Water Acts (Further Amendment) Act 1997 (Vic)

No judgment structure available for this case.

Water Acts (Further Amendment) Act 1997

Act No. 110/1997

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1
2. Commencement 2

PART 2—AMENDMENT OF MMBW ACT 4

3. Definition 4
4. Removal of power to levy water rates 4
5. Removal of power to levy sewerage rates 5
6. Repeal of provisions relating to rates 5
7. Metropolitan General Fund and Metropolitan Improvement Fund 6
8. New section 239DA inserted 6
239DA. Transitional provision (1997 Amendments) 7
9. Definitions 9
10. New sections 280 to 281F inserted 9

280. Power to impose fees under a tariff 9
280A. Tariff restricted to rateable properties 11
281. Setting a tariff 12

281A. Valuations 13
281B. Supplementary valuations 15

281C. Application for review 16
281D. Inspection of rate records 17
281E. Recovery of fees under tariffs 17
281F. Savings provision 18

11. Amendments consequential on section 10 19
12. Minor amendments 20

PART 3—AMENDMENT OF WATER ACT 1989 23

13. Analyst 23
14. Groundwater management 23
15. Interstate trading in water 23
16. Repeal of provisions relating to certain Authorities 24
17. Application fees 24
18. Fee for information statement 25
19. Supply of water for domestic and stock use 25

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Section Page

20. New section 226AA inserted 25
226AA. Permanent transfer of water rights interstate 25
21. New Division 1 substituted in Part 13 28
Division 1—Corporate Plans 28

247. Corporate plans 28
248. Statement of corporate intent: contents 30
249. Inspection of corporate plans 30

22. Amendments consequential on section 21 30
23. New section 253A inserted 31

253A. Payments by Treasurer in 1997/98 31

24. Tariffs 31
25. Waiver 32

PART 4—AMENDMENT OF WATER INDUSTRY ACT 1994 34

26. Definitions 34
27. Power of Governor in Council to regulate pricing 34
28. Sanitary service charge 35
29. Liability of occupier 35
30. Exemptions from charges 35
31. Concessions etc. in respect of charges 36
32. Power of Treasurer to direct MWC to make payments to
licensees 37
33. Regulations about water supply 37
34. Control over connections 37
35. New Division 1A inserted in Part 3 37
Division 1A—Drought Response Plans and Emergency
Management Plans 38

78A. Application of this Division 38
78B. Preparation and adoption of plans 38
78C. Variation of plan 39
78D. Emergency 41
78E. Major deviations from plan 41
78F. Copy of plan 42
78G. Implementation of plan 42
78H. Contravention of plan 43

36. Review of valuation equalisation factors 43
37. Taxes 44
38. General evidentiary provisions 44
39. New sections 177A to 177C inserted 46

177A. Use of analyst's certificate in prosecutions 47
177B. Authentication of documents 47
177C. Discharges into works etc. 47

40. Statute law revision 49

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Section Page

PART 5—AMENDMENT OF OTHER ACTS 50

41. Food Act 1984 50
42. Health Act 1958 50
43. Health (Fluoridation) Act 1973 51
44. New section 13 inserted in Health (Fluoridation) Act 1973 51

13. Supreme Court—limitation of jurisdiction 51
45. Consequential amendment of Melbourne Water Corporation

Act 1992 52
46.

Statute law revision 52

═══════════════

NOTES 53

iii

Victoria

No. 110 of 1997

Water Acts (Further Amendment) Act

1997†

[Assented to 23 December 1997]
The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The main purposes of this Act are—

(a)

to remove the rating powers of Melbourne Water Corporation and enable it to impose fees under a tariff for the purposes of its
drainage and floodplain management
functions;

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 2
(b) to amend the Water Act 1989 so as to—

(i)
domestic and stock users of
enable charges to be imposed on protection area;
(ii) enable permanent interstate trading in water;

(c) to amend the Water Industry Act 1994 so as to—
(i) remove certain exemptions from the payment of charges;
(ii) make new provision for the imposition of water restrictions and prohibitions in times of shortage;

(d) to recognise licensees under the Water Industry Act 1994 as water supply authorities for the purposes of the Food Act 1984, the Health Act 1958 and the Health (Fluoridation) Act 1973;
(e) to make miscellaneous other amendments to the Melbourne and Metropolitan Board of Works Act 1958, the Water Act 1989 and
the Water Industry Act 1994.

2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Sections 8 and 31 come into operation on
1 January 1998.

(3) Sections 28(3) and (4) and 30(1), (2)(a) and (3) come into operation on 1 July 1998.
(4) Subject to sub-section (5), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.

Water Acts (Further Amendment) Act 1997

s. 2	Act No. 110/1997

(5) If a provision referred to in sub-section (4) does

not come into operation before 1 January 1999, it
comes into operation on that day.

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Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 3

PART 2—AMENDMENT OF MMBW ACT

3. Definition

In this Part, "MMBW Act" means Melbourne No. 6310.
Reprint No. 8

and Metropolitan Board of Works Act 1958.

as at 17 April 1997. Further

amended by Nos 38/1997
and 45/1997.

4. Removal of power to levy water rates

(1) In the heading to Division 3 of Part II of the

MMBW Act, omit "Rates and".

(2) Sections 98, 98A, 98B, 99, 102, 103, 104 and
106A(6) of the MMBW Act are repealed.

(3) In section 106 of the MMBW Act, omit "rates
and".

(4) In section 106A(2) of the MMBW Act, for "rates

or amounts levied under this Division upon the
registered proprietor of a lot or upon" substitute
"amounts payable under this Division by the
registered proprietor of a lot or".

(5) In section 106A(3) of the MMBW Act, omit
"rates levied upon and".

(6) In section 107 of the MMBW Act—
(a) omit "rate" (wherever occurring);
(b) omit "rate,";
(c) omit "rates".

(7) In section 108 of the MMBW Act, omit "rate".
(8) In section 109(1) of the MMBW Act—

(a) omit "rate" (wherever occurring);
Water Acts (Further Amendment) Act 1997

s. 5	Act No. 110/1997

(b)

omit the expression commencing "; and neither such closing" and ending at the end of the sub-section.
(9) In sections 109(3) and 169 of the MMBW Act,
omit "rates".

(10) In the Eighth Schedule to the MMBW Act—

(a)

omit "has been rated by the Melbourne and Metropolitan Board of Works at the sum of per annum for the water rate [or";

(b)

for "said Board]" substitute "Melbourne and Metropolitan Board of Works";
(c) omit "rate" (where secondly occurring);
(d) omit "the collector of rates for".
5. Removal of power to levy sewerage rates

(1) Section 175 (except sub-section (8)) of the

MMBW Act is repealed.
(2) Section 175(8) of the MMBW Act is repealed.
(3) Sections 176 to 179 of the MMBW Act is
repealed.

(4) The heading to Division 7 of Part III of the

MMBW Act is repealed.
6. Repeal of provisions relating to rates
(1) Section 182 of the MMBW Act is repealed.
(2) In section 183 of the MMBW Act—

(a) for "either of the last two preceding sections" substitute "section 181";
(b)
for "Public Transport Corporation or Corporation".

(3) In section 184A(1)(h) of the MMBW Act, omit
"rates and".

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 7
(4) In section 186A(1) and (2) of the MMBW Act, for "rates" substitute "fees under tariffs".
(5) In section 187(1) of the MMBW Act—
(a) for "rate" substitute "fee under a tariff";
(b) omit "II, III or";

(c)

after "this Act" (where secondly occurring) insert "and of any other money received by the Board under this Act".

(6) In section 188 of the MMBW Act, for "rates
which it is authorized to make" substitute "fees
under tariffs which it is authorised to impose".

(7) In sections 197 and 198 of the MMBW Act, omit
"rates".

