Water Acts Amendment (Enforcement and Other Matters) Act 2007 (Vic)
Water Acts Amendment (Enforcement and Other Matters) Act 2007
No. 29 of 2007
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Water Industry Act 1994
3Definitions
4Repeal of section 60A
5Copy of plan—drought response and emergency management plans
6Contravention of drought response and emergency management plans
7Power to serve an infringement notice
8Copy of permanent water saving plan
9Contravention of permanent water saving plan
10New section 78OA inserted
78OAPower to serve an infringement notice
11Prosecutions
12New Part 6A inserted
Part 6A—Appointment of and powers of Authorised Water Officers
Division 1—Authorised water officers
185AAppointment of authorised water officers
185BIdentification of authorised water officers
185COffence to impersonate authorised water officer
Division 2—Powers of authorised water officers
185DPower to require person to state name and address
Part 3—Amendment of Water Act 1989
13Definitions
14Operation of take and use licences
15Copy of plan
16Contravention of permanent water saving plan
17By-laws
18Insertion of new heading
19Insertion of new provisions in Part 14
Division 2—Enforcement of water restrictions
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
Division 4—Further enforcement provisions
20Power to require person to state name and address
21Power to issue infringement notices
22Prosecutions
23Non-application of conversion to some take and use licences
24Statute law revision
Part 4—Amendment of Infringements Act 2006
25Amendment of infringement offence definition
Part 5—General
26Repeal of Act
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Endnotes
Water Acts Amendment (Enforcement and Other Matters) Act 2007
No. 29 of 2007
[Assented to 26 June 2007]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Water Act 1989 and the Water Industry Act 1994 to make further provision for enforcement in relation to drought response plans, emergency management plans, permanent water saving plans and water restrictions set out in by‑laws; and
(b)to amend the Infringements Act 2006 to extend the operation of that Act with respect to infringement notices under by-laws; and
(c)to amend the Water Act 1989 to enable the Minister to make further provision for licences to take water.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
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Part 2—Amendment of Water Industry Act 1994
3Definitions
In section 3(1) of the Water Industry Act 1994 insert the following definitions—
"authorised water officer means a person appointed as an authorised water officer under section 185A;
drought response plan means a drought response plan prepared, adopted and (where the case so requires) varied under Division 1A of Part 3;
emergency management plan means an emergency management plan prepared, adopted and (where the case so requires) varied under Division 1A of Part 3;
licensee means the holder of a licence issued under Division 1 of Part 2;
permanent water saving plan means a plan prepared, adopted and (where the case so requires) varied under Division 1B of Part 3;".
4Repeal of section 60A
Section 60A of the Water Industry Act 1994 is repealed.
5Copy of plan—drought response and emergency management plans
After section 78F(2) of the Water Industry Act 1994 insert—
"(3)A licensee must ensure that a copy of its drought response plan and a copy of its emergency management plan are published electronically at the electronic address of the licensee.".
6Contravention of drought response and emergency management plans
(1)In section 78H(1) of the Water Industry Act 1994 omit ", after receiving a warning notice from the licensee,".
(2)In section 78H(2) of the Water Industry Act 1994 omit ", after receiving a warning notice from the licensee,".
(3)In section 78H(3) of the Water Industry Act 1994 omit ", after receiving a warning notice from the licensee,".
(4)In section 78H(4) of the Water Industry Act 1994 omit ", after receiving a warning notice from the licensee,".
7Power to serve an infringement notice
(1)For section 78HA(1) of the Water Industry Act 1994 substitute—
"(1)An authorised water officer appointed by a licensee may serve an infringement notice on another person in respect of an offence against section 78H in respect of a relevant plan of the licensee, if the authorised water officer reasonably believes that the person has committed the offence.".
(2)After section 78HA(4) of the Water Industry Act 1994 insert—
"(5)In this section relevant plan, in relation to a licensee, means a drought response plan or emergency management plan that the licensee is responsible for implementing.".
8Copy of permanent water saving plan
After section 78M(2) of the Water Industry Act 1994 insert—
"(3)A licensee must ensure that a copy of its permanent water saving plan is published electronically at the electronic address of the licensee.".
9Contravention of permanent water saving plan
In section 78O of the Water Industry Act 1994 omit ", after receiving a warning notice from the licensee,".
