Water (Resource Management) Amendment Regulations 2024 (Vic)

Water (Resource Management) Amendment Regulations 2024

S.R. No. 62/2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Objective

6Definitions

7Regulations 29AA and 29 revoked

8New Part 3A inserted

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Endnotes

STATUTORY RULES 2024

S.R. No. 62/2024

Water Act 1989

Water (Resource Management) Amendment Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 25 June 2024

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 prescribe the records and information not publicly available from the water register; and

(b)to make minor and technical amendments.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 July 2024.

4Principal Regulations

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

5Objective

(1)For regulation 1(d) of the Principal Regulations substitute—

"(d)the records or information recorded in the water register that are not publicly available; and".

(2)Regulation 1(e) of the Principal Regulations is revoked.

6Definitions

In regulation 5 of the Principal Regulations insert the following definitions—

"Goulburn water system means the Goulburn 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;

Murray water system means the Murray 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;".

7Regulations 29AA and 29 revoked

Regulations 29AA and 29 of the Principal Regulations are revoked.

8New Part 3A inserted

After Part 3 of the Principal Regulations insert—

"PART 3A—RECORDS AND INFORMATION NOT PUBLICLY AVAILABLE FROM THE WATER REGISTER

32ARecords and information that are not publicly available from the water register

(1)For the purposes of section 84X(2)(a) of the Act, the following records and information in the water register are prescribed not to be publicly available—

(a)subject to subregulation (2), the name and address of a person who is authorised to take water under a water allocation for a water share, recorded under section 84I(h) of the Act;

(b)subject to subregulation (2), the name and address of a person who is authorised to take water under a water allocation for a bulk entitlement, recorded under section 84T(b) of the Act;

(c)subject to subregulation (2), the name and address of a person who is authorised to take water under a water allocation for an environmental entitlement, recorded under section 84U(a) of the Act;

(d)in relation to a licence referred to in section 84VA of the Act that has been temporarily transferred under section 62 of the Act, the name and address of the person to whom the licence has been transferred, recorded under section 84VA(ab) of the Act;

(e)the name and address of a holder of an approved interstate right, recorded under section 84VB(a) of the Act;

(f)subject to subregulation (2), the name and address of a person who holds a right to take water under a water allocation that has been assigned under the Act, recorded under section 84VB(b) of the Act;

(g)the amount of water that has been approved under a particular place of take approval to be taken from the approved place during each water season, recorded under section 84VC(1)(d) of the Act;

(h)any information recorded under section 84VC(2) of the Act in relation to a particular place of take approval;

(i)any information recorded under section 84VC(3) of the Act in relation to an external place of take approval;

(j)any information recorded under section 84W(ba) of the Act in relation to a water system for which an Authority is responsible for delivering water;

(k)any information recorded under section 84WA(1) of the Act in relation to an agreement to supply water entered into by a Rural Water Authority under section 124(7) of the Act.

(2)Subregulation (1)(a), (b), (c) or (f) does not apply to the name of a person if the person gives or receives more than 20 relevant assignments in a water season.

(3)In this regulation—

relevant assignment means an assignment of the whole or a part of a water allocation for water that may be taken in the Goulburn water system or Murray water system, whether or not the water could be taken from either of those systems immediately before the assignment;

Rural Water Authority has the same meaning as in section 4A of the Water Industry Act 1994.".

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ENDNOTES

[1] Reg. 4: S.R. No. 123/2017 as amended by S.R. No. 110/2023.