(8) Sections 239A, 239B and 239C of the MMBW Act are repealed.
(9) Sections 239EA, 239EAA, 239EAB and 239EB of the MMBW Act are repealed.
7. Metropolitan General Fund and Metropolitan Improvement Fund
(1) In section 185(1) of the MMBW Act, omit "rates
and other".

(2) In section 185(2)(ba) of the MMBW Act, omit
"34(1) or".

(3) In section 219(2) of the MMBW Act, paragraph (a) is repealed.
(4) In section 220 of the MMBW Act—

(a)
in sub-section (1) omit "and the Part";
(b) in sub-section (2) omit "and Rate".

8. New section 239DA inserted

Water Acts (Further Amendment) Act 1997

s. 8	Act No. 110/1997

After section 239D of the MMBW Act insert—
'239DA. Transitional provision (1997 Amendments)
(1) Rates made and levied in accordance with Part II or III in respect of the 1997—1998 financial year before the commencement of
section 8 of the Water Acts (Further after that commencement, except for the purposes of sub-section (6), as if they had been made and levied—

(a)

in respect of the period commencing on 1 July 1997 and ending on 31 December 1997; and

(b)

for an amount equal to the amount or amounts due and payable at any time before 31 December 1997 in respect of
the period referred to in paragraph (a).
(2) The Board must refund any amount of rates
to which sub-section (1) applies paid in
excess of the amount due in accordance with
that sub-section in respect of the period
commencing on 1 July 1997.

(3) Subject to sub-section (4), the repeal by
sections 4 to 7 of the Water Acts (Further this Act does not affect—

(a)

any liability to pay a rate made and levied under Part II or III before that repeal; or

(b)

any right or power relating to the remission, excusing or deferral of the obligation to pay a rate so made and levied; or

(c)

any other obligation, right or power of any person relating to the payment,

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 8
collection, recovery or receipt of any
rate so made and levied—
and any such liability, right, power or
obligation continues and may be enforced or
exercised as if that provision had not been
repealed.
(4) Section 239EA has effect in relation to the

water rate or the Metropolitan General Rate
made and levied in respect of the 1997—
1998 financial year as if in sub-section (4)(a)
of that section a reference to $33.75 were
substituted for any reference to $67.50 or
$67.50 per annum.

(5) The provisions of sub-section (3) are in
addition to, and not in derogation from, the
provisions of the Interpretation of
Legislation Act 1984.
(6) If under its licence a retail licensee
determines the amount of a usage charge in respect of water supplied before 1 January 1998 by reference to the amount of a rate
made and levied under Part II in respect of
the 1997—1998 financial year, then for this
purpose the amount of that rate must be
taken to be the amount that bears the same
proportion to the amount for which that rate
was made and levied in respect of that whole
financial year as the water allowance period
bears to that whole financial year.
(7) In sub-section (6)—
"licence" and "usage charge" have the

same meaning as in the Water
Industry Act 1994;

"water allowance period", in relation to a property, means the period

Water Acts (Further Amendment) Act 1997

s. 9	Act No. 110/1997
commencing on the day on which the usage charge relating to that property was first imposed by reference to the amount of the rate made and levied
under Part II in respect of the 1997— 1998 financial year and ending on 31 December 1997.'.

9. Definitions
(1) In section 259(1) of the MMBW Act, in the definition of "bed" and "banks", after "over which" insert "water".
(2) In section 259(1) of the MMBW Act, after the
definition of "river improvement works" insert— ' "tariff" means a scale of charges by reference to
which a fee is imposed by the Board on the
owner of a property for works or services
provided by the Board under this Part or, as a
delegate of the Minister, under Division 4 of
Part 10 of the Water Act 1989;'.

10. New sections 280 to 281F inserted
For sections 280, 281 and 281A of the MMBW
Act substitute—

"280. Power to impose fees under a tariff
(1) The Board may impose fees under a tariff for the purposes of this Part and of the exercise by the Board of any functions and powers as a delegate of the Minister under Division 4
of Part 10 of the Water Act 1989.
(2) A fee imposed under a tariff on a property
may be—
(a) a fixed amount; or
(b) an amount fixed according to—

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Act No. 110/1997 s. 10
(i) the net annual value of the property; or

(ii) the site value of the property; or
(iii) the capital improved value of the property; or

(iv) the size of the property; or (v) the use of the property; or
(vi) how the use or development of the property is controlled under a planning scheme; or
(vii) the extent of use of or benefit from works or services provided by the Board; or

(c) any combination of amounts referred to in paragraphs (a) and (b).
(3) The Board in imposing fees under a tariff

(other than fees of a fixed amount) may, by
resolution of the Board of Directors, fix a
minimum amount or a zero amount in
respect of any property or class of property.

(4) The Board may, by resolution of the Board of Directors, fix different fees payable for different properties or for different periods on the basis of any criteria specified in the resolution.
(5) A resolution under sub-section (3) or (4) has no effect until the day on which notice of the making of the resolution is published in a
newspaper circulating generally in the area
concerned.
(6) The Board may, in respect of a property that

becomes liable during a financial year to a
fee imposed under a tariff, impose a
proportion of the fee for that part of the year

Water Acts (Further Amendment) Act 1997

s. 10

Act No. 110/1997

during which the property is liable to a fee
under the tariff.
(7) The Board may, in respect of a property,

separately impose fees under a tariff in
respect of each separate occupancy on that
property.

(8) In determining what constitutes a separate
occupancy, the Board must use the relevant principles set out in the Valuation of Land Act 1960.
280A. Tariff restricted to rateable properties
(1) A tariff may only be set in relation to rateable properties.
(2) For the purposes of this section lands and

tenements vested in or owned by a declared
public statutory authority (within the
meaning of sub-section (3)) that are not used
exclusively as public open space or as a park
are rateable property even if they are not
rateable within the meaning of the Local
Government Act 1989.

(3) The Governor in Council, by Order
published in the Government Gazette, may
declare a public statutory authority
constituted under the laws of Victoria to be a
declared public statutory authority for the
purposes of this section and section 239.
(4) Despite anything to the contrary in section 281A or in any other provision of this Act, the Treasurer, after consultation with the
Minister responsible for a declared public statutory authority, may give his or her approval to the Board levying an amount in lieu of a fee under a tariff in respect of a financial year on lands and tenements vested

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Act No. 110/1997 s. 10
in or owned by the authority that, by virtue
of sub-section (2), are rateable property.
(5) The amount to be levied in lieu of a fee
under a tariff in accordance with sub-section
(4) is the amount agreed between the
authority and the Board or, in the absence of
agreement, determined by the Treasurer.
(6) An approval may only be given by the Treasurer under sub-section (4) on the application of the Board.
281. Setting a tariff
(1) The Board must set a tariff by resolution. (2) A resolution under sub-section (1) has no
effect until the day on which notice of the making of the resolution is published in a newspaper circulating generally in the area
concerned.
(3) The Board must specify in the notice under sub-section (2)—
(a) the area to which the tariff applies; and

(b) the method of calculating fees imposed under the tariff; and
(c) the period for which the tariff is set. (4) The Minister may require the Board to
consult with a community-based committee
appointed by it before setting a tariff in
respect of any area.
(5) The following provisions apply with respect to the membership of a committee appointed under sub-section (4)—

(a)

at least one half of the membership must consist of persons who are owners

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s. 10	Act No. 110/1997
or occupiers of rateable properties in the area;

(b) the Board must invite any council whose municipal district is wholly or partly within the area to be represented on the committee;
(c)
statutory body, government department
the Minister may direct that a public or non-government) be invited to be represented on the committee.

(6) Subject to this section, section 16 of the
Melbourne Water Corporation Act 1992
applies to a committee appointed under sub-
section (4).
281A. Valuations
(1) If the Board sets a tariff by reference to the

net annual value, site value or capital
improved value of a rateable property, it
must do so by reference to that value of the
rateable property as at 30 June 1990 levels of
value as determined for the purposes of the
Local Government Act 1989.

