Water (General) Regulations 2021 (Vic)
Version No. 002
Water (General) Regulations 2021
S.R. No. 14/2021
Version incorporating amendments as at
21 June 2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provisions
3Commencement
4Revocations
5Definitions
Part 2—Register of interests
6Primary return
7Ordinary return
8Inspection of register of interests
Part 3—Notice of disposition of land
9Notice of disposition of land
Part 4—Subdivisional easements and reserves
10Rights of an Authority for the purposes of pipelines or ancillary purposes and channels
11Rights of an Authority for the purposes of carriageways
12Rights of an Authority for the purposes of drainage
13Rights of an Authority for the purposes of waterway management
14Rights on the creation of a reserve
Part 5—Long service leave for employees of water corporations
15Meaning of ceasing employment due to age or ill health
16Employee may make request for long service leave
17No other employment
18Meaning of current pay
19Public holidays and annual leave during long service leave
20Water corporation must not grant leave or pay for service if leave or pay already granted in respect of that service
21Computing period of service—service to be included
22Computing period of service—service not to be included
23Prior employment by other water corporations or persons or bodies
24Entitlement if an employee converts from full-time to part-time service or vice versa
25Computation of pay for leave taken with pay
26Entitlement to pay instead of leave on retirement, termination or death
27Transfer of entitlements between water corporations
28Current water corporation to refund former or other water corporation in some cases
29Water corporation may seek further reimbursement from other water corporations in some cases
30Agreements regarding transfer of entitlements
Part 6—Trade waste
31Trade waste for the purposes of the Act
Part 7—Trade waste agreements
32Condition of trade waste agreements
Part 8—Water meters, backflow prevention devices and maintenance
33Notification of loss of or damage to water meters by occupiers of land
34Custody of water meters by plumbers
35Removal of water meters by plumbers
36Testing of water meters
37Estimation of water supplied etc.
38Estimation of water supplied through a private fire service
39Connection of private data loggers or other private devices, apparatuses or equipment to a water meter
40Property owner to fit backflow prevention device
41Testing of backflow prevention device
42Property owner obligations
43Water corporation obligations
44Extended private water supply works
Part 9—Sanitary drains, sanitary drainage plans and maintenance
45Connection to sewerage works
46Sanitary drainage plans
47Maintenance of sanitary works
48Maintenance of sewerage works and extended sanitary works
49Trade waste
50Pressure sewer systems
51Extended sanitary works
Schedule 1—Forms
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 002
Water (General) Regulations 2021
S.R. No. 14/2021
Version incorporating amendments as at
21 June 2025
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are—
(a)to prescribe the form of returns for, and applications to inspect, the register of interests; and
(b)to provide for notice of disposition of land; and
(c)to prescribe the rights of an Authority upon the creation of an easement or reserve for the use of the Authority when land is subdivided; and
(d)to provide for long service leave for employees of water corporations; and
(e)to prescribe certain waste as trade waste for the purposes of the Water Act 1989; and
(f)to prescribe a condition to be included in agreements for the receipt and disposal of trade waste by a water corporation; and
(g)to provide generally for the management, protection and use of lands, waterways and works under the management and control of a water corporation; and
(h)to provide for sanitary drainage plans held by a water corporation, including—
(i)the lodging of plans of sanitary drains as they appear after they have been installed or altered; and
(ii)the providing of copies of the plans; and
(i)to prescribe ways of measuring water supply by water meter or other measuring device; and
(j)to prescribe ways of determining the quantity of water supply to land, other than by water meter or other measuring device; and
(k)to provide for the regulation of works and apparatus that are part of any private works; and
(l)to provide for the regular maintenance and cleaning of works and apparatus; and
(m)to prescribe penalties for contravening these Regulations; and
(n)to prescribe other matters and things required or permitted by the Water Act 1989 to be prescribed or necessary to be prescribed to give effect to that Act.
2Authorising provisions
These Regulations are made under sections 119 and 324 of the Water Act 1989.
3Commencement
These Regulations come into operation on 10 March 2021.
4Revocations
The following Regulations are revoked—
(a)the Water (Subdivisional Easements and Reserves) Regulations 2011[1];
(b)the Water (Long Service Leave) Regulations 2011[2];
(c)the Water (Long Service Leave) Amendment Regulations 2014[3];
(d)the Water (Notice of Disposition of Land) Regulations 2020[4];
(e)the Water (Register of Interests) Regulations 2020[5].
5Definitions
(1)In these Regulations—
accessible stop valve means a stop valve that is placed—
(a)above ground; or
(b)below ground within a stop valve cover approved by the relevant water corporation;
backflow prevention device means a device for the purpose of preventing the reverse flow of water into a water corporation's reticulated water supply system;
bank includes groyne;
Building Code of Australia has the same meaning as in section 3(1) of the Building Act 1993;
business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993;
change includes alter, cut off, add to, replace, remove and reconstruct;
channel works include—
(a)channels and ancillary works; and
(b)the following related works—
(i)bridges;
(ii)siphons;
(iii)inlets;
(iv)outlets;
(v)regulators;
(vi)controlling, metering and communication;
(vii)power and telemetry devices;
(viii)buried cables;
(ix)culverts;
(x)subways;
(xi)pipes;
(xii)fittings;
(xiii)drains;
(xiv)drop structures;
combined sanitary works means the part of any sanitary works that conveys or is intended to convey sewage or trade waste—
(a)from a relevant serviced property to the sewerage works and is located on another relevant serviced property; and
(b)from 2 or more relevant serviced properties to the sewerage works;
construct includes erect, lay, place, build or fabricate;
current water corporation has the meaning given in regulation 27;
desalination process means any process (whether using reverse osmosis or otherwise) by which salts and minerals are removed from water;
district, in relation to a water corporation, means any irrigation district, sewerage district, water supply district or waterway management district of a water corporation;
drainage works include—
(a) drains and ancillary works, culverts and spillways; and
(b) the following related works—
(i)drop structures;
(ii)control gates;
(iii)controlling, metering and communications;
(iv)power and telemetry devices;
(v)buried cables;
(vi)pipes;
(vii)fittings and escapes;
emergency has the same meaning as in section 159A(3) of the Act;
employee, in relation to a water corporation, means an officer employed by that water corporation;
excavate includes dig or cut;
extended private water supply works, in relation to a relevant serviced property for which no property service pipe has been installed by or on behalf of a water corporation, means the property service pipe—
(a)installed between the property and a water corporation's water main by the property owner; and
(b)connected to the water main with the consent of the water corporation under section 145 of the Act;
Note
Section 145 of the Act provides that a water corporation may consent to a person's works being connected to the works of the water corporation and that consent may be subject to any terms and conditions the water corporation thinks fit.
