Untitled document
Water (Resource Management) Act 2005
Act No. 99/2005
table of provisions
Section Page
Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—Environmental Water Reserve and Water Planning
3.Definitions
4.Insertion of new sections 4A and 4B
4A.The Environmental Water Reserve
4B.Environmental Water Reserve Objective
5.Crown's right to water
6.Private rights to water, recycled water
7.Section 13 repealed
8.Role of Minister
9.Amendment of heading in Part 3
10.Declaration of permissible consumptive volumes
11.New Divisions inserted
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.Preparation of a program of long-term water resources assessments
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
assessment22Q.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
12.Powers of Minister in relation to assessment program
13.Management Plans
14.Substitution of Division 4 of Part 3
Division 4—Minister's Powers to Qualify Rights
33.Definitions
33AAA.Temporary qualification of rights to water
33AAB.Permanent qualification of rights to water
33AAC.Procedures applying to qualifications
15.Applications for bulk entitlements
16.Matters to take into account in grant of bulk entitlement
17.Orders granting bulk entitlements
18.Appointment of environmental manager
19.Insertion of new sections 44A and 44B
44A.Amendment of entitlement where water allocated to environmental entitlement
44B.Cancellation of bulk entitlement where water to be transferred to environmental entitlement
20.Transfer of bulk entitlements
21.Transfers of bulk entitlements to irrigators
22.Approval of Minister to temporary transfers of entitlements outside Victoria
23.Minister may sell unallocated water
24.Insertion of Division 1A of Part 4
Division 1A—Environmental Entitlements
48A.Definitions
48B.Allocation of environmental 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
48L.Assignment of allocation of water
48M.Further assignment of water allocation
48N.Offence to give an assignment without Ministerial approval
48O.Ministerial approval
48P.Rule making powers for environmental entitlements
48Q.Volume of assignments to be recorded in annual
report
25.Take and use licences, recycled water
26.Repeal of in-stream use licences
27.Determination of application for licence
28.Conditions of take and use licences
29.Transfer of licence
30.Temporary supply of interstate water
31.Conditions on works licences
32.Transfer of works licence
33.Power of Minister to give directions
34.New Division 6B inserted in Part 6
Division 6B—Transfer of Property etc. from Authority to Licensee
115D.Definitions
115E.Application to Minister for approval of transfer
proposal115F.Property transferred in accordance with allocation statement
115G.Allocation of property etc. subject to encumbrances
115H.Certificate of chief executive officer
115I.Value of transferred property
115J.Substitution of party to agreement
115K.Former Authority instruments
115L.Proceedings
115M.Interests in land
115N.Easements
115O.Amendment of Register
115P.Taxes
115Q.Evidence
115R.Validity of things done under this Division
35.Notice to connect, recycled water
36.Insertion of new section 186A
186A.Statements of obligations of Authorities with
waterway management functions
37.Functions of Waterway Management Authorities
Part 3—Shares, Licences, Delivery and Related Matters
38.Definitions
39.Insertion of new section 6A
6A.Power to declare water systems
40.Role of Minister in relation to water shares
41.Insertion of new Part 3A
Part 3A—Water shares
Division 1—Offence as to Taking of Water
33E.Offence to take water without authorisation
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
share33J.Matters to be considered in issuing certain water
shares33K.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 area33O.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
33U.Assignment of water allocation
33V.Further assignment of water allocation
33W.Offence to give a transfer 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
Division 7—Water Allocations
33AC.Water allocations
33AD.Approval for taking of water allocation in subsequent 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
33AH.Offence to take water under a water allocation outside the associated water system without approval of
Minister33AI.Approval of Minister to taking of water outside water system
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 10—Associated Water Shares
33AL.Determination as to water share being an associated water share
33AM.Matters to be considered in making of the
determination as to associated water shares33AN.Determination as to cessation as associated water
share where no works etc. available33AO.Revocation of associated water share determination
by Minister33AP.Revocation of associated water share determination
on application33AQ.Applications for and notices of determinations under
this Division
Division 11—Non Water User Limit
33AR.Power to make determinations as to non water user
limit33AS.Obligations for water share owners on cessation of ownership or occupation of land
33AT.Obligations on water share owners on revocation or cancellation of water-use licence
33AU.Obligations on water share owners on revocation or cancellation of water-use registration
Division 12—Miscellaneous Matters as to Water Shares
33AV.Transfer of water shares on death of owner
33AW.Applications under this Part
33AX.Application for Tribunal to review certain decisions
of Minister as to water shares33AY.Time for making application
Division 13—Rule Making Powers of Minister
33AZ.Rule making powers for water shares
42.Transfer of entitlements to irrigators
43.Conversion to bulk entitlements
44.Sale of unallocated water
45.Insertion of new section 47E
47E.Rule making powers for bulk entitlements
46.Take and use licences not to be issued in declared water
systems47.Registration Licences
48.Licence renewals
49.Transfers of licences
50.Offence to take and use water in non-declared water systems
51.Insertion of new section 64AAA
64AAA.Rule making powers for licences under section 51
52.Insertion of Division 5 of Part 4
Division 5—Seasonal Determinations
64GA.Appointment of Authorities to be responsible for seasonal determinations
64GB.Seasonal determinations by Authorities
53.Supply of interstate water
54.Insertion of new Part 4B
Part 4B—Water-Use Licences and Water
Use RegistrationsDivision 1—Offences
64J.Offence to use water for certain purposes on land without licence
64K.Further offence for use of water in certain cases
Division 2—Grant of Water-Use Licences
64L.Power to grant water-use licences
64M.Matters to be considered in granting water-use
licences64N.Obligation not to grant licence in certain
circumstances64O.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
objectives64X.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
Licences64AE.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 holder64AI.Form of applications for variation
Division 8—Suspension, Revocation, Cancellation and
Other Powers for Licences64AJ.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
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 Registration64AU.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
55.Insertion of new section 73A
73A.Amendment of conditions on works licences
56.Insertion of new section 74AA
74AA.Licence fees for works licences
57.Insertion of new Part 5A
Part 5A—Victorian Water Register
Division 1—Victorian Water Register
84A.Object of Part
84B.Purpose of water register
84C.Responsibilities for water register
84D.Form and manner of keeping water register
84E.Disclosure of information
Division 2—Registrar
84F.Employment of Registrar and staff
84G.Registrar's functions
84H.Delegation
Division 3—Recordings of Water Shares by the Registrar
84I.What is recorded in the water register about water shares?
84J.Recording of transfers
84K.Recording of legal personal representatives
84L.Recording of survivor of joint owners of water share
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?
Division 5—Recordings by Authorities
84W.What must an 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
information84Z.Rights of review
84ZA.Searching the water register
Division 7—Corrections and Amendment of Water
Register84ZB.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
documents84ZG.Monetary consideration to be stated in transfer
84ZH.Service 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
58.Substitution of section 141
141.Authority may reduce, restrict or discontinue water supply
59.Insertion of new section 155A
155A.Compensation for loss of services on declaration of cessation
60.Insertion of new Part 7A
Part 7A—Reconfiguration Plans
161B.Definitions
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
61.Substitution of Part 11
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 Delivery223.Authority to determine volumes and periods of
delivery224.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 water228.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
231.Authority may reduce, restrict or discontinue delivery
of water
62.Payment of tariffs for irrigation
63.Powers to collect and retain fees and charges
64.Liability for unpaid tariffs
65.Insertion of new Division 10 of Part 13
Division 10—Impact Minimisation Works Charges
287A.Minister may require payment of charge
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
66.Power of Minister to delegate
67.Enforcement powers
68.Regulation making powers
69.Schedule 6 First Mildura Irrigation Trust
70.New Schedules 12A and 12B inserted
SCHEDULE 12A—Recording Mortgages of Water Shares
SCHEDULE 12B—Electronic Transactions In the Water Register
Part 4—Transitional
71.New Schedule 15 inserted
SCHEDULE 15—Transitional Arrangements—Water (Resource Management) Act 2005
Part 5—Amendments to Other Acts
72.Powers, duties and functions of Authority
73.Determining the value of land
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Endnotes
Water (Resource Management) Act 2005
[Assented to 7 December 2005]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purposes
The purposes of this Act are—
(a)to amend the Water Act 1989 to make further provision for the management of water resources including—
(i) providing for further processes for planning the management of water resources, including processes for the development of sustainable water strategies; and
(ii)regulating access to water through the establishment of certain entitlements and of processes for registering certain entitlements and through making further provision in relation to existing entitlements; and
(iii)establishing an environmental water reserve; and
(b)to make consequential amendments to the Environment Protection Act 1970; and
(c)to amend the Valuation of Land Act 1960 to make further provision in relation to the valuation of land.
