WATER ACT 1989
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 Power to declare lake, lagoon, swamp or marsh
- 4A The Environmental Water Reserve
- 4B Environmental Water Reserve Objective
- 5 Certain provisions to bind Crown
- 5A Relationship with the Traditional Owner Settlement Act 2010
- 6 Interstate groundwater agreements to prevail over Act
- 6AA Extraterritorial operation of Act
- 6A Power to declare water systems
- 6B Power to declare zones in water systems
- 6C Power to declare rationing areas
PART 2--RIGHTS AND LIABILITIES
Division 1--Rights
- 7 Continuation of the Crown's rights to water
- 8 Continuation of private rights to water
- 8A Traditional owner agreement for natural resources
- 9 Authorities' rights to water
- 9A Rights to water of Water Holder
- 9B Rights subject to certain restrictions and prohibitions
- 10 Right to construct or operate works
- 11 Allocation of water right on subdivision
- 12 Authorisation may be conditional[6]
Division 2--Liabilities
- 14 Application
- 15 Civil liability for unauthorised taking or use of water or for unauthorised works[7]
- 16 Liability arising out of flow of water etc.[8]
- 17 Protection from liability[9]
- 18 Liability for damage caused by escape of water from private dam
- 19 Jurisdiction of Tribunal
- 20 Matters to be taken into account in determining whether flow is reasonable or not reasonable
- 21 Matters to be taken into account with respect to public works
PART 3--ASSESSMENT OF AND ACCOUNTING FOR WATER
Division 1--Role of Minister
- 22 Role of Minister
Division 1A--Permissible consumptive volumes
Division 1B--Sustainable water strategies
- 22B Preparation of a Sustainable Water Strategy
- 22C Contents of a Sustainable Water Strategy
- 22D Consultative committee—Sustainable Water Strategy
- 22E Preparation of a draft Sustainable Water Strategy
- 22F Appointment of Panel
- 22G Consideration of draft Strategy by the Minister
- 22H Publication of Sustainable Water Strategy
- 22I Review of Sustainable Water Strategy
- 22J Report on Sustainable Water Strategies
Division 1C--Long-term water resources assessments
- 22K Commencement of long-term water resources assessments
- 22KA Transitional provision—uncompleted long‑term water resources assessment—Water and Catchment Legislation Amendment Act 2019
- 22L Contents of a long-term water resources assessment
- 22M Preparation of a draft long-term water resources assessment
- 22N Review by Environment Protection Authority
- 22O Consideration and publication of long-term water resources assessment
- 22P Review following long-term water resources assessment
- 22PA Time for completion of reviews etc. following long‑term water resources assessment
- 22Q Consultative committee for review
- 22R Review process
- 22S Reporting of panel
- 22T Consideration and publication of review
- 22U Annual report on long-term water resources assessment
- 22V Program of implementation of review
Division 2--Water resources assessment program
- 23 Powers of Minister in relation to assessment program[10]
- 24 Drilling for groundwater
- 25 Giving of information to Minister
- 26 Reports on assessment program
Division 3--Water supply protection areas
- 27 Declaration of water supply protection area
- 28 Amendment or abolition of water supply protection area
- 29 Consultative committee
- 30 Guidelines for preparation of draft management plans
- 31 Preparation of draft management plan
- 32 Overlapping management plans to be taken into account
- 32A Management plan
- 32B Administration and enforcement of management plan
- 32C Report on administration and enforcement of management plan
- 32D Public availability of report
- 32E Certain plans deemed to be approved management plans
- 32F Compensation in certain circumstances
- 32G Amendment or revocation of approved management plan
- 32H Plan must be available for inspection
Division 4--Minister's powers toqualify rights
- 33 Definitions
- 33AAA Temporary qualification of rights to water
- 33AAB Permanent qualification of rights to water
- 33AAC Procedures applying to qualifications
- 33AAD Conditions on certain qualifications
Division 5--State observation bores
- 33A Power to enter land
- 33B Compensation
- 33C Right to take water for domestic and stock use from a State observation bore
- 33D Offence to interfere etc. with State observation bore
PART 3AA--VICTORIAN ENVIRONMENTAL WATER HOLDER
Division 1--Establishment of the Water Holder
- 33DA Definitions
- 33DB Victorian Environmental Water Holder
Division 2--Objectives, functions and powers of the Water Holder
- 33DC Objectives of the Water Holder
- 33DD Functions of the Water Holder
- 33DE Powers of the Water Holder
Division 3--Governance of the Water Holder
- 33DF Constitution of the Water Holder
- 33DG Terms and conditions of appointment
- 33DH Removal of Commissioners
- 33DI Acting Commissioners
- 33DJ Declaration of pecuniary interests
- 33DK Payment of Commissioners
- 33DL Meetings of the Water Holder
- 33DM Staff
- 33DN Consultants
- 33DO Water Holder Trust Account
- 33DP Delegation
- 33DQ Application of Public Administration Act 2004
- 33DR Application of Financial Management Act 1994
Division 4--Accountability of the Water Holder
Division 5--Planning by the Water Holder
- 33DV Preparation of corporate plan
- 33DW Variation of corporate plan during operation of plan
- 33DX Seasonal watering plans
- 33DY Seasonal watering statements
- 33DZ Water Holder may request information relating to water season
Division 6--Ministerial rules relating to Water Holder
- 33DZA Ministerial rules relating to Water Holder
PART 3A--WATER SHARES
Division 1--Offence as to taking of water
- 33E Offences for taking water without a water share[11]
- 33EA Evidentiary provisions for offences under section 33E
- 33EB Power to issue infringement notice in relation to offence under section 33E(3)
Division 2--Issuing and nature of water share
- 33F Issuing and nature of water shares
- 33G Matters the Minister must determine in issuing a water share
- 33H Matters Minister must specify in issuing water share
- 33I Circumstances in which Minister must not issue a share
- 33J Matters to be considered in issuing certain water shares
- 33K Matters to be considered in issuing water shares on interstate applications
Division 3--Application for or sale of water shares
- 33L Application for water share
- 33M Applications for water shares by holders of interstate right
- 33N Minister to defer application where area is proposed to be a water supply protection area
- 33O Minister to advise applicant of decision
- 33P Sale of water shares by Minister
Division 4--Variation of water shares
- 33Q Power of Minister to vary water shares
- 33R Applications for variation of water shares
Division 5--Dealings with water shares
- 33S Transfer of ownership of water share