(2) The net annual value, site value or capital

improved value of a rateable property as at
the levels of value referred to in sub-section
(1) shall be determined as follows—

(a)

if the valuation of that property in force for the purposes of the Local Government Act 1989 immediately before the commencement of section 10 of the Water Acts (Further Amendment) Act 1997 is at 30 June 1990 levels of value—the value is,

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Act No. 110/1997 s. 10
subject to paragraph (d), the value as
shown in that valuation;

(b)
for the purposes of the Local
Government Act 1989 immediately
before that commencement is at levels
of value as at a date before 30 June
1990 or at levels of value as at a date
after 30 June 1990 but at no time before
that later date was there in force for the
purposes of that Act a valuation of that
property at 30 June 1990 levels of
value—the value is, subject to
paragraph (d), the value as shown in the
valuation then in force multiplied by
the valuation equalization factor
if the valuation of that property in force property is situated;

(c)

if the valuation of that property in force for the purposes of the Local Government Act 1989 immediately before that commencement is at levels of value as at a date after 30 June 1990 but at any time before then the valuation of that property in force for the purposes of that Act was at 30 June 1990 levels of value—the value is, subject to paragraph (d), the value as shown in the valuation at 30 June 1990 levels of value;

(d)

if subsequent to that commencement that property is valued for the purposes of a supplementary valuation made for the purposes of this Act or the Local Government Act 1989—the value is the value as shown in the most recent such supplementary valuation or, if that

Water Acts (Further Amendment) Act 1997

s. 10	Act No. 110/1997
supplementary valuation is not at 30 June 1990 levels of value, that value multiplied by the valuation equalization
factor applying to the area in which that property is situated.

(3) A reference in sub-section (2) to a valuation
which a property is situated is a reference to
a factor determined by the Valuer-General
and published in the Government Gazette
being a factor by which, in the opinion of the

equalization factor applying to the area in value or capital improved value (as the case requires) of rateable properties within that area determined as at a particular date ought to be multiplied if the value of those properties is to accord with levels of value generally prevailing in that area as at 30 June 1990.
281B. Supplementary valuations
(1) The Board may alter the amount of a fee

imposed under a tariff in respect of a
property if a supplementary valuation of the
property is made in accordance with section
13DF of the Valuation of Land Act 1960.

(2) The Board may request a municipal council to arrange for a supplementary valuation to be made at the Board's expense.
(3) The Valuation of Land Act 1960 applies,

with any necessary modifications, to a
supplementary valuation made at the request
of the Board as if it were a supplementary
valuation made in accordance with section
13DF of that Act.

(4) If a supplementary valuation is made because of an event that happens during a

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Act No. 110/1997 s. 10
financial year, a proportion of the amount of the fee imposed under the tariff, as altered, is payable for the part of the financial year after the supplementary valuation, and a
proportion of the original amount of the fee
imposed under the tariff is payable for the
part of the financial year before the
supplementary valuation.
281C. Application for review
(1) A person who is aggrieved by the setting of a tariff, or the imposing of a fee under a tariff, by the Board may, within 1 month after
receipt of the demand for payment, object in writing to the Board on any of the following grounds—

(a)

that the property is not rateable property;

(b)

that the person is not liable for the tariff;

(c)

that the tariff was not set in accordance with an Order under section 21A(1) of the Water Industry Act 1994;

(d)

that the fee imposed by the Board is not a correct application of the tariff as set.
(2) The Board must, within 2 months after
receipt of an objection from a person, notify
the person of its decision on the objection.
(3) If the Board has not notified the person of its decision within 2 months after the objection was made, the Board must be taken to have notified the person of its decision to overrule
the objection at the expiry of the 2 month
period.
(4) A person may apply to the Administrative
Appeals Tribunal for review of the Board's

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s. 10

Act No. 110/1997

decision on the objection on any of the
grounds specified in sub-section (1).
(5) An objection does not prevent the recovery of any fee or interest due under a tariff.
(6) If a tariff is quashed by the Administrative

Appeals Tribunal under this section, the
Board may—

(a)

set a new tariff for the particular year, even if the year has ended; and

(b)

retain any amount paid to it by a person in respect of that tariff on account of any amount payable by that person in respect of the next effective tariff set.
281D. Inspection of rate records
(1) A person authorised by the Board may, at
any reasonable time and without charge, inspect, and take a copy of an entry in or make an extract from, any valuation or rate
records of any council the municipal district
of which is wholly or partly within the
metropolis.
(2) A person having custody of the valuation or

rate records of a council must not, when
required to do so by an authorised person
exercising a power under sub-section (1), fail
to produce those records for inspection or
fail to allow the authorised person to take a
copy of or make an extract from those
records.
Penalty: 1 penalty unit.

281E. Recovery of fees under tariffs

(1) Fees imposed under a tariff are payable by,

and recoverable from, the owner for the time
being of the property.

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Act No. 110/1997 s. 10
(2) A fee imposed under a tariff is due and must be paid by the date specified in a notice issued by the Board requiring payment, being a date at least 14 days after the date of
issue of the notice.
(3) Any amount due to the Board under a tariff is a debt due to the Board by the owner for the time being of the property.
(4) In any proceeding for the recovery of a fee

imposed under a tariff, a certificate under the
official seal of the Board purporting to state
the amount due in respect of a property is
admissible in evidence and, in the absence of
evidence to the contrary, is proof of the
matters stated in the certificate without any
evidence that the requirements of this Part
have been complied with.

(5) In any proceeding for the recovery of a fee
imposed under a tariff, a copy of an entry in, or extract from, the valuation or rate records of a council verified by the statutory
declaration of the person who took that copy
or made that extract is admissible in
evidence and, in the absence of evidence to
the contrary, is proof of the ownership and
valuation of the property to which the entry
or extract refers.
281F. Savings provision
(1) The repeal by section 10 of the Water Acts

(Further Amendment) Act 1997 of sections
280, 281 and 281A of this Act, as in force
immediately before that repeal, does not
affect—

(a)

any liability to pay a rate made and levied under this Part before that repeal

Water Acts (Further Amendment) Act 1997

s. 11	Act No. 110/1997
or to pay interest on any rate so made and levied; or

(b)

any right or power relating to the remission, excusing or deferral of the obligation to pay a rate so made and levied; or

(c)

any other obligation, right or power of any person relating to the payment, collection, recovery or receipt of any rate so made and levied—
and any such liability, right, power or
obligation continues and may be enforced or
exercised as if those sections had not been
repealed.
(2) The provisions of sub-section (1) are in
addition to, and not in derogation from, the
provisions of the Interpretation of
Legislation Act 1984.".
11. Amendments consequential on section 10
(1) In section 3(5)(a)(iii) of the MMBW Act, for

(2) In section 239 of the MMBW Act— "make and levy the Metropolitan Drainage and under a tariff set under Part X".
(a) after "rates" insert "tariffs";
(b) for "239A(1B)" substitute "280A(3)".
(3) In section 239D of the MMBW Act, for "rates" (where twice occurring) substitute "fees under tariffs,".
(4) In section 239E of the MMBW Act, for "rate" (wherever occurring) substitute "fee under a tariff".

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Act No. 110/1997 s. 12
(5) In section 239F(1), (4) and (5) of the MMBW Act,

for "rates" (wherever occurring) substitute "fees
under tariffs".

(6) In section 248B of the MMBW Act, for "rates"
substitute "fees under tariffs,".

(7) In section 257F(1)(a) of the MMBW Act, for
"rated in respect of any rateable property to any
rate made" substitute "liable to pay a fee imposed
under a tariff set in relation to a property".

12. Minor amendments
(1) In section 147 of the MMBW Act—

(a) for "the Port of Melbourne Authority" (where first occurring) substitute "a local authority within the meaning of the Marine Act 1988";
(b) omit "as defined by the Port of Melbourne Authority Act 1958";
(c)
the Victorian Channels Authority (as the
case requires)" substitute "the local
for "Port of Melbourne Authority before or Authority (as the case requires) before";

(d)

for "the said Authority" substitute "the local authority or the Victorian Channels Authority".