2.Commencement
(1)Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 August 2008, it comes into operation on that day.
__________________
Part 2—Environmental Water Reserve and Water Planning
3.Definitions
In section 3(1) of the Water Act 1989—
(a)insert the following definitions—
' "Environment Protection Authority" has the same meaning as "Authority" has under the Environment Protection Act 1970;
"environmental entitlement" means an entitlement under Division 1A of Part 4;
"recycled water" means water derived from sewage or trade waste that has been treated for the purposes of re-use;';
(b)for the definition of "permissible annual volume" substitute—
' "permissible consumptive volume", in relation to—
(a)an area or water system; and
(b)a period of time—
specified in an Order under section 22A, means the volume specified in that Order for that area or water system for that period;'.
4.Insertion of new sections 4A and 4B
After section 4 of the Water Act 1989 insert—
"4A.The Environmental Water Reserve
(1)The environmental water reserve comprises water that is set aside for the environment—
(a)as an environmental entitlement; and
(b)through the operation of—
(i) conditions on any bulk entitlement, or any licence, permit or authority issued under this or any other Act, or regulations made under this or any other Act; and
(ii)any management plan under this Act; and
(iii)any other provision of this Act, the Murray-Darling Basin Act 1993 or the Groundwater (Border Agreement) Act 1985 or any regulations made under this Act or those Acts.
(2)In this Act a reference to the environmental water reserve is a reference to any water to which sub-section (1) applies.
4B.Environmental Water Reserve Objective
(1)The environmental water reserve objective is the objective that the environmental water reserve be maintained so as to preserve the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and quality of water and the other uses that depend on environmental condition.
(2)In this Act a reference to the environmental water reserve objective is a reference to the objective set out in sub-section (1).".
5.Crown's right to water
After section 7(3) of the Water Act 1989 insert—
"(4)Despite anything to the contrary in this or any other Act—
(a)a right to water must not be conferred on another person by or under this or any other Act; and
(b)a licence for the taking or use of water must not be issued by or under this or any other Act; and
(c)an approval must not be given for works or activities that affect the use, flow or control of water under this or any other Act—
unless regard is had to the need to maintain the environmental water reserve in accordance with the environmental water reserve objective.".
6.Private rights to water, recycled water
For section 8(6)(a) of the Water Act 1989 substitute—
"(a)this Act, any regulations or by-laws under this Act, or any permission, authority or agreement made under this Act; or".
7.Section 13 repealed
Section 13 of the Water Act 1989 is repealed.
8.Role of Minister
(1)In section 22(1) of the Water Act 1989—
(a)after paragraph (a) insert—
"(ab) must make sure that a program of long-term water resources assessments is undertaken in accordance with this Act; and
(ac)must make sure that a program of sustainable water strategies is undertaken for the State in accordance with this Act; and";
(b)in paragraph (b), for "resources." substitute "resources; and";
(c)after paragraph (b) insert—
"(c)may require an assessment of the environmental water reserve to be carried out.".
(2)In section 22(2) of the Water Act 1989—
(a)for paragraph (a) substitute—
"(a)the availability of water, including surface water and groundwater; and
(ab) the use of one water source as a substitute for another water source; and
(ac)the environmental water reserve; and";
(b)after paragraph (g), insert—
"(ga) current and historic levels of allocation and use of surface water and groundwater; and
(gb) current and historic condition of waterways and aquifers; and".
(3)After section 22(2) of the Water Act 1989 insert—
"(2A)The Minister must make sure that information about the water resources assessment program is published every 5 years by—
(a)making the information available for inspection, during business hours, free of charge at the office of the Department Head; and
(b)making the information available on the Department's website.".
(4)In section 22(3) of the Water Act 1989—
(a)before paragraph (a) insert—
"(aa) an environmental entitlement; or";
(b)paragraph (c) is repealed.
9.Amendment of heading in Part 3
In the heading to Division 1A of Part 3 of the Water Act 1989 for "Annual" substitute "Consumptive".
10.Declaration of permissible consumptive volumes
(1)Substitute the following heading to section 22A of the Water Act 1989—
"Permissible consumptive volumes".
(2)For section 22A(1) of the Water Act 1989 substitute—
"(1)The Minister may, from time to time, by Order published in the Government Gazette, declare, in respect of an area or a water system specified in the Order, that the total volume of—
(a)both surface water and groundwater; or
(b)surface water only; or
(c)groundwater only—
that may be taken in the area or from the water system (whether for use in that area or water system or elsewhere) under this or any other Act, during the period specified in the Order, must not exceed the volume specified in the Order for that period.
(1A)The Minister may, by Order published in the Government Gazette, revoke an Order made under sub-section (1).".
(3)After section 22A(3) of the Water Act 1989 insert—
"(3A)The Minister must not make a declaration under sub-section (1) unless the Minister has first consulted with the Minister administering Part 4 of the Catchment and Land Protection Act 1994.".
11.New Divisions inserted
After Division 1A of Part 3 of the Water Act 1989 insert—
"Division 1B—Sustainable Water Strategies
22B.Preparation of a Sustainable Water Strategy
The Minister may cause a Sustainable Water Strategy to be prepared for a region of the State determined by the Minister.
22C.Contents of a Sustainable Water Strategy
(1)A Sustainable Water Strategy must provide for the strategic planning of the use of water resources in the region to which it applies—
(a)to identify threats to the reliability of supply and quality of water for both environmental and consumptive uses in the region; and
(b)to identify ways to improve and set priorities for improving the reliability of supply and quality of water, including managing demand for water, and investing in infrastructure for the supply of recycled water; and
(c)to identify ways to improve and set priorities for improving the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; and
(d)to identify ways to increase and set priorities for increasing the volume of water in the environmental water reserve to improve the environmental values and health of water ecosystems; and
(e)include an implementation plan, setting out timelines or targets for implementing key actions identified by the strategy.
(2)A Sustainable Water Strategy must take into account—
(a)the results of any long-term water resources assessment undertaken under Division 1C;
(b)any relevant strategy or statement of policy or plan prepared under this Act, the Catchment and Land Protection Act 1994, the Flora and Fauna Guarantee Act 1988, the Heritage Rivers Act 1992, the Planning and Environment Act 1987 or the Environment Protection Act 1970;
(c)the principles set out in sections 1B to 1L of the Environment Protection Act 1970.
22D.Consultative committee—Sustainable Water Strategy
(1)The Minister must appoint a consultative committee to advise the Minister on—
(a)the preparation of each Sustainable Water Strategy; and
(b)the matters the strategy must provide for under section 22C(1); and
(c)any other matter requested by the Minister relating to the preparation of the Strategy.
(2)The Minister must make sure that, so far as it is possible, the membership consists of persons who have knowledge or experience in the matters to be covered in a Sustainable Water Strategy.
22E.Preparation of a draft Sustainable Water Strategy
In preparing a draft Sustainable Water Strategy, the Minister must—
(a)consult with the consultative committee appointed by the Minister under section 22D;
(b)give notice of the preparation of the Strategy to any Authority whose interests the Minister considers are likely to be affected by the Strategy;
(c)publish notice of the undertaking of the strategy and the preparation of the Strategy in a local newspaper circulating generally in the area to which the Strategy applies;
(d)make the draft Strategy available for inspection by the public for at least 2 months after its preparation;
(e)publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally in the region which will be affected by the Strategy stating where and when the draft Strategy can be inspected and inviting public comment by a set date;
(f)consider any comments made by the set date;
(g)consider any comments of any panel appointed under section 22F;
(h)make any appropriate changes to the draft Strategy.
22F.Appointment of Panel
(1)The Minister may, by instrument, appoint a panel of persons to consider comments made under section 22E(f) on a draft Strategy, and the persons appointed to the panel must be persons who have knowledge of or experience in the matters that the panel is to consider.
(2)Subject to anything specified by the Minister in the instrument of appointment of the panel, a panel may regulate its own proceedings.
(3)After considering all comments referred to it, the panel must report its findings to the Minister within the period specified by him or her.
(4)The panel may include in its report any recommendations that it thinks fit.
(5)A member of the panel is entitled to be paid any fees and allowances fixed by the Governor in Council.
(6)The Minister is not bound by the report of the panel under this section.
(7)The Minister must make a copy of any report of the panel available for inspection by the public within 1 month after it is received by the Minister.