- 33T Limited term transfers of rights to future water allocations under water shares
- 33TA Standing assignments of future allocations under water shares
- 33TB Ministerial approval of revocation of standing assignment
- 33U Assignment of water allocation
- 33V Further assignment of water allocation
- 33W Offence to give a transfer, standing assignment or assignment without Ministerial approval
- 33X Ministerial approval
- 33Y Division of water shares
- 33Z Consolidation of water shares
Division 6--Surrender and cancellation of water shares
- 33AA Surrender of water share
- 33AB Cancellation where interstate rights are obtained
- 33ABA Cancellation where rights outside declared water system are obtained
Division 7--Water allocations
- 33AC Water allocations
- 33AD Declaration for taking of water allocation under water share in subsequent water season
Division 8--Intrastate and interstate agreements and approvals
- 33AE Interstate agreement as to dealings in water rights
- 33AF Offence to take interstate water without approval of Minister
- 33AG Approval of Minister to taking of interstate water
Division 9--Fees for provision of services to owners of water shares
- 33AJ Service provision fees
- 33AK Fee to be a charge over water share
Division 12--Miscellaneous matters as to water shares
- 33AV Effect of death of owner or holder of certain other interests
- 33AVA Effect of death of person who holds a water allocation
- 33AW Applications under this Part
- 33AX Application for Tribunal to review decisions under this Part
- 33AY Time for making application
Division 13--Rule making powers of Minister
- 33AZ Rule making powers for water shares
PART 4--ALLOCATION OF WATER
Division 1--Bulk entitlements
- 34 Definition and disallowance
- 34A Grant of bulk entitlement
- 36 Application for bulk entitlement
- 38 Advertisement etc. of application
- 39 Appointment of panel
- 40 Matters to be taken into account
- 41 Application to be deferred in certain circumstances
- 42 Determination of application
- 43 Order granting entitlement
- 43A Appointment of resource managers and environmental managers
- 44 Amendment of entitlement by Order
- 44A Amendment of entitlement where water allocated to environmental entitlement
- 44B Cancellation of bulk entitlement where water to be transferred to environmental entitlement
- 45 Minor amendment of bulk entitlement by notice
- 46 Assignment of water allocation
- 46A Further assignment of water allocation
- 46B Offence to give an assignment without Ministerial approval
- 46C Ministerial approval
- 46CA Effect of death of person who holds a water allocation
- 46D Transfer of bulk entitlement
- 46E Ministerial approval for transfer
- 46F Sale of bulk entitlement
- 46G Effect of transfer of bulk entitlement
- 47 Conversion of existing entitlements
- 47A Compliance with terms of bulk entitlement
- 47B Minister may request application
- 47C Application for conversion of licences or water shares to bulk entitlements
- 47CA Minister may convert licence or water share to bulk entitlement
- 47CB Effect of conversion
- 47D Minister may sell unallocated water
- 47DA Declaration for taking of water allocation under bulk entitlement in subsequent water season
- 47E Rule making powers for bulk entitlements
Division 1A--Environmental entitlements
- 48A Definitions
- 48B Allocation of environmental entitlement
- 48BA Purpose of assigned entitlement
- 48C Requirements as to making of allocation
- 48D Advertisement etc. of request
- 48E Appointment of panel
- 48F Matters to be considered
- 48G Determination of request
- 48H Procedures required in determining request
- 48I Requirements as to instrument allocating entitlement
- 48J Conditions relating to entitlements
- 48K Amendment of entitlement by the Minister
- 48KA Water allocations may be applied for other environmental entitlements
- 48L Assignment of water allocation
- 48M Further assignment of water allocation
- 48MA Declaration for taking of water allocation under environmental entitlement in subsequent water season
- 48N Offence to give an assignment without Ministerial approval
- 48O Ministerial approval
- 48OAA Effect of death of person who holds a water allocation
- 48OA Transfer of environmental entitlement
- 48OB Ministerial approval for transfer
- 48OC Sale of environmental entitlement
- 48OD Effect of transfer of environmental entitlement
- 48OE Application for conversion of licences or water shares to environmental entitlements
- 48OF Minister may convert licence or water share to environmental entitlement
- 48OG Effect of conversion
- 48P Rule making powers for environmental entitlements
- 48PA Applications under this Division
Division 2--Licences
- 49 Advertisement etc. of application
- 50 Appointment of panel
- 51 Licence to take and use water
- 51AA Amendment of original registration licences and issue of new registration licences in certain circumstances
- 51AB Issue of new registration licences in certain circumstances
- 51A Surrender of registration licence
- 51B Application to go to certain bodies
- 51C Bodies must consider application
- 52A Criteria to determine maximum volume of water use for certain licence applications
- 53 Matters to be taken into account
- 54 Minister to defer application in certain circumstances
- 55 Determination of application
- 55A Offence to breach licence conditions[13]
- 56 Conditions of licence
- 57 Sale of licence by Minister
- 58 Renewal of licence
- 59 Amendment of licence issued under section 51(1), or a registration licence, on motion of Minister
- 59A Amendment of licence issued under section 51(1), or a registration licence, on application of licence holder
- 59B Procedure applying to application
- 59C Ministerial consideration of application
- 60 Suspension and cancellation of licence
- 60A Process for suspension or cancellation of licence
- 61 Surrender of licence
- 61A Cancellation of licence where water share obtained in declared water system
- 62 Transfer of licence
- 62A Declaration for taking of water under a licence in subsequent water season
- 63 Offences for taking or using water from a non‑declared water system[14]
- 63A Evidentiary provisions for offences under section 63
- 63B Power to issue infringement notice in relation to offence under section 63(3)
- 64 Review of decisions
- 64AAA Rule making powers for licences under section 51
Division 3--Powers of Minister where water taken exceeds authorised amount
- 64A Taking unauthorised amount of water from approved place
- 64B Approval holder's obligation to find out amount of water the holder is authorised to take
- 64C Taking water in excess of amount authorised under a section 51 licence
- 64D Licence holder's obligation to find out the amount of water the licence holder is authorised to take
- 64E When does determination take effect?