(2) Section 148 of the MMBW Act is repealed.
(3) In the definition of "public corporation" in section
259(1) of the MMBW Act, omit ", the Port of
Melbourne Authority,".

(4) In section 263(5) of the MMBW Act, omit "or Port of Melbourne Authority".
(5) In section 276(6) of the MMBW Act—

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Act No. 110/1997

(a)

for "Port of Melbourne Authority" substitute "Victorian Channels Authority";

(b)

for paragraph (b) substitute— "(b) for any reference to payment into the
Metropolitan General Fund there were
substituted a reference to payment to
the said Authority.".
(6) In section 279(3) of the MMBW Act, omit "or the Port of Melbourne Authority".
(7) In section 289(1A) of the MMBW Act, for "Port

of Melbourne Authority" (wherever occurring)
substitute "Victorian Channels Authority".

(8) In section 289(1B) of the MMBW Act, for "(2)"
substitute "(1A)".

(9) In section 289(1D) of the MMBW Act—

(a)
for "Port of Melbourne Authority" the Victorian Channels Authority";

(b)

in paragraphs (a) and (b) after "the Board" insert ", the Corporation".
(10) Section 289(1E) of the MMBW Act is repealed.
(11) In the Third Schedule to the MMBW Act, for
paragraph (d) substitute—
"(d) All lands which are vested in, or purchased
or acquired by, or under the management of,
the Melbourne Port Corporation under the
Port Services Act 1995.".

(12) In the Twelfth Schedule to the MMBW Act, for

"situate in any area vested in or under the
management and control of the Port of Melbourne
Authority or the Victorian Channels Authority"
substitute "within port waters of the port of
Melbourne under the Port Services Act 1995 or

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Act No. 110/1997 s. 12
waters under the control of a local authority
within the meaning of the Marine Act 1988".

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Water Acts (Further Amendment) Act 1997

s. 13

Act No. 110/1997

PART 3—AMENDMENT OF WATER ACT 1989

No. 80/1989.	13. Analyst
Reprint No. 3
as at 28 July

1997. In the definition of "analyst" in section 3(1) of the Water Act 1989, for "under the regulations to carry out analyses" substitute "by an Authority to carry out analyses on behalf of the Authority".
14. Groundwater management
In section 30(2) of the Water Act 1989, after
paragraph (a) insert—
"(ab) conditions relating to payment for the
amount of groundwater taken and used from any specified bore or group of bores under a right conferred by section 8(1); or
(ac) requirements to notify the Authority that has the duty of administering and enforcing the plan of the taking of groundwater from any specified bore or group of bores under a right

conferred by section 8(1); or".

15. Interstate trading in water
(1) In section 62(2A) of the Water Act 1989, for
"temporary" substitute "permanent or
temporary".

(2) In section 64F(1)(c) of the Water Act 1989, for "or 226" substitute ", 226 or 226AA".
(3) In section 64G of the Water Act 1989—
(a) after "47D" insert ", 62";
(b) for "or 226" substitute ", 226 or 226AA".

(4) In section 224B(1)(a) and (b) of the Water Act 1989, after "224A" insert "or 226AA".
(5) In section 228 of the Water Act 1989—
(a) for "and 227" substitute ", 226AA and 227";

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 16

(b)

in paragraphs (a) and (b), after "section 226" insert "or 226AA".

16. Repeal of provisions relating to certain Authorities

(1) Section 98(6) of the Water Act 1989 is repealed. (2) Section 116 of, and Schedule 4 to, the Water Act
1989 are repealed.

(3) Section 119(3) of the Water Act 1989 is

repealed.
(4) In section 119(4) of the Water Act 1989 omit "or Schedule 10".
(5) Section 120 of, and Schedule 8 to, the Water Act 1989 are repealed.
(6) Section 122 of, and Schedule 10 to, the Water Act 1989 are repealed.

17. Application fees
(1) In section 51(2)(c) of the Water Act 1989, for
"prescribed application fee" substitute "application fee fixed by the Minister".

(2) In section 52(2)(c) of the Water Act 1989, for
"prescribed application fee" substitute "application fee fixed by the Minister".

(3) In section 58(2)(c) of the Water Act 1989, for
"prescribed application fee" substitute "application fee fixed by the Minister".

(4) In section 62(4)(c) of the Water Act 1989, for
"prescribed application fee" substitute "application fee fixed by the Minister".

(5) In section 67(2)(c)(i) of the Water Act 1989, for
"prescribed application fee" substitute "application fee fixed by the Minister".

Water Acts (Further Amendment) Act 1997

s. 18

Act No. 110/1997

(6) In section 72(2)(c) of the Water Act 1989, for
"prescribed application fee" substitute "application fee fixed by the Minister".

(7) In section 74(4)(c) of the Water Act 1989, for
"prescribed application fee" substitute "application fee fixed by the Minister".

(8) In section 76(2)(c) of the Water Act 1989, for
"prescribed application fee" substitute "application fee fixed by the Minister".

18. Fee for information statement
In section 158(2)(c) of the Water Act 1989, for
"prescribed fee" substitute "fee fixed by the
Authority for applications under this section".

19. Supply of water for domestic and stock use
In section 222 of the Water Act 1989, after sub-
section (3) insert—
"(4) Nothing in this Act entitles the owner or
occupier of a holding in an irrigation district
of an Authority to the supply of water for
domestic and stock use other than during an
irrigation period.".

20. New section 226AA inserted
After section 226 of the Water Act 1989 insert—

"226AA. Permanent transfer of water rights

interstate
(1) Subject to this section, the owner of a
holding within a prescribed irrigation district may, in accordance with this section and the regulations made under section 228,
permanently transfer to the owner or occupier of any land outside Victoria (including the transferor as the owner or
occupier of any other land) any water rights
that are attached to the holding.

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 20
(2) A transfer under this section may only be
made—

(a) with the approval of the Authority in whose district the holding of the transferor is located; and
(b) with the consent of each person who has a prescribed interest in the holding of the transferor.
(3) A person who proposes to transfer water rights under this section must, at least 28 days before applying under sub-section (4),
cause notice of the proposed application to
be published in a newspaper circulating
generally in the area concerned.
(4) An application to the Authority in whose

district the holding of the proposed transferor
is located for approval of a transfer must be
in the prescribed form and accompanied
by—

(a)

a copy of the written consent to the transfer of each person who has a prescribed interest in the holding of the proposed transferor; and
(b) a copy of—
(i) in the case of land under the Transfer of Land Act 1958, the Crown grant or certificate of title; or

(ii) in any other case—
(A) the last conveyance in the
chain of title to the land; or
(B) any other document that
gives evidence of the

Water Acts (Further Amendment) Act 1997

s. 20

Act No. 110/1997

proposed transferor's title to
the land; and

(c) a copy of the notice published under sub-section (3); and
(d) a statutory declaration made by the proposed transferor setting out the names and addresses of each person
known by the proposed transferor to
have a prescribed interest in the
holding; and
(e) the fee fixed by the Authority for such applications.
(5) An Authority must not approve a transfer under this section unless it is satisfied that each person whom it knows, or ought to
have known, to have a prescribed interest in
the holding has consented to the transfer.
(6) In determining whether to give approval, an
Authority must have regard to guidelines determined by the Minister under section 224B.
(7) A transfer of water rights under this section made for valuable consideration and in good faith to a person who, at the time of the
transfer, did not have notice of the prescribed
interest of a person in the holding is not
liable to be set aside on the ground that the
holder of that prescribed interest had not
consented to the transfer.
(8) A transfer takes effect subject to the
prescribed terms and conditions and to any
other terms and conditions of which notice is
given to the parties by the Authority when
the transfer is approved.

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 21
(9) Subject to this Act, the Authority that has the

irrigation district referred to in sub-section
(1) must arrange for the supply to the land of
the transferee of any volume of water which
would, if the transfer had not been approved,
have been supplied to the holding of the
transferor.