extended sanitary works, in relation to a relevant serviced property for which no sanitary drain has been installed by or on behalf of a water corporation, means the sanitary drain—
(a)installed between the property and a water corporation's sewer main by the property owner; and
(b)connected to the sewer main with the consent of the water corporation under section 145 of the Act;
Note
Section 145 of the Act provides that a water corporation may consent to a person's works being connected to the works of the water corporation and that consent may be subject to any terms and conditions the water corporation thinks fit.
former water corporation has the meaning given in regulation 27;
good working order, in relation to works, includes that the works operate in a hygienic manner and are not subject to any damage that allows water or sewage to infiltrate or leak from the works;
inspect includes patrol;
inspection opening, in relation to sewerage works, means an access opening, in a pipe or pipe fitting, that is—
(a)installed to facilitate inspection, testing or the clearing of obstructions; and
(b)fitted with a threaded cap or plug or an access cover;
inspection shaft, in relation to a sanitary drain, means a shaft constructed in the line of the drain for the purpose of locating, inspecting and clearing the drain;
licensed conveyancer means a person who holds a licence under the Conveyancers Act 2006;
licensed plumber has the same meaning as in section 221B(1) of the Building Act 1993;
maintain includes cleanse, flush, repair, and if necessary, remove;
matter includes timber, soil and vegetation;
occupier, in relation to any land, includes—
(a)a person who occupies or is in control of the land, whether or not that person owns it; and
(b)a person who occupies or is in control of any part of the land, if different parts of the land are occupied by different persons;
parental leave means any of the following—
(a)maternity leave;
(b)paternity leave;
(c)partner leave;
(d)adoption leave;
pipeline works include—
(a) pipelines and ancillary works; and
(b) the following related works—
(i)marker posts;
(ii)valves;
(iii)valve chambers;
(iv)housings;
(v)controlling, metering and communication;
(vi)power and telemetry devices;
(vii)buried cables;
(viii)vertical surgepipes;
(ix)air vessels;
(x)fittings;
(xi)connections;
(xii)anti-corrosion equipment;
(xiii)hatches;
(xiv)access points;
(xv)inspection openings and pits;
(xvi)cleaning pits;
(xvii)scouring devices;
(xviii)drains;
(xix)underground pumps;
(xx)underground and above-ground storage tanks;
plant includes machines, vehicles, equipment and materials;
plumber means a licensed plumber or a registered plumber;
pressure sewer system—
(a)means a sewer system that conveys sewage under pressure by pumping units contained on a relevant serviced property to a nominated discharge point or sewer main; and
(b)includes any tanks, pumps, control boxes and electrical or hydraulic components that are part of the system referred to in paragraph (a);
primary meter means the first water meter installed on land after the water main, whether or not another water meter is installed on the land;
private data logger means a private device, apparatus or equipment fitted to a water meter that measures the volumetric flow of water that is also measured by the water meter;
private fire service means that part of any works from the water main of a water corporation to an outlet on a relevant serviced property, other than a relevant serviced property that is a Class 1 building within the meaning of the Building Code of Australia, if the outlet is designed to supply water to the property for the principal purpose of combating an outbreak of fire on the property, whether or not that part of the works is also connected to another outlet used for purposes other than combating an outbreak of fire;
private water supply works, in relation to a relevant serviced property, means the property service pipe (including any backflow prevention device installed to the pipe, any access cover and inspection opening to a stop valve and any other fixtures or fittings other than a water meter) from the outlet of any fixtures installed on the relevant serviced property to the property service works, but does not include any extended private water supply works;
property service pipe means the water supply pipe connecting the water main of a water corporation to the outlet of any fixtures installed on a relevant serviced property;
property service works, in relation to a relevant serviced property, means the property service pipe (including any stop valves and any other fixtures or fittings other than a water meter) from a water main of a water corporation to—
(a)the primary meter; or
(b)the property boundary, if the primary meter is more than 2 metres inside the property boundary; or
(c)the first accessible stop valve—
(i)if the primary meter or part of the property service pipe is within or beneath the walls of a structure built on the relevant serviced property; or
(ii)if there is no water meter;
register of interests means a register required to be maintained by a water corporation under section 115(1) of the Act;
registered plumber has the same meaning as in section 221B(1) of the Building Act 1993;
registrable interest means an interest of a member of the board of directors of a water corporation or a nominated officer of a water corporation which must be disclosed by the member or nominated officer in a return required to be submitted under section 113 of the Act;
relevant serviced property means land that is declared to be a serviced property in accordance with section 144(1)(a) or (b) of the Act;
relevant water corporation, in relation to any land, thing or work, means the water corporation authorised to exercise powers and perform functions in a water supply district or sewerage district within which—
(a)the land or thing is situated or is to be situated; or
(b)that work is being or is to be carried out;
road has the same meaning as in section 3(1) of the Road Management Act 2004;
sanitary drain means a line of pipes (including all fittings) conveying or intended to convey sewage or trade waste from a building or structure on a relevant serviced property to the sewer main of a water corporation;
sanitary works means the sanitary drain (including any inspection shafts fitted to the drain) from a building or structure on a relevant serviced property to the sewerage works, but does not include any extended sanitary works;
sewermain means the pipe to which all relevant serviced properties are connected by a sanitary drain for the discharge of sewage and trade waste;
sewerage works, in relation to a relevant serviced property, means—
(a)if the sewer main is located outside the property boundary and an inspection opening is installed, the sanitary drain from the sewer main to—
(i)the inspection opening; or
(ii)one metre inside the property boundary, if the inspection opening is more than one metre inside the property boundary; or
(b)if the sewer main is located outside the property boundary and an inspection opening is not installed, the sanitary drain from the sewer main to one metre inside the property boundary; or
(c)if the sewer main is located outside the property boundary and an inspection opening is not installed inside the property boundary because a structure on the property prevents the installation of an inspection opening inside the property boundary, the sanitary drain from the sewer main to—
(i)one metre from the structure; or
(ii)another location that is less than one metre from the structure in accordance with the consent of a water corporation under section 145 or 148 of the Act; or
(d)if the sewer main is located inside the property boundary and an inspection opening is installed, the sanitary drain from the sewer main to—
(i)the inspection opening; or
(ii)one metre from the side of the sewer main facing the centre of the property if the inspection opening is more than one metre inside the property; or
(e)if the sewer main is located inside the property boundary and an inspection opening is not installed, the sanitary drain from the sewer main to one metre from the side of the sewer main facing the centre of the property;
soil includes earth, stone and gravel;
stop valve means a flow control fitting capable of both regulating and shutting off the flow in a water main or property service pipe, and includes any fitting of the stop tap type, gate valve type or ferrule tap type;
subway means an underground access way or underground conduit;
the Act means the Water Act 1989;
water meter means any device or equipment used by a water corporation to measure the volumetric flow of water by any means, including analogue, digital or mechanical meters with integrated remote read;
waterway management works include—
(a) drainage systems or drainage works; and
(b) related subways; and
(c) any other works related to waterway management functions;
weir includes dam or levee.
