Water Act 1989 (Vic)
Version No. 146
Water Act 1989
No. 80 of 1989
Version incorporating amendments as at
22 October 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Power to declare lake, lagoon, swamp or marsh
4AThe Environmental Water Reserve
4BEnvironmental Water Reserve Objective
5Certain provisions to bind Crown
5ARelationship with the Traditional Owner Settlement Act 2010
6Interstate groundwater agreements to prevail over Act
6AAExtraterritorial operation of Act
6APower to declare water systems
6BPower to declare zones in water systems
6CPower to declare rationing areas
Part 2—Rights and liabilities
Division 1—Rights
7Continuation of the Crown's rights to water
8Continuation of private rights to water
8ATraditional owner agreement for natural resources
9Authorities' rights to water
9ARights to water of Water Holder
9BRights subject to certain restrictions and prohibitions
10Right to construct or operate works
11Allocation of water right on subdivision
12Authorisation may be conditional
Division 2—Liabilities
14Application
15Civil liability for unauthorised taking or use of water or for unauthorised works
16Liability arising out of flow of water etc.
17Protection from liability
18Liability for damage caused by escape of water from private dam
19Jurisdiction of Tribunal
20Matters to be taken into account in determining whether flow is reasonable or not reasonable
21Matters to be taken into account with respect to public works
Part 3—Assessment of and accounting for water
Division 1—Role of Minister
22Role of Minister
Division 1A—Permissible consumptive volumes
22APermissible consumptive volumes
Division 1B—Sustainable water strategies
22BPreparation of a Sustainable Water Strategy
22CContents of a Sustainable Water Strategy
22DConsultative committee—Sustainable Water Strategy
22EPreparation of a draft Sustainable Water Strategy
22FAppointment of Panel
22GConsideration of draft Strategy by the Minister
22HPublication of Sustainable Water Strategy
22IReview of Sustainable Water Strategy
22JReport on Sustainable Water Strategies
Division 1C—Long-term water resources assessments
22KCommencement of long-term water resources assessments
22KATransitional provision—uncompleted long‑term water resources assessment—Water and Catchment Legislation Amendment Act 2019
22LContents of a long-term water resources assessment
22MPreparation of a draft long-term water resources assessment
22NReview by Environment Protection Authority
22OConsideration and publication of long-term water resources assessment
22PReview following long-term water resources assessment
22PATime for completion of reviews etc. following long‑term water resources assessment
22QConsultative committee for review
22RReview process
22SReporting of panel
22TConsideration and publication of review
22UAnnual report on long-term water resources assessment
22VProgram of implementation of review
Division 2—Water resources assessment program
23Powers of Minister in relation to assessment program
24Drilling for groundwater
25Giving of information to Minister
26Reports on assessment program
Division 3—Water supply protection areas
27Declaration of water supply protection area
28Amendment or abolition of water supply protection area
29Consultative committee
30Guidelines for preparation of draft management plans
31Preparation of draft management plan
32Overlapping management plans to be taken into account
32AManagement plan
32BAdministration and enforcement of management plan
32CReport on administration and enforcement of management plan
32DPublic availability of report
32ECertain plans deemed to be approved management plans
32FCompensation in certain circumstances
32GAmendment or revocation of approved management plan
32HPlan must be available for inspection
Division 4—Minister's powers to qualify rights
33Definitions
33AAATemporary qualification of rights to water
33AABPermanent qualification of rights to water
33AACProcedures applying to qualifications
33AADConditions on certain qualifications
Division 5—State observation bores
33APower to enter land
33BCompensation
33CRight to take water for domestic and stock use from a State observation bore
33DOffence to interfere etc. with State observation bore
Part 3AA—Victorian Environmental Water Holder
Division 1—Establishment of the Water Holder
33DADefinitions
33DBVictorian Environmental Water Holder
Division 2—Objectives, functions and powers of the Water Holder
33DCObjectives of the Water Holder
33DDFunctions of the Water Holder
33DEPowers of the Water Holder
Division 3—Governance of the Water Holder
33DFConstitution of the Water Holder
33DGTerms and conditions of appointment
33DHRemoval of Commissioners
33DIActing Commissioners
33DJDeclaration of pecuniary interests
33DKPayment of Commissioners
33DLMeetings of the Water Holder
33DMStaff
33DNConsultants
33DOWater Holder Trust Account
33DPDelegation
33DQApplication of Public Administration Act 2004
33DRApplication of Financial Management Act 1994
Division 4—Accountability of the Water Holder
33DSMinisterial directions
33DTReporting requirements
33DURecording requirements
Division 5—Planning by the Water Holder
33DVPreparation of corporate plan
33DWVariation of corporate plan during operation of plan
33DXSeasonal watering plans
33DYSeasonal watering statements
33DZWater Holder may request information relating to water season
Division 6—Ministerial rules relating to Water Holder
33DZAMinisterial rules relating to Water Holder
Part 3A—Water shares
Division 1—Offence as to taking of water
33EOffences for taking water without a water share
33EAEvidentiary provisions for offences under section 33E
33EBPower to issue infringement notice in relation to offence under section 33E(3)
Division 2—Issuing and nature of water share
33FIssuing and nature of water shares
33GMatters the Minister must determine in issuing a water share
33HMatters Minister must specify in issuing water share
33ICircumstances in which Minister must not issue a share
33JMatters to be considered in issuing certain water shares
33KMatters to be considered in issuing water shares on interstate applications
Division 3—Application for or sale of water shares
33LApplication for water share
33MApplications for water shares by holders of interstate right
33NMinister to defer application where area is proposed to be a water supply protection area
33OMinister to advise applicant of decision
33PSale of water shares by Minister
Division 4—Variation of water shares
33QPower of Minister to vary water shares
33RApplications for variation of water shares
Division 5—Dealings with water shares
33STransfer of ownership of water share
33TLimited term transfers of rights to future water allocations under water shares
33TAStanding assignments of future allocations under water shares
33TBMinisterial approval of revocation of standing assignment
33UAssignment of water allocation
33VFurther assignment of water allocation
33WOffence to give a transfer, standing assignment or assignment without Ministerial approval
33XMinisterial approval
33YDivision of water shares
33ZConsolidation of water shares
Division 6—Surrender and cancellation of water shares
33AASurrender of water share
33ABCancellation where interstate rights are obtained
33ABACancellation where rights outside declared water system are obtained
Division 7—Water allocations
33ACWater allocations
33ADDeclaration for taking of water allocation under water share in subsequent water season
Division 8—Intrastate and interstate agreements and approvals
33AEInterstate agreement as to dealings in water rights
33AFOffence to take interstate water without approval of Minister
33AGApproval of Minister to taking of interstate water
Division 9—Fees for provision of services to owners of water shares
33AJService provision fees
33AKFee to be a charge over water share
Division 12—Miscellaneous matters as to water shares
33AVEffect of death of owner or holder of certain other interests
33AVAEffect of death of person who holds a water allocation
33AWApplications under this Part
33AXApplication for Tribunal to review decisions under this Part
33AYTime for making application
Division 13—Rule making powers of Minister
33AZRule making powers for water shares
Part 4—Allocation of water
Division 1—Bulk entitlements
34Definition and disallowance
34AGrant of bulk entitlement
36Application for bulk entitlement
38Advertisement etc. of application
39Appointment of panel
40Matters to be taken into account
41Application to be deferred in certain circumstances
42Determination of application
43Order granting entitlement
43AAppointment of resource managers and environmental managers
44Amendment of entitlement by Order
44AAmendment of entitlement where water allocated to environmental entitlement
44BCancellation of bulk entitlement where water to be transferred to environmental entitlement
45Minor amendment of bulk entitlement by notice
46Assignment of water allocation
46AFurther assignment of water allocation
46BOffence to give an assignment without Ministerial approval
46CMinisterial approval
46CAEffect of death of person who holds a water allocation
46DTransfer of bulk entitlement
46EMinisterial approval for transfer
46FSale of bulk entitlement
46GEffect of transfer of bulk entitlement
47Conversion of existing entitlements
47ACompliance with terms of bulk entitlement
47BMinister may request application
47CApplication for conversion of licences or water shares to bulk entitlements
47CAMinister may convert licence or water share to bulk entitlement
47CBEffect of conversion
47DMinister may sell unallocated water
47DADeclaration for taking of water allocation under bulk entitlement in subsequent water season
47ERule making powers for bulk entitlements
Division 1A—Environmental entitlements
48ADefinitions
48BAllocation of environmental entitlement
48BAPurpose of assigned entitlement
48CRequirements as to making of allocation
48DAdvertisement etc. of request
48EAppointment of panel
48FMatters to be considered
48GDetermination of request
48HProcedures required in determining request
48IRequirements as to instrument allocating entitlement
48JConditions relating to entitlements
48KAmendment of entitlement by the Minister
48KAWater allocations may be applied for other environmental entitlements
48LAssignment of water allocation
48MFurther assignment of water allocation
48MADeclaration for taking of water allocation under environmental entitlement in subsequent water season
48NOffence to give an assignment without Ministerial approval
48OMinisterial approval
48OAAEffect of death of person who holds a water allocation
48OATransfer of environmental entitlement
48OBMinisterial approval for transfer
48OCSale of environmental entitlement
48ODEffect of transfer of environmental entitlement
48OEApplication for conversion of licences or water shares to environmental entitlements
48OFMinister may convert licence or water share to environmental entitlement
48OGEffect of conversion
48PRule making powers for environmental entitlements
48PAApplications under this Division
Division 2—Licences
49Advertisement etc. of application
50Appointment of panel
51Licence to take and use water
51AAAmendment of original registration licences and issue of new registration licences in certain circumstances
51ABIssue of new registration licences in certain circumstances
51ASurrender of registration licence
51BApplication to go to certain bodies
51CBodies must consider application
52ACriteria to determine maximum volume of water use for certain licence applications
53Matters to be taken into account
54Minister to defer application in certain circumstances
55Determination of application
55AOffence to breach licence conditions
56Conditions of licence
57Sale of licence by Minister
58Renewal of licence
59Amendment of licence issued under section 51(1), or a registration licence, on motion of Minister
59AAmendment of licence issued under section 51(1), or a registration licence, on application of licence holder
59BProcedure applying to application
59CMinisterial consideration of application
60Suspension and cancellation of licence
60AProcess for suspension or cancellation of licence
61Surrender of licence
61ACancellation of licence where water share obtained in declared water system
62Transfer of licence
62ADeclaration for taking of water under a licence in subsequent water season
63Offences for taking or using water from a non‑declared water system
63AEvidentiary provisions for offences under section 63
63BPower to issue infringement notice in relation to offence under section 63(3)
64Review of decisions
64AAARule making powers for licences under section 51
Division 3—Powers of Minister where water taken exceeds authorised amount
64ATaking unauthorised amount of water from approved place
64BApproval holder's obligation to find out amount of water the holder is authorised to take
64CTaking water in excess of amount authorised under a section 51 licence
64DLicence holder's obligation to find out the amount of water the licence holder is authorised to take
64EWhen does determination take effect?
