Water (Governance) Act 2006 (Vic)
Water (Governance) Act 2006
Act No. 85/2006
table of provisions
Section Page
Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—Amendments to the Water Act 1989
3.Definitions
4.Repeal of reference
5.Repeal of reference
6.Copy of management plan to be given to Melbourne Water Corporation
7.Statute Law Revision
8.Transfer of ownership of water share
9.Limited term transfers
10.Assignments of water allocations under water shares
11.Further assignments of water allocations under water shares
12.Ministerial approval for transfers etc.
13.Division of water shares
14.Consolidation of water shares
15.Insertion of new section 33ABA
33ABA.Cancellation where rights outside declared water system are obtained
16.Service provision fees
17.Statute Law Revision
18.Obligations on cessation of ownership or occupation of land
19.Obligations on cancellation of water-use registration
20.Substitution of section 33AV
33AV.Effect of death of owner of water share or holder of limited term transfer
21.Application of Division 1 of Part 4—MWC
22.Application for bulk entitlement—MWC
23.Repeal of reference to storage operator in section 43
24.Repeal of references to storage operators in section 43A
25.Conversion of bulk entitlement—MWC
26.Definitions for environmental entitlements
27.Insertion of new section 48BA
48BA.Authorisation of entitlement
28.Amendment of entitlement
29.Insertion of new section 48KA
48KA.Water allocations may be applied for other environmental entitlements
30.Assignment of water allocation under environmental
entitlement31.Further assignment of water allocation under environmental entitlement
32.Ministerial approvals
33.Insertion of new sections 48PA and 48PB
48PA.Applications under this Division
48PB.Power of environment Minister to delegate
34.Application for licence to go to Melbourne Water Corporation
35.Insertion of new section 61A
61A.Cancellation of licence where water share obtained
in declared water system
36.Repeal of Division 3 of Part 4
37.Repeal of reference
38.Offence to use water without licence or registration
39.Further offences for water use
40.Obligations of Minister in granting water-use licences
41.Licence applications
42.Applications under section 64AI
43.Power to register water-uses
44.Applications for water-use registrations
45.Applications under section 64AU
46.Works licences
47.Application for works licence to go to Melbourne Water Corporation
48.Works licence conditions
49.Applications under section 73A
50.Insertion of new section 84JA
84JA.Recording of surrender of limited term transfer
51.Recording of survivor of joint owners of water share
52.Statute Law Revision
53.Statute Law Revision
54.Substitution of Part 6
Part 6—Water corporations
Division 1—Establishment, Restructuring, Abolition and Administration of Water Corporations
85.Establishment of water corporations
86.Application of Public Administration Act 2004
87.Restructuring of water corporations
88.Abolition of water corporations
89.Publication of determinations as to establishment, restructuring and abolition
90.Effect of Schedule 2
91.Appointment of administrator
Division 2—Functions, Powers, Duties and Objectives of Water Corporations
92.Functions, powers and duties of water corporations
93.Sustainable management principles for water corporations
94.Business objective for water corporations
Division 3—Boards of Directors
95.Board of directors
96.Other duties not affected
97.Appointment of members of board of directors
98.Terms and conditions of appointment of members of board of directors
99.Managing Director
100.When a member of the board of directors of a water corporation ceases to hold office
101.Removal from office of member of the board of
directors102.Acting Managing Director
103.Removal of managing director
104.Chairperson
105.Deputy chairperson
106.Acting appointments
107.Validity of decisions
108.Improper use of information
109.Effect of pecuniary interests
110.What constitutes a pecuniary interest?
111.Pecuniary interest does not prevent voting and consideration of some questions
112.Effect of finding of guilt for offence against
section 109113.Submission of returns by members of the board and nominated officers
114.Information to be disclosed in primary and ordinary returns
115.Water corporation to maintain register
116.Contracts of insurance
117.Allowances
118.Expenses
119.Employment of officers of water corporations
120.Meetings and proceedings at meetings of the boards
of directors121.Validity of decisions of board of directors of water corporation
122.Special meetings
122A.Resolutions without meetings
Division 4—Other Provisions Relating to Water Corporations
122B.Powers of delegation of water corporations
122C.Committees established by the board of directors of
a water corporation122D.Incorporated committees
122E.Regulation making powers
Division 5—Particular Water Corporations
122F.Additional function of Central Gippsland Region
Water Corporation
Part 6A—Districts and Land Management Areas
Division 1—Continuation of Districts
122G.Continuation of districts
122H.Waterway management district of Melbourne Water Corporation
122I.Transfer of assets on inclusion or diminution of land
in waterway management district of Melbourne Water Corporation
Division 2—New Irrigation and Waterway Management Districts
122J.New irrigation districts
122K.New waterway management districts
Division 3—New and Extended Water Districts and
Sewerage Districts and Extended Irrigation Districts and Waterway Management Districts122L.Non-application of Division
122M.Submission of proposal for establishment or extension
of district122N.Restrictions on areas for which proposals for new or extended districts may be made
122O.Form of proposal
122P.Advertising proposal
122Q.Submissions
122R.Final determination of Authority
122S.Ministerial determination
122T.Ministerial declaration
122U.Areas of interest
122V.Advertising proposal for declaration
122W.Powers of Authority in area of interest
Division 4—Changes to Existing Districts
122X.Non-application of Division
122Y.Power of Authorities to change districts
122Z.Power of Minister to change districts
Division 5—Environmental and Recreational Areas
122ZA.Environmental and recreational areas
122ZB.Functions of Authority in area
122ZC.Contributions by public authorities
122ZD.Revenue from land
122ZE.Limitation of exercise of powers under this Division
122ZF.Regulation making powers as to areas
Part 6B—Duties of Water Corporations
Division 1—Customer Dispute Resolution
122ZG.Customer dispute resolution
Division 2—Dividends
122ZH.Dividends
Division 3—Repayment of Capital
122ZI.Repayment of capital
Division 4—Annual Report
122ZJ.Information to be included in annual report
Part 6C—Storage Managers
122ZK.Appointment of storage managers
122ZL.Functions of storage managers
122ZM.Management agreements for water storages
122ZN.Powers for storage managers to charge fees
55.Ministerial approval of abandonment or decommissioning of works
56.Insertion of new sections 139A to 139E
139A.Submission of proposal for approval of the
abandonment or decommissioning of major works139B.Notification of proposal to approve the abandonment
or decommissioning of major works
139C.Submissions on proposal
139D.Authority to consider submissions
139E.Appointment of panel by Minister
57.Insertion of new section 141A
141A.Circumstances in which Melbourne Water Corporation to continue water supply
58.Serviced properties
59.Insertion of new section 144A
144A.Serviced property, Melbourne Water Corporation
60.Structures near works
61.Notice of intention to affect works
62.By-laws
63.Repeal of section 161
64.Repeal of reference
65.Insertion of new heading
66.Application of Division 1 of Part 8
67.Water supply functions not to include storage management functions
68.Insertion of new section 170CA
170CA.Requirement to publish permanent water saving plan
69.By-laws—to include power to serve infringement notices
70.Repeal of reference
71.Insertion of new Division 2 in Part 8
Division 2—Melbourne Water Corporation
171B.Water supply function of Melbourne Water
Corporation171C.System access
171D.Fire plugs and free water—Melbourne Water Corporation
171E.Power to enter land for water supply protection
171F.Notice of contravention for water supply protection
171G.Immediate action for water supply protection
171H.By-laws
171I.Limitation on power to make by-laws
72.Insertion of new division heading in Part 9
73.Substitution of section 172
172.Definitions
74.Functions of Authorities under Part 9
75.Repeal of reference
76.Repeal of reference
77.Insertion of new Division in Part 9
Division 2—Melbourne Water Corporation
184A.Sewerage functions of Melbourne Water Corporation
184B.Application of certain provisions of Division 1 of
Part 9
78.Designated waterways—Authorities
79.Insertion of new section 188A
188A.Designated waterways, land or works—Melbourne Water Corporation
80.Repeal of redundant sections
81.Owner finance
82.Finance for increased use of services
83.Application of Division 3 of Part 10
84.Drainage functions of Melbourne Water Corporation
85.Application of Division 4 of Part 10
86.Floodplain management functions of Melbourne Water Corporation
87.Declarations of flood levels etc.
88.Declarations of floodway areas etc.
89.Notice of declaration
90.Control of works and structures
91.Removal of existing works and structures
92.Availability of information
93.Revision of outdated reference
94.Repeal of reference and Statute Law Revision
95.Powers of Authorities
96.Mortgagee consent
97.Documents to accompany applications under Part 11
98.Repeal of reference
99.Repeal of reference
100.Repeal of reference
101.Repeal of reference
102.Repeal of reference
103.Corporate plans
104.Insertion of new sections 250 and 251
250.Board to notify Minister and Treasurer of significant affecting events etc.
