Water (Irrigation Farm Dams) Act 2002 (Vic)

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	New definitions inserted	2
5.	Interstate agreements	4
6.	Private rights to water	5
7.	Allocation of water right on subdivision	5
8.	New Division 1A inserted in Part 3	5
Division 1A—Permissible Annual Volumes	5
22A.	Permissible annual volume for an area	5
9.	Power of Minister re water resources assessment program	6
10.	New Division 3 of Part 3 substituted	7
Division 3—Water Supply Protection Areas	7
27.	Declaration of water supply protection area	7
28.	Amendment or abolition of water supply protection
area	10
29.	Consultative committee	11
30.	Guidelines for preparation of draft management plans	12
31.	Preparation of draft management plan	12
32.	Overlapping management plans to be taken into
account	13
32A.	Management plan	13
32B.	Administration and enforcement of management plan	17
32C.	Report on administration and enforcement of
management plan	18
32D.	Public availability of report	19
32E.	Certain plans deemed to be approved management
plans	19
32F.	Compensation in certain circumstances	20
32G.	Amendment or revocation of approved management
plan	22
32H.	Plan must be available for inspection	23

i

Section Page

11.	New Division 5 inserted in Part 3	23
Division 5—State Observation Bores	23
33A.	Power to enter land	23
33B.	Compensation	24
33C.	Right to take water for domestic and stock use from
a State observation bore	25
33D.	Offence to interfere etc. with State observation bore	25
12.	Application for bulk entitlement	26
13.	Matters to be taken into account in application for bulk
entitlement	26
14.	Deferral of application	26
15.	Determination of application for bulk entitlement	27
16.	Transfer of bulk entitlement	27
17.	Temporary transfer to person outside Victoria	27
18.	Conversion of licences or water rights to bulk entitlement	27
19.	Licence to take and use water for a use other than domestic
and stock use	28
20.	New section 51A inserted	30
51A.	Surrender of registration licence	30
21.	New sections 51B and 51C inserted	31
51B.	Application to go to certain bodies	31
51C.	Bodies must consider application	32
22.	New section 52A inserted	32

52A.	Criteria to determine maximum volume of water use
for certain licence applications 32

23.	Matters to be taken into account	33
24.	Certain applications must be deferred	34
25.	Licence to take and use water—determination of application	36
26.	Period of licences	36
27.	Sale of licence by Minister	37
28.	Renewal of licence	37
29.	Amendment of licence	38
30.	Revocation of licence	38
31.	Transfer of licence	38
32.	New offence inserted	38
33.	Water resource management plan	39
34.	Advertisement of application	40
35.	Licence to construct etc. private dam	40
36.	New sections 67A and 67B inserted	41
67A.	Application to go to certain bodies	41
67B.	Bodies must consider application	41
37.	Matters to be taken into account	42
38.	Determination of application	43
39.	Conditions of construction licence	43
40.	Amendment of licence	44

ii

Section Page

41.	New section 74A inserted	44
74A.	Annual charge for surveillance etc.	44
42.	Offences	45
43.	Underground disposal	46
44.	Ministerial directions	46
45.	New section 80A inserted	46
80A.	Design criteria etc. for re-use dams	46
46.	Minister may carry out works	47
47.	Review by VCAT	48
48.	Particular powers of Authorities	48
49.	Abandonment of major works	48
50.	Notice of contravention	48
51.	Wrongful taking etc. of water	48
52.	Ministerial delegation	48
53.	Ministerial exemption	48
54.	Failure of licensed driller etc. to comply with conditions of
construction licence	49
55.	Offence by licensed driller	49
56.	New section 331 inserted	49

331.        Transitional provisions—Water (Irrigation Farm

Dams) Act 2002 49

═══════════════

ENDNOTES 54

iii

Victoria

No. 5 of 2002

Water (Irrigation Farm Dams) Act

2002†

[Assented to 3 April 2002]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Water

Act 1989—

(a)	to require the use of water in private dams or from springs or soaks for commercial and irrigation purposes to be licensed;
(b)	to provide for the declaration of water supply protection areas and the preparation and implementation of management plans for those areas;

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 2

(c) to require certain dams to be licensed;

(d) to require licensed drillers to comply with the conditions of bore construction licences;

(e) to make other miscellaneous amendments.

2. Commencement

(1) This Act (except sections 19(2), 19(4), 20, 25(1),

26, 27, 28 and 31) comes into operation on the
day after the day on which it receives the Royal
Assent.

(2) Sections 19(2), 19(4), 20, 25(1), 26, 27, 28 and 31 come into operation on 1 February 2002.

3. Principal Act

See:

In this Act, the Water Act 1989 is called the	Act No.
Principal Act.	80/1989. Reprint No. 5
as at 18 May 1999
and
amending
Act Nos
22/1999, 65/1999,
30/2000, 59/2000,
66/2000, 69/2000,
25/2001 and 44/2001.
LawToday:
dpc.vic. gov.au

4. New definitions inserted

In section 3(1) of the Principal Act—

(a) insert the following definitions—
' "dam" means anything in which by means

of an excavation, a bank, a barrier or
other works water is collected, stored or
concentrated;

Water (Irrigation Farm Dams) Act 2002

s. 4 Act No. 5/2002

"Melbourne Water" means the Melbourne

Water Corporation constituted under the Melbourne Water Corporation Act 1992;

"permissible annual volume", in relation to an area, means the volume specified by the Minister under section 22A;

"registration licence" means a licence issued under section 51(1A);

"State observation bore" means a bore

constructed at any time, whether before
or after the commencement of section
4(a) of the Water (Irrigation Farm
Dams) Act 2002, by or on behalf of the
department that is used or intended to
be used to monitor the level, quantity or
quality of groundwater;

"water supply protection area" means an

area declared to be a water supply
protection area by an Order made under
section 27(1);';

(b) in the definition of "domestic and stock use", after paragraph (c) insert—

"(ca) in the case of the curtilage of a house and any outbuilding, watering an area not exceeding 1.2 hectares for fire

prevention purposes with water
obtained from a spring or soak or water

from a dam; or";

(c)	the definition of "groundwater supply protection area" is repealed;
(d)	in paragraph (a) of the definition of "works", after "dams," insert "bores,".

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 5

5. Interstate agreements

(1) In section 6 of the Principal Act, for sub-section (1) substitute—

"(1) Every power, discretion, function, authority and duty of the Minister, the Authority and the Tribunal under this Act must be

construed subject to—

(a)	the Groundwater (Border Agreement) Act 1985 and the agreement approved by that Act; and
(b)

the Murray-Darling Basin Act 1993 Act.".

(2) In section 6(2) of the Principal Act—

(a) for "power, duty or function" substitute "power, discretion, function, authority or duty"; and

(b) after "Minister" insert ", an Authority".

(3) In section 6 of the Principal Act, after sub-section

(2) insert—

"(3) An agreement referred to in sub-section (1) prevails over a right to take or to use water conferred by or under this Act, other than

section 7(1), 8(1) or 8(4)(c).

