Water (Amendment) Act 2001 (Vic)
Water (Amendment) Act 2001
Act No. 25/2001
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 2 3. Definitions 2 4. New water, sewerage and waterway management systems 2 5. New and restructured Authorities 3 6. Provisions about new and restructured Authorities 3 7. Pre-requisites for restructuring or transferring Orders 3 8. Transfer of officers 3 9. Abolition of Authorities 4 10. Appointment of an administrator 4 11. New Division 6A of Part 6 inserted 4 Division 6A—Transfer of Certain Districts and Validation of Actions 4 115A. Definitions 4
115B. Retrospective transfer of certain water districts to Lower
Murray Region Water Authority 5 115C. Validation of actions of Lower Murray Region Water
Authority in relation to certain water districts 6
12. Guidelines as to terms and conditions of employment 7 13. Saving of rights of public servants appointed to Authorities 9
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ENDNOTES 10
i
Victoria
No. 25 of 2001
Water (Amendment) Act 2001†
[Assented to 29 May 2001]
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Water
Act 1989 to—
(a) Authority proposing a new waterway
empower the Minister to exempt an requirements; and
(b)
provide for the appointment of Catchment Management Authorities established under the Catchment and Land Protection Act
Water (Amendment) Act 2001
| s. 2 | Act No. 25/2001 |
1994 as Authorities under the Water Act
1989; and
(c) transfer certain water districts of the former Sunraysia Water Board to the Lower Murray Region Water Authority and to validate the past actions of that Authority in relation to those water districts; and (d) the appointment of Catchment Management
make other minor amendments relating to Act 1989.
2. Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
See:
| Act No. | 3. Definitions | |
| 80/1989. | ||
| Reprint No. 5 | (1) In section 3(1) of the Water Act 1989, in the | |
| as at | definition of "Authority", for "and a council | |
| 18 May 1999 | ||
| and | appointed under section 98(1)(a)" substitute ", a | |
| amending | council appointed under section 98(1)(a) and a | |
| Act Nos | ||
| 65/1999, | Catchment Management Authority appointed | |
| 30/2000, | under section 98(1)(ab)". | |
| 59/2000, | ||
| 66/2000 and | (2) In section 3(1) of the Water Act 1989, after the | |
| 69/2000. LawToday: | definition of "bulk entitlement" insert— | |
| dpc.vic. | ' "Catchment Management Authority" means | |
| gov.au | an Authority within the meaning of the Catchment and Land Protection Act 1994;'. |
4. New water, sewerage and waterway management systems
After section 96(5) of the Water Act 1989 insert—
"(5A) The Minister may exempt an Authority
which submits a proposal to set up a new
Water (Amendment) Act 2001
Act No. 25/2001 s. 5 waterway management district from
complying with sub-section (7)(a)(ii).".
5. New and restructured Authorities
After section 98(1)(a) of the Water Act 1989
insert—"(ab) appoint a Catchment Management Authority;
or".
6. Provisions about new and restructured Authorities
In section 99(9) of the Water Act 1989, after
"council" insert "or a Catchment ManagementAuthority".
7. Pre-requisites for restructuring or transferring Orders
In section 100 of the Water Act 1989—
(a) after sub-section (1)(d) insert—
"; and
(e) is involved, consult with the Minister
if a Catchment Management Authority Land Protection Act 1994.";
(b)
after sub-section (2)(b)(ia) insert— "(ib) the Minister administering the
Catchment and Land Protection Act
1994, if a Catchment ManagementAuthority is affected; and".
8. Transfer of officers
In section 102 of the Water Act 1989—
(a)
for "or to a council" substitute ", a council, a Catchment Management Authority";
(b)
for "or council" substitute ", council, Catchment Management Authority".
Water (Amendment) Act 2001
| s. 9 | Act No. 25/2001 |
9. Abolition of Authorities
(1) After section 105(1) of the Water Act 1989,
insert—
"(1A) This section applies to a Catchment
Management Authority only in respect of its functions as an Authority under this Act.".
(2) In section 105(4) of the Water Act 1989, for
"Schedule 3, 4, 6, 7, 8 or 10" substitute
"Schedule 6 or 7".
10. Appointment of an administrator
In section 112(3) of the Water Act 1989—
(a)
in paragraph (a), after "council" insert "or Catchment Management Authority";
(b)
after paragraph (b) insert— "(ba) if the Authority is a Catchment
Management Authority, may suspend
any functions of the Catchment
Management Authority under this Act;and".
11. New Division 6A of Part 6 inserted
After section 115 of the Water Act 1989 insert—
'Division 6A—Transfer of Certain Districts
and Validation of Actions
115A. Definitions
In this Division—
"Constitution of the Lower Murray
Region Water Authority Order"
means the Constitution of the Lower
Murray Region Water Authority Order
1995, published in the Government
Gazette on 1 February 1995;
Water (Amendment) Act 2001
Act No. 25/2001 s. 11 "Lower Murray Region Water
Authority" means the Authority
constituted by the Constitution of the
Lower Murray Region Water AuthorityOrder;
"Sunraysia Water Board" means the
Sunraysia Water Board constituted by
Order in Council under section 8 of the
Water and Sewerage Authorities
(Restructuring) Act 1983 and
published in the Government Gazetteon 27 June 1984.