- 64EA Notification of determination
- 64EB Matters Minister may refer to in determining amounts of water taken
- 64EC Review by VCAT
- 64ED Time period for making application for review
Division 4--Periodic amendment of entitlements
- 64F Records and reports of transfers
PART 4AA--PLACES, RATES AND TIMES OF TAKING OF WATER
Division 1--Preliminary
- 64FA Interpretation
Division 2--General place of take approval
- 64FB Offence for general place of take approval
- 64FC Giving general place of take approval
- 64FD Application for general place of take approval
- 64FE Cessation of general place of take approval
- 64FF Conditions on general place of take approval
- 64FG Offence to fail to comply with a condition of a general place of take approval
- 64FH Maximum rate of take condition
- 64FI Maximum rate of take declaration
- 64FJ Determination of maximum rate of take
- 64FK Process for maximum rate of take declaration
- 64FL Process before making maximum rate of take declaration
- 64FM Variation of maximum rate of take on application by approval holder
- 64FN Transfer of maximum rate of take on application by approval holders
- 64FO Transfer of general place of take approval to another person
- 64FP Variation of general place of take approval
- 64FQ Approved place must not be changed
- 64FR Cancellation of general place of take approval on application
- 64FS Cancellation of general place of take approval on Minister's own motion
- 64FT Process before cancelling approval
- 64FU Fixing a notional rationing rate when giving approval
- 64FV Fixing notional rationing rates in irrigation districts
- 64FW Process before making a notional rationing rate declaration
- 64FX Transfer of notional rationing rate on application by approval holders
- 64FY Variation of notional rationing rate on application by approval holder
- 64FZ Variation of notional rationing rates by the Minister
- 64FZA Process before making a declaration varying notional rationing rates
- 64FZB Offence for contravening a determination under this Subdivision
- 64FZC Making a restriction determination
- 64FZD Matters that apply to restriction determinations
- 64FZE Making a prohibition determination
- 64FZF Matters that apply to prohibition determinations
- 64FZG Publication and period of operation of determinations
- 64FZH Non-application of determination
Division 3--Particular place of take approval
- 64FZI Offence for particular place of take approval
- 64FZJ Giving particular place of take approval
- 64FZK Application for particular place of take approval
- 64FZL Period for particular place of take approval
Division 4--General
- 64FZM Review by VCAT
- 64FZN Time period for making application for review
- 64FZO Applications under this Part
- 64FZP Rule making powers for approvals and determinations under this Part
- 64FZQ Matters to be considered in making rules under section 64FZP
Division 5--External place of take approval
- 64FZR Offence for external place of take approval
- 64FZS Giving of external place of take approval
- 64FZT Application for external place of take approval
- 64FZU Conditions on external place of take approvals
- 64FZV Period of approval
PART 4AB--SEASONAL DETERMINATIONS
- 64GA Appointment of Authorities to be responsible for seasonal determinations
- 64GB Seasonal determinations by Authorities
PART 4A--DELIVERY OF INTERSTATE WATER
PART 4B--WATER-USE LICENCES AND WATER USE REGISTRATIONS
Division 1--Offences
Division 2--Grant of water-use licences
- 64L Power to grant water-use licences
- 64M Matters to be considered in granting water-use licences
- 64N Obligation not to grant licence in certain circumstances
- 64O Applications for water-use licences
- 64P Form of application
- 64Q Referral of application
- 64R Licence fees
- 64S Change of ownership of specified land
Division 3--Water-use objectives for licences
- 64T Objectives as to water use
- 64U Matters that objectives may provide for
- 64V Recommendations by Catchment Management Authorities
- 64W Revoking or amending determinations as to objectives
- 64X Notification and effect of determinations as to objectives
Division 4--Standard water-use conditions for licences
- 64Y Standard water-use conditions
- 64Z General provisions applying to standard water-use conditions
- 64AA Recommendations by Catchment Management Authorities
- 64AB Revoking or amending determinations as to standard water‑use conditions
- 64AC Notification and effect of determinations as to standard water‑use conditions
Division 5--Particular conditions on licences
- 64AD Particular conditions on water-use licences
Division 6--Further provisions as to conditions on licences
- 64AE Effect of inconsistency between standard water-use conditions and other conditions on licences
- 64AF Offence to fail to comply with licence condition
Division 7--Variations of licences
- 64AG Variation of water-use licences on motion of Minister
- 64AH Variation of water-use licence on application of licence holder
- 64AI Form of applications for variation
Division 8--Suspension, revocation, cancellation and other powers for licences
- 64AJ Suspension of water-use licence
- 64AK Revocation of water-use licence
- 64AL Cancellation of water-use licence on motion of the Minister
- 64AM Other powers to cancel water-use licences
- 64AN Application for review of Minister's decisions as to licences
- 64AO Time period for making an application for review
Division 9--Registration of water uses
- 64APAA Definition
- 64AP Power to register water uses
- 64AQ Matters to which a Minister must have regard in registering use
- 64AR Applications for water-use registrations
- 64AS Change of ownership of land specified in registration
- 64AT Condition on water-use registrations as to annual use limit
Division 10--Variation, cancellation and other powers as to registration
- 64AU Variation of water-use registrations on application
- 64AV Cancellation of water-use registration on motion of the Minister
- 64AW Other powers to cancel water-use registrations
- 64AX Application for review of Minister's decisions as to registrations
- 64AY Time period for making an application for review
Division 11--Rule making powers of Minister
- 64AZ Rule making powers for water‑use licences and water-use registrations
PART 5--WORKS
Division 1--General
Division 2--Licence to construct works, etc.
