Water (Infringements) Regulations 2020 (Vic)
Version No. 002
Water (Infringements) Regulations 2020
S.R. No. 67/2020
Version incorporating amendments as at
10 September 2024
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Definition
5Prescribed infringement penalties
6Prescribed water infringement offences
Schedule 1—Water infringement offences and infringement penalties
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 002
Water (Infringements) Regulations 2020
S.R. No. 67/2020
Version incorporating amendments as at
10 September 2024
1Objective
The objective of these Regulations is to prescribe water infringement offences and infringement penalties for the purposes of the Water Act 1989.
2Authorising provision
These Regulations are made under section 324 of the Water Act 1989.
3Commencement
These Regulations come into operation on 1 July 2020.
4Definition
In these Regulations—
the Act means the Water Act 1989.
5Prescribed infringement penalties
(1)For the purposes of section 33EB of the Act, an infringement penalty specified in Column 3 of an item in Table 1 of Schedule 1 is prescribed in respect of the water infringement offence specified in Column 2 of the corresponding item.
(2)For the purposes of section 63B of the Act, an infringement penalty specified in Column 3 of an item in Table 2 of Schedule 1 is prescribed in respect of the water infringement offence specified in Column 2 of the corresponding item.
(3)For the purposes of section 289C of the Act, an infringement penalty specified in Column 3 of an item in Table 3 of Schedule 1 is prescribed in respect of the water infringement offence specified in Column 2 of the corresponding item.
6Prescribed water infringement offences
(1)For the purposes of paragraph (d) of the definition of water infringement offence in section 3(1) of the Act, an offence specified in Column 2 of an item in Table 4 of Schedule 1 is prescribed as a water infringement offence for which an infringement notice may be served.
(2)The infringement penalty specified in Column 3 of an item in Table 4 of Schedule 1 is prescribed in respect of the water infringement offence specified in Column 2 of the corresponding item.
SCHEDULE 1—WATER INFRINGEMENT OFFENCES AND INFRINGEMENT PENALTIES
Regulations 5 and 6
TABLE 1—TAKING WATER WITHOUT A WATER SHARE
| Column 1
| Column 2
| Column 3 Infringement penalty |
| 1 | An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is equal to, or less than, 1 megalitre | 1 penalty unit for an individual 5 penalty units for a body corporate |
| 2 | An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres | 3 penalty units for an individual 10 penalty units for a body corporate |
| 3 | An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
| 4 | An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
| 5 | An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of | 1 penalty unit for an individual |
| water under a water share, taking an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 2% of the total authorised amount; and (b) equal to, or less than, 10 megalitres | 5 penalty units for a body corporate | |
| 6 | An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is— (a) more than 2%, and equal to, or less than, 5% of the total authorised amount; and (b) equal to, or less than, 10 megalitres | 3 penalty units for an individual 15 penalty units for a body corporate |
| 7 | An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is— (a) more than 5%, and equal to, or less than, 10% of the total authorised amount; and (b) equal to, or less than, 10 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
| 8 | An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is— (a) more than 10%, and equal to, or less than, 20% of the total authorised amount; and (b) equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
TABLE 2—TAKING OR USING WATER FROM A NON‑DECLARED WATER SYSTEM
| Column 1
| Column 2
| Column 3 Infringement penalty |
| 1 | An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is equal to, or less than, 1 megalitre | 1 penalty unit for an individual 5 penalty units for a body corporate |
| 2 | An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres | 3 penalty units for an individual 10 penalty units for a body corporate |
| 3 | An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
| 4 | An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
| 5 | An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 2% of the total authorised amount; and (b) equal to, or less than, 10 megalitres | 1 penalty unit for an individual 5 penalty units for a body corporate |
| 6 | An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is— (a) more than 2%, and equal to, or less than, 5% of the total authorised amount; and (b) equal to, or less than, 10 megalitres | 3 penalty units for an individual 15 penalty units for a body corporate |
| 7 | An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is— (a) more than 5%, and equal to, or less than, 10% of the total authorised amount; and (b) equal to, or less than, 10 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
| 8 | An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is— (a) more than 10%, and equal to, or less than, 20% of the total authorised amount; and (b) equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
TABLE 3—WRONGFUL TAKING OF WATER AND INTERFERENCE WITH FLOW OF WATER
| Column 1
| Column 2
| Column 3 Infringement penalty |
| 1 | An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is equal to, or less than, 1 megalitre | 1 penalty unit for an individual 5 penalty units for a body corporate |
| 2 | An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres | 3 penalty units for an individual 10 penalty units for a body corporate |