22G.Consideration of draft Strategy by the Minister
(1)The Minister must consider the draft Strategy and may—
(a)endorse the Strategy; or
(b)endorse the Strategy with any amendments the Minister considers appropriate; or
(c)refuse to endorse the draft strategy.
(2)Before making a decision under sub-section (1) the Minister must—
(a)consider a report of any panel prepared on the draft Strategy under section 22F; and
(b)make any such report available to the public under section 22F(7).
22H.Publication of Sustainable Water Strategy
The Minister must make sure that a Sustainable Water Strategy is published as soon as practicable after it is endorsed under section 22G by—
(a)making a copy of the Strategy available for inspection, during business hours, free of charge at—
(i) the office of the Department Head; and
(ii)the office of the Department located in the region to which the Strategy applies; and
(b)making a copy of the Strategy available on the Department's website; and
(c)publishing a notice of the availability of the copy of the Strategy in a newspaper circulating generally in the area to which the Strategy applies.
22I.Review of Sustainable Water Strategy
(1)The Minister must review a Sustainable Water Strategy—
(a)if the findings of a long-term water resources assessment undertaken under this Part have any impact on the Strategy; or
(b)at the end of 10 years following the endorsement of the Strategy.
(2)The Minister may review a Sustainable Water Strategy at any time.
(3)A review under this section must determine whether or not the timelines and targets in the implementation plan of the Strategy being reviewed have been met.
(4)The procedures that apply to the making of a Sustainable Water Strategy under this Division apply, with any necessary modifications to the review of a Sustainable Water Strategy.
22J.Report on Sustainable Water Strategies
(1)A report on any current Sustainable Water Strategies and on any current draft Strategies must be included in each annual report of the Department.
(2)A report under sub-section (1) must—
(a)specify the measures being taken to implement the Strategy; and
(b)identify the priorities that apply to actions required by the implementation plan.
Division 1C—Long-term Water Resources Assessments
22K.Preparation of a program of long-term water resources assessments
The Minister must cause a program of the preparation of long-term water resources assessments to be commenced—
(a)by the end of 12 years from the commencement of section 14 of the Water (Resource Management) Act 2005; and
(b)after that, by the end of the twelfth year in each consecutive 15 year period, where the first such period commences immediately after the fifteenth anniversary of the commencement of section 14 of the Water (Resource Management) Act 2005.
22L.Contents of a long-term water resources assessment
A long-term water resources assessment must identify whether or not either or both of the following has occurred—
(a)there has been any decline in the long-term availability of surface water or groundwater and whether the decline has fallen disproportionately on the environmental water reserve or on the allocation of water for consumptive purposes;
(b)there has been any deterioration in waterway health for reasons related to flow.
22M.Preparation of a draft long-term water resources assessment
In preparing a draft long-term water resources assessment, the Minister must—
(a)give notice of the undertaking of the preparation of the assessment and the process by which the assessment will be carried out to any Authority or Catchment Management Authority whose interests the Minister considers are likely to be affected by the assessment;
(b)publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally in the area to which the assessment applies stating when and where the draft assessment can be inspected and inviting public comment by a set date;
(c)make the draft assessment available for inspection by the public for at least 2 months after its preparation;
(d)consider any comments made by the set date;
(e)consider any comments made by the Environment Protection Authority in a review under section 22N;
(f)make any appropriate changes to the draft assessment.
22N.Review by Environment Protection Authority
(1)The Minister must cause the draft assessment to be submitted to the Environment Protection Authority for a review of—
(a)the methods and criteria adopted to carry out the assessment; and
(b)any other matter required by the Minister.
(2)In reviewing the draft assessment the Environment Protection Authority must review—
(a)the methodology adopted to carry out the draft assessment; and
(b)whether or not the data used in the draft assessment was the best data available; and
(c)whether or not the conclusions reached in the draft assessment are supported by the methodology and data; and
(d)any other matter required by the Minister.
(3)At the completion of the review, the Environment Protection Authority must—
(a)report its findings to the Minister;
(b)make a copy of its report available on the Authority's website.
(4)The Environment Protection Authority must ensure that the report under sub-section (3)(a) is made within the period specified by the Minister, which must be not later than 4 months after the draft assessment is submitted to the Authority under sub-section (1).
22O.Consideration and publication of long-term water resources assessment
(1)The Minister, after considering the report of the Environment Protection Authority under section 22N, may—
(a)endorse a long-term water resources assessment; or
(b)endorse a long-term water resources assessment with any amendments the Minister considers appropriate; or
(c)refuse to endorse a long-term water resources assessment.
(2)As soon as practicable after completing a long term water resources assessment, the Minister must—
(a)make a copy of the assessment and the review of the assessment by the Environment Protection Authority available for inspection, during business hours, free of charge at the offices of the Department located in the region to which the assessment applies; and
(b)make a copy of the assessment available on the Department's website; and
(c)publish a notice of the availability of the copy of the assessment in a newspaper circulating generally in the area to which the assessment applies.
(3)If a long-term water resources assessment has not been completed within 12 months of the publication of a notice under section 22M(a) for that assessment, the Minister must, on publication of the assessment, publish reasons for the delay in the preparation of the assessment.
22P.Review following long-term water resources assessment
If, in the opinion of the Minister, a long-term water resources assessment has identified—
(a)a decline in the long-term availability of surface water or groundwater which has a disproportionate effect on the environmental water reserve or on the allocation of water for consumptive purposes; or
(b)a deterioration in waterway health for reasons related to flow—
the Minister must cause a review to be undertaken to determine the action that is required to be taken—
(c)to restore the balance between the environmental water reserve and the allocation of water for consumptive purposes; or
(d)to restore the health of waterways—
having regard to any relevant social, economic and environmental matters.
22Q.Consultative committee for review
(1)The Minister must appoint a consultative committee to advise the Minister on a review to be undertaken under section 22P.
(2)The following provisions apply with respect to the membership of a consultative committee appointed under this section—
(a)the Minister must make sure that, so far as it is possible—
(i) all relevant interests are fairly represented on the committee;
(ii)the membership consists of persons who have knowledge or experience in the matters to be covered by the review;
(iii)the membership consists of persons who represent the community to which the review relates;
(b)at least one half of the membership must consist of persons, who are owners or occupiers of land in the area to which the review relates, appointed after consultation by the Minister with bodies representative of those persons;
(c)any public statutory body which the Minister considers to be directly affected by the review must, after consultation with the Minister, be represented on the committee.
(3)Section 318(2) to (6) applies to a consultative committee appointed under this section.
22R.Review process
(1)In conducting a review under section 22P, the Minister must—
(a)consult with the consultative committee appointed by the Minister under section 22Q;
(b)give notice of the review to any Authority or other person whose interests the Minister considers are likely to be affected by the review;
(c)publish notice of the commencement of the review in a local newspaper circulating generally in the area to which the review relates;
(d)make any draft review available for inspection by the public for at least 2 months after its preparation;
(e)publish a notice in a newspaper, circulating generally in the State and a local newspaper circulating generally in the area to which the review relates, stating where and when the draft review can be inspected and inviting public comment by a set date;
(f)consider any comments made by the set date;
(g)consider any comments of the panel appointed under section 22S;
(h)make any appropriate changes to the draft review.
(2)The Minister must ensure that any review under section 22P—
(a)that is conducted as a result of a long-term water resources assessment commenced under section 22K(a) is conducted in such a manner as to be completed not more than 14 years and 6 months after the commencement of section 14 of the Water (Resource Management) Act 2005; and
(b)that is conducted as a result of a long-term water resources assessment commenced under section 22K(b) is conducted in such a manner as to be completed 6 months before the end of the 15 year period in which it commenced.
(3)Failure to comply with sub-section (2) does not affect the validity of the review or of any action the Minister takes under the review, including, but not limited to any action under section 33AAB.
22S.Reporting of panel
(1)The Minister, by instrument, must appoint a panel of persons to consider comments made under section 22R(f) on a draft review, and the persons appointed to the panel must be persons who have knowledge of or experience in the matters that the panel is to consider.
(2)Subject to anything specified by the Minister in the instrument of appointment of the panel, it may regulate its own proceedings.
(3)After considering all comments referred to it, the panel must report its findings to the Minister within the period specified by him or her.
(4)The panel may include in its report any recommendations that it thinks fit.
(5)A member of the panel is entitled to be paid any fees and allowances fixed by the Governor in Council.
(6)The Minister is not bound by the report of the panel under this section.
(7)The Minister must make a copy of the report of the panel under this section available for inspection by the public within one month after the report is received by the Minister.