64EANotification of determination
64EBMatters Minister may refer to in determining amounts of water taken
64ECReview by VCAT
64EDTime period for making application for review
Division 4—Periodic amendment of entitlements
64FRecords and reports of transfers
Part 4AA—Places, rates and times of taking of water
Division 1—Preliminary
64FAInterpretation
Division 2—General place of take approval
Subdivision 1—General
64FBOffence for general place of take approval
64FCGiving general place of take approval
64FDApplication for general place of take approval
64FECessation of general place of take approval
64FFConditions on general place of take approval
64FGOffence to fail to comply with a condition of a general place of take approval
64FHMaximum rate of take condition
64FIMaximum rate of take declaration
64FJDetermination of maximum rate of take
64FKProcess for maximum rate of take declaration
64FLProcess before making maximum rate of take declaration
64FMVariation of maximum rate of take on application by approval holder
64FNTransfer of maximum rate of take on application by approval holders
64FOTransfer of general place of take approval to another person
64FPVariation of general place of take approval
64FQApproved place must not be changed
64FRCancellation of general place of take approval on application
64FSCancellation of general place of take approval on Minister's own motion
64FTProcess before cancelling approval
Subdivision 2—Notional rationing rate
64FUFixing a notional rationing rate when giving approval
64FVFixing notional rationing rates in irrigation districts
64FWProcess before making a notional rationing rate declaration
64FXTransfer of notional rationing rate on application by approval holders
64FYVariation of notional rationing rate on application by approval holder
64FZVariation of notional rationing rates by the Minister
64FZAProcess before making a declaration varying notional rationing rates
Subdivision 3—Restriction determinations and prohibition determinations
64FZBOffence for contravening a determination under this Subdivision
64FZCMaking a restriction determination
64FZDMatters that apply to restriction determinations
64FZEMaking a prohibition determination
64FZFMatters that apply to prohibition determinations
64FZGPublication and period of operation of determinations
64FZHNon-application of determination
Division 3—Particular place of take approval
64FZIOffence for particular place of take approval
64FZJGiving particular place of take approval
64FZKApplication for particular place of take approval
64FZLPeriod for particular place of take approval
Division 4—General
64FZMReview by VCAT
64FZNTime period for making application for review
64FZOApplications under this Part
64FZPRule making powers for approvals and determinations under this Part
64FZQMatters to be considered in making rules under section 64FZP
Division 5—External place of take approval
64FZROffence for external place of take approval
64FZSGiving of external place of take approval
64FZTApplication for external place of take approval
64FZUConditions on external place of take approvals
64FZVPeriod of approval
Part 4AB—Seasonal determinations
64GAAppointment of Authorities to be responsible for seasonal determinations
64GBSeasonal determinations by Authorities
Part 4A—Delivery of interstate water
64HTemporary supply of interstate water
64IBy-laws about temporary supply of interstate water
Part 4B—Water-use licences and water use registrations
Division 1—Offences
64JOffence to use water for certain purposes on land without licence
Division 2—Grant of water-use licences
64LPower to grant water-use licences
64MMatters to be considered in granting water-use licences
64NObligation not to grant licence in certain circumstances
64OApplications for water-use licences
64PForm of application
64QReferral of application
64RLicence fees
64SChange of ownership of specified land
Division 3—Water-use objectives for licences
64TObjectives as to water use
64UMatters that objectives may provide for
64VRecommendations by Catchment Management Authorities
64WRevoking or amending determinations as to objectives
64XNotification and effect of determinations as to objectives
Division 4—Standard water-use conditions for licences
64YStandard water-use conditions
64ZGeneral provisions applying to standard water-use conditions
64AARecommendations by Catchment Management Authorities
64ABRevoking or amending determinations as to standard water‑use conditions
64ACNotification and effect of determinations as to standard water‑use conditions
Division 5—Particular conditions on licences
64ADParticular conditions on water-use licences
Division 6—Further provisions as to conditions on licences
64AEEffect of inconsistency between standard water-use conditions and other conditions on licences
64AFOffence to fail to comply with licence condition
Division 7—Variations of licences
64AGVariation of water-use licences on motion of Minister
64AHVariation of water-use licence on application of licence holder
64AIForm of applications for variation
Division 8—Suspension, revocation, cancellation and other powers for licences
64AJSuspension of water-use licence
64AKRevocation of water-use licence
64ALCancellation of water-use licence on motion of the Minister
64AMOther powers to cancel water-use licences
64ANApplication for review of Minister's decisions as to licences
64AOTime period for making an application for review
Division 9—Registration of water uses
64APAADefinition
64APPower to register water uses
64AQMatters to which a Minister must have regard in registering use
64ARApplications for water-use registrations
64ASChange of ownership of land specified in registration
64ATCondition on water-use registrations as to annual use limit
Division 10—Variation, cancellation and other powers as to registration
64AUVariation of water-use registrations on application
64AVCancellation of water-use registration on motion of the Minister
64AWOther powers to cancel water-use registrations
64AXApplication for review of Minister's decisions as to registrations
64AYTime period for making an application for review
Division 11—Rule making powers of Minister
64AZRule making powers for water‑use licences and water-use registrations
Part 5—Works
Division 1—General
65Advertisement etc. of application
66Appointment of panel
Division 2—Licence to construct works, etc.
67Licence to construct works etc.
67AApplication to go to certain bodies
67BBodies must consider application
68Matters to be taken into account
69Determination of application
70Other permits etc. still necessary
70AOffence to breach licence conditions under section 71
71Conditions on which licence may be issued
72Renewal of licence
73Amendment of licence
73AAmendment of conditions on works licences
74Transfer of licence
74AAnnual charge for surveillance etc.
74AALicence fees for works licences
74ABSuspension or cancellation of licence
74ACProcess for suspension or cancellation of licence
75Offences
75AOffences as to obstruction of waterways etc.
Division 3—Underground disposal
76Power of Minister to approve underground disposal
76AOffences as to disposal of matter underground
77Other permits etc. still necessary
Division 4—Directions
78Power of Minister to give directions
78AOffence not to comply with section 78 direction
79Power of Minister to give direction to bore occupier
79AOffence not to comply with section 79 direction
80Power to give directions concerning dams
80AAOffence not to comply with section 80 direction
80ADesign criteria etc. for re-use dams
81Power of Minister to carry out work
81AMinister may apply for injunction
82Compensation
Division 5—Review of decisions
83Review of decisions
Part 5AA—Levee maintenance on Crown land
Division 1—Definitions
84AAADefinitions
Division 2—Authority conferred by permits
84AABWhat a levee maintenance permit authorises
Division 3—Application for permit
84AACApplication
84AADReferral of application to land manager
Division 4—Dealing with application for permit
84AAEDetermination of application
84AAFMatters to be set out in permit
84AAGConditions of levee maintenance permit
84AAHPeriod a levee maintenance permit is in effect
Division 5—Variation of conditions or revocation of permit
Subdivision 1—Variation of conditions on application by permit holder
84AAIApplication
84AAJReferral of application to land manager
84AAKDetermination of application
Subdivision 2—Variation of conditions on Minister's initiative
84AALVariation of conditions on Minister's initiative
84AAMReferral of proposal to land manager in certain circumstances
Subdivision 3—Revocation
84AANRevocation of permit
Division 6—Apportionment of application fee
84AAOPayment to land manager of portion of application fee
Part 5A—Victorian water register
Division 1—Victorian water register
84AObject of this Part
84BPurpose of water register
84CResponsibilities for water register
84DForm and manner of keeping water register
84EDisclosure of information
Division 1A—Minister's functions
84EAFunctions of Minister as to water register
Division 2—Registrar
84FEmployment of Registrar and staff
84GRegistrar's functions
84HDelegation
Division 3—Recordings of water shares by the Registrar
84IWhat is recorded in the water register about water shares?
84JRecording of transfers
84JARecording of surrender of limited term transfer
84KRecording of legal personal representatives
84LRecording of survivor of joint ownership or holding
84MRecording of trustee of bankrupt
84NRecording of mortgages
84OElectronic lodgement system
84PRecording and incorporation of common provisions
84QPriority of recordings
Division 4—Recordings by the Minister
84RWhat is recorded in the water register about water-use licences?
84SWhat is recorded in the water register about water‑use registration?
84TWhat is recorded in the water register about bulk entitlements?
84UWhat is recorded in the water register about environmental entitlements?
84VWhat is recorded in the water register about works licences?
84VAWhat is recorded in the water register about licences to take and use water?
84VBWhat details about the holders of certain water rights must be recorded in the water register?
84VCWhat is recorded in the water register about place of take approvals under Part 4AA?
Division 5—Recordings by Authorities
84WWhat must an Authority record in the part of the water register for which it is responsible?
84WAWhat must a Rural Water Authority record in the part of the water register for which it is responsible?
Division 6—Searching information in the water register
84XWhat information or records are available from the water register?
84YSuppression of certain personal records and information
84ZRights of review
84ZASearching the water register
Division 7—Corrections and amendment of water register
84ZBCorrection and amendment of water register
84ZCNotification of parties
Division 8—General
84ZDPower to require statutory declarations
84ZERecording body may require proof of identity
84ZFRecording body may require production of documents
84ZGMonetary consideration to be stated in transfer
84ZHMethod of giving of notices
84ZIApproved forms
84ZJPower to remit fees
Division 9—Offences and enforcement
84ZKCertificates and evidentiary effect
84ZLFalse or misleading information
84ZMMaking false entries etc. in water register
Part 6—Water corporations
Division 1—Establishment, restructuring, abolition and administration of water corporations
85Establishment of water corporations
86Application of Public Administration Act 2004
87Restructuring of water corporations
88Abolition of water corporations
89Publication of determinations as to establishment, restructuring and abolition
90Effect of Schedule 2
91Appointment of administrator
Division 2—Functions, powers, duties and objectives of water corporations
92Functions, powers and duties of water corporations
93Sustainable management principles for water corporations
94Business objective for water corporations
Division 3—Boards of directors
95Board of directors
96Other duties not affected
97Appointment of members of board of directors
98Terms and conditions of appointment of members of board of directors
99Managing Director
100When a member of the board of directors of a water corporation ceases to hold office
101Removal from office of member of the board of directors
102Acting Managing Director
103Removal of managing director
104Chairperson
105Deputy chairperson
106Acting appointments
107Validity of decisions
108Improper use of information
109Effect of pecuniary interests
110What constitutes a pecuniary interest?
