Water Legislation Amendment Act 2023 (Vic)
Water Legislation Amendment Act 2023
No. 10 of 2023
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Water and Catchment Legislation Amendment Act 2021
3Commencement
4Definitions
5Assignment of water allocation
6Section 26 substituted and new section 26A inserted
7Proposed section 64FE of the Water Act 1989 amended—cessation of general place of take approval
8Proposed section 64FZJ of the Water Act 1989 amended—giving particular place of take approval
9Proposed section 64FZK of the Water Act 1989 amended—application for particular place of take approval
10Proposed section 64FZL of the Water Act 1989 substituted—period for particular place of take approval
11Proposed section 64FZM of the Water Act 1989 amended—review by VCAT
12Proposed section 64FZO of the Water Act 1989 amended—application fees
13New Division 5 inserted in proposed Part 4AA of the Water Act 1989
14Limited term transfers
15Standing assignments
16Assignment of water allocation
17Further assignment of water allocation
18New section 39A inserted
19Repeal of Act
Part 3—Amendment of Water Act 1989
20New Subdivision 3A of Division 3 of Part 17 inserted
21Regulatory impact statement not required for first rules made under section 64FZP
Part 4—Repeal of this Act
22Repeal of this Act
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Endnotes
1 General information
Water Legislation Amendment Act 2023
No. 10 of 2023
[Assented to 23 May 2023]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are to—
(a)amend the Water and Catchment Legislation Amendment Act 2021—
(i)to extend the last possible date for a provision of that Act to come into operation; and
(ii)to make minor amendments to proposed new Part 4AA to be inserted into the Water Act 1989 by that Act as to the regulation of places, rates and times of taking water; and
(iii)to make other minor and technical amendments; and
(b)to make minor related amendments to the Water Act 1989.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
PART 2—AMENDMENT OF WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2021
3Commencement
In section 2(2) of the Water and Catchment Legislation Amendment Act 2021, for "2023" substitute "2024".
4Definitions
In section 5(1) of the Water and Catchment Legislation Amendment Act 2021, in the definitions proposed to be inserted in section 3(1) of the Water Act 1989, insert—
"external place of take approval means an approval given under section 64FZS;".
5Assignment of water allocation
After section 11(1) of the Water and Catchment Legislation Amendment Act 2021 insert—
'(1A)After section 33U(1) of the Principal Act insert—
"(1AA)A person who holds a right to take water under a water allocation to which section 33AG(4) applies, after obtaining the approval of the Minister under section 33X, may assign the whole or a part of that water allocation to any person.".'.
6Section 26 substituted and new section 26A inserted
For section 26 of the Water and Catchment Legislation Amendment Act 2021 substitute—
'26 New section 84VB inserted
After section 84VA of the Principal Act insert—
"84VB What details about the holders of certain water rights must be recorded in the water register?
The Minister must ensure that the following details are recorded in the water register—
(a)the name and address of the holder of an approved interstate right;
(b)the name and address of a person holding a right to take water under a water allocation that has been assigned under this Act, including by a further or standing assignment;
(c)any other information in relation to any of the details required in a paragraph of this section that the Minister considers necessary.".
26ANew section 84VC inserted
Before Division 5 of Part 5A of the Principal Act insert—
"84VC What is recorded in the water register about place of take approvals under Part 4AA?
(1)The Minister must ensure that the following details are recorded in the water register about general place of take approvals—
(a)the name and address of the holder of the general place of take approval;
(b)a description of the approved place;
(c)whether the approval is indefinite or for a fixed period;
(d)the amount of water that has been approved under any particular place of take approvals to be taken from the approved place during each water season;
(e)the water-use licence or water-use registration for the land on which the water, taken at the approved place, is authorised to be used;
(f)the notional rationing rate for the approval—
(i)as fixed under Subdivision 2 of Division 2 of Part 4AA; or
(ii)as varied under that Subdivision (if applicable);
(g)any conditions on the approval, including the condition specified in section 64FH;
(h)any other records or information the Minister considers necessary.
(2)The Minister must ensure that the following details are recorded in the water register about particular place of take approvals—
(a)the name and address of the holder of the particular place of take approval;
(b)a description of the approved place;
(c)the amount of water that may be taken under the water allocation to which the particular place of take approval applies;
(d)the water-use licence or water-use registration for the land on which the water, taken under the water allocation, is to be used;
(e)any other records or information the Minister considers necessary.