115B. Retrospective transfer of certain water
districts to Lower Murray Region Water
AuthorityThe Constitution of the Lower Murray Region Water Authority Order has, and is deemed always to have had, the same force and effect as it would have had if—
(a) Murray Region Water Authority to take
over the whole of the property, rights,
liabilities, obligations, powers and
functions of the Sunraysia Water Board
in respect of the Koondrook Urban
District, the Murrabit Urban District,the Order had appointed the Lower West Urban District and the Woorinen Urban District, and had allocated those districts to the Lower Murray Region Water Authority; and
(b)
all the requirements of Division 2 that would have been required to be complied with in the case of an Order having the force and effect that the Constitution of the Lower Murray
Water (Amendment) Act 2001
| s. 11 | Act No. 25/2001 |
| Region Water Authority Order has, and is deemed always to have had, by force of this section, had been complied with respect to it. |
115C. Validation of actions of Lower Murray
Region Water Authority in relation to certain water districts
(1) Anything done or purported to have been
done under this Act, before the have been validly done had that section been in operation at the time at which the thing was done or purported to have been done, has, and is deemed always to have had, the same force and effect as it would have had if that section had been in operation at the time at which the thing was done or purported to have been done.
commencement of section 11 of the Water(Amendment) Act 2001 by the Lower
(2) Without limiting the generality of sub-
section (1), that sub-section applies with
respect to the following—
(a)
the setting of a tariff or development tariff;
(b)
the imposition of a fee on a property under a tariff or development tariff or the altering of the amount of such a fee;
(c)
the setting or imposition of a fee, charge or rate of interest;
(d)
the requirement of a payment or contribution from any person;
(e)
the declaration of any land to be a serviced property for the purposes of this Act;
Water (Amendment) Act 2001
Act No. 25/2001 s. 12 (f) accommodation, issuing of bonds, notes
the obtaining of financial revenue in accordance with Division 4 of Part 13;
(g) the recovery of any money;
(h) the selling of any property, or the causing of any property to be transferred, under section 278; (i) the purchase or compulsory acquisition of any land, entry on any land or dealing with any land;
(j) the carrying out of any works or closing to traffic of any road or part of a road for that purpose; (k) authorisation or making of an
the giving of a consent or other under this Act;
(l)
the making of any by-laws, passing of any resolution, giving of any notice or service of any document;
(m)
the delegation of any power, discretion, function, authority or duty.'.
12. Guidelines as to terms and conditions of employment
(1) In section 322(1) of the Water Act 1989—
(a)
after paragraph (b) insert— "(ba) officers or employees of a Catchment
Management Authority that is an
Authority who are employed solely,
mainly or partly to perform duties for
or in connection with the exercise by
the Catchment Management Authority
of any powers, functions or duties
Water (Amendment) Act 2001
| s. 12 | Act No. 25/2001 |
| conferred on it by or under this Act; and"; |
(b)
in paragraph (c), after "council" insert "or Catchment Management Authority".
(2) In section 322 of the Water Act 1989, for sub-
section (4) substitute—
"(4) Before determining any guidelines undersub-section (2), the Minister must consult any persons that appear to the Minister to represent the interests of Authorities,
councils and Catchment Management respectively.
(4A) Before determining any guidelines under
sub-section (2) with respect to any officer or
employee referred to in sub-section (1)(c),the Minister must consult with—
(a) in the case of an officer or employee of a council, the Minister administering the Local Government Act 1989; and (b) a Catchment Management Authority,
the Minister administering thein the case of an officer or employee of 1994.".
(3) In section 322 of the Water Act 1989, for sub-
sections (5) and (6) substitute—
"(5) The Minister must serve a copy of all
guidelines determined under sub-section (2)
on every Authority and—
(a)
if the guidelines relate to an officer or employee of a council referred to in sub-section (1)(c), the council; or
Water (Amendment) Act 2001
Act No. 25/2001 s. 13
(b) employee of a Catchment Management
Authority referred to in sub-sectionif the guidelines relate to an officer or Authority.
(6) The Minister may at any time amend
guidelines determined under sub-section (2),
and must serve a copy of every amendmenton every Authority and—
(a) if the guidelines relate to an officer or employee of a council referred to in sub-section (1)(c), the council; or (b) employee of a Catchment Management
Authority referred to in sub-sectionif the guidelines relate to an officer or Authority.".
(4) In section 322(7) of the Water Act 1989—
(a) after "council" (where first occurring) insert "and Catchment Management Authority"; (b) for "or the council" substitute ", the council or the Catchment Management Authority".
13. Saving of rights of public servants appointed to Authorities
In section 323(2) of the Water Act 1989, after
"council" (where twice occurring) insert "orCatchment Management Authority".
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Water (Amendment) Act 2001
| Endnotes | Act No. 25/2001 |
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 1 March 2001
Legislative Council: 1 May 2001
The long title for the Bill for this Act was "to amend the Water Act 1989
and for other purposes."
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