(8)A panel appointed under this section must ensure that its report under sub-section (3) is made within the period specified by the Minister which must be not later than 6 months after the panel is appointed under sub-section (1).
22T.Consideration and publication of review
(1)After—
(a)considering the report prepared by the panel under section 22S; and
(b)after making the report available to the public under section 22S(7)—
the Minister must consider the review and may—
(c)endorse the Review; or
(d)endorse the Review with any amendments the Minister considers appropriate; or
(e)refuse to endorse the Review.
(2)On completion of a review under section 22P, the Minister must—
(a)make a copy of the review available for inspection, during business hours, free of charge at the offices of the Department; and
(b)make a copy of the review available on the Department's website; and
(c)publish a notice of the availability of the copy of the review in a newspaper circulating generally in the area to which the review applies; and
(d)make a copy of the review available for inspection during business hours, free of charge, at the office of the Department located in the region to which the assessment applies.
22U.Annual report on long-term water resources assessment
A report on any long-term water resources assessment completed in the preceding 12 month period must be included in each annual report of the Department.
22V.Program of implementation of review
(1)Within 6 months of the publication of a notice under section 22T(2)(c) the Minister must determine a program of implementation of the review and publish a statement of the actions required to implement that program.
(2)If, as part of a program of implementation of a review, the Minister determines to qualify rights under section 33AAB, the Minister must set out notice of that determination in the statement published under sub-section (1).".
12.Powers of Minister in relation to assessment program
After section 23(1)(c) of the Water Act 1989 insert—
"(ca)investigating whether or not the environmental water reserve is being maintained in accordance with the environmental water reserve objective;".
13.Management Plans
(1)In section 32A(3) of the Water Act 1989—
(a)in paragraph (f)—
(i) omit "to prevent";
(ii)in sub-paragraph (i), after "(i)" insert "to prevent";
(iii)for sub-paragraph (ii) substitute—
"(ii)to prevent a relevant permissible consumptive volume being exceeded; or
(iii)to ensure that the environmental water reserve is maintained in accordance with the environmental water reserve objective; or";
(b)in paragraph (g)—
(i) in sub-paragraph (ii), for "annual" substitute "consumptive";
(ii)after sub-paragraph (ii) insert—
"(iii)the environmental water reserve is maintained in accordance with the environmental water reserve objective; or";
(c)after paragraph (i) insert—
"(ia) conditions relating to the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or".
(2)In section 32A(4) of the Water Act 1989, for "annual" substitute "consumptive".
14.Substitution of Division 4 of Part 3
For Division 4 of Part 3 of the Water Act 1989 substitute—
'Division 4—Minister's Powers to Qualify Rights
33.Definitions
In this Division—
"qualify" includes suspend, reduce, increase and otherwise alter;
"right to water" means—
(a)any right to water conferred by any provision of Division 1 of Part 2 other than section 7(1) or 8(4)(c); and
(b)any environmental entitlement; and
(c)any bulk entitlement; and
(d)in relation to any non-declared water system, any licence issued under section 51; and
(e)in relation to any declared water system, any water share issued in relation to the system.
33AAA. Temporary qualification of rights to water
(1)If the Minister declares under this section that a water shortage exists in an area or water system, he or she may temporarily qualify any rights to water whether or not they relate to the same area or water system.
(2)The Minister may declare that a water shortage exists in an area or water system if he or she is of the opinion that the volume or quality of water available in the area or system to satisfy any rights to water (whether or not they relate to that area or water system) is or will shortly be inadequate for any reason.
(3)Before making a qualification to rights to water under sub-section (1) the Minister must notify the Minister responsible for administering the Agricultural and Veterinary Chemicals (Control of Use) Act 1992.
33AAB. Permanent qualification of rights to water
(1)Subject to sub-section (2), following the endorsement of a review under section 22T(1)(c) or (d), the Minister may permanently qualify any rights to water having regard to—
(a)the review as endorsed by the Minister; and
(b)any relevant report of a panel under section 22S; and
(c)any relevant social, economic and environmental matters.
(2)A permanent qualification of rights to water under sub-section (1) must not take effect in relation to an area or water system—
(a)within 15 years of the commencement of section 14 of the Water (Resource Management) Act 2005; or
(b)if such a permanent qualification has taken effect in relation to that area or water system within the preceding 15 years.
33AAC. Procedures applying to qualifications
(1)A qualification of rights to water under this Division must be done by—
(a)giving notice of the qualification to the person affected; or
(b)causing notice of it to be published in a newspaper generally circulating—
(i) in the area to which the qualified rights to water relate; or
(ii)in the area served by the water system to which the qualified rights to water relate.
(2)A notice given or published under sub-section (1) may specify the criteria according to which the Minister determined the qualification.
(3)For the purposes of a qualification under section 33AAA, the Minister may, by Order published in the Government Gazette—
(a)determine the class of any rights to water; and
(b)assign a priority to each of those classes—
and any qualification under that section of rights to water must be made in accordance with the priority of the class of right concerned.
(4)Subject to sub-section (3), any qualification under section 33AAA of rights to water must apply to all rights in the same proportion, unless the Minister is of the opinion that the circumstances are so extreme as to justify some other basis.'.
15.Applications for bulk entitlements
In section 36(1) of the Water Act 1989 —
(a)in paragraph (c), after "water" insert
", other than recycled water,";
(b)in paragraph (d), after "water" insert
", other than recycled water,";(c)in paragraph (e), after "water" (where first occurring) insert ", other than recycled water,";
(d)in paragraph (f), after "water" insert
", other than recycled water,".
16.Matters to take into account in grant of bulk entitlement
In section 40(1) of the Water Act 1989—
(a)in paragraph (ba), for "annual" substitute "consumptive";
(b)in paragraph (d)—
(i) in sub-paragraph (iii), after "12(1);" insert "or";
(ii)after sub-paragraph (iii) insert—
"(iv)the maintenance of the environmental water reserve in accordance with the environmental water reserve objective;".
17.Orders granting bulk entitlements
In section 43 of the Water Act 1989—
(a)in paragraph (c), for "and the resource manager" substitute ", the resource manager and the environmental manager";
(b)in paragraph (i)—
(i) in sub-paragraph (iv), for "the Government." substitute
"the Government;";
(ii)after sub-paragraph (iv) insert—
"(v)any other requirements as to the maintenance of the environmental water reserve in accordance with the environmental water reserve objective.".
18.Appointment of environmental manager
(1)Insert the following heading to section 43A of the Water Act 1989—
"Appointment of storage operators, resource managers and environmental managers".
(2)In section 43A(1) of the Water Act 1989—
(a)in paragraph (b), for "manager—" substitute "manager; or";
(b)after paragraph (b) insert—
"(c)an environmental manager—".
19.Insertion of new sections 44A and 44B
After section 44 of the Water Act 1989 insert—
"44A.Amendment of entitlement where water allocated to environmental entitlement
(1)A bulk entitlement granted to an Authority under this Division may be amended (by notice in writing given by the Minister to the holder of the entitlement) by removing from the entitlement any water that is set aside for the environment through the operation of a condition on the entitlement.
(2)An entitlement must not be amended under sub-section (1) unless the Minister is allocating to an environmental entitlement the water that is subject of the condition under the bulk entitlement.
44B.Cancellation of bulk entitlement where water to be transferred to environmental entitlement
(1)On application by an Authority to which a bulk entitlement has been granted under this Division, the Minister may cancel the bulk entitlement and allocate an environmental entitlement under Division 1A, either—
(a)for an equivalent volume to that in the bulk entitlement; or
(b)on equivalent terms and conditions to those specified in the bulk entitlement.
(2)An entitlement must not be cancelled under sub-section (1) unless the Minister is allocating to an environmental entitlement the water that is subject of the bulk entitlement.
(3)The cancellation of a bulk entitlement under sub-section (1) has effect from the time at which notice in writing is given by the Minister to the holder of the entitlement.".
20.Transfer of bulk entitlements
(1)For section 46(5) of the Water Act 1989 substitute—
"(5)If an application is made—
(a)the Minister, if he or she is of the opinion that—
(i) the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or
(ii)the entitlement or part to be transferred is not surplus to the needs of the Authority—
must refuse to approve the transfer; or
(b)in any other case the Minister, in considering whether or not to approve the application must have regard to any of the matters mentioned in section 40(1), and, subject to sub-section (7), may—
(i) refuse to approve the transfer; or
(ii)approve the transfer on any condition that could have been specified in an Order granting the entitlement under section 43(i).".