251.Report on achievement of corporate plan
105.Borrowing power of Melbourne Water Corporation
106.Definitions—Division 5 of Part 13
107.Properties subject to tariff
108.Tariffs
109.Repeal of certain requirements as to tariffs
110.Repeal of section 260A(2)
111.Power to fix fees under tariffs by reference to valuations used
for price determinations112.Insertion of section heading
113.Grounds for applications for review
114.Insertion of new section 266A
266A.Definition
115.Review of required payments
116.Application of Division 7
273AA.Application of Division
117.Time period for payment of fees under tariffs
118.Insertion of new Division 7A of Part 13
Division 7A—Payment and Recovery of Money Owed to Melbourne Water Corporation
281A.Agreements with respect to collection of fees under tariffs
281B.Recovery of fees under tariffs
281C.Inspection of rate records
119.Application of proceeds of disposal of water share
120.Insertion of new Parts 13A and 13B
Part 13A—Process for Transfer of
Property etc. of Authorities287E.Definitions
287F.Application to Minister for approval of transfer
proposal287G.Amendment of allocation statement
287H.Property transferred in accordance with allocation statement
287I.Staff transferred in accordance with allocation
statement287J.Allocation of property etc. subject to encumbrances
287K.Certificate of managing director
287L.Value of transferred property
287M.Substitution of party to agreement
287N.Former transferor instruments
287O.Proceedings
287P.Interests in land
287Q.Easements
287R.Amendment of Register
287S.Taxes
287T.Evidence
287U.Validity of things done under this Part
Part 13B—PROCEDURES FOR MAKING BY‑LAWS
Division 1—Preliminary
287V.Definitions
287W.Authorities required to use certain procedures when making by-laws
Division 2—Procedure for Making By-laws Using Model By‑laws
287X.Requirements for Minister when issuing model
by-laws287Y.Minister to give notice of proposed model by-law
287Z.Inspection of proposed model by-law
287ZA.Submissions on model by-laws
287ZB.Issuing of model by-laws
287ZC.Making and giving of notice of making of by-law
using model by-law
Division 3—Procedure for Making By-laws Not Using
Model By-laws287ZD.Obligation of Authorities when exercising by-law making power
287ZE.Authority to give notice of proposed by‑law
287ZF.Inspection of proposed by-law
287ZG.Submissions on by-laws
287ZH.Consideration and Ministerial approval
287ZI.Making and giving of notice of making
Division 4—General
287ZJ.Effect of by-laws
287ZK.Inspection of by-laws
287ZL.Automatic revocation of by-laws
121.Insertion of new section 295A
295A.Power to issue infringement notices
122.Service of documents
123.Incorporation of plans etc. in other instruments
124.Change of cross-reference
125.Ministerial directions
126.Insertion of new section 307A
307A.Reimbursement of cost of complying with directions
127.Guidelines as to terms and conditions of employment
128.Insertion of new section 324A
324A.Powers to make regulations as to elections
129.Insertion of new sections 325A and 330A
325A.Effect of Schedule 15
330A.Effect of Schedule 16
130.Insertion of new sections 332 and 333
332.Transitional and validation provision—Longwarry Drainage Trust
333.Amendment of Register
131.Substitution of Schedule 1
SCHEDULE 1—Water Corporations and Former Water Authorities
132.Substitution of Schedule 2
SCHEDULE 2—Transitional Provisions Applying on Restructuring or Abolition of Water Corporations
133.Substitution of Schedule 3
SCHEDULE 3—Particular Powers of Melbourne Water Corporation
134.Amendment of Schedule 6—First Mildura Irrigation Trust
135.Repeal of Schedules relating to former bodies
136.Repeal of Schedules 11 and 12
137.Amendment of Schedule 12A—mortgages
138.Schedule 15, amendment of definition of owner
139.Schedule 15, conversion of prior joint right
140.Schedule 15, conversion of prior water right
141.Amendment of Schedule 15—correction of reference
142.Schedule 15, conversion of prior domestic and stock right
143.Amendment of Schedule 15—correction of reference
144.Schedule 15, holdings to which no rights apply
145.Schedule 15, serviced property
146.Schedule 15, mortgages
147.Schedule 15, works licences
148.Insertion of new Schedule 16
SCHEDULE 16—Transitional Arrangements Water (Governance) Act 2006
Part 3—Amendments to the Catchment and Land Protection Act 1994
149.Definitions
150.Amendment of headings
151.Substitution of sections 11 to 14
Division 3—Catchment Management Authorities
11.Establishment of Authorities
12.Functions powers and duties of Authorities
13.Appointment of administrator
14.Application of Public Administration Act 2004
Division 4—Boards
15.Board
16.Function of boards
17.Terms and conditions of appointment of members of boards
18.Appointment of chairperson
18A.Deputy chairperson
18B.Acting appointments
18C.When a member ceases to hold office
18D.Removal from office of member
18E.Validity of decisions
18F.Improper use of information
18G.Effect of pecuniary interests
18H.What constitutes a pecuniary interest?
18I.Pecuniary interest does not prevent voting and consideration of some questions
18J.Effect of finding of guilt for offence against
section 18G18K.Submission of returns by members and nominated officers
18L.Information to be disclosed in primary and ordinary returns
18M.Authority to maintain a register
18N.Proceedings of the board of an Authority
18O.Special meetings
18P.Resolutions without meetings
18Q.Allowances
18R.Expenses
152.Repeal of redundant heading
153.Immunity
154.Insertion of new Division 5 of Part 2 of the Catchment and Land Protection Act 1994
Division 5—Other Provisions Relating to Catchment Management Authorities
19A.Power of Minister to give directions
19B.Annual report
19C.Corporate plans
19D.Statement of corporate intent: contents
19E.Statements of obligations of Authorities
19F.Powers of delegation of an Authority
19G.Chief Executive Officer
19H.Delegation of powers of Chief Executive Officer
19I.Employment of officers of Authorities
19J.Committees established by Authorities
155.Repeal of section 30(4)
156.Amendment of Part heading
157.Insertion of new section 95A
95A.Incorporation of documents in certain subordinate instruments
158.Substitution of sections 96 to 102
96.Definition
97.Validation of certain orders or other instruments
98.Catchment Management Authorities deemed to be the same body
159.Consequential repeal of Schedules 1, 4 and 6
Part 4—Amendment and Repeal of Other Acts
160.Delegations to Catchment Management Authorities—Conservation, Forests and Lands Act 1987
161.Insertion of new section 7AB in the Limitation of Actions Act 1958
7AB.No title by adverse possession against water authorities etc.
162.Repeal of Melbourne Water Corporation Act 1992
163.Repeal of Melbourne and Metropolitan Board of Works Act 1958
164.Repeal of reference to water authorities in Public Authorities (Dividends) Act 1983
165.Amendment of Road Management Act 2004
166.Insertion of new section 60A in the Water Industry Act 1994
60A.Power to issue infringement notices
167.Insertion of new section 77A in the Water Industry Act 1994
77A.Annual report of certain information to be given to Minister and tabled
168.Plan to contain 4 stages of restrictions and prohibitions—section 78B of Water Industry Act 1994
169.Implementation of plan—section 78G of Water Industry Act 1994
170.Section 78H substituted and new section 78HA inserted in
Water Industry Act 1994
78H.Contravention of plan
78HA.Power to serve an infringement notice
171.Amendment of Water (Resource Management) Act 2005—payment of compensation
172.Amendment of Valuation of Land Act 1960
173.Effect of Schedule
Part 5—Amendments to the Werribee South Land Act 1991
174.Long-term marina development leases
175.Effect of Schedule 2
__________________
SCHEDULES
SCHEDULE 1—Consequential Amendments
SCHEDULE 2—Amendment to Werribee South Land Act 1991
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Endnotes
Water (Governance) Act 2006
[Assented to 17 October 2006]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purposes
The purposes of this Act are—
(a)to amend the Water Act 1989 to make provision for water corporations and to make other amendments to that Act; and
(b)to amend the Catchment and Land Protection Act 1994 to make further provision in relation to Catchment Management Authorities and to make other amendments to that Act; and
(c)to repeal the Melbourne and Metropolitan Board of Works Act 1958 and the Melbourne Water Corporation Act 1992; and
(d)to make amendments to the Conservation, Forests and Lands Act 1987, the Limitation of Actions Act 1958, the Public Authorities (Dividends) Act 1983, the Road Management Act 2004, the Water Industry Act 1994, the Valuation of Land Act 1960 and the Water (Resource Management) Act 2005; and
(e)to amend the Werribee South Land Act 1991 to make further provision for leasing powers under that Act and to make other related amendments to that Act.
2.Commencement
(1)Section 1, this section and section 161 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in sub-section (2) does not come into operation before 1 July 2007, it comes into operation on that day.
__________________
Part 2—Amendments to the Water Act 1989
3.Definitions
In section 3(1) of the Water Act 1989—
(a)insert the following definitions
' "area of interest", in relation to a water corporation, means an area of land that is declared to be an area of interest under section 122U;
"biosolids" means stabilised organic solids derived from the treatment of sewage;
"board of directors" means—
(a)in relation to a water corporation, the board of directors established under Division 3 of Part 6 for that corporation; and
(b)in relation to a Catchment Management Authority, the board established under Division 4 of Part 2 of the Catchment and Land Protection Act 1994 for that Authority;
"Central Gippsland Region Water Authority" means the Central Gippsland Region Water Authority constituted by Order made on 16 December 1994 by the Minister and published in the Government Gazette on 19 December 1994;
"central plan office" means the Central Plan Office of the Department of Sustainability and Environment;
"designated land" means land that—
(a)in relation to an Authority, other than Melbourne Water Corporation, is declared under section 188 as designated land; and
(b)in relation to Melbourne Water Corporation, is designated land under section 188A;
"designated waterway" means a waterway that—
(a)in relation to an Authority, other than Melbourne Water Corporation, is declared under section 188 as a designated waterway; and
(b)in relation to Melbourne Water Corporation, is a designated waterway under section 188A;
"designated works" means works that—
(a)in relation to an Authority, other than Melbourne Water Corporation, are declared under section 188 as designated works; and
(b)in relation to Melbourne Water Corporation, are designated works under section 188A, or are declared as designated works under that section;
"environment Minister" means the Minister administering Part 4 of the Catchment and Land Protection Act 1994;
"First Mildura Irrigation Trust" means the water corporation known as First Mildura Irrigation Trust;
"municipal district", in relation to a Council, has the same meaning as in the Local Government Act 1989;
"nominated officer" means each senior officer of a water corporation who is nominated by the water corporation;
"return period", in relation to the ordinary return of a member of the board of directors of a water corporation or a nominated officer in section 114, means—
(a)if the last return of the member or nominated officer was a primary return, the period between the date of the primary return and the next 30 June; or
(b)if the last return of the member or nominated officer was an ordinary return, the period between the date of the ordinary return and the next 30 June;
"storage manager" means—
(a)where an Authority is appointed under Part 6C as a storage manager, the Authority in relation to any land for which it is so appointed;
(b)in any other case, an Authority where it is exercising the functions of a storage manager under Part 8;
"water corporation" means a water corporation established or re-structured under Division 1 of Part 6;';
(b)for the definition of "Authority" substitute—
' "Authority" means a water corporation or a Catchment Management Authority;';
(c)in the definition of "domestic partner", in paragraph (a) for "93 and 95" substitute "110 and 114";
(d)the definition of "election" is repealed;
(e)for the definition of "irrigation district" substitute—
' "irrigation district", in relation to an Authority, means—
(a)any district that the Authority is deemed to have as an irrigation district under Division 1 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; and
(b)any district that is declared to be an irrigation district of the Authority under Division 2 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A;';
(f)for the definition of "Melbourne Water" substitute—
' "Melbourne Water Corporation" means the water corporation known as Melbourne Water Corporation;';
(g)the definition of "member" is repealed;
(h)the definition of "secretary" is repealed;
(i)in the definition of "serviced property", after paragraph (g) insert—
"(h)in relation to the waterway management district of Melbourne Water Corporation, means any land that is serviced property under section 144A;";
(j)for the definition of "sewerage district" substitute—
' "sewerage district", in relation to an Authority, means—
(a)any district that the Authority is deemed to have as a sewerage district under Division 1 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; and
(b)any district that is declared to be a sewerage district of the Authority under Division 3 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A;';
(k)for the definition of "water allocation" substitute—
' "water allocation"—
(a)in relation to an environmental entitlement, means the volume of water determined under a seasonal determination to be available for the entitlement;
(b)in relation to a water share, means the amount of water allocated to the water share at any particular time, in accordance with Division 7 of Part 3A;';
(l)for the definition of "water district" substitute—
' "water district", in relation to an Authority, means—
(a)any district that the Authority is deemed to have as a water district under Division 1 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; and
(b)any district that is declared to be a water district of the Authority under Division 3 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A;';
(m)for the definition of "waterway management district" substitute—
' "waterway management district", in relation to an Authority, means—
(a)any district that the Authority is deemed to have as a waterway management district under Division 1 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; and
(b)any district that is declared to be a waterway management district of the Authority under Division 3 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A;'.