111Pecuniary interest does not prevent voting and consideration of some questions
112Effect of finding of guilt for offence against section 109
113Submission of returns by members of the board and nominated officers
114Information to be disclosed in primary and ordinary returns
115Water corporation to maintain register
116Contracts of insurance
117Allowances
118Expenses
119Employment of officers of water corporations
120Meetings and proceedings at meetings of the boards of directors
121Validity of decisions of board of directors of water corporation
122Special meetings
122AResolutions without meetings
Division 4—Other provisions relating to water corporations
122BPowers of delegation of water corporations
122CCommittees established by the board of directors of a water corporation
122DIncorporated committees
122ERegulation making powers
Division 5—Particular water corporations
122FAdditional function of Central Gippsland Region Water Corporation
Part 6A—Districts and land management areas
Division 1—Water supply, sewerage, irrigation and waterway management districts
122GDetermination of districts
122HEffect of determination on existing districts
122IVariation or abolition of district
122JProcedural requirements before making a determination under this Division
122KConsiderations in making determination under this Division
122LSaving of districts—Water and Catchment Legislation Amendment Act 2019
122MWaterway management district of Melbourne Water Corporation
Division 5—Environmental and recreational areas
122ZAEnvironmental and recreational areas
122ZBFunctions of Authority in area
122ZCContributions by public authorities
122ZDRevenue from land
122ZELimitation of exercise of powers under this Division
Part 6B—Duties of water corporations
Division 1—Customer dispute resolution
122ZGCustomer dispute resolution
Division 2—Dividends
122ZHDividends
Division 3—Repayment of capital
122ZIRepayment of capital
Division 4—Annual report
122ZJInformation to be included in annual report
Part 6C—Storage managers
122ZKAppointment of storage managers
122ZLFunctions of storage managers
122ZMManagement agreements for water storages
122ZNPowers for storage managers to charge fees
Part 7—General powers
123Powers of Authorities
124Particular powers of Authorities
124BObligations of Catchment Management Authorities in relation to declared areas
124CObligations of Corangamite Catchment Management Authority and Glenelg Hopkins Catchment Management Authority in relation to the Great Ocean Road region
125Accountability of Authorities
126Contracts and agreements
127Commercial ventures
128Accident insurance
129Intellectual property
130Acquisition of land
131Management of Crown land
132Other dealings with land
133Power to enter land
134Obligations in relation to entry of land
135Powers under Land Acquisition and Compensation Act 1986
136Subdivisional easements and reserves
137Works on a road
137ASafety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock
137BNotification of owners or occupiers of land on which there is rail infrastructure or rolling stock
137CNotification of Authorities before railway operations carried out
138Ownership of works
139Abandonment of major works
139ASubmission of proposal for approval of the abandonment or decommissioning of major works
139BNotification of proposal to approve the abandonment or decommissioning of major works
139CSubmissions on proposal
139DAuthority to consider submissions
139EAppointment of panel by Minister
140Preparation and inspection of plans
141Authority may reduce, restrict or discontinue water supply
141ACircumstances in which Melbourne Water Corporation to continue water supply
142Water meters
142AEstimate of water supplied or delivered
143Waste and misuse of water supply
144Serviced properties
144AServiced property, Melbourne Water Corporation
145Control over connections
145AOffences as to connections and discharges without consent
146Diversion into works of an Authority
147Notice to connect
148Structures over works
149Removal of trees
150Notice to repair
151Notice of contravention
152Notice of intention to affect works
153Notice to alter or remove works
154Determination of disputes
155Compensation for damage
155ACompensation for loss of services on declaration of cessation
156Authority may send water into waterway etc.
157Liability of Authorities arising out of flow of water
158Information statements
159Notice of disposition of land
159ARequirement to make emergency management plan
159BVariation of plan
159CPublication and effect of plan
159DReview of plan at request of Minister
159EEmergency
160By-laws
161ALimitation of exercise of powers under this Part
Part 7A—Reconfiguration plans
161BDefinitions
161BAReconfiguration plans
161CContents of reconfiguration plans
161DDraft plans for reconfiguration of infrastructure
161EDirections of Minister as to reconfiguration plans
161FAdoption of reconfiguration plans by Authority
161GApproval of reconfiguration plans by the Minister
161HAppointment of Panel
161IApproval and notification of plan
161JTermination of services to properties consequent on plans for reconfiguration
161KPlans by agreement
Part 8—Water supply
Division 1—Authorities with a water supply district
162Application of this Division
163Functions of Authorities
164Exercise of functions of Authority outside its water supply district
165Fire plugs and free water
167Power to enter land for water supply protection
168Immediate action for water supply protection
169Notice of contravention for water supply protection
169AOffence not to comply with notice of contravention
169BAuthority may carry out works etc. where notice not complied with
170APreparation and adoption of permanent water saving plan
170BVariation of plan
170CMajor deviations from plan
170CARequirement to publish permanent water saving plan
170DCopy of plan
170EImplementation of plan
170FContravention of plan
170GInconsistency
171By-laws
Division 2—Melbourne Water Corporation
171BWater supply function of Melbourne Water Corporation
171CSystem access
171DFire plugs and free water—Melbourne Water Corporation
171EPower to enter land for water supply protection
171FNotice of contravention for water supply protection
171GImmediate action for water supply protection
171HBy-laws
171IObligations of Melbourne Water Corporation in relation to Yarra River land
171JObligations of water corporations in relation to declared areas
171KObligations of certain water corporations in relation to the Great Ocean Road region
Part 9—Sewerage
Division 1—Authorities other than Melbourne Water Corporation
172Definitions
173Functions of Authorities
174Exercise of functions of Authority outside its sewerage district
175New works
176Compensation not payable in certain cases
177Testing etc. of waste
178Protection of sewers
179Special sewerage services
180Septic tank permit applications
182Enforcement of agreement
183Powers in relation to septic tanks
184By-laws about private works and septic tank systems
Division 2—Melbourne Water Corporation
184ASewerage functions of Melbourne Water Corporation
184BApplication of certain provisions of Division 1 of Part 9
Part 10—Waterway management
Division 1—Preliminary
185Application of this Part
186Exercise of functions of Authorities
186AStatements of obligations of Authorities with waterway management functions
Division 2—Waterway management
187Application of Division
188Designated waterways and designated land or works
188ADesignated waterways, land or works—Melbourne Water Corporation
189Functions of Authorities
190Preparation of regional waterway strategies
191Approval of regional waterway strategies
192Variation of regional waterway strategies during operation of strategy
192ASeasonal watering proposals
193Closing of access by Authorities
194Works that interfere with designated land or works
195Control over connections and discharges
196Owner finance
197Finance for increased use of services
197AMinisterial rules for regional waterway strategies and seasonal proposals
Division 3—Regional drainage
198Application of Division
199Functions of Authorities
200Control over diversion of drainage water
Division 4—Floodplain management
201Application of Division
202Floodplain management functions
203Declarations by Authorities
204Adoption of flood level
205Declarations by the Minister
206Notice of declarations
207Review of declarations
208Control of works and structures
209Removal of existing works and structures
210Compensation
211Indemnities
212Availability of information
Division 5—Water management schemes
213Functions of the Minister
214Investigations
215Water management schemes
216Approval of schemes
217Removal or modification of works
Division 6—Drainage courses
218Drainage courses
Division 7—By-laws
219By-laws
Part 11—Irrigation
Division 1—General
220Definitions and application
Division 2—Functions, powers and duties of Authorities
221Functions of Authorities under this Part
222General powers and duties of Authorities under this Part
Division 3—Specific provisions as to volume and period of delivery
223Authority to determine volumes and periods of delivery
224Variation of delivery determinations on application
225Variation of delivery determination on motion of Authority
226Determination to transfer volume or periods
Division 4—Conditions and Ministerial directions as to delivery
227Authority to fix terms and conditions for the service of delivering water
228Ministerial directions
Division 5—Miscellaneous
229Declaration that property not to be serviced property
230Form of applications under this Part
Division 6—Powers to reduce etc. delivery service
231Authority may reduce, restrict or discontinue delivery of water
Part 11A—Salinity mitigation
Division 1—Preliminary
232Determination of salinity impact zones
Division 2—Functions and powers of the Minister
232AFunctions and powers of the Minister as to salinity mitigation
Division 3—Imposition of salinity impact charges
232BFixing salinity impact charges
232CAnnual adjustment of determined amount
232DImposition of capital works salinity impact charge
232EImposition of annual salinity impact charge
232FMinister may except persons from imposition of charge
Part 12—Access over lands
233Definitions and application
234Access by agreement
235Access without agreement
236Registration of right of access
237Revocation or variation of right of access
238Maintenance of works
239Breaking up roads in maintaining etc. works
240Penalty for obstructing works
241Notice that right of access is sought over public land
242Joint rights of access
243Costs of investigations
244Community drainage and salinity schemes
245Powers of committee
246Powers of Corporation and councils for community schemes
Part 13—Finance and accountability
Division 1—Corporate plans
247Corporate plans
248Statement of corporate intent: contents
249Inspection of corporate plans
250Board to notify Minister and Treasurer of significant affecting events etc.