(2)Section 46(6) of the Water Act 1989 is repealed.
21.Transfers of bulk entitlements to irrigators
(1)Insert the following heading to section 46A of the Water Act 1989—
"Permanent and temporary transfers of bulk entitlements to irrigators".
(2)Section 46A(3) of the Water Act 1989 is repealed.
(3)For section 46A(3C) of the Water Act 1989 substitute—
"(3C)In giving approval under sub-section (3B)—
(a)the Minister, if he or she is of the opinion that—
(i) the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or
(ii)the entitlement or part to be transferred is not surplus to the obligations of the Authority to supply water—
must refuse to approve the transfer; or
(b)in any other case the Minister, in considering the proposal must have regard to the matters set out in section 40(1) and may—
(i) refuse to approve the transfer; or
(ii)approve the transfer on any condition that could have been specified in an Order granting the entitlement under section 43(i).".
22.Approval of Minister to temporary transfers of entitlements outside Victoria
For section 46B(5) and section 46B(6) of the Water Act 1989 substitute—
"(5)Where a transfer under sub-section (1) is proposed to be made—
(a)the Minister, if he or she is of the opinion that—
(i) the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or
(ii)the entitlement or part to be transferred is not surplus to the obligations of the Authority to supply water—
must refuse to approve the transfer; or
(b)in any other case the Minister, in considering the proposal must have regard to the matters set out in section 40(1) and, subject to sub-section (7), may—
(i) refuse to approve the transfer; or
(ii)approve the transfer on any condition that could have been specified in an Order granting the entitlement under section 43(i).".
23.Minister may sell unallocated water
For section 47D(1)(d) of the Water Act 1989 substitute—
"(d)the Minister has determined that the flow of water out of the storage is adequate having regard to the need to maintain the environmental water reserve in accordance with the environmental water reserve objective—".
24.Insertion of Division 1A of Part 4
After Division 1 of Part 4 of the Water Act 1989 insert—
'Division 1A—Environmental Entitlements
48A.Definitions
In this Division—
"environment Minister" means the Minister administering Part 4 of the Catchment and Land Protection Act 1994;
"request" means a request for the grant of an environmental entitlement made under section 48C(1)(b).
48B.Allocation of environmental entitlement
(1)The Minister may, by instrument, allocate to the environment Minister, on behalf of the Crown, an entitlement to—
(a)water in a waterway (including the River Murray); or
(b)groundwater; or
(c)water (other than recycled water) in any works of an Authority; or
(d)water (other than recycled water) in any works of the Melbourne Water Corporation; or
(e)water (other than recycled water) in any works of a person holding a water licence, a water and sewerage licence or a water headworks licence issued under Division 1 of Part 2 of the Water Industry Act 1994.
(2)The Minister may allocate an environmental entitlement under sub-section (1) for the purpose of—
(a)maintaining the environmental water reserve in accordance with the environmental water reserve objective; or
(b)improving the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality, and the other uses that depend on environmental condition.
48C.Requirements as to making of allocation
(1)The Minister may make an allocation under section 48B either—
(a)of his or her own motion; or
(b)at the request of the environment Minister.
(2)The Minister, on allocating an entitlement under this section, must cause a copy of the instrument allocating the entitlement to be published in the Government Gazette.
48D.Advertisement etc. of request
(1)Where a request has been made, the Minister must either—
(a)cause notice of the request to be advertised in any manner that he or she thinks fit; or
(b)require the environment Minister to advertise the request in any manner specified by the Minister.
(2)A notice under sub-section (1) may invite submissions on the request to be made in the manner specified in the notice within the period specified in the notice.
48E.Appointment of panel
(1)The Minister may, by instrument, appoint a panel of persons to consider submissions made under section 48D(2) on the request, and the persons appointed to the panel must be persons who have knowledge of or experience in the matters that the panel is to consider.
(2)Subject to any specifications of the Minister when appointing the panel, a panel may regulate its own proceedings.
(3)If submissions on the request have not been invited by a notice given under section 48D(1)(a), the panel must cause a notice to be published in a newspaper circulating generally in the area concerned inviting submissions on the request within the period specified in the notice.
(4)After considering all submissions referred or made to it, the panel must report its findings to the Minister within the period specified by the Minister.
(5)The panel may include in its report any recommendations that it thinks fit.
(6)A member of a panel is entitled to be paid any fees and allowances fixed by the Governor in Council.
48F.Matters to be considered
(1)Before making an allocation under section 48B, the Minister must have regard to the following matters—
(a)the report of any panel appointed under this Division;
(b)any adverse effect that the allocation or use of water under the entitlement is likely to have on existing authorised uses of water in the water systems for which the allocation is to be made;
(c)the conservation policy of the government;
(d)government policies concerning the preferred allocation or use of water resources;
(e)the maintenance of the environmental water reserve in accordance with the environmental water reserve objective;
(f)whether the water for which the allocation is to be made is from a water system that is within a heritage river area or natural catchment area (within the meaning of the Heritage Rivers Act 1992);
(g)any relevant Sustainable Water Strategy that has been endorsed under section 22G(1);
(h)any other matter that the Minister thinks fit to have regard to.
(2)In considering a request, the Minister must give effect to an approved management plan for any relevant water supply protection area.
48G.Determination of request
The Minister may—
(a)refuse a request; or
(b)give preliminary approval to a request; or
(c)approve a request and allocate the entitlement.
48H.Procedures required in determining request
(1)If the Minister gives preliminary approval to a request, he or she must make sure that—
(a)everyone who made a submission on the request is notified of the giving of preliminary approval; and
(b)a notice of the giving of preliminary approval is published in a newspaper circulating generally in the area concerned.
(2)A notice published under sub-section (1)(b) must—
(a)set out the prescribed particulars of the request; and
(b)set out particulars of the place or places at which a copy or summary of the request and the preliminary approval may be inspected; and
(c)advise that any interested person may ask for a summary of the preliminary approval in the manner specified in the notice; and
(d)invite written comments on the preliminary approval to be made within 60 days or any longer period that is specified in the notice; and
(e)advise that anyone who so applies will be notified of the final outcome of the request.
(3)After considering all written comments made on the preliminary approval in response to a notice published under sub-section (1)(b), the Minister must decide either to—
(a)refuse the request; or
(b)approve the request and allocate the entitlement under section 48B.
(4)If the Minister refuses a request under sub-section (3)(a), he or she must make sure that a notice of the refusal is published in a newspaper circulating generally in the area concerned.
48I.Requirements as to instrument allocating entitlement
An instrument allocating an entitlement under this Division may specify in relation to the entitlement allocated all or any of the following—
(a)a means of quantifying the amount of water that the entitlement consists of;
Note:The means of quantifying the amount of water that the entitlement consists of may be by volume or by reference to the level of flow at a specified point or by reference to a share of flow or storage or by any other means or combination of means, and if the amount of water is quantified by reference to a share of storage, then by reference, for example, to—
(i) the volumetric share of the system capacity of any system within the water system in which the entitlement is allocated;
(ii)the share of inflow to any storage within the water system in which the entitlement is allocated;
(iii)the volumetric share of releases from any storage within the water system in which the entitlement is allocated;
(iv)the seepage and evaporative loss adjustments to be debited from the entitlement;
(v)the share of inflow to be credited to the entitlement when the share of storage capacity of any storage within the area does not allow for a full share of inflow determined under sub-paragraph (ii) to be available—
and if the amount of water is quantified by reference to a share of flow, then by reference, for example, to the share of flow past a specified point.
(b)water accounting procedures for accounting for the water in the entitlement;
(c)any condition imposed on the allocation of the entitlement under section 48J;
(d)the class of reliability of the entitlement.
48J.Conditions relating to entitlements
(1)In allocating or amending an entitlement under this Division the Minister may impose, any conditions that the Minister thinks fit to specify as to the operation and management of the entitlement including conditions relating to—
(a)the protection of any waterway or aquifer in that area; or
(b)the returning of water in that area to its water system; or
(c)the protection of the environment in that area, including the riverine and riparian environment; or
(d)payments to be made in relation to services provided by other persons in relation to the entitlement; or
(e)the assignment of water allocations under the entitlement; or
(f)the implementation of the conservation policy of the Government.
(2)For the purposes of giving effect to any conditions imposed under sub-section (1), the Minister may require an Authority to perform any functions or duties specified in the entitlement by the Minister.
48K.Amendment of entitlement by the Minister
(1)An entitlement under this Division may be amended by an instrument made by the Minister and published in the Government Gazette.