(2)In these Regulations, a reference to a water main includes a reference to any stop valve and any fittings located at a connection between the water main and a property service pipe.
PART 2—REGISTER OF INTERESTS
6Primary return
For the purpose of section 113(1) and (3) of the Act, the prescribed form of a primary return is Form 1 in Schedule 1.
7Ordinary return
For the purpose of section 113(4) of the Act, the prescribed form of an ordinary return is Form 2 in Schedule 1.
8Inspection of register of interests
For the purpose of section 115(2) of the Act, an application by a person to inspect the register of interests must be made in accordance with Form 3 in Schedule 1.
PART 3—NOTICE OF DISPOSITION OF LAND
9Notice of disposition of land
(1)For the purposes of section 159 of the Act, a prescribed person who must give notice under that section in relation to the disposition of land is a person who disposes of any land in respect of which a fee has been imposed under section 259 of the Act by an Authority.
(2)For the purposes of section 159(a) of the Act, the prescribed form of a notice under section 159 of the Act is Form 4 in Schedule 1 and the prescribed particulars are those set out in that Form.
(3)For the purposes of section 159(b) of the Act, the prescribed person for receipt of a notice under section 159 of the Act is the Managing Director or Chief Executive Officer, as the case may be, of the Authority that imposed the fee under section 259 of the Act in relation to the land disposed of.
(4)For the purposes of section 159(c) of the Act, the prescribed period for giving a notice under section 159 of the Act is one month after the disposal of the land.
PART 4—SUBDIVISIONAL EASEMENTS AND RESERVES
10Rights of an Authority for the purposes of pipelines or ancillary purposes and channels
(1)This regulation applies if an easement is required to be created under section 136(1) of the Act for the purposes of pipelines or ancillary purposes or for the purposes of channels.
(2)For the purposes of section 136(2) of the Act, the following rights are prescribed in relation to land burdened by the easement to which this regulation applies—
(a)at all times, full and free access to enter upon and pass over the land (with or without plant);
(b)to take onto and remove plant from the land;
(c)to clear and excavate the land;
(d)to construct pipeline works or channel works on, over or under the land;
(e)to use and operate pipeline works or channel works on the land;
(f)to inspect, maintain or change pipeline works or channel works on the land (including a change in their size or number);
(g)to remove any matter from or deposit any matter on the land.
11Rights of an Authority for the purposes of carriageways
(1)This regulation applies if an easement is required to be created under section 136(1) of the Act for the purpose of carriageways.
(2)For the purposes of section 136(2) of the Act, the following rights are prescribed in relation to land burdened by the easement to which this regulation applies—
(a)to construct and maintain a road or access track on the land;
(b)at all times, full and free access to enter upon and pass over the land (with or without plant);
(c)to take onto and remove plant from the land;
(d)to clear and excavate the land;
(e)to remove any matter from or deposit any matter on the land.
12Rights of an Authority for the purposes of drainage
(1)This regulation applies if an easement is required to be created under section 136(1) of the Act for the purpose of drainage.
(2)For the purposes of section 136(2) of the Act, the following rights are prescribed in relation to land burdened by the easement to which this regulation applies—
(a)to construct drainage works on the land;
(b)to use and operate drainage works on the land;
(c)to remove obstacles to the flow of water on the land;
(d)to inspect, maintain or change drainage works on the land (including a change in their size or number);
(e)at all times, full and free access to enter upon and pass over the land (with or without plant);
(f)to take onto and remove plant from the land;
(g)to clear and excavate the land;
(h)to remove any matter from or deposit any matter on the land.
13Rights of an Authority for the purposes of waterway management
(1)This regulation applies if an easement is required to be created under section 136(1) of the Act for the purpose of waterway management.
(2)For the purposes of section 136(2) of the Act, the following rights are prescribed in relation to land burdened by the easement to which this regulation applies—
(a)to protect and enhance any waterway on the land;
(b)to plant, maintain and remove vegetation on the land;
(c)to construct, maintain or remove fences or gates to protect vegetation on the land;
(d)to construct waterway management works on the land;
(e)to use and operate waterway management works on the land;
(f)to inspect, maintain or change the waterway management works on the land (including a change in their size or number);
(g)to construct and maintain any weir or bank on the land;
(h)at all times, full and free access to enter upon and pass over the land (with or without plant);
(i)to take onto and remove plant from the land;
(j)to clear and excavate the land;
(k)to remove any matter from or deposit any matter on the land;
(l)to construct and maintain a road or access track on the land.
14Rights on the creation of a reserve
(1)This regulation applies if a reserve is required to be created for a purpose specified in section 136(1) of the Act.
(2)For the purposes of section 136(2) of the Act, the rights prescribed are all the rights attaching to the fee simple of the land constituting the reserve to which this regulation applies.
PART 5—LONG SERVICE LEAVE FOR EMPLOYEES OF WATER CORPORATIONS
15Meaning of ceasing employment due to age or ill health
For the purposes of these Regulations—
(a)an employee retires because of age if the employee ceases to be an employee on or after becoming 55 years of age; and
(b)an employee retires, or has their services terminated, because of ill health, if the water corporation is satisfied that the employee ceases to be an employee because of ill health that is likely to be permanent.
