Water Legislation Amendment Act 2013
Act
Act No.
Water Legislation Amendment Act 2013No. 24 of 2013
Water Legislation Amendment Act 2013
No. 24 of 2013
table of provisions
SectionPage
i
Confidential Draft prepared by the Office of Chief Parliamentary
Counsel Victoria
i
Part 1Preliminary1
1Purposes1
2Commencement2
Part 2Amendment of Water Act 19893
3Definitions3
4Role of Minister3
5Management plan3
6Definition of right to water4
7Offence to give a transfer or assignment without Ministerial
approval4
8Ministerial approval of transfer or assignment4
9Further assignment of water allocation4
10Rule making powers for bulk entitlements5
11New sections 51AA and 51AB inserted5
51AAAmendment of original registration licences and issue of new
registration licences in certain circumstances5
51ABIssue of new registration licences in certain
circumstances7
12Conditions of licence9
13Amendment of licence issued under section 51(1), or
registration licence, on motion of Minister9
14Amendment of licence issued under section 51(1), or
registration licence, on application of licence holder10
15Procedure applying to application10
16Ministerial consideration of application10
17Revocation of licence10
18Surrender of licence10
19Transfer of licence to take and use water11
20Declaration for taking of water under a licence in subsequent
water season11
21Transfer of licence to construct works etc.11
22Responsibilities for water register11
23What is recorded in the water register about works
licences?12
24New section 84VA inserted13
84VAWhat is recorded in the water register about licences to
take and use water?13
25What must an Authority record in the part of the water
register for which it is responsible?14
26New section 84WA inserted14
84WAWhat must a Rural Water Authority record in the part of the
water register for which it is responsible?14
27What information is available from the water register?15
28Authority may reduce, restrict or discontinue water
supply15
29Water meters16
30Serviced properties16
31Control over connections16
32New section 161BA inserted18
161BAReconfiguration plans18
33Adoption of reconfiguration plans by Authority18
34Authority may reduce, restrict or discontinue delivery of
water18
35Liability of owners corporation or lot owners for fees for
services supplied to subdivision18
36Interest on unpaid money19
37Prosecutions20
38Issues of evidence and proof20
39Recording mortgages of water shares20
40Continuing operation of registration licences20
Part 3Amendment of Water Industry Act 199421
41Codes21
Part 4Repeal of Amending Act22
42Repeal of amending Act22
Endnotes23
SectionPage
ii
Victoria
1
Water Legislation Amendment Act 2013[endnoteRef:2] [2:
Minister's second reading speechLegislative Assembly: 29 November
2012Legislative Council: 7 March 2013The long title for the Bill
for this Act was "A Bill for an Act to amend the Water Act 1989 and
the Water Industry Act 1994 and for other purposes."]
No. 24 of 2013
[Assented to 23 April 2013]
Water Legislation Amendment Act 2013No. 24 of 2013
2
The Parliament of Victoria enacts:
Part 1Preliminary
1Purposes
The purposes of this Act are
(a)to amend the Water Act 1989 in relation to
(i)meters on land; and
(ii)licences to take and use water and licences to construct
works; and
(iii)the transfer of water shares by mortgagees; and
(iv)the information that must be recorded in the water register;
and
(v)the appointment of persons who may bring proceedings for
offences against the Act; and
(vi)reconfiguration plans; and
(vii)other minor amendments; and
(b)to amend the Water Industry Act 1994 in relation to the Codes
that may be made by the Essential Services Commission.
2Commencement
s. 2
(1)Subject to subsection (2), this Act comes into operation on a
day or days to be proclaimed.
(2)If a provision of this Act does not come into operation
before 1 December 2013, it comes into operation on that day.
__________________
Part 2Amendment of Water Act 1989
3Definitions
s. 3
See:Act No.80/1989.Reprint No. 10as at1 January 2011and
amendingAct Nos 50/2010, 29/2011, 50/2011, 63/2011 and
17/2012.LawToday:www.legislation.vic.gov.au
(1)In section 3(1) of the Water Act 1989, the definition of
mineral water is repealed.