(2)An amendment under sub-section (1)—
(a)must not have the effect of reducing the volume or reliability of water allocated under the entitlement; and
(b)may be as to any other matter (including the consolidation of two or more entitlements into one).
(3)An entitlement may only be amended under sub-section (1)—
(a)on the motion of the Minister; or
(b)at the request of the environment Minister.
(4)The provisions of this Division relating to the procedure to be followed with respect to a request for the allocation of an entitlement under this Division apply, with any necessary modifications, with respect to a request for an amendment under sub-section (3)(b) that is not for an amendment that is necessary because of—
(a)a mistake in the description in any element of the entitlement; or
(b)a minor variation arising from practical operations.
48L.Assignment of allocation of water
(1)The environment Minister may, by instrument, assign the whole or a part of an allocation of water under an environmental entitlement to a person who is the owner or occupier of land specified in a water-use licence or water-use registration.
(2)The environment Minister must not make an assignment under sub-section (1) unless the environment Minister is of the opinion that the assignment would benefit the environmental water reserve.
48M.Further assignment of water allocation
A person to whom the whole or a part of an allocation of water has been assigned under section 48L, or under this section, may assign the whole of the assigned allocation to another person who is the owner or occupier of land specified in a water-use licence or water-use registration.
48N.Offence to give an assignment without Ministerial approval
A person must not assign a water allocation under section 48M unless the Minister has approved the assignment.
Penalty:60 penalty units.
48O.Ministerial approval
(1)The Minister may, on application by a person, approve the assigning of a water allocation under section 48M.
(2)The Minister must not give an approval under sub-section (1) for any prescribed reason.
(3)In giving an approval under sub-section (1), the Minister must have regard to any relevant rules determined under section 48P.
(4)An approval under this section remains in force—
(a)for the prescribed period; or
(b)if no period has been prescribed under paragraph (a), for 2 months.
48P.Rule making powers for environmental entitlements
(1)The Minister may, by Order, published in the Government Gazette, set out rules—
(a)with respect to adjustment of volumes to be applied to, assignments of water allocations under entitlements under this Division; and
(b)as to the circumstances in which the consent of any Authority under this Act will be required to assignments under this Division; and
(c)as to any matters relating to applications under this Division; and
(d)as to the circumstances in which the Minister will give or refuse to give approvals under this Division; and
(e)as to any other matters the Minister is authorised to make rules for under this Division.
(2)An Order under this section may be amended or revoked in the same manner as that in which it is made.
48Q.Volume of assignments to be recorded in annual report
The environment Minister must ensure that the total volume of assignments of water allocation made by him or her under section 48L within each twelve month period for which the department prepares an annual report must be included in that annual report.'.
25.Take and use licences, recycled water
In section 51(1) of the Water Act 1989—
(a)in paragraph (c), after "water" insert
", other than recycled water,";
(b)in paragraph (d), after "water" (where first occurring) insert ", other than recycled water,".
26.Repeal of in-stream use licences
Section 52 of the Water Act 1989 is repealed.
27.Determination of application for licence
For section 55(2B) of the Water Act 1989 substitute—
"(2B)Subject to section 51A, the Minister must refuse an application under section 51 if, in the Minister's opinion—
(a)the allocation or use of water under the licence will or may result in the permissible consumptive volume for the area for that year or a future year being exceeded; or
(b)the allocation under the licence is likely to have an adverse effect on maintaining the environmental water reserve in accordance with the environmental water reserve objective.".
28.Conditions of take and use licences
(1)After section 56(1)(a)(v) of the Water Act 1989 insert—
"(va) the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or".
(2)Section 56(4) of the Water Act 1989 is repealed.
29.Transfer of licence
(1)In section 62(5) of the Water Act 1989, for "may" substitute "must".
(2)For section 62(6) of the Water Act 1989 substitute—
"(6)If an application is made—
(a)the Minister, if he or she is of the opinion that the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective must refuse to approve the transfer; or
(b)in any other case, the Minister may—
(i) refuse to approve the transfer of the licence; or
(ii)subject to sub-section (9), approve the transfer of the licence and may, in addition, amend or delete any of the conditions to which the licence is subject or add a new condition, but must not make the licence subject to any condition to which it could not have been made subject under section 56(1).".
30.Temporary supply of interstate water
For section 64H(3) of the Water Act 1989 substitute—
"(3)If an application under sub-section (1) is made—
(a)the Authority, if the Authority is of the opinion that approval of the use of the works is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective, must refuse to approve the use of the works; or
(b)in any other case, the Authority may—
(i) refuse to approve the use of its works for any temporary supply; or
(ii)approve the use of its works for any temporary supply, subject to the prescribed terms and conditions and may, in addition, impose any other terms and conditions on the approval of which notice is given to the parties by the Authority when the approval is given.".
31.Conditions on works licences
In section 71(1) of the Water Act 1989—
(a)after paragraph (ab) insert—
"(ac)any condition that the Minister thinks fit—
(i) as to the maximum amounts of water that may be taken in particular periods and circumstances; and
(ii)the installation and use of measuring devices and pumps; and".
(b)after paragraph (b)(iv) of the Water Act 1989 insert—
"(iva) the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or".
32.Transfer of works licence
(1)In section 74(5) of the Water Act 1989, for "may" substitute "must".
(2)For section 74(6) of the Water Act 1989 substitute—
"(6)If an application for approval is made under sub-section (3)—
(a)the Minister, if the Minister is of the opinion that—
(i) approval of the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or
(ii)it is necessary to refuse to approve the transfer in order to preserve the environmental water reserve in accordance with the environmental water reserve objective—
must refuse to approve the transfer; or
(b)in any other case, the Minister may—
(i) refuse to approve the transfer of the licence; or
(ii)approve the transfer of the licence and may, in addition, amend or delete any of the conditions to which the licence is subject or add a new condition, but must not make the licence subject to any condition to which it could not have been made subject under section 71(1).".
33.Power of Minister to give directions
In section 78(1)(b) of the Water Act 1989—
(a)in sub-paragraph (ii), for "of water." substitute "of water;";
(b)after sub-paragraph (ii) insert—
"(iii)to protect the environment, including the riverine and riparian environment; or
(iv)to maintain the environmental water reserve in accordance with the environmental water reserve objective.".
34.New Division 6B inserted in Part 6
After Division 6A of Part 6 of the Water Act 1989 insert—
'Division 6B—Transfer of Property etc. from Authority to Licensee
115D.Definitions
(1)In this Division—
"allocation statement" means an allocation statement under section 115E;
"Authority" does not include a council appointed under section 98(1)(a) or a Catchment Management Authority appointed under section 98(1)(ab);
"former Authority instrument" means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the relevant date—
(a)to which an Authority was a party; or
(b)that was given to, or in favour of, an Authority; or
(c)that refers to an Authority; or
(d)under which—
(i) money is, or may become, payable to an Authority; or
(ii)other property is to be, or may become liable to be, transferred to or by an Authority;
"former Authority property" means property, rights or liabilities of an Authority that, under this Division, have vested in, or become liabilities of, a licensee;
"instrument" includes a document and an oral agreement;
"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;
"property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
"relevant date", in relation to an allocation statement or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister under sub-section (2) for the purposes of that statement;
"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
"transferee" means a licensee to which property is, or rights or liabilities are, allocated under an allocation statement;
"transferor" means an Authority from which property is, or rights or liabilities are, transferred under an allocation statement.
(2)The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement.
(3)Despite anything to the contrary in this or any other Act or in any rule of law, a building or other improvement of any kind on land may be transferred to a licensee in accordance with this Division irrespective of whether the land is being, has been or is to be transferred to that licensee.
(4)Despite anything to the contrary in this or any other Act or in any rule of law, land may be transferred to a licensee in accordance with this Division irrespective of whether a building or other improvement of any kind on the land is being, has been or is to be transferred to that licensee.
(5)For the purpose of sub-sections (3) and (4), a building or other improvement situated on land must be taken to be personal property that is not affixed, within the meaning of any law relating to real property, to the land.
115E.Application to Minister for approval of transfer proposal
(1)If an Authority and a licensee jointly propose that property, rights or liabilities of a specified kind be transferred from the Authority to the licensee, the Authority and the licensee may submit the proposal to the Minister for his or her approval.
(2)A proposal must be in the form required by any guidelines issued by the Minister and be accompanied by a statement containing the information required by the guidelines relating to the property, rights or liabilities to be transferred.
