Water (Resource Management) Amendment (Fees) Regulations 2023 (Vic)

Water (Resource Management) Amendment (Fees) Regulations 2023

S.R. No. 110/2023

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Objective

6Definitions

7Fee for application to revoke a standing assignment

8Fee for application to give a standing assignment

9Regulations 19 and 20 substituted and new regulations 20A to 20C inserted

10Regulation 21 substituted

11Group applications

12Exceptions to regulations in this Part

13New regulation 29AA inserted

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Endnotes

STATUTORY RULES 2023

S.R. No. 110/2023

Water Act 1989

Water (Resource Management) Amendment (Fees) Regulations 2023

The Governor in Council makes the following Regulations:

Dated: 24 October 2023

Responsible Minister:

HARRIET SHING
Minister for Water

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Water (Resource Management) Regulations 2017—

(a)to revoke prescribed fees for provisions relating to the regulation of places, rates and times of taking water repealed by the Water and Catchment Legislation Amendment Act 2021; and

(b)to insert prescribed fees for provisions relating to the regulation of places, rates and times of taking water as inserted into the Water Act 1989 by the Water and Catchment Legislation Amendment Act 2021; and

(c)to prescribe records and information about place of take approvals to be records and information that is publicly available; and

(d)to make other miscellaneous amendments.

2Authorising provision

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

3Commencement

These Regulations come into operation on 20 November 2023.

4Principal Regulations

In these Regulations, the Water (Resource Management) Regulations 2017[1] are called the Principal Regulations.

5Objective

In regulation 1(e) of the Principal Regulations omit "by a prescribed person".

6Definitions

In regulation 5 of the Principal Regulations—

(a)in the definition of water allocation group application, for paragraphs (b) and (c) substitute—

"(b)an application made under section 33X(1)(c) of the Act together with any one or more of the following—

(i)an application made under section 33TB of the Act;

(ii)an application made under section 33X(1)(ba) of the Act;

(iii)an application made under section 33AG(1) of the Act;

(iv)an application made under section 64FZK of the Act;

(v)an application made under section 64FZT of the Act;

(c)an application made under section 64FZK or 64FZT of the Act together with any one or more of the following—

(i)an application made under section 33TB of the Act;

(ii)an application made under section 33X(1)(ba) of the Act;

(iii)an application made under section 33AG(1) of the Act;";

(b)in the definition of water share change group application, in paragraph (a), for "33AQ" substitute "64FZK";

(c)in the definition of water share change group application, paragraph (a)(vi) is revoked;

(d)in the definition of water share transfer group application, for paragraphs (e) and (f) substitute—

"(e)an application made under section 64FZK of the Act;";

(e)for the definition of water take group application substitute—

"water take outside of a declared water system group application means an application made under section 64FZT of the Act when made together with either one or both of the following applications, in relation to the same water share—

(a)an application made under section 33TB of the Act;

(b)an application made under section 33X(1)(ba) of the Act.".

7Fee for application to revoke a standing assignment

In the heading to regulation 9 of the Principal Regulations, for "standing direction" substitute "standing assignment".

8Fee for application to give a standing assignment

In the heading to regulation 12 of the Principal Regulations, for "standing direction" substitute "standing assignment".

9Regulations 19 and 20 substituted and new regulations 20A to 20C inserted

For regulations 19 and 20 of the Principal Regulations substitute—

"19   Fee for application for a general place of take approval

(1)The prescribed fee for an application made under section 64FD(1) of the Act is 13·57 fee units.

(2)Subregulation (1) does not apply if the application under subregulation (1)—

(a)is made with an application under—

(i)section 64O of the Act; or

(ii)section 64AH(2) of the Act; or

(iii)section 64AR(1) of the Act; or

(iv)section 64AU(2) of the Act; and

(b)the application under subregulation (2)(a) is an application for a water-use licence or water-use registration that relates to the general place of take approval that is the subject of the application under subregulation (1).

20Fee for application to vary a general place of take approval

The prescribed fee for an application made under section 64FP(3) of the Act is 13·57 fee units.

20AFee for ap plication to transfer notional rationing rate

The prescribed fee for an application made under section 64FX(3) of the Act is 13·57 fee units.

20B Fee for application to vary notional rationing rate

(1)The prescribed fee for an application made under section 64FY(3) of the Act is 13·57 fee units.

(2)Subregulation (1) does not apply if the application under subregulation (1)—

(a)is made with an application under—

(i)section 64O of the Act; or

(ii)section 64AH(2) of the Act; or

(iii)section 64AR(1) of the Act; or

(iv)section 64AU(2) of the Act; and

(b)the application under subregulation (2)(a) is an application for a water-use licence or water-use registration that relates to the general place of take approval that is the subject of the application under ssubregulation (1).

20CFee for application for external place of take approval

The prescribed fee for an application made under section 64FZT of the Act is—

(a)if it is an application regarding a right to future relevant water allocations, 11·43 fee units; or

(b)if it is an application regarding a relevant water allocation—

(i)if the application is made through the automated lodgement process, 3·20 fee units; or

(ii)if the application is made other than by way of the automated lodgement process, 6·04 fee units.".

10Regulation 21 substituted

For regulation 21 of the Principal Regulations substitute—

"21   Fee for application for a particular place of take approval

The prescribed fee for an application made under section 64FZK of the Act is—

(a)if the application is made through the automated lodgement process, 3·20 fee units; or

(b)if the application is made other than by way of the automated lodgement process, 6·04 fee units.".

11Group applications

In regulation 22(g) of the Principal Regulations, for "water take group application" substitute "water take outside of a declared water system group application".

12Exceptions to regulations in this Part

In regulation 23(a) of the Principal Regulations, after "section 33U(1)" insert "or (1AA)".

13New regulation 29AA inserted

After the heading to Division 2 of Part 3 of the Principal Regulations insert—

"29AA   Available information or records on the water register about place of take

For the purpose of section 84X(1)(b) of the Act, the prescribed records or information are any records or information set out under section 84VC(1) of the Act (except for any records or information set out under section 84VC(1)(d)) of the Act).".

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ENDNOTES

[1] Reg. 4: S.R. No. 123/2017.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.