Victorian Current Acts

WATER ACT 1989 - SECT 33J

    (1)     The Minister, in issuing a water share and in making a determination under section 33G(b) or (c) in respect of a water share, where the associated water system for that water share is subject to a bulk entitlement or is a water system in respect of which a permissible consumptive volume has been declared, must consider—

        (a)     whether the issue of the share would be consistent with the bulk entitlement or with the permissible consumptive volume for the water system (as the case requires); and

        (b)     the effect that the issue is likely to have on—

              (i)     other water shares for which the water system is the associated water system; and

              (ii)     any environmental entitlement to which the associated water system is subject; and

              (iii)     the needs of other potential applicants.

    (2)     The Minister, in issuing a water share and in making a determination under section 33G(b) or (c) in respect of a water share to which subsection (1) does not apply, must consider—

        (a)     the existing and projected availability of water in the associated water system for the water share; and

        (b)     the existing and projected quality of water in the associated water system; and

        (c)     any adverse effect that the allocation or use of water under the water share is likely to have on—

              (i)     existing authorised uses of water provided from the associated water system; and

              (ii)     any waterway or aquifer; and

        (d)     any water in the associated water system in respect of which the applicant is already the owner of a water share; and

        (e)     the need to protect the environment, including the riverine and riparian environment; and

        (f)     the conservation policy of the government; and

        (g)     any adverse effect the issue of the share or the determination (as the case requires) is likely to have on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; and

        (h)     government policies concerning the preferred allocation or use of water resources; and

S. 33J(2)(ha) inserted by No. 39/2018 s. 61(1) (as amended by No. 27/2019 s. 47).

        (ha)     any environment reference standard within the meaning of the Environment Protection Act 2017 and any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017 ; and

              (i)     the needs of other potential applicants; and

        (j)     so far as is available to the Minister—

              (i)     any relevant report or statement prepared under any Act; and

              (ii)     the findings of or any evidence given or submissions made to any relevant investigation or inquiry held under any Act or held by any Committee of the Cabinet, government department or public statutory body, whether or not under an Act; and

        (k)     any other matter that the Minister thinks fit to have regard to.

    (3)     This section does not apply to the issue of a water share under an application under section 33M.

S. 33K inserted by No. 99/2005 s. 41.