(3)A statement under this section—
(a)must give the value of the property, rights or liabilities of the Authority to be transferred, to the extent to which it is practicable to determine that value; and
(b)must allocate to the licensee the property, rights or liabilities of the Authority shown in the statement; and
(c)must be signed by the chief executive officer (by whatever name called) of the Authority and the licensee.
(4)The Minister may refuse the proposal or approve it, with or without any changes.
(5)If a proposal is approved by the Minister—
(a)the Minister must sign the statement; and
(b)the statement is an allocation statement for the purposes of this Division.
(6)An allocation statement under this section may be amended by writing signed by the Minister and the chief executive officer of the Authority and the licensee.
(7)An amendment under sub-section (6) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the transferor or the transferee in relation to that statement.
(8)In this section, "statement" and "allocation statement" include a statement or allocation statement amended in accordance with this section.
115F.Property transferred in accordance with allocation statement
In making an award the arbitrator must—
(a)in the case of a dispute under clause 17(3), relating to an amalgamated holding that comprises several parcels of land, have regard to the volume of prior water rights and prior domestic and stock rights of each parcel of land in the holding, before the parcels became part of the holding, and, if the arbitrator considers that the consideration set out above would lead to an unfair or unjust result, have regard to—
(i) any relevant agreements; and
(ii)any transfers under section 226 (as in force before the appointed day), entered into after the parcels of land were amalgamated; and
(iii)any other relevant matters;
(b)in any other case, have regard to—
(i) any relevant agreements; and
(ii)any transfers under section 226 (as in force before the appointed day); and
(iii)any other relevant matters.
22.Notification of award of arbitration
The arbitrator must give a copy of his or her award in the matter to each entitled person and to the Registrar.
23.Registrar to register ownership in accordance with the award of the arbitrator
On receiving a copy of an award under clause 21, the Registrar must record the ownership of the water share in the Water Register in accordance with the award of the arbitrator.
Part 5—Mortgages
24.Application of Part
This Part does not apply to a water share in a declared water system if the volume of water that is to be made available under the water share is 5 megalitres or less.
25.Mortgagee notices and agreements
(1)In the case of a mortgage over the whole or a part of any parcel of land where the owner of the whole or a part of the parcel is deemed to be the owner of a water share by the operation of Part 2, the Authority, responsible for managing the irrigation district in which the water system from which the water share is derived is situated, must notify the owner, in the form specified in the conversion rules, of the existence of the mortgage over the land and propose that clause 26 should apply to the mortgage.
(2)For the purposes of this section, "mortgage" in relation to land under the Transfer of Land Act 1958, means a recorded mortgage under that Act.
26.Conversion of mortgages
(1)If an Authority has given a notice under clause 25 to a land owner before the appointed day for a water system, on and from the appointed day for the water system, the mortgage is deemed to become, in addition to being a mortgage over the whole or the part of the parcel of land specified in the mortgage, a mortgage over the water share to secure the debt secured by the mortgage, immediately before the appointed day, subject to the same terms and conditions as those that applied to the mortgage immediately before the appointed day.
(2)For the purposes of sub-clause (1)—
(a)where the whole or part of the parcel of land is owned by one person only, and that person owns the water share as a tenant in common with other persons, the mortgage is deemed to be over that person's undivided interest in the water share; or
(b)where the whole or the part of the parcel of land is owned by more than one person, and those persons own the water share as tenant in common with other persons, the mortgage is deemed to be over those persons' undivided interest in the water share.
(3)For the purposes of this Act, Schedule 12A applies to a mortgage that, under sub-clause (1), is deemed to be over a water share.
(4)Mortgages that are deemed to be over a water share under sub-clause (1) that were previously over the one parcel of land are deemed to rank in the same priority to each other as that in which they were ranked when over the parcel of land.
(5)In the case of land not under the Transfer of Land Act 1958, over which there is a mortgage where the mortgagee is the owner of the legal estate, where that mortgage is deemed to become (under sub-clause (1)) (in addition to being a mortgage over the land) a mortgage over a water share, the mortgage over the water share does not take effect as a transfer of the ownership of the mortgage, but takes effect in accordance with the provisions of this Act.
Part 6—Miscellaneous Conversion Issues
27.Works licences
On and from the appointed day for a declared water system, a licence under section 67 that relates to a bore or works for extracting water from a waterway in that system where conditions relating to that bore or those works are set out in a take and use licence, is deemed to be subject to—
(a)any conditions as to the maximum amounts of water which may be taken in any particular periods or circumstances from that bore or through those works—
(i) under the take and use licence, as applying immediately before the appointed day; or
(ii)as determined in accordance with the conversion rules—
whichever is the greater; and
(b)any conditions as to—
(i) the installation and use of measuring devices and pumps; and
(ii)the operation of any bores or works for extracting water from waterways—
under the take and use licence, as applying immediately before the appointed day.
28.Continuing operation of registration licences under section 51(1A)
Despite a water system becoming a declared water system, any registration licence issued under section 51(1A) in the declared water system is deemed to continue in force.
29.References to rights
On and from the appointed day for a declared water system, a reference in any document to—
(a)a prior domestic and stock right (however described in the document) in the water system;
(b)a prior water right (however described in the document) in the water system;
(c)a prior joint right (however described in the document) in the water system;
(d)a prior 222(1)(c) sales water agreement (however described in the document) in the water system;
(e)a prior 222(1)(d) sales water agreement (however described in the document) in the water system;
(f)take and use licence (however described in the document) in the water system—
is to be taken to be a reference to the water share the holder of that right is deemed to own by the operation of this Schedule.
30.Amendment of bulk entitlements
(1)The Minister, by notice in writing, may make any amendments to a bulk entitlement that are necessary as a consequence of a water system becoming a declared water system.
(2)A notice under this section must be made before the appointed day for the declared water system and must come into effect on that day.
(3)Notice of the making of a notice under this section must be published in the Government Gazette before or on the appointed day for the water system.
(4)A copy of a notice made under this section must be given to the holder of the bulk entitlement before or on the appointed day for the water system.
Part 7—Unconfirmed water shares
31.Unconfirmed water shares
(1)Where on the appointed day for a declared water system the ownership of a water share is to be determined in accordance with clause 17 or clause 18 and—
(a)agreement has not been reached on the ownership of the share; or
(b)ownership of the whole or a part of the share cannot be clearly established—
the ownership of the share under this Schedule is capable of being registered in the Register, subject to the qualification that the details recorded as to the share are unconfirmed.
(2)A qualification that is in force under sub-clause (1) remains in force until the ownership is determined—
(a)in accordance with this Schedule; or
(b)in accordance with the conversion rules.
32.Dealings in unconfirmed water shares
(1)The following dealings are the only dealings that may take place in relation to unconfirmed water shares—
(a)transfer of ownership of the share under section 33S;
(b)limited term transfer of the water share;
(c)discharge of a mortgage over the water share.
(2)In addition to any requirements applying to the transfer of water shares under Part 3A—
(a)any transfer of ownership of an unconfirmed water share under section 33S does not have effect until the Authority (that is responsible for managing the irrigation district in which the water system in which the water share is issued) approves the transfer, in accordance with any relevant rules made under Part 3A, and notifies the Registrar of that approval; and
(b)any limited term transfer of an unconfirmed water share must not be recorded in the water register until the Authority (that is responsible for managing the irrigation district in which the water system in which the water share is issued) approves the transfer, in accordance with any relevant rules made under Part 3A, and notifies the Registrar of that approval.
Part 8—Conversion Procedures
33.Conversion Rules
(1)Before the appointed day for a declared water system, the Minister may—
(a)make a determination setting out the rules that are to apply to the conversion of rights in the water system; and
(b)amend any determination made under paragraph (a).
(2)A determination under sub-clause (1) may provide for—
(a)any procedures that an Authority is required to carry out to identify, verify, apportion and calculate information relating to rights to which Part 2, 3, 4, 5 or 6 applies and any matters that are to be determined under Part 2, 3, 4, 5 or 6; and
(b)any procedures that the Minister is required to carry out to identify, verify, apportion and calculate information relating to rights to which Part 2, 3, 4, 5 or 6 applies and any matters that are to be determined under Part 2, 3, 4, 5 or 6; and
(c)any submission procedures and dispute resolution procedures any Authority, the Minister or the Registrar is required to undertake for the purposes of performing functions under paragraph (a) or (b) (as the case requires); and
(d)any other matters that are required or permitted to be set out by this Schedule.
(3)A determination under sub-clause (1) comes into operation on the day specified in the determination.
