Victorian Numbered Acts Victorian Numbered ActsFor Part 11 of the Water Act 1989 substitute —
(1) In this Part—
"conditions determination" means a determination of an Authority under section 227;
"delivery determination" means a determination of an Authority under section 223;
"serviced property" means a property in respect of which a declaration under section 144(1)(c) of the Act has been made by the Authority in whose irrigation district the property is situated.
(2) This Part applies to an Authority that has an irrigation district.
An Authority has the following functions in relation to the irrigation district of the Authority—
(a) to provide, manage and operate systems for the delivery of water to lands and appropriate drainage and protection of those lands;
(b) to identify community needs relating to irrigation, drainage and salinity mitigation, and plan for the future needs of the community relating to irrigation, drainage and salinity mitigation;
(c) to develop and implement programs for improved irrigation practices, improved drainage practices and improved salinity mitigation practices;
(d) to investigate any matter related to its functions, powers and duties in relation to irrigation, drainage and salinity mitigation.
(1) An Authority, subject to the provisions of this Part—
(a) must provide the service of delivering water to the owner or occupier (where the occupier is not the owner) of each serviced property in its irrigation district—
(i) for the
purposes of irrigation, at the volumes and for the periods that are determined
by the Authority in accordance with this Part; and
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(ii) for stock and domestic use, at the volumes and for the periods that are determined by the Authority in accordance with this Part; and
(b) may provide the service of delivering water to the owner or occupier of any property in its irrigation district; and
(c) may sell water the Authority owns or is authorised to take and use under a bulk entitlement to the owner or occupier of any land, whether within or outside its irrigation district.
(2) A service provided by an irrigation Authority under sub-section (1) may be provided on any terms and conditions that are set out in a determination of the Authority.
(3) An Authority is not required to provide the service of delivering water to the owner or occupier of land under sub-section (1), if—
(a) the owner is not the holder of a water-use licence or water-use registration (as the case requires); or
(b) neither the owner nor the occupier of the land has a water allocation.
(4) Nothing in this Act entitles any person to a service under sub-section (1) other than during an irrigation period.
(1) An Authority, when commencing the service of delivering water for irrigation or for domestic and stock use to a serviced property under section 222(1), must determine the volumes at which and the periods for which the water is to be delivered for irrigation or stock and domestic use to that property.
(2) A determination under sub-section (1) may apply to more than one serviced property in a declared water system in an irrigation district of the Authority.
(3) A determination under sub-section (1) must be in writing and must be made in the manner set out in a conditions determination of the Authority.
(1) An Authority may, on receiving an application to do so by the owner of a serviced property within the irrigation district of the Authority, vary a delivery determination that applies to that property by varying either or both the volumes at which and periods for which water is to be delivered to that property.
(2) On the making of a determination under sub-section (1), the determination is deemed to have effect as so varied.
(3) In making a determination under sub-section (1), the Authority must have regard to any matters set out in any conditions determination of the Authority.
(4) An owner of a serviced property may apply to an Authority for variation of a determination under sub-section (1) in relation to that property.
(5) An Authority may refuse to make a determination under this section that reduces the level of service to the owner of a property unless the owner pays to the Authority an amount that the Authority reasonably believes represents the present value of fees that would otherwise be payable, under a tariff under section 259(1), by the owner of the property in respect of the irrigation service provided by the Authority before the variation.
(1) An Authority may, on its own motion, vary a delivery determination it has made by varying either or both the volumes at which and the periods for which water is to be delivered to a property or any of the properties to which the delivery determination relates.
(2) On the making of a determination under sub-section (1), the delivery determination is deemed to have effect as so varied.
(3) A determination under this section that
applies to more than one property, must apply the variation to all such
properties equally.
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(4) In making a determination under sub-section (1), the Authority—
(a) must have regard to the matters (if any) set out in any conditions determination of the Authority; and
(b) must make the determination in the form and manner and in accordance with the process (if any) set out in any conditions determination of the Authority.
(1) An Authority may, on receiving an application to do so from the owners of two parcels of land in an irrigation district of the Authority, determine to transfer to one of the parcels of land specified in the application the whole or a part of—
(a) either or both the volumes at which and the periods for which water is to be delivered to the other parcel of land specified in the application; or
(b) either or both the volumes at which and the periods for which water is to be delivered to the other parcel of land specified in the application , for the limited period of time that is specified in the application.
(2) An Authority must refuse an application under sub-section (1)(a) if the consent of any one of the recorded mortgagees of any one of the parcels of land to which the application relates has not been obtained to the transfer.
(3) If the Authority refuses an application under sub-section (1), the Authority must give the applicants reasons for that refusal.
(4) On making of a determination under sub-section (1), any delivery determination that relates to either parcel of land is deemed to have effect in accordance with the transfer of the volumes and periods.