251Report on achievement of corporate plan
Division 3—Funds of Authorities
252Use of income
253Investment
253APayments by Treasurer in 1997/98
Division 4—Borrowing
254Borrowing powers of Authorities
255Securities and guarantees
256Investment by public bodies
Division 5—Payment for services
257Definitions
258Properties subject to tariff
259Tariffs
260Setting a tariff
260ALimits on power of certain Authorities to set tariffs
261Valuation equalisation factor
262Valuations
263Supplementary valuations
263ALiability of owners corporation or lot owners for fees for services supplied to subdivision
264Power to charge
264AAuthority may charge for securing bulk entitlements
265Charges for property that is not rateable
266Application for review
Division 6—Owner finance
266ADefinition
267Operation of Division
268Authority may require payment
269Contributions for increased services
270Payments on connection
271Review of required payments
272Authority may require further payment
273When payment is due
Division 7—Payment and recovery of money
273AAApplication of Division
273ALiability of occupier
273BVacation of property
274Payment to Authorities
274AApplication of payments made to metropolitan water corporations
275Person who acquires property is liable
277Recovery as between owner and occupier
281Interest on unpaid money
Division 7A—Payment and recovery of money owed to Melbourne Water Corporation
281AAgreements with respect to collection of fees under tariffs
281BRecovery of fees under tariffs
281CInspection of rate records
Division 8—Concessions and exemptions
282Deferred payment
283Waiver
284Reimbursement by State
Division 9—Contributions from councils and other Authorities
285Pre-requisites for requirement of contribution
286Authorities may require contributions from councils and other Authorities
287Authorities may require special contributions
Division 10—Salinity impact charges
287AMinister may require payment of salinity impact charges
287ABNotice of salinity impact charges
287ACPayment of salinity impact charges
287ADUnpaid salinity impact charges debts due to Crown
287AEInterest on unpaid salinity impact charges
287AFUnpaid salinity impact charges are charges on property
287AGCollection of salinity impact charges
287AHApplication of salinity impact charges
Division 11—Recovery of fees etc. under Part 3A
287BDisposal of water shares for unpaid contributions, fees and other amounts
287CApplication of proceeds
287DSale or transfer cancels encumbrances
Part 13A—Process for transfer of property etc. of Authorities
287EDefinitions
287FRequirements for preparation of allocation statement
287GAmendment of allocation statement
287HProperty transferred in accordance with allocation statement
287IStaff transferred in accordance with allocation statement
287JAllocation of property etc. subject to encumbrances
287KCertificate of managing director
287LValue of transferred property
287MSubstitution of party to agreement
287NFormer transferor instruments
287OProceedings
287PInterests in land
287QEasements
287RAmendment of Register
287STaxes
287TEvidence
287UValidity of things done under this Part
Part 13B—Procedures for making by-laws
Division 1—Preliminary
287VDefinitions
287WAuthorities required to use certain procedures when making by‑laws
Division 2—Procedure for making by-laws using model by‑laws
287XRequirements for Minister when issuing model by‑laws
287YMinister to give notice of proposed model by-law
287ZInspection of proposed model by-law
287ZASubmissions on model by-laws
287ZBIssuing of model by-laws
287ZCMaking and giving of notice of making of by-law using model by-law
Division 3—Procedure for making by-laws not using model by‑laws
287ZDObligation of Authorities when exercising by-law making power
287ZEAuthority to give notice of proposed by‑law
287ZFInspection of proposed by-law
287ZGSubmissions on by-laws
287ZHConsideration and Ministerial approval
287ZIMaking and giving of notice of making
Division 4—General
287ZJEffect of by-laws
287ZKInspection of by-laws
287ZLAutomatic revocation of by-laws
Part 14—Enforcement
Division 1—General offences
288Offences as to Authority's property
288AEvidentiary provisions for offences under section 288
289Wrongful taking etc. of water
289AEvidentiary provisions for offences under section 289
289BOffence to interfere with flow of water
289CPower to issue infringement notice in relation to offences under sections 289(3) and 289B(3)
290Uncovering or exposing works
291Trespass
Division 2—Appointment etc. of authorised water officers
291AAppointment of authorised water officers
291BIdentification of authorised water officers
291COffence to impersonate authorised water officer
Division 3—Powers of authorised water officers
291DAuthorised water officer may require person to state name and address
291EEntry with warrant
291FAnnouncement before entry
291GDetails of warrant to be given to occupier
291HSeizure of things not named in the warrant
Division 4—Further enforcement provisions
292AAInterpretation
292Offence of obstructing etc. officers
293Power to require person to state name and address
294Occupier or manager required to state owner's etc. name and address
295APower to issue infringement notices
295BIndictable offences
296Prosecutions
297Criminal liability of officers of bodies corporate—failure to exercise due diligence
297ACriminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof)
298Application of penalties
299Civil remedies not affected by bringing of proceeding
300Proof of certain matters not required
301General evidentiary provisions
302Use of analyst's certificate in prosecutions
303Authentication of documents
303AIssues of evidence and proof
304Service of documents on an Authority
305Service of documents by an Authority
Part 15—General
305AApplication to Tribunal for declaration
305BMatters Tribunal must take into account in review proceedings
305CIncorporation of documents in certain orders or other instruments
305DValidation of certain orders or other instruments
306Power of Minister to delegate
307Power of Minister to give directions
307AReimbursement of cost of complying with directions
308Power of Minister to exempt
309Powers of the Minister in enforcing certain Parts of this Act
310Establishment of Drillers' Licensing Board
311Application for licence
312Board may grant licence
313Licences may be revoked or suspended
314Register of licences
315Term of licence
316Requirement that licensed driller carry out work
317Appeals
318Advisory committees established by Minister
319Department Head
321Officers appointed or transferred to Authorities
322Guidelines as to terms and conditions of employment
323Saving of rights of public servants appointed to Authorities
323ASupreme Court—limitation of jurisdiction
324Regulations
325AEffect of Schedule 15
326Savings and transitionals
330Transitional provisions for removal of power to set fees under tariffs
331Transitional provisions—Water (Irrigation Farm Dams) Act 2002
334Certificate as to land taken over by another body
Part 16—Transitional, validation and other provisions—Water and Catchment Legislation Amendment Act 2019
Division 1—Serviced property, transitional and validation provisions
335Definitions
336Serviced property immediately before the serviced property commencement
337Certain land taken to be serviced property
338Certain properties taken to have been serviced properties for the purposes of fees for services under Parts 8, 9, 10 and 11
Division 2—Validation of charges in relation to salinity mitigation
339Meaning of validation date
340Validation provision in respect of section 287A
341Validation provision in respect of section 64R
342Proceedings on foot not affected
Division 3—Salinity impact charge determinations
343Regulatory impact statement not required for first salinity impact determination
Division 4—General
344Transitional provision—Sustainable Water Strategies—Water and Catchment Legislation Amendment Act 2019
345Savings provision—Infringement notices—Water and Catchment Legislation Amendment Act 2019
346Savings provision—Water (Estimation, Supply and Sewerage) Regulations 2014—Water and Catchment Legislation Amendment Act 2019
Part 17—Transitional provisions—Water and Catchment Legislation Amendment Act 2021
Division 1—Definitions
347Definitions
Division 2—Transitional provisions for Part 2 of the 2021 Act
348Certain property taken to be serviced property
349Standing direction taken to be standing assignment
350Transitional provision for old zones in water systems
351Transitional provision for interstate rights
Division 3—Transitional provisions for Part 4AA
Subdivision 1—Definition
352Definition
Subdivision 2—Transitional provisions for holders of water-use licences and water-use registrations
353Transition to general place of take approval for licence and registration holders
354Transition of notional rationing rates for general place of take approvals under section 353
355Transition to particular place of take approval
Subdivision 3—Transitional provisions for persons who do not hold water-use licences or water-use registrations
356Transition to general place of take approval for persons who do not hold water-use licences or water-use registrations
357Notional rationing rate for general place of take approvals under section 356
358Transition to particular place of take approval
Subdivision 3A—Transitional provision for external place of take approvals
358ATransition to external place of take approval for certain approvals under section 33AI
Subdivision 4—Transitional provisions for Authorities and the Water Holder
359Transition to general place of take approval for Authorities or the Water Holder
360Notional rationing rate for general place of take approvals under section 359
361Transition to particular place of take approval
Subdivision 5—General provisions
362Notional rationing rate where there is more than one general place of take approval for one place
363Determining place of take
364Applications under section 33AQ
365Applications under section 64K
366Regulatory impact statement not required for first rules made under section 64FZP
367Conversion rules
Division 4—Transitional provisions for Part 5 of the 2021 Act
369Effect of change of name of City West Water Corporation
Schedules
Schedule 1—Water Corporations and Former Water Authorities
Schedule 1A—Metropolitan water corporations—Old licensees under the Water Industry Act 1994
Schedule 2—Transitional provisions applying on restructuring or abolition of water corporations
Schedule 3—Particular powers of Melbourne Water Corporation
Schedule 12A—Recording mortgages of water shares
Schedule 12B—Electronic transactions in the water register
Schedule 15—Transitional arrangements—Water (Resource Management) Act 2005
═══════════════
Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 146
Water Act 1989
No. 80 of 1989
Version incorporating amendments as at
22 October 2025
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purposes
This Act has the following purposes—
(a)to re-state, with amendments, the law relating to water in Victoria;
(b)to provide for the integrated management of all elements of the terrestrial phase of the water cycle;
(c)to promote the orderly, equitable and efficient use of water resources;
(d)to make sure that water resources are conserved and properly managed for sustainable use for the benefit of present and future Victorians;
(e)to maximise community involvement in the making and implementation of arrangements relating to the use, conservation or management of water resources;
(ea)to ensure that Victoria's water resources and waterways are managed in a way that considers—
(i)Aboriginal cultural values and uses of waterways; and
(ii)the social and recreational uses and values of waterways;
(f)to eliminate inconsistencies in the treatment of surface and groundwater resources and waterways;
(g)to provide better definition of private water entitlements and the entitlements of Authorities;
(h)to foster the provision of responsible and efficient water services suited to various needs and various consumers;
(i)to provide recourse for persons affected by administrative decisions;
(j)to provide formal means for the protection and enhancement of the environmental qualities of waterways and their in-stream uses;
(k)to provide for the protection of catchment conditions;
(l)to replace many forms of detailed administrative supervision of Authorities with general supervision by the Minister, through approved corporate plans and express directions;
(m)to continue in existence and to protect all public and private rights to water existing before the commencement of the relevant provisions of this Act.
2Commencement
(1)This Act (except sections 328 and 329) comes into operation on 1 September 1991 or an earlier day or days to be proclaimed.
(2)Section 328 comes into operation on the day on which this Act receives the Royal Assent.
(3)Section 329 must be taken to have come into operation on 6 July 1988.