- 67 Licence to construct works etc.
- 67A Application to go to certain bodies
- 67B Bodies must consider application
- 68 Matters to be taken into account
- 69 Determination of application
- 70 Other permits etc. still necessary
- 70A Offence to breach licence conditions under section 71[16]
- 71 Conditions on which licence may be issued
- 72 Renewal of licence
- 73 Amendment of licence
- 73A Amendment of conditions on works licences
- 74 Transfer of licence
- 74A Annual charge for surveillance etc.
- 74AA Licence fees for works licences
- 74AB Suspension or cancellation of licence
- 74AC Process for suspension or cancellation of licence
- 75 Offences
- 75A Offences as to obstruction of waterways etc.[17]
Division 3--Underground disposal
- 76 Power of Minister to approve underground disposal
- 76A Offences as to disposal of matter underground[18]
- 77 Other permits etc. still necessary
Division 4--Directions
- 78 Power of Minister to give directions
- 78A Offence not to comply with section 78 direction[19]
- 79 Power of Minister to give direction to bore occupier
- 79A Offence not to comply with section 79 direction[20]
- 80 Power to give directions concerning dams
- 80AA Offence not to comply with section 80 direction[21]
- 80A Design criteria etc. for re-use dams
- 81 Power of Minister to carry out work[22]
- 81A Minister may apply for injunction
- 82 Compensation
Division 5--Review of decisions
- 83 Review of decisions
PART 5AA--LEVEE MAINTENANCE ON CROWN LAND
Division 1--Definitions
- 84AAA Definitions
Division 2--Authority conferred by permits
- 84AAB What a levee maintenance permit authorises
Division 3--Application for permit
Division 4--Dealing with application for permit
- 84AAE Determination of application
- 84AAF Matters to be set out in permit
- 84AAG Conditions of levee maintenance permit
- 84AAH Period a levee maintenance permit is in effect
Division 5--Variation of conditions or revocation of permit
- 84AAI Application
- 84AAJ Referral of application to land manager
- 84AAK Determination of application
- 84AAL Variation of conditions on Minister's initiative
- 84AAM Referral of proposal to land manager in certain circumstances
- 84AAN Revocation of permit
Division 6--Apportionment of application fee
- 84AAO Payment to land manager of portion of application fee
PART 5A--VICTORIAN WATER REGISTER
Division 1--Victorian water register
- 84A Object of this Part
- 84B Purpose of water register
- 84C Responsibilities for water register
- 84D Form and manner of keeping water register
- 84E Disclosure of information
Division 1A--Minister's functions
- 84EA Functions of Minister as to water register
Division 2--Registrar
Division 3--Recordings of water shares by the Registrar
- 84I What is recorded in the water register about water shares?
- 84J Recording of transfers
- 84JA Recording of surrender of limited term transfer
- 84K Recording of legal personal representatives
- 84L Recording of survivor of joint ownership or holding
- 84M Recording of trustee of bankrupt
- 84N Recording of mortgages
- 84O Electronic lodgement system
- 84P Recording and incorporation of common provisions
- 84Q Priority of recordings
Division 4--Recordings by the Minister
- 84R What is recorded in the water register about water-use licences?
- 84S What is recorded in the water register about water‑use registration?
- 84T What is recorded in the water register about bulk entitlements?
- 84U What is recorded in the water register about environmental entitlements?
- 84V What is recorded in the water register about works licences?
- 84VA What is recorded in the water register about licences to take and use water?
- 84VB What details about the holders of certain water rights must be recorded in the water register?
- 84VC What is recorded in the water register about place of take approvals under Part 4AA?
Division 5--Recordings by Authorities
- 84W What must an Authority record in the part of the water register for which it is responsible?
- 84WA What must a Rural Water Authority record in the part of the water register for which it is responsible?
Division 6--Searching information in the water register
- 84X What information is available from the water register?