4.Repeal of reference
Sections 9(1)(b) and 9(1)(c) of the Water Act 1989 are repealed.
5.Repeal of reference
In section 22M(a) of the Water Act 1989 omit "or Catchment Management Authority".
6.Copy of management plan to be given to Melbourne Water Corporation
In section 32C(2) of the Water Act 1989—
(a)in paragraph (b), for "in the area." substitute "in the area; and";
(b)at the end of the sub-section insert—
"(c)Melbourne Water Corporation, if the area is wholly or partly in the waterway management district of Melbourne Water Corporation.".
7.Statute Law Revision
In section 32G(2)(c) of the Water Act 1989, for "that amendment" substitute "amendment".
8.Transfer of ownership of water share
For section 33S(2)(b) of the Water Act 1989 substitute—
"(b)in any other case, one of the owners of the water share must not transfer his or her ownership of the water share without the consent of each of the other owners of the water share.".
9.Limited term transfers
(1)In section 33T(1) of the Water Act 1989, after "water-use registration" insert "or of land in another State or a Territory of the Commonwealth".
(2)After section 33T(4) of the Water Act 1989 insert—
"(5)The holder of a limited term transfer may surrender the limited term transfer.".
10.Assignments of water allocations under water shares
(1)In section 33U(1) of the Water Act 1989, for "to a person who is the owner or occupier of land specified in a water-use licence or water-use registration" substitute—
"to—
(a)a person who is the holder of a bulk entitlement; or
(b)a person who is the owner or occupier of land specified in a water-use licence or water-use registration; or
(c)a person who is the owner or occupier of land in another State or a Territory of the Commonwealth; or
(d)a person who represents the Crown in right of another State or a Territory of the Commonwealth; or
(e)the environment Minister on behalf of the Crown.".
(2)After section 33U(1) of the Water Act 1989 insert—
"(1A)A person who, as a result of the operation of section 33S(3), has a water allocation available to that person, may assign the whole or a part of the water allocation to—
(a)a person who is the holder of a bulk entitlement; or
(b)a person who is the owner or occupier of land specified in a water-use licence or water-use registration; or
(c)a person who is the owner or occupier of land in another State or a Territory of the Commonwealth; or
(d)a person who represents the Crown in right of another State or a Territory of the Commonwealth; or
(e)the environment Minister on behalf of the Crown.".
(3)In section 33U(3) of the Water Act 1989, for "water allocations under the water share" substitute "water under the water allocation under the water share".
(4)In section 33U(4) of the Water Act 1989, for "the taking of water" substitute "water to be received".
11.Further assignments of water allocations under water shares
(1)In section 33V(1) of the Water Act 1989, for "the assigned water allocation to the owner or occupier of land specified in a water-use licence or water-use registration" substitute—
"the assigned water allocation to—
(a)a person who is the holder of a bulk entitlement; or
(b)a person who is the owner or occupier of land specified in a water-use licence or water-use registration; or
(c)a person who is the owner or occupier of land in another State or a Territory of the Commonwealth; or
(d)a person who represents the Crown in right of another State or a Territory of the Commonwealth; or
(e)the environment Minister, on behalf of the Crown.".
(2)After section 33V(2) of the Water Act 1989 insert—
"(3)An assignment under this section entitles the holder of the assignment to receive water under the water allocation under the water share from the date specified in the assignment.".
12.Ministerial approval for transfers etc.
(1)In section 33X(3) of the Water Act 1989, after "sub-section (1)" insert "(a)".
(2)In section 33X(5) of the Water Act 1989, for "this section" substitute "sub-section (1)(a) or (b)".
13.Division of water shares
For section 33Y(2) and (3) of the Water Act 1989 substitute—
"(2)In granting an application under sub-section (1), the Minister must consider any relevant rules made under Division 13.
(3)On the division of a water share under sub-section (1), any mortgage that applied to the water share immediately before that division is, on and from the division, deemed to apply—
(a)in the case of the cancellation of the old share under sub-section (1)(a), to each new share that is issued; or
(b)in the case of the variation of one share and the issue of one or more new shares under sub-section (1)(b), to the share that is varied and to each new share that is issued.".
14.Consolidation of water shares
Section 33Z(3)(b) of the Water Act 1989 is repealed.
15.Insertion of new section 33ABA
After section 33AB of the Water Act 1989 insert—
"33ABA.Cancellation where rights outside declared water system are obtained
(1)A person who is the owner of a water share may apply to the Minister for the water share to be cancelled on the issuing of a right in a non-declared water system.
(2)The Minister, in cancelling a water share under this section must consider any relevant rules under Division 13.".
16.Service provision fees
For section 33AJ(1) of the Water Act 1989 substitute—
"(1)Each Authority that provides services to the owners of water shares, that are services provided in relation to the water shares may make a determination for or with respect to fees to be paid by the owner of the water share for the provision of those services including but not limited to—
(a)obligations as to the payment of any such fees; and
(b)the amount of any such fees.".
17.Statute Law Revision
In section 33AR(6) of the Water Act 1989, for "sub-section (4)" substitute "sub-section (1)".
18.Obligations on cessation of ownership or occupation of land
In section 33AS(3) of the Water Act 1989, for "who owns an associated water share in respect of which notice has been given to the Minister under this section" substitute "who owns a water share that is an associated water share, who ceases to be the owner or occupier of the land that is associated with the water share".
19.Obligations on cancellation of water-use registration
(1)In the heading to section 33AU of the Water Act 1989, omit "revocation or".
(2)In section 33AU(1) of the Water Act 1989—
(a)in paragraph (a), omit "revoked or";
(b)in paragraph (b)(ii), omit "or revocation".
20.Substitution of section 33AV
For section 33AV of the Water Act 1989 substitute—
"33AV.Effect of death of owner of water share or holder of limited term transfer
(1)On the death of a person who is the sole owner of a water share, the share forms part of the estate of that person.
(2)On the death of a person who owns a water share as a joint tenant with other persons, the remaining owners of the water share become the joint owners of the share.
(3)On the death of a person who owns a water share as a tenant in common with other persons, that person's portion of the water share becomes part of the estate of that person.
(4)On the death of a person who is the sole holder of a limited term transfer, the transfer forms part of the estate of that person.
(5)On the death of a person who holds a limited term transfer as a joint tenant with other persons, the remaining holders of the limited term transfer become the joint holders of the transfer.
(6)On the death of a person who holds a limited term transfer as a tenant in common with other persons, that person's portion of the limited term transfer becomes part of the estate of that person.".
21.Application of Division 1 of Part 4—MWC
After section 35(2) of the Water Act 1989 insert—
"(3)Melbourne Water Corporation may, in relation to any entitlement to take water that it has and that is continued by clause 14 of Schedule 16, apply in accordance with section 47 to have that entitlement converted to an entitlement under this Division.".
22.Application for bulk entitlement—MWC
Section 36(1)(d) of the Water Act 1989 is repealed.
23.Repeal of reference to storage operator in section 43
In section 43(c) of the Water Act 1989, for "operator" substitute "manager".
24.Repeal of references to storage operators in section 43A
(1)For the heading to section 43A of the Water Act 1989 substitute—
"Appointment of resource managers and environmental managers".
(2)Section 43A(1)(a) of the Water Act 1989 is repealed.
25.Conversion of bulk entitlement—MWC
In section 47(1) of the Water Act 1989, after "35(2)" insert "or section 35(3)".
26.Definitions for environmental entitlements
In section 48A of the Water Act 1989—
(a)insert the following definition—
' "apply", in relation to water, includes the taking or use of water;';
(b)the definition of "environment Minister" is repealed.
27.Insertion of new section 48BA
After section 48B of the Water Act 1989 insert—
"48BA.Authorisation of entitlement
An environmental entitlement authorises—
(a)the holder of the entitlement to apply any water allocation under the entitlement (other than a water allocation that has been assigned under section 48L or 48M) for the purpose set out in section 48B(2); or
(b)a person to whom a water allocation has been assigned under section 48L or 48M to apply any water allocation that has been assigned to that person for any purpose (whether or not it is a purpose set out in section 48B(2)).".
28.Amendment of entitlement
For section 48K(1), (2) and (3) substitute—
"(1)The Minister, at the request of the environment Minister, may amend an entitlement under this Division.
(2)The environment Minister must not request an amendment to an entitlement under this Division unless he or she is of the opinion that the amendment would benefit the environmental water reserve.
(3)An amendment to an entitlement under this section must be made by instrument and published in the Government Gazette.".
29.Insertion of new section 48KA
After section 48K of the Water Act 1989 insert—
"48KA.Water allocations may be applied for other environmental entitlements
The environment Minister, after consulting the Minister, may apply a water allocation (that has been determined by an Authority for an environmental entitlement in a water system) for the purposes of an environmental entitlement that is not the environmental entitlement in the water system for which the water allocation was determined.".
30.Assignment of water allocation under environmental entitlement
(1)In the heading to section 48L of the Water Act 1989, for "allocation of water" substitute "water allocation".
(2)For section 48L(1) of the Water Act 1989 substitute—
"(1)The environment Minister may, by instrument, assign the whole or a part of a water allocation available under an environmental entitlement (at the time at which the assignment is made) to—
(a)a person who is the owner or occupier of land specified in a water-use licence or water-use registration; or
(b)a person who is the owner or occupier of land in another State or a Territory of the Commonwealth; or
(c)a person who represents the Crown in the right of another State or a Territory of the Commonwealth; or
(d)a person who is the holder of a bulk entitlement.