16Employee may make request for long service leave
(1)An employee may make a request to the water corporation to take long service leave that has accrued to the employee for a period of not less than 1 day.
(2)A water corporation must grant an employee's request to take long service leave as soon as practicable after receiving the request unless the water corporation has reasonable business grounds for refusing the request.
17No other employment
An employee on long service leave must not engage in any employment for hire or reward without prior approval from the water corporation.
18Meaning of current pay
(1)For the purposes of regulations 26, 27 and 29, an employee's current pay must be based on the employee's normal weekly number of hours of work and the employee's ordinary time rate of pay as at either of the following dates (as the case requires)—
(a)the date of accrual to the employee of the employee's long service leave entitlement;
(b)the date the employee ceased employment with a former water corporation or any other water corporation.
(2)In this regulation—
date of accrual to the employee of the employee's long service leave entitlement means the date on which the pay instead of long service is granted under regulation 26 to an employee or, in the case of any employee who at that date is not entitled to receive pay, the date on which the employee ceased to be entitled to such pay;
normal weekly number of hours means, if no normal weekly number of hours is fixed for an employee under the terms of the employee's employment, the average weekly number of hours worked by the employee during the 12 month period immediately preceding either of the following dates (as the case requires)—
(a)the date of accrual to the employee of the employee's long service leave entitlement;
(b)the date the employee ceased employment with a former water corporation or a relevant water corporation;
ordinary time rate of pay means, if no ordinary time rate of pay is fixed for an employee's work under the terms of the employee's employment, the average weekly rate earned by the employee while actually working during the 12 month period immediately preceding either of the following dates (as the case requires)—
(a)the date of accrual to the employee of the employee's long service leave entitlement;
(b)the date the employee ceased employment with a former water corporation or any other water corporation.
19Public holidays and annual leave during long service leave
Long service leave must not include any public holiday occurring, or annual leave taken, during the period when the long service leave is taken.
20Water corporation must not grant leave or pay for service if leave or pay already granted in respect of that service
In computing the period of long service leave, or pay instead of that leave, to which an employee is entitled, the water corporation must not grant long service leave or pay instead of that leave for any period of service in respect of which the employee has already taken long service leave or been granted pay instead of that leave.
21Computing period of service—service to be included
(1)In computing the period of service in respect of which an employee of the water corporation is entitled to be granted long service leave or pay instead of that leave, the water corporation must include the aggregate of the period of service if the period of service is not continuous and include the following—
(a)any period of service before 1 July 2025 during which the employee was absent from duty on annual leave or sick leave on full pay or half pay;
(b)to the extent determined by the water corporation in any particular case, the whole or any portion of a period of service before 1 July 2025 when the employee was absent from duty on any leave other than annual leave or sick leave;
(ba)any period of service occurring on or after 1 July 2025 during which the employee was absent from duty on leave on full pay or half pay;
(bb)any period of service occurring on or after 1 July 2025 during which the employee was absent from duty on parental leave without pay;
(bc)any period of service occurring before 1 July 2025 during which the employee was absent from duty on parental leave without pay if that leave of absence continued on or after 1 July 2025;
(bd)any period of service, up to 52 weeks, occurring on or after 1 July 2025 during which the employee was absent from duty on any leave without pay (other than leave referred to in paragraph (bb));
(c)any period during which the employee's service was interrupted or the employee was absent from work in any of the following circumstances—
(i)any interruption or ending of the employee's service by the water corporation, if that interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave;
(ii)any absence on service as a member of the naval, military or air forces of the Commonwealth of Australia (other than service as a member of the permanent forces after the employee joined the water corporation);
(d)any period of service computed in accordance with regulation 23.
(2)The entitlement of an employee to long service leave or pay instead of that leave is not affected by any interruption or absence described in subregulation (1).
22Computing period of service—service not to be included
(1)In computing the period of service in respect of which an employee of the water corporation is entitled to be granted long service leave or pay instead of that leave, the water corporation must not include—
(a)any period of service from which the employee was dismissed for disciplinary reasons; or
(b)any period during which the employee's service was interrupted or the employee was absent from work in any of the following circumstances—
(i)any interruption in the employee's service arising directly or indirectly from an industrial dispute;
(ii)the standing down of the employee when no work is available; or
(c)any period of service that preceded a continuous gap in service of greater than 12 months other than—
(i)an absence of 3 years or less in the nature of retirement occasioned by disability; or
(ii)an absence of 2 years or less which in the opinion of the employer was caused by special circumstances; or
(d)any period before 1 July 2025 during which the employee was absent from duty on parental leave without pay if that leave of absence concluded before 1 July 2025; or
(e)except to the extent (if any) authorised by the employer, any other period before 1 July 2025 during which the employee was absent on leave without pay; or
(f)any period during which the employee was absent from duty and in receipt of weekly payments of compensation under the Accident Compensation Act 1985 or any corresponding previous enactment or the Workplace Injury Rehabilitation and Compensation Act 2013, other than the first 12 months of that period; or
(g)any period that followed the date on which a pension (other than a temporary pension) became payable to the employee by reason of retirement on the ground of disability; or
(h)any period that followed the first 12 months after the date on which a temporary pension became payable to the employee by reason of retirement on the ground of disability.
(2)The entitlement of an employee to long service leave or pay instead of that leave is not affected by any interruption or absence described in subregulation (1)(b), (d), (e) or (f), except to the extent that the period of interruption or absence is not included for the purposes of the computation of the period of service.
23Prior employment by other water corporations or persons or bodies
(1)Subject to subregulations (2) and (4), in computing the period of service which entitles an employee to be granted long service leave or pay instead of that leave, the water corporation must take into account any prior period of service during which the employee was employed by any other water corporation or by any person or body in relation to which that other water corporation is the successor in law.
(2)If there is an interruption of more than 2 months between any periods of the employee's employment with any other water corporation or a person or body referred to in subregulation (1), any period of service before that interruption must be disregarded.
(3)Subject to subregulation (4), in computing the period of service which entitles an employee to be granted long service leave or pay instead of that leave, the water corporation must, to the extent provided for by any agreement entered into by the water corporation under regulation 30, take into account any of the following prior periods of service of the employee—
(a)with any local government authority under the law of the Commonwealth or of any State or Territory;
(b)in any office of the Crown in right of the Commonwealth or any State;
(c)with any State, Territory or Commonwealth Department or public authority;
(d)with a public entity within the meaning of the Public Administration Act 2004.
