Victorian Numbered Acts Victorian Numbered ActsAfter Part 5 of the Water Act 1989 insert —
The object of this Part is to provide for a Victorian water register, being records and information kept by various recording bodies relating to water-related entitlements in Victoria, together with a centralised system for those records and information.
The purpose of the water register is to facilitate the responsible, transparent and sustainable use of the State's water resources and includes—
(a) facilitating the monitoring of, and reporting in relation to, records and information about water-related entitlements and allocation and use of water resources; and
(b) facilitating a market for water-related entitlements and water resources by providing publicly available records and information and other records and information about ownership and use of water-related entitlements.
(1) The Registrar is responsible for—
(a) establishing and maintaining the system for the water register in which is kept records and information relating to water share records and the records and information referred to in sub-sections (2) and (3); and
(b) establishing and maintaining records and information in the water register relating to water shares.
(2) The Minister is responsible for establishing and maintaining records and information in the water register relating to—
(a) water-use licences; and
(b) water-use registrations; and
(c) bulk entitlements; and
(d) environmental entitlements; and
(e) the recording of amounts of water that are to be allocated to each water share under section 33AC; and
(f) works licences under section 67(1) where the licence relates to a declared water system.
(3) An Authority is responsible for establishing and maintaining records and information in the water register relating to—
(a) services delivered by that Authority under section 222(1); and
(b) the recording of any water allocation assignment and any consumption of allocated water in a water system for which that Authority is responsible for supplying water.
(1) Subject to any regulations made under this Act, the Registrar may establish and maintain the system for the water register in any form and manner the Registrar thinks fit.
(2) For the purposes of ensuring the integrity, efficiency and viability of the water register and consistency and compatibility—
(a) the Registrar must consult with the other recording bodies in relation to the form and manner of establishing, maintaining and altering the system of the water register, including, but not limited to, the form and manner of the recording of information and keeping records and the processes involved; and
(b) each recording body must consult with the other recording bodies in relation to the form and manner of establishing and maintaining the water register, including, but not limited to, the recording of information and keeping records and the processes involved.
(1) The Registrar must ensure that all records and information for which the Registrar is responsible which are necessary to enable—
(a) an Authority to carry out its functions under this Act; or
(b) the Minister to carry out the Minister's functions under this Act—
are disclosed to the Authority or Minister, as the case requires, for those purposes.
(2) An Authority must ensure that all records and information for which it is responsible which are necessary to enable—
(a) the Registrar—
(i) to establish and maintain the system of the water register; and
(ii) to carry out the Registrar's functions under this Act; or
(b) another Authority to carry out its functions under this Act; or
(c) the Minister to carry out the Minister's functions under this Act—
are disclosed to the Registrar, Authority or Minister, as the case requires, for those purposes.
(3) The Minister must ensure that all records and information for which the Minister is responsible which are necessary to enable—
(a) the Registrar—
(i) to establish and maintain the system of the water register; and
(ii) to carry out the Registrar's functions under this Act; or
(b) an Authority to carry out its functions under this Act—
are disclosed to the Registrar or Authority as the case requires, for those purposes.
(4) A recording body is authorised to collect and use information disclosed under this section for the purposes of carrying out its functions under this Act.
(1) A Registrar of the water register must be employed under Part 3 of the Public Administration Act 2004 for the purposes of this Act.
(2) Any other employees that are necessary for the purposes of this Part may be employed under the Public Administration Act 2004 .
(1) The Registrar's functions are—
(a) to establish and maintain the system for the water register and ensure the system's integrity, efficiency, viability, compatibility and consistency; and
(b) to administer records and information in the water register relating to water shares; and
(c) to provide information from the records and information in the water register relating to water shares in accordance with this Act; and
(d) to consult with other recording bodies about matters relating to the form and operation of the system of the water register and the maintaining of records and information, including alterations, in the water register; and
(e) to train persons responsible for maintaining records and information in the water register relating to water shares; and
(f) to create, or enable the creation of, reports derived from records and information in the water register, including reports created in accordance with the direction of the Minister; and
(g) to keep records of prior transactions in relation to water shares; and
(h) any other functions conferred on the Registrar by this Act.