(1A)The environment Minister must not make an assignment under sub-section (1) unless he or she has first obtained the approval of the Minister for the assignment.
(1B)An assignment under this section entitles the holder of the assignment to receive water under the water allocation under the environmental entitlement from the date specified in the assignment.".
31.Further assignment of water allocation under environmental entitlement
(1)In section 48M of the Water Act 1989, for "an allocation of water" substitute "a water allocation".
(2)At the end of section 48M of the Water Act 1989 insert—
"(2)An assignment under this section entitles the holder of the assignment to receive water under the water allocation under the environmental entitlement from the date specified in the assignment.".
32.Ministerial approvals
(1)For section 48O(1) of the Water Act 1989 substitute—
"(1)The Minister may—
(a)on a request from the environment Minister, approve the assigning of a water allocation for the purposes of section 48L; or
(b)on an application by a person, approve the assigning of a water allocation for the purposes of section 48M.".
(2)Section 48O(4) of the Water Act 1989 is repealed.
33.Insertion of new sections 48PA and 48PB
After section 48P of the Water Act 1989 insert—
"48PA.Applications under this Division
An application under this Division—
(a)must be in the form and made in the manner approved by the Minister; and
(b)must be accompanied by the prescribed fee.
48PB.Power of environment Minister to delegate
The environment Minister may delegate, by instrument, any of the environment Minister's functions, powers or duties under this Division other than this power of delegation, to—
(a)a Catchment Management Authority; or
(b)Melbourne Water Corporation; or
(c)the Chief Executive of Parks Victoria; or
(d)the Department Head.".
34.Application for licence to go to Melbourne Water Corporation
For section 51B(c) of the Water Act 1989 substitute—
"(c)Melbourne Water Corporation, if the dam is or will be located in the waterway management district of Melbourne Water Corporation; and".
35.Insertion of new section 61A
After section 61 of the Water Act 1989 insert—
"61A.Cancellation of licence where water share obtained in declared water system
(1)The holder of a licence issued under section 51 may apply to the Minister for the licence to be cancelled on the issuing of a water share in a declared water system.
(2)In cancelling a licence under this section, the Minister must have regard to any relevant rules made under this Division.".
36.Repeal of Division 3 of Part 4
Division 3 of Part 4 of the Water Act 1989 is repealed.
37.Repeal of reference
In section 64I(1) of the Water Act 1989, for "sections 160 and 161" substitute "section 160".
38.Offence to use water without licence or registration
(1)In section 64J(1) of the Water Act 1989, for ", being water that is authorised to be taken under Part 3A," substitute ", being water that is from a declared water system,".
(2)In section 64J(2) of the Water Act 1989, for ", being water that is authorised to be taken under Part 3A," substitute ", being water that is from a declared water system,".
39.Further offences for water use
(1)In section 64K(1) of the Water Act 1989 for "under a water share under Part 3A" substitute "under Part 3A or under an assignment under section 48L or 48M".
(2)In section 64K(3)(c) of the Water Act 1989, for "prescribed documents and information" substitute "documents or information required by the Minister".
40.Obligations of Minister in granting water-use licences
Section 64N(a) of the Water Act 1989 is repealed.
41.Licence applications
In section 64P(d) of the Water Act 1989 for "the prescribed fee" substitute "the fee determined by the Minister".
42.Applications under section 64AI
For sections 64AI(1)(c) and 64AI(1)(d) of the Water Act 1989 substitute—
"(c)be accompanied by any prescribed documents or prescribed information or information or documents required by the Minister; and
(d)be accompanied by the fee determined by the Minister.".
43.Power to register water-uses
In section 64AP of the Water Act 1989 for "(authorised to be taken under Part 3A)" substitute ", being water that is from a declared water system,".
44.Applications for water-use registrations
In section 64AR(2)(d) of the Water Act 1989 for "the prescribed fee" substitute "the fee determined by the Minister".
45.Applications under section 64AU
In section 64AU(3) of the Water Act 1989—
(a)in paragraph (c), for "prescribed document or prescribed information" substitute "documents or information required by the Minister";
(b)in paragraph (d), for "the prescribed fee" substitute "the fee determined by the Minister".
46.Works licences
After section 67(2) of the Water Act 1989 insert—
"(3)This section does not apply to the abandonment or decommissioning of any works of an Authority, if the works are major works.
(4)After consultation with the Minister administering the Conservation, Forests and Lands Act 1987, a licence issued under this section may include authority to enter on any Crown land other than land which is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993 and to install and operate works on that land, under the licence, for the purpose of raising water.
(5)The licensee is liable to compensate any person who suffers any pecuniary loss as a direct, natural and reasonable consequence of the exercise of an authority granted under sub-section (4).
(6)The amount of compensation payable is as agreed by the parties or, in the absence of agreement, as determined by the Tribunal.".
47.Application for works licence to go to Melbourne Water Corporation
For section 67A(d) of the Water Act 1989 substitute—
"(d)Melbourne Water Corporation, if the dam is or will be located in the waterway management district of Melbourne Water Corporation; and".
48.Works licence conditions
After section 71(1) of the Water Act 1989 insert—
"(1A)In addition to any conditions to which a licence under section 67 is subject under sub-section (1), a licence under section 67 is subject to conditions that are prescribed or fixed by the Minister relating to—
(a)the maximum amounts of water which may be taken in particular periods or circumstances from any bore or works to which the licence relates; or
(b)the installation and use of measuring devices and pumps; or
(c)the operation of any bore or works (to which the licence relates) for extracting water from waterways.".
49.Applications under section 73A
In section 73A(3) of the Water Act 1989—
(a)in paragraph (c), for "prescribed document or prescribed information" substitute "documents or information required by the Minister";
(b)in paragraph (d), for "the prescribed fee" substitute "the fee determined by the Minister".
50.Insertion of new section 84JA
After section 84J of the Water Act 1989 insert—
"84JA.Recording of surrender of limited term transfer
(1)If the holder of a limited term transfer surrenders the limited term transfer, that person may lodge with the Registrar a document for a recording of the surrender to be made in the water register in respect of the water share that is the subject of the limited term transfer.
(2)A document lodged under sub-section (1) must be in the approved form.".
51.Recording of survivor of joint owners of water share
For section 84L(3) of the Water Act 1989 substitute—
"(3)On being satisfied as to proof of the death of a joint owner of a water share, the Registrar may make a recording of the transmission by survivorship.".
52.Statute Law Revision
In section 84ZB(4)(c) of the Water Act 1989, for "section 33AB" substitute "section 33AAB".
53.Statute Law Revision
In section 84ZG(a) of the Water Act 1989, for "section 33AC" substitute "section 33S".
54.Substitution of Part 6
For Part 6 of the Water Act 1989 substitute—
'Part 6—Water corporations
Division 1—Establishment, Restructuring, Abolition and Administration of Water Corporations
85.Establishment of water corporations
(1)There are established water corporations each of which is to be known by a name set out in an item in Column 1 of the table in Schedule 1.
(2)The Minister may, by determination, with the approval of the Treasurer, establish a water corporation, if the Minister is satisfied that it is necessary to do so for the purposes of section 87, which is to be known by the name set out in the determination.
(3)Each water corporation established under this section—
(a)is a body corporate with perpetual succession; and
(b)has an official seal; and
(c)may sue and be sued; and
(d)may acquire, hold or dispose of real and personal property; and
(e)may do and suffer all acts and things that a body corporate may by law do and suffer.
(4)All courts must take judicial notice of the seal of a water corporation affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
(5)The official seal of each water corporation must be kept in the custody that is directed by the water corporation and must not be used, except as authorised by the water corporation.
86.Application of Public Administration Act 2004
The Public Administration Act 2004 applies to each water corporation as if that water corporation were a public entity, but not a small entity, within the meaning of that Act, established on or after the commencement of Part 5 of that Act.
87.Restructuring of water corporations
(1)The Minister may, by determination, with the approval of the Treasurer appoint a water corporation to take over the whole or any part of the functions, powers and duties of another water corporation under this Act.
(2)The Minister must not make a determination under sub-section (1) unless—
(a)the Minister has reached agreement with each water corporation that is affected by the determination as to the terms and conditions of the determination; or
(b)the Minister has before making such a determination—
(i)given reasons for the determination to all water corporations affected by the determination; and
(ii)laid a copy of the reasons for the determination before both Houses of the Parliament.
(3)If the water corporation to which section 95(2) applies is restructured under this section, section 95(1) applies to the restructured water corporation and section 95(2) does not apply.
88.Abolition of water corporations
(1)The Minister may, by determination, with the approval of the Treasurer, abolish a water corporation.
(2)The Minister must not make a determination under sub-section (1) unless—
(a)a petition is delivered by a majority of the persons subject to a tariff within the water, sewerage, waterway management and irrigation districts (if any) of the water corporation to the Minister requesting the abolition of the water corporation; or
(b)the water corporation has no functions to perform.
89.Publication of determinations as to establishment, restructuring and abolition
The Minister must publish a determination under section 85(2), 87 or 88 in the Government Gazette.
90.Effect of Schedule 2
Schedule 2 has effect with respect to any determination made under section 87 or 88.
91.Appointment of administrator
(1)The Minister may, by determination, appoint an administrator to carry out the functions of a water corporation, if the water corporation has failed to comply with a direction of the Minister under section 307.
(2)A determination of the Minister under sub-section (1)—
(a)must specify the term for which the Administrator is appointed, which must be not more than 12 months; and
(b)must set out reasons for the actions proposed in it; and
(c)must be published in the Government Gazette; and
(d)must be laid by the Minister before both Houses of Parliament within 5 sitting days of each House after the determination is made.
(3)During the period for which an administrator is appointed under this section, the administrator acts in substitution for the board of directors in performing the functions and duties of the water corporation.
(4)Any defect in relation to the appointment of the administrator does not invalidate that appointment or anything done by the administrator.
(5)On the expiry of a determination under this section the Minister must determine whether or not to—
(a)reinstate to his or her office each member of the board of directors of the water corporation whose term has not expired; or
(b)dismiss each member of the board of directors of the water corporation.