* * * * *
3Definitions
(1)In this Act—
Aboriginal person has the same meaning as in the Aboriginal Heritage Act 2006;
* * * * *
analyst means an analyst approved by an Authority to carry out analyses on behalf of the Authority for the purposes of this Act;
annual salinity impact charge means a charge fixed in a determination under section 232B(1)(b);
annual use limit, in relation to—
(a)a water-use licence, means the maximum volume of water that in any 12 month period may be applied to the land specified in the licence under a condition on the licence imposed under section 64AD, or as determined in accordance with the conversion rules applicable to the licence (as the case requires); and
(b)a water-use registration, means the maximum volume of water that may be used on the land specified in the registration in any 12 month period under a condition on the registration imposed under section 64AT or as determined in accordance with the conversion rules applicable to the registration (as the case requires);
approved form, in Part 5A, means a form approved by a recording body;
approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
approved interstate right means an equivalent interstate right that has been approved under section 33AG as a right under which the holder may take water in Victoria;
approved place means a place approved under a general place of take approval as a place from which water may be taken;
aquifer means a geological structure or formation or an artificial land fill permeated or capable of being permeated permanently or intermittently with water;
* * * * *
area of land liable to flooding means an area that is declared by the Minister under section 205 to be an area of land liable to flooding;
* * * * *
associated water system, in relation to a water share, means the declared water system determined by the Minister under section 33G to be the water system for which the share is issued or, if the Minister has determined that the water share is to be converted to a water share with a different associated water system, that water system;
authorised, in relation to any act, means authorised (whether generally or specifically) by this or any other Act or by a licence, permit or other authority granted under this or any other Act and, in determining whether or not the construction of a dam is authorised, no account is to be taken of any direction given under section 80(1) or (2) or of the fact that any such direction has been complied with;
authorised person means a person authorised in writing by an Authority or the Minister for the purpose of the provision in which the expression appears;
authorised water officer means a person appointed as an authorised water officer under section 291A;
Authority means a water corporation or a Catchment Management Authority;
Basin Plan has the same meaning as in the Water Act 2007 of the Commonwealth;
Basin water resource plan has the same meaning as water resource plan has in the Water Act 2007 of the Commonwealth;
biosolids means stabilised organic solids derived from the treatment of sewage;
board of directors means—
(a)in relation to a water corporation, the board of directors established under Division 3 of Part 6 for that corporation; and
(b)in relation to a Catchment Management Authority, other than Melbourne Water Corporation,, the board established under Division 4 of Part 2 of the Catchment and Land Protection Act 1994 for that Authority;
bore means any bore, well or excavation or any artificially constructed or improved underground cavity used or to be used for the purpose of—
(a)the interception, collection, storage or extraction of groundwater; or
(b)groundwater observation or the collection of data concerning groundwater; or
(c)the drainage or desalination of any land; or
(d)in the case of a bore that does not form part of a septic tank system, the disposal of any matter below the surface of the ground; or
(e)the recharge of an aquifer—
but does not include a bore that is used solely for purposes other than those specified in paragraphs (a), (b) and (d);
building line means a building line that is declared by an Authority under section 203(1);
bulk entitlement means an entitlement granted under Division 1 of Part 4;
capital works salinity impact charge means a charge fixed in a determination under section 232B(1)(a);
Catchment Management Authority means an Authority within the meaning of the Catchment and Land Protection Act 1994;
Central Gippsland Region Water Authority means the Central Gippsland Region Water Authority constituted by Order made on 16 December 1994 by the Minister and published in the Government Gazette on 19 December 1994;
* * * * *
* * * * *
* * * * *
Commonwealth Environmental Water Holder means the Commonwealth Environmental Water Holder established under section 104 of the Water Act 2007 of the Commonwealth;
Council has the same meaning as in the Local Government Act 2020;
dam means anything in which by means of an excavation, a bank, a barrier or other works water is collected, stored or concentrated;
* * * * *
declared area has the same meaning as in the Planning and Environment Act 1987;
declared water system means a water system that has, under a declaration under section 6A become a declared water system;
Department means the Department of Energy, Environment and Climate Action;
Department Head means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;
designated land means land that—
(a)in relation to an Authority, other than Melbourne Water Corporation, is declared under section 188 as designated land; and
(b)in relation to Melbourne Water Corporation, is designated land under section 188A;
designated waterway means a waterway that—
(a)in relation to an Authority, other than Melbourne Water Corporation, is declared under section 188 as a designated waterway; and
(b)in relation to Melbourne Water Corporation, is a designated waterway under section 188A;
designated works means works that—
(a)in relation to an Authority, other than Melbourne Water Corporation, are declared under section 188 as designated works; and
(b)in relation to Melbourne Water Corporation, are designated works under section 188A, or are declared as designated works under that section;
determination of native title has the same meaning as in section 225 of the Native Title Act 1993 of the Commonwealth;
* * * * *
domestic and stock use, in relation to water, means use for—
(a)household purposes; or
(b)watering of animals kept as pets; or
(c)watering of cattle or other stock; or
(ca)in the case of the curtilage of a house and any outbuilding, watering an area not exceeding 1·2 hectares for fire prevention purposes with water obtained from a spring or soak or water from a dam; or
(d)irrigation of a kitchen garden—
but does not include use for dairies, piggeries, feed lots, poultry or any other intensive or commercial use;
domestic partner of a person means—
(a)in sections 110 and 114—
(i)a person who is in a registered relationship with the person; or
(ii)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(A)for fee or reward; or
(B)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
(b)in section 128—
(i)a person who is in a registered domestic relationship with the person; or
(ii)a person to whom the person is not married but with whom the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
* * * * *
emergency management plan means a plan made or remade under section 159A, 159B or 159D, whether or not the plan is subsequently amended or varied;
environment Minister means the Minister administering Part 4 of the Catchment and Land Protection Act 1994;
Environment Protection Authority has the same meaning as Authority has under the Environment Protection Act 1970;
environmental area means land determined to be an environmental area under section 122ZA;
environmental entitlement means an entitlement under Division 1A of Part 4;
equivalent interstate right means a right in another State or Territory of the Commonwealth that is an equivalent right to—
(a)a water share and all water allocations made under that water share; or
(b)a water allocation under a water share;
Essential Services Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;
external place of take approval means an approval given under section 64FZS;
financial year, in relation to an Authority, means the year ending 30 June, unless the Minister determines otherwise for that particular Authority;
* * * * *
flood fringe area means an area of land that is declared by an Authority under section 203(1) to be a flood fringe area;
flood level means a flood level that is declared by an Authority under section 203(1);
floodway area means an area of land that is declared by the Minister under section 205 to be a floodway area;
flow, in relation to water, includes discharge, release, escape, percolation, seepage and passage, and includes both surface and underground flow;
general place of take approval means an approval given under section 64FC;
generation company has the same meaning as in the Electricity Industry Act 2000;
Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
groundwater means any water occurring in or obtained from an aquifer and includes any matter dissolved or suspended in any such water;
* * * * *
* * * * *
houseboat means any boat containing a toilet or sleeping accommodation or capable of containing enclosed or semi-enclosed sleeping accommodation;
in-stream uses, in relation to water, includes—
(a)the maintenance of aquatic, riparian, floodplain and wetland ecosystems; and
(b)the maintenance of aesthetic and scientific values; and
(ba)the maintenance of Aboriginal cultural values and uses of waterways and other cultural values and uses of waterways; and
(c)water-based recreational activities; and
(d)fishing for commercial purposes; and
(e)the maintenance of water quality; and
(f)navigation;
irrigation means the application of water to land—
(a)for the purpose of watering plants (other than in connection with domestic and stock use, plant nursery use or other prescribed uses); or
(b)any other prescribed agricultural purposes;
irrigation district, in relation to a water corporation, means any district that is determined to be or taken to be an irrigation district of the water corporation under Part 6A, including (where the case so requires) any such district as varied under that Part;
irrigation period means any period fixed by by‑law or (if the period does not exceed 12 months) fixed by the Authority by resolution published in a newspaper circulating generally in the area concerned, in respect of which an irrigation charge is made;
kitchen garden means a garden—
(a)that is used solely in connection with a dwelling; and
(b)no produce from which is sold; and
(c)in the case of a garden irrigated solely with surface water that is not part of an allotment that was alienated from the Crown before 15 December 1886, that is not bigger than 0×1 hectares; and
(d)in the case of a garden irrigated with both surface water and groundwater that is not part of an allotment that was alienated from the Crown before 15 December 1886, that is not bigger than 0×4 hectares; and
(e)in the case of a garden irrigated solely with groundwater, that is not bigger than 0×4 hectares; and
(f)in the case of a garden that is part of an allotment that was alienated from the Crown before 15 December 1886, that is not bigger than 1×2 hectares;
* * * * *
levee maintenance permit means a permit issued under section 84AAE;
licensed driller means a person who holds a licence granted under section 312;
* * * * *
limited term transfer, in relation to a water share, means the transfer of a right to future water allocations for a limited period under the share under section 33T;
Melbourne Water Corporation means the water corporation known as Melbourne Water Corporation;
* * * * *
metropolitan water corporation means a water corporation established by section 85(1A);
* * * * *
municipal district, in relation to a Council, has the same meaning as in the Local Government Act 2020;
Murray-Darling Basin Agreement has the same meaning as Agreement has in the Murray-Darling Basin Act 1993;
native title holder has the same meaning as in section 224 of the Native Title Act 1993 of the Commonwealth;
nominal daily area water take, for a rationing area, means the amount of water that, in the Minister's opinion, can reasonably be delivered to the rationing area on a daily basis;
nominated officer means each senior officer of a water corporation who is nominated by the water corporation;
non-declared water system means a water system that is not a declared water system;
non-metropolitan water corporation means a water corporation that is not Melbourne Water Corporation or a metropolitan water corporation;
* * * * *
northern water resources means the water resources referred to in the definition of Basin water resources in the Water Act 2007 of the Commonwealth;
notional rationing rate, in relation to a general place of take approval means the portion of the nominal daily area water take for the rationing area in which the approved place is situated that is set out in the approval, however the portion is expressed;
notional rationing rate declaration means a declaration under section 64FV;
occupier—
(a)in relation to any bore that is being constructed or altered, means the holder of a licence issued under section 67 in respect of the bore; and
(b)in relation to any bore that is not being constructed or altered means—
(i)the holder of a licence issued under section 51 in respect of the bore; or
(ii)any person disposing of any matter by means of the bore in accordance with an approval given under section 76; or
(iii)if there is no such licensee or person, the occupier of the land on which the bore is situated;
particular place of take approval means an approval given under section 64FZJ;
permanent water saving plan means a plan prepared, adopted and (where the case so requires) varied under Part 8;
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;
person—
(a)in Part 3A, Division 1A of Part 4, Part 4AA, Part 4B, Part 5A and Schedule 12A, means an individual or an incorporated body;
(b)in any other part of the Act, means an individual, a body or an association (incorporated or unincorporated) or a partnership;
police officer has the same meaning as in the Victoria Police Act 2013;
pollute, in relation to any water, means to alter (directly or indirectly) the physical, thermal, chemical, biological or radioactive properties of the water so as to make the water—
(a)less fit for any beneficial purpose for which it is, or may reasonably be expected to be, used; or
(b)harmful or potentially harmful to—
(i)the health, welfare or safety of human beings; or
(ii)animals, birds, wildlife, fish or other aquatic life; or
(iii)plants or other vegetation; or
(iv)other organisms;
private dam means anything in which by means of an excavation, a bank, a barrier or other works water is collected, stored or concentrated but does not include—
(a)anything owned or operated by a public statutory body; or
(b)any works of an Authority; or
(c)a channel, drain or pipe; or
(d)a bore;
public statutory body includes a council;
rationing area means an area in a declared water system that has been declared by the Minister under section 6C(1) or 64FV to be a rationing area;
recognition and settlement agreement has the same meaning as in the Traditional Owner Settlement Act 2010;
recording body means—
(a)in relation to the records and information in the water register relating to the details set out in Division 3 of Part 5A, the Registrar; or
(b)in relation to the records and information in the water register relating to the details set out in Division 4 of Part 5A, the Minister; or
(c)in relation to the records and information in the water register relating to the details set out in Division 5 of Part 5A, to the extent required for an Authority under that Division, that Authority;
recreational area means land determined to be a recreational area under section 122ZA;
recycled water means water derived from sewage or trade waste that has been treated for the purposes of re-use;
* * * * *
* * * * *
Registrar means the person employed under Part 5A to be the Registrar of the water register;
registration licence means a licence issued under section 51(1A), 51AA or 51AB;
related body corporate has the same meaning as in the Corporations Act;
related person means a person who is related to another person in accordance with any of the following provisions—
(a)natural persons are related persons if one of them is a relative of the other;
(b)companies are related persons if they are related bodies corporate within the meaning of the Corporations Act;
(c)a natural person and a company are related persons if the natural person is a majority shareholder or director of the company or of another company that is a related body corporate of the company within the meaning of the Corporations Act;
(d)a natural person and a trustee are related persons if the natural person is a beneficiary of the trust (not being a public unit trust scheme) of which the trustee is a trustee;
(e)a company and a trustee are related persons if the company, or a majority shareholder or director of the company, is a beneficiary of the trust (not being a public unit trust scheme) of which the trustee is a trustee;
relative in relation to a natural person, means a person who is—
(a)a child or remoter lineal descendant of the person or of the partner of the person;
(b)a parent or remoter lineal ancestor of the person or of the partner of the person;
(c)a brother or sister of the person or of the partner of the person;
(d)the partner of the person or a partner of any person referred to in paragraph (a), (b) or (c);
(e)a child of a brother or sister of the person or of the partner of the person;
(f)a brother or sister of a parent of the person or of a parent of the partner of the person;
relevant water allocation means any water allocation other than a water allocation under a bulk entitlement or environmental entitlement that has not been assigned under this Act;
return period, in relation to the ordinary return of a member of the board of directors of a water corporation or a nominated officer in section 114, means—
(a)if the last return of the member or nominated officer was a primary return, the period between the date of the primary return and the next 30 June; or
(b)if the last return of the member or nominated officer was an ordinary return, the period between the date of the ordinary return and the next 30 June;
salinity impact charge means—
(a)a capital works salinity impact charge; or
(b)an annual salinity impact charge;
salinity impact zone means an area of land that is determined to be a salinity impact zone under section 232;
seasonal determination in relation to a water system, means a determination for that system made under section 64GB;
* * * * *
septic tank system means a system for the bacterial, biological, chemical or physical treatment of sewage, and includes all tanks, beds, sewers, drains, pipes, fittings, appliances and land used in connection with the system;
serviced property means—
(a)land that is declared to be serviced property under a notice under section 144 or 179, or by a declaration under 226(5); and
(b)in relation to the waterway management district of Melbourne Water Corporation, the land that is serviced property under section 144A;
Note
For land that is taken to be serviced property see sections 336 and 348.