(4)A determination under sub-clause (1) must be in writing and notice of the making of the declaration and of the day on which it comes into operation must be published in the Government Gazette.
(5)A declaration under sub-clause (1)—
(a)must not be amended, unless to correct any clerical, factual or other inadvertent mistake in the declaration; and
(b)must not be revoked.
(6)Before making a determination under sub-clause (1), the Minister must consult with—
(a)the Authority or Authorities responsible for the supply of water from the water system to which the determination relates; and
(b)the Registrar.
34.Disclosure of information for purposes of conversion
(1)The Registrar of Titles must ensure that all records and information for which the Registrar of Titles is responsible which are necessary to enable—
(a)an Authority to carry out its functions under this Schedule or to give effect to this Schedule; or
(b)the Minister to carry out the Minister's functions under this Schedule or to give effect to this Schedule; or
(c)the Registrar to carry out the Registrar's functions under this Schedule or to give effect to this Schedule—
are disclosed to the Authority, Minister or Registrar, as the case requires, for those purposes.
(2)An Authority must ensure that all records and information for which the Authority is responsible which are necessary to disclose to the Registrar of Titles for the purposes of this Schedule are disclosed to the Registrar of Titles, for those purposes.
(3)The Minister must ensure that all records and information for which the Minister is responsible which are necessary to disclose to the Registrar of Titles for the purposes of this Schedule are disclosed to the Registrar of Titles, for those purposes.
(4)The Registrar must ensure that all records and information for which the Registrar is responsible which are necessary to disclose to the Registrar of Titles for the purposes of this Schedule are disclosed to the Registrar of Titles, for those purposes.
35.Offence to provide false or misleading information
A person must not knowingly give false or misleading information to an Authority in the course of claiming that that person has a right to which Part 2 or 3 of this Schedule applies.
Penalty:60 penalty units or 6 months imprisonment.
Part 9—tariffs, fees and charges
Division 1—Fees under Tariffs
36.Definitions
In this Division—
"fee" means the fee imposed under a tariff under Part 13 of this Act;
"prior right" means any of the following—
(a)a prior joint right;
(b)prior water right; or
(c)prior domestic and stock right.
37.Power of Authority to require payment after appointed day
The declaration of an appointed day for a water system, is to be taken not to affect the power of an Authority under Part 13 of this Act to obtain payment on or after the appointed day for that part of a fee, imposed by an Authority on a property in respect of a prior right in the water system, that applies to any period before the appointed day.
38.Application of fees by Authorities after the appointed day
(1)If, before the appointed day for a water system, the holder of a prior right in the water system, has made a payment of money to which this section applies to an Authority, the Authority may apply that money, on and after the appointed day, to satisfy any fee imposed for any service provided by the Authority on or after the appointed day to the holder of the prior right in respect of any—
(a)water share; or
(b)water-use licence; or
(c)delivery service under Part 11—
deemed to be issued, granted or provided in respect of that prior right under this Schedule.
(2)In this section, "payment of money to which this section applies" means a payment in satisfaction of a part of a fee imposed by the Authority under a tariff under Part 13 on a property in respect of the prior right, being that part of the fee that applies to a period on or after the appointed day.
39.Evidentiary provision, fees under Part 13
(1)If, in any proceedings under this Act or regulations or by-laws made under this Act, the amount of water supplied to a property from a water system during the fee period, is relevant, evidence may be given of the amount of water computed by the Authority having regard to—
(a)any quantity of water supplied to the property concerned before the appointed day; and
(b)the total amount of water recorded by a water meter as having been supplied or delivered to that property in that period, both before the appointed day and after the appointed day—
and that evidence, in the absence of evidence to the contrary, is proof of the amount of water supplied or delivered to the property.
(2)In this section, "fee period", in relation to a prior water right, means the period for which a fee is imposed in respect of a property that has water supplied or delivered to it under the prior right and in which the appointed day for the water system from which the water is so supplied or delivered occurs.
Division 2—Charges under section 264
40.Power of Authority to require payment after appointed day
The declaration of an appointed day for a water system, is to be taken not to affect the power of an Authority under section 264 to obtain payment on or after the appointed day for that part of a fee, fixed by the Authority for a take and use licence in the water system, that applies to any period before the appointed day.
41.Application of fees under section 264 by an Authority after the appointed day
(1)If, before the appointed day for a water system, the holder of a take and use licence in the water system, has made a payment of money to which this section applies to an Authority, the Authority may apply that money on and after the appointed day to satisfy any fee—
(a)payable on or after the appointed day in respect of any—
(i) water share; or
(ii)water-use licence—
deemed to be issued or granted in respect of that take and use licence under this Schedule; and
(b)payable under section 74AA in respect of any works licence under section 67.
(2)In this section "payment of money to which this section applies" means a payment in satisfaction of a part of a fee fixed by an Authority under section 264 for the licence, being that part of the fee that relates to any period on or after the appointed day.
42.Evidentiary provision, fees under section 264
(1)If, in any proceedings under this Act or regulations or by-laws made under this Act, the amount of water taken under a take and use licence in a water system during the fee period for the purposes of the land specified in the licence, is relevant, evidence may be given of the amount of water computed by the Authority having regard to the total amount of water recorded by a water meter as having been taken during the fee period for the purposes of that land, and that evidence, in the absence of evidence to the contrary, is proof of the amount of water taken for the purposes of the land.
(2)In this section, "fee period", in relation to a take and use licence, means the period for which a fee is fixed under section 264 in respect of the licence and in which the appointed day for the water system from which water is taken under the licence occurs.
Division 3—Fees under Part 4 of this Act
43.Power of Authority to require payment after appointed day
The declaration of an appointed day for a water system, is to be taken not to affect the power of the Minister under Part 4 of this Act to obtain payment on or after the appointed day for that part of a fee, fixed by the Minister for a take and use licence in the water system, that applies to any period before the appointed day.
44.Application of fees under Part 4 of this Act by the Minister after the appointed day
(1)If, before the appointed day for a water system, the holder of a take and use licence in the water system, has made a payment of money to which this section applies to the Minister, the Minister may apply that money on and after the appointed day to satisfy any fee—
(a)payable on or after the appointed day in respect of any—
(i) water share; or
(ii)water-use licence—
deemed to be issued or granted in respect of that take and use licence under this Schedule; and
(b)payable under section 74AA in respect of any works licence under section 67.
(2)In this section "payment of money to which this section applies" means a payment in satisfaction of a part of a fee fixed by the Minister under Part 4 of this Act for the licence, being that part of the fee that relates to any period on or after the appointed day.
45.Evidentiary provision, fees under Part 4 of this Act
(1)If, in any proceedings under this Act or regulations or by-laws made under this Act, the amount of water taken under a take and use licence in a water system during the fee period for the purposes of the land specified in the licence, is relevant, evidence may be given of the amount of water computed by the Minister having regard to the total amount of water recorded by a water meter as having been taken during the fee period for the purposes of that land, and that evidence, in the absence of evidence to the contrary, is proof of the amount of water taken for the purposes of the land.
(2)In this section, "fee period", in relation to a take and use licence, means the period for which a fee is fixed under Part 4 of this Act in respect of the licence and in which the appointed day for the water system from which water is taken under the licence occurs.
Part 10—Miscellaneous Provisions
46.Transitional provisions—Water (Resource Management) Act 2005
Despite the repeal of section 13 by section 7 of the Water (Resource Management) Act 2005, any qualification made by the Minister under that section before its repeal continues to apply.'.
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Part 5—Amendments to Other Acts
72.Powers, duties and functions of Authority
(1)In section 13(1)(p) of the Environment Protection Act 1970 for "control." substitute "control; and".
(2)After section 13(1)(p) of the Environment Protection Act 1970 insert—
"(q)any power, duty and function conferred on the Authority by any other Act.".
73.Determining the value of land
After section 5A(3) of the Valuation of Land Act 1960 insert—
'(4)For the purposes of sub-section (3), where a water share has been determined to be associated with any land that is specified in a water-use licence or water-use registration under the Water Act 1989, that fact is deemed to be relevant when determining the value of that land.
(5)In this section, "water share", "water-use licence" and "water-use registration" have the same meaning as in the Water Act 1989.
(6)Sub-sections (4) and (5) expire on 1 July 2008.'.
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Endnotes
Minister's second reading speech—
Legislative Assembly: 6 October 2005
Legislative Council: 16 November 2005
The long title for the Bill for this Act was "to amend the Water Act 1989, the Environment Protection Act 1970 and the Valuation of Land Act 1960 and for other purposes."
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