Victorian Numbered Acts Victorian Numbered ActsAfter Part 7 of the Water Act 1989 insert —
In this Part—
"directions" means directions issued under section 161E;
"panel" means a panel appointed under section 161H;
"reconfiguration plan" is a reference to a plan for the future capacity for an Authority to provide services to properties within the whole or a part of the district of the Authority.
A reconfiguration plan may include—
(a) arrangements for the upgrading, downgrading or discontinuation of works that provide irrigation or other rural water services to properties within the relevant district of the Authority and any associated drainage works; and
(b) arrangements as to pricing and management of services provided to properties within the relevant district of the Authority or works of the Authority.
An Authority with an irrigation district or a water district may (either on its own behalf, or in conjunction with another Authority, Catchment Management Authority or Council) prepare a draft reconfiguration plan.
(1) The Minister may issue directions that apply to reconfiguration plans.
(2) Directions issued under sub-section (1) may include all or any of the following—
(a) the circumstances in which an Authority will be required to prepare a reconfiguration plan; and
(b) the circumstances in which compensation will be payable by an Authority for reducing services under a reconfiguration plan; and
(c) any processes for the initiation of the preparation of reconfiguration plans; and
(d) any processes an Authority preparing a reconfiguration plan must implement before the plan is adopted, including processes as to the identification and discussion of funding and charging options; and
(e) whether or not a draft reconfiguration plan, on adoption under section 161F, must be approved under section 161G; and
(f) any matters that must be taken into account by an Authority in preparing a reconfiguration plan; and
(g) any persons to whom reconfiguration plans or classes of reconfiguration plans must be referred for consideration; and
(h) any requirements for advertising or consultation for reconfiguration plans or classes of reconfiguration plans.
(3) The Minister must cause directions issued under this section to be published in the Government Gazette.
(1) An Authority may adopt a reconfiguration plan on completing preparation and consideration of a draft reconfiguration plan in accordance with this Part and after complying with any directions.
(2) An Authority must not adopt a reconfiguration plan under sub-section (1) that proposes termination of the whole or a part of the services provided by the Authority, unless the Authority has—
(a) notified the owner of each serviced property to which the services that are proposed to be terminated are provided; and
(b) allowed the owner of each such property an opportunity to make written submissions to the Authority about the plan; and
(c) given consideration to arrangements to meet any ongoing domestic and stock use requirements for each property.
(3) In the case of a reconfiguration plan that, under the directions, does not require the approval of the Minister, on adoption of the plan under this section, the Authority must cause notice of the adoption to be published in the Government Gazette.
(1) In the case of a reconfiguration plan that, under the directions, on adoption by the Authority, also requires approval of the Minister, the Minister may approve the plan—
(a) on being satisfied that the Authority has adopted the plan under section 161F; and
(b) on being satisfied that the Authority has complied with the directions; and
(c) after considering the report of any panel the Minister has appointed to consider the plan.
(2) Before approving a plan under sub-section (1), the Minister may refer the plan to a panel for advice.
(1) The Minister may, by instrument, appoint a panel of persons to give advice under section 161G(2) on an adopted reconfiguration plan, and the persons appointed to the panel must be persons who have knowledge of or experience in the matters that the panel is to give advice on.
(2) Subject to anything specified by the Minister in the instrument of appointment of the panel, a panel may regulate its own proceedings.
(3) After considering the plan, the panel must report its findings to the Minister within the period specified by him or her.
(4) The panel may include in its report any recommendations that it thinks fit.
(5) A member of the panel is entitled to be paid any fees and allowances fixed by the Governor in Council.
(6) The Minister is not bound by the report of the panel under this section.
(7) The Minister must make a copy of any report of the panel available for inspection by the public within one month after it is received by the Minister.
On approving a reconfiguration plan under section 161G, the Minister must cause notice of the adoption and approval of the plan to be published in the Government Gazette.
(1) An Authority may, by notice in writing, declare serviced properties on any land in any part of its district to cease to be serviced properties for the purposes of this Act.
(2) An Authority must not make a declaration under
sub-section (1) unless a plan adopted under section 161F and (where the case
so requires) approved under section 161G includes a proposal to make such a
declaration.
s. 60
(3) On making a declaration under this section the Authority must serve notice on the owner of each serviced property in the part of the district to which the declaration relates of the making of the declaration and of the day on which the declaration comes into effect.
(4) A notice under sub-section (3) must set out the date on which it takes effect, which must be more than 12 months after the day on which the Authority makes the declaration.
Nothing in this Part prevents an Authority from reconfiguring infrastructure of the Authority that enables the provision of services to serviced properties with the agreement of the owner of those properties.'.