- 84Y Suppression of certain personal records and information
- 84Z Rights of review
- 84ZA Searching the water register
Division 7--Corrections and amendment of water register
- 84ZB Correction and amendment of water register
- 84ZC Notification of parties
Division 8--General
- 84ZD Power to require statutory declarations
- 84ZE Recording body may require proof of identity
- 84ZF Recording body may require production of documents
- 84ZG Monetary consideration to be stated in transfer
- 84ZH Method of giving of notices
- 84ZI Approved forms
- 84ZJ Power to remit fees
Division 9--Offences and enforcement
- 84ZK Certificates and evidentiary effect
- 84ZL False or misleading information
- 84ZM Making false entries etc. in water register
PART 6--WATER CORPORATIONS
Division 1--Establishment, restructuring, abolition and administration of water corporations
- 85 Establishment of water corporations
- 86 Application of Public Administration Act 2004
- 87 Restructuring of water corporations
- 88 Abolition of water corporations
- 89 Publication of determinations as to establishment, restructuring and abolition
- 90 Effect of Schedule 2
- 91 Appointment of administrator
Division 2--Functions, powers, duties and objectives of water corporations
- 92 Functions, powers and duties of water corporations
- 93 Sustainable management principles for water corporations
- 94 Business objective for water corporations
Division 3--Boards of directors
- 95 Board of directors
- 96 Other duties not affected
- 97 Appointment of members of board of directors
- 98 Terms and conditions of appointment of members of board of directors
- 99 Managing Director
- 100 When a member of the board of directors of a water corporation ceases to hold office
- 101 Removal from office of member of the board of directors
- 102 Acting Managing Director
- 103 Removal of managing director
- 104 Chairperson
- 105 Deputy chairperson
- 106 Acting appointments
- 107 Validity of decisions
- 108 Improper use of information
- 109 Effect of pecuniary interests
- 110 What constitutes a pecuniary interest?
- 111 Pecuniary interest does not prevent voting and consideration of some questions
- 112 Effect of finding of guilt for offence against section 109
- 113 Submission of returns by members of the board and nominated officers
- 114 Information to be disclosed in primary and ordinary returns
- 115 Water corporation to maintain register
- 116 Contracts of insurance
- 117 Allowances
- 118 Expenses
- 119 Employment of officers of water corporations
- 120 Meetings and proceedings at meetings of the boards of directors
- 121 Validity of decisions of board of directors of water corporation
- 122 Special meetings
- 122A Resolutions without meetings
Division 4--Other provisions relating to water corporations
- 122B Powers of delegation of water corporations
- 122C Committees established by the board of directors of a water corporation
- 122D Incorporated committees
- 122E Regulation making powers
Division 5--Particular water corporations
- 122F Additional function of Central Gippsland Region Water Corporation
PART 6A--DISTRICTS AND LAND MANAGEMENT AREAS
Division 1--Water supply, sewerage, irrigation and waterway management districts
- 122G Determination of districts
- 122H Effect of determination on existing districts
- 122I Variation or abolition of district
- 122J Procedural requirements before making a determination under this Division
- 122K Considerations in making determination under this Division
- 122L Saving of districts—Water and Catchment Legislation Amendment Act 2019
- 122M Waterway management district of Melbourne Water Corporation
Division 5--Environmental and recreational areas
- 122ZA Environmental and recreational areas
- 122ZB Functions of Authority in area
- 122ZC Contributions by public authorities
- 122ZD Revenue from land
- 122ZE Limitation of exercise of powers under this Division
PART 6B--DUTIES OF WATER CORPORATIONS
Division 1--Customer dispute resolution
- 122ZG Customer dispute resolution
Division 2--Dividends
- 122ZH Dividends
Division 3--Repayment of capital
- 122ZI Repayment of capital
Division 4--Annual report
- 122ZJ Information to be included in annual report
PART 6C--STORAGE MANAGERS
- 122ZK Appointment of storage managers
- 122ZL Functions of storage managers
- 122ZM Management agreements for water storages
- 122ZN Powers for storage managers to charge fees
PART 7--GENERAL POWERS
- 123 Powers of Authorities
- 124 Particular powers of Authorities
- 124B Obligations of Catchment Management Authorities in relation to declared areas
- 124C Obligations of Corangamite Catchment Management Authority and Glenelg Hopkins Catchment Management Authority in relation to the Great Ocean Road region
- 125 Accountability of Authorities
- 126 Contracts and agreements
- 127 Commercial ventures
- 128 Accident insurance
- 129 Intellectual property
- 130 Acquisition of land
- 131 Management of Crown land
- 132 Other dealings with land
- 133 Power to enter land
- 134 Obligations in relation to entry of land
- 135 Powers under Land Acquisition and Compensation Act 1986
- 136 Subdivisional easements and reserves
- 137 Works on a road
- 137A Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock
- 137B Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock
- 137C Notification of Authorities before railway operations carried out
- 138 Ownership of works
- 139 Abandonment of major works
- 139A Submission of proposal for approval of the abandonment or decommissioning of major works
- 139B Notification of proposal to approve the abandonment or decommissioning of major works
- 139C Submissions on proposal
- 139D Authority to consider submissions
- 139E Appointment of panel by Minister
- 140 Preparation and inspection of plans
- 141 Authority may reduce, restrict or discontinue water supply[24]
- 141A Circumstances in which Melbourne Water Corporation to continue water supply
- 142 Water meters
- 142A Estimate of water supplied or delivered
- 143 Waste and misuse of water supply[25]
- 144 Serviced properties
- 144A Serviced property, Melbourne Water Corporation
- 145 Control over connections[26]
- 145A Offences as to connections and discharges without consent[27]
- 146 Diversion into works of an Authority
- 147 Notice to connect
- 148 Structures over works
- 149 Removal of trees[29]
- 150 Notice to repair[30]
- 151 Notice of contravention[31]
- 152 Notice of intention to affect works
- 153 Notice to alter or remove works[32]
- 154 Determination of disputes[33]
- 155 Compensation for damage
- 155A Compensation for loss of services on declaration of cessation
- 156 Authority may send water into waterway etc.