(4) The Minister, an Authority or the Tribunal, in exercising a power, discretion, function, authority or duty under this Act, must not act

in a manner detrimental to or inconsistent
with the operation of an agreement referred
to in sub-section (1).".

Water (Irrigation Farm Dams) Act 2002

s. 6 Act No. 5/2002

6. Private rights to water

(1) In section 8(1)(d) of the Principal Act, after "(d)"

insert "subject to section 33C,".

(2) In section 8 of the Principal Act, after sub-section

(5) insert—

"(5A) Sub-sections (4)(c) and (5) do not apply to

the use, other than domestic and stock use, of
water from a spring or soak or water from a
private dam (to the extent that it is not
rainwater supplied to the dam from the roof
of a building).".

(3) In section 8(6)(d) of the Principal Act, for

"groundwater" substitute "water".

7. Allocation of water right on subdivision

(1) In section 11(8)(b) of the Principal Act, after "40"

insert "(1)".

(2) In section 11 of the Principal Act, after sub- section (8) insert—

"(9) In considering an application under sub-

section (3), the Minister must give effect to
an approved management plan for any
relevant water supply protection area.".

8. New Division 1A inserted in Part 3

In Part 3 of the Principal Act, after Division 1 insert—

'Division 1A—Permissible Annual Volumes 22A. Permissible annual volume for an area

(1) The Minister may from time to time, by

Order published in the Government Gazette, declare, in respect of an area specified in the Order, that the total volume of water,
whether surface water, groundwater or both,

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 9

which may be taken in the area, whether
used in that area or elsewhere, under this or
any other Act during a period of 12 months
commencing on 1 January must not exceed

the volume specified in the Order.

(2) If—

(a)

an annual reserve volume of area under section 49A of the Groundwater Act 1969; or

(b) a prescription has been made under section 62(1) of the Groundwater Act 1969 of the maximum total amounts of water to be extracted per annum from all licensed bores within the area—

a volume specified in an Order under sub-
section (1) of this section must not affect the
volume referred to in paragraph (a) and must
not be less than the amounts referred to in
paragraph (b).

(3) The Minister may make an Order under sub-

section (1) on the Minister's initiative or at
the request of an Authority.

(4) In this section, "area" includes a sub-

surface stratum of land or geological
formation.'.

9.  Power of Minister re water resources assessment program

(1) In section 23(2)(a) of the Principal Act, after
"works" insert "or State observation bores".

(2) In section 23 of the Principal Act, after sub- section (4) insert—

Water (Irrigation Farm Dams) Act 2002

s. 10 Act No. 5/2002

"(5) A person must not, without the consent of

the Minister, destroy, damage, remove, alter
or in any way interfere with any works
established under sub-section (1)(h).

Penalty:  For a first offence, 20 penalty
units or imprisonment for
3 months.
For a subsequent offence,
40 penalty units or imprisonment
for 6 months.

(6) A person who is guilty of an offence under

sub-section (5) that is of a continuing nature is liable, in addition to the penalty set out at the foot of that sub-section, to a further
penalty of not more than 5 penalty units for
each day during which the offence

continues—

(a)

after service of a notice of section 151; or

(b) if no notice of contravention is served, after conviction.".

10. New Division 3 of Part 3 substituted

In Part 3 of the Principal Act, for Division 3 substitute—

"Division 3—Water Supply Protection Areas

27. Declaration of water supply protection area

(1) The Minister, on the Minister's initiative or

on an application from a person referred to in
sub-section (3), may, by Order published in
the Government Gazette, declare an area to
be a water supply protection area.

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 10

(2) An area may be declared under sub-section (1) to be a water supply protection area for the protection of the groundwater resources in the area or the surface water resources in the area or both.

(3) An application for a declaration under sub- section (1) may be made by—

(a) a person authorised to use groundwater or surface water under this Act; or

(b) an Authority that—

(i) holds a bulk entitlement; or

(ii) uses groundwater; or

(iii) supplies water; or

(c) a body that has responsibilities under any Act relating to the conservation or management of water, or of land—

in the area concerned or in an area where the
water supply is affected by the taking and
use of groundwater or surface water (as the
case requires) in the area concerned.

(4) The Minister may only make a declaration under sub-section (1) if—

(a) the Minister has first caused notice of the proposed declaration to be—

(i)	published in a newspaper circulating generally in the area concerned; and
(ii)

given by post to the relevant and

(b) the Minister has considered any submissions made within 60 days after

Water (Irrigation Farm Dams) Act 2002

s. 10	Act No. 5/2002
the publication or giving of notice of the proposed declaration under sub- paragraph (i) or (ii) of paragraph (a), whichever is the later.

(5) For the purposes of sub-section (4)(a)(ii) the relevant persons are—

(a)	the Minister administering the Conservation, Forests and Lands Act 1987; and
(b)	the Minister administering the Planning and Environment Act 1987; and
(c)	any Authority exercising a function under Part 8 or 11 in the area concerned; and
(d)	any Authority that holds a bulk entitlement to water from a source in the area concerned; and
(e)

any public statutory body which the affected by the declaration; and

(f)	any council in whose municipal district the area concerned is wholly or partly situated; and
(g)	the responsible authority under the Planning and Environment Act 1987 in relation to a planning scheme for the whole or any part of the area concerned.

(6) If an application under sub-section (1) is made for a declaration, the publication or giving notice of the proposed declaration is

to be at the expense of the applicant.

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 10

(7) The Minister may require further information with respect to the proposed declaration to be provided by the applicant for the declaration or any Authority with a function under this

Act in the area concerned.

(8) The Minister must make a decision whether to declare an area to be a water supply protection area within 60 days after the period of 60 days referred to in sub-section

(4)(b).

(9) If the Minister decides to declare an area to be a water supply protection area, the be published in a newspaper circulating generally in the area.

(10) If the Minister decides not to declare an area to be a water supply protection area, the be published in a newspaper circulating generally in the area.

(11) The Minister must cause a declaration under sub-section (1) to be laid before each House of Parliament within 5 sitting days of that

House after it is made.

28.  Amendment or abolition of water supply protection area

(1) The Minister may, by a subsequent Order

published in the Government Gazette, amend the boundaries of, or abolish, a water supply protection area.

(2) Section 27 applies (with any necessary

modifications) to an Order under sub-section
(1) as if it were a declaration under section
27(1).

Water (Irrigation Farm Dams) Act 2002

s. 10 Act No. 5/2002

29. Consultative committee

(1) If the Minister makes a declaration under section 27(1), the Minister must appoint a consultative committee to prepare a draft management plan for the area that is the subject of the declaration.

(2) The following provisions apply with respect

to the membership of a consultative
committee appointed under this section—

(a) the Minister must make sure that, so far as is possible—

(i)  all relevant interests are fairly represented on the committee;

(ii) persons who have knowledge or

the membership consists of covered in the management plan;

(b)	at least one half of the membership must consist of persons who are owners or occupiers of land in the area concerned appointed after consultation by the Minister with bodies representative of those persons;
(c)	any public statutory body which the Minister considers to be directly affected by the declaration must, after consultation by the Minister with it, be represented on the committee.

