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

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Confidential Draft prepared by the Office of Chief Parliamentary Counsel Victoria

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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

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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)".

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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.".

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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

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Endnotes

Endnotes

Confidential Draft prepared by the Office of Chief Parliamentary Counsel Victoria

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