(2)In section 3(1) of the Water Act 1989, in the definition of
registration licence, for "51(1A)" substitute "51(1A), 51AA or
51AB".
4Role of Minister
In section 22(3)(b) of the Water Act 1989, for "section 51"
substitute "section 51(1) or a registration licence".
5Management plan
(1)In section 32A(3)(c)(i) of the Water Act 1989, for "section
51" substitute "section 51(1) or under a registration licence".
(2)In section 32A(3)(k) of the Water Act 1989, for "section 51"
substitute "section 51(1), or registration licences,".
(3)In section 32A(12) of the Water Act 1989, for "alicence
issued under section 51 or 67 is to be subject, every licence
issued" substitute "a registration licence or a licence issued
under section 51(1) or 67 is to be subject, every registration
licence or licence issued".
6Definition of right to water
s. 6
In section 33 of the Water Act 1989, in paragraph(d) of the
definition of right to water, for "section 51" substitute "section
51(1) or any registration licence".
7Offence to give a transfer or assignment without Ministerial
approval
After section 33W(1)(a) of the Water Act 1989 insert
"(ab)transfer ownership of a water share that is subject to a
mortgage recorded under clause1 of Schedule 12A; or".
8Ministerial approval of transfer or assignment
After section 33X(1)(a) of the Water Act 1989 insert
"(ab)the transfer of ownership of a water share that is subject
to a mortgage recorded under clause1 of Schedule 12A; or".
9Further assignment of water allocation
(1)After section 46A(1) of the Water Act 1989 insert
"(1A)A person must not assign a water allocation under
subsection (1) unless the person has first obtained the approval
of
(a)the Minister; and
(b)where the case so requires, any Authority whose works will be
used to deliver the water.".
(2)In section 46A(2) of the Water Act 1989, for "take and use"
substitute "take and, subject to any other requirements of this
Act, use".
10Rule making powers for bulk entitlements
s. 10
(1)For section 47E(1)(a) of the Water Act 1989 substitute
"(a)with respect to adjustment of volumes to be applied to
permanent transfers of bulk entitlements under this Division or
assignments under sections 46 and 46A; and".
(2)In section 47E(1)(b), (c) and (d) of the Water Act 1989,
after "transfers" insert "or assignments".
11New sections 51AA and 51AB inserted
After section 51 of the Water Act 1989 insert
"51AAAmendment of original registration licences and issue of
new registration licences in certain circumstances
(1)This section applies despite anything to the contrary in
section 51.
(2)A holder of an original registration licence may apply to the
Minister (without payment of an application fee) for
(a)the original registration licence to be amended so that it
authorises water to be taken and used from a single spring, soak or
dam specified in the application, being a spring, soak or dam from
which water was authorised to be taken and used under the licence
immediately before its amendment under this section; and
(b)the issue of a licence to take and use water from each other
spring, soak or dam from which water was authorised to be taken and
used under the original registration licence immediately before its
amendment under this section.
(3)An application under this section must
(a)be made in a form and manner approved by the Minister;
and
(b)contain any information or document that is required by the
Minister.
(4)The Minister, on receiving an application under this section,
may
(a)amend the original registration licence so that it authorises
water to be taken and used from the spring, soak or dam specified
in the application; and
s. 11
(b)issue a licence to take and use water from each other spring,
soak or dam from which the holder of the original licence was
authorised to take and use water under the original registration
licence.
(5)The Minister, in amending an original registration licence
under subsection (4)(a), must reduce the volume of water authorised
to be taken and used under that licence by an amount that is
equivalent to the amount that is authorised to be taken and used
under every licence issued under this section.
(6)Subject to subsection (8), an original registration licence
that is amended under subsection (4)(a) continues to be subject to
any condition to which the licence was subject immediately before
the licence was amended.