(3) Unless the area that is the subject of the

declaration is wholly within an urban area, the persons referred to in sub-section (2)(b) must be farmers who own or occupy farming
land in the area, appointed by the Minister

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 10

after consultation with the Victorian Farmers

Federation.

(4) Section 318(2) to (6) applies to a

consultative committee appointed under this
section.

30.  Guidelines for preparation of draft management plans

(1) The Minister may prepare guidelines for the

preparation of a draft management plan for
an area that is the subject of a declaration
under section 27(1).

(2) The Minister may from time to time amend

or revoke any guidelines prepared under sub-
section (1).

(3) The Minister, as soon as practicable after

preparing, amending or revoking guidelines
under this section must give the relevant
consultative committee—

(a)	a copy of the guidelines or the amendment; or
(b)	notice of the revocation of the guidelines.

31. Preparation of draft management plan

(1) A consultative committee appointed under section 29 must, within 18 months after its appointment—

(a) accordance with any guidelines

prepare a draft management plan in section 30; and

(b)

make the draft management plan persons.

Water (Irrigation Farm Dams) Act 2002

s. 10 Act No. 5/2002

(2) If the consultative committee does not

prepare a draft management plan within the
period referred to in sub-section (1), the
Minister may—

(a) within which the draft management
plan may be prepared and made

from time to time extend the time persons; or

(b) prepare the draft management plan. (3) If, under sub-section (2), the Minister

prepares the draft management plan, the comment by interested persons.

32.  Overlapping management plans to be taken into account

In preparing a draft management plan for an area declared to be a water supply protection area, the consultative committee must take

into account any other draft or approved
management plan that applies to the area or
part of the area under this Division.

32A. Management plan

(1) The object of a management plan is to make sure that the water resources of the relevant water supply protection area are managed in an equitable manner and so as to ensure the long-term sustainability of those resources.

(2) A management plan may relate to

groundwater resources, surface water resources or both in the relevant water supply protection area.

(3) A management plan may prescribe for the

relevant water supply protection area or any
part of that area—

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 10

(a)	requirements for metering, monitoring and accounting for groundwater or surface water or both; or
(b)	requirements to notify the Authority that has the duty of administering and enforcing the plan of the taking of groundwater from any specified bore or group of bores under a right conferred by section 8(1); or
(c)

requirements for the location, capacity are—

(i) not licensed under section 51; and

(ii) not for domestic and stock use; or

(d)	restrictions or prohibitions on the issue of licences under section 51 or 67; or
(e)	restrictions or prohibitions on the renewal of registration licences; or
(f)	restrictions to be imposed on the taking of groundwater from any specified bore, group of bores or aquifer, if necessary to prevent—

(i)	a specified maximum groundwater table decline being exceeded; or
(ii)	a relevant permissible annual volume being exceeded; or

(g) restrictions to be imposed on the taking of surface water at any location specified in the area, if necessary to ensure that—

(i)

specified flows at any particular circumstances are maintained; or

Water (Irrigation Farm Dams) Act 2002

s. 10	Act No. 5/2002
(ii) the permissible annual volume for the area is not exceeded; or

(h) restrictions to be imposed on the supply of groundwater by an Authority that takes groundwater from a source in the area or part; or

(i)  conditions relating to the protection of the environment, including the riverine and riparian environment; or

(j)	conditions relating to payment for the amount of groundwater taken and used from any specified bore or group of bores under a right conferred by section 8(1); or
(k)	conditions to which licences issued under section 51 are to be subject; or
(l)	without derogating from rights to water for domestic and stock use conferred by section 8, conditions to which licences
issued under section 67 are to be subject; or
(m)	under section 51 to take and use groundwater or surface water, and transferred under section 62, are to be subject, including a condition relating

conditions to which licences issued may be taken and used under the transferred licence; or

(n) the maximum volume of water that may be retained—

(i)  in each private dam on a particular lot in a plan of subdivision in the area concerned; or

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 10

(ii)  in all private dams on every lot in a plan of subdivision in the area concerned; or

(o) any matter relevant to the object of the management plan or its implementation.

(4) A draft management plan may make a

recommendation to the Minister as to the
total volume of water that should be declared
to be the permissible annual volume for the
area concerned.

(5) A draft management plan must name the

Authority which is to have the duty of administering and enforcing the plan if it is approved.

(6) The Minister may—

(a) approve a draft management plan; or

(b) refuse to approve a draft management plan.

(7) The Minister must cause—

(a)	notice of the approval or refusal (as the case requires) of a draft management plan to be published and given in accordance with section 27(4)(a); and
(b)	if the draft management plan is refused, the reasons for the refusal to be published with that notice.
(8) The Minister must cause an approved	management plan to be laid before each that House after it is approved under sub- section (6).

(9) Sections 23, 24 and 25 of the Subordinate
Legislation Act 1994 apply to an approved

Water (Irrigation Farm Dams) Act 2002

s. 10 Act No. 5/2002

management plan as if the approved
management plan were a statutory rule

within the meaning of that Act.

(10) An approved management plan may be

disallowed in whole or in part by resolution of either House of Parliament in accordance with the requirements of section 23 of the
Subordinate Legislation Act 1994.

(11) An approved management plan is binding on

every person (including every public
statutory body) except to the extent that the
Minister otherwise specifies by notice
published in the Government Gazette.

(12) On the approval of a draft management plan

that prescribes a requirement, restriction or
condition to which a licence issued under
section 51 or 67 is to be subject, every
licence issued under section 51 or 67,
whether issued before or after the
commencement of section 10 of the Water
(Irrigation Farm Dams) Act 2002, is
deemed to be subject to that requirement,
restriction or condition, despite anything to
the contrary specified in the licence or any
condition that is prescribed or fixed or
imposed by the Minister under section 56 or
71 (as the case requires) in relation to the
licence.

(13) A person must not contravene an approved

management plan.
Penalty: 20 penalty units.

32B. Administration and enforcement of management plan

(1) The Authority that has the duty of

administering and enforcing an approved
management plan may—

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 10

(a)	direct that any specified works be carried out or any specified equipment be installed; or
(b)	order the removal of any specified works (other than a private dam) or the discontinuance of any specified action—

if, in the opinion of the Authority, it is
necessary to do so in order to secure
compliance with the plan.

(2) A person whose interests are affected by a decision of an Authority under sub-section (1) to give a direction or make an order may

apply to the Tribunal for review of the
decision.

(3) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made;

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

(4) A person must not contravene a direction

given or order made by an Authority under
sub-section (1).
Penalty: 20 penalty units.

32C. Report on administration and enforcement of management plan

(1) The Authority that has the duty of

administering and enforcing an approved
management plan must prepare a report in

Water (Irrigation Farm Dams) Act 2002

s. 10 Act No. 5/2002

respect of its activities in carrying out its

duties in relation to the plan—

(a)	for the period commencing on the day the management plan is approved and ending on 30 June next following; and
(b)	from then on, for each year ending on 30 June or for such other period of time requested by the Authority and approved by the Minister.