(2) The Minister may direct that a report created under sub-section (1)(f) is to be available to the public, if the report does not include the names and addresses of individuals.
(1) The Registrar, by instrument, may delegate any of the Registrar's powers under this Act other than this power of delegation, to—
(a) a person employed under Part 3 of the Public Administration Act 2004 ;
(b) an Authority.
(2) A delegation under sub-section (1) may be subject to any conditions which the Registrar considers appropriate.
The Registrar must ensure that the following details are recorded in the water register in relation to a water share—
(a) the name and address of—
(i) the owner of the share; and
(ii) any other party with a recording with respect to the share; and
(b) any other matter that is required to be recorded in respect of a water share by or under this Act; and
(c) a description of the water system from which the share is issued; and
(d) the share of water available from the water system under that share, which must be expressed as a maximum volume over a specified period; and
(e) the class of reliability of the water share; and
(f) if the share is associated with land specified in a water-use licence or water-use registration, the identifying details of the land and the water-use licence or water-use registration; and
(g) the Authority responsible for imposing fees under Division 5 of Part 3A in relation to the water share; and
(h) any other information that the Minister considers necessary; and
(i) any other prescribed matters.
(1) If—
(a) a transfer of ownership of a water share under section 33S occurs; or
(b) a limited term transfer occurs—
a person may lodge with the Registrar a document for the recording of the transfer to be made in the water register in respect of that share.
(2) A document lodged under sub-section (1) must be in the appropriate approved form.
(3) The Registrar must not record a transfer of ownership of a water share under section 33S or a limited term transfer unless the Registrar is satisfied that the Minister has approved the transfer.
(4) If a recording is made of a limited term transfer and the rights under that limited term transfer are transferred back to the owner of the water share or surrendered before the expiry of the limited term, the water share ceases to be subject to the limited term transfer.
(1) The legal personal representative of a deceased owner of a water share may lodge with the Registrar a document for the recording of the transmission to the legal personal representative to be made in the water register in respect of that water share.
(2) A document lodged under sub-section (1) must be in the approved form.
(3) On being satisfied as to the legal personal representative's authority to be recorded under this section, the Registrar may make a recording of—
(a) the appointment of that legal
personal representative; and
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(b) the date of death of the owner of the water share.
(4) On the making of a recording under this section—
(a) the legal personal representative becomes the owner of the water share in respect of the interest of the deceased owner of the water share; and
(b) the legal personal representative holds the water share subject to all equities on which the deceased owner held it, but for the purpose of any dealing with the water share under this Act, is the owner of the water share; and
(c) the title of a legal personal representative as owner of the water share relates back to, and is deemed to have arisen on, the death of the owner of the water share as if there has been no interval of time between the death and the recording.
(1) Subject to this Act, on the death of a person recorded with any other person as joint owners of any water share in the water register, the survivor may lodge a document with the Registrar for a recording of the transmission to the survivor to be made in the water register in respect of that water share.
(2) A document lodged under sub-section (1) must be in the approved form.
(3) On being satisfied as to proof of the death of a joint owner of a water share—
(a) the Registrar may make a recording of the transmission by survivorship; and
(b) the survivor becomes the owner of the water share in respect of the interest of the deceased owner of the water share.
(1) The trustee in bankruptcy of an owner of a water share may lodge with the Registrar a document for a recording of the transmission to the trustee in bankruptcy to be made in the water register in respect of that water share.
(2) A document lodged under sub-section (1) must be in the approved form.
(3) On being satisfied as to the trustee in bankruptcy's authority to be recorded under this section, the Registrar may make a recording of the appointment of that trustee in bankruptcy.