(7)A licence issued under this section
(a)must not authorise the taking and use of water from more than
one spring, soak or dam; and
(b)subject to subsection (8), is subject to any condition to
which the taking and use of water from the relevant spring, soak or
dam was subject under the original registration licence.
(8)The Minister may amend a condition referred to in subsection
(6) or (7)(b) to the extent necessary to reflect the amendment of
the original registration licence and the issue of every licence
under this section.
(9)In this section, original registration licence means a
registration licence issued under section 51(1A) that authorises
water to be taken and used from more than one spring, soak or
dam.
51ABIssue of new registration licences in certain
circumstances
s. 11
(1)This section applies despite anything to the contrary in
section 51.
(2)A person who is a successor in title to the owner of a part
or parcel of land from which water was taken and used under an
original registration licence may apply (without payment of an
application fee) to the Minister for the issue of a licence to take
and use water from each spring, soak or dam on that part or parcel
of land from which water was authorised to be taken and used under
the original registration licence.
(3)An application under subsection (2) must
(a)be made in a form and manner approved by the Minister;
and
(b)contain any information or document that is required by the
Minister.
(4)Subject to this section, the Minister may issue a licence to
take and use water from each spring, soak or dam specified in the
application if the Minister is satisfied that
(a)the applicant is the successor in title to the owner of the
part or parcel of land from which water was taken and used under an
original registration licence; and
(b)the original registration licence has not been surrendered
under section51A.
(5)Before issuing a licence under this section, the Minister
must
s. 11
(a)give notice of the application to the holder of the original
registration licence at the person's last known address; and
(b)consider any submission made within 28days after the date of
the notice by the holder of the original registration licence.
(6)If the Minister issues a licence under this section, the
Minister must
(a)amend the original registration licence so that the original
registration licence ceases to authorise the taking and use of
water from the spring, soak or dam specified in a licence issued
under this section; and
(b)make any other amendment to the original registration licence
that is neccessary to reflect the amendment of that licence under
paragraph (a) and the issue of a licence under this section.
(7)The Minister, in amending an original registration licence
under subsection(6)(a), must reduce the volume of water authorised
to be taken and used under that licence by an amount that is
equivalent to the amount that is authorised to be taken and used
under every licence issued under this section.
(8)A licence issued under this section
(a)must not authorise the taking and use of water from more than
one spring, soak or dam; and
(b)subject to subsection (9), is subject to any condition to
which the taking and use of water from the relevant spring, soak or
dam was subject under the original registration licence.
(9)The Minister may amend a condition referred to in subsection
(8)(b) to the extent necessary to reflect the amendment of the
original registration licence and the issue of every licence under
this section.
(10)In this section, original registration licence has the same
meaning as in section 51AA.".
12Conditions of licence
s. 12
(1)In section 56(1)(a)(xiii) and (3A) of the Water Act 1989, for
"licence issued under section 51(1A)" substitute "registration
licence".
(2)Section 56(1)(b) of the Water Act 1989 is repealed.
13Amendment of licence issued under section 51(1), or
registration licence, on motion of Minister
(1)In the heading to section 59 of the Water Act 1989, for
"section 51" substitute "section 51(1), or a registration
licence,".
(2)In section 59(1) of the Water Act 1989, for "section 51 to
take and use water" substitute "section 51(1), or a registration
licence,".
14Amendment of licence issued under section 51(1), or
registration licence, on application of licence holder
(1)In the heading to section 59A of the Water Act 1989, for
"section 51" substitute "section 51(1), or a registration
licence,".
(2)In section 59A(1) of the Water Act 1989, for "section 51,"
substitute "section 51(1), or a registration licence,".
(3)In section 59A(2) of the Water Act 1989, for "section 51"
substitute "section 51(1), or a registration licence,".
15Procedure applying to application
In section 59B of the Water Act 1989, for "section 51 applies"
substitute "section 51(1) or for a registration licence
applies".
16Ministerial consideration of application
In section 59C of the Water Act 1989, after "section 59A" insert
"that relates to a licence issued under section 51(1)".