(2) The Authority must, on or before

30 September in each year, give a copy of

the report to—

(a) the Minister; and

(b)

every Catchment Management protection region is wholly or partly in the area.

32D. Public availability of report

An Authority that has prepared a report in accordance with section 32C must, as soon as practicable after giving a copy of the

report to the Minister—

(a) make a copy of the report available for inspection, during business hours, free of charge at the offices of the

Authority; and

(b) publish a notice of that availability in a newspaper circulating generally in the area to which the approved

management plan applies.

32E. Certain plans deemed to be approved management plans

(1) Despite anything to the contrary in this
Division but subject to this section, the

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 10

Minister may approve a plan for the management of surface water resources that has been prepared or partly prepared by or for the department for a particular area before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2002.

(2) Before approving a plan as a management

plan under sub-section (1), the Minister
may—

(a) review or revise the plan; or

(b) appoint an advisory committee to assist in developing or completing the plan.

(3) An advisory committee is to consist of such persons as the Minister thinks fit.

(4) The Minister must not approve the plan

unless the Minister is satisfied that the plan
complies with section 32A(1) to (5).

(5) On the approval by the Minister of a plan under sub-section (1)—

(a)	the particular area to which the plan relates is deemed to be a water supply protection area for the protection of surface water resources; and
(b)	the plan is deemed to be an approved management plan for the surface water resources of the relevant water supply protection area and may be amended or revoked in accordance with this Division.

32F. Compensation in certain circumstances

(1) The owner and occupier of any works is

entitled to be paid, by the person specified by
the consultative committee that prepared the
plan, or specified by the Minister in a plan

Water (Irrigation Farm Dams) Act 2002

s. 10 Act No. 5/2002

referred to in section 32E, compensation for any loss suffered or expenses sustained as a result of—

(a)	being directed under section 32B(1)(a) to carry out works or install equipment; or
(b)	being ordered under section 32B(1)(b) to remove works.

(2) If as a result of the enforcement of an

approved management plan a benefit is
conferred on one person and a detriment is
suffered by another person, the second-
mentioned person is entitled to be paid by
the first-mentioned person compensation for
the detriment suffered.

(3) The amount of compensation payable under

sub-section (1) or (2) is as agreed by the
parties or, in the absence of agreement, as
determined by the Authority that has the duty
of administering and enforcing the plan, and
that amount may be enforced as a debt in a
court of competent jurisdiction.

(4) A person whose interests are affected by a

decision—

(a)	of an Authority under sub-section (3) as to the amount of compensation payable; or
(b)	of a consultative committee or the Minister under sub-section (1)—

(i)  that a specified person must pay compensation; or

(ii) that no compensation is payable—

may apply to the Tribunal for review of
the decision.

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 10

(5) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made;

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

32G. Amendment or revocation of approved

management plan

(1) The Minister may amend or revoke an approved management plan.

(2) The Minister may only amend or revoke an approved management plan if—

(a)	the Minister has caused notice of the proposed amendment or revocation to be published and given in accordance with section 27(4)(a); and
(b)	submissions made on the proposed amendment or revocation within

the Minister has considered any of notice of it in accordance with section 27(4)(a)(i) or (ii), whichever is the later; and

(c) in the case of a proposed amendment of the plan, the Minister has appointed a consultative committee to advise on the that amendment.

(3) Sections 29 and 31 apply in the case of a proposed amendment to an approved

Water (Irrigation Farm Dams) Act 2002

s. 11 Act No. 5/2002

management plan with any necessary

modifications, and as if in those sections—

(a) a reference to a consultative committee appointed for the preparation of a draft management plan were a reference to a consultative committee appointed under this section for the amendment of the

plan; and

(b) a reference to a draft management plan were a reference to the proposed amendment of the plan.

32H. Plan must be available for inspection

The following must keep a copy of an
approved management plan (as amended
from time to time) available at their offices
for any person to inspect during office hours

free of charge—

(a)	any Authority exercising a function under this Act in the area concerned;
(b)	any council in whose municipal district the area concerned is wholly or partly situated;
(c)	the responsible authority under the Planning and Environment Act 1987 in relation to a planning scheme for the whole or any part of the area concerned.".

11. New Division 5 inserted in Part 3

In Part 3 of the Principal Act, after section 33 insert—

"Division 5—State Observation Bores 33A. Power to enter land

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 11

(1) The Minister, or a person authorised in

writing by the Minister for the purpose, may
enter, in accordance with sub-section (2),
any land on which a State observation bore is
located for the purpose of—

(a)	carrying out observations (including taking water samples); or
(b)	operating, maintaining, altering or decommissioning the bore.

(2) The power of entry under sub-section (1) may be exercised—

(a)	in the case of Crown land, at any time; or
(b)	in the case of land other than Crown land, between 7 a.m. and 7 p.m. or, during an emergency, at any time.

33B. Compensation

(1) The Minister, or a person authorised in

writing by the Minister for a purpose referred
to in section 33A, must cause as little
damage and inconvenience as possible in the
performance of his or her functions under
this Division.

(2) The Minister is liable to compensate any person who has—

(a) sustained any pecuniary loss; or

(b) incurred any expense—

as a direct, natural and reasonable
consequence of the performance of a
function under this Division by the Minister,
or a person authorised in writing by the
Minister for a purpose referred to in
section 33A.

Water (Irrigation Farm Dams) Act 2002

s. 11 Act No. 5/2002

(3) The Minister is not liable to compensate a person for consequential loss.

(4) Any claim for compensation must be made and dealt with in accordance with the Land Acquisition and Compensation Act 1986 as if it were a claim under section 47(1) of that Act.

33C. Right to take water for domestic and stock use from a State observation bore

A person may only exercise the right
conferred by section 8(1)(d) in relation to a
State observation bore if the person first
obtains the written permission of the

Minister.

33D. Offence to interfere etc. with State

observation bore

(1) A person must not, without the consent of

the Minister, destroy, damage, remove, alter
or in any way interfere with any State
observation bore.

Penalty:  For a first offence, 20 penalty
units or imprisonment for
3 months.
For a subsequent offence,
40 penalty units or imprisonment
for 6 months.

(2) A person who is guilty of an offence under

sub-section (1) that is of a continuing nature is liable, in addition to the penalty set out at the foot of that sub-section, to a further
penalty of not more than 5 penalty units for
each day during which the offence
continues—

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 12

(a)

after service of a notice of section 151; or

(b) if no notice of contravention is served, after conviction.".

12. Application for bulk entitlement

In section 36(2)(b)(iii) of the Principal Act, after
"40" insert "(1) and in section 40(2)".

13.  Matters to be taken into account in application for bulk entitlement

(1) In section 40 of the Principal Act—

(a) after paragraph (b) insert—

"(ba) the permissible annual volume, if any,

for the area;";

(b) in paragraph (d)—

(i) in sub-paragraph (iii), omit "or";

(ii) sub-paragraph (iv) is repealed;

(c) omit paragraph (h).

(2) In section 40 of the Principal Act, at the end of the

section insert—

"(2) In considering an application under section 36(1), the Minister or Governor in Council (as the case requires) must give effect to an approved management plan for any relevant water supply protection area.".