(4)The period of service of the employee with any other water corporation or any person or body in relation to which that other water corporation is the successor in law or with a person or body referred to in subregulation (3) must not be taken into account if—
(a)the employee was employed by that water corporation, person or body for a period of less than 3 years; and
(b)that employment ceased before the commencement of these Regulations.
(5)Subregulation (4) does not apply if the employment ceased because the employee—
(a)died; or
(b)retired because of age; or
(c)retired, or had their services terminated because of ill-health.
24Entitlement if an employee converts from full-time to part-time service or vice versa
(1)If an employee of the water corporation converts from full-time to part-time service or from part-time to full-time service, the employee's entitlement to long service leave is to be computed on a pro rata basis.
(2)Subregulation (1) applies in respect of any period of service of the employee with the water corporation and with any person or body in relation to which that water corporation is the successor in law.
25Computation of pay for leave taken with pay
If an employee is granted long service leave with pay, that pay must be computed in the same manner as if the employee had remained on duty during the period of leave.
26Entitlement to pay instead of leave on retirement, termination or death
(1)If an employee has completed 5 or more years of service, the employee is entitled to be granted pay instead of long service leave at the rate of 10% of 3 months current pay for each year of service if—
(a)the employee retires because of age or ill health; or
(b)the employee's services are terminated by the water corporation for any reason other than serious misconduct; or
(c)the employee dies.
(2)If an employee dies before or while taking long service leave with pay, or before being paid in full instead of long service leave, the water corporation must pay to the legal personal representative of the employee—
(a)any pay which the employee elected to take instead of leave that had yet to be paid; and
(b)pay instead of any long service leave to which the employee was entitled and which the employee had not taken or for which the employee had not been paid.
27Transfer of entitlements between water corporations
If an employee ceases to be employed by a water corporation (the former water corporation) and within 2 months of ceasing to be so employed is employed by another water corporation (the current water corporation), the current water corporation must, within 6 months of the commencement of the employee's employment, inform the former water corporation of the employee's employment and the former water corporation must within 30 days of being so informed pay to the current water corporation an amount equal to 10% of 3 months current pay for each completed year of service of the employee with the following persons or bodies if that service would be included in computing the period of service entitling the employee to long service leave under these Regulations—
(a)the former water corporation or any person or body in relation to which that former water corporation is the successor in law;
(b)any other water corporation or any person or body in relation to which that other water corporation is the successor in law;
(c)a person or body referred to in regulation 23(3).
28Current water corporation to refund former or other water corporation in some cases
(1)This regulation applies if—
(a)a current water corporation has received a payment in respect of an employee from a former water corporation under regulation 27; and
(b)the employee has—
(i)resigned or had their services terminated by the current water corporation for any reason other than ill health and 6 months after the cessation of employment—
(A)the current water corporation has not been informed that the employee has been employed by any other water corporation; and
(B)no agreement has been entered into under regulation 30(a) by the current water corporation for a payment to be made by the current water corporation to a responsible person under that regulation in respect of the employee; or
(ii)died, or because of age retired, or because of ill health retired or had their services terminated; and
(c)no pay instead of long service leave has been granted by the current water corporation under regulation 26 in respect of the employee; and
(d)there is no entitlement to pay instead of long service leave under regulation 26 in respect of the employee.
(2)The current water corporation must—
(a)inform the former water corporation, which has paid an amount under regulation 27 in respect of the employee, that this regulation applies to that payment; and
(b)if any part of that payment relates to a period of service of the employee with any other water corporation under regulation 27(b), inform that other water corporation that this regulation applies to that part of the payment.
(3)At the written request of the former or other water corporation referred to in subregulation (2)(b) (if applicable), the current water corporation must refund the amounts which have been paid in respect of the employee to the former or other water corporation.
(4)The current water corporation must comply—
(a)with subregulation (2) within 30 days after the date that all the criteria listed in subregulation (1) are met; and
(b)with subregulation (3) within 30 days after receiving the request from the former water corporation or other water corporation.
29Water corporation may seek further reimbursement from other water corporations in some cases
(1)This regulation applies if—
(a)an employee dies, or because of age retires, or because of ill health retires or has their services terminated; and
(b)pay instead of long service leave in respect of that employee has been granted by the current water corporation under regulation 26; and
(c)that pay is based on a period of service which takes into account prior service with any other water corporation or any person or body in relation to which that other water corporation is the successor in law; and
(d)the current water corporation has not received any payment in respect of that period of service from the former water corporation under regulation 27.
(2)The current water corporation may request in writing that the other water corporation referred to in subregulation (1)(c) make a payment to it in respect of the pay instead of long service leave granted to the employee.
(3)Within 30 days after receiving a request under subregulation (2), the other water corporation must pay to the current water corporation an amount equal to 10% of 3 months current pay for each completed year of service of the employee with the other water corporation or any person or body in relation to which that other water corporation is the successor in law.
30Agreements regarding transfer of entitlements
A water corporation may enter into an agreement with the person responsible for the payment of salary or wages to persons employed with a person or body referred to in regulation 23(3) (the responsible person) providing for—
(a)payments by the water corporation to the responsible person in respect of long service leave for a person transferring from employment with the water corporation to employment with the relevant person or body referred to in regulation 23(3); or
(b)payments to the water corporation by the responsible person in respect of long service leave for an employee transferring from employment with the relevant person or body referred to in regulation 23(3) to employment with the water corporation.