10New section 78OA inserted
After section 78O of the Water Industry Act 1994 insert—
"78OA Power to serve an infringement notice
(1)An authorised water officer appointed by a licensee may serve an infringement notice on another person in respect of an offence against section 78O in respect of a relevant plan of the licensee, if the authorised water officer reasonably believes that the person has committed the offence.
(2)An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
(3)The infringement penalty for an offence referred to in subsection (1) is 1 penalty unit.
(4)In this section relevant plan, in relation to a licensee, means a permanent water saving plan that the licensee is responsible for implementing.".
11Prosecutions
For section 179(1)(ab) of the Water Industry Act 1994 substitute—
"(ab)in the case of an offence against section 78H or 78O, in relation to a plan of a licensee, an authorised water officer appointed by the licensee; or".
12New Part 6A inserted
After Part 6 of the Water Industry Act 1994 insert—
"Part 6A—Appointment of and powers of Authorised Water Officers
Division 1—Authorised water officers
185AAppointment of authorised water officers
(1)A licensee may appoint a person as an authorised water officer.
(2)An appointment under subsection (1) must be in writing.
(3)A licensee may require a person appointed under this section to undertake specified training before exercising any powers, functions or duties under this Act.
185BIdentification of authorised water officers
(1)A licensee must issue to each person appointed as an authorised water officer an identity card that—
(a)contains a photograph of the person; and
(b)states the full name of the person to whom it is issued; and
(c)states that the person is an authorised water officer for the purposes of this Act.
(2)An authorised water officer must produce his or her identity card for inspection at any time during the exercise of a power under this Act if asked to do so.
185COffence to impersonate authorised water officer
A person must not impersonate an authorised water officer.
Penalty:60 penalty units.
Division 2—Powers of authorised water officers
185DPower to require person to state name and address
(1)An authorised water officer may require a person to state his or her name and address if that authorised water officer has reasonable grounds for believing that the person has contravened, or is contravening, a restriction or prohibition on the use of water contained in—
(a)a drought response plan; or
(b)an emergency management plan; or
(c)a permanent water saving plan—
of the licensee who has appointed the authorised water officer.
(2)Subject to subsections (3) and (4), a person who is required under this section to state his or her name and address must not—
(a)refuse to state that name or address; or
(b)state a false name or address.
Penalty:10 penalty units.
(3)An authorised water officer must produce his or her identity card for inspection before exercising a power under subsection (1).
(4)It is not an offence for a person to fail to comply with subsection (2) if the authorised water officer did not comply with subsection (3).".
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Part 3—Amendment of Water Act 1989
13Definitions
In section 3(1) of the Water Act 1989 insert the following definitions—
"authorised water officer means a person appointed as an authorised water officer under section 291A;
permanent water saving plan means a plan prepared, adopted and (where the case so requires) varied under Part 8;".
14Operation of take and use licences
For section 51(1AA) of the Water Act 1989 substitute—
"(1AA)An application may not be made under subsection (1) to take and use water in a declared water system unless—
(a)the water to be taken and used is to be subject to a condition that a proportion of the water so taken and used is to be returned to the water system; or
(b)the water is to be taken and used for a prescribed purpose.".
15Copy of plan
After section 170D(2) of the Water Act 1989 insert—
"(3)An Authority must ensure that a copy of its permanent water saving plan is published electronically at the electronic address of the licensee.".
16Contravention of permanent water saving plan
In section 170F(1) of the Water Act 1989 omit
", after receiving a warning notice from the Authority,".
17By-laws
After section 171(3) of the Water Act 1989 insert—
"(4)An offence referred to in subsection (1)(ba), for which an infringement notice may be served, is an infringement offence within the meaning of the Infringements Act 2006.".
18Insertion of new heading
After the heading to Part 14 of the Water Act 1989 insert—
"Division 1—General offences".
19Insertion of new provisions in Part 14
After section 291 of the Water Act 1989 insert—
"Division 2—Enforcement of water restrictions
291AAppointment of authorised water officers
(1)An Authority with a water district may appoint a person as an authorised water officer.
(2)An appointment under subsection (1)—
(a)must be in writing; and
(b)must specify the district or districts in which the person may exercise the powers, functions or duties under this Act.
(3)An Authority may require a person appointed under this section to undertake specified training before exercising any powers, functions or duties under this Act.