14. Deferral of application

In section 41 of the Principal Act—

(a) in paragraph (a), for "section 27(2)(b)(i)" substitute "section 27(4)(a)(i)";

Water (Irrigation Farm Dams) Act 2002

s. 16 Act No. 5/2002

(b) in paragraph (d), for "section 27(7)" substitute "section 27(10)".

15. Determination of application for bulk entitlement

In section 42(2) of the Principal Act, after "considered" insert "and given effect to".

16. Transfer of bulk entitlement

(1) In section 46(5) of the Principal Act—

(a) after "40" (where first occurring) insert "(1)";

(b) for "40(d)" substitute "40(1)(d) or (g)".

(2) In section 46 of the Principal Act, after sub- section (5) insert—

"(5A) In considering an application, the Minister

must give effect to an approved management plan for any relevant water supply protection area.".

17. Temporary transfer to person outside Victoria

In section 46B(5) of the Principal Act, for "40(d)"
substitute "40(1)(d) or (g)".

18.  Conversion of licences or water rights to bulk entitlement

(1) In section 47C(7) of the Principal Act, after "40"

insert "(1)".

(2) In section 47C of the Principal Act, after sub- section (7) insert—

"(7A) In considering an application under this

section, the Minister must give effect to an
approved management plan for any relevant
water supply protection area.".

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 19

19.  Licence to take and use water for a use other than domestic and stock use

(1) In section 51(1) of the Principal Act, after

paragraph (b) insert—

"(ba) water from a spring or soak or water from a

dam (to the extent that it is not rainwater
supplied to the dam from the roof of a
building or water supplied to the dam from a
waterway or a bore), for a use other than
domestic and stock use; or".

(2) In section 51 of the Principal Act, after sub- section (1) insert—

"(1A) During the period commencing on

1 February 2002 and ending on 31 January 2003, a person may apply, without payment of an application fee, to the Minister for the issue of a registration licence to take and

use—

(a) from a dam (to the extent that it is not
rainwater supplied to the dam from the
roof of a building or water supplied to
the dam from a waterway or a bore), for

water from a spring or soak or water use; or

(b) water from a dam on a waterway other than a river, creek, stream or watercourse, for a use other than domestic and stock use.

(1B) Sub-section (1A) only applies, in relation to a spring or soak or dam, to a person who at any time during the period of 10 years

immediately before the commencement of section 32 of the Water (Irrigation Farm Dams) Act 2002 was taking and using—

Water (Irrigation Farm Dams) Act 2002

s. 19 Act No. 5/2002

(a) from the dam (other than water

water from the spring or soak or water a bore), for a use other than domestic and stock use; or

(b)	water from the dam on a waterway other than a river, creek, stream or watercourse, for a use other than
domestic and stock use for which a licence under sub-section (1)(a) is not in force—

as the case may be.".

(3) In section 51 of the Principal Act, before sub- section (2) insert—

"(1C) Nothing in this section requires a person to

hold a licence issued under this section to re-
use water that—

(a)	is stored in a dam that complies with design criteria specified by the Minister under section 80A; and
(b)	in accordance with the formula

does not exceed the volume determined 80A; and

(c) is supplied to the person under a licence issued under this section, under section 124(7) or in accordance with section

222.".

(4) In section 51(2) of the Principal Act—

(a) after "application" (where first occurring) insert "under this section";

(b) after paragraph (b) insert—

"(ba) in the case of an application under sub- section (1)(ba) or (1A) in relation to a

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002	s. 20
spring or soak or dam by a person who at any time during the period of 10 years immediately before the commencement of section 32 of the Water (Irrigation Farm Dams) Act 2002 was taking and using—

(i)  water from the spring or soak or water from the dam (other than water supplied to the dam from a

waterway or a bore), for a use
other than domestic and stock use;
or

(ii)  water from a dam on a waterway other than a river, creek, stream or watercourse, for a use other than domestic and stock use—

as the case may be, set out the
maximum volume of water to be used
by the applicant in each year during the
period of the licence, determined in
accordance with the criteria specified

by Order under section 52A; and";

(c) for paragraph (c) substitute—

"(c) be accompanied by the application fee,

if any, fixed by the Minister for that
type of application.".

20. New section 51A inserted

After section 51 of the Principal Act insert—

"51A. Surrender of registration licence

(1) The holder of a registration licence may,

during the term of the licence, surrender the
licence to the Minister and apply, without
payment of an application fee, for the issue
of a licence under section 51(1)(a) or (ba).

Water (Irrigation Farm Dams) Act 2002

s. 21 Act No. 5/2002

(2) Sections 51B and 51C do not apply to an application made under sub-section (1).

(3) On an application made under sub-section

(1), the Minister must issue, within 14 days
after the application is made, a licence under
section 51(1)(a) or (ba), as the case may be,
for the same maximum volume of water to
be used in each year during the period of the
licence as that which applied to the
registration licence formerly held by the
applicant.

(4) A registration licence surrendered under sub-

section (1) is deemed to continue in
operation until the issue of a licence under
section 51(1)(a) or (ba) in accordance with
sub-section (3).".

21. New sections 51B and 51C inserted

Before section 52 of the Principal Act insert—

"51B. Application to go to certain bodies

The Minister must, without delay, give a
copy of an application under section 51 in
respect of a dam, whether or not on a

waterway, to—

(a) the Department Head; and

(b)	the relevant Catchment Management Authority; and
(c)	Melbourne Water, if the dam is or will be located in an area over which Melbourne Water has power under Part 10 of the Melbourne and Metropolitan Board of Works Act 1958; and
(d)	any Authority holding a bulk entitlement that may be affected by the approval of the application.

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 22

51C. Bodies must consider application

(1) Within 30 days after receipt of an application

referred to a body under section 51B, the
body—

(a) must consider the application; and

(b) may advise the Minister in writing that—

(i)  it does not object to the issue of a licence; or

(ii)  it does not object if the licence is issued subject to the conditions specified by the body; or

(iii)  it objects to the issue of the licence on any specified ground; and

(c) may give to the Minister its comments on the application.

(2) If a body makes no response to the Minister within 30 days after receipt of an application referred to it under section 51B, the Minister may proceed to determine the application.".

22. New section 52A inserted

After section 52 of the Principal Act insert—

"52A. Criteria to determine maximum volume of water use for certain licence applications

The Minister may, by Order published in the Government Gazette, specify the criteria for determining the maximum volume of water to be used each year during the period of—

(a) a registration licence; or

(b) a licence issued under section 51(1)(ba), in respect of a spring or soak or dam, to a person who at any time

Water (Irrigation Farm Dams) Act 2002

s. 23	Act No. 5/2002
immediately before the commencement of section 32 of the Water (Irrigation
during the period of 10 years using water from the spring or soak or water from the dam (other than water supplied to the dam from a waterway or a bore), for a use other than domestic and stock use.

23. Matters to be taken into account

(1) In section 53 of the Principal Act—

(a) after paragraph (a) insert—

"(ab) any advice and comments received

within the period of 30 days referred to
in section 51C(1);";

(b) in paragraph (b), after "40" insert "(1)";

(c) omit paragraphs (c), (d) and (da).

