legislation Amendment Act 2019
346. Savings provision—Water (Estimation, Supply and Sewerage) Regulations 2014—Water and Catchment Legislation Amendment Act 2019

PART 17--TRANSITIONAL PROVISIONS--WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2021

Division 1--Definitions

347. Definitions

Division 2--Transitional provisions for Part 2 of the 2021 Act

348. Certain property taken to be serviced property
349. Standing direction taken to be standing assignment
350. Transitional provision for old zones in water systems
351. Transitional provision for interstate rights

Division 3--Transitional provisions for Part 4AA

352. Definition
353. Transition to general place of take approval for licence and registration holders
354. Transition of notional rationing rates for general place of take approvals under section 353
355. Transition to particular place of take approval
356. Transition to general place of take approval for persons who do not hold water-use licences or water-use registrations
357. Notional rationing rate for general place of take approvals under section 356
358. Transition to particular place of take approval
358A. Transition to external place of take approval for certain approvals under section 33AI
359. Transition to general place of take approval for Authorities or the Water Holder
360. Notional rationing rate for general place of take approvals under section 359
361. Transition to particular place of take approval
362. Notional rationing rate where there is more than one general place of take approval for one place
363. Determining place of take
364. Applications under section 33AQ
365. Applications under section 64K
366. Regulatory impact statement not required for first rules made under section 64FZP
367. Conversion rules
368. Minor or technical alterations

Division 4--Transitional provisions for Part 5 of the 2021 Act

369. Effect of change of name of City West Water Corporation

PART 18--AMENDMENTS CONSEQUENTIAL TO THE REPEAL OF PART 1B OF THE WATER INDUSTRY ACT 1994

370. Commencement of Part
371. Objections to tariffs or fees
372. Objections to required payments
373. Objections following repeals
374. Repeal of Part
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 2
SCHEDULE 3
SCHEDULE 12A
SCHEDULE 12B
SCHEDULE 15
ENDNOTES

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