Water (Resource Management) Amendment Regulations 2014 (Vic)

Water (Resource Management) Amendment Regulations 2014

S.R. No. 69/2014

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6New regulations 18A and 18B inserted

18AFee for application to give a standing direction

18BFee for application to revoke a standing direction

7New regulation 19 substituted

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 69/2014

Water Act 1989

Water (Resource Management) Amendment Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 17 June 2014

Responsible Minister:

PETER WALSH
Minister for Water

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Water (Resource Management) Regulations 2007 to prescribe fees for applications to the Minister relating to standing directions and related dealings under the Water Act 1989.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 July 2014.

4Principal Regulations

In these Regulations the Water (Resource Management) Regulations 2007[1] are called the Principal Regulations.

5Definitions

In regulation 4 of the Principal Regulations—

(a)insert the following definitions—

"water limited term transfer group application means an application made under section 33X(1)(b) of the Act when made together with either one or both of the following applications, in relation to the same water allocation—

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

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

water share consolidation group application means an application in respect of two or more water shares made under section 33Z of the Act when made together with an application made under section 33X(1)(ba) of the Act in relation to those same water shares;

water share divide group application means an application in respect of a water share made under section 33Y of the Act when made together with an application made under section 33X(1)(ba) of the Act in relation to the same water share;

water share issue group application means either one of the following combinations of applications in relation to the same water share—

(a)an application made under section 33L of the Act when made together with an application made under section 33X(1)(ba) of the Act;

(b)an application made under section 33M of the Act when made together with an application made under section 33X(1)(ba) of the Act;

water take group application means an application made under section 33AI of the Act when made together with either one or both of the following applications, in relation to the same water allocation—

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

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

(b)for the definition of automated lodgement process substitute—

"automated lodgement process means the process for enabling the making of an application through the Victorian water register website;

Note

The Victorian water register website is at the definition of water allocation group application substitute—

"water allocation group application means any one of the following combinations of applications in relation to the same water share, water allocation or use of water—

(a)an application made under section 33X(1)(ba) of the Act together with an application made under section 33TB of the Act;

(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 of the Act;

(iv)an application made under section 33AI of the Act;

(v)an application made under section 64K(2) of the Act;

(c)an application made under section 64K(2) 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 of the Act;

(iv)an application made under section 33AI of the Act;";

(d)for the definition of water share change group application substitute—

"water share change group application means either one of the following combinations of applications in relation to the same water share or water allocation—

(a)an application made under section 33AQ of the Act together with any one or more of the following—

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

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

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

(iv)an application made under section 33Y of the Act;

(v)an application made under section 33Z of the Act;

(vi)an application made under section 33AI of the Act;

(b)an application made under section 33R of the Act together with either one or both 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;";

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

"water share transfer group application means an application made under section 33X(1)(a) of the Act when made together with any one or more of the following applications, in relation to the same water share—

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

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

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

(d)an application made under section 33Y of the Act;

(e)an application made under section 33AI of the Act;

(f)an application made under section 33AQ of the Act;".

6New regulations 18A and 18B inserted

After regulation 18 of the Principal Regulations insert—

"18A   Fee for application to give a standing direction

The prescribed fee for an application made under section 33X(1)(ba) is 6·04 fee units.

18BFee for application to revoke a standing direction

The prescribed fee for an application made under section 33TB is 6·04 fee units.".

7New regulation 19 substituted

For regulation 19 of the Principal Regulations substitute—

"19   Group applications

Despite regulations 5 to 18B—

(a)in the case of a person who makes a water share change group application, the prescribed fee is 11·43 fee units;

(b)in the case of a person who makes a water share consolidation group application, the prescribed fee is 11·43 fee units;

(c)in the case of a person who makes a water share divide group application, the prescribed fee is 11·43 fee units;

(d)in the case of a person who makes a water share issue group application, the prescribed fee is 13·57 fee units;

(e)in the case of a person who makes a water share transfer group application, the prescribed fee is 13·57 fee units;

(f)in the case of a person who makes a water limited term transfer group application, the prescribed fee is 13·57 fee units;

(g)in the case of a person who makes a water take group application, the prescribed fee is 11·43 fee units;

(h)in the case of a person who makes a water allocation group application, the prescribed fee is—

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

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

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ENDNOTES

[1] Reg. 4: S.R. No. 75/2007 as amended by S.R. Nos 123/2009, 139/2010, 88/2012 and 163/2013.

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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 2014 is $13.24.  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.