(2) In section 53 of the Principal Act, at the end of the

section insert—

"(2) In considering an application under section

51 or 52, the Minister must give effect to—

(a)	any relevant Order under section 52A; and
(b)	Governor in Council under section 49A of the Groundwater Act 1969 any relevant Order made by the groundwater; and
(c)	section 62(1) of the Groundwater Act 1969 in respect of a groundwater

any relevant prescription made under section 61 of that Act; and

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 24

(d)

any water resource management plan 64A; and

(e) an approved management plan for any relevant water supply protection area.".

24. Certain applications must be deferred

(1) In section 54 of the Principal Act—

(a) in paragraph (a), for "section 27(2)(b)(i)" substitute "section 27(4)(a)(i)";

(b) for paragraph (b) substitute—

"(b) a relevant application is subsequently

made under—

(i)  section 51 or 52 in respect of an area that is the subject of the proposed declaration; or

(ii)  section 62 for approval of the permanent transfer of a licence issued under section 51 or 52 into or within that area—";

(c) in paragraph (d), for "27(8)" substitute "27(10)".

(2) In section 54 of the Principal Act, at the end of the

section insert—

'(2) If—

(a)	an Order is made under section 27(1); and
(b)	no management plan for the area has been approved under section 32A(6)—

the Minister must defer consideration of a

relevant application—

(c) under section 51 or 52 in respect of the area; or

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002

(d) under section 62 for approval of the permanent transfer of a licence issued under section 51 or 52 into or within the area—

until notice of the approval or refusal of a
draft management plan has been published

under section 32A(7).

(3) This section does not apply to—

(a)	an application for a registration licence; or
(b)	an application for a licence under section 51(1)(a) or (ba) on the surrender of a registration licence; or
(c)	an application under section 62 for approval of the transfer of a licence issued under section 51 if the

application arises as a result of the transfer or conveyance of land on which the water is taken or used under

the licence.

(4) For the purposes of this section, a relevant

application in relation to an area proposed to
be declared or declared as a water supply
protection area—

(a)	for the protection of the groundwater resources, is an application relating to groundwater; and
(b)	for the protection of the surface water resources, is an application relating to surface water; and

Water (Irrigation Farm Dams) Act 2002

s. 25
s. 26

Act No. 5/2002

(c) for the protection of both groundwater resources and surface water resources, is an application relating to either

groundwater or surface water—

made on or after the commencement of
section 24 of the Water (Irrigation Farm
Dams) Act 2002.'.

25.  Licence to take and use water—determination of application

(1) In section 55(1) and (2) of the Principal Act, for "The Minister" substitute "Subject to section 51A, the Minister".

(2) In section 55(2) of the Principal Act, for

"groundwater" substitute "water".

(3) In section 55 of the Principal Act, after sub- section (2) insert—

"(2A) If an application under section 51 relates to a

State observation bore, the Minister must refuse the application if, in the Minister's opinion, the exercise of rights under the
proposed licence will or may interfere with
the function of the bore as a State
observation bore.".

(4) In section 55 of the Principal Act, after sub- section (2A) insert—

"(2B) Subject to section 51A, the Minister must

refuse an application under section 51 if, in the Minister's opinion, the allocation or use of water under the licence will or may result in the permissible annual volume for the area for that year or a future year being

exceeded.".

26. Period of licences

(1) In section 56(1)(a) of the Principal Act, after sub- paragraph (xii) insert—

Water (Irrigation Farm Dams) Act 2002

s. 27 Act No. 5/2002

"(xiii) notification of change of ownership of land

on which water is taken under a licence
issued under section 51(1A); and".

(2) In section 56(3) of the Principal Act, for
"section 51" substitute "section 51(1)".

(3) In section 56 of the Principal Act, after sub- section (3) insert—

"(3A) Unless sooner revoked, cancelled or

surrendered, a licence issued under
section 51(1A) remains in force for an

unlimited period.".

(4) In section 56(4) of the Principal Act, for

"section 51" substitute "section 51(1)".

27. Sale of licence by Minister

In section 57 of the Principal Act—

(a) in sub-section (1), after "51" insert "(1)";

(b) in sub-section (3), after "51" insert "(1)".

28. Renewal of licence

(1) In section 58(1) of the Principal Act, for "51"

substitute "51(1)".

(2) In section 58(2) of the Principal Act, for

paragraph (c) substitute—

"(c) be accompanied by—

(i)  in the case of a registration licence, the prescribed fee, if any;

(ii)  in the case of any other licence, the application fee, if any, fixed by the Minister for that kind of licence.".

(3) In section 58(3) of the Principal Act, for "51"

substitute "51(1)".

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 31

(4) In section 58(5) and (6) of the Principal Act,

after "licence" insert "issued under section 51(1)
or 52".

29. Amendment of licence

In section 59(1) of the Principal Act, for
"groundwater" (wherever occurring) substitute

"water".

30. Revocation of licence

In section 60(1)(b) of the Principal Act—

(a) omit "to a bore or";

(b) for "the bore is, or the works are," substitute "the works are".

31. Transfer of licence

(1) In section 62(1) of the Principal Act, after

"section 51 or 52" insert "(other than a
registration licence)".

(2) In section 62 of the Principal Act, after sub- section (2) insert—

"(2AA) On the transfer or conveyance of land on which water is taken under a registration licence, the registration licence is deemed to

be transferred to the successor in title of that

land.".

32. New offence inserted

(1) In section 63 of the Principal Act, after sub- section (1) insert—

"(1A) A person must not take or use—

(a) water from a spring or soak; or

(b) water from a dam (to the extent that it is not rainwater supplied to the dam from the roof of a building or water

Water (Irrigation Farm Dams) Act 2002

s. 33	Act No. 5/2002
supplied to the dam from a waterway or a bore)—

for a use other than domestic and stock use,
unless authorised to do so by or under this

Act or any other Act.

Penalty:  For a first offence, 20 penalty
units or imprisonment for
3 months.
For a subsequent offence,
40 penalty units or imprisonment
for 6 months.".

(2) In section 63 of the Principal Act—

(a)	in sub-section (2), after "sub-section (1)" insert "or (1A)";
(b)	in sub-section (3), for "sub-section (1)" substitute "sub-sections (1) and (1A)".

(3) In section 63 of the Principal Act, after sub- section (3) insert—

"(4) If, at any time during the period of 10 years

immediately before the commencement of section 32 of the Water (Irrigation Farm Dams) Act 2002, a person was taking and using water from a spring or soak or water from a dam not on a waterway, sub-section (1A) does not apply to that person in respect
of that spring or soak or dam until

1 February 2003.".

33. Water resource management plan

(1) In section 64A(2) of the Principal Act, for

"section 27(2)(b)(i) and (ii)" substitute "section
27(4)(a)(i) and (ii)".

(2) In section 64A(4) of the Principal Act, after "40"

insert "(1) and giving effect to an approved

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002

management plan for any relevant water supply

protection area".

