Water Industry (Waterways Land) Regulations 2023 (Vic)

Version No. 001

Water Industry (Waterways Land) Regulations 2023

S.R. No. 11/2023

Version as at

25 February 2023

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provisions

3Commencement

4Revocation

5Definitions

6Application of offences under these Regulations to servants or agents of the Crown and other officers

7Closure of certain regulated waterways land

8Organised activities on regulated waterways land

9Offence to berth or moor a vessel

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Water Industry (Waterways Land) Regulations 2023

S.R. No. 11/2023

Version as at

25 February 2023

1Objectives

The objectives of these Regulations are—

(a)to enable the closure of regulated waterways land for the purposes of an organised activity or for safety reasons; and

(b)to regulate organised activities occurring on regulated waterways land; and

(c)to regulate the berthing and mooring of vessels on regulated waterways land.

2Authorising provisions

These Regulations are made under sections 149 and 184 of the Water Industry Act 1994.

3Commencement

These Regulations come into operation on 25 February 2023.

4Revocation

The Water Industry (Waterways Land) Regulations 2013[1] are revoked.

5Definitions

In these Regulations—

organised activity includes any boat race, regatta, swimming race, competition, tournament, festival, concert, promotion, fireworks display and any other organised event;

regulated waterways land means waterways land within the meaning of section 3(1) of the Act, other than land that falls within paragraph (b) of that definition of waterways land and that is land—

(a)that is a park within the meaning of the National Parks Act 1975 or that is managed under section 19AA, 19A, 19B, 19C, 19D or 19E of that Act; or

(b)reserved under the Crown Land (Reserves) Act 1978 and—

(i)managed under section 18B of that Act by any person (other than Parks Victoria); or

(ii)managed under that Act by a committee of management (other than Parks Victoria); or

(iii)vested in a Council under section 16 of that Act;

the Act means the Water Industry Act 1994;

vessel has the same meaning as in section 3(1) of the Marine Safety Act 2010;

waterway manager, in relation to an area of regulated waterways land, means—

(a)a waterway manager within the meaning of section 3(1) of the Marine Safety Act 2010 who has been declared under that Act to be the waterway manager for that land; or

(b)if paragraph (a) does not apply to that land, the Secretary.

6Application of offences under these Regulations to servants or agents of the Crown and other officers

Regulations 7, 8 and 9 do not apply to a person who—

(a)is acting as a servant or agent of the Crown; or

(b)is acting under and in accordance with a contract with—

(i)the Crown; or

(ii)a person who is a servant or agent of the Crown; or

(c)is acting under the direction of a person (the other person) while the other person is acting as a servant or agent of the Crown; or

(d)is acting with the permission of a person (the other person) while the other person is acting as a servant or agent of the Crown; or

(e)is an authorised officer acting in the course of the authorised officer's duties.

7Closure of certain regulated waterways land

(1)The waterway manager for an area of regulated waterways land may determine to close all or any part of that land to entry by the public, if the waterway manager believes it is necessary to do so—

(a)to enable an organised activity to be conducted on that part of the land; or

(b)in an emergency.

(2)In determining whether to close an area of regulated waterways land under subregulation (1), the waterway manager must take into account the reasonable needs of the public to enter and enjoy that land.

(3)In a determination under subregulation (1), the waterway manager must specify the period for which that land is closed to entry by the public.

(4)A waterway manager who determines to close an area of regulated waterways land under subregulation (1) must—

(a)cause signs or barriers to be erected in relation to that closure; and

(b)publish the determination—

(i)in the Government Gazette; and

(ii)on the waterway manager's Internet site.

(5)A person must not enter an area of regulated waterways land that has been closed under subregulation (1) unless that person is entitled to do so for the purpose of—

(a)taking part in an organised activity or conducting an organised activity on that part of the land; or

(b)an emergency.

Penalty:10 penalty units.

8Organised activities on regulated waterways land

(1)A person must not take part in organising or conducting an organised activity on regulated waterways land unless that person is the holder of a written authority under subregulation (2) to do so.

Penalty:10 penalty units.

(2)The waterway manager for an area of regulated waterways land may issue a written authority to a person to take part in organising or conducting an organised activity on that land.

9Offence to berth or moor a vessel

(1)A person must not berth or moor a vessel on any regulated waterways land except in the circumstances specified in subregulation (2).

Penalty:10 penalty units.

(2)For the purposes of subregulation (1), the specified circumstances are if the vessel is berthed or moored—

(a)in accordance with the terms and conditions of a lease or licence of that regulated waterways land; or

(b)in accordance with the terms and conditions of a lease or licence of Crown land adjacent to that regulated waterways land; or

(c)in accordance with a sign posted on that berth by the waterway manager for that area of regulated waterways land.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Water Industry (Waterways Land) Regulations 2023, S.R. No. 11/2023 were made on 21 February 2023 by the Governor in Council under sections 149 and 184 of the Water Industry Act 1994, No. 121/1994 and came into operation on 25 February 2023: regulation 3.

The Water Industry (Waterways Land) Regulations 2023 will sunset 10 years after the day of making on 21 February 2033 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Water Industry (Waterways Land) Regulations 2023 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4: S.R. No. 25/2013.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.