sewage means any human excreta or domestic waterborne waste, whether untreated or partially treated, but does not include trade waste;
sewer means any pipe, channel, tunnel or other conduit which is constructed or provided for the conveyance of sewage or trade waste and is vested in or owned by an Authority;
sewerage district, in relation to a water corporation, means any district that is determined to be or taken to be a sewerage district of the water corporation under Part 6A, including (where the case so requires) any such district as varied under that Part;
social and recreational uses and values, in relation to waterways, means—
(a)the uses of waterways for social and recreational purposes; and
(b)the economic, aesthetic and well-being benefits that the community derives from the use of waterways for social and recreational purposes;
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Water Act 1989 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Water Act 1989, No. 80/1989
Assent Date: 5.12.89 Commencement Date: Ss 371, 372 on 1.7.24: s. 370; s. 368(2) inserted on 1.1.22 by No. 48/2021 s. 108: Special Gazette (No. 717) 14.12.21 p. 1; s. 374 inserted on 1.12.21 by No. 52/2021 s. 104: s. 2(1) Note: S. 368(2) repealed s. 368 on 20.11.24; s. 374 repealed Pt 18 (ss 370−374) on 1.7.25 Current State: This information relates only to the provision/s amending the Water Act 1989
Local Government (Amendment) Act 1990, No. 13/1990
Assent Date: 8.5.90 Commencement Date: Ss 45, 46 on 8.5.90: s. 2(1)(a) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water (Waivers) Act 1991, No. 25/1991
Assent Date: 12.6.91 Commencement Date: All of Act (except s. 5) on 1.11.90: s. 2(1); s. 5 on 5.12.89: s. 2(2) CurrentState: All of Act in operation
Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991
Assent Date: 25.6.91 Commencement Date: S. 74 on 25.6.91: s. 2(4) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Administrative Appeals Tribunal (Planning) Act 1991, No. 62/1991
Assent Date: 12.11.91 Commencement Date: S. 39 on 29.5.90: s. 2(2); rest of Act on 8.1.92: Government Gazette 8.1.92 p. 2 CurrentState: All of Act in operation
Local Government (Rating) Act 1991, No. 78/1991 (as amended by No. 22/1992)
Assent Date: 3.12.91 Commencement Date: Ss 20–22 on 3.12.91: s. 2(5) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water (Elections) Act 1992, No. 12/1992
Assent Date: 2.6.92 Commencement Date: All of Act (except s. 7(3)) on 2.6.92: s. 2(1); s. 7(3) on 1.11.90: s. 2(2) CurrentState: All of Act in operation
Heritage Rivers Act 1992, No. 36/1992
Assent Date: 16.6.92 Commencement Date: S. 21 on 10.9.92: Government Gazette 9.9.92 p. 2635 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water (Rural Water Corporation) Act 1992, No. 50/1992
Assent Date: 30.6.92 Commencement Date: 1.7.92: Government Gazette 1.7.92 p. 1629 CurrentState: All of Act in operation
Melbourne Water Corporation Act 1992, No. 54/1992
Assent Date: 30.6.92 Commencement Date: S. 2 on 30.6.92: s. 2 (2); rest of Act on 1.7.92: Government Gazette 1.7.92 p. 1629 CurrentState: All of Act in operation
Residential Tenancies (Water and Utilities Charges) Act 1993, No. 25/1993
Assent Date: 25.5.93 Commencement Date: Pt 1 (ss 1, 2) on 25.5.93: s. 2 (1); Pts 2, 3 (ss 3–12) on 1.7.93: s. 2(2); Pts 4–6 (ss 13–16) on 1.7.94: s. 2(3) CurrentState: All of Act in operation
Water (Amendment) Act 1993, No. 69/1993
Assent Date: 5.10.93 Commencement Date: 5.10.93 CurrentState: All of Act in operation
Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993
Assent Date: 23.11.93 Commencement Date: Pt 1 (ss 1–3) on 23.11.93: s. 2(1); rest of Act on 23.5.94: s. 2(3) CurrentState: All of Act in operation
Electricity Industry (Amendment) Act 1993, No. 130/1993
Assent Date: 14.12.93 Commencement Date: S. 122(Sch. 4 item 17) on 3.1.94: Special Gazette (No. 97) 23.12.93 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date: 31.5.94 Commencement Date: S. 4(Sch. 2 item 106) on 1.1.95: Government Gazette 28.7.94 p. 2055 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water (Further Amendment) Act 1994, No. 49/1994
Assent Date: 7.6.94 Commencement Date: Ss 1, 2 on 7.6.94: s. 2(1); s. 8 (except (a)(c)) on 1.7.92: s. 2(2); rest of Act on 1.7.94: s. 2(4) CurrentState: All of Act in operation
Electricity Industry (Amendment) Act 1994, No. 53/1994
Assent Date: 15.6.94 Commencement Date: S. 34 on 3.10.94: Special Gazette (No. 64) 27.9.94 p. 1; Sch. 1 items 11.1–1.3 on 3.10.94: s. 2(4A) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Valuation of Land (Amendment) Act 1994, No. 91/1994
Assent Date: 6.12.94 Commencement Date: S. 31 on 23.1.95: Government Gazette 19.1.95 p. 121 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Electricity Industry (Further Amendment) Act 1994, No. 110/1994
Assent Date: 20.12.94 Commencement Date: S. 41(Sch. 1 item 11) on 20.12.94: Special Gazette (No. 100) 20.12.94 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Industry Act 1994, No. 121/1994
Assent Date: 20.12.94 Commencement Date: Ss 1, 2 on 20.12.94; s. 2(1); rest of Act on 1.1.95: Special Gazette (No. 105) 23.12.94 p. 1 CurrentState: All of Act in operation
Equal Opportunity Act 1995, No. 42/1995
Assent Date: 14.6.95 Commencement Date: S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 48 on 1.1.96: Government Gazette 21.12.95 p. 3571 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Electricity Industry (Amendment) Act 1995, No. 56/1995
Assent Date: 20.6.95 Commencement Date: Ss 65, 66 on 20.6.95: Special Gazette (No. 52) 20.6.95 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water (Amendment) Act 1995, No. 62/1995
Assent Date: 20.6.95 Commencement Date: 20.6.95 CurrentState: All of Act in operation
Water Industry (Amendment) Act 1995, No. 65/1995
Assent Date: 27.6.95 Commencement Date: Ss 15, 16(1)–(7), 17–21, 22(b)–(d)(f)(i)–(k) on 29.6.95: Government Gazette 29.6.95 p. 1587; ss 16(8), 22(a)(e)(g)(h)(l) on 27.12.95: s. 2(4) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Electricity Industry (Further Amendment) Act 1995, No. 79/1995
Assent Date: 28.11.95 Commencement Date: Ss 34–36 on 28.11.95: Special Gazette (No. 116) 28.11.95 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water (Further Amendment) Act 1995, No. 86/1995
Assent Date: 28.11.95 Commencement Date: 28.11.95 CurrentState: All of Act in operation
Trustee and Trustee Companies (Amendment) Act 1995, No. 104/1995
Assent Date: 5.12.95 Commencement Date: 1.1.96: s. 2 CurrentState: All of Act in operation
Water Acts (Amendment) Act 1996, No. 12/1996
Assent Date: 25.6.96 Commencement Date: Ss 3–12 on 25.6.96: s. 2(1) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Building (Amendment) Act 1996, No. 39/1996
Assent Date: 12.11.96 Commencement Date: Ss 11, 12 on 24.3.97: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Electricity Industry (Miscellaneous Amendment) Act 1997, No. 35/1997
Assent Date: 3.6.97 Commencement Date: S. 29 on 3.6.97: Special Gazette (No. 58) 3.6.97 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Rail Corporations (Amendment) Act 1997, No. 104/1997
Assent Date: 16.12.97 Commencement Date: S. 58 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Residential Tenancies Act 1997, No. 109/1997
Assent Date: 23.12.97 Commencement Date: S. 533(Sch. 2 items 12.1–12.4) on 1.7.98: Government Gazette 18.6.98 p. 1512 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Acts (Further Amendment) Act 1997, No. 110/1997
Assent Date: 23.12.97 Commencement Date: Ss 13–16, 19, 20, 23–25 on 1.1.98: Government Gazette 24.12.97 p. 3783; ss 17, 18, 21, 22 on 1.7.98: Government Gazette 24.12.97 p. 3783 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Victorian Plantations Corporation (Amendment) Act 1998, No. 35/1998
Assent Date: 19.5.98 Commencement Date: S. 21 on 26.6.98: Government Gazette 25.6.98 p. 1561 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Catchment and Land Protection (Amendment) Act 1998, No. 39/1998
Assent Date: 26.5.98 Commencement Date: Ss 12, 13 on 26.5.98: s. 2(1) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 (as amended by No. 101/1998)
Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 105) on 1.7.98: Government Gazette 18.6.98 p. 1512 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998
Assent Date: 10.11.98 Commencement Date: S. 29 on 15.12.98: s. 2(5) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Transfer of Land (Single Register) Act 1998, No. 85/1998
Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 66) on 1.1.99: s. 2(3) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Acts (Amendment) Act 1999, No. 22/1999
Assent Date: 18.5.99 Commencement Date: Ss 3–6(5), 6(7), 7 on 18.5.99: s. 2(1); s. 6(6) on 18.5.00: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water (Waterway Management Tariffs) Act 1999, No. 65/1999
Assent Date: 21.12.99 Commencement Date: 21.12.99: s. 2 CurrentState: All of Act in operation
Transport (Amendment) Act 2000, No. 30/2000
Assent Date: 30.5.00 Commencement Date: 31.5.00: s. 2 CurrentState: All of Act in operation
Essential Services Legislation (Dispute Resolution) Act 2000, No. 59/2000
Assent Date: 8.11.00 Commencement Date: S. 6 on 13.4.01: Government Gazette 29.3.01 p. 523 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Industry (Amendment) Act 2000, No. 66/2000
Assent Date: 8.11.00 Commencement Date: Ss 25–32 on 1.12.01: s. 2(4) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000
Assent Date: 21.11.00 Commencement Date: S. 65 on 1.1.01: s. 2(4) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water (Amendment) Act 2001, No. 25/2001
Assent Date: 29.5.01 Commencement Date: 30.5.01: s. 2 CurrentState: All of Act in operation