17Revocation of licence
In section 60(1) of the Water Act 1989, for "section 51"
substitute "section 51(1), or a registration licence,".
18Surrender of licence
s. 14
In section 61(1) of the Water Act 1989, for "section 51"
substitute "section 51(1) or a registration licence".
19Transfer of licence to take and use water
s. 19
(1)In section 62(2AA) of the Water Act 1989, after "title"
insert "to the owner".
(2)After section 62(5) of the Water Act 1989 insert
"(5A)Subsection (5) does not apply if the application is for
approval of a permanent transfer of a licence to a successor in
title to the owner of the land to which the licence relates.".
20Declaration for taking of water under a licence in subsequent
water season
In section 62A(1) of the Water Act 1989, for "section 51"
substitute "section 51(1), or registration licences,".
21Transfer of licence to construct works etc.
After section 74(5) of the Water Act 1989 insert
"(5A)Subsection (5) does not apply if the application is for
approval of a permanent transfer of a licence to a successor in
title to the owner of the land to which the licence relates.".
22Responsibilities for water register
(1)In section 84C(2) of the Water Act 1989
(a)in paragraph (f), for "67(1) where the licence relates to a
declared water system." substitute "67(1); and";
(b)after paragraph (f) insert
"(g)licences to take and use water issued under section 51(1) or
registration licences.".
(2)For section 84C(3)(b) of the Water Act 1989 substitute
"(b)the recording of any water allocation assignment in a water
system for which that Authority is responsible for supplying water;
and
(c)any consumption of allocated water in a water system for
which that Authority is responsible for supplying water; and
(d)the recording of any temporary transfer under section 62 of a
licence to take and use water issued under section 51(1); and
(e)the volume of water consumed under a licence to take and use
water issued under section 51(1) or a registration licence; and
(f)if the Authority is a Rural Water Authority, any agreement to
supply water (other than drinking water) entered into in accordance
with section 124(7) by the Authority.".
(3)After section 84C(3) of the Water Act 1989 insert
"(4)In this section
drinking water has the same meaning as in the Safe Drinking
Water Act 2003;
Rural Water Authority has the same meaning as in section 4A of
the Water Industry Act 1994.".
23What is recorded in the water register about works
licences?
s. 23
In section 84V of the Water Act 1989 omit "which relates to a
declared water system".
24New section 84VA inserted
s. 24
After section 84V of the Water Act 1989 insert
"84VAWhat is recorded in the water register about licences to
take and use water?
The Minister must ensure that the following details are recorded
in the water register in relation to licences to take and use water
issued under section 51(1) or registration licences
(a)the name and address of the holder of the licence;
(b)the volume of water the licence authorises the holder of the
licence to take and use;
(c)a description of the land specified in the licence (if
applicable);
(d)the conditions to which the licence is subject;
(e)the period that the licence is in force and the expiry date
of the licence;
(f)the name of the waterway, aquifer or works from which the
water may be taken and the water system (if applicable);
(g)the Authority to whom any fees are payable in relation to the
licence;
(h)any other information that the Minister considers
necessary;
(i)any other prescribed matters.".
25What must an Authority record in the part of the water
register for which it is responsible?
s. 25
For section 84W(b) of the Water Act 1989 substitute
"(b)any water allocation assignment in a water system for which
that Authority is responsible for supplying water; and
(ba)any consumption of allocated water in a water system for
which that Authority is responsible for supplying water; and
(bb)any temporary transfer under section 62 of a licence to take
and use water issued under section 51(1); and
(bc)the volume of water consumed under a licence to take and use
water issued under section 51(1) or a registration licence;
and".
26New section 84WA inserted
After section 84W of the Water Act 1989 insert
"84WAWhat must a Rural Water Authority record in the part of the
water register for which it is responsible?
