Victorian Current Acts Victorian Current Acts(1) The object of a management plan is to make sure that the water resources of the relevant water supply protection area are managed in an equitable manner and so as to ensure the long-term sustainability of those resources.
(2) A management plan may relate to groundwater resources, surface water resources or both in the relevant water supply protection area.
(3) A management plan may prescribe for the relevant water supply protection area or any part of that area—
(a) requirements for metering, monitoring and accounting for groundwater or surface water or both; or
(b) requirements to notify the Authority that has the duty of administering and enforcing the plan of the taking of groundwater from any specified bore or group of bores under a right conferred by section 8(1); or
(c) requirements for the location, capacity and operation of private dams which are—
S. 32A(3)(c)(i) amended by No. 24/2013 s. 5(1).
(i) not licensed under section 51(1) or under a registration licence; and
(ii) not for domestic and stock use; or
(d) restrictions or prohibitions on the issue of licences under section 51 or 67; or
S. 32A(3)(e) repealed by No. 48/2005 s. 14(1)(a).
* * * * *
S. 32A(3)(f) amended by No. 99/2005 s. 13(1)(a)(i).
(f) restrictions to be imposed on the taking of groundwater from any specified bore, group of bores or aquifer, if necessary—
S. 32A(3)(f)(i) substituted by No. 48/2005 s. 14(1)(b), amended by No. 99/2005 s. 13(1)(a)(ii).
(i) to prevent the level of groundwater declining below a specified level or specified average level; or
S. 32A(3)(f)(ii) substituted by No. 99/2005 s. 13(1)(a)(iii).
(ii) to prevent a relevant permissible consumptive volume being exceeded; or
S. 32A(3)(f)(iii) inserted by No. 99/2005 s. 13(1)(a)(iii).
(iii) to ensure that the environmental water reserve is maintained in accordance with the environmental water reserve objective; or
(g) restrictions to be imposed on the taking of surface water at any location specified in the area, if necessary to ensure that—
(i) specified flows at any particular time or for any particular circumstances are maintained; or
S. 32A(3)(g)(ii) amended by No. 99/2005 s. 13(1)(b)(i).
(ii) the permissible consumptive volume for the area is not exceeded; or
S. 32A(3)(g)(iii) inserted by No. 99/2005 s. 13(1)(b)(ii).
(iii) the environmental water reserve is maintained in accordance with the environmental water reserve objective; or
(h) restrictions to be imposed on the supply of groundwater by an Authority that takes groundwater from a source in the area or part; or
(i) conditions relating to the protection of the environment, including the riverine and riparian environment; or
S. 32A(3)(ia) inserted by No. 99/2005 s. 13(1)(c).
(ia) conditions relating to the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or
(j) conditions relating to payment for the amount of groundwater taken and used from any specified bore or group of bores under a right conferred by section 8(1); or
S. 32A(3)(k) amended by No. 24/2013 s. 5(2).
(k) conditions to which licences issued under section 51(1), or registration licences, are to be subject; or
(l) without derogating from rights to water for domestic and stock use conferred by section 8, conditions to which licences issued under section 67 are to be subject; or
(m) conditions to which licences issued under section 51 to take and use groundwater or surface water, and transferred under section 62, are to be subject, including a condition relating to the maximum volume of water which may be taken and used under the transferred licence; or
(n) the maximum volume of water that may be retained—
(i) in each private dam on a particular lot in a plan of subdivision in the area concerned; or
(ii) in all private dams on every lot in a plan of subdivision in the area concerned; or
(o) any matter relevant to the object of the management plan or its implementation.
S. 32A(4) amended by No. 99/2005 s. 13(2).
(4) A draft management plan may make a recommendation to the Minister as to the total volume of water that should be declared to be the permissible consumptive volume for the area concerned.
(5) A draft management plan must name the Authority which is to have the duty of administering and enforcing the plan if it is approved.
(6) The Minister may—
(a) approve a draft management plan; or
S. 32A(6)(ab) inserted by No. 48/2005 s. 14(2).
(ab) approve a draft management plan with any amendments the Minister considers appropriate; or
(b) refuse to approve a draft management plan.
(7) The Minister must cause—
(a) notice of the approval or refusal (as the case requires) of a draft management plan to be published and given in accordance with section 27(4)(a); and
(b) if the draft management plan is refused, the reasons for the refusal to be published with that notice.
S. 32A(7A) inserted by No. 48/2005 s. 14(3).
(7A) If a draft management plan is refused, the Minister may—
(a) appoint a consultative committee under section 29 to prepare a new draft management plan for the relevant water supply protection area; or
(b) prepare a new draft management plan; or
(c) abolish the water supply protection area under section 28; or
(d) take any other action that the Minister considers appropriate in the circumstances.
S. 32A(7B) inserted by No. 48/2005 s. 14(3).
(7B) This Division applies to the preparation and approval of a new draft management plan referred to in subsection (7A)(a) or (b) in the same way as it applies to a draft management plan.
(8) The Minister must cause an approved management plan to be laid before each House of Parliament within 5 sitting days of that House after it is approved under subsection (6).
(9) Sections 23, 24 and 25 of the Subordinate Legislation Act 1994 apply to an approved management plan as if the approved management plan were a statutory rule within the meaning of that Act.
(10) An approved management plan may be disallowed in whole or in part by resolution of either House of Parliament in accordance with the requirements of section 23 of the Subordinate Legislation Act 1994 .
S. 32A(10A) inserted by No. 48/2005 s. 14(4).
(10A) An approved management plan is not invalid
merely because of a defect or irregularity in,
or in connection with the
approval of the plan.
(11) An approved management plan is binding on every person (including every public statutory body) except to the extent that the Minister otherwise specifies by notice published in the Government Gazette.
S. 32A(12) amended by No. 24/2013 s. 5(3).
(12) On the approval of a draft management plan that prescribes a requirement, restriction or condition to which a registration licence or a licence issued under section 51(1) or 67 is to be subject, every registration licence or licence issued under section 51 or 67, whether issued before or after the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2002 , is deemed to be subject to that requirement, restriction or condition, despite anything to the contrary specified in the licence or any condition that is prescribed or fixed or imposed by the Minister under section 56 or 71 (as the case requires) in relation to the licence.
(13) A person must not contravene an approved management plan.
Penalty: 20 penalty units.
S. 32B inserted by No. 5/2002 s. 10.