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 127) on 15.7.01: s. 2 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001
Assent Date: 7.11.01 Commencement Date: S. 3(Sch. item 12) on 20.12.01: Government Gazette 20.12.01 p. 3127 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water (Irrigation Farm Dams) Act 2002, No. 5/2002 (as amended by No.6/2002)
Assent Date: 3.4.02 Commencement Date: Ss 4–19(1), 19(3), 21–24, 25(2)–(4), 29, 30, 32–56 on 4.4.02: s. 2(1); ss 19(2)(4), 20, 25(1), 26–28, 31 on 1.7.02: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 66) on 24.4.02: s. 2(1) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Electoral Act 2002, No. 23/2002
Assent Date: 12.6.02 Commencement Date: S. 205 on 1.9.02: Government Gazette 29.8.02 p. 2333 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Utility Meters (Metrological Controls) Act 2002 No. 48/2002
Assent Date: 22.10.02 Commencement Date: S. 75 on 1.1.03: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water (Victorian Water Trust Advisory Council) Act 2003, No. 35/2003
Assent Date: 27.5.03 Commencement Date: 1.12.03: s. 2(2) CurrentState: All of Act in operation
Safe Drinking Water Act 2003, No. 46/2003
Assent Date: 11.6.03 Commencement Date: S. 59(1) on 1.7.04: s. 2 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Legislation (Essential Services Commission and Other Amendments) Act 2003, No. 48/2003
Assent Date: 11.6.03 Commencement Date: S. 12(1) on 4.4.02: s. 2(2); ss 8, 10 on 12.6.03: s. 2(1); ss 7, 12(2)(3) on 1.1.04: Government Gazette 11.12.03 p. 3117; s. 9 on 1.7.05: s. 2(4) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Legislation (Amendment) Act 2003, No. 90/2003
Assent Date: 11.11.03 Commencement Date: Ss 3–7, 12 on 12.11.03: s. 2 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Road Management Act 2004, No. 12/2004
Assent Date: 11.5.04 Commencement Date: Ss 175, 176 on 1.1.05: s. 2(4) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Planning and Environment (General Amendment) Act 2004, No. 81/2004
Assent Date: 16.11.04 Commencement Date: S. 52 on 23.5.05: Government Gazette 19.5.05 p. 930 CurrentState: This information relates only to the provision/s amending the Water Act 1989
State Concessions Act 2004, No. 82/2004
Assent Date: 16.11.04 Commencement Date: S. 13(Sch. item 7) on 1.3.05: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 232) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Environment and Water Legislation (Miscellaneous Amendments) Act 2005, No. 48/2005
Assent Date: 24.8.05 Commencement Date: Ss 13–15 on 25.8.05: s. 2 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Groundwater (Border Agreement) (Amendment) Act 2005, No. 79/2005
Assent Date: 22.11.05 Commencement Date: S. 5 on 31.10.06: Government Gazette 26.10.06 p. 2286 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water (Resource Management) Act 2005, No. 99/2005 (as amended by No. 85/2006)
Assent Date: 7.12.05 Commencement Date: Ss 4, 11, 34 on 15.12.05: Government Gazette 15.12.05 p. 2901; ss 3, 5–10, 12–33, 35–57, 59–68, 70, 71 on 3.8.06: Special Gazette (No. 191) 2.8.06 p. 1; s. 58 on 21.12.06: Government Gazette 21.12.06 p. 2768; s. 69 on 1.7.07: Government Gazette 28.6.07 p. 1304 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Rail Safety Act 2006, No. 9/2006
Assent Date: 4.4.06 Commencement Date: S. 161 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Owners Corporations Act 2006, No. 69/2006
Assent Date: 19.9.06 Commencement Date: S. 224(Sch. 3 item 12) on 31.12.07: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 116) on 11.10.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water (Governance) Act 2006, No. 85/2006 (as amended by No. 28/2007)
Assent Date: 17.10.06 Commencement Date: Ss 3(k), 5, 7–20, 27–33, 35, 36, 38–46, 48–53, 68, 69(2)(3), 95–97, 121, 123(1)–(4), 124, 129(1), 130, 137–147 on 21.12.06: Government Gazette 21.12.06 p. 2768; ss 3(a)–(j)(l)(m), 4, 6, 21–26, 34, 37, 47,
54–67, 69(1), 70–94, 98–120, 122, 123(5)–(7),
125–128, 129(2), 131–136, 148 on 1.7.07: s. 2(3)CurrentState: This information relates only to the provision/s amending the Water Act 1989
Statute Law Revision Act 2007, No. 28/2007
Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 75) on 27.6.07: s. 2(1) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Acts Amendment (Enforcement and Other Matters) Act 2007, No. 29/2007
Assent Date: 26.6.07 Commencement Date: Ss 13–24 on 27.6.07: s. 2 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Motor Car Traders Amendment Act 2008, No. 4/2008
Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 37) on 1.12.08: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Relationships Act 2008, No. 12/2008
Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 65) on 1.12.08: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Public Health and Wellbeing Act 2008, No. 46/2008
Assent Date: 2.9.08 Commencement Date: S. 292 on 1.1.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Greenhouse Gas Geological Sequestration Act 2008, No. 61/2008
Assent Date: 5.11.08 Commencement Date: S. 323 on 1.12.09: Special Gazette (No. 439) 1.12.09 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water (Commonwealth Powers) Act 2008, No. 75/2008
Assent Date: 4.12.08 Commencement Date: Ss 21–23 on 15.12.08: Special Gazette (No. 358) 11.12.08 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009
Assent Date: 10.2.09 Commencement Date: S. 37(Sch. 1 item 29) on 1.12.09: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Amendment (Non Water User Limit) Act 2009, No. 54/2009
Assent Date: 15.9.09 Commencement Date: Ss 4–14 on 16.9.09: s. 2 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 133) on 1.1.10: Government Gazette 10.12.09 p. 3215 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 62) on 1.1.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Consumer Affairs Legislation Amendment Act 2010, No. 1/2010
Assent Date: 9.2.10 Commencement Date: S. 93 on 1.8.10: Government Gazette 22.7.10 p. 1628 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)
Assent Date: 2.3.10 Commencement Date: S. 203(1)(Sch. 6 item 51) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Amendment (Entitlements) Act 2010, No. 32/2010
Assent Date: 8.6.10 Commencement Date: Ss 3–60, 63–77, Sch. on 24.6.10: Government Gazette 24.6.10 p. 1275; ss 61, 62 on 1.1.11: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010
Assent Date: 17.8.10 Commencement Date: S. 58 on 1.9.10: Special Gazette (No. 337) 24.8.10 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Amendment (Victorian Environmental Water Holder) Act 2010, No. 50/2010 (as amended by No. 29/2011)
Assent Date: 24.8.10 Commencement Date: Ss 9–12, 24–27 on 28.10.10: Government Gazette 28.10.10 p. 2584; ss 3–8, 13–23, 28–31 on 1.7.11: Special Gazette (No. 141) 3.5.11 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Traditional Owner Settlement Act 2010, No. 62/2010
Assent Date: 21.9.10 Commencement Date: Ss 130, 131 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Subordinate Legislation Amendment Act 2010, No. 78/2010
Assent Date: 19.10.10 Commencement Date: S. 24(Sch. 1 item 36) on 1.1.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Statute Law Revision Act 2011, No. 29/2011
Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 105) on 22.6.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Commercial Arbitration Act 2011, No. 50/2011
Assent Date: 18.10.11 Commencement Date: S. 46(Sch. item 15) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Legislation Amendment (Water Infrastructure Charges) Act 2011, No. 63/2011
Assent Date: 15.11.11 Commencement Date: Ss 9–11 on 16.11.11: s. 2 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012
Assent Date: 3.4.12 Commencement Date: Ss 3–69 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Traditional Owner Settlement Amendment Act 2013, No. 4/2013
Assent Date: 19.2.13 Commencement Date: S. 34 on 8.3.13: Special Gazette (No. 70) 5.3.13 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Rail Safety National Law Application Act 2013, No. 22/2013
Assent Date: 23.4.13 Commencement Date: Ss 77–79 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Legislation Amendment Act 2013, No. 24/2013
Assent Date: 23.4.13 Commencement Date: Ss 3–6, 9–38, 40 on 19.6.13: Special Gazette (No. 211) 18.6.13 p. 1; ss 7, 8, 39 on 1.12.13: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
State Tax Laws Amendment (Budget and Other Measures) Act 2013, No. 41/2013
Assent Date: 28.6.13 Commencement Date: Ss 52, 53 on 29.6.13: s. 2(1) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Statute Law Revision Act 2013, No. 70/2013
Assent Date: 19.11.13 Commencement Date: S. 4(Sch. 2 item 56) on 1.12.13: s. 2(1) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Legal Profession Uniform Law Application Act 2014, No. 17/2014
Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 109) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Amendment (Water Trading) Act 2014, No. 28/2014
Assent Date: 8.4.14 Commencement Date: Ss 3–19 on 1.7.14: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 182) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Water Act 1989
Water Amendment (Flood Mitigation) Act 2014, No. 53/2014
Assent Date: 12.8.14 Commencement Date: Ss 3–7 on 1.3.15: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Emergency Management (Control of Response Activities and Other Matters) Act 2015, No. 43/2015
Assent Date: 22.9.15 Commencement Date: S. 39 on 19.9.16: Special Gazette (No. 284) 13.9.16 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Justice Legislation Further Amendment Act 2016, No. 3/2016