- 157 Liability of Authorities arising out of flow of water[34]
- 158 Information statements
- 159 Notice of disposition of land
- 159A Requirement to make emergency management plan
- 159B Variation of plan
- 159C Publication and effect of plan
- 159D Review of plan at request of Minister
- 159E Emergency
- 160 By-laws
- 161A Limitation of exercise of powers under this Part
PART 7A--RECONFIGURATION PLANS
- 161B Definitions
- 161BA Reconfiguration plans
- 161C Contents of reconfiguration plans
- 161D Draft plans for reconfiguration of infrastructure
- 161E Directions of Minister as to reconfiguration plans
- 161F Adoption of reconfiguration plans by Authority
- 161G Approval of reconfiguration plans by the Minister
- 161H Appointment of Panel
- 161I Approval and notification of plan
- 161J Termination of services to properties consequent on plans for reconfiguration
- 161K Plans by agreement
PART 8--WATER SUPPLY
Division 1--Authorities with a water supply district
- 162 Application of this Division
- 163 Functions of Authorities
- 164 Exercise of functions of Authority outside its water supply district
- 165 Fire plugs and free water
- 167 Power to enter land for water supply protection
- 168 Immediate action for water supply protection
- 169 Notice of contravention for water supply protection
- 169A Offence not to comply with notice of contravention[36]
- 169B Authority may carry out works etc. where notice not complied with
- 170A Preparation and adoption of permanent water saving plan
- 170B Variation of plan
- 170C Major deviations from plan
- 170CA Requirement to publish permanent water saving plan
- 170D Copy of plan
- 170E Implementation of plan
- 170F Contravention of plan
- 170G Inconsistency
- 171 By-laws
Division 2--Melbourne Water Corporation
- 171B Water supply function of Melbourne Water Corporation
- 171C System access
- 171D Fire plugs and free water—Melbourne Water Corporation
- 171E Power to enter land for water supply protection
- 171F Notice of contravention for water supply protection
- 171G Immediate action for water supply protection
- 171H By-laws
- 171I Obligations of Melbourne Water Corporation in relation to Yarra River land
- 171J Obligations of water corporations in relation to declared areas
- 171K Obligations of certain water corporations in relation to the Great Ocean Road region
PART 9--SEWERAGE
Division 1--Authorities other than Melbourne Water Corporation
- 172 Definitions
- 173 Functions of Authorities
- 174 Exercise of functions of Authority outside its sewerage district
- 175 New works
- 176 Compensation not payable in certain cases
- 177 Testing etc. of waste
- 178 Protection of sewers[37]
- 179 Special sewerage services
- 180 Septic tank permit applications
- 182 Enforcement of agreement
- 183 Powers in relation to septic tanks
- 184 By-laws about private works and septic tank systems
Division 2--Melbourne Water Corporation
- 184A Sewerage functions of Melbourne Water Corporation
- 184B Application of certain provisions of Division 1 of Part 9
PART 10--WATERWAY MANAGEMENT
Division 1--Preliminary
- 185 Application of this Part
- 186 Exercise of functions of Authorities
- 186A Statements of obligations of Authorities with waterway management functions
Division 2--Waterway management
- 187 Application of Division
- 188 Designated waterways and designated land or works
- 188A Designated waterways, land or works—Melbourne Water Corporation
- 189 Functions of Authorities
- 190 Preparation of regional waterway strategies
- 191 Approval of regional waterway strategies
- 192 Variation of regional waterway strategies during operation of strategy
- 192A Seasonal watering proposals
- 193 Closing of access by Authorities
- 194 Works that interfere with designated land or works[38]
- 195 Control over connections and discharges[39]
- 196 Owner finance
- 197 Finance for increased use of services
- 197A Ministerial rules for regional waterway strategies and seasonal proposals
Division 3--Regional drainage
- 198 Application of Division
- 199 Functions of Authorities
- 200 Control over diversion of drainage water[40]
Division 4--Floodplain management
- 201 Application of Division
- 202 Floodplain management functions
- 203 Declarations by Authorities
- 204 Adoption of flood level
- 205 Declarations by the Minister
- 206 Notice of declarations
- 207 Review of declarations
- 208 Control of works and structures[41]
- 209 Removal of existing works and structures
- 210 Compensation
- 211 Indemnities
- 212 Availability of information
Division 5--Water management schemes
- 213 Functions of the Minister
- 214 Investigations
- 215 Water management schemes
- 216 Approval of schemes
- 217 Removal or modification of works
Division 6--Drainage courses
- 218 Drainage courses[42]
Division 7--By-laws
- 219 By-laws
PART 11--IRRIGATION
Division 1--General
- 220 Definitions and application
Division 2--Functions, powers and duties of Authorities
- 221 Functions of Authorities under this Part
- 222 General powers and duties of Authorities under this Part
Division 3--Specific provisions as to volume and period of delivery
- 223 Authority to determine volumes and periods of delivery
- 224 Variation of delivery determinations on application
- 225 Variation of delivery determination on motion of Authority
- 226 Determination to transfer volume or periods
Division 4--Conditions and Ministerial directions as to delivery
- 227 Authority to fix terms and conditions for the service of delivering water
- 228 Ministerial directions
Division 5--Miscellaneous
- 229 Declaration that property not to be serviced property
- 230 Form of applications under this Part
Division 6--Powers to reduce etc. delivery service
PART 11A--SALINITY MITIGATION
