Water (Place of Take) Amendment Regulations 2024 (Vic)

Water (Place of Take) Amendment Regulations 2024

S.R. No. 32/2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5Prescribed circumstances for issuing a prohibition determination

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Endnotes

STATUTORY RULES 2024

S.R. No. 32/2024

Water Act 1989

Water (Place of Take) Amendment Regulations 2024

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 14 May 2024

Responsible Minister:

HARRIET SHING
Minister for Water

ANGELA SMITH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Water (Place of Take) Regulations 2023 to prescribe circumstances in which the Minister can make prohibition determinations under section 64FZE of the Water Act 1989 in relation to the Broken, Bullarook and Ovens declared water systems.

2Authorising provision

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

3Commencement

These Regulations come into operation on 22 May 2024.

4Definitions

(1)In regulation 5(1) of the Water (Place of Take) Regulations 2023[1] insert the following definitions—

"Broken water system means the Broken water system declared under the Order Declaring Water Systems in Northern Victoria 2007 made under section 6A of the Act on 19 June 2007, published in the Government Gazette on 21 June 2007;

Bullarook water system means the Bullarook water system declared under the Order Declaring Water Systems in Northern Victoria 2007 made under section 6A of the Act on 19 June 2007, published in the Government Gazette on 21 June 2007;

Ovens water system means the Ovens water system declared under the Order Declaring Water Systems in Northern Victoria 2007 made under section 6A of the Act on 19 June 2007, published in the Government Gazette on 21 June 2007;".

(2)In the note at the foot of regulation 5(1) of the Water (Place of Take) Regulations 2023—

(a)after "approved place," insert "Basin Plan,";

(b)after "water system zone." insert "These Regulations also use the following terms that are defined in section 64FA of the Act: prohibition determination, restriction determination.".

5Prescribed circumstances for issuing a prohibition determination

At the end of regulation 6 of the Water (Place of Take) Regulations 2023 insert—

"(2)For the purposes of making a prohibition determination that applies to a specified area within the Broken water system, Bullarook water system or Ovens water system and for a period or periods of time in accordance with section 64FZE(3)(a) of the Act, the prescribed circumstances are that the Minister reasonably believes that—

(a)the amount of water that can be delivered to the specified area on a daily basis or throughout a water season is not enough, or soon will not be enough, to meet all of the following—

(i)the demand to take water from the approved places in the area;

(ii)the commitments to deliver water downstream of the area;

(iii)any water system management requirements; and

(b)either—

(i)making a restriction determination is not sufficient to ensure water system management requirements are met; or

(ii)making the prohibition determination is in the public interest.".

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ENDNOTES

[1] Reg. 4(1): S.R. No. 111/2023.