Assent Date: 16.2.16 Commencement Date: S. 97 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1 Current State: This information relates only to the provision/s amending the Water Act 1989
Traditional Owner Settlement Amendment Act 2016, No. 67/2016
Assent Date: 15.11.16 Commencement Date: S. 35 on 1.5.17: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017
Assent Date: 26.9.17 Commencement Date: Ss 93‒96 on 1.12.17: s. 2(3) Current State: This information relates only to the provision/s amending the Water Act 1989
Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017
Assent Date: 24.10.17 Commencement Date: S. 94 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
State Taxation Acts Further Amendment Act 2017, No. 67/2017
Assent Date: 19.12.17 Commencement Date: S. 79 on 20.12.17: s. 2(4) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Oaths and Affirmations Act 2018, No. 6/2018
Assent Date: 27.2.18 Commencement Date: S. 68(Sch. 2 item 137) on 1.3.19: s. 2(2) Current State: This information relates only to the provision/s amending the Water Act 1989
Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018
Assent Date: 29.5.18 Commencement Date: Ss 30–33 on 30.5.18: s. 2 Current State: This information relates only to the provision/s amending the Water Act 1989
Environment Protection Amendment Act 2018, No. 39/2018 (as amended by Nos 27/2019, 11/2020)
Assent Date: 28.8.18 Commencement Date: S. 61 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 11/2020, 25/2020)
Assent Date: 18.9.18 Commencement Date: S. 379 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water and Catchment Legislation Amendment Act 2019, No. 23/2019
Assent Date: 20.8.19 Commencement Date: Ss 4, 5(1)(3)–(7)(9)(10), 6–82, 84, 85, 87, 88, 90–95, 97–117 on 9.10.19: Special Gazette (No. 409) 8.10.19 p. 1; ss 5(8), 83, 86, 89, 96 on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1; s. 5(2) on 19.3.20: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019
Assent Date: 6.11.19 Commencement Date: S. 117(Sch. 1 item 13) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 Current State: This information relates only to the provision/s amending the Water Act 1989
Local Government Act 2020, No. 9/2020
Assent Date: 24.3.20 Commencement Date: S. 390(Sch. 1 item 111) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Great Ocean Road and Environs Protection Act 2020, No. 19/2020
Assent Date: 23.6.20 Commencement Date: Ss 112−115 on 1.12.20: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021
Assent Date: 19.10.21 Commencement Date: Ss 139−142 on 1.9.22: s. 2(2) Current State: This information relates only to the provision/s amending the Water Act 1989
Suburban Rail Loop Act 2021, No. 43/2021
Assent Date: 19.10.21 Commencement Date: S. 219(Sch. 1 item 14) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water and Catchment Legislation Amendment Act 2021, No. 48/2021 (as amended by No. 10/2023)
Assent Date: 3.11.21 Commencement Date: S. 7(1) on 19.3.20: s. 7(3); ss 7(2)(3), 62−68, 108 on 1.1.22: Special Gazette (No. 717) 14.12.21 p. 1; ss 4−6, 8−22, 24−29, 31−61, 69−107 on 20.11.23: Special Gazette (No. 564) 24.10.23 p. 1; ss 23, 30 on 1.7.24: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Windfall Gains Tax and State Taxation and Other Acts Further Amendment Act 2021, No. 52/2021
Assent Date: 30.11.21 Commencement Date: Ss 102–104 on 1.12.21: s. 2(1) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022
Assent Date: 15.2.22 Commencement Date: S. 107 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1 CurrentState: This information relates only to the provision/s amending the Water Act 1989
State Taxation and Treasury Legislation Amendment Act 2022, No. 23/2022
Assent Date: 15.6.22 Commencement Date: S. 11 on 1.7.22: s. 2(2) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Water Legislation Amendment Act 2023, No. 10/2023
Assent Date: 23.5.23 Commencement Date: Ss 20, 21 on 24.5.23: s. 2 CurrentState: This information relates only to the provision/s amending the Water Act 1989
Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025
Assent Date: 20.5.25 Commencement Date: Ss 60–62 on 21.5.25: s. 2(1) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025
Assent Date: 5.8.25 Commencement Date: S. 106(Sch. 1 item 50) on 6.8.25: s. 2(1) CurrentState: This information relates only to the provision/s amending the Water Act 1989
Statute Law Revision Act 2025, No. 41/2025
Assent Date: 21.10.25 Commencement Date: S. 4(Sch. 2 item 32) on 22.10.25: s. 2 Current State: This information relates only to the provision/s amending the Water Act 1989
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Special Gazette
(No. 26) 16 May 1991 pages 1–3
Special Gazette
(No. 27) 31 March 1995 pages 1–3
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3 Explanatory details
[1] S. 3(1) def. of waterway: In sections 36, 51 and 63, waterway has an extended meaning.
[2] S. 7(1): Section 8 confers water rights on persons other than the Crown, including the right to use rainwater that falls on land occupied by them. Section 10(1)(b) confers the right to construct works to store rainwater.
[3] S. 8(1)(c): Section 385 of the Land Act 1958, No. 6284/1958 was inserted by section 327 of this Act (repealed).
[4] S. 8(7): Section 15 protects rights conferred by or under this Act.
[5] S. 8(7)(b): Liability may arise under section 16 if a flow of water is obstructed or deflected.
[6] S. 12: The Crown is bound by this section (see s. 5(a)).
[7] S. 15: See note 6.
[8] S. 16: See note 6.
[9] S. 17: Section 157 sets out the liability of Authorities in respect of a flow of water from their works.
[10] S. 23: The Crown is bound by this section (see s. 5(b)).
[11] S. 33E: The Crown is bound by this section (see s. 5(ba)).
[12] S. 40(1)(ja): Section 22 of the Heritage Rivers Act 1992, No. 36/1992 reads as follows:
S. 22 amended by No. 68/2006 s. 10 (ILA s. 39B(1)).
22Transitional provision
(1)This Act is not to be taken to disturb the continuity, operation or effect of any instrument made granted or issued under any other Act before the commencement of this Act which authorises the carrying out of the grazing of domestic stock in a natural catchment area or heritage river area.
S. 22(2) inserted by No. 68/2006 s. 10.
(2)Despite section 10(1), an impoundment
that was in existence immediately before the commencement of section 6 of the Heritage Rivers (Further Protection) Act 2006 may be replaced or maintained.
[13] S. 55A: The Crown is bound by this section (see s. 5(bb)).
[14] S. 63: The Crown is bound by this section (see s. 5(c)).
[15] S. 68(d): See note 12.
[16] S. 70A: See note 13.
[17] S. 75A: The Crown is bound by this section (see s. 5(d)).
[18] S. 76A: See note 17.
[19] S. 78A: See note 17.
[20] S. 79A: See note 17.
[21] S. 80AA: See note 17.
[22] S. 81: See note 17.
[23] Pt 6 (Heading and ss 85–122) amended by Nos 25/1991 s. 3, 12/1992 s. 5, 50/1992 ss 7(a)–(i), 10(Sch. items 11.6–11.16,), 54/1992 s. 56(b)–(e), 69/1993 s. 5(a)(b), 49/1994 s. 4(1)(c)–(i), 8(a)(b), 121/1994 ss 191, 192(1), 62/1995 s. 42, 65/1995 ss 16(1)–(7), 17, 22(b)–(e), 79/1995 s. 35, 86/1995 ss 13, 14, 12/1996 ss 6, 7, 110/1997 s. 16, 39/1998 s. 12, 46/1998 s. 7(Sch. 1), 85/1998 s. 24(Sch. items 66.1, 66.2), 22/1999 s. 7, 59/2000 s. 6, 69/2000 s. 65(4), 25/2001 ss 4–11, 72/2001 s. 3(Sch. items 12.3–12.5), 11/2002 s. 3(Sch. 1 item 66.1), 23/2002 s. 205, 48/2003 ss 7, 8, 108/2004 s. 117(1)(Sch. 3 item 232.5), 99/2005 s. 34, 80/2006 s. 26(Sch. item 116.1), substituted as Pt 6 (Heading and ss 85–122F) by No. 85/2006 s. 54.
[24] S. 141: The Crown is bound by this section (see s. 5(e)).
[25] S. 143: See note 24.
[26] S. 145: See note 24.
[27] S. 145A: See note 24.
[28] S. 148(1): The Crown is bound by this subsection (see s. 5(e)).
[29] S. 149: See note 24.
[30] S. 150: See note 24.
[31] S. 151: See note 24.
[32] S. 153: See note 24.
[33] S. 154: See note 24.
[34] S. 157: By virtue of section 17(2) Authorities cannot be liable under section 16 in respect of a flow of water from their works.
[35] S. 166 (repealed): Section 59(2) of the Safe Drinking Water Act 2003, No. 46/2003 reads as follows:
59Repeal of immunity provision
(2)Despite the repeal of section 166, that section continues to apply to a person who, immediately before that repeal, was a member of an Authority in respect of any action taken by the person in connection with the treatment of water (including disinfection or fluoridation) in accordance with any Act for the remainder of the current term of that member.
[36] S. 169A: The Crown is bound by this section (see s. 5(ea)).
[37] S. 178: The Crown is bound by this section (see s. 5(f)).
[38] S. 194: The Crown is bound by this section (see s. 5(g)).
[39] S. 195: See note 38.
[40] S. 200: See note 38.
[41] S. 208: See note 38.
[42] S. 218: See note 38.
[43] S. 265: The Crown is bound by this section (see s. 5(h)).
[44] S. 268: See note 43.
[45] S. 269: See note 43.
[46] S. 270: See note 43.
[47] S. 281: See note 43.
[48] S. 288: The Crown is bound by this section (see s. 5(i)).
[49] S. 288A: See note 48.
[50] S. 289: See note 48.
[51] S. 289A: See note 48.
[52] S. 289B: See note 48.
[53] S. 289C: See note 48.
[54] S. 290: See note 48.
[55] S. 329 (repealed): The amendment to section 329(1)(b) proposed by section 226(Schedule 5 item 26) (repealed) of the Associations Incorporation Reform Act 2012, No. 20/2012 (repealed) is not included in this publication due to the earlier repeal of section 329 by section 66 of the Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012 (repealed).
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