PART 6—TRADE WASTE
31Trade waste for the purposes of the Act
The following waste is prescribed as trade waste for the purposes of the Act—
(a)any superfluous matter derived from, or that is a by-product of, a trade, industrial, commercial, medical, dental, veterinary, agricultural, horticultural or scientific activity;
(b)any waste matter (other than waste matter that is discharged from private residences)—
(i)that consists solely or partly of food; or
(ii)that results from any process connected with the preparation of food;
(c)any waste matter discharged from a laundry—
(i)used for the purposes of a private or public hospital, school or other institution; or
(ii)used for the purposes of a hotel, motel or similar establishment; or
(iii)the use of which is subject to the payment of a fee; or
(iv)used for any other commercial purpose;
(d)any waste matter discharged from—
(i)any cooling, refrigeration or air-conditioning system installed on premises on which an activity referred to in paragraph (a) occurs; or
(ii)a ship's ballast; or
(iii)municipal or commercial swimming pools, including filter backwash effluent; or
(iv)any primary, secondary or tertiary educational establishment, if the matter is a by-product of a scientific, artistic or photographic activity or any trade based training activity;
(e)any superfluous matter derived from, or that is a by-product of, a desalination process or that is discharged from works used in a desalination process, whether on residential or non-residential premises, other than from permanent sub-surface or groundwater extraction systems;
(f)any superfluous matter derived from, or that is a by-product of, a groundwater quality monitoring system, a groundwater extraction and disposal system or a groundwater treatment system;
(g)any superfluous matter derived from, or that is a by-product of, construction activities;
(h)run-off from water used to extinguish a fire or to deal with any other hazard or emergency on premises on which an activity referred to in paragraph (a) occurs;
(i)leachate from any private, commercial or municipal landfill or from a commercial composting or vermiculture facility;
(j)sewage sludge from a facility for the disposal of septic tank sludge or sewage treatment plant sludge.
Notes
1A water corporation that has a sewerage district has trade waste functions if the water corporation so decides—see section 173(1)(a) of the Act.
2A person must not cause or permit trade waste to be discharged into a sewerage system other than in accordance with a trade waste agreement—see section 178(1)(b) of the Act.
PART 7—TRADE WASTE AGREEMENTS
32Condition of trade waste agreements
It is a condition of a trade waste agreement that a water corporation may disconnect a trade waste connection, direct a party to that agreement to disconnect a trade waste connection or immediately require a customer under that agreement to cease or vary their discharge via a trade waste connection—
(a)during an emergency; or
(b)during a period in which there is a threat of damage to any system used by the water corporation for the conveyance, treatment, re-use or supply of treated wastewater; or
(c)during a period in which the discharge of trade waste into the water corporation's sewerage system may cause the water corporation—
(i)to breach a licence issued under the Environment Protection Act 2017 that the water corporation holds for the reprocessing, treatment, storage, containment, disposal or handling of waste; or
(ii)to fail to comply with the general environmental duty under section 25(1) of the Environment Protection Act 2017 in relation to the reprocessing, treatment, storage, containment, disposal or handling of waste.
PART 8—WATER METERS, BACKFLOW PREVENTION DEVICES AND MAINTENANCE
33Notification of loss of or damage to water meters by occupiers of land
An occupier of land must notify the relevant water corporation of the loss of, or damage to, a water meter installed on the land within 2 business days after first becoming aware of the loss or damage.
Penalty:5 penalty units.
34Custody of water meters by plumbers
(1)A plumber to whom a water meter is supplied by a water corporation must take reasonable steps to ensure that the water meter—
(a)is not damaged or destroyed during installation or while in the custody of the plumber; and
(b)is not lost or stolen while in the custody of the plumber; and
(c)is properly installed on the land for which the water meter was supplied.
Penalty:10 penalty units.
(2)For the purpose of subregulation (1), a water meter is taken to be in the custody of the plumber from the time the water meter is supplied to the plumber by the water corporation until the time it is properly installed on the land for which it was supplied.
35Removal of water meters by plumbers
(1)A plumber contracted to remove a water meter must take reasonable steps to ensure that the water meter—
(a)is not damaged or destroyed during removal or while in the custody of the plumber; and
(b)is not lost or stolen while in the custody of the plumber.
Penalty:10 penalty units.
(2)For the purpose of subregulation (1), a water meter is taken to be in the custody of the plumber contracted to remove the water meter from the time the water meter is removed from the land by the plumber until the time the water meter is returned to the relevant water corporation.
36Testing of water meters
(1)The owner or occupier of land may, orally or in writing, request the relevant water corporation to test the accuracy and reliability of any water meter of the relevant water corporation installed on the land.
(2)At the request of a person under subregulation (1), the water corporation must—
(a)arrange for the testing of the water meter within 10 business days after receiving the request; and
(b)notify the person in writing of the results of the test within 5 business days after completing the tests.
(3)For the purpose of subregulation (2)(a), the water corporation may remove the water meter from the land.
(4)If a water meter is removed from land under this regulation, the water corporation must—
(a)test the water meter in accordance with the National Trade Measurement Regulations 2009 of the Commonwealth to determine its accuracy; and
(b)replace the water meter, at the time of its removal, with another water meter.
37Estimation of water supplied etc.
For the purpose of section 142A(2)(b) of the Act, the water corporation may estimate the amount of water by—
(a)having regard to—
(i)the size of the land or its irrigation area; and
(ii)the flow rate; and
(iii)the duration of the supply, delivery, use or take; or
(b)if a water meter is not functioning accurately but has a consistent recording error, applying a correction factor.
38Estimation of water supplied through a private fire service
(1)A water corporation may estimate the quantity of water supplied through a private fire service by reference to any type of water meter.
(2)For the purpose of subregulation (1), if the water corporation uses a bypass water meter, or a water meter that measures a fraction of the water, the water corporation may apply a multiplication factor to the amount recorded by the water meter to estimate the total quantity of water supplied through the private fire service.
39Connection of private data loggers or other private devices, apparatuses or equipment to a water meter
(1)An owner or occupier of land must not connect a private data logger or any other private device, apparatus or equipment to a water meter on the land without the written consent of the relevant water corporation.
Penalty:15 penalty units.
(2)An owner or occupier of land who connects a private data logger or any other private device, apparatus or equipment to a water meter on the land with the written consent of the relevant water corporation must comply with any conditions in the written consent regarding the installation and use of that private data logger or private device, apparatus or equipment.
Penalty:15 penalty units.
(3)A water corporation, by written notice, may direct an owner or occupier of land on which there is a private data logger or any other private device, apparatus or equipment connected to a water meter to disconnect that private data logger or private device, apparatus or equipment from the water meter.
(4)An owner or occupier of land must comply with a written notice under subregulation (3).
Penalty:15 penalty units.
40Property owner to fit backflow prevention device
(1)A relevant water corporation, by written notice, may direct the owner of a relevant serviced property to arrange for a plumber to install a backflow prevention device to the property's private water supply works or private fire service.
(2)A notice under subregulation (1) must—
(a)specify the type of device to be installed; and
(b)include directions in relation to the installation of the device; and
(c)specify the period in which the owner must comply with the notice, being a period of at least 10 business days after the notice is issued.