34. Advertisement of application

In section 65(1)(a) of the Principal Act—

(a) for "67(1)" substitute "67";

(b) for "abandon works or a bore" substitute "decommission works, a bore or a private dam".

35. Licence to construct etc. private dam

(1) In section 67(1) of the Principal Act, for

"abandon" substitute "decommission".

(2) In section 67 of the Principal Act, after

sub-section (1) insert—

"(1A) A person may apply to the Minister for the

issue of a licence to construct, alter, operate,
remove or decommission a private dam,
other than on a waterway, that—

(a) above ground level at the downstream

has a wall that is 5 metres or more high 50 megalitres or more; or

(b)	has a wall that is 10 metres or more high above ground level at the downstream end of the dam and a capacity of 20 megalitres or more; or
(c)	has a wall that is 15 metres or more high above ground level at the downstream end of the dam, regardless of the capacity; or
(d)	is a dam belonging to a prescribed class of dams.".

Water (Irrigation Farm Dams) Act 2002

s. 36 Act No. 5/2002

(3) In section 67(2)(c)(ii) of the Principal Act, for "or

bore are or is, or are or is proposed" substitute
"are, or are proposed".

36. New sections 67A and 67B inserted

After section 67 of the Principal Act insert—

"67A. Application to go to certain bodies

The Minister must, without delay, give a
copy of an application under section 67 in
respect of a dam, whether or not on a

waterway, to—

(a) the Department Head; and

(b) the relevant Catchment Management
Authority; and

(c) the relevant Council; and

(d)	Melbourne Water, if the dam is or will be located in an area over which Melbourne Water has power under Part 10 of the Melbourne and Metropolitan Board of Works Act 1958; and
(e)	any Authority holding a bulk entitlement that may be affected by the approval of the application.

67B. Bodies must consider application

(1) Within 30 days after receipt of an application

referred to a body under section 67A, the
body—

(a) must consider the application; and

(b) may advise the Minister in writing that—

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 37

(i)  it does not object to the issue of a licence; or

(ii)  it does not object if the licence is issued subject to the conditions specified by the body; or

(iii)  it objects to the issue of the licence on any specified ground; and

(c) may give to the Minister its comments on the application.

(2) If a body makes no response to the Minister within 30 days after receipt of an application referred to it under section 67A, the Minister may proceed to determine the application.".

37. Matters to be taken into account

In section 68 of the Principal Act—

(a) for "67(1)" substitute "67";

(b) after paragraph (a) insert—

"(ab) have regard to any advice and

comments received within the period of
30 days referred to in section 67B(1);

and";

(c) after paragraph (b) insert—

"(ba) have regard to the matters mentioned in

paragraphs (b) to (n) of section 40(1);
and

(bb) give effect to an approved management

plan for any relevant water supply
protection area; and";

(d) for paragraph (c) substitute—

"(c) consider the likely effects of the escape of water from the works; and";

Water (Irrigation Farm Dams) Act 2002

s. 38 Act No. 5/2002

(e) in paragraph (d) for "Act." (where last occurring) substitute "Act; and";

(f) after paragraph (d) insert—

"(e) have regard to any other matter that the Minister thinks fit.".

38. Determination of application

(1) In section 69(1) of the Principal Act, for "67(1)"

substitute "67".

(2) In section 69(4) of the Principal Act, for

"abandoned" substitute "decommissioned".

39. Conditions of construction licence

In section 71(1) of the Principal Act—

(a) after paragraph (a) insert—

"(ab) a condition requiring payment of any

annual charge fixed by the Minister in
accordance with section 74A; and";

(b) after paragraph (b)(ix) insert—

"(ixa) without limiting sub-paragraph (ix), in the case of any dam, whether or not on a waterway—

(A) surveillance of the dam, including

surveillance by the Minister or a
person holding one or more
qualifications approved by the
Minister and engaged by the
licensee; or

(B) the procedures for management of dam safety; or

(C) the procuring of water, by transfer

or otherwise, for every year that
the dam is in operation; or";

Water (Irrigation Farm Dams) Act 2002

s. 40
s. 41

Act No. 5/2002

(c) at the end of paragraph (b)(x)(C), for "driller." substitute "driller; and";

(d) after paragraph (b) insert—

"(c) without derogating from rights to water for domestic and stock use conferred by section 8, any other conditions that the

Minister thinks fit and specifies in the licence.".

40. Amendment of licence

(1) In section 73(1) of the Principal Act, for
"groundwater" substitute "water".

(2) In section 73 of the Principal Act, after sub- section (1) insert—

"(1A) Within 12 months after the commencement

of section 40 of the Water (Irrigation Farm licence in respect of a private dam issued under section 67 before that commencement to impose conditions referred to in section 71(1)(b)(ixa) if—

(a)	the dam has the dimensions referred to in paragraph (a), (b) or (c) of section 67(1A); or
(b)	the dam belongs to a class of dams prescribed under section 67(1A)(d).

(1B) The Minister may amend a licence in respect

of a private dam issued under section 67 to
include conditions relating to the

management of dam safety.".

41. New section 74A inserted

After section 74 of the Principal Act insert—

"74A. Annual charge for surveillance etc.

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002

The Minister may fix an annual charge in

respect of—

(a)	a licence to operate a dam referred to in section 67(1A); or
(b)	a licence amended under section 73(1A)—

by reference to the surveillance of the dam,
the procedures for management of dam
safety or any other operations or work

required for the dam.".

42. Offences

(1) In section 75(1)(b) of the Principal Act, after

"constructs" insert ", alters, operates, removes or

decommissions".

(2) In section 75 of the Principal Act, after sub- section (1) insert—

"(1A) A person who constructs, alters, operates, removes or decommissions a private dam referred to in section 67 without being

authorised to do so by or under this or any
other Act is guilty of an offence.".

(3) In section 75 of the Principal Act, for sub-section (4) substitute—

"(4) If a licence is issued under section 67 to

construct or alter any works and the licence
is subject to any condition relating to the
future maintenance or operation of the
works, a person who operates the works
without complying with that condition is
guilty of an offence.".

(4) In section 75 of the Principal Act, after sub- section (4) insert—

"(5) Sub-section (1A) does not apply until 1 February 2003 in relation to a dam which

Water (Irrigation Farm Dams) Act 2002

s. 43
s. 45

Act No. 5/2002

exists immediately before the
commencement of section 42(4) of the

Water (Irrigation Farm Dams) Act 2002.".

43. Underground disposal

In section 76 of the Principal Act, after sub- section (5) insert—

"(5A) The Minister must not approve an

application in respect of a disposal by means of a State observation bore if, in the opinion of the Minister, the disposal would interfere with the function of the bore as a State

observation bore.".

44. Ministerial directions

(1) In section 80 of the Principal Act—

(a)	in sub-section (1), omit "on the application of any person,";
(b)	in sub-section (3A), for paragraphs (a) and (b) substitute "any dam or class of dams".

(2) In section 80 of the Principal Act, after sub- section (3B) insert—

"(3C) Without limiting sub-section (3A), the

regulations made under that sub-section may
provide for any matter that may be the
subject of conditions under section 71.".

