Victorian Numbered Acts Victorian Numbered ActsAfter Division 9 of Part 13 of the Water Act 1989 insert —
(1) The Minister may require the owner of any land to make a payment or a number of payments to meet or contribute to the cost of any works or measures where—
(a) the owner is using water on the land for the purposes of irrigation and—
(i) the annual use limit for the water-use licence under which the water is being used has been increased; or
(ii) the water-use licence has been varied to permit water to be used on the land at a different place; or
(iii) a new water-use licence has been issued to the owner of the land authorising the use of water on the land for the purposes of irrigation; and
(b) the works or measures are to off-set the effect of the impact of the change in use, as specified in paragraph (a), on the environment.
(2) A payment that is required to be made under sub-section (1), may be made by the payment of the full amount in one lump sum or, where so agreed by the Minister and the owner of the land, by way of instalments.
(3) The Minister must give notice in writing of a requirement made under this section.
(4) A notice under this section must specify—
(a) the amount of the payment or payments that are required; and
(b) the date on which the payment, or each payment (as the case requires) falls due, including (where the payments are to be made by instalments) the date on which each instalment falls due; and
(c) the reason why the payment or payments are required; and
(d) the works or measures that are being or are to be carried out; and
(e) the property in relation to which the payment or payments are required; and
(f) if the payment or payments are required in relation to a group of properties, the amounts required in relation to each property.
(5) The amount of any payment due to the Minister under this section is a debt due to the Crown by the person liable to pay the amount and may be recovered in any court of competent jurisdiction.
(1) An Authority may sell, or cause to be transferred to itself, any water share in relation to which any fee imposed under Division 9 of Part 3A has been due to the Authority and unpaid for at least 3 years.
(2) Sub-section (1) does not apply if—
(a) the fee has been waived; or
(b) the fee has been deferred for the period for which it is unpaid; or
(c) the person liable to pay has arranged with the Authority for payment by instalments of the amount due, and any instalments that have become due have been paid; or
(d) the person liable to pay is not the owner of the water share.
(3) An Authority must not sell the water share or cause it to be transferred unless it has, at least once in the 3 years, tried to recover the money due to it.
(4) An Authority must pay, for a transfer of a water share under sub-section (1), an amount equal to or greater than a valuation of the water share that is made by a valuer not more than 6 months before the date of the proposed transfer.
(5) An Authority must in selling a water share under sub-section (1) sell the share for an amount equal to or greater than a valuation of the share that is made by a valuer not more than 6 months before the date of the proposed sale.
(6) At least 4 weeks before selling any share, or causing it to be transferred, under sub-section (1), the Authority must—
(a) give public notice of its intention to do so; and
(b) serve, on any person who appears from the water register to be the share owner or a mortgagee or a holder of a limited terms transfer recorded on the water share, a notice requiring payment of any outstanding amounts referred to in sub-section (1).
(7) The Registrar may register a transfer of a water share by an Authority under this section if the transfer is in a form approved by the Registrar.
(1) An Authority that sells a water share, or causes it to be transferred, under section 287B must apply the proceeds of the sale, or the amount for which the share was transferred, as follows—
(a) first, in payment of all expenses incurred in connection with the sale or transfer;
(b) secondly, in payment of the outstanding fees, including interest;
(c) thirdly, in discharging any recorded mortgages—
(i) of which the Authority has notice; and
(ii) over which the Authority's charge has priority—
according to the priority of those mortgages.
(2) The Authority must, if the owner of the water share can be traced, refund to the owner any surplus after all payments have been made that sub-sections (1)(a), (b) and (c) apply to.
(3) If the owner cannot be traced, the Authority may, subject to sub-section (5), retain and use any surplus after all payments have been made that sub-sections (1)(a), (b) and (c) apply to.
(4) A person who claims an estate or interest in the water share may apply to the Authority for payment of the value of that estate or interest from any surplus retained by the Authority.
(5) If the Authority is satisfied that an applicant is entitled to any payment it must make that payment.
When an Authority sells a water share, or causes it to be transferred, under section 287B—
(a) the sale or transfer is free from all rights of the owner of the water share or any mortgagee over the water share over which the Authority's charge has priority; and
(b) the Registrar must, when registering the transfer, cancel any recorded mortgages on the water share.".