(10) A transfer under this section detaches the

water rights that are the subject of the
transfer from the holding of the transferor.

(11) A person may apply to the Administrative
Appeals Tribunal for review of a decision by an Authority to refuse to approve a transfer under this section.".
21. New Division 1 substituted in Part 13
For Division 1 of Part 13 of the Water Act 1989 substitute—
"Division 1—Corporate Plans

247. Corporate plans
(1) An Authority must prepare a corporate plan and submit it to the Minister—

(a) on or before the date specified by the Minister; or
(b) if no such date is specified, at least 2 months before it intends to implement the plan or any part of it.
(2) A corporate plan must be in or to the effect

of a form approved by the Minister and must
include—

(a) a statement of corporate intent in accordance with section 248;

Water Acts (Further Amendment) Act 1997

s. 21

Act No. 110/1997

(b)
a business plan and financial statements Minister requires;

(c)

a pricing proposal containing the information that the Minister requires.

(3) An Authority may implement a corporate
plan 2 months (or any shorter time allowed by the Minister) after its submission to the Minister, unless the Minister, within that
time, directs in writing any variations that
the Minister thinks fit to be made in any
corporate plan submitted in accordance with
this section.

(4) The Minister must publish in the

Government Gazette any direction made
under sub-section (3).
(5) The Minister must not give a direction under

sub-section (3) without first having
consulted the Authority about the direction.

(6) An Authority must not make a major
deviation from its corporate plan unless it has, at least 2 months (or any shorter time allowed by the Minister) before it intends to
make the deviation, submitted to the
Minister details of the proposed deviation.
(7) The Minister may issue guidelines as to what are major deviations for the purposes of sub- section (6).
(8) The corporate plan of an Authority at any

time is that plan as varied under sub-section
(3), or as revised by any deviation under sub-
section (6), at that time.

(9) Despite any other provision, an Authority must not set tariffs and other charges

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 22
otherwise than in accordance with its
corporate plan.
248. Statement of corporate intent: contents Each statement of corporate intent must specify for the Authority, in respect of the

financial year to which it relates and each of the 4 following financial years, the following information—

(a)

the business objectives of the Authority;

(b)

the main business undertakings of the Authority;

(c)

the nature and scope of the activities to be undertaken by the Authority;

(d)

the performance targets and other measures by which the Authority may be judged in relation to its business objectives;

(e)

the kind of information to be provided to the Minister by the Authority during the course of those financial years;

(f)

any other matters that may be agreed on by the Minister and the Authority from time to time.

249.
Inspection of corporate plans date copy of its corporate plan is available at its office during its business hours for inspection on request.".

22. Amendments consequential on section 21

(1) In section 1(l) of the Water Act 1989, for
"business" substitute "corporate".
Water Acts (Further Amendment) Act 1997

s. 23

Act No. 110/1997

(2) In section 266(1)(c) of the Water Act 1989, for "business" substitute "corporate".
23. New section 253A inserted
In Division 3 of Part 13 of the Water Act 1989, after section 253 insert—

"253A. Payments by Treasurer in 1997/98

(1) The Treasurer may, during the financial year
commencing on 1 July 1997, pay out of the extent appropriated accordingly) to an Authority that has a water supply district and a sewerage district an amount determined by the Treasurer in respect of that Authority.
(2) The aggregate amount that may be paid to Authorities under sub-section (1) shall not exceed the sum of $410 000 000.".
24. Tariffs
(1) In section 258 of the Water Act 1989, after sub- section (1) insert—
"(1A) A tariff that is not based on the valuation of a
property may only be set in relation to land that is not rateable under section 154 of the Local Government Act 1989 and that is
within a water district or a sewerage district
of an Authority if the land is connected to
the Authority's works.".

(2) In section 259(1) of the Water Act 1989, at the end of paragraph (c) insert—
"; and

(d)

a tariff on any properties for the purposes of a management plan for a groundwater supply protection area.".

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 25
25. Waiver
(1) In section 283 of the Water Act 1989, after sub- section (3A) insert—
"(3B) The Minister after consultation with the
Treasurer may, by Order published in the Government Gazette, make provision for or with respect to specifying circumstances in which, the manner in which and the extent to which an Authority that has a water supply district or a sewerage district must waive all or part of any amount due to it.
(3C) An Authority must, on the application in the form approved by the Authority of a person entitled by an Order under sub-section (3B) to so apply, in accordance with that Order,
waive all or part of any amount due to it.
(3D) An Order under sub-section (3B) must not be inconsistent with any regulations made for or with respect to waivers under sub-section
(3).".

(2) In section 283(4)(a) of the Water Act 1989, for "or (3)" substitute ", (3) or (3C)".
(3) In section 284 of the Water Act 1989, for sub-

section (1) substitute—
"(1) The Minister must ensure that an Authority

is reimbursed by the State any amount
waived by the Authority in accordance with
section 283(3) or (3C).".

(4) In section 284(2) of the Water Act 1989—

(a)

omit "that requests a payment under this section";

(b)

for "Treasurer requires" substitute "Minister or the Treasurer may require for the purposes of sub-section (1)".

Water Acts (Further Amendment) Act 1997

s. 25

Act No. 110/1997

(5) In section 306(1)(b) of the Water Act 1989, after "80" insert ", 283(3B)".

_______________
Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 26

PART 4—AMENDMENT OF WATER INDUSTRY ACT 1994

26. Definitions

In section 3(1) of the Water Industry Act 1994,

No. 121/1994. Reprint No. 2
before the definition of "authorised person" as at 1 August
insert— 1997.

' "analyst" means a person approved by a
licensee to carry out analyses on behalf of
the licensee for the purposes of this Act and
the Water Act 1989;'.

27. Power of Governor in Council to regulate pricing
(1) In section 21A(1) of the Water Industry Act
1994, for paragraph (d) substitute—
"(d) the setting of any tariff by Melbourne Water
Corporation under the MMBW Act.".

(2) In section 21A(2) of the Water Industry Act

1994, after paragraph (c) insert—
"(ca) fixing a zero amount of fees or charges in

relation to a specified service or thing
supplied or provided to a specified class of
property;
(cb) specifying a formula (by reference to the amount of water supplied to the property during any period or any other specified factor) according to which the amount of sewage disposal charge payable in respect of
a property of a specified class may be
calculated;".
(3) In section 21A(3)(c)(i) of the Water Industry
Act 1994, after "date" insert ", or in the circumstances,".

Water Acts (Further Amendment) Act 1997

s. 28

Act No. 110/1997

28. Sanitary service charge
(1) In section 22(1) of the Water Industry Act 1994,

in column 3 of the item in the Table relating to a
sanitary service charge, after "that Act" insert
"and that is exempt from a sewage disposal
charge".

(2) In section 22 of the Water Industry Act 1994,

after sub-section (3B) insert—
"(4) A licensee must refund or credit to the

customer an amount equal to any amount of
sanitary service charge paid in respect of a
period during which the property is exempt
from such a charge by reason of it not being
exempt from a sewage disposal charge
during that period.".
(3) In section 22(1) of the Water Industry Act 1994, the items in the Table relating to a sanitary service charge are repealed.
(4) Sections 22(3B) and 25(3) and (4) of the Water Industry Act 1994 are repealed.

29. Liability of occupier
In section 23(1)(a) of the Water Industry Act 1994, for the expression beginning "a tenancy agreement" and ending "applies (whether wholly
or partly)" substitute "an agreement or lease".

30. Exemptions from charges
(1) Section 25(1) of the Water Industry Act 1994 is
repealed.

(2) In section 25(2) of the Water Industry Act

1994—
(a) paragraph (a) is repealed; (b) paragraph (b) is repealed; (c) in paragraph (c)—

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 31
(i) after "1989" insert "or Part X of the MMBW Act";
(ii) after "payable" insert ", being a fee imposed for the provision of a service of the same kind as that to which the service charge relates";

(d)

in paragraph (d), for sub-paragraphs (i) and (ii) substitute "the licensee otherwise than in accordance with this Division".
(3) Section 25(2A) of the Water Industry Act 1994
is repealed.