291BIdentification of authorised water officers
(1)An Authority must issue to each person appointed as an authorised water officer an identity card that—
(a)contains a photograph of the person; and
(b)states the full name of the person to whom it is issued; and
(c)states that the person is an authorised water officer for the purposes of this Act.
(2)An authorised water officer must produce his or her identity card for inspection at any time during the exercise of a power under this Act if asked to do so.
291COffence to impersonate authorised water officer
A person must not impersonate an authorised water officer.
Penalty:60 penalty units.
Division 3—Powers of authorised water officers
291DAuthorised water officer may require person to state name and address
(1)An authorised water officer may require a person to state his or her name and address if that authorised water officer has reasonable grounds for believing that the person has contravened, or is contravening—
(a)an offence set out in section 170F in relation to a permanent water saving plan of the Authority that appointed the authorised water officer;
(b)an offence set out in a by-law made under section 171(1)(ba) by the Authority that appointed the authorised water officer.
(2)Subject to subsections (3) and (4), a person who is required under this section to state his or her name and address must not—
(a)refuse to state that name or address; or
(b)state a false name or address.
Penalty:10 penalty units.
(3)An authorised water officer must produce his or her identity card for inspection before exercising a power under subsection (1).
(4)It is not an offence for a person to fail to comply with subsection (2) if the authorised water officer did not comply with subsection (3).
Division 4—Further enforcement provisions".
20Power to require person to state name and address
(1)In section 293(1) of the Water Act 1989 for "offence against this Act or against regulations or by-laws made under this Act." substitute—
"offence against—
(a)this Act, except section 170F of this Act; or
(b)regulations made under this Act; or
(c)by-laws made under this Act, except by-laws made under section 171(1)(ba) of this Act.".
(2)After the penalty at the foot of section 293(2) of the Water Act 1989 insert—
"Note
See section 291D for powers of authorised water officers to request the name and address of persons.".
21Power to issue infringement notices
(1)For section 295A(1) of the Water Act 1989 substitute—
"(1)An authorised water officer appointed by an Authority may serve an infringement notice on another person in respect of an offence against section 170F in respect of a relevant plan of the Authority, if the authorised water officer reasonably believes that the person has committed the offence.".
(2)For section 295A(3) of the Water Act 1989 substitute—
"(3)The infringement penalty for an offence referred to in subsection (1) is 1 penalty unit.
(4)In this section relevant plan, in relation to an Authority, means a permanent water saving plan that the Authority is responsible for implementing.".
22Prosecutions
For section 296(1)(ba) of the Water Act 1989 substitute—
"(ba)in the case of an offence against section 288(1), 289(1) or 290(1), an employee of the licensee authorised to do so, either generally or in a specific case, by the licensee; or
(bb)in the case of an offence against section 170F or 291D, in relation to a permanent water saving plan of an Authority, an authorised water officer appointed by the Authority responsible for implementing the plan; or
(bc)in the case of a by-law made by an Authority under section 171(1)(ba), an authorised water officer appointed by the Authority; or".
23Non-application of conversion to some take and use licences
In clause 13(1) of Schedule 15 to the Water Act 1989, for "within the water system" substitute "within the water system that is not a licence under which—
(a)the water to be taken and used is subject to a condition that a proportion of the water so taken and used is returned to the water system; or
(b)the water is to be taken and used for a purpose prescribed for the purposes of section 51(1AA)".
24Statute law revision
(1)Section 49(1)(b) of the Water Act 1989 is repealed.
(2)Section 53(2)(d) of the Water Act 1989 is repealed.
(3)Section 59(1A) of the Water Act 1989 is repealed.
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Part 4—Amendment of Infringements Act 2006
25Amendment of infringement offence definition
In section 3(1) of the Infringements Act 2006, after paragraph (b) of the definition of infringement offence insert—
"(ba)a by-law made under section 171 of the Water Act 1989 or a by-law made under a prescribed Act; or".
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Part 5—General
26Repeal of Act
This Act is repealed on the first anniversary of its commencement.
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Endnotes
Minister's second reading speech—
Legislative Assembly: 2 May 2007
Legislative Council: 7 June 2007
The long title for the Bill for this Act was "A Bill for an Act to amend the Water Act 1989 and the Water Industry Act 1994 to make further provision for enforcement, to amend the Infringements Act 2006 to extend the operation of that Act with respect to infringement offences under by-laws and for other purposes."
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