(1)In addition to the requirements set out in section 84W, a
Rural Water Authority must record and maintain the following
records and information relating to agreements to supply water
(other than drinking water) entered into by the Authority in
accordance with section 124(7)
(a)the name and address of each party to the agreement;
(b)the volume of water to be supplied or used (if
applicable);
(c)a description of the land specified in the agreement (if
applicable);
(d)the period that the agreement is in force and the expiry date
of the agreement;
(e)the name of the works from which the water is supplied and
the water system (if applicable);
(f)any other information that the Rural Water Authority
considers necessary;
(g)any other prescribed matters;
(h)any other information that the Minister considers necessary
to be recorded in the part of the water register for which a Rural
Water Authority is responsible.
(2)In this section
drinking water has the same meaning as in the Safe Drinking
Water Act 2003;
Rural Water Authority has the same meaning as in section 4A of
the Water Industry Act 1994.".
27What information is available from the water register?
s. 27
In section 84X(1)(a) of the Water Act 1989
(a)after "84V" insert ", 84VA";
(b)after "84W(b)" insert ", 84W(ba), 84W(bc) or84WA".
28Authority may reduce, restrict or discontinue water supply
In section 141(1)(g) of the Water Act 1989, for "authorised
officer" substitute "authorised water officer, or an officer of an
Authority,".
29Water meters
(1)In section 142(1)(a) of the of the Water Act 1989, for
"supplied by the Authority to any land" substitute "delivered to
the land by the Authority in the exercise of its water supply or
delivery functions".
(2)After section 142(1) of the Water Act 1989 insert
"(1A)Without limiting subsection (1), an Authority may provide
or install, and maintain, a separate meter for
(a)each occupancy on any land; and
(b)if water is delivered for more than one type of service, a
separate meter to measure the amount of water delivered for each
service.
(1B)In determining what constitutes a separate occupancy, the
Authority must use the relevant principles set out in the Valuation
of Land Act 1960.".
(3)In section 142(2) of the Water Act 1989, for "supplied to the
land" substitute "delivered to the land in the exercise of its
water supply or delivery functions".
30Serviced properties
In section 144(1)(c) of the Water Act 1989, for "irrigation of
the land" substitute "the service of delivering water to the
land".
31Control over connections
s. 29
(1)For section 145(2) of the Water Act 1989 substitute
"(2)An application for the Authority's consent must be made in a
manner determined by the Authority and must be accompanied by
(a)any fee fixed by a determination of the Authority under
subsection (3C); and
(b)any plan that the Authority requires; and
(c)any other information that the Authority requires.".
(2)After section 145(3) of the Water Act 1989 insert
"(3AA)For the purposes of subsection (3)(c), a condition may be
that
(a)a separate meter is installed
(i)for each occupancy on the land on which the works to be
connected will be situated; or
s. 31
(ii)if water is delivered, or proposed to be delivered, for more
than one type of service in the exercise of the Authority's water
supply or delivery functions, to measure the amount of water
delivered for each service; or
(b)each meter that is installed on that land is positioned as
the Authority considers appropriate.
(3AB)In determining what constitutes a separate occupancy, the
Authority must use the relevant principles set out in the Valuation
of Land Act 1960.".
(3)After section 145(3B) of the Water Act 1989 insert
"(3C)An Authority may make a determination for or with respect
to the fee to accompany an application for the Authority's consent
under this section.".
32New section 161BA inserted
After section 161B of the Water Act 1989 insert
"161BAReconfiguration plans
To avoid doubt, nothing in this Part empowers an Authority to
adopt a reconfiguration plan that includes anything inconsistent
with Part VII of the Constitution Act 1975.".
33Adoption of reconfiguration plans by Authority
In section 161F(2) of the Water Act 1989, for "An Authority"
substitute "Subject to section161BA, an Authority".
34Authority may reduce, restrict or discontinue delivery of
water
s. 32
In section 231(1)(d) of the Water Act 1989, for "authorised
officer" substitute "authorised water officer, or an officer of an
Authority,".