(4) On the making of a recording under this
section—
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(a) the trustee in bankruptcy becomes the owner of the water share in respect of the interest of the owner of the water share; and
(b) the trustee in bankruptcy holds the water share subject to all equities on which the owner held it, but for the purpose of any dealing with the water share under this Act, is the owner of the water share.
(5) Unless prior to a bankrupt owner of a water share dealing with the water share, the trustee in bankruptcy has applied to be recorded under this section, any dealings by the bankrupt owner with a person dealing bona fide and for value with that owner is not to be affected by any order of sequestration.
(6) This section is subject to any law of the Commonwealth of Australia relating to bankruptcy.
Schedule 12A has effect.
Schedule 12B has effect.
(1) A person may lodge with the Registrar a memorandum in the approved form containing one or more provisions which are intended for inclusion in documents to be subsequently lodged for recording in the part of the water register for which the Registrar is responsible.
(2) The Registrar may retain a memorandum lodged under sub-section (1).
(3) The Registrar may prepare and retain a memorandum containing any provisions which seem appropriate for inclusion in documents to be subsequently lodged for recording in the part of the water register for which the Registrar is responsible.
(4) A memorandum retained by the Registrar under this section is to be deemed to be part of the water register relating to water shares.
(5) A document lodged with the Registrar for the making of a recording in the water register in relation to a water share may incorporate a provision in a memorandum retained by the Registrar under this section by reference to the provision in a way sufficient to clearly identify it.
(1) For the purposes of determining the priority of recordings in relation to water shares, the Registrar must ensure that the time and date of lodgement of any document for the making of a recording in the water register is recorded.
(2) The priority of documents lodged for the making of a recording in relation to a water share as between themselves is according to the time and date of lodgement.
(3) A recording takes effect at the date the recording is made.
The Minister must ensure that the following details are recorded in the water register in relation to a water-use licence—
(a) the name and address of the holder of the licence; and
(b) a description of the land specified in the licence; and
(c) the conditions to which the licence is subject; and
(d) the annual use limit; and
(e) any other information that the Minister considers necessary; and
(f) any other prescribed matters.
The Minister must ensure that the following details are recorded in the water register in relation to a water-use registration—
(a) the name and address of the holder of the water-use registration; and
(b) a description of the land specified in the water-use registration; and
(c) the purpose for which water may be used on the land under the water-use registration; and
(d) the annual use limit; and
(e) any other information that the Minister considers necessary; and
(f) any other prescribed matters.
The Minister must ensure that bulk entitlements are recorded in the water register including—
(a) the name of the person who holds the bulk entitlement; and
(b) any other information that the Minister considers necessary; and
(c) any other prescribed matters.
The Minister must ensure that environmental entitlements are recorded in the water register including—
(a) any information that the Minister considers necessary; and
(b) any prescribed matters.
The Minister must ensure that the following details are recorded in the water register in relation to a works licence under section 67(1) which relates to a declared water system—
(a) the name and address of the holder of the licence; and
(b) a description of the land specified in the licence; and
(c) a description of the works; and
(d) the conditions to which the licence is subject; and
(e) the period specified in the licence; and
(f) any other information that the Minister considers necessary; and
(g) any other prescribed matters.
An Authority must record and maintain the following records and information—
(a) in relation to services delivered by that Authority under section 222(1)—
(i) the name and address of the owner of each serviced property within the irrigation district; and
(ii) in relation to each serviced property in the irrigation district—
(A) the volumes at which and the periods for which the Authority determines under section 223 that water is to be delivered for irrigation to the property; and
(B) any other terms and conditions that apply to the property; and
(b) any water allocation assignment and any consumption of allocated water in a water system for which that Authority is responsible for supplying water; and
(c) any other information that the Authority considers necessary; and
(d) any other prescribed matters; and
(e) any other information that the Minister considers necessary to be recorded in the part of the water register for which an Authority is responsible.
