Water Legislation (Amendment) Act 2003 (Vic)

Water Legislation (Amendment) Act 2003

ts	Act No. 90/2003
n
e
m	TABLE OF PROVISIONS

u	Section	Page
c
o	PART 1—PRELIMINARY	1
D

1. Purpose 1

ry 2. Commencement 2

ta PART 2—AMENDMENT OF WATER ACT 1989 3

n	3.	Jurisdiction of Tribunal	3
e	4.	New penalties	3
m	5.	By-laws	3
ia	6.	New sections 170A to 170G inserted	4

rl	170A.	Preparation and adoption of permanent water saving
plan 4
a	170B.	Variation of plan 6
P	170C.	Major deviations from plan 7
d	170D.	Copy of plan 8
n	170E.	Implementation of plan 8
a	170F.	Contravention of plan 9
170G.	Inconsistency 10

n	7.	Prosecutions	10
o

ti PART 3—AMENDMENT OF WATER INDUSTRY ACT 1994 11

la	8.	Jurisdiction of Tribunal	11
is	9.	Contravention of plan	11
10.	New Division 1B inserted in Part 3	12
g
e	Division 1B—Permanent water saving plan	12
L	78I.	Application of this Division	12
n	78J.	Preparation and adoption of plan	12
a	78K.	Variation of plan	13
ri	78L.	Major deviations from plan	15
to	78M.	Copy of plan	15
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Section	Page
PART 4—STATUTE LAW REVISION	19

12.	Amendment to Water Act 1989	19
13.	Amendments to Water Industry Act 1994	19

ts	═══════════════
n

e	ENDNOTES	20
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c
o	Victoria
D
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n	No. 90 of 2003
e
m
ia
rl	Water Legislation (Amendment) Act
a
P	2003†
d	[Assented to 11 November 2003]
n
a
n
o
ti
la	The Parliament of Victoria enacts as follows:
is
g
e	PART 1—PRELIMINARY
L

1. Purpose

n

a	The main purpose of this Act is to amend the
ri	Water Act 1989 and the Water Industry Act
to	1994 to provide for permanent water saving plans
ic	and increase the penalties for certain offences
V	relating to the use of water.

Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 1—Preliminary

s. 2

2. Commencement

This Act comes into operation on the day after the

ts	day on which it receives the Royal Assent.
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Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 2—Amendment of Water Act 1989

s. 3

PART 2—AMENDMENT OF WATER ACT 1989

ts	3. Jurisdiction of Tribunal
n	See:

(1) After section 19(3)(a) of the Water Act 1989

e Act No.

insert— 80/1989.

m Reprint No. 6

u	"(ab) may make an order for payment of a sum of	as at
4 April 2002
c	money awarding damages in the nature of	and
o	interest; or".	amending
D	Act Nos

(2) After section 19(3A) of the Water Act 1989 5/2002,

ry 11/2002,

insert— 23/2002,

ta 48/2002 and

"(4) In awarding damages in the nature of 48/2003.

n	interest, the Tribunal may base the amount	LawToday:
e	awarded on the interest rate fixed from time	dpc.vic. gov.au
m	to time under section 2 of the Penalty
ia	Interest Rates Act 1983 or on any lesser
rl	rate that it considers appropriate.".

a	4. New penalties
P

(1) For the penalty set out at the foot of sections

d

n	63(1), 63(1A), 288(1) and 289(1) of the Water
a	Act 1989 substitute—
n	"Penalty: For a first offence, 60 penalty units or
o
ti	imprisonment for 6 months.
la	For a subsequent offence, 120 penalty
is	units or imprisonment for 12 months.".
g	(2) In sections 63(2), 288(2) and 289(2) of the Water
e	Act 1989, after "continues" insert "(up to a
L	maximum of 20 additional penalty units)".
n	5. By-laws
a
ri	At the end of section 171 of the Water Act 1989
to	insert—
ic	"(2) A penalty imposed for a contravention of a
V	by-law made under sub-section (1)(a) must not exceed—

Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 2—Amendment of Water Act 1989

s. 6

(a) for a first offence, 40 penalty units or imprisonment for 3 months; and

ts	(b)	for a subsequent offence, 80 penalty
n	units or imprisonment for 6 months—

e	and, in the case of a continuing
m	contravention, an additional penalty not
u	exceeding 5 penalty units for each day on
c	which the offence continues (up to a
o	maximum of 20 additional penalty units)—
D

(c) after service of a notice of

ry	contravention on the person under
ta	section 151; or
n	(d) if no notice of contravention is served,
e	after conviction of the person for the
m	offence.".
ia
rl	6. New sections 170A to 170G inserted
a	After section 170 of the Water Act 1989 insert—
P

"170A. Preparation and adoption of permanent

d	water saving plan
n
a	(1) An Authority must prepare a permanent
n	water saving plan and submit that plan to the
o	Minister for approval on or before the date
ti	specified by the Minister.
la	(2) The Minister may, by notice served on the
is	Authority, give directions or issue guidelines
g	concerning the form of, and the information
e	to be contained in, such a plan.
L

(3) In preparing a plan, an Authority must—

n
a

ri	(a) comply with any written directions; and
to	(b) have regard to any written guidelines—
ic	given or issued by the Minister under sub-
V	section (2).

Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 2—Amendment of Water Act 1989

s. 6

(4) Without limiting sub-section (2), a plan must
contain a Schedule setting out restrictions or

prohibitions on the use of water in any area,

ts	or a specified part of any area, in respect of
n	which the Authority has the function of
e	providing a water supply system.
m
u	(5) Without limiting sub-section (4), a restriction
c	may require a use of water to be approved by
o	a specified person or a specified class of
D	person.
ry	(6) Before submitting a plan to the Minister
ta	under sub-section (1), an Authority must
ensure that a notice in accordance with sub-
n
e	section (7) is published in the Government Gazette and a newspaper circulating
m
ia	generally in any area capable of being
rl	affected by the plan.
a	(7) A notice must—
P	(a) summarise the restrictions and
d	prohibitions proposed by the plan;
n
a	(b) specify where a copy of the proposed plan can be obtained;
n
o	(c) invite public comments or submissions
ti	within such time (being not less than
la	28 days from the latest day on which
is	the notice is published under sub-
g	section (6)) as is specified in the notice.
e	(8) An Authority must ensure that all comments
L	and submissions received before the date
n	specified in the notice in response to the
a
ri	notice are considered, and any variations to the proposed plan that the Authority thinks
to	fit are made, before the proposed plan is
ic	submitted to the Minister under sub-
V	section (1).

Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 2—Amendment of Water Act 1989

s. 6

(9) An Authority must adopt a plan as approved by the Minister under sub-section (1).

ts	170B. Variation of plan
n	(1) An Authority may at any time, in accordance
e	with this section, make any variations to an
m	adopted permanent water saving plan that it
u	thinks fit.
c
o	(2) Before making any variation to an adopted
D	plan, an Authority must submit the proposed
ry	variation to the Minister for approval.
ta	(3) The Minister may at any time, by notice

served on the Authority, require an Authority

n	to review a permanent water saving plan and
e	submit a revised plan to the Minister for
m	approval on or before the date specified by
ia
rl	the Minister.
a	(4) In preparing a variation to an adopted plan or
P	a revised plan, an Authority must—
d	(a) comply with any written directions; and
n	(b) have regard to any written guidelines—
a
n	given or issued by the Minister under section
o	170A(2) concerning the form of, and the
ti	information to be contained in, a permanent
la	water saving plan.
is	(5) Except with the approval of the Minister,
g	before submitting a proposed variation or
e	revised plan to the Minister under sub-
L	section (2) or (3), an Authority must ensure
n	that a notice in accordance with sub-
a
ri	section (6) is published in the Government
Gazette and a newspaper circulating
to	generally in any area capable of being
ic	affected by the proposed variation or revised
V	plan.

Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 2—Amendment of Water Act 1989

s. 6

(6) A notice must—

(a) summarise the proposed variation or

ts	revised plan;
n	(b) specify where a copy of the proposed
e	variation or revised plan can be
m	obtained;
u
c	(c) invite public comments or submissions
o	within such time (being not less than
D	28 days from the latest day on which the notice is published under sub-
ry	section (5)) as is specified in the notice.
ta	(7) An Authority must ensure that all comments
n	and submissions received before the date
e	specified in the notice in response to the
m	notice are considered, and any changes to the
ia	proposed variation or changes to the
rl	proposed revised plan that the licensee thinks
a	fit are made, before the proposed variation or
P	revised plan is submitted to the Minister
d	under sub-section (2) or (3).
n
a	(8) An Authority must vary a permanent water saving plan, or adopt a revised permanent
n
o	water saving plan, as approved by the
ti	Minister under sub-section (2) or (3).
la	170C. Major deviations from plan
is	(1) An Authority must not make a major
g	deviation from a permanent water saving
e
L	plan.

(2) The Minister may issue guidelines as to what

n

a	are major deviations for the purposes of sub-
ri	section (1).
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Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 2—Amendment of Water Act 1989

s. 6

170D. Copy of plan

(1) The permanent water saving plan of an

ts	Authority at any time is that plan adopted in
n	accordance with section 170A or 170B(8), as
e	varied under section 170B at that time.
m	(2) An Authority must ensure that an up to date
u	copy of its permanent water saving plan is
c	available at its offices during business hours
o	for inspection on request.
D

170E. Implementation of plan

ry

ta (1) An Authority must implement

immediately—

n

e	(a)	a permanent water saving plan adopted
m	by the Authority in accordance with
ia
rl
section 170A or 170B(8);

(b) a variation to an adopted permanent

a	water saving plan referred to in
P	paragraph (a).
d	(2) Implementation involving the imposition or
n
a	removal of restrictions or prohibitions on the use of water in an area may be effected by
n	the Authority publishing a notice in the
o
ti	Government Gazette and a newspaper
la	circulating generally in the area specifying—

is	(a)	the restrictions or prohibitions imposed
g	or being substituted or removed; and

e	(b) the area to which they apply or applied;
L	and
n
a	(c) the time from which they apply or
ri	cease to apply, not being earlier than
to	the latest day on which the notice is
ic	published.
V

Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 2—Amendment of Water Act 1989

s. 6

(3) A person cannot be convicted of an offence

against section 170F in respect of a
contravention of a restriction or prohibition

ts	on the use of water contained in a permanent
n	water saving plan if prior to the relevant time
e	notice of the particular restriction or
m	prohibition had not been published in
u	accordance with sub-section (2).
c
o	170F. Contravention of plan
D	(1) A person who receives a supply of water
ry	from an Authority must not, after receiving a
ta	warning notice from the Authority, contravene a restriction or prohibition on the
n
e	use of that water contained in a permanent water saving plan of the Authority.
m
ia	Penalty:  For a first offence, 10 penalty
rl	units;
a	For a subsequent offence,
P	20 penalty units.
d	(2) A person who is guilty of an offence under
n
a	sub-section (1) that is of a continuing nature is liable, in addition to the penalty set out at
n
o	the foot of that sub-section, to a further
ti	penalty of not more than 2 penalty units for
la	each day during which the offence continues
(up to a maximum of 20 additional penalty
is	units)—
g
e	(a) after service of a notice of
L	contravention on the person under
n	section 151; or
a

ri	(b)	if no notice of contravention is served,
to	after conviction.
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Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 2—Amendment of Water Act 1989