35Liability of owners corporation or lot owners for fees for
services supplied to subdivision
(1)In section 263A(2) of the Water Act 1989
(a)in paragraph (b), for "by it" substitute "by it; or";
(b)after paragraph (b) insert
"(c)the volume of water used at each lot as measured by the
meter installed for the lot; or
(d)a combination of the methods set out in paragraphs (a), (b)
and (c)".
(2)In section 263A(3) of the Water Act 1989, for "lot liability
when apportioning amounts under subsection (2)" substitute "any, or
a combination, of the methods set out in subsection (2) when
apportioning amounts under that subsection".
(3)For section 263A(4) of the Water Act 1989 substitute
"(4)The request must be in writing.
(4A)A request that includes a request for an Authority to use
the method set out in subsection (2)(b) must give details of lot
liability for each lot affected by the owners corporation.
(4B)A request that includes a request for an Authority to use
the method set out in subsection (2)(c) must specify each lot to
which the request relates.".
(4)In section 263A(5) of the Water Act 1989, after "subsection
(3)" insert "for an Authority to apportion amounts under subsection
(2) on the basis of lot liability".
(5)In section 263A(6) of the Water Act 1989, for "lot liability
method" substitute "method, or combination of methods, specified in
the request,".
(6)In section 263A(7)(b) of the Water Act 1989, for "(2)"
substitute "(2)(a)".
36Interest on unpaid money
s. 36
(1)In section 281(1A) of the Water Act 1989, for "by Order"
substitute "under a Code under section4F of the Water Industry Act
1994".
(2)Section 281(1B) of the Water Act 1989 is repealed.
37Prosecutions
After section 296(1)(a) of the Water Act 1989 insert
"(ab)a person employed under Part 3 of the Public Administration
Act 2004 who is authorised by the Minister, by instrument, to do so
either generally or in a particular case; or".
38Issues of evidence and proof
In section 303A(1) and (3) of the Water Act 1989, for "until the
contrary is proved," substitute "unless evidence to the contrary is
presented,".
39Recording mortgages of water shares
s. 37
At the foot of clause 1 of Schedule 12A to the Water Act 1989
insert
"Note
Sections 33W and 33X apply to mortgages recorded under this
clause.".
40Continuing operation of registration licences
(1)In the heading to clause 28 of Schedule 15 to the Water Act
1989 omit "under section 51(1A)".
(2)In clause 28 of Schedule 15 to the Water Act 1989 omit "under
section 51(1A)".
__________________
Part 3Amendment of Water Industry Act 1994
41Codes
s. 41
See:Act No.121/1994.Reprint No. 6as at29 February 2008and
amendingAct Nos15/2008, 68/2009, 69/2009, 6/2010, 29/2010, 50/2011,
63/2011, 7/2012, 17/2012 and
21/2012.LawToday:www.legislation.vic.gov.au
(1)In section 4F(2)(f) of the Water Industry Act 1994
(a)for "Division 6" substitute "Divisions5, 6 and7";
(b)for subparagraph (i) substitute
"(i)specifying any person or class of person who must not be
charged interest on unrecovered amounts; and";
(c)in subparagraph (ii), before "the maximum" insert
"fixing";
(d)in subparagraph (iii), for "will apply" substitute "does not
apply".
(2)After section 4F(2) of the Water Industry Act 1994 insert
"(3)For the purposes of subsection (2)(f)(ii), the Code may fix
a maximum rate
(a)by expressing it as a percentage; or
(b)by tying it to a specific floating institutional rate charged
for loans or paid for borrowing by a public or commercial
institution.".
__________________
Part 4Repeal of Amending Act
42Repeal of amending Act
s. 42
This Act is repealed on 1 December 2014.
Note
The repeal of this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
Act
Act No.
Part 4Repeal of Amending Act
Water Legislation Amendment Act 2013No. 24 of 2013
Confidential Draft prepared by the Office of Chief Parliamentary
Counsel Victoria
2
22
Endnotes
Endnotes
Confidential Draft prepared by the Office of Chief Parliamentary
Counsel Victoria
2
23