(6)The administrator goes out of office—
(a)if members are reinstated under sub-section (5)(a), at the time of that reinstatement; or
(b)if all the members are dismissed under sub-section (5)(b), on the appointment of new members—
as the case requires.
(7)If the term of appointment of the administrator expires and a determination under sub-section (5) has not been made, members of the board of directors of the water corporation whose term has not expired, are reinstated.
Division 2—Functions, Powers, Duties and Objectives of Water Corporations
92.Functions, powers and duties of water corporations
(1)Each water corporation has the functions, powers and duties conferred on it by or under this or any other Act.
(2)In addition to any other functions conferred on a water corporation by or under this or any other Act, a water corporation has the functions of—
(a)investigating, promoting and conducting research into any matter relating to its other functions, its powers and its duties; and
(b)educating the community about its functions.
(3)Schedule 3 has effect with respect to Melbourne Water Corporation.
93.Sustainable management principles for water corporations
Each water corporation, in performing its functions, exercising its powers and carrying out its duties must have regard to the following principles—
(a)the need to ensure that water resources are conserved and properly managed for sustainable use and for the benefit of present and future generations; and
(b)the need to encourage and facilitate community involvement in the making and implementation of arrangements relating to the use, conservation and management of water resources; and
(c)the need to integrate both long term and short term economic, environmental, social and equitable considerations; and
(d)the need for the conservation of biological diversity and ecological integrity to be a fundamental consideration; and
(e)if there are threats of serious or irreversible environmental damage, lack of full scientific certainty as to measures to address the threat should not be used as a reason for postponing such measures.
94.Business objective for water corporations
Each water corporation, in performing its functions, exercising its powers and carrying out its duties has the objective that the water corporation must act as efficiently as possible consistent with commercial practice.
Division 3—Boards of Directors
95.Board of directors
(1)Subject to sub-section (2), each water corporation must have a board of directors consisting of—
(a)not less than 2 and not more than 8 directors appointed by the Minister, or, in the case of Melbourne Water Corporation, appointed by the Minister together with the Treasurer (of whom one is to be appointed as chairperson under section 104); and
(b)the managing director of the water corporation.
(2)The First Mildura Irrigation Trust must have a board of directors consisting of—
(a)6 directors elected by the owners or occupiers of rateable land within the irrigation district of the Authority in accordance with Schedule 6 and any regulations made under section 324A (of whom one is to be appointed as chairperson under section 104); and
(b)the managing director of the First Mildura Irrigation Trust.
(3)For the purposes of sub-section (1)(a), the Minister, or in the case of Melbourne Water Corporation, the Minister together with the Treasurer, may from time to time, by instrument, determine the number of directors for each water corporation.
(4)The board of directors of a water corporation—
(a)is responsible for—
(i)the strategic planning of the corporation; and
(ii)the management of the affairs of the corporation; and
(b)may exercise the powers of the corporation.
(5)When acting under sub-section (4), the board of directors of a water corporation must do so having regard to the principles set out in section 93 and the objective set out in section 94.
96.Other duties not affected
This Part has effect in addition to and not in derogation of, any Act or law relating to the criminal or civil liability of directors and does not prevent the institution of any criminal or civil proceedings in respect of such a liability.
97.Appointment of members of board of directors
In appointing persons to be members of the board of directors of a water corporation, the Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, must ensure that each person so appointed has qualifications and experience that are relevant to the operations of the water corporation.
98.Terms and conditions of appointment of members of board of directors
(1)A member of the board of directors of a water corporation holds office, subject to this Act—
(a)for the term, not exceeding 4 years, that is specified in the instrument of his or her appointment and is eligible for re‑appointment; and
(b)subject to this section, on the other terms and conditions that are determined by the Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer.
(2)Each member of the board of directors of a water corporation holds office on a part-time basis.
(3)In this section "member of the board of directors" does not include the managing director.
99.Managing Director
(1)The board of a water corporation may appoint a person as the managing director of the water corporation, on a full-time or part-time basis.
(2)The managing director of a water corporation holds office, subject to this Act—
(a)for the term, not exceeding 5 years that is specified in the instrument of his or her appointment, and is eligible for re‑appointment; and
(b)subject to the terms and conditions that are specified in that instrument.
(3)The managing director of a water corporation is not capable of being appointed as the chairperson, deputy chairperson or another director of the corporation.
100.When a member of the board of directors of a water corporation ceases to hold office
(1)The office of member of the board of directors becomes vacant if the member—
(a)resigns in accordance with sub-section (3); or
(b)becomes an insolvent under administration (within the meaning of the Corporations Act); or
(c)fails to attend 3 consecutive meetings of the board of directors without the approval of the board; or
(d)is found guilty of an indictable offence; or
(e)holds a paid office in the water corporation.
(2)Sub-section (1)(e) does not apply to the managing director.
(3)A person may resign from the office of member of the board of directors by notice in writing delivered to the Minister.
101.Removal from office of member of the board of directors
(1)The Minister, or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, may at any time remove a member of the board of directors of a water corporation, other than the managing director, from the office of member.
(2)The Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, must remove a person from the office of member of the board of directors, other than the managing director, if the member—
(a)is found guilty of such an offence that the Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, is satisfied may affect the member's ability to carry out the duties of his or her office as member; or
(b)fails without reasonable cause to disclose any interest under section 109.
102.Acting Managing Director
(1)The board of directors of a water corporation may appoint a person to act as managing director of the water corporation if—
(a)the office of managing director is vacant; or
(b)the managing director is absent or is unable, for any reason, to perform the duties of the office.
(2)The acting managing director of a water corporation is not capable of being the chairperson, deputy chairperson or another director of the corporation.
103.Removal of managing director
The board of directors of a water corporation must remove a person from the office of managing director if the managing director—
(a)is found guilty of an offence relating to his or her duties as managing director; or
(b)fails without reasonable cause to disclose any interest under section 109.
104.Chairperson
The Minister, or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, must appoint a member of the board of directors of a water corporation to be the chairperson of the water corporation.
105.Deputy chairperson
(1)The board of directors of a water corporation must appoint one of the members of the board of directors to be the deputy chairperson of the board or directors.
(2)The deputy chairperson, if present, must preside at meetings of the board of directors at which the chairperson is not present.
106.Acting appointments
(1)The deputy chairperson must act as chairperson if—
(a)the office of chairperson is vacant; or
(b)the chairperson is unable, for any reason, to perform the duties of the office.
(2)While the deputy chairperson is acting as chairperson, the deputy chairperson has and may exercise all the powers, and must perform all the duties, of the chairperson.
(3)The Minister may appoint a person who has the qualifications and experience as required under section 97 to be a member of the board of directors of a water corporation during any period, or during all periods, when—
(a)the deputy chairperson is acting as chairperson; or
(b)a member of the board of directors is unable for any reason to attend meetings of the board.
107.Validity of decisions
(1)An act or decision of the board of directors of a water corporation is not invalid merely because of—
(a)a vacancy in the membership of the board of directors; or
(b)a defect or irregularity in, or in connection with, the appointment of a member of the board of directors.
(2)Anything done by or in relation to a person purporting to act as a member of the board of directors of a water corporation, whether as chairperson, deputy chairperson or another director, is not invalid merely because—
(a)the occasion for the appointment had not arisen; or
(b)there was a defect or irregularity in relation to the appointment; or
(c)the appointment had ceased to have effect; or
(d)the occasion for the person to act had not arisen or had ceased.
108.Improper use of information
A member or a person who has been a member of the board of directors of a water corporation must not make improper use of information acquired by virtue of that person's position as a member—
(a)to gain directly or indirectly any pecuniary advantage for himself or herself or for any other person; or
(b)with intent to cause detriment to the water corporation, whether or not detriment was caused.
Penalty:20 penalty units.
109.Effect of pecuniary interests
(1)A member of the board of directors of a water corporation who has a pecuniary interest in any matter in which the water corporation is concerned must—
(a)if the member is present at a meeting of the board of directors or any of its committees at which the matter is to be considered, disclose the nature of the interest immediately before the consideration; or
(b)if the member is aware that the matter is to be considered at a meeting of the board of directors or any of its committees at which the member does not intend to be present, disclose the nature of the interest to the chairperson of the water corporation before the meeting is held.
(2)If a member of the board of directors of a water corporation has disclosed an interest to the chairperson under sub-section (1)(b), the chairperson must disclose that interest at the meeting at which the matter is considered, before the consideration of the matter.
(3)The member of the board of directors—
(a)may stay in the meeting during any consideration of the matter; and
(b)may take part in the discussion; and
(c)must not move or second a motion on a question relating to the matter; and
(d)must leave the meeting while any vote is taken on a question relating to the matter; and
(e)may, when notified by the chairperson that the vote has been declared, return to the meeting.
(4)If a member of the board of directors discloses an interest under sub-section (1), a statement showing—
(a)that the disclosure was made; and
(b)the nature of the matter and the nature of the disclosed interest; and
(c)whether any vote was taken on a question relating to the matter and, if so, whether the member was present while the vote was taken; and
(d)whether the member left the meeting at any time during consideration of the matter and, if so, at what stage the member left—
must—
(e)in the case of a disclosure made at or before a meeting of the board of directors, be included in the minutes of the meeting; and
(f)in the case of a disclosure made at or before a meeting of a committee, be recorded by the committee and presented to, and included in the minutes of the next ordinary meeting of the board of directors.
(5)A person must comply with sub-sections (1) and (3).
Penalty:20 penalty units.
(6)It is a defence to a charge under sub-section (5) for the person charged to prove that the person did not know—
(a)that he or she had a pecuniary interest in the matter; or
(b)that a matter in which he or she had a pecuniary interest was considered or to be considered at the meeting.
(7)The Magistrates' Court has jurisdiction over a charge under this section even though title to land may be genuinely in question.
(8)A charge may not be filed for an offence under this section more than 3 years after the commission of the alleged offence.
(9)The Minister may, by notice in writing to a water corporation, remove any disability imposed by this section in any case if so many of the members of the board of directors of the water corporation are affected that the Minister decides that the transaction of the business of the water corporation would be impeded.
(10)For the purposes of sub-section (9), the Minister may remove, either indefinitely or for a specified time, any disability that would otherwise attach to a member, or class of members, of the board of directors, because of any interests, and in respect of any matters, that the Minister specifies in the notice.
110.What constitutes a pecuniary interest?
(1)In this section "shares" includes stock, and "share capital" must be read accordingly.