(3)The owner of the relevant serviced property must comply with the notice under subregulation (1).
Penalty:20 penalty units.
(4)The owner of the relevant serviced property must notify the relevant water corporation, in writing, of compliance with the notice under subregulation (1) within 5 business days after complying with the notice.
Penalty:5 penalty units.
41Testing of backflow prevention device
(1)A water corporation, by notice in writing to the owner of a relevant serviced property, may direct the owner to arrange for a plumber to test a backflow prevention device installed on that relevant serviced property.
(2)The owner of the relevant serviced property must comply with the notice under subregulation (1).
Penalty:15 penalty units.
(3)If the results of the test carried out under subregulation (1) show that the backflow prevention device is not operating efficiently, the owner of the relevant serviced property must arrange for the repair or replacement of the device.
(4)Within 20 business days after receiving the notice under subregulation (1), the owner of the relevant serviced property must provide the following information, in writing, to the water corporation—
(a)the results of the test;
(b)if subregulation (3) applies, advice that the backflow prevention device has been repaired or replaced.
Penalty:5 penalty units.
42Property owner obligations
(1)The owner of a relevant serviced property must take all reasonable steps to maintain and keep in good working order all parts of the property's private water supply works.
Penalty:15 penalty units.
(2)The owner of a relevant serviced property must take all reasonable steps to maintain and keep in good working order all pipes and fittings of the property's private fire service, including all stop valves after the water main but excluding any of the relevant water corporation's water meters.
Penalty:15 penalty units.
43Water corporation obligations
A water corporation must take all reasonable steps to maintain and keep in good working order all parts of the property service works for its relevant serviced properties.
44Extended private water supply works
Nothing in this Part applies in relation to the extended private water supply works of a relevant serviced property for which no property service pipe has been installed by or on behalf of a water corporation.
Note
These works are owned and managed by the owner of the relevant serviced property to which the works are connected with consent given by a water corporation under section 145 of the Act.
PART 9—SANITARY DRAINS, SANITARY DRAINAGE PLANS AND MAINTENANCE
45Connection to sewerage works
(1)The owner of a relevant serviced property to be connected to sewerage works must ensure that, unless otherwise approved by the relevant water corporation, the property is not drained into those sewerage works using a combined sanitary drain.
Penalty:20 penalty units.
(2)The owner of a relevant serviced property to be connected to sewerage works must ensure that, unless otherwise approved by the relevant water corporation, the sanitary drain connecting the property to the sewerage works is wholly within the boundary of the property.
Penalty:20 penalty units.
46Sanitary drainage plans
Within 5 business days after installing or altering sanitary works on a relevant serviced property, the plumber who installed or altered the works must submit a sanitary drainage plan to the relevant water corporation, in the form approved by the relevant water corporation, showing the sanitary works as they appear after they have been installed or altered.
Penalty:10 penalty units.
47Maintenance of sanitary works
(1)The owner of a relevant serviced property must take all reasonable steps to maintain and keep in good working order all sanitary works relating to that property.
Penalty:15 penalty units.
(2)Subject to subregulation (4), if 2 or more relevant serviced properties are connected to sewerage works by way of combined sanitary works, each owner of the relevant serviced properties must take reasonable steps to maintain and keep in good working order the combined sanitary works.
Penalty:15 penalty units.
(3)Subject to subregulation (4), the owners of 2 or more relevant serviced properties connected to sewerage works by way of combined sanitary works are jointly and severally liable for the cost of maintaining and keeping in good working order the combined sanitary works.
(4)Subregulations (2) and (3) do not apply to the extent of any inconsistency with terms contained in any of the following as to the apportionment of responsibility for the combined sanitary works—
(a)a plan of subdivision;
(b)the rules of an owners corporation;
(c)a written agreement between the owners of the relevant serviced properties.
48Maintenance of sewerage works and extended sanitary works
(1)A water corporation must take all reasonable steps to maintain and keep in good working order all sewerage works for its relevant serviced properties.
(2)A water corporation must take all reasonable steps to maintain and keep in good working order all extended sanitary works for its relevant serviced properties that are within a road.
49Trade waste
Nothing in this Part applies in relation to any trade waste that is discharged in accordance with a trade waste agreement or with the consent of the relevant water corporation.
50Pressure sewer systems
Nothing in this Part applies in relation to a pressure sewer system.
Note
Pressure sewer systems are managed by agreement between water corporations and owners of relevant serviced properties.
51Extended sanitary works
Subject to regulation 48(2), nothing in this Part applies in relation to extended sanitary works of a relevant serviced property.
SCHEDULE 1—FORMS
FORM 1
Regulation 6
Water Act 1989
(Section 113(1) and (3))
PRIMARY RETURN
(Surname of member or nominated officer)
(Given name(s) of member or nominated officer)
(Name of water corporation)
Details of registrable interest as at the date of this return:
1. The name of any company or other body, corporate or unincorporate, in which you held any office whether as director or otherwise at the date of this return.
2. The name or description of any company, partnership, association or other body in which you hold a beneficial interest exceeding $2000 in value.
3. The address or description of any land in a district of the water corporation or in a district which adjoins a district of the water corporation in which you hold any beneficial interest (other than by way of security for any debt).
4. A concise description of any trust in which you hold a beneficial interest or of which you are a trustee and a relative holds a beneficial interest.
5. Any other substantial interest (whether of a pecuniary nature or not) of yours or of a relative of which you are aware and which you ought reasonably to consider might appear to raise a material conflict between your private interest and your public duty as a member or nominated officer (as the case may be).
Signature of person making return:
Date:
FORM 2
Regulation 7
Water Act 1989
(Section 113(4))
ORDINARY RETURN
(Surname of member or nominated officer)
(Given name(s) of member or nominated officer)
(Name of water corporation)
Details of registrable interests in relation to the return period:
1. The name of any company or other body, corporate or unincorporate, in which you held an office as director or otherwise.
2. The name or description of any company, partnership, association or other body in which you hold a beneficial interest exceeding $2000 in value.
3. The address or description of any land in a district of the water corporation or in a district which adjoins a district of the water corporation in which you hold any beneficial interest (other than by way of security for any debt).
4. A concise description of any trust in which you hold a beneficial interest or of which you are a trustee and in which a relative holds a beneficial interest.
