Water (Permanent Transfer of Water Rights) (Amendment) Regulations 2000 (Vic)

Water (Permanent Transfer of Water Rights)

(Amendment) Regulations 2000

S.R. No. 38/2000

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provisions	1
3.	Principal Regulations	2
4.	Amendment to objectives	2
5.	Extension of authorising provisions	2
6.	Prescribed irrigation districts	2
7.	Application for transfer of water rights interstate	2
8.	Revocation of redundant provision	2
9.	Districts where water rights may be permanently transferred	3
10.	New regulation 8AA inserted	3
8AA. Transfer into an upstream system	3
11.	Restriction on approval of certain applications	4
12.	Limits on transfers out of part of an irrigation area	4
13.	Form of application	4
14.	Irrigation areas and districts	4
15.	Areas and districts subject to 2% limit	5

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NOTES 6

i

STATUTORY RULES 2000

S.R. No. 38/2000

Water Act 1989

Water (Permanent Transfer of Water Rights)

(Amendment) Regulations 2000

The Governor in Council makes the following Regulations:
Dated: 6 June 2000

Responsible Minister:

SHERRYL GARBUTT

Minister for Environment and Conservation

HELEN DOYE

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are—

(a)	to prescribe the Nyah and Tresco Irrigation Districts as irrigation districts out of which water rights may be permanently transferred;
(b)	to extend the regulations to provide for permanent transfer of water rights interstate;
(c)	to allow the Woorinen part of the Swan Hill Irrigation Area separately to be subject to a limit on transfers out each year.

2. Authorising provisions

These Regulations are made under sections 228 and 324 of the Water Act 1989.

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3. Principal Regulations

In these Regulations, the Water (Permanent called the Principal Regulations.

4. Amendment to objectives

In regulation 2(b)(ii) of the Principal Regulations,
for "section 226" substitute "sections 226 and

226AA".

5. Extension of authorising provisions

In regulation 3 of the Principal Regulations, for
"227 and 228" substitute "226AA, 227, 228 and

324".

6. Prescribed irrigation districts

In regulation 5 of the Principal Regulations, for
"section 226" substitute "sections 226 and

226AA".

7. Application for transfer of water rights interstate

(1) In regulation 6(2)(b) of the Principal Regulations, after "(b)" insert "in the case of a transfer to land elsewhere in Victoria,".

(2) After regulation 6(2)(b) of the Principal

Regulations insert—

"; and

(c) in the case of a transfer to land in another State under section 226AA of the Act, an application for an entitlement in that other State.".

8. Revocation of redundant provision

Regulation 6B of the Principal Regulations is revoked.

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9.  Districts where water rights may be permanently transferred

In regulation 8 of the Principal Regulations—

(a) after paragraph (b) insert— "(ba) subject to regulation 8B, from one

system to another system which is
upstream of the first mentioned system
in accordance with regulation 8AA;

or";

(b) in paragraph (c)—

(i) omit "(except items 16 and 17)";

(ii) after "any land" insert "in Victoria";

(c) after paragraph (c) insert— "(ca) subject to regulations 8A and 8B, from

any of the irrigation districts or areas specified as items 1 to 20 in column 1 of Schedule 6 to any land outside

Victoria;2 or";
10. New regulation 8AA inserted

After regulation 8 of the Principal Regulations insert—

'8AA. Transfer into an upstream system

(1) Subject to regulation 8B, water rights may be

permanently transferred from the Murray
system to the Goulburn system if the transfer
would not result in the net transfer of a
volume of water rights (taking into account
all transfers before the transfer) from the
Murray system to the Goulburn system.

(2) Subject to regulation 8B, water rights may be

permanently transferred from the Goulburn
system to the Campaspe system if the
transfer would not result in the net transfer of

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r. 11 S.R. No. 38/2000

a volume of water rights (taking into account
all transfers before the transfer) from the

Goulburn system to the Campaspe system.

(3) In this regulation—

"Campaspe system" means the irrigation

district numbered 15 in column 1 of

Schedule 6;

"Goulburn system" means the irrigation

areas numbered 2, and 4 to 11 in

column 1 of Schedule 6;

"Murray system" means the irrigation

districts or areas numbered 1, 12 to 14,
and 16 to 20 in column 1 of

Schedule 6.'.

11. Restriction on approval of certain applications

In regulation 8A of the Principal Regulations, after "6(2)(b)" insert "or 6(2)(c)".

12. Limits on transfers out of part of an irrigation area

In regulation 8B of the Principal Regulations—

(a)	after "area or areas" insert "or part of an irrigation area";
(b)	after "those areas" insert "or that part of the irrigation area".

13. Form of application

In Schedule 2A to the Principal Regulations, after

"equivalent volume of water" insert—

", or, for a transfer to land in another State,
an application for an entitlement in that

State".

14. Irrigation areas and districts

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S.R. No. 38/2000 r. 14

In Schedule 6 to the Principal Regulations—

(a)	in column 2 opposite item 16 insert "1, 3, 12, 13, 14, 17, 18, 19, 20";
(b)	in column 2, opposite item 17 insert "1, 3, 12, 13, 14, 16, 18, 19, 20";
(c)	in column 2, opposite each of items 1 to 15 and 18 to 20 insert (in numerical order) "16, 17,";
(d)	in column 2 omit "15," where occurring opposite items 8 and 9.

15. Areas and districts subject to 2% limit

In Schedule 6A to the Principal Regulations—

(a) in item 1, after "Swan Hill I.A." insert "(excluding the Woorinen part)";

(b) after item 8 insert—

"9. Nyah I.D., Tresco I.D.

10.  The Woorinen part of the Swan Hill I.A."3.

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Water (Permanent Transfer of Water Rights) (Amendment)
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Notes. S.R. No. 38/2000

NOTES

1 S.R. No. 269/1991. Reprint No. 1 as at 14 May 1998.

2 Reg. 9: Permanent transfers of water rights to land outside Victoria may also

be affected by the Murray-Darling Basin Agreement (a schedule to the under section 224B of the Water Act 1989.

3 Reg. 15: The separate limit for the Woorinen part of Swan Hill Irrigation

Area is intended to last until 30 June 2002. From 1 July 2002 it is
intended to group the Woorinen part with Nyah and Tresco Irrigation
Districts.