Untitled document

Water (Resource Management) Amendment Regulations 2010

S.R. No. 139/2010

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Objectives

5Definitions

6New Parts 4 and 5 inserted

PART 4—PRESCRIBED PURPOSE FOR APPLICATIONS FOR LICENCES UNDER SECTION 51(1) FOR TAKING AND USING WATER IN DECLARED WATER SYSTEMS

30Prescribed purpose for applications for licences for taking and using water in declared water systems

PART 5—PRIVATE DAMS

31Notice of constructing a new private dam or altering an existing private dam

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 139/2010

Water Act 1989

Water (Resource Management) Amendment Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 26 October 2010

Responsible Minister:

TIM HOLDING
Minister for Water

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Water (Resource Management) Regulations 2007 to—

(a)prescribe a purpose for which a licence under section 51 of the Water Act 1989 may be issued within a declared water system; and

(b)require that a proposal to construct a new private dam or alter an existing private dam within a rural residential area be registered.

2Authorising provision

These Regulations are made under section 324 of the Water Act 1989.

3Commencement

These Regulations come into operation on 1 January 2011.

4Objectives

In regulation 1 of the Water (Resource Management) Regulations 2007[1]—

(a)in paragraph (d), for "Act." substitute "Act; and"; and

(b)after paragraph (d) insert—

"(e)a purpose for which a licence under section 51 of the Water Act 1989 may be issued within a declared water system; and

(f)requirements relating to the construction and alteration of certain private dams.".

5Definitions

In regulation 4 of the Water (Resource Management) Regulations 2007 insert the following definitions—

"rural residential area means any land that is—

(a)within the Rural Living Zone, Green Wedge Zone or a residential zone within the meaning of the Victoria Planning Provisions, approved under Part 1A of the Planning and Environment Act 1987; and

(b)8 hectares or smaller in size;

water frontage has the same meaning as in section 3(1) of the Land Act 1958;".

6New Parts 4 and 5 inserted

After Part 3 of the Water (Resource Management) Regulations 2007 insert—

"__________________

PART 4—PRESCRIBED PURPOSE FOR APPLICATIONS FOR LICENCES UNDER SECTION 51(1) FOR TAKING AND USING WATER IN DECLARED WATER SYSTEMS

30Prescribed purpose for applications for licences for taking and using water in declared water systems

For the purposes of section 51(lAA)(b) of the Act, a prescribed purpose is watering of cattle or other stock by any of the following persons—

(a)a person who occupies land adjacent to a waterway, who holds a licence under section 130 or 138 of the Land Act 1958 in respect of a water frontage along that waterway, the licence being a licence that permits grazing for less than one month a year for conservation purposes, and the water frontage being land that has been fenced off on or after 30 September 2004 to exclude stock access to the waterway;

(b)a person who occupies land adjacent to a waterway, who previously held a licence at any time under section 130 or 138 of the Land Act 1958 in respect of a water frontage along that waterway, the licence being a licence that permitted grazing, and was—

(i)cancelled in order to implement a recommendation of the Victorian Environmental Assessment Council; or

(ii)surrendered as part of an arrangement for the water frontage to be managed by a committee of management.

__________________

PART 5—PRIVATE DAMS

31Notice of constructing a new private dam or altering an existing private dam

(1)A person who occupies land located within a rural residential area must not—

(a)construct a new private dam; or

(b)alter an existing private dam—

on that land unless the person has first given written notice to the Minister.

Penalty:10 penalty units.

(2)Notice under subregulation (1) must include the following information—

(a)the name, address and contact telephone number of the person registering the proposed construction of a new private dam or the proposed alteration of an existing private dam;

(b)the geographical location of the new private dam or the existing private dam including—

(i)the GPS coordinates; and

(ii)the coordinate system used to determine the GPS coordinates;

(c)in the case of a new private dam, a description of the dam, including the estimated capacity and wall height of the dam where applicable;

(d)in the case of an alteration of an existing dam, a description of the alterations including the estimated capacity and wall height of the dam where applicable.

(3)An application for a licence to take and use water from a private dam under section 51 of the Act is a written notice for the purposes of subregulation (1).

(4)Subregulation (1) does not apply to a person who is required to make an application under section 67 of the Act for the issue of a licence to construct, alter, operate, remove or decommission a private dam.".

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ENDNOTES

[1] Reg. 4: S.R. No. 75/2007 as amended by S.R. No. 123/2009.