| 3 | An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
| 4 | An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
| 5 | An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 2% of the total authorised amount; and (b) equal to, or less than, 10 megalitres | 1 penalty unit for an individual 5 penalty units for a body corporate |
| 6 | An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is— (a) more than 2%, and equal to, or less than, 5% of the total authorised amount; and (b) equal to, or less than, 10 megalitres | 3 penalty units for an individual 15 penalty units for a body corporate |
| 7 | An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is— (a) more than 5%, and equal to, or less than, 10% of the total authorised amount; and (b) equal to, or less than, 10 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
| 8 | An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is— (a) more than 10%, and equal to, or less than, 20% of the total authorised amount; and (b) equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
| 9 | An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering by taking or diverting an amount of water that is equal to, or less than, 1 megalitre | 1 penalty unit for an individual 5 penalty units for a body corporate |
| 10 | An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres | 3 penalty units for an individual 10 penalty units for a body corporate |
| 11 | An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
| 12 | An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
| 13 | An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is equal to, or less than, 2% of the authorised amount | 1 penalty unit for an individual 5 penalty units for a body corporate |
| 14 | An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking | 3 penalty units for an individual |
| or diverting an amount of water in addition to the authorised amount that is more than 2%, and equal to, or less than, 5% of the authorised amount | 15 penalty units for a body corporate | |
| 15 | An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is more than 5%, and equal to, or less than, 10% of the authorised amount | 6 penalty units for an individual 30 penalty units for a body corporate |
| 16 | An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is more than 10%, and equal to, or less than, 20% of the authorised amount | 12 penalty units for an individual 60 penalty units for a body corporate |
TABLE 4—FURTHER WATER INFRINGEMENT OFFENCES
| Column 1
| Column 2
| Column 3 Infringement penalty |
| 1 | An offence against section 55A of the Act | 12 penalty units for an individual 60 penalty units for a body corporate |
| 2 | An offence against section 70A of the Act | 12 penalty units for an individual 60 penalty units for a body corporate |
| 3 | An offence against section 170F(1) of the Act | 1 penalty unit |
| 4 | An offence against regulation 6 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 5 penalty units for an individual 10 penalty units for a body corporate |
| 5 | An offence against regulation 12 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 5 penalty units for an individual 10 penalty units for a body corporate |
| 6 | An offence against regulation 14(6) of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 0∙75 penalty units for an individual 1∙5 penalty units for a body corporate |
| 7 | An offence against regulation 17(1) of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 5 penalty units for an individual 10 penalty units for a body corporate |
| 8 | An offence against regulation 17(2) of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 3 penalty units for an individual 6 penalty units for a body corporate |
| 9 | An offence against regulation 18 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 5 penalty units for an individual 10 penalty units for a body corporate |
| 10 | An offence against regulation 19 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 5 penalty units for an individual 10 penalty units for a body corporate |
| 11 | An offence against regulation 20 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 3 penalty units for an individual 6 penalty units for a body corporate |
| 12 | An offence against regulation 21 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 3 penalty units for an individual 6 penalty units for a body corporate |
| 13 | An offence against regulation 22 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 3 penalty units for an individual 6 penalty units for a body corporate |
| 14 | An offence against regulation 23 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 1 penalty unit for an individual 2 penalty units for a body corporate |
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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 (Infringements) Regulations 2020, S.R. No. 67/2020 were made on 30 June 2020 by the Governor in Council under section 324 of the Water Act 1989, No. 80/1989 and came into operation on 1 July 2020: regulation 3.
The Water (Infringements) Regulations 2020 will sunset 10 years after the day of making on 30 June 2030 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Water (Infringements) Regulations 2020 by statutory rules, subordinate instruments and Acts.
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Water (Infringements) Amendment Regulations 2024, S.R. No. 86/2024
Date of Making: 10.9.24 Date of Commencement: 10.9.24
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3 Explanatory details
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. 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.
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