(3)The Minister must ensure that the following details are recorded in the water register about external place of take approvals—
(a)the name and address of the holder of the external place of take approval;
(b)a description of the approved place;
(c)the amount of water that may be taken under the water allocation to which the external place of take approval applies;
(d)any conditions on the approval, including any condition to which the approval is subject under section 64FZU;
(e)any other records or information the Minister considers necessary.".'.
7Proposed section 64FE of the Water Act 1989 amended—cessation of general place of take approval
In section 32 of the Water and Catchment Legislation Amendment Act 2021, in proposed section 64FE(1)(c)(i)(A) of the Water Act 1989, for "registration; or" substitute "registration; and".
8Proposed section 64FZJ of the Water Act 1989 amended—giving particular place of take approval
(1)In section 32 of the Water and Catchment Legislation Amendment Act 2021, for proposed section 64FZJ(1) of the Water Act 1989 substitute—
"(1)On application under section 64FZK, the Minister may give approval to the holder of a relevant water allocation, or the holder of a right to future relevant water allocations in a class of relevant water allocation, to take water under that water allocation or those water allocations from a place in a declared water system.".
(2)In section 32 of the Water and Catchment Legislation Amendment Act 2021, in proposed section 64FZJ(2) of the Water Act 1989, for "the holder of the relevant water allocation" substitute "the person to whom the approval is to be given".
9Proposed section 64FZK of the Water Act 1989 amended—application for particular place of take approval
In section 32 of the Water and Catchment Legislation Amendment Act 2021, in proposed section 64FZK of the Water Act 1989, for "The holder of a relevant water allocation" substitute "A person".
10Proposed section 64FZL of the Water Act 1989 substituted—period for particular place of take approval
In section 32 of the Water and Catchment Legislation Amendment Act 2021, for proposed section 64FZL of the Water Act 1989 substitute—
"64FZL Period for particular place of take approval
A particular place of take approval ceases to be in force—
(a)for an approval that applies to a relevant water allocation that is not part of a class of relevant water allocation, when the holder of the approval no longer holds the relevant water allocation; or
(b)for an approval that applies to relevant water allocations in a class of relevant water allocation, when the holder of the approval no longer holds—
(i)the right to water under which the holder is entitled to receive current and future relevant water allocations in that class; and
(ii)any relevant water allocation under that right; or
Note
For the purposes of paragraphs (a) and (b), a person no longer holds a relevant water allocation if—
(a)all water under the allocation has been taken; or
(b)water has not been taken under the water allocation before the end of the water season for the allocation and has not been authorised to be taken in a subsequent water season; or
(c)the water otherwise available under the water allocation has been deducted from the holder's right to take water by the Minister under Division 3 of Part 4; or
(d)the water allocation has been assigned to another person.
(c)in any case if—
(i)an external place of take approval or a different particular place of take approval is given for the relevant water allocation or the relevant water allocations in the class of relevant water allocation; or
(ii)the holder of the particular place of take approval no longer holds the general place of take approval for which the particular place of take approval has been given.".
11Proposed section 64FZM of the Water Act 1989 amended—review by VCAT
In section 32 of the Water and Catchment Legislation Amendment Act 2021, in proposed section 64FZM of the Water Act 1989—
(a)in paragraph (k), for "64FZJ." substitute "64FZJ;";
(b)after paragraph (k) insert—
"(l)section 64FZS.".
12Proposed section 64FZO of the Water Act 1989 amended—application fees
In section 32 of the Water and Catchment Legislation Amendment Act 2021, in proposed section 64FZO of the Water Act 1989, for paragraph (d) substitute—
"(d)be accompanied by—
(i)the prescribed fee, if any; or
(ii)if no such fee is prescribed, the fee determined by the Minister.".
13New Division 5 inserted in proposed Part 4AA of the Water Act 1989
In section 32 of the Water and Catchment Legislation Amendment Act 2021, after Division 4 of proposed Part 4AA of the Water Act 1989 insert—
"Division 5—External place of take approval
64FZROffence for external place of take approval
(1)A person must not take water under a relevant water allocation from a place—
(a)that is not in a declared water system; or
(b)that is not in Victoria.
Penalty:60 penalty units.
(2)A person does not contravene subsection (1) if—
(a)the person is—
(i)an Authority; or
(ii)the Water Holder; or
(b)the person is acting under and in accordance with the approval of the Minister under section 64FZS.
64FZSGiving of external place of take approval
(1)On application under section 64FZT, the Minister may give approval to a person who is the holder of a relevant water allocation or the holder of a right to future water allocations in a class of relevant water allocation to take water under that water allocation or those water allocations from a place—
(a)that is not in a declared water system; or
(b)that is not in Victoria.
