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WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2021 (NO. 48 OF 2021) 


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Principal Act  

   PART 2--DEFINITIONS, THE WATER REGISTER AND RELATED AMENDMENTS

           Division 1--Definitions for Part 2

   4.      Definitions for Part 2  

           Division 2--Definitions for Part 3

   5.      Definitions for Part 3  
   6.      New sections 6B and 6C inserted  

           Division 3--Serviced property definition

   7.      Serviced property definition  

           Division 4--The water register and related amendments

   8.      Limited term transfers of rights to future water allocations under water shares  
   9.      Standing directions as to future water allocations under water shares  
   10.     Ministerial approval of revocation of standing direction  
   11.     Assignment of water allocation  
   12.     Further assignment of water allocation  
   13.     Offence to give transfer etc. without approval  
   14.     Ministerial approval  
   15.     Offence to take interstate water without approval of Minister  
   16.     Approval of Minister to taking of interstate water  
   17.     Effect of death of person who holds water allocation  
   18.     Application for review of certain Ministerial decisions  
   19.     Section 84A substituted  
   20.     Purpose of water register  
   21.     Section 84C substituted  
   22.     Disclosure of information  
   23.     Functions of Minister as to water register  
   24.     What is recorded in the water register about water shares?  
   25.     What is recorded in the water register about licences to take and use water?  
   26.     New sections 84VB and 84VC inserted  
   27.     What must an Authority record in the part of the water register for which it is responsible?  
   28.     What must a Rural Water Authority record in the part of the water register for which it is responsible?  
   29.     Section 84WB repealed  
   30.     Section 84X substituted  
   31.     Suppression of certain personal records and information  

   PART 3--PLACES, RATES AND TIMES OF TAKING WATER

           Division 1--New Part 4AA inserted

   32.     New Part 4AA inserted  
   33.     Heading substituted  
   34.     Section 9 substituted  
   35.     Repeal of certain provisions related to water shares  
   36.     Limited term transfers of rights to future water allocations under water shares  
   37.     Standing assignments of future allocations under water shares  
   38.     Assignment of water allocation  
   39.     Further assignment of water allocation  
   40.     Section 33AH repealed  
   41.     Section 33AI repealed  
   42.     Division 10 of Part 3A repealed  

           Division 10--of Part 3A of the Principal Act is repealed.

   43.     Effect of death of person who holds a water allocation  
   44.     Application for Tribunal to review certain decisions of the Minister as to water shares  
   45.     Rule making powers for water shares  
   46.     Definition and disallowance  
   47.     Section 34B repealed  
   48.     Assignment of water allocation  
   49.     Further assignment of water allocation  
   50.     Offence to give an assignment without Ministerial approval  
   51.     New section 46CA inserted  
   52.     Section 48BA substituted  
   53.     Assignment of water allocation  
   54.     Further assignment of water allocation  
   55.     New section 48OAA inserted  
   56.     Conditions of licence  
   57.     Section 64K repealed  
   58.     Application of this Part  
   59.     Definitions and application  
   60.     Authority to fix terms and conditions for the service of delivering water  

   PART 4--FURTHER AMENDMENT OF THE WATER ACT 1989

           Division 1--New Division 3 of Part 4 inserted

   61.     New Division 3 of Part 4 inserted  

           Division 2--Renaming of City West Water Corporation

   62.     Schedule 1—Water Corporations and Former Water Authorities  
   63.     Schedule 1A—Metropolitan water corporations—old licensees under the Water Industry Act 1994  

           Division 3--Amendments consequent on the change of catchment manager for Port Phillip and Westernport Region

   64.     Definition of board of directors  
   65.     Appointment of administrator  
   66.     Section 124A repealed  
   67.     Corporate plans  
   68.     Limits on power of certain Authorities to set tariffs  