(1) Subject to this Division, the following records and information in the water register are publicly available—
(a) records and information in the water register referred to in sections 84I, 84R, 84S, 84T, 84U, 84V and 84W (except for any records or information referred to in section 84W(b)); and
(b) prescribed records or information.
(2) Information available under sub-section (1)(a) does not include the address of any person.
(3) For a prescribed purpose, a prescribed person or prescribed class of person may search the water register for prescribed information or records or prescribed classes of information or records, whether or not that prescribed information or those prescribed records are information or records referred to in sub-section (1).
(4) Despite sub-section (1) and (3), the regulations may prescribe records or information or classes of records or information which are not publicly available.
(1) A person whose personal information is held in the water register may apply to a recording body to restrict public access to some or all of that personal information.
(2) If a recording body is satisfied that exceptional circumstances exist justifying the restriction of public access to that person's personal information, the recording body may restrict public access to some or all of that personal information.
(3) The restriction of public access under sub-section (2) may be for the period and on the conditions that the recording body thinks fit.
(4) If a recording body is satisfied that it is in the public interest that personal information restricted under this section be released to a person who applies for it, the recording body may release some or all of the information to the person on any condition that the recording body thinks fit.
(5) If a recording body decides to release restricted personal information under sub-section (4), the recording body must give written notice of the decision to the person whose restricted personal information is to be released.
(6) A recording body must not release restricted personal information under this section until 28 days after giving written notice of the decision to release the information to the person whose restricted personal information is to be released.
(1) A person whose interests are affected by a decision of a recording body under section 84Y may apply to VCAT for review of the decision.
(2) An application for review under sub-section (1) must be lodged with VCAT within 28 days after—
(a) notice of the decision was given; or
(b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998 , the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
(1) A person may apply to a recording body for information or records from the part of the water register for which that body is responsible.
(2) An application under this section must be accompanied by—
(a) in the case of an application to the Registrar or the Minister, the relevant prescribed fee (if any); or
(b) in the case of an application to an Authority, the relevant fee (if any) fixed by the Authority.
(3) On receiving an application under this section, a recording body may search the part of the water register for which it is responsible and provide the information or records to the applicant in any manner permitted by the system.
(4) A recording body may provide information or records under this section in relation to—
(a) current information or records in the water register maintained by a recording body;
(b) other non-current information or records in the water register maintained by a recording body;
(c) documents or images of documents in the water register maintained by a recording body;
(d) any other prescribed information or records in the water register maintained by a recording body;
(e) a combination of the matters referred to in paragraphs (a) to (d).
(1) A recording body, if satisfied that it is necessary to do so to reflect the current status of a record or information, may correct or amend the part of the water register for which that body is responsible—
(a) to correct any error in a recording; or
(b) to amend any recording; or
(c) to delete or cancel any recording.
(2) A recording body must correct or amend the part of the water register for which it is responsible if required to do so—
(a) by a court or tribunal; or
(b) by virtue of this Act or any other Act.
(3) A recording body may correct or amend the part of the water register for which it is responsible by—
(a) adding, cancelling or deleting a recording; or
(b) adding, altering or deleting particulars or details contained in a recording; or
(c) recording details of any change in the name or address of any person in respect of whom the matter recorded in the water register relates.
(4) A recording body—
(a) may correct the water register on the body's own initiative; or
(b) may correct or amend the water register on the application of a person in the approved form accompanied by—
(i) the prescribed fee (if any); or
(ii) in the case of an Authority, the fee fixed by the Authority (if any); or
(c) may correct or amend the water register as a consequence of the Minister exercising a power under section 33AB.
If a recording body corrects a part of the water register under section 84ZB(4)(a) in relation to a substantial error affecting a person's recorded interest, the body must notify each person who is recorded in the water register as having an interest in the matter in respect of which the correction has been made.
A recording body may require that information be given by statutory declaration.
(1) A recording body may require a person who requests the recording of any matter in the water register or the approval of any matter for recording in the water register to provide any proof of identity of a person that the recording body considers sufficient to establish that person's identity.