(2)A member of the board of directors of a water corporation does not have a pecuniary interest to which section 109 applies in relation to a matter only because that member has an interest in the matter—
(a)as a person who receives a service from the water corporation in common with other persons who receive a service from the water corporation; or
(b)as a person who is, or may become, entitled to an allowance or other payment under this Act, if the maximum amount of the allowance or payment, or the rate at which the amount is to be calculated, is fixed under this Act; or
(c)as a member of a club or other association (incorporated or not) that is conducted primarily for charitable, benevolent, recreational or community purposes; or
(d)as a member of an employers' or employees' association; or
(e)as a person to whom the water corporation offers, or proposes to offer, goods and services which are, or are proposed to be, offered generally by the water corporation on the same terms and conditions as to that member; or
(f)as a person who receives a service from the water corporation, or as a resident of a district under the control of the water corporation, who may be required by the water corporation to make any payment that other persons who receive that service, or other residents of the district, may be required by the water corporation to make.
(3)Unless sub-section (4) provides otherwise, a person has a pecuniary interest in a matter if—
(a)the person or his or her nominee is a member of a company or other body which has a pecuniary interest in the matter; or
(b)the person is the sole proprietor, a partner, a director or an employee of a person who has a pecuniary interest in the matter.
(4)Sub-section (3) does not apply—
(a)to membership of any body (incorporated or not) which results from an appointment or nomination made by the board of directors of a water corporation; or
(b)to membership or directorship of any body (incorporated or not) if the member or director has no beneficial interest in any capital or income of the body.
(5)If a member of a board of directors of a water corporation has a pecuniary interest in a matter only because he or she has a beneficial interest in the shares of a body, and if the total nominal value of those shares is not more than $2000 or 1 per cent of the total nominal value of the issued share capital of the body (whichever is less), section 109 does not preclude the member from taking part in the consideration of the matter.
(6)If the share capital of a body is of more than one class, sub-section (5) does not apply if the total nominal value of all the shares of any one class in which the member of the board of directors has a beneficial interest is more than 1 per cent of the total nominal value of the issued share capital of that class of the body.
(7)The interest of a spouse or domestic partner of a member of the board of directors must, if known to the member, be taken to be an interest of the member for the purposes of this section.
111.Pecuniary interest does not prevent voting and consideration of some questions
Nothing in section 109 precludes any person from taking part in the consideration of, or voting on—
(a)any question as to whether the amount payable for goods or services previously supplied or provided under any contract should be paid from any fund of the water corporation or from any other money belonging to the water corporation; or
(b)any question as to whether an application should be made to the Minister for the exercise of the powers conferred by section 109(9).
112.Effect of finding of guilt for offence against section 109
(1)A member of the board of directors of a water corporation who is found guilty of an offence against section 109 or any corresponding previous enactment is not capable of being or continuing to be a member of a board of directors of a water corporation for 7 years after that finding of guilt, unless—
(a)on application by the person found guilty, the court by which he or she is found guilty; or
(b)a court hearing an appeal under sub-section (2)—
thinks it is appropriate in the circumstances to reduce or waive the period of disqualification.
(2)A person may, within 6 months after a decision on an application under sub-section (1)(a), appeal from that decision—
(a)if the person was found guilty by the Magistrates' Court—to the County Court; and
(b)in any other case—to the Supreme Court.
(3)An appeal is by way of re-hearing of the application, and the court may do anything that it would be entitled to do if the appeal were an appeal against the sentence imposed on the finding of guilt giving rise to the disqualification.
113.Submission of returns by members of the board and nominated officers
(1)A person who becomes a member of a board of directors of a water corporation must within 30 days after becoming a member submit a primary return in the prescribed form to the managing director of the water corporation.
Penalty:20 penalty units.
(2)If a person is re-appointed on completion of his or her term of office as a member of the board of directors of a water corporation, the member need not submit a new primary return.
(3)If the board of directors of a water corporation has resolved that nominated officers must submit returns—
(a)each nominated officer must within 30 days after the resolution; and
(b)any person who becomes a nominated officer after the resolution must within 30 days after his or her nomination as a nominated officer—
submit a primary return in the prescribed form to the managing director of the water corporation.
Penalty:20 penalty units.
(4)A member of the board of directors of a water corporation or a nominated officer of a water corporation must, on or before 31 July each year, submit an ordinary return in the prescribed form to the managing director of the water corporation.
Penalty:20 penalty units.
114.Information to be disclosed in primary and ordinary returns
(1)Each member of the board of directors of a water corporation and each nominated officer of a water corporation must disclose the following information in the primary return as at the date of the primary return—
(a)the name of any company or other body, corporate or unincorporate, in which he or she held an office whether as a director or otherwise;
(b)the information referred to in paragraphs (b), (c), (d) and (f) of sub-section (2).
Penalty:20 penalty units.
(2)Each member of the board of directors of a water corporation and each nominated officer must disclose in an ordinary return the following information in relation to the return period—
(a)if he or she has held an office, whether as director or otherwise, in any company or body, corporate or unincorporate—the name of the company or body;
(b)the name or description of any company, partnership, association or other body in which he or she holds a beneficial interest which exceeds $2000 in value;
(c)the address or description of any land in any district of the water corporation or in a district which adjoins a district of the water corporation in which he or she has any beneficial interest other than by way of security for any debt;
(d)a concise description of any trust—
(i)in which he or she holds a beneficial interest; or
(ii)of which he or she is a trustee and in which a relative holds a beneficial interest;
(e)particulars of any gift of $2000 or more in value received by him or her from a person other than a relative; and
(f)any other substantial interest, whether of a pecuniary nature or not, of the person, or of a relative of which interest the person is aware and which the person ought reasonably to consider might appear to raise a material conflict between his or her private interest and his or her public duty as a member or nominated officer.
Penalty:20 penalty units.
(3)If a member of the board of directors of a water corporation or a nominated officer has already submitted one or more ordinary returns he or she must disclose in any subsequent ordinary return any change in the information disclosed in the last return and any additional information of the kind set out in sub-section (2)(a) to (f) required to be disclosed, but he or she is not required to disclose any information already disclosed in a previous return.
Penalty:20 penalty units.
(4)In this section "relative" of a member of the board of directors of a water corporation or nominated officer includes a domestic partner, or relative of a domestic partner, of the member or nominated officer.
115.Water corporation to maintain register
(1)A water corporation must—
(a)maintain a register of the interests of members of the board of directors and, where required, nominated officers; and
(b)enter in the register all the information given in the returns.
(2)A water corporation must allow a person to inspect the register if that person applies, in writing and in accordance with the regulations, to the water corporation to do so.
(3)The register may be inspected at the principal office of the water corporation during normal office hours.
(4)A water corporation must take all reasonable steps to make sure that a person who has not applied does not have access to, and is not permitted to inspect, the register or any return.
(5)A person must not publish any information derived from the register unless that information is a fair and accurate summary or copy of the information derived from the register.
Penalty:20 penalty units.
(6)A person employed by a water corporation must not, whether before or after he or she ceases to be so employed, make a record of, divulge or communicate to any person any information in relation to a matter dealt with by this section that is gained by or conveyed to him or her during his or her employment with the water corporation, or make use of that information for any purpose other than the discharge of his or her official duties under this Act.
Penalty:20 penalty units.
(7)A water corporation must—
(a)retain the returns of a member of the board of directors or a nominated officer for 3 years after the person has ceased to be a member or a nominated officer; and
(b)to any committee established by the Authority under this Act, the members of which are members of the board or officers of the Authority;
(c)with the consent of the Minister, to any other person or body, including any committee established by the Authority under this Act, the members of which are not members of the board or officers of the Authority—
any function, power or duty of the Authority other than—
(d)this power of delegation; or
(e)the power to make by-laws; or
(f)any other power that is prescribed for the purposes of this section.
19G.Chief Executive Officer
(1)An Authority may appoint a person as Chief Executive Officer of the Authority.
(2)A person appointed under sub-section (1) must not be a member of the board of the Authority.
(3)The Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment.
(4)The Chief Executive Officer is responsible to the Authority for the carrying out of the Authority's functions.
(5)The Chief Executive Officer must comply with the directions of the Authority.
19H.Delegation of powers of Chief Executive Officer
An Authority may, by instrument, delegate to any officer or employee referred to in section 19I, any power, duty or function conferred on the Chief Executive Officer under this Act or the regulations, except this power of delegation.
19I.Employment of officers of Authorities
An Authority may employ, on terms and conditions determined by the Authority, such officers and employees it considers necessary for the carrying out of its functions.
19J.Committees established by Authorities
(1)An Authority may establish—
(a)a committee to advise the Authority on any matter referred by the Authority; and
(b)a committee to exercise any power or perform any function, authority or discretion delegated to it by the Authority.
(2)The following provisions apply to committees—
(a)an Authority may at any time remove from office a member of a committee and must provide in writing to the member the reasons for the removal;
(b)a committee may act despite any vacancy in its membership;
(c)subject to this Act and any rules made under paragraph (d), a committee may regulate its own proceedings;
(d)an Authority may, by resolution, make rules, with which committees must comply, about—
(i)their quorums; and
(ii)voting powers of their members; and
(iii)their proceedings;
(e)the Minister by notice published in the Government Gazette may declare that a committee is a corporation, and may dissolve a corporation of that sort in the same way;
(f)an Authority must obtain the Minister's consent before it delegates any of its powers, functions, authorities or discretions to a committee of which any members are not members or officers of the Authority;
(g)the Minister may specify rules of procedure for the exercise of a delegated power by a committee referred to in paragraph (f) and any purported exercise of that delegated power by such a committee otherwise than in accordance with those rules is void.
(3)A member of a committee is entitled to be paid any fees and allowances fixed by the Minister.'.
155.Repeal of section 30(4)
Section 30(4) of the Catchment and Land Protection Act 1994 is repealed.
156.Amendment of Part heading
In the heading to Part 10 of the Catchment and Land Protection Act 1994, after "REGULATIONS" insert "AND SUBORDINATE INSTRUMENTS".
157.Insertion of new section 95A
After section 95 of the Catchment and Land Protection Act 1994 insert—
"95A.Incorporation of documents in certain subordinate instruments
(1)A subordinate instrument, made under a section of this Act may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—
(a)wholly or partially or as amended by the order or other instrument; or
(b)as formulated, issued, prescribed or published at the time the order or other instrument is made or at any time before then.
(2)Sub-section (1) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department.".