           Division 4--Miscellaneous amendment of the Water Act 1989

   69.     Certain provisions to bind Crown  
   70.     Powers of Minister in relation to assessment program  
   71.     Offence to interfere etc. with State observation bore  
   72.     Offences for taking water without a water share  
   73.     Compliance with terms of bulk entitlement  
   74.     Offence to breach licence conditions  
   75.     Offences for taking or using water from a non-declared water system  
   76.     Offence to use water for certain purposes on land without licence  
   77.     Offence to fail to comply with licence condition  
   78.     Offence to breach licence conditions under section 71  
   79.     Offences  
   80.     Offences as to obstruction of waterways etc.  
   81.     Offences as to disposal of matter underground  
   82.     Offence not to comply with section 78 direction  
   83.     Offence not to comply with section 79 direction  
   84.     Offence not to comply with section 80 direction  
   85.     New section 81A inserted  
   86.     Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock  
   87.     Notification of Authorities before railway operations carried out  
   88.     Control over connections  
   89.     Offences as to connections and discharges without consent  
   90.     Structures over works  
   91.     Notice of contravention  
   92.     Offence not to comply with notice of contravention  
   93.     Notice of contravention for water supply protection  
   94.     Protection of sewers  
   95.     Works that interfere with designated land or works  
   96.     Control over connections and discharges  
   97.     Control of works and structures  
   98.     Offences as to Authority's property  
   99.     Wrongful taking etc. of water  
   100.    Offence to interfere with flow of water  
   101.    Uncovering or exposing works  
   102.    Indictable offences  
   103.    Section 297 substituted  
   104.    Section 297 amended  
   105.    Section 297A amended  
   106.    Power of Minister to exempt  
   107.    Powers of the Minister in enforcing certain Parts of this Act  

   PART 5--TRANSITIONAL PROVISIONS FOR AMENDMENT OF WATER ACT 1989

   108.    New Part 17 inserted  

   PART 6--AMENDMENT OF CATCHMENT AND LAND PROTECTION ACT 1994

           Division 1--Abolition of the Victorian Catchment Management Council

   109.    Definitions  
   110.    Objectives of Act  
   111.    Divisions 1 and 1A of Part 2 are repealed  
           --Divisions 1 and 1A of Part 2 of the Catchment and Land Protection Act 1994 are repealed.
   112.    Functions, powers and duties of Authorities  
   113.    New Division 4A of Part 2 inserted  
   114.    Guidelines  
   115.    Action before recommendation  
   116.    Regulations  
   117.     Schedule 2—Regional catchment strategies and special area plans  

           Division 2--Change of catchment manager for Port Phillip and Westernport Region

   118.    Definitions  
   119.    Establishment of Authorities  
   120.    New section 11A inserted  
   121.    Obligations of Catchment Management Authorities in relation to declared areas  
   122.    Section 12A repealed  
   123.    Section 12B repealed  
   124.    Appointment of administrator  
   125.    Application of Public Administration Act 2004  
   126.    New section 15AA inserted  
   127.    Power of the Minister to give directions  
   128.    Corporate plans  
   129.    Statement of corporate intent: contents  
   130.    Power of delegation  
   131.    Chief Executive Officer  
   132.    Delegation powers of Chief Executive Officer  
   133.    Section 27A repealed  
   134.    Regulations  
   135.     New Division 1 of Part 11 heading inserted  
   136.    New Division 2 inserted in Part 11  

           Division 3--Miscellaneous amendment of Catchment and Land Protection Act 1994

   137.    Boards of Catchment Management Authorities  
   138.    Section 19B substituted  

   PART 7--AMENDMENT OF OTHER ACTS

           Division 1--Amendment of Confiscation Act 1997

   139.    Amendment of the Confiscation Act 1997  

           Division 2--Amendment of Water Industry Act 1994

   140.    Definitions  

           Division 3--Amendment of Flora and Fauna Guarantee Act 1988 consequent on the abolition of the Victorian Catchment Management Council

   141.    Definitions  
   142.    Advice  
   143.    The Committee's final recommendation  

           Division 4--Amendment of other Acts consequent on the change of the catchment manager of the Port Phillip and Westernport Region

   144.    Climate Change Act 2017  
   145.    Conservation, Forests and Lands Act 1987  
   146.    Flora and Fauna Guarantee Act 1988  
   147.    Planning and Environment Act 1987  
   148.    Yarra River Protection (Wilip-gin Birrarung murron) Act 2017  

   PART 8--REPEAL OF THIS ACT

   149.    Repeal of this Act  
           ENDNOTES

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