Division 1--Preliminary
- 232 Determination of salinity impact zones
Division 2--Functions and powers of the Minister
- 232A Functions and powers of the Minister as to salinity mitigation
Division 3--Imposition of salinity impact charges
- 232B Fixing salinity impact charges
- 232C Annual adjustment of determined amount
- 232D Imposition of capital works salinity impact charge
- 232E Imposition of annual salinity impact charge
- 232F Minister may except persons from imposition of charge
PART 12--ACCESS OVER LANDS
- 233 Definitions and application
- 234 Access by agreement
- 235 Access without agreement
- 236 Registration of right of access
- 237 Revocation or variation of right of access
- 238 Maintenance of works
- 239 Breaking up roads in maintaining etc. works
- 240 Penalty for obstructing works
- 241 Notice that right of access is sought over public land
- 242 Joint rights of access
- 243 Costs of investigations
- 244 Community drainage and salinity schemes
- 245 Powers of committee
- 246 Powers of Corporation and councils for community schemes
PART 13--FINANCE AND ACCOUNTABILITY
Division 1--Corporate plans
- 247 Corporate plans
- 248 Statement of corporate intent: contents
- 249 Inspection of corporate plans
- 250 Board to notify Minister and Treasurer of significant affecting events etc.
- 251 Report on achievement of corporate plan
Division 3--Funds of Authorities
Division 4--Borrowing
Division 5--Payment for services
- 257 Definitions
- 258 Properties subject to tariff
- 259 Tariffs
- 260 Setting a tariff
- 260A Limits on power of certain Authorities to set tariffs
- 261 Valuation equalisation factor
- 262 Valuations
- 263 Supplementary valuations
- 263A Liability of owners corporation or lot owners for fees for services supplied to subdivision
- 264 Power to charge
- 264A Authority may charge for securing bulk entitlements
- 265 Charges for property that is not rateable[43]
- 266 Application for review
Division 6--Owner finance
- 266A Definition
- 267 Operation of Division
- 268 Authority may require payment[44]
- 269 Contributions for increased services[45]
- 270 Payments on connection[46]
- 271 Review of required payments
- 272 Authority may require further payment
- 273 When payment is due
Division 7--Payment and recovery of money
- 273AA Application of Division
- 273A Liability of occupier
- 273B Vacation of property
- 274 Payment to Authorities
- 274A Application of payments made to metropolitan water corporations
- 275 Person who acquires property is liable
- 277 Recovery as between owner and occupier
- 281 Interest on unpaid money[47]
Division 7A--Payment and recovery of money owed to Melbourne Water Corporation
- 281A Agreements with respect to collection of fees under tariffs
- 281B Recovery of fees under tariffs
- 281C Inspection of rate records
Division 8--Concessions and exemptions
Division 9--Contributions from councils and other Authorities
- 285 Pre-requisites for requirement of contribution
- 286 Authorities may require contributions from councils and other Authorities
- 287 Authorities may require special contributions
Division 10--Salinity impact charges
- 287A Minister may require payment of salinity impact charges
- 287AB Notice of salinity impact charges
- 287AC Payment of salinity impact charges
- 287AD Unpaid salinity impact charges debts due to Crown
- 287AE Interest on unpaid salinity impact charges
- 287AF Unpaid salinity impact charges are charges on property
- 287AG Collection of salinity impact charges
- 287AH Application of salinity impact charges
Division 11--Recovery of fees etc. under Part 3A
- 287B Disposal of water shares for unpaid contributions, fees and other amounts
- 287C Application of proceeds
- 287D Sale or transfer cancels encumbrances
PART 13A--PROCESS FOR TRANSFER OF PROPERTY ETC. OF AUTHORITIES
- 287E Definitions
- 287F Requirements for preparation of allocation statement
- 287G Amendment of allocation statement
- 287H Property transferred in accordance with allocation statement
- 287I Staff transferred in accordance with allocation statement
- 287J Allocation of property etc. subject to encumbrances
- 287K Certificate of managing director
- 287L Value of transferred property
- 287M Substitution of party to agreement
- 287N Former transferor instruments
- 287O Proceedings
- 287P Interests in land
- 287Q Easements
- 287R Amendment of Register
- 287S Taxes
- 287T Evidence
- 287U Validity of things done under this Part
PART 13B--PROCEDURES FOR MAKING BY-LAWS
Division 1--Preliminary
Division 2--Procedure for making by-laws using model by‑laws
- 287X Requirements for Minister when issuing model by‑laws
- 287Y Minister to give notice of proposed model by-law
- 287Z Inspection of proposed model by-law
- 287ZA Submissions on model by-laws
- 287ZB Issuing of model by-laws
- 287ZC Making and giving of notice of making of by-law using model by-law
Division 3--Procedure for making by-laws not using model by‑laws
- 287ZD Obligation of Authorities when exercising by-law making power
- 287ZE Authority to give notice of proposed by‑law
- 287ZF Inspection of proposed by-law
- 287ZG Submissions on by-laws
- 287ZH Consideration and Ministerial approval
- 287ZI Making and giving of notice of making
Division 4--General
PART 14--ENFORCEMENT
Division 1--General offences
- 288 Offences as to Authority's property[48]
- 288A Evidentiary provisions for offences under section 288[49]
- 289 Wrongful taking etc. of water[50]
- 289A Evidentiary provisions for offences under section 289[51]
- 289B Offence to interfere with flow of water[52]
- 289C Power to issue infringement notice in relation to offences under sections 289(3) and 289B(3)[53]
- 290 Uncovering or exposing works[54]