31. Concessions etc. in respect of charges
(1) In section 26(1) of the Water Industry Act 1994,

for "Regulations may be made under this Act"
substitute "The Minister after consultation with
the Treasurer may, by Order published in the
Government Gazette, make provision".

(2) In section 26(2) of the Water Industry Act
1994—

(a) for "prescribed form" substitute "form approved by the licensee";
(b) for "the regulations" (where first occurring) substitute "an Order under sub-section (1)";
(c) for "the regulations" (where secondly occurring) substitute "that Order".

(3) In section 26 of the Water Industry Act 1994,

after sub-section (2) insert—
"(3) A person must not—

(a)

give false or misleading information to a licensee in or in relation to an application under sub-section (2); or

Water Acts (Further Amendment) Act 1997

s. 32

Act No. 110/1997

(b)

fail to advise a licensee of any change in circumstances which is material to the application.

Penalty: 10 penalty units.

(4) The Minister must ensure that a licensee is

reimbursed by the State any amount remitted
or excused by the licensee in accordance
with an Order under sub-section (1).

(5) A licensee must provide any information that the Minister or the Treasurer may require for the purposes of sub-section (4).".
32. Power of Treasurer to direct MWC to make payments to licensees
Section 34 of the Water Industry Act 1994 is repealed.

33. Regulations about water supply
In section 51 of the Water Industry Act 1994, paragraphs (a) and (b) are repealed.

34. Control over connections
In section 63 of the Water Industry Act 1994, after sub-section (4) insert—

"(4A) Terms and conditions subject to which the
licensee agrees to permit a connection to its works are binding on the successors in title of the person who served the notice under
sub-section (2).".

35. New Division 1A inserted in Part 3
In Part 3 of the Water Industry Act 1994, after
Division 1 insert—

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 35
"Division 1A—Drought Response Plans and
Emergency Management Plans

78A. Application of this Division

This Division applies to a licensee who is the holder of a water licence or a water and sewerage licence.

78B. Preparation and adoption of plans

(1) A licensee must prepare a drought response

plan and an emergency management plan
and submit any such plan to the Minister for
approval on or before the date specified by
the Minister.

(2) In preparing a plan, a licensee must have regard to any written guidelines issued by the Minister and served on the licensee
concerning the form of, and the information
to be contained in, such a plan.
(3) Without limiting sub-section (2), a plan must contain a Schedule setting out—

(a)

restrictions or prohibitions on the use of water; or

(b)

restrictions or prohibitions on the use of water in 2 or more stages of varying severity capable of being separately implemented—
in any area, or a specified part of any area, in
respect of which the licensee has the
function of providing a water supply system.
(4) Without limiting sub-section (3), a restriction may require a use of water to be approved by a specified person or a specified class of
person.

Water Acts (Further Amendment) Act 1997

s. 35

Act No. 110/1997

(5) Before submitting a plan to the Minister

under sub-section (1), a licensee must ensure
that a notice in accordance with sub-section
(6) is published in a newspaper circulating
generally in any area capable of being
affected by the plan.

(6) A notice must—

(a) summarise the restrictions and
prohibitions proposed by the plan;
(b) specify where a copy of the proposed plan can be obtained;
(c) invite public comments or submissions within such time (being not less than 28 days from the publication of the notice) as is specified in the notice.
(7) A licensee must ensure that all comments and submissions received before the date specified in the notice are considered, and any variations to the proposed plan that the
licensee thinks fit are made, before the
proposed plan is submitted to the Minister
under sub-section (1).
(8) A licensee must adopt a plan as approved by the Minister under sub-section (1).
78C. Variation of plan
(1) A licensee may at any time, in accordance

with this section, make any variations to an
adopted drought response plan or emergency
management plan that it thinks fit.

(2) Before making any variation to an adopted plan, a licensee must submit the proposed variation to the Minister for approval.
(3) The Minister may at any time, by notice served on the licensee, require a licensee to

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 35
review a drought response plan or
emergency management plan and submit a
revised plan to the Minister for approval on
or before the date specified by the Minister.
(4) Except with the approval of the Minister, before submitting a proposed variation or revised plan to the Minister under sub-
section (2) or (3), a licensee must ensure that a notice in accordance with sub-section (5) is published in a newspaper circulating
generally in any area capable of being
affected by the proposed variation or the
revised plan.
(5) A notice must—

(a) summarise the proposed variation or revised plan;
(b) specify where a copy of the proposed variation or revised plan can be obtained;
(c) invite public comments or submissions within such time (being not less than 28 days from the publication of the notice) as is specified in the notice.
(6) A licensee must ensure that all comments and submissions received before the date specified in the notice are considered, and any changes to the proposed variation or
variations to the proposed revised plan that the licensee thinks fit are made, before the proposed variation or revised plan is
submitted to the Minister under sub-section
(2) or (3).
(7) A licensee must vary a drought response
plan or emergency management plan, or
adopt a revised drought response plan or

Water Acts (Further Amendment) Act 1997

s. 35

Act No. 110/1997

emergency management plan, as approved
by the Minister under sub-section (2) or (3).
78D. Emergency
(1) The Governor in Council may, on the

recommendation of the Minister, by Order
published in the Government Gazette—

(a) require a licensee to take a specified action in relation to a specified area during a specified period or in specified
circumstances;

(b)
vary a drought response plan or licensee.

(2) The Minister must not recommend to the
Governor in Council the making of an Order under sub-section (1) unless he or she is satisfied that an emergency or water shortage exists in the area to which the Order is to apply and that the making of the Order is necessary to deal with that emergency or water shortage.
(3) An Order under sub-section (1) has effect

despite anything to the contrary in a drought
response plan or emergency management
plan.

78E. Major deviations from plan

(1) Except to the extent required by an Order under section 78D(1), a licensee must not make a major deviation from a drought
response plan or emergency management
plan.
(2) The Minister may issue guidelines as to what are major deviations for the purposes of sub- section (1).

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 35
78F. Copy of plan
(1) The drought response plan or emergency
management plan of a licensee at any time is that plan adopted in accordance with section 78B as varied under section 78C or by an
Order under section 78D(1) at that time.
(2) A licensee must ensure that an up to date
copy of its drought response plan and
emergency management plan is available at
its offices during business hours for
inspection on request.
78G. Implementation of plan

(1) A licensee may implement—

(a) a drought response plan or emergency management plan at any time after it has been adopted by the licensee in accordance with section 78B;
(b)
response plan or emergency
a variation to an adopted drought with section 78C.

(2) Implementation involving the imposition or

removal of restrictions or prohibitions, or the
substitution of a different stage of
restrictions or prohibitions, on the use of
water in an area may be effected by the
licensee publishing a notice in a newspaper
circulating generally in the area specifying—

(a)

the restrictions and prohibitions imposed or being substituted or removed; and

(b)

the area to which they apply or applied; and

Water Acts (Further Amendment) Act 1997

s. 36

Act No. 110/1997

(c) the time from which they apply or cease to apply, not being earlier than the day of publication of the notice.
(3) A person cannot be convicted of an offence

against section 78H in respect of a
contravention of a restriction or prohibition
on the use of water contained in a drought
response plan or emergency management
plan if prior to the relevant time notice of the
particular restriction or prohibition had not
been published in accordance with sub-
section (2).

78H. Contravention of plan
A person who receives a supply of water
from a licensee must not, after receiving a
warning notice from the licensee, contravene a restriction or prohibition on the use of that water contained in a drought response plan
or emergency management plan of the
licensee.

Penalty: For a first offence, 20 penalty
units or imprisonment for 3
months;
For a subsequent offence, 40
penalty units or imprisonment for
6 months;
For a continuing offence, an
additional penalty of 5 penalty
units for each day on which the
offence continues after service of
a notice of contravention on the
person under section 69.".