5. Particulars of any gift of $2000 or more in value received by you from a person other than a relative.
6. Any other substantial interest (whether of a pecuniary nature or not) of yours or of a relative, of which you are aware and which you ought reasonably to consider might appear to raise a material conflict between your private interest and your public duty as a member or nominated officer (as the case may be).
7. If you have previously submitted one or more ordinary returns you must disclose in any subsequent ordinary return, any change in the information disclosed in the last return and any additional information in respect of a registrable interest.
Signature of person making return:
Date:
FORM 3
Regulation 8
Water Act 1989
(Section 115(2))
APPLICATION TO INSPECT REGISTER OF INTERESTS
(Surname) (Given name(s))
(Address) (Postcode)
Telephone Number:
I, the undersigned, apply under section 115 of the Water Act 1989, to the (Name of water corporation) to inspect the register of interests maintained under section 115 of the Act relating to:
(Name(s) of person(s) whose return(s) is/are to be inspected).
(Signed) (Dated)
FORM 4
Regulation 9(2)
Water Act 1989
(Section 159)
NOTICE OF DISPOSITION OF LAND
PERSONAL DETAILS OF TRANSFEROR
1.Full name of transferor and if applicable, name of trustee and trust and ACN or ABN:
2.Address of transferor at time of transfer:
3.Address for future correspondence for transferor:
4.Email and telephone number of transferor:
PERSONAL DETAILS OF TRANSFEREE
5.Full name of transferee and if applicable, name of trustee and trust and ACN or ABN:
6.Known address of transferee at the time of the transfer:
7.Address for future correspondence for transferee:
8.Email and telephone number of transferee:
DETAILS OF THE LAND
9.Flat or unit number, street number, name of street or road, suburb, town or district, postcode:
10.Lot number and plan number:
11.Crown allotment number:
12.Volume and folio number:
13.Section or portion, parish:
14.Area of the land:
15.Description of land—property code: [insert relevant code number in the Table at the end of this Form to describe the use of the land]
Note: If the land falls within more than one description in the Table please enter the code numbers that describe the uses of the land.
TRANSFER DETAILS
16.Date of contract (if applicable):
17.Date of possession or transfer of the land, whichever is the earlier date:
CONTACT DETAILS AND CERTIFICATION
18.Name, email and telephone number of transferor's Australian legal practitioner, licensed conveyancer or agent (if any):
19.Name, email and telephone number of transferee's Australian legal practitioner, licensed conveyancer or agent (if any):
20.I, being the transferor of the land that is the subject of this Notice, certify that the particulars contained in this Notice are true and correct to the best of my knowledge.
*Signature of transferor:
*Signature of Australian legal practitioner, licensed conveyancer or agent acting on behalf of the transferor:
Date:
*Delete if inapplicable.
Table—Property code numbers for description of land
| Residential vacant land | |
| 100 | Vacant land |
| 101 | Development land |
| 102 | Subdivisional land |
| 103 | Rural lifestyle land |
| Residential | |
| 110 | Dwelling |
| 112 | Row house/terrace |
| 117 | Rural lifestyle dwelling |
| 120 | Unit freestanding |
| 125 | Flat multi‑storey |
| 126 | Car park |
| 140 | Retirement unit |
| 141 | Retirement complex |
| 142 | Aged Care complex |
| Commercial | |
| 200 | Vacant land |
| 210 | Single retail |
| 211 | Multi. retail |
| 212 | Mixed use retail |
| 213 | Shopping centre |
| 214 | National retail |
| 215 | Service station |
| 216 | Multi-service station |
| 220 | Office premises |
| 230 | Hotel/motel |
| 234 | Caravan park |
| 240 | Licensed premises/restaurant |
| 250 | Entertainment complex |
| 251 | Cinema complex |
| 270 | Health surgery |
| 271 | Health clinic |
| 275 | Veterinary clinic |
| 280 | Ground parking |
| 281 | Multi-level parking |
| 284 | Car yard |
| Industrial | |
| 300 | Vacant land |
| 310 | Factory |
| 311 | Processing factory |
| 320 | General warehouse |
| 321 | Open storage |
| 325 | Coolstore/coldstore |
| 331 | Abattoirs |
| Extractive industries | |
| 410 | Sand |
| 411 | Gravel/stone |
| 412 | Manufacturing materials |
| 413 | Soil |
| Primary production | |
| 500 | Native bushland |
| 510 | Cropping |
| 520 | Domestic grazing |
| 521 | Non-native animals |
| 522 | Native animals |
| 523 | Sheep |
| 524 | Beef cattle |
| 525 | Dairy cattle |
| 540 | Cattle feed lot |
| 541 | Poultry |
| 544 | Horse stud/stables |
| 545 | Piggery |
| 546 | Kennel/cattery |
| 550 | Market garden |
| 551 | Orchard/groves |
| 561 | Vineyard |
| 562 | Plant/nursery |
| Infrastructure | |
| 600 | Vacant land |
| 610 | Gas/fuel wells |
| 620 | Power station |
| Community services | |
| 710 | Public hospital |
| 711 | Private hospital |
| 720 | Kindergarten |
| 721 | Government school |
| 722 | School camps |
| 723 | Private school |
| 725 | University |
| 726 | TAFE |
| 740 | Place of worship |
| 750 | Hall |
| Sport | |
| 800 | Vacant land |
| 820 | Indoor sports |
| 821 | Outdoor sports |
═════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Water (General) Regulations 2021, S.R. No. 14/2021 were made on 10 March 2021 by the Governor in Council under sections 119 and 324 of the Water Act 1989, No. 80/1989 and came into operation on 10 March 2021: regulation 3.
The Water (General) Regulations 2021 will sunset 10 years after the day of making on 10 March 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Water (General) Regulations 2021 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Water (General) Amendment Regulations 2025, S.R. No. 59/2025
Date of Making: 17.6.25 Date of Commencement: Regs 6–10 on 21.6.25: reg. 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Reg. 4(a): S.R. No. 13/2011.
[2] Reg. 4(b): S.R. No. 79/2011 as amended by S.R. No. 99/2014.
[3] Reg. 4(c): S.R. No. 99/2014.
[4] Reg. 4(d): S.R. No. 74/2020.
[5] Reg. 4(e): S.R. No. 75/2020.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59 and for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
0
0
0