158.Substitution of sections 96 to 102
For sections 96 to 102 of the Catchment and Land Protection Act 1994 substitute—
'96.Definition
In this Part—
"2006 Act" means the Water (Governance) Act 2006.
97.Validation of certain orders or other instruments
An order or other instrument made or purported to be made under section 10 on or after 30 September 1994 or under section 24 on or after 15 December 1994 and in force, or purportedly in force, immediately before the commencement of section 157 of the 2006 Act that would have been validly made if section 95A had been in operation at the time the relevant order or other instrument was made or purported to have been made has, and is deemed always to have had, the same force and effect as it would have had—
(a)if section 95A had been in operation at that time; and
(b)despite any failure or purported failure to comply with the requirements of section 32 of the Interpretation ofLegislation Act 1984 in respect of that order or other instrument.
98.Catchment Management Authorities deemed to be the same body
(1)Despite the commencement of section 151 of the 2006 Act—
(a)a Catchment Management Authority that was in existence immediately before that commencement, is deemed to continue in existence, on and from that commencement, as if it were established under Division 3 of Part 2 of this Act as in force on and from that commencement; and
(b)each member of a Catchment Management Authority that was in existence immediately before that commencement, is deemed to continue in office as a member of the board of the Catchment Management Authority (as deemed to be established under Division 3 of Part 2) as if the member had been appointed under that Division for the remaining period of that member's term of appointment.
(2)Despite the commencement of section 151 of the 2006 Act—
(a)any rights, property and assets that immediately before that commencement were vested in a Catchment Management Authority are deemed to be vested in the Catchment Management Authority (as deemed to be established under Division 3 of Part 2); and
(b)any debts, liabilities and obligations of a Catchment Management Authority that were existing immediately before that commencement are deemed to be the debts, liabilities and obligations of the Catchment Management Authority (as deemed to be established under Division 3 of Part 2); and
(c)a Catchment Management Authority (as deemed to be established under Division 3 of Part 2) is deemed to be substituted as a party to any proceedings pending in any court to which the Catchment Management Authority was a party immediately before that commencement; and
(d)a Catchment Management Authority (as deemed to be established under Division 3 of Part 2) is substituted as a party to any arrangement or contract entered into by or on behalf of the Catchment Management Authority and in force immediately before that commencement; and
(e)any reference to a Catchment Management Authority in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document whatsoever, so far as it relates to any period after that commencement and if not inconsistent with the context or subject-matter, must be construed as a reference to the Catchment Management Authority (as deemed to be established under Division 3 of Part 2).
(3)For the purposes of this Act, a catchment and land protection region of a Catchment Management Authority (that is deemed to be established under Division 3 of Part 2) is deemed to be the area that was the catchment and land protection region of the Catchment Management Authority immediately before the commencement of section 151 of the 2006 Act.'.
159.Consequential repeal of Schedules 1, 4 and 6
Schedules 1, 4 and 6 to the Catchment and Land Protection Act 1994 are repealed.
__________________
Part 4—Amendment and Repeal of Other Acts
160.Delegations to Catchment Management Authorities—Conservation, Forests and Lands Act 1987
After section 11(1)(c) of the Conservation, Forests and Lands Act 1987 insert—
"(ca)a Catchment Management Authority established under the Catchment and Land Protection Act 1994; or".
161.Insertion of new section 7AB in the Limitation of Actions Act 1958
After section 7A of the Limitation of Actions Act 1958 insert—
"7AB.No title by adverse possession against water authorities etc.
Despite any rule of law or provision made by or under this or any other Act, but without limiting section 7, the right, title or interest—
(a)of an Authority, within the meaning of the Water Act 1989; or
(b)of the Melbourne Water Corporation under Part 6 the Melbourne Water Corporation Act 1992; or
(c)of a licensee under Division 1 of Part 2 of the Water Industry Act 1994—
to or in any land is not affected by any possession of that land adverse to the Authority, Corporation or licensee (as the case requires) irrespective of the period of that possession.".
162.Repeal of Melbourne Water Corporation Act 1992
(1)The Melbourne Water Corporation Act 1992 is repealed.
(2)In section 7C of the Limitation of Actions Act 1958—
(a)paragraph (b) is repealed; and
(b)omit ", Corporation".
163.Repeal of Melbourne and Metropolitan Board of Works Act 1958
The Melbourne and Metropolitan Board of Works Act 1958 is repealed.
164.Repeal of reference to water authorities in Public Authorities (Dividends) Act 1983
In the definition of "public authority" in section 4(1) of the Public Authorities (Dividends) Act 1983, paragraph (g) is repealed.
165.Amendment of Road Management Act 2004
After section 37(1)(d)(ii) of the Road Management Act 2004 insert—
"(iia)in the case of the land referred to in the Clause in Schedule 3 to the Water Act 1989, Melbourne Water Corporation; or".
166.Insertion of new section 60A in the Water Industry Act 1994
After section 60 of the Water Industry Act 1994 insert—
"60A.Power to issue infringement notices
(1)A person authorised in writing, either generally or in a particular case, by a licensee may serve an infringement notice on any person he or she reasonably believes has contravened a permanent water saving plan that the licensee has adopted under section 78J(9).
(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
(3)The penalty to be paid in respect of an offence to which an infringement notice that is served under this section relates must not exceed 1 penalty unit.".
167.Insertion of new section 77A in the Water Industry Act 1994
After section 77 of the Water Industry Act 1994 insert—
"77A.Annual report of certain information to be given to Minister and tabled
(1)A licensee must give to the Minister, for each financial year the following information—
(a)in relation to each person, who is not a natural person, who uses water supplied by the licensee for purposes that are not farming, irrigation or domestic purposes, at a volume that is within a specified range—
(i)the name of the person; and
(ii)the information (if any) as to the person's participation in any water conservation program; and
(b)in relation to each specified range, the number of persons to whom paragraph (a) applies who are within the range.
(2)The information to be given under sub-section (1) must be given to the Minister on or before the date specified by the Minister.
(3)The Minister must cause any information given to him or her under this section to be laid before each House of Parliament within 7 sitting days of the House after the day on which the Minister is given the information.
(4)For the purposes of this section the Minister may specify one or more range or ranges of volumes.
(5)In this section "specified range" means a range of volumes specified by the Minister under sub-section (4).".
168.Plan to contain 4 stages of restrictions and prohibitions—section 78B of Water Industry Act 1994
(1)For section 78B(3) of the Water Industry Act 1994 substitute—
"(3)Without limiting sub-section (2), a plan must contain a Schedule setting out 4 stages of restrictions or prohibitions on the use of water with each stage being 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 the water supply system.".
(2)In section 78B(6)(a) of the Water Industry Act 1994, after "plan" insert "in respect of each of the 4 stages required to be set out in the plan under sub-section (3)".
169.Implementation of plan—section 78G of Water Industry Act 1994
(1)For section 78G(2) of the Water Industry Act 1994 substitute—
"(2)Implementation involving the imposition, removal or substitution of restrictions or prohibitions in 1 or more of the 4 stages of restrictions and 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 stage to which they apply or applied; and
(c)the area to which they apply or applied; and
(d)the time from which they apply or cease to apply, not being earlier than the day of publication of the notice.".
(2)In section 78G(3) of the Water Industry Act 1994, after "section 78H" insert ", or be served with an infringement notice under section 78HA,".
170.Section 78H substituted and new section 78HA inserted in Water Industry Act 1994
For section 78H of the Water Industry Act 1994 substitute—
"78H.Contravention of plan
(1)A person who receives a supply of water from a licensee in a period when stage 1 restrictions or prohibitions (as set out in the drought response plan or an emergency management plan of the licensee) are in force must not, after receiving a warning notice from the licensee, contravene any such restriction or prohibition on the use of that water.
Penalty:For a first offence, 15 penalty units;
For a second or subsequent offence, 30 penalty units.
For a continuing offence, an additional penalty of 5 penalty units for each day on which the offence continues (up to a maximum of 20 additional penalty units) after service of a notice of contravention on the person under section 69.
(2)A person who receives a supply of water from a licensee in a period when stage 2 restrictions or prohibitions (as set out in the drought response plan or emergency management plan of the licensee) are in force must not, after receiving a warning notice from the licensee, contravene any such restriction or prohibition on the use of that water.
Penalty:For a first offence, 20 penalty units;
For a second or subsequent offence, 40 penalty units.
For a continuing offence, an additional penalty of 5 penalty units for each day on which the offence continues (up to a maximum of 20 additional penalty units) after service of a notice of contravention on the person under section 69.
(3)A person who receives a supply of water from a licensee in a period when stage 3 restrictions or prohibitions (as set out in the drought response plan or emergency management plan of the licensee) are in force must not, after receiving a warning notice from the licensee, contravene any such restriction or prohibition on the use of that water.
Penalty:For a first offence, 30 penalty units;
For a second or subsequent offence, 60 penalty units or imprisonment for 3 months.
For a continuing offence, an additional penalty of 5 penalty units for each day on which the offence continues (up to a maximum of 20 additional penalty units) after service of a notice of contravention on the person under section 69.
(4)A person who receives a supply of water from a licensee in a period when stage 4 restrictions or prohibitions (as set out in the drought response plan or an emergency management plan of the licensee) are in force must not, after receiving a warning notice from the licensee, contravene any such restriction or prohibition on the use of that water.
Penalty:For a first offence, 40 penalty units or imprisonment for 3 months;
For a second or subsequent offence, 80 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 (up to a maximum of 20 additional penalty units) after service of a notice of contravention on the person under section 69.
(5)The maximum penalty for an offence under this section committed by a body corporate is a fine that is 5 times the fine provided for in the relevant sub-section as the penalty.
78HA.Power to serve an infringement notice
(1)A person authorised in writing, either generally or in a particular case, by a licensee may serve an infringement notice on any person he or she reasonably believes has committed an offence under section 78H.
(2)An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
(3)For the purposes of this section, the infringement penalty for an offence against a provision set out in Column 1 of the Table is the relevant amount set out in Column 2 of the Table in respect of that offence.
(4)A summary of an offence in Column 3 of the Table is not to be taken to affect the nature or elements of the offence to which the summary refers.