(2)In giving approval under subsection (1), the Minister—
(a)must apply any relevant rules made under Division 4; and
(b)may have regard to any other matters that the Minister considers relevant.
64FZTApplication for external place of take approval
A person may apply to the Minister for an external place of take approval.
64FZUConditions on external place of take approvals
An external place of take approval is subject to—
(a)any conditions fixed by the Minister; and
(b)any prescribed conditions.
64FZVPeriod of approval
An external place of take approval ceases to be in force—
(a)for an approval that applies to a relevant water allocation that is not part of a class of relevant water allocation, when the holder of the approval no longer holds the relevant water allocation; or
(b)for an approval that applies to relevant water allocations in a class of relevant water allocation, when the holder of the approval no longer holds—
(i)the right to water under which the holder is entitled to receive current and future relevant water allocations in that class; and
(ii)any relevant water allocation under that right; or
Note
For the purposes of paragraphs (a) and (b), a person no longer holds a relevant water allocation if—
(a)all water under the allocation has been taken; or
(b)water has not been taken under the water allocation before the end of the water season for the allocation and has not been authorised to be taken in a subsequent water season; or
(c)the water otherwise available under the water allocation has been deducted from the holder's right to take water by the Minister under Division 3 of Part 4; or
(d)the water allocation has been assigned to another person.
(c)in any case a different external place of take approval or a particular place of take approval is given for the relevant water allocation or the relevant water allocations in the class of relevant water allocation.".
14Limited term transfers
In section 36 of the Water and Catchment Legislation Amendment Act 2021, for the note at the foot of proposed section 33T(4) of the Water Act 1989 substitute—
"Note
Approvals under Part 4AA are also required before water can be taken under water allocations under a limited term transfer.".
15Standing assignments
In section 37 of the Water and Catchment Legislation Amendment Act 2021, for the note at the foot of proposed section 33TA(3) of the Water Act 1989 substitute—
"Note
Approvals under Part 4AA are also required before water can be taken under an assigned water allocation.".
16Assignment of water allocation
In section 38(2) of the Water and Catchment Legislation Amendment Act 2021, for the note at the foot of proposed section 33U(4) of the Water Act 1989 substitute—
"Note
Approvals under Part 4AA are also required before water can be taken under an assigned water allocation.".
17Further assignment of water allocation
In section 39 of the Water and Catchment Legislation Amendment Act 2021, for the note at the foot of proposed section 33V(2) of the Water Act 1989 substitute—
"Note
Approvals under Part 4AA are also required before water can be taken under a further assigned water allocation.".
18New section 39A inserted
After section 39 of the Water and Catchment Legislation Amendment Act 2021 insert—
'39A Approval of Minister to taking of interstate water
At the foot of section 33AG(1) of the Principal Act insert—
"Note
Approvals under Part 4AA are also required before water can be taken under an approval under subsection (1).".'.
19Repeal of Act
In section 149 of the Water and Catchment Legislation Amendment Act 2021, for "2024" substitute "2025".
PART 3—AMENDMENT OF WATER ACT 1989
20New Subdivision 3A of Division 3 of Part 17 inserted
After Subdivision 3 of Division 3 of Part 17 of the Water Act 1989 insert—
"Subdivision 3A—Transitional provision for external place of take approvals
358ATransition to external place of take approval for certain approvals under section 33AI
(1)On the commencement day, a person who, immediately before the commencement day, was the holder of a transitioning section 33AI approval, is taken to hold an external place of take approval.
(2)For the purposes of subsection (1), the external place of take approval is taken to be—
(a)an approval to take water from the same place as that to which the transitioning section 33AI approval applied; and
(b)subject to the same terms and conditions (if any) as those that applied to the transitioning section 33AI approval.
(3)In this section—
transitioning section 33AI approval means an approval under section 33AI, as in force before the commencement day, to take water from a place—
(a)that is outside Victoria; or
(b)that is not in a declared water system.".
21Regulatory impact statement not required for first rules made under section 64FZP
After section 366(2) of the Water Act 1989 insert—
"(3)If an exemption certificate is issued by the Minister under section 12F of the Subordinate Legislation Act 1994 in respect of an Order made under section 64FZP that comes into effect on the commencement day, subsections (1) and (2) do not apply to that Order.".
PART 4—REPEAL OF THIS ACT
22Repeal of this Act
This Act is repealed on the first anniversary of its commencement.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 22 March 2023
Legislative Council: 4 May 2023
The long title for the Bill for this Act was "A Bill for an Act to amend the Water and Catchment Legislation Amendment Act 2021 to make minor and technical amendments to that Act, to make minor related amendments to the Water Act 1989 and for other purposes."
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