Untitled document

Water (Lake Eildon Recreational Area) (Houseboats) Amendment Regulations 2017

S.R. No. 102/2017

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Definitions

6Application for and issue of a houseboat licence

7Inspections

8Regulation 7 revoked

9Restricted term licence

10Regulation 12 substituted

11Depositing of foreign matter in on-board blackwater system

12Regulation 15 revoked

13Structural alteration to a houseboat

14Change of address

15Regulation 18 revoked

16Schedule 1 amended

17Schedule 2 amended

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Endnotes

STATUTORY RULES 2017

S.R. No. 102/2017

Water Act 1989

Water (Lake Eildon Recreational Area) (Houseboats) Amendment Regulations 2017

The Governor in Council makes the following Regulations:

Dated: 10 October 2017

Responsible Minister:

LISA NEVILLE
Minister for Water

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2013—

(a)to revoke the requirements for the installation of greywater treatment systems on houseboats as a condition of the issue of a houseboat licence; and

(b)to insert a requirement that owners of houseboats must provide evidence of ownership when applying for a houseboat licence or the transfer of a houseboat licence; and

(c)to revoke the requirements and penalties relating to adhesive transfers for houseboat licences; and

(d)to revoke a spent transitional provision.

2Authorising provisions

These Regulations are made under sections 122ZF and 324 of the Water Act 1989.

3Commencement

These Regulations come into operation on 18 October 2017.

4Principal Regulations

In these Regulations, the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2013[1] are called the Principal Regulations.

5Definitions

In regulation 3 of the Principal Regulations—

(a)in the definition of holding tank for "residue from an on-board greywater treatment system" substitute "greywater";

(b)in the definition of on-board blackwater system omit "Part 1 of";

(c)for the definition of owner substitute—

"owner in relation to a houseboat means—

(a)a person in whose name the houseboat is registered under the Marine Safety Act 2010; or

(b)if paragraph (a) does not apply, a person who has legal ownership of the houseboat;";

(d)the definitions of greywater discharge standard and on-board greywater treatment system are revoked.

6Application for and issue of a houseboat licence

(1)In regulation 5(2)(b) of the Principal Regulations for "2." substitute "2; and".

(2)After regulation 5(2)(b) of the Principal Regulations insert—

"(c)be accompanied by evidence of the ownership of the houseboat.".

(3)For regulation 5(3)(b) of the Principal Regulations substitute—

"(b)there is installed on the houseboat the following installation which is in good working order—

(i)a toilet and an on-board blackwater system; or

(ii)if the design of the houseboat precludes a toilet and an on-board blackwater system, a portable toilet; and".

(4)After regulation 5(3)(b) of the Principal Regulations insert—

"(ba)the applicant for the licence is the owner of the houseboat; and".

(5)In regulation 5(3)(e) of the Principal Regulations for "and greywater treatment systems" substitute "system".

(6)Regulation 5(4) of the Principal Regulations is revoked.

7Inspections

In regulation 6(1) of the Principal Regulations for "installations" substitute "installation".

8Regulation 7 revoked

Regulation 7 of the Principal Regulations is revoked.

9Restricted term licence

In Regulation 10(6) of the Principal Regulations, for "owner of the" substitute "holder of a houseboat licence for a".

10Regulation 12 substituted

For regulation 12 of the Principal Regulations substitute—

"12   Transfer of ownership of a houseboat

(1)The new owner of a houseboat may apply for the transfer of a houseboat licence in respect of that houseboat.

(2)An application for the transfer of a houseboat licence must—

(a)be made in a form and manner approved by the Water Corporation; and

(b)be accompanied by payment of the appropriate fee specified in Schedule 2; and

(c)be accompanied by evidence of the ownership of that houseboat.

(3)The Water Corporation may transfer a houseboat licence if it is satisfied that the applicant for the transfer of the licence is the new owner of the houseboat.".

11Depositing of foreign matter in on-board blackwater system

In regulation 13 of the Principal Regulations—

(a)after "other than blackwater," insert "greywater or";

(b)omit "or residue from an on-board greywater treatment system".

12Regulation 15 revoked

Regulation 15 of the Principal Regulations is revoked.

13Structural alteration to a houseboat

For regulation 16 of the Principal Regulations substitute—

"16   Structural alteration to a houseboat

The holder of a houseboat licence for a houseboat that is within the recreational area must not cause to be carried out any alterations to the on-board blackwater system on the houseboat that result in the installation failing to comply with the specifications set out in Schedule 1.

Penalty:20 penalty units.".

14Change of address

In regulation 17 of the Principal Regulations for "owner of a houseboat" substitute "holder of a houseboat licence".

15Regulation 18 revoked

Regulation 18 of the Principal Regulations is revoked.

16Schedule 1 amended

(1)In the Heading to Part 1 of Schedule 1 to the Principal Regulations omit "PART 1—".

(2)Parts 2 and 3 of Schedule 1 to the Principal Regulations are revoked.

17Schedule 2 amended

In Schedule 2 to the Principal Regulations, for "12(1)" substitute "12(2)(b)".

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Endnotes

[1] Reg. 4: S.R. No. 60/2013.