s. 7

170G. Inconsistency

(1) If there is an inconsistency between a

ts	restriction or prohibition in a by-law and a
n	permanent water saving plan applying to a
e	person who receives a supply of water from
m	an Authority, the person must comply with
u	the restriction or prohibition in the by-law.
c	(2) A restriction or prohibition in a permanent
o	water saving plan is of no effect to the extent
D	of that inconsistency.".
ry	7. Prosecutions
ta	(1) After section 296(1)(b) of the Water Act 1989
n
e	insert—
"(ba) in the case of an offence against section
m
ia	288(1), 289(1) or 290(1) where the relevant
rl	licensee is a licensee referred to in section
a	17(1) of the Water Industry Act 1994, an
P	employee of the licensee authorised to do so, either generally or in any particular case, by
d
n	the licensee; or".
a	(2) After section 296(2) of the Water Act 1989
n	insert—
o
ti	"(3) An employee of a licensee may only be
la	authorised by the licensee under sub-
section (1)(ba) if the licensee is satisfied that
is	the employee is appropriately qualified and
g	trained.".
e
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Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 3—Amendment of Water Industry Act 1994

s. 8

PART 3—AMENDMENT OF WATER INDUSTRY ACT 1994

ts	8. Jurisdiction of Tribunal
n	See:

(1) After section 74A(2)(b) of the Water Industry

e Act No.

Act 1994 insert— 121/1994.

m Reprint No. 4

u	"(ba) make an order for payment of a sum of	as at
14 February
c	money awarding damages in the nature of	2002
o	interest;".	and
D	amending

(2) After section 74A(2) of the Water Industry Act Act Nos

ry 54/2001 and

1994 insert— 11/2002.

ta LawToday:

"(2A) In awarding damages in the nature of

n	interest, the Tribunal may base the amount	dpc.vic. gov.au
e	awarded on the interest rate fixed from time
m	to time under section 2 of the Penalty
ia	Interest Rates Act 1983 or on any lesser
rl	rate that it considers appropriate.".

a	9. Contravention of plan
P
d	For the penalty set out at the foot of section 78H
n	of the Water Industry Act 1994 substitute—
a	"Penalty: For a first offence, 40 penalty units or
n	imprisonment for 3 months;
o
ti	For a subsequent offence, 80 penalty
la	units or imprisonment for 6 months;
is	For a continuing offence, an additional
g	penalty of 5 penalty units for each day
e	on which the offence continues (up to a
L	maximum of 20 additional penalty
n	units) after service of a notice of
a	contravention on the person under
ri	section 69.".
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Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 3—Amendment of Water Industry Act 1994

s. 10

10. New Division 1B inserted in Part 3

After Division 1A of Part 3 of the Water

ts	Industry Act 1994 insert—
n
e	"Division 1B—Permanent water saving plan
m	78I. Application of this Division
u
c	This Division applies to a licensee who is the
o	holder of a water licence or a water and
D	sewerage licence.
ry	78J. Preparation and adoption of plan
ta	(1) A licensee must prepare a permanent water
n	saving plan and submit that plan to the
e	Minister for approval on or before the date
m	specified by the Minister.
ia
rl	(2) The Minister may, by notice served on the

licensee, give directions or issue guidelines

a	concerning the form of, and the information
P	to be contained in, such a plan.
d
n	(3) In preparing a plan, a licensee must—
a	(a) comply with any written directions; and
n	(b) have regard to any written guidelines—
o
ti	given or issued by the Minister under sub-
la	section (2).
is	(4) Without limiting sub-section (2), a plan must
g	contain a Schedule setting out restrictions or
e	prohibitions on the use of water in any area,
L	or a specified part of any area, in respect of
n	which the licensee has the function of
a
ri	providing a water supply system.
to	(5) Without limiting sub-section (4), a restriction
ic	may require a use of water to be approved by
a specified person or a specified class of
V	person.

Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 3—Amendment of Water Industry Act 1994

s. 10

(6) Before submitting a plan to the Minister

under sub-section (1), a licensee must ensure
that a notice in accordance with sub-

ts	section (7) is published in the Government
n	Gazette and a newspaper circulating
e	generally in any area capable of being
m	affected by the plan.
u
c	(7) A notice must—
o	(a) summarise the restrictions and
D	prohibitions proposed by the plan;
ry	(b) specify where a copy of the proposed
ta	plan can be obtained;
n	(c) invite public comments or submissions
e	within such time (being not less than
m	28 days from the latest day on which
ia	the notice is published under sub-
rl	section (6)) as is specified in the notice.
a
P	(8) A licensee must ensure that all comments and submissions received before the date
d
n	specified in the notice in response to the
a	notice are considered, and any variations to the proposed plan that the licensee thinks fit
n
o	are made, before the proposed plan is
ti	submitted to the Minister under sub-
la	section (1).
is	(9) A licensee must adopt a plan as approved by
g	the Minister under sub-section (1).
e	(10) The Minister must consult with the Treasurer
L	before approving a permanent water saving
n	plan.
a
ri	78K. Variation of plan
to	(1) A licensee may at any time, in accordance
ic	with this section, make any variations to an
V	adopted permanent water saving plan that it thinks fit.

Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 3—Amendment of Water Industry Act 1994

s. 10

(2) Before making any variation to an adopted

plan, a licensee must submit the proposed

ts	variation to the Minister for approval.
n	(3) The Minister may at any time, by notice
e	served on the licensee, require a licensee to
m	review a permanent water saving plan and
u	submit a revised plan to the Minister for
c	approval on or before the date specified by
o	the Minister.
D	(4) In preparing a variation to an adopted plan or
ry	a revised plan, a licensee must—
ta	(a) comply with any written directions; and
n	(b) have regard to any written guidelines—
e
m	given or issued by the Minister under section
ia	78J(2) concerning the form of, and the
rl	information to be contained in, a permanent
a	water saving plan.
P	(5) Except with the approval of the Minister,
d	before submitting a proposed variation or
n	revised plan to the Minister under sub-
a	section (2) or (3), a licensee must ensure that
n	a notice in accordance with sub-section (6) is
o	published in the Government Gazette and a
ti	newspaper circulating generally in any area
la	capable of being affected by the proposed
is	variation or revised plan.
g	(6) A notice must—
e

L	(a)	summarise the proposed variation or
n	revised plan;
a

ri (b) specify where a copy of the proposed

variation or revised plan can be

to	obtained;
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Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 3—Amendment of Water Industry Act 1994

s. 10

(c) invite public comments or submissions within such time (being not less than 28 days from the latest day on which

ts	the notice is published under sub-
n	section (5)) as is specified in the notice.
e

(7) A licensee must ensure that all comments

m

u	and submissions received before the date
c	specified in the notice in response to the
o	notice are considered, and any changes to the
D	proposed variation or changes to the
ry	proposed revised plan that the licensee thinks
fit are made, before the proposed variation or
ta	revised plan is submitted to the Minister
n	under sub-section (2) or (3).
e

(8) A licensee must vary a permanent water

m

ia	saving plan, or adopt a revised permanent
rl	water saving plan, as approved by the
Minister under sub-section (2) or (3).
a
P	(9) The Minister must consult with the Treasurer
d	before approving—
n	(a) any variation to a permanent water
a	saving plan; or
n	(b) a revised permanent water saving plan.
o
ti	78L. Major deviations from plan
la	(1) A licensee must not make a major deviation
is	from a permanent water saving plan.
g
e	(2) The Minister may issue guidelines as to what
L	are major deviations for the purposes of sub-
n	section (1).
a
ri	78M. Copy of plan
to	(1) The permanent water saving plan of a

licensee at any time is that plan adopted in

ic	accordance with section 78J or 78K(8), as
V	varied under section 78K at that time.

Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 3—Amendment of Water Industry Act 1994

s. 10

(2) A licensee must ensure that an up to date

copy of its permanent water saving plan is
available at its offices during business hours

ts	for inspection on request.
n
e	78N. Implementation of plan
m	(1) A licensee must implement immediately—
u
c	(a) a permanent water saving plan adopted
o	by the licensee in accordance with
D	section 78J or 78K(8);

ry	(b)	a variation to an adopted permanent
ta	water saving plan referred to in
paragraph (a).
n

e	(2) Implementation involving the imposition or
m	removal of restrictions or prohibitions on the
ia	use of water in an area may be effected by
rl	the licensee publishing a notice in the
a	Government Gazette and a newspaper
P	circulating generally in the area specifying—
d	(a) the restrictions or prohibitions imposed
n	or being substituted or removed; and
a

(b) the area to which they apply or applied;

n	and
o
ti	(c) the time from which they apply or
la	cease to apply, not being earlier than
is	the latest day on which the notice is
g	published.
e	(3) A person cannot be convicted of an offence
L	against section 78O in respect of a
n	contravention of a restriction or prohibition
a
ri	on the use of water contained in a permanent
water saving plan if prior to the relevant time
to	notice of the particular restriction or
ic	prohibition had not been published in
V	accordance with sub-section (2).

Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 3—Amendment of Water Industry Act 1994

s. 10

78O. Contravention of plan

A person who receives a supply of water

ts	from a licensee must not, after receiving a
n	warning notice from the licensee, contravene
e	a restriction or prohibition on the use of that
m	water contained in a permanent water saving
u	plan of the licensee.
c	Penalty:  For a first offence, 10 penalty
o	units;
D
For a subsequent offence,
ry	20 penalty units;
ta	For a continuing offence, an
n	additional penalty of 2 penalty
e	units for each day on which the
m	offence continues (up to a
ia	maximum of 20 additional penalty
rl	units) after service of a notice of
a	contravention on the person under
P	section 69.
d	78P. Inconsistency
n
a	(1) If there is an inconsistency between a
n	restriction or prohibition in—
o

ti	(a)	a drought response plan and a
la	permanent water saving plan; or
is	(b)	an emergency management plan and a
g	permanent water saving plan—

e	applying to a person who receives a supply
L	of water from a licensee, the person must
n	comply with the restriction or prohibition in
a
ri	the drought response plan or emergency
management plan.
to	(2) A restriction or prohibition in a permanent
ic	water saving plan is of no effect to the extent
V	of that inconsistency.".

Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 3—Amendment of Water Industry Act 1994

s. 11

11. Prosecutions

(1) After section 179(1)(a) of the Water Industry

ts	Act 1994 insert—
n	"(ab) in the case of an offence against section 78H
e	or 78O, where the licensee responsible for
m	the implementation of the relevant plan is a
u	licensee referred to in section 17(1), an
c	employee of the licensee authorised to do so,
o	either generally or in any particular case, by
D	the licensee; or".
ry	(2) After section 179(2) of the Water Industry Act
ta	1994 insert—
n	"(3) An employee of a licensee may only be
e	authorised by a licensee under sub-
m	section (1)(ab) if the licensee is satisfied that
ia	the employee is appropriately qualified and
rl	trained.".
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Water Legislation (Amendment) Act 2003

Act No. 90/2003

Part 4—Statute Law Revision

s. 12

PART 4—STATUTE LAW REVISION

ts	12. Amendment to Water Act 1989
n	Section 295(1)(g) of the Water Act 1989 is
e	repealed.
m
u	13. Amendments to Water Industry Act 1994
c	(1) In section 3 of the Water Industry Act 1994
o	insert the following definition—
D
ry	' "Tribunal" means Victorian Civil and

Administrative Tribunal established by the

ta	Victorian Civil and Administrative
n	Tribunal Act 1998;'.
e

(2) In sections 30(3), 63(7), 65(5), 67(8), 74(4)(e),

m

ia	84(3) and 86(4) of the Water Industry Act 1994,
rl	for "Administrative Appeals Tribunal" substitute
"Tribunal".
a
P	(3) In section 10(3)(b) of the Water Industry Act
d	1994 for "the Office" substitute "the
n	Commission".
a	═══════════════
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Water Legislation (Amendment) Act 2003

Act No. 90/2003

Endnotes

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 17 September 2003
e
Legislative Council: 28 October 2003
m
u	The long title for the Bill for this Act was "to amend the Water Act 1989
c	and the Water Industry Act 1994 and for other purposes."
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