Victorian Current Acts Victorian Current Acts(1) For the purposes of performing its functions under section 189(1) and (1A), an Authority that has a waterway management district must prepare a regional waterway strategy for its waterway management district and submit it to the environment Minister and the Minister administering this Act for approval.
(2) A regional waterway strategy must include the following information in respect of the waterway management district to which the strategy relates—
(a) plans and priorities for performing the Authority's functions;
(b) a program of actions for implementing those plans and priorities;
(c) any other information required to be included by any relevant rules made under section 197A.
(3) In preparing a regional waterway strategy, an Authority must—
(a) take into account any relevant strategy for river health or sustainable water strategy prepared under Part 3; and
S. 190(3)(ba) inserted by No. 23/2019 s. 77(1)(a).
(ba) take into account any of the following agreements that are relevant to the area or waterways to which the regional waterway strategy applies—
(i) a recognition and settlement agreement and any further agreement to a recognition and settlement agreement;
(ii) an Aboriginal cultural heritage land management agreement within the meaning of the Aboriginal Heritage Act 2006 that is recorded on the Victorian Aboriginal Heritage Register under section 145 of that Act; and
S. 190(3)(bb) inserted by No. 23/2019 s. 77(1)(a).
(bb) take into account any determination of native title that native title exists in relation to the area to which the regional waterway strategy applies; and
(b) take into account 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 Rivers Act 1992 , the Planning and Environment Act 1987 and the Environment Protection Act 1970 ; and
S. 190(3)(c) amended by No. 23/2019 s. 77(1)(b).
(c) comply with any procedural or consultative requirements under any relevant rules made under section 197A; and
S. 190(3)(d) inserted by No. 23/2019 s. 77(1)(c).
(d) take into account—
(i) social and recreational uses and values of waterways within its waterway management district; and
(ii) Aboriginal cultural values and uses of waterways and other cultural values and uses of waterways within its waterway management district; and
S. 190(3)(e) inserted by No. 23/2019 s. 77(1)(c).
(e) give notice of the preparation of the regional waterway strategy to all specified Aboriginal parties in relation to the area to which the regional waterway strategy applies.
S. 190(3A) inserted by No. 49/2017 s. 96.
(3A) In preparing a regional waterway strategy that relates to the Yarra River, Melbourne Water Corporation must have regard to a Yarra Strategic Plan as it applies to the Yarra River.
S. 190(3B) inserted by No. 17/2018 s. 33.
(3B) In preparing a regional waterway strategy that relates to a declared area, an Authority that is a water corporation must have regard to a Statement of Planning Policy that applies to its waterway management district.
S. 190(3C) inserted by No. 19/2020 s. 115, amended by No. 42/2021 s. 140.
(3C) In preparing a regional waterway strategy in relation to land that forms part of the Great Ocean Road region, the Corangamite Catchment Management Authority or Glenelg Hopkins Catchment Management Authority (as the case requires) must have regard to an approved Great Ocean Road strategic framework plan as it applies to that land.
S. 190(4) substituted by No. 23/2019 s. 77(2).
(4) A notice under subsection (3)(e) must—
(a) specify the location where a copy of the proposed regional waterway strategy may be obtained; and
(b) invite submissions on the proposed regional waterway strategy to be made in the manner specified in the notice; and
(c) set a date by which submission must be made, which must be a day not less than 35 days after the day on which the notice is given.
(5) The environment Minister or the Minister administering this Act may direct the Authority in writing, before the regional waterway strategy is approved, to vary the plan as the environment Minister or the Minister administering this Act thinks fit.
S. 191 repealed by No. 85/2006 s. 80, new s. 191 inserted by No. 50/2010 s. 29.