(5) For the purposes of a transfer under sub-section (1), the Authority may—
(a) where a delivery determination ceases to apply to a parcel of land, declare that the land ceases to be a serviced property, or where the case so requires, that the land is a serviced property; or
(b) where a delivery determination commences to apply to a parcel of land, declare the land to be a serviced property.
(6) In making a determination under sub-section (1), the Authority must have regard to any matters set out in any conditions determination of the Authority.
(7) The owners of parcels of land in the irrigation district of an Authority may apply to the Authority for a determination under sub-section (1).
(1) An Authority may determine—
(a) in addition to any power to make determinations under Division 3, the terms and conditions on which it provides a service under section 222(1); and
(b) any conditions required to be determined for the purposes of Division 3.
(2) A determination under sub-section (1) must be—
(a) published by the Authority; or
(b) made available at the offices of the Authority.
(3) A determination under sub-section (1)—
(a) may be amended or revoked by the Authority in the same manner as that in which it is made; and
(b) remains in force until such time as it is so revoked.
(4) The conditions specified in the determination may deal with all or any of the following matters—
(a) the circumstances in which an approval to a variation under section 224 is conditional on the payment of an amount under section 224(5); and
(b) rules for restricting delivery as a result of insufficient capacity in the works of the Authority; and
(c) the circumstances in which the
Authority will agree with an owner to provide a different level of service to
a serviced property; and
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(d) the circumstances in which the Authority will make a determination under section 224, 225 or 226; and
(e) the circumstances in which a declaration that a property is no longer a serviced property is conditional on the payment of an amount under section 229(6); and
(f) matters to be taken into account in determining the amount to be payable under sections 224(5) and 229(6); and
(g) methods by which disputes as to the interpretation or operation of the determination may be settled; and
(h) any other matter or thing that is, in the opinion of the Authority, necessary for the service to be delivered.
(1) The Minister may, from time to time, by notice in writing, give directions to Authorities on any matter about which a condition may be specified under section 227(4).
(2) The Minister must cause a notice under sub-section (1) to be published in the Government Gazette.
(1) An owner of a serviced property in an irrigation district may apply to the Authority for that district for a declaration under sub-section (2).
(2) On receiving an application under sub-section (1), the Authority may, by notice in writing, declare the serviced property to which the application relates to cease to be a serviced property.
(3) An Authority must refuse an application under sub-section (1) if the consent of any one of the recorded mortgagees of the serviced property has not been obtained to the application.
(4) A notice under sub-section (2) must be given to the owner of the property.
(5) The notice must—
(a) specify the serviced property to which it applies; and
(b) fix a date on and from which the land must be taken to not to be a serviced property for the purposes of this Act.
(6) An Authority may refuse to make a declaration under this section unless the owner of the property pays to the Authority an amount that the Authority reasonably believes represents the present value of fees that would otherwise be payable by the owner of the property in respect of the irrigation service provided by the Authority under a tariff under section 259(1).
(7) This section does not affect the power of an Authority to make a declaration under section 144.
An application under section 224, 226 or 229 must—
(a) be in a form approved by the Authority; and
(b) contain any prescribed particulars; and
(c) be accompanied by any prescribed document or prescribed information; and
(d) be accompanied by the fee fixed by the Authority.
(1) An Authority may reduce or restrict the period over which water is to be delivered to any serviced property, or discontinue the delivery of water to any serviced property, if—
(a) the Authority is, because of insufficient capacity unable to deliver water to the property; or
(b) any private works for the delivery of water to the property—
(i) are, in the opinion of the Authority, inadequate or not properly constructed or maintained and a notice to repair has been issued under section 150 and not complied with by the time specified or allowed under that section; or
(ii) do not, in the opinion of the Authority, comply with the regulations; or
(c) the owner of the serviced property has contravened this Act, the regulations or the Authority's by-laws in relation to the taking of water; or
(d) the owner of the serviced property has refused entry to an authorised officer who intended to exercise powers conferred by or under this Act to investigate any suspected contravention of this Act, the regulations or the Authority's by-laws in relation to the taking of water; or
(e) the owner of the serviced property has refused or failed to pay any money due to the Authority for the delivery of water to the serviced property.
(2) An Authority must reduce the delivery of water
under sub-section (1)(a) to all serviced properties in the same proportion.
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(3) An Authority that reduces, restricts or discontinues the delivery of water to a serviced property may reduce or waive any amount of money payable to it for the delivery of water to the serviced property.
(4) An Authority may reduce or restrict the quantity of water delivered to a serviced property or discontinue the supply of water to a serviced property under sub-section (1)(b), (c), (d) or (e) if it decides that the required circumstances exist, whether or not it has been proved to the satisfaction of a court that those circumstances do exist.
(5) A person may apply to the Tribunal for review of the Authority's decision to discontinue the delivery of water to the serviced property under sub-section (1)(c).
(6) An application for review must be made within 28 days after the later of—
(a) the day on which the decision is made;
(b) if, under 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 applicant or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.'.