36. Review of valuation equalisation factors
In section 139 of the Water Industry Act 1994, after sub-section (3C) insert—

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 37
"(3CA) Nothing in section 266(6) of the Water Act

1989 applies to the calculation or application
of a valuation equalisation factor under this
section.".

37. Taxes
At the end of section 165 of the Water Industry
Act 1994 insert—
"(2) No stamp duty or other tax is chargeable
under any Act in respect of any transaction entered into or instrument made, executed, lodged or given for the purpose of, or
connected with, the transfer otherwise than property arising out of a subdivision of property of Melbourne Water Corporation or of former Melbourne Water property.".
under this Part to Melbourne Water
Corporation, Melbourne Parks and

38. General evidentiary provisions
In section 177 of the Water Industry Act 1994,
after sub-section (3) insert—
"(4) In any proceeding under this Act or the
regulations until evidence is given to the
contrary proof is not required as to any of the
following—
(a) the issue of a licence to a licensee;

(b)

the due appointment of the directors of a licensee;

(c)

the employment of any person by a licensee;

(d)

the authorisation of a person by a licensee to do any act or for any particular purpose;

Water Acts (Further Amendment) Act 1997

s. 38

Act No. 110/1997

(e) the size, location or boundaries of any area for which a licence is issued to a licensee;
(f) the fact that a particular property is located within a particular area;
(g) the presence of a quorum at any meeting of a licensee;
(h) that a document purporting to be made or issued by a licensee was made or issued by that licensee;
(i) the validity of the contents of any records or minutes of a licensee.

(5) A document purporting—

(a) to be a map or plan made or issued by a licensee, whether before or after the commencement of section 38 of the Water Acts (Further Amendment) Act 1997; and
(b) to show the location of any land or works or other thing or the physical features of any area; and
(c) to be verified by an authorised person—
is admissible in evidence in any proceeding under this Act or the regulations and, in the absence of evidence to the contrary, is proof of the matters shown in the map or plan.
(6) In any proceeding under this Act or the
regulations—

(a)

evidence that a person is liable to a service charge or usage charge in respect of any property; or

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 39

(b) evidence that a person's name appears in any records kept by a licensee as the owner or occupier of any property; or
(c) evidence by the certificate of the Registrar of Titles or any Deputy Registrar of Titles or Assistant

Registrar of Titles and authenticated by the seal of the Office of Titles that a person's name appears in the Register kept under the Transfer of Land Act 1958 as the proprietor of an estate in fee simple or of a leasehold estate held of the Crown in any property; or

(d)

evidence by the certificate of the Registrar-General or any Deputy Registrar-General that a person appears
from a memorial of registration of any
deed, conveyance or other instrument to
be the owner of any property—
is, in the absence of evidence to the contrary,
proof that that person is the owner or
occupier (as the case requires) of that
property.
(7) In any proceeding under this Act or the
regulations, the statement of any person that on a particular date he or she was an officer of a corporation is admissible in evidence
and, in the absence of evidence to the
contrary, is proof that on that date he or she
was an officer of that corporation.".

39. New sections 177A to 177C inserted
After section 177 of the Water Industry Act
1994 insert—

Water Acts (Further Amendment) Act 1997

s. 39

Act No. 110/1997

"177A. Use of analyst's certificate in prosecutions
(1) If in respect of a proceeding for an offence
against this Act or against any regulation
made under this Act a copy of an analyst's
certificate is obtained on behalf of the
informant and served with the summons to
answer to the charge, the analyst's certificate
is admissible in evidence and, in the absence
of evidence to the contrary, is proof of the
matters stated in it and of the facts on which
they are based unless the defendant has at
least 7 days before the mention date given
written notice to the informant requiring the
analyst to be called as a witness.
(2) Service of a copy of an analyst's certificate with a summons to answer to a charge may be proved in any manner in which service of
the summons may be proved and the
evidence of service must state that a copy of
the certificate was served with the summons.

177B. Authentication of documents

Despite anything to the contrary in any other Act, a document requiring authentication by a licensee may be sufficiently authenticated without the seal of the licensee if signed by an authorised person.
177C. Discharges into works etc.
(1) Any instrument or monitoring, recording or

other equipment or installation used by an
authorised person or an analyst in connection
with any evidence given in a proceeding
under this Act or the regulations relating to
the discharge of anything into the works of a
licensee or a sewerage system under the
control and management of a licensee must

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 39
be presumed, until the contrary is proved, to
be accurate and precise.
(2) Despite the rule against hearsay, the results

of any analysis based on any analytical
techniques which by their nature infringe
that rule are admissible in evidence in any
proceeding referred to in sub-section (1).

(3) Each attribute of a sample taken under this Act or the regulations must for the purpose of any proceeding referred to in sub-section (1) be presumed, until the contrary is proved,
not to be materially affected by its method of
storage or preservation.
(4) A finding by a court that an attribute of a sample referred to in sub-section (3) was materially affected by its method of storage
or preservation does not rebut the
presumption created by that sub-section in
relation to the other attributes of the sample.
(5) If—

(a)

a corporation has entered into a trade waste agreement with a licensee; and

(b)

that corporation shares premises with a corporation that is a subsidiary of that corporation within the meaning of the Corporations Law; and

(c)

there occurs on the premises an act or omission that is capable of constituting a contravention of the trade waste agreement—
the corporation that entered into the trade
waste agreement must be presumed, for the
purpose of any proceeding under this Act or
the regulations relating to that contravention,

Water Acts (Further Amendment) Act 1997

s. 40

Act No. 110/1997

to have caused that act or omission until the
contrary is proved.
(6) For the purpose of any proceeding under this
Act or the regulations, anything found in a sewer on a property or which exclusively services a property or in any drain or other works on a property connected to such a sewer, must be presumed, in the absence of evidence to the contrary, to have been discharged into that sewer, drain or other works by the occupier of that property.".
40. Statute law revision
(1) In section 50(d)(iii)(D) of the Water Industry Act 1994, omit "and".
(2) In section 58(4)(b) of the Water Industry Act 1994, before "there" insert "if".

_______________
Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 41

PART 5—AMENDMENT OF OTHER ACTS

41. Food Act 1984 No. 10082.
Reprint No. 4

For paragraph (i) of the definition of "food" in as at 19 June
1997.
section 4(1) of the Food Act 1984 substitute—
"(i) water supplied by—
(A) the holder of a water licence, water and

sewerage licence or water headworks
licence issued under Division 1 of Part
2 of the Water Industry Act 1994; or

(B) an Authority within the meaning of the
Water Act 1989 that has a water district; or

(C) a council performing water supply

functions under the Local Government
Act 1989; or

(D) Melbourne Water Corporation—
from its works in the exercise of its power to
supply water;".
42. Health Act 1958

In section 81 of the Health Act 1958, after sub- No. 6270.
Reprint No. 8
section (2) insert— as at 26 June
1997.
'(3) In this section "water supply authority"
means—

(a)

the holder of a water licence, water and sewerage licence or water headworks licence issued under Division 1 of Part 2 of the Water Industry Act 1994; or

(b)

an Authority within the meaning of the Water Act 1989 that has a water district; or

Water Acts (Further Amendment) Act 1997

s. 43

Act No. 110/1997

(c)
a council performing water supply Act 1989; or
(d) Melbourne Water Corporation.'.

