Water (Notice of Disposition of Land) Regulations 2020 (Vic)

Version No. 001

Water (Notice of Disposition of Land) Regulations 2020

S.R. No. 74/2020

Version as at

22 July 2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Definitions

6Notice of disposition of land

7Expiry

Schedule 1

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Water (Notice of Disposition of Land) Regulations 2020

S.R. No. 74/2020

Version as at

22 July 2020

1Objective

The objective of these Regulations is to provide for notice of disposition of land.

2Authorising provision

These Regulations are made under section 324 of the Water Act 1989.

3Commencement

These Regulations come into operation on 22 July 2020.

4Revocation

The Water (Notice of Disposition of Land) Regulations 2010[1] are revoked.

5Definitions

In these Regulations—

the Act means the Water Act 1989.

6Notice of disposition of land

(1)For the purposes of section 159 of the Act, a prescribed person who must give notice under that section in relation to the disposition of land is a person who disposes of any land in respect of which a fee has been imposed under section 259 of the Act by an Authority.

(2)For the purposes of section 159(a) of the Act, the prescribed form of a notice under section 159 of the Act is Form 1 in Schedule 1 and the prescribed particulars are those set out in Form 1.

(3)For the purposes of section 159(b) of the Act, the prescribed person for receipt of a notice under section 159 of the Act is the Managing Director or Chief Executive Officer, as the case may be, of the Authority that imposed the fee under section 259 of the Act in relation to the land disposed of.

(4)For the purposes of section 159(c) of the Act, the prescribed period for giving a notice under section 159 of the Act is one month after the disposal of the land.

7Expiry

These Regulations expire on 3 August 2021.

Schedule 1

FORM 1

Regulation 6(2)

NOTICE OF DISPOSITION OF LAND

PERSONAL DETAILS OF VENDOR/TRANSFEROR

1. Full name of vendor/transferor and if applicable, name of trustee and trust and ACN or ABN:

2.Address of vendor/transferor at time of transfer:

3.Address for future correspondence for vendor/transferor:

4.Email and telephone number of vendor/transferor:

PERSONAL DETAILS OF PURCHASER/TRANSFEREE

5.Full name of purchaser/transferee and if applicable, name of trustee and trust and ACN or ABN:

6.Known address of purchaser/transferee at the time of the transfer:

7.Address for future correspondence for purchaser/transferee:

8.Email and telephone number of purchaser/transferee:

DETAILS OF THE LAND

9.Flat or unit number, street number, name of street or road, suburb, town or district, postcode:

10. Lot number and plan number:

11. Crown allotment number:

12.Section or portion, parish:

13.Area of the land:

14. Description of land—property code: [insert relevant code number in the Table at the end of this Form to describe the use of the land]

NOTE: If the land falls within more than one description in the Table please enter the code numbers that describe the uses of the land.

TRANSFER DETAILS

15. Date of contract (if applicable):

16. Date of possession or transfer of the land, whichever is the earlier date:

CONTACT DETAILS AND CERTIFICATION

17. Name, email and telephone number of vendor's/transferor's Australian legal practitioner or agent (if any):

18. Name, email and telephone number of purchaser's/transferee's Australian legal practitioner or agent (if any):

19. I, being the vendor/transferor of the land that is the subject of this Notice, certify that the particulars contained in this Notice are true and correct to the best of my knowledge.

*Signature of vendor/transferor:

*Signature of Australian legal practitioner or agent acting on behalf of the vendor/transferor:

Date:

*Delete if inapplicable

Table—Property code numbers for description of land

Residential vacant land
100	Vacant land
101	Development land
102	Subdivisional land
103	Rural lifestyle land
Residential
110	Dwelling
112	Row house/terrace
117	Rural lifestyle dwelling
120	Unit freestanding
125	Flat Multi‑storey
126	Car park
140	Retirement unit
141	Retirement complex
142	Aged Care complex
Commercial
200	Vacant land
210	Single retail
211	Multi. retail
212	Mixed use retail
213	Shopping centre
214	National retail
215	Service station
216	Multi-service station
220	Office premises
230	Hotel/motel
234	Caravan park
240	Licensed premises/restaurant
250	Entertainment complex
251	Cinema complex
270	Health surgery
271	Health clinic
275	Veterinary clinic
280	Ground parking
281	Multi-level parking
284	Car yard
Industrial
300	Vacant Land
310	Factory
311	Processing factory
320	General warehouse
321	Open storage
325	Coolstore/coldstore
331	Abattoirs
Extractive industries
410	Sand
411	Gravel/stone
412	Manufacturing materials
413	Soil
Primary production
500	Native bushland
510	Cropping
520	Domestic Grazing
521	Non-native animals
522	Native animals
523	Sheep
524	Beef cattle
525	Dairy cattle
540	Cattle feed lot
541	Poultry
544	Horse stud/stables
545	Piggery
546	Kennel/cattery
550	Market garden
551	Orchard/groves
561	Vineyard
562	Plant/nursery
Infrastructure
600	Vacant land
610	Gas/fuel wells
620	Power station
Community Services
710	Public hospital
711	Private hospital
720	Kindergarten
721	Government school
722	School camps
723	Private school
725	University
726	TAFE
740	Place of worship
750	Hall
Sport
800	Vacant land
820	Indoor sports
821	Outdoor sport

═════════════

Endnotes

1   General information

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

The Water (Notice of Disposition of Land) Regulations 2020, S.R. No. 74/2020 were made on 21 July 2020 by the Governor in Council under section 324 of the Water Act 1989, No. 80/1989 and came into operation on 22 July 2020: regulation 3.

The Water (Notice of Disposition of Land) Regulations 2020 will expire on 3 August 2021: see regulation 7.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

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

References to ILA s. 39B

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

Interpretation

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

•     Headings

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

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

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

•     Location of "legislative items"

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

•     Other material

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

2   Table of Amendments

There are no amendments made to the Water (Notice of Disposition of Land) Regulations 2020 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 4: S.R. No. 72/2010.