TABLE
Column 1
Infringement Offence
Column 2
Infringement penalty
Column 3
Summary of offence
An offence against section 78H(1) 2 penalty units Contravention of a stage 1 drought response plan or emergency management plan restriction or prohibition on the use of water An offence against section 78H(2) 3 penalty units Contravention of a stage 2 drought response plan or emergency management plan restriction or prohibition on the use of water An offence against section 78H(3) 4 penalty units Contravention of a stage 3 drought response plan or emergency management plan restriction or prohibition on the use of water An offence against section 78H(4) 5 penalty units Contravention of a stage 4 drought response plan or emergency management plan restriction or prohibition on the use of water
".
171.Amendment of Water (Resource Management) Act 2005—payment of compensation
After section 141(7) of the Water Act 1989, as proposed to be substituted by section 58 of the Water (Resource Management) Act 2005 insert—
"(8)A person is not entitled to any compensation under section 155 for anything done by an Authority under this section.".
172.Amendment of Valuation of Land Act 1960
(1)In section 5A(6) of the Valuation of Land Act 1960, insert "and this sub-section".
(2)After section 13DF(2)(k) of the Valuation of Land Act 1960 insert—
"(l)where the value of any land has been determined on the basis that an associated water share in relation to that land is deemed relevant and where the water share ceases to be an associated water share in relation to the land because the owner of the water share—
(i)sells the water share to a person who is not a related person (within the meaning of section 3 of the Water Act 1989) to the owner; or
(ii)sells the water share to a person who is a related person to the owner of the water share and the water share becomes an associated water share in relation to other land;".
(3)After section 13DF(8) of the Valuation of Land Act 1960 insert—
'(9)In this section "associated water share" and "water share" have the same meanings as in section 3 of the Water Act 1989.
(10)Sub-sections (2)(l), (9) and this sub-section expire on 1 July 2008.'.
173.Effect of Schedule
The Acts set out in Schedule 1 are amended as set out in Schedule 1.
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Part 5—Amendments to the Werribee South Land Act 1991
174.Long-term marina development leases
In section 5(3) of the Werribee South Land Act 1991, for "50 years" substitute "99 years".
175.Effect of Schedule 2
The Werribee South Land Act 1991 is amended as set out in Schedule 2.
__________________
SCHEDULES
SCHEDULE 1
Consequential Amendments
1.Australian Grands Prix Act 1994
In section 48(1) omit "the Melbourne and Metropolitan Board of Works Act 1958,".
2.Land Act 1958
2.1For section 137A(17) substitute—
'(17)In this section "metropolitan area" means—
(a)"metropolitan area" within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or
(b)any area declared by the Governor in Council under sub-section (18) to be the metropolitan area.
(18)The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section.
(19)An Order made under sub-section (18) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—
(a)wholly or partially or as amended by order or other instrument; or
(b)as formulated, issued, prescribed or published at the time the order is made or at any time before then.
(20)Sub-section (19) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment.'.
2.2In section 137B(2) after "metropolitan area" insert "(as defined in section 137A)".
2.3In sections 3(1) and 384(1) for the definition of "metropolis" substitute—
' "metropolis" means the waterway management district of Melbourne Water Corporation under the Water Act 1989;'.
2.4Section 385(2)(a) is repealed.
3.Land Tax Act 2005
3.1In section 64(1), for the definition of "greater Melbourne" substitute—
' "greater Melbourne" means—
(a)"metropolitan area" within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or
(b)any area declared by the Governor in Council under sub-section (3) to be the metropolitan area;'.
3.2After section 64(2) insert—
"(3)The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section.
(4)An Order made under sub-section (3) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—
(a)wholly or partially or as amended by order or other instrument; or
(b)as formulated, issued, prescribed or published at the time the order is made or at any time before then.
(5)Sub-section (4) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment.".
4.Libraries Act 1988
4.1In section 3, for the definition of "metropolitan area" substitute—
' "metropolitan area" means—
(a)"metropolitan area" within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or
(b)any area declared by the Governor in Council under sub-section (2) to be the metropolitan area;'.
4.2At the end of section 3 insert—
"(2)The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section.
(3)An Order made under sub-section (2) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—
(a)wholly or partially or as amended by order or other instrument; or
(b)as formulated, issued, prescribed or published at the time the order is made or at any time before then.
(4)Sub-section (3) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment.".
5.Melbourne City Link Act 1995
5.1In section 96(6), for ", the Water Act 1989 and the Melbourne and Metropolitan Board of Works Act 1958" substitute "and the Water Act 1989".
5.2In section 103(3) for "Sections 87 to 89 of the Melbourne and Metropolitan Board of Works Act 1958 apply" substitute "Section 165 of the Water Act 1989 applies".
6.Eastlink Project Act 2004
In section 229(3), for "Sections 87 to 89 of the Melbourne and Metropolitan Board of Works Act 1958 apply" substitute "Section 165 of the Water Act 1989 applies".
7.National Gallery of Victoria Act 1966
7.1In section 4, for the definition of "regional art gallery" substitute—
' "regional art gallery" means an art gallery situate and conducted outside—
(a)the metropolitan area for the time being within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or
(b)any area declared by the Governor in Council under sub-section (2) to be the metropolitan area.'.
7.2At the end of section 4 insert—
"(2)The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section.
(3)An Order made under sub-section (2) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—
(a)wholly or partially or as amended by order or other instrument; or
(b)as formulated, issued, prescribed or published at the time the order is made or at any time before then.
(4)Sub-section (3) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment.".
8.National Parks Act 1975
8.1In section 3(1), in the definition of "Melbourne Water Corporation" for "Melbourne Water Corporation Act 1992" substitute "Water Act 1989".
8.2In section 10(c)(iv) omit ", as defined in the Melbourne and Metropolitan Board of Works Act 1958".
8.3At the end of section 10 insert—
'(2)In this section "metropolitan area" means—
(a)"metropolitan area" within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or
(b)any area declared by the Governor in Council under sub-section (3) to be the metropolitan area.
(3)The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section.
(4)An Order made under sub-section (3) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—
(a)wholly or partially or as amended by order or other instrument; or
(b)as formulated, issued, prescribed or published at the time the order is made or at any time before then.
(5)Sub-section (4) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment.'.
8.4In section 32AH(1)(b), for "Melbourne Water Corporation Act 1992" substitute "Water Act 1989".
9.Residential Tenancies Act 1997
In sections 54(2) and 164(2) omit "and Part II of the Melbourne and Metropolitan Board of Works Act 1958".
10.Rural Finance Act 1988
In section 3, in paragraph (b)(ii) of the definition of "rural industries", for "metropolis (as defined in the Melbourne and Metropolitan Board of Works Act 1958)" substitute "waterway management district of Melbourne Water Corporation under the Water Act 1989".
11.Safe Drinking Water Act 2003
11.1In section 3, in paragraph (a) of the definition of "water storage manager" for "Melbourne Water Corporation Act 1992" substitute "Water Act 1989".
11.2Section 53(d)(ii) is repealed.
12.Sale of Land Act 1962
12.1In section 30(1), for the definition of "metropolitan area" substitute—
' "metropolitan area" means—
(a)"metropolitan area" within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or
(b)any area declared by the Governor in Council under sub-section (3) to be the metropolitan area;'.
12.2After section 30(2) insert—
"(3)The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section.
(4)An Order made under sub-section (3) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—
(a)wholly or partially or as amended by order or other instrument; or
(b)as formulated, issued, prescribed or published at the time the order is made or at any time before then.
(5)Sub-section (4) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment.".
13.South Yarra Project (Subdivision and Management) Act 1985
For section 19(2)(b) substitute—
"(b)is not rateable under the Water Act 1989 (except for the making and payment of a fee imposed under a tariff for water supplied and sewerage services provided under that Act); and".
14.Transport Act 1983
In section 2(1) of the Transport Act 1983, the definition of "metropolitan area" is repealed.
15.Water Industry Act 1994
15.1In section 3(1)—
(a)the definition of "MMBW Act" is repealed;
(b)for the definition of "trade waste agreement" substitute—
' "trade waste agreement" includes a trade waste consent granted by a licensee under this Act;'.
15.2In section 4B(3), for "Essential Services Commission Act 2001, the Water Act 1989, the Melbourne and Metropolitan Board of Works Act 1958 or the Melbourne Water Corporation Act 1992," substitute "Essential Services Commission Act 2001 or the Water Act 1989,".
15.3In section 25(2)(c), omit "or Part X of the MMBW Act".
15.4In section 85(1)(g), omit "or any rate due to Melbourne Water Corporation under Division 3 of Part II of the MMBW Act".
15.5In section 175A(1)(a)—
(a)for "MMBW Act" substitute "Water Act 1989";
(b)for "of that Act" substitute "of the Melbourne Metropolitan Board of Works Act 1958 (before its repeal)".
15.6In section 175A(1)(b)—
(a)for "MMBW Act as mentioned in section 3(7) of that Act" substitute "Water Act 1989";
(b)for "section 3 of that Act" substitute "section 3 of the Melbourne Metropolitan Board of Works Act (before its repeal)".
15.7In section 175A(3), for "MMBW Act" substitute "Water Act 1989".
15.8In section 191, for paragraph (c) of the definition of "water supply authority" substitute—
"(c)Melbourne Water Corporation established under Part 6 of the Water Act 1989.".
15.9In clauses 1, 2, 3 and 4 of Schedule 1 for "MMBW Act" (wherever occurring) substitute "Water Act 1989".
16.World Swimming Championships Act 2004
Section 48 is repealed.
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SCHEDULE 2
Amendment to Werribee South Land Act 1991
1.Schedule 2 to the Werribee South Land Act 1991 substituted
For Schedule 2 to the Werribee South Land Act 1991 substitute—
"SCHEDULE 2
Sections 3 and 4
Plan of Werribee South Land
"
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Endnotes
Minister's second reading speech—
Legislative Assembly: 10 August 2006
Legislative Council: 4 October 2006
The long title for the Bill for this Act was "to amend the Water Act 1989 to make provision for water corporations and to make other amendments to that Act, to amend the Catchment and Land Protection Act 1994 to make further provision for Catchment Management Authorities and to make other amendments to that Act, to repeal the Melbourne and Metropolitan Board of Works Act 1958 and the Melbourne Water Corporation Act 1992 and to make further amendments to the Conservation, Forests and Lands Act 1987, the Limitation of Actions Act 1958, the Public Authorities (Dividends) Act 1983, the Road Management Act 2004, the Water Industry Act 1994, the Valuation of Land Act 1960, the Water (Resource Management) Act 2005 and the Werribee South Land Act 1991."
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