43. Health (Fluoridation) Act 1973

No. 8506.	In section 2 of the Health (Fluoridation)
Reprint No. 1
as at 12 June	Act 1973, for the definition of "Water supply
1997.	authority" substitute— ' "water supply authority" means—

(a)
water and sewerage licence or
the holder of a water licence, under Division 1 of Part 2 of the Water Industry Act 1994; or

(b)

an Authority within the meaning of the Water Act 1989 that has a water district; or
(c) a council performing water
supply functions under the Local
Government Act 1989; or
(d) Melbourne Water Corporation.'.
44. New section 13 inserted in Health (Fluoridation) Act 1973
After section 12 of the Health (Fluoridation) Act
1973 insert—
"13. Supreme Court—limitation of jurisdiction
It is the intention of section 4, as it applies
with respect to water supply authorities
within the meaning given to that term by this
Act as amended by section 43 of the Water
Acts (Further Amendment) Act 1997, to
alter or vary section 85 of the Constitution
Act 1975.".

Water Acts (Further Amendment) Act 1997

Act No. 110/1997 s. 45
45. Consequential amendment of Melbourne Water Corporation Act 1992

(1) In section 14(1)(f) of the Melbourne Water

No. 54/1992. Reprint No. 1

Corporation Act 1992, omit ", make and levy as at 5
rates". December
1996.

(2) In section 15(1)(g) of the Melbourne Water
Corporation Act 1992, omit "or make and levy rates".

(3) In section 36(b) of the Melbourne Water

Corporation Act 1992, omit "the making and levying of rates,".

(4) In section 36(d) of the Melbourne Water

Corporation Act 1992, omit ", rates" (where twice occurring).
46. Statute law revision

Sections 1, 9 and 17 of the Melbourne and No. 7778.
Metropolitan Board of Works (Amendment)
Act 1968 are repealed.

═══════════════
Water Acts (Further Amendment) Act 1997

Notes

Act No. 110/1997

NOTES

†
Minister's second reading speech—
Legislative Assembly: 30 October 1997
Legislative Council: 20 November 1997
The long title for the Bill for this Act was "to amend the Melbourne and
Metropolitan Board of Works Act 1958, the Water Act 1989, the
Water Industry Act 1994, the Food Act 1984, the Health Act 1958, the
Health (Fluoridation) Act 1973 and certain other Acts and for other
purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 30 October 1997
Legislative Council: 20 November 1997
Absolute majorities:
Legislative Assembly: 19 November 1997
Legislative Council: 4 December 1997

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3.	Definition	4
4.	Removal of power to levy water rates	4
5.	Removal of power to levy sewerage rates	5
6.	Repeal of provisions relating to rates	5
7.	Metropolitan General Fund and Metropolitan Improvement Fund	6
8.	New section 239DA inserted	6
239DA. Transitional provision (1997 Amendments)	7
9.	Definitions	9
10.	New sections 280 to 281F inserted	9

280.	Power to impose fees under a tariff	9
280A.	Tariff restricted to rateable properties	11
281.	Setting a tariff	12

281C.	Application for review	16
281D.	Inspection of rate records	17
281E.	Recovery of fees under tariffs	17
281F.	Savings provision	18

11.	Amendments consequential on section 10	19
12.	Minor amendments	20

13.	Analyst	23
14.	Groundwater management	23
15.	Interstate trading in water	23
16.	Repeal of provisions relating to certain Authorities	24
17.	Application fees	24
18.	Fee for information statement	25
19.	Supply of water for domestic and stock use	25

20.	New section 226AA inserted	25
226AA. Permanent transfer of water rights interstate	25
21.	New Division 1 substituted in Part 13	28
Division 1—Corporate Plans	28

247.	Corporate plans	28
248.	Statement of corporate intent: contents	30
249.	Inspection of corporate plans	30

22.	Amendments consequential on section 21	30
23.	New section 253A inserted	31

26.	Definitions	34
27.	Power of Governor in Council to regulate pricing	34
28.	Sanitary service charge	35
29.	Liability of occupier	35
30.	Exemptions from charges	35
31.	Concessions etc. in respect of charges	36
32.	Power of Treasurer to direct MWC to make payments to
licensees	37
33.	Regulations about water supply	37
34.	Control over connections	37
35.	New Division 1A inserted in Part 3	37
Division 1A—Drought Response Plans and Emergency
Management Plans	38

78A.	Application of this Division	38
78B.	Preparation and adoption of plans	38
78C.	Variation of plan	39
78D.	Emergency	41
78E.	Major deviations from plan	41
78F.	Copy of plan	42
78G.	Implementation of plan	42
78H.	Contravention of plan	43

36.	Review of valuation equalisation factors	43
37.	Taxes	44
38.	General evidentiary provisions	44
39.	New sections 177A to 177C inserted	46

177A.	Use of analyst's certificate in prosecutions	47
177B.	Authentication of documents	47
177C.	Discharges into works etc.	47

41.	Food Act 1984	50
42.	Health Act 1958	50
43.	Health (Fluoridation) Act 1973	51
44.	New section 13 inserted in Health (Fluoridation) Act 1973	51

(a)	to remove the rating powers of Melbourne Water Corporation and enable it to impose fees under a tariff for the purposes of its
drainage and floodplain management functions;

(d)	to recognise licensees under the Water Industry Act 1994 as water supply authorities for the purposes of the Food Act 1984, the Health Act 1958 and the Health (Fluoridation) Act 1973;
(e)	to make miscellaneous other amendments to the Melbourne and Metropolitan Board of Works Act 1958, the Water Act 1989 and

In this Part, "MMBW Act" means Melbourne	No. 6310. Reprint No. 8
and Metropolitan Board of Works Act 1958.	as at 17 April 1997. Further
amended by Nos 38/1997
and 45/1997.

(a)	omit "has been rated by the Melbourne and Metropolitan Board of Works at the sum of per annum for the water rate [or";
(b)	for "said Board]" substitute "Melbourne and Metropolitan Board of Works";

(a)	for "either of the last two preceding sections" substitute "section 181";
(b)

(a)	in respect of the period commencing on 1 July 1997 and ending on 31 December 1997; and
(b)	for an amount equal to the amount or amounts due and payable at any time before 31 December 1997 in respect of

(3) Subject to sub-section (4), the repeal by sections 4 to 7 of the Water Acts (Further this Act does not affect—
(a)	any liability to pay a rate made and levied under Part II or III before that repeal; or
(b)	any right or power relating to the remission, excusing or deferral of the obligation to pay a rate so made and levied; or
(c)	any other obligation, right or power of any person relating to the payment,

Act No. 110/1997	s. 8
collection, recovery or receipt of any rate so made and levied—

(b)	the Board must invite any council whose municipal district is wholly or partly within the area to be represented on the committee;
(c)	statutory body, government department

Act No. 110/1997	s. 10
subject to paragraph (d), the value as shown in that valuation;

(a)	that the property is not rateable property;
(b)	that the person is not liable for the tariff;
(c)	that the tariff was not set in accordance with an Order under section 21A(1) of the Water Industry Act 1994;
(d)	that the fee imposed by the Board is not a correct application of the tariff as set.

(a)	set a new tariff for the particular year, even if the year has ended; and
(b)	retain any amount paid to it by a person in respect of that tariff on account of any amount payable by that person in respect of the next effective tariff set.

(2) In section 239 of the MMBW Act—	"make and levy the Metropolitan Drainage and under a tariff set under Part X".
(a) after "rates" insert "tariffs"; (b) for "239A(1B)" substitute "280A(3)".

(a)	for "the Port of Melbourne Authority" (where first occurring) substitute "a local authority within the meaning of the Marine Act 1988";
(b)	omit "as defined by the Port of Melbourne Authority Act 1958";
(c)	the Victorian Channels Authority (as the case requires)" substitute "the local

(a)	for "Port of Melbourne Authority" substitute "Victorian Channels Authority";
(b)	for paragraph (b) substitute— "(b) for any reference to payment into the

(a)	with the approval of the Authority in whose district the holding of the transferor is located; and
(b)	with the consent of each person who has a prescribed interest in the holding of the transferor.

(c)	a copy of the notice published under sub-section (3); and
(d)	a statutory declaration made by the proposed transferor setting out the names and addresses of each person
known by the proposed transferor to have a prescribed interest in the holding; and
(e)	the fee fixed by the Authority for such applications.