(2) A recording body is not required to make a
recording in the water register or approve any matter for recording in the
water register if the recording body is not satisfied as to the identity of
any person by or on behalf of whom any document relating to that matter was
executed.
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(3) A recording body may require or permit the identity of a person to be verified by a person or class of persons approved as a verifier for the purposes of this section.
(4) A recording body, by notice published in the Government Gazette, may approve—
(a) a person or class of persons as a verifier or verifiers for the purposes of this section; or
(b) standards of proof of identity that the recording body considers sufficient for the purposes of this section.
(1) Before making a recording in the water register, a recording body may require a person to submit any documents related to a recording or give any information related to a recording for the purposes of enabling any matter to be recorded in the part of the water register for which that body is responsible.
(2) If any information or document required by a recording body under this section is withheld or not complied with, the recording body—
(a) may refuse to make the recording until the relevant information or document is produced or complied with; or
(b) if the relevant information or document is not produced or complied with and the recording is not made, may—
(i) return any documents or information that have been submitted to the responsible body to the person requesting the recording; and
(ii) retain any fee that has been paid by the person requesting the recording.
(3) A recording body, at that body's discretion, may dispense with the submission or production of any document or information.
Any—
(a) transfer of ownership of a water share under section 33AC; and
(b) limited term transfer—
must state the monetary consideration in relation to the transfer.
(1) A notice under this Part may be served or given—
(a) by being sent by letter posted to the person concerned at that person's address for service; or
(b) by facsimile, e-mail or other electronic means of communication; or
(c) if that person has no address for service within the meaning of this section, at that person's last known place of residence or business.
(2) An address of a person recorded in the water register may be used as that person's address for service.
(3) A recording body may cause a copy of any notice sent by the recording body to be filed with a memorandum that it was so sent and the memorandum is sufficient proof that the notice was duly sent.
(4) If a notice is sent by letter posted to any person at that person's address for service and the letter is returned by the post office, a recording body may, if it thinks fit—
(a) direct any further notice to be given; or
(b) direct substituted service; or
(c) proceed without notice.
(5) A recording body may use the address or other contact information of a person which is recorded in the part of the water register for which that body is responsible for the purposes of serving a notice under this Part on that person.
(1) A recording body may approve forms for the purposes of this Part in relation to those parts of the water register for which that body is responsible.
(2) A recording body must ensure that approved forms are available—
(a) at the office of the recording body; and
(b) on the Internet.
In appropriate cases, a recording body may remit to a person the whole or part of a fee paid or payable under this Part and the Consolidated Fund is hereby appropriated accordingly.
(1) For the purposes of proceedings in any court or tribunal, a recording body may issue a certificate under that body's signature or seal (as the case requires) certifying as to any matter—
(a) that is recorded in the part of the water register for which that body is responsible; or
(b) that can be ascertained from—
(i) the part of the water register for which that body is responsible; or
(ii) any other records or information maintained by that recording body.
(2) All courts and persons acting judicially must take judicial notice of a recording body's signature or seal (as the case requires) on a certificate issued under sub-section (1) and, until the contrary is proved, must presume that it was duly signed or sealed.
(3) In any proceedings, a certificate issued under sub-section (1) purporting to be signed or sealed (as the case requires) by a recording body is evidence and, in the absence of evidence to the contrary, is proof, of the matters specified in the certificate.
A person must not knowingly give false or misleading information—
(a) in any document lodged with or provided to a recording body under this Part; or
(b) in relation to a recording in the water register.
Penalty: 60 penalty units or imprisonment for 6 months.
A person must not knowingly make, or cause to be made—
(a) a false recording in the water register; or
(b) a recording or an alteration, cancellation or deletion of a recording in the water register without—
(i) the authority of the Registrar; or
(ii) being otherwise authorised to do so.
Penalty: 60 penalty units or imprisonment for 6 months.".