- 291 Trespass
Division 2--Appointment etc. of authorised water officers
- 291A Appointment of authorised water officers
- 291B Identification of authorised water officers
- 291C Offence to impersonate authorised water officer
Division 3--Powers of authorised water officers
- 291D Authorised water officer may require person to state name and address
- 291E Entry with warrant
- 291F Announcement before entry
- 291G Details of warrant to be given to occupier
- 291H Seizure of things not named in the warrant
Division 4--Further enforcement provisions
- 292AA Interpretation
- 292 Offence of obstructing etc. officers
- 293 Power to require person to state name and address
- 294 Occupier or manager required to state owner's etc. name and address
- 295A Power to issue infringement notices
- 295B Indictable offences
- 296 Prosecutions
- 297 Criminal liability of officers of bodies corporate—failure to exercise due diligence
- 297A Criminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof)
- 298 Application of penalties
- 299 Civil remedies not affected by bringing of proceeding
- 300 Proof of certain matters not required
- 301 General evidentiary provisions
- 302 Use of analyst's certificate in prosecutions
- 303 Authentication of documents
- 303A Issues of evidence and proof
- 304 Service of documents on an Authority
- 305 Service of documents by an Authority
PART 15--GENERAL
- 305A Application to Tribunal for declaration
- 305B Matters Tribunal must take into account in review proceedings
- 305C Incorporation of documents in certain orders or other instruments
- 305D Validation of certain orders or other instruments
- 306 Power of Minister to delegate
- 307 Power of Minister to give directions
- 307A Reimbursement of cost of complying with directions
- 308 Power of Minister to exempt
- 309 Powers of the Minister in enforcing certain Parts of this Act
- 310 Establishment of Drillers' Licensing Board
- 311 Application for licence
- 312 Board may grant licence
- 313 Licences may be revoked or suspended
- 314 Register of licences
- 315 Term of licence
- 316 Requirement that licensed driller carry out work
- 317 Appeals
- 318 Advisory committees established by Minister
- 319 Department Head
- 321 Officers appointed or transferred to Authorities
- 322 Guidelines as to terms and conditions of employment
- 323 Saving of rights of public servants appointed to Authorities
- 323A Supreme Court—limitation of jurisdiction
- 324 Regulations
- 325A Effect of Schedule 15
- 326 Savings and transitionals
- 330 Transitional provisions for removal of power to set fees under tariffs
- 331 Transitional provisions—Water (Irrigation Farm Dams) Act 2002
- 334 Certificate as to land taken over by another body
PART 16--TRANSITIONAL, VALIDATION AND OTHER PROVISIONS--WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2019
Division 1--Serviced property, transitional and validation provisions
- 335 Definitions
- 336 Serviced property immediately before the serviced property commencement
- 337 Certain land taken to be serviced property
- 338 Certain properties taken to have been serviced properties for the purposes of fees for services under Parts 8, 9, 10 and 11
Division 2--Validation of charges in relation to salinity mitigation
- 339 Meaning of validation date
- 340 Validation provision in respect of section 287A
- 341 Validation provision in respect of section 64R
- 342 Proceedings on foot not affected
Division 3--Salinity impact charge determinations
- 343 Regulatory impact statement not required for first salinity impact determination
Division 4--General
- 344 Transitional provision—Sustainable Water Strategies—Water and Catchment Legislation Amendment Act 2019
- 345 Savings provision—Infringement notices—Water and Catchment Legislation Amendment Act 2019
- 346 Savings provision—Water (Estimation, Supply and Sewerage) Regulations 2014—Water and Catchment Legislation Amendment Act 2019
PART 17--TRANSITIONAL PROVISIONS--WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2021
Division 1--Definitions
- 347 Definitions
Division 2--Transitional provisions for Part 2 of the 2021 Act
- 348 Certain property taken to be serviced property
- 349 Standing direction taken to be standing assignment
- 350 Transitional provision for old zones in water systems
- 351 Transitional provision for interstate rights
Division 3--Transitional provisions for Part 4AA
- 352 Definition
- 353 Transition to general place of take approval for licence and registration holders
- 354 Transition of notional rationing rates for general place of take approvals under section 353
- 355 Transition to particular place of take approval
- 356 Transition to general place of take approval for persons who do not hold water-use licences or water-use registrations
- 357 Notional rationing rate for general place of take approvals under section 356
- 358 Transition to particular place of take approval
- 358A Transition to external place of take approval for certain approvals under section 33AI
- 359 Transition to general place of take approval for Authorities or the Water Holder
- 360 Notional rationing rate for general place of take approvals under section 359
- 361 Transition to particular place of take approval
- 362 Notional rationing rate where there is more than one general place of take approval for one place
- 363 Determining place of take
- 364 Applications under section 33AQ
- 365 Applications under section 64K
- 366 Regulatory impact statement not required for first rules made under section 64FZP
- 367 Conversion rules
- 368 Minor or technical alterations
Division 4--Transitional provisions for Part 5 of the 2021 Act
- 369 Effect of change of name of City West Water Corporation