(3) In section 80 of the Principal Act, sub-section (4)

is repealed.

45. New section 80A inserted

After section 80 of the Principal Act insert—

"80A. Design criteria etc. for re-use dams

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002

The Minister may, by Order published in the

Government Gazette, specify—

(a)	design criteria for private dams for the re-use of water; and
(b)	a formula to determine the maximum volume of water that may be re-used each year by a person by means of such

dams.".

46. Minister may carry out works

In section 81 of the Principal Act, after sub- section (2) insert—

"(3) Any costs incurred by the Minister under this section are a charge on the land.

(4) Land is so charged when the Minister deposits with the Registrar of Titles a certificate under seal describing the land to

be charged and stating the amount of the

charge.

(5) The Registrar of Titles must make in the

Register a recording of the certificate lodged under this section.

(6) The Minister must notify the land owner in writing that—

(a)	the certificate has been deposited under this section; and
(b)	the land is charged with the amount stated in the notice.

(7) When an amount due is paid or recovered the Registrar of Titles must, if so required by the Minister, delete the recording of the charge

from the Register or make a recording in the charge.".

Water (Irrigation Farm Dams) Act 2002

s. 47
s. 52

Act No. 5/2002

47. Review by VCAT

In section 83(1) of the Principal Act—

(a) in paragraph (a), for "67(1)" substitute "67";

(b) in paragraph (b), for "67(1)" substitute "67";

(c) in paragraph (g), after "73(1)" insert ", (1A) or (1B)".

48. Particular powers of Authorities

In section 124(8) of the Principal Act, for "40(b)" substitute "40(1)(b)".

49. Abandonment of major works

In section 139(1) of the Principal Act, after

"abandon" insert "or decommission".

50. Notice of contravention

In section 151(1)(d) of the Principal Act, for

"groundwater" substitute "water".

51. Wrongful taking etc. of water

In section 289(1)(b) of the Principal Act, omit

"bore,".

52. Ministerial delegation

In section 306(1)(b) of the Principal Act—

(a) after "4," insert "22A,";

(b) for "27 to 31" substitute "27 to 32A, 32E to 32G";

(c) omit "80,".

53. Ministerial exemption

In section 308 of the Principal Act—

(a) in paragraph (b), for "works; or" substitute "works—";

Water (Irrigation Farm Dams) Act 2002

s. 56 Act No. 5/2002

(b) omit paragraph (c).

54.  Failure of licensed driller etc. to comply with conditions of construction licence

In section 313(1) of the Principal Act—

(a) in paragraph (b) for "licence—" substitute "licence; or";

(b) after paragraph (b) insert—

"(c) contravened a condition of a licence issued under section 67—".

55. Offence by licensed driller

In section 316 of the Principal Act, after sub- section (2) insert—

"(3) If it is a condition of a licence issued under

section 67 that all or any part of the work
authorised by the licence must be carried out
by, or under the direction of, a licensed
driller, the licensed driller must ensure that
the work, or that part of the work, carried out
by, or under the direction of, the licensed
driller complies with the conditions of the
licence.
Penalty: 20 penalty units.".

56. New section 331 inserted

After section 330 of the Principal Act insert—

"331. Transitional provisions—Water (Irrigation Farm Dams) Act 2002

(1) A groundwater supply protection area

declared by Order under section 27(1) that is
in force immediately before the
commencement of section 10 of the Water
(Irrigation Farm Dams) Act 2002 is
deemed, on and from that commencement, to
be a water supply protection area for the

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002

protection of the groundwater resources in
the area concerned and may be abolished, or
its boundaries amended, in accordance with

Division 3 of Part 3 accordingly.

(2) A management plan approved by the

Minister under section 30(4) that is in force immediately before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2002 is deemed, on and from that commencement, to be an approved management plan for groundwater resources for the relevant water supply protection area and may be amended or revoked in accordance with Division 3 of Part 3 accordingly.

(3) A notice of an application for the declaration

of an area to be a groundwater supply
protection area—

(a)	that was published under section 27(3)(b)(i) as in force at any time before the commencement of section 10
of the Water (Irrigation Farm Dams) Act 2002; and
(b)	in relation to which an Order declaring the area to be a groundwater supply protection area had not been made before that commencement—

is deemed, on that commencement, to be a notice published under section 27(4)(a)(i).

(4) A notice to amend the boundaries of, or

abolish, a groundwater supply protection
area—

(a) that was published in accordance with section 28(2) as in force at any time before the commencement of section 10

Water (Irrigation Farm Dams) Act 2002

s. 56	Act No. 5/2002
of the Water (Irrigation Farm Dams) Act 2002; and

(b) in relation to which an Order amending the boundaries of, or abolishing, the groundwater supply protection area (as the case requires) had not been made before that commencement—

is deemed, on that commencement, to be a
notice published under section 28(2) (as
substituted by section 10 of the Water
(Irrigation Farm Dams) Act 2002).

(5) A consultative committee appointed under

section 29(1), as in force before the
commencement of section 10 of the Water
(Irrigation Farm Dams) Act 2002, and
existing immediately before that
commencement is deemed, on that
commencement, to be a consultative
committee appointed under section 29(1) (as
substituted by section 10 of the Water
(Irrigation Farm Dams) Act 2002).

(6) A draft management plan that—

(a)	had been prepared under Division 3 of Part 3 at any time before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2002; and
(b)	had not been approved by the Minister under section 30(5) before that commencement—

is deemed, on that commencement, to be a
draft management plan prepared under
Division 3 of Part 3 (as substituted by

Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002 s. 56

section 10 of the Water (Irrigation Farm

Dams) Act 2002).

(7) An Authority that immediately before the

commencement of section 10 of the Water (Irrigation Farm Dams) Act 2002 had the duty of administering and enforcing an
approved management plan under section 30
as in force immediately before that

commencement must—

(a)	prepare a report in respect of its activities in carrying out its duties for the period beginning on that commencement and ending on 30 June next; and
(b)	Minister and any relevant Catchment

give a copy of that report to the with section 32C(2); and

(c) release and make available the report in accordance with section 32D.

(8) A person who—

(a) at any time during the period of 10 years immediately before the commencement of section 32 of the

Water (Irrigation Farm Dams) Act 2002 was taking and using water from a spring or soak or water from a dam (other than water supplied to the dam from a waterway or a bore), for a use other than domestic and stock use; and

Water (Irrigation Farm Dams) Act 2002

s. 56 Act No. 5/2002

(b) before 1 February 2003 applies for a licence under section 51(1)(ba) in relation to the spring or soak or dam—

is not liable to pay an application fee in

respect of the application.

(9) A licence issued under section 67 to abandon

force immediately before the commencement
of section 35 of the Water (Irrigation Farm

any works, private dam or a bore that is in commencement, deemed to be a licence to decommission those works, or that private dam or bore.".

═══════════════
Water (Irrigation Farm Dams) Act 2002

Act No. 5/2002	Endnotes
ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 27 September 2001

Legislative Council: 20 November 2001

The long title for the Bill for this Act was "to amend the Water Act 1989
and for other purposes."