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This is a Bill, not an Act. For current law, see the Acts databases.


Water Legislation Amendment Bill 2023

          Water Legislation Amendment Act 2023
                             No.          of 2023


                      TABLE OF PROVISIONS
Clause                                                                   Page

Part 1--Preliminary                                                         1
 1       Purposes                                                          1
 2       Commencement                                                      2
Part 2--Amendment of Water and Catchment Legislation
Amendment Act 2021                                                         3
 3       Commencement                                                      3
 4       Definitions                                                       3
 5       Assignment of water allocation                                    3
 6       Section 26 substituted and new section 26A inserted               4
 7       Proposed section 64FE of the Water Act 1989 amended--
         cessation of general place of take approval                       7
 8       Proposed section 64FZJ of the Water Act 1989 amended--
         giving particular place of take approval                          7
 9       Proposed section 64FZK of the Water Act 1989 amended--
         application for particular place of take approval                 8
 10      Proposed section 64FZL of the Water Act 1989 substituted--
         period for particular place of take approval                      8
 11      Proposed section 64FZM of the Water Act 1989 amended--
         review by VCAT                                                    10
 12      Proposed section 64FZO of the Water Act 1989 amended--
         application fees                                                  10
 13      New Division 5 inserted in proposed Part 4AA of the Water Act
         1989                                                              10
 14      Limited term transfers                                            13
 15      Standing assignments                                              14
 16      Assignment of water allocation                                    14
 17      Further assignment of water allocation                            14
 18      New section 39A inserted                                          15
 19      Repeal of Act                                                     15
Part 3--Amendment of Water Act 1989                                         16
 20 New Subdivision 3A of Division 3 of Part 17 inserted                   16
 21 Regulatory impact statement not required for first rules made
    under section 64FZP                                                    17




                                      i
Clause                                         Page

Part 4--Repeal of this Act                        18
 22 Repeal of this Act                           18
                               ═════════════
Endnotes                                         19
 1       General information                     19




                                     ii
       Water Legislation Amendment
                Act 2023 
                    No.           of 2023

                           [Assented to                         ]


The Parliament of Victoria enacts:

                Part 1--Preliminary
     1 Purposes
             The purposes of this Act are to--
              (a) amend the Water and Catchment
                  Legislation Amendment Act 2021--
                   (i) to extend the last possible date for a
                       provision of that Act to come into
                       operation; and




                              1
      Water Legislation Amendment Act 2023
                No.       of 2023
               Part 1--Preliminary


           (ii) to make minor amendments to
                proposed new Part 4AA to be inserted
                into the Water Act 1989 by that Act as
                to the regulation of places, rates and
                times of taking water; and
          (iii) to make other minor and technical
                amendments; and
      (b) to make minor related amendments to the
          Water Act 1989.
2 Commencement
     This Act comes into operation on the day after the
     day on which it receives the Royal Assent.




                       2
              Water Legislation Amendment Act 2023
                        No.       of 2023
Part 2--Amendment of Water and Catchment Legislation Amendment Act
                              2021

    Part 2--Amendment of Water and
Catchment Legislation Amendment Act 2021
    3 Commencement
             In section 2(2) of the Water and Catchment
             Legislation Amendment Act 2021, for "2023"
             substitute "2024".
    4 Definitions
             In section 5(1) of the Water and Catchment
             Legislation Amendment Act 2021, in the
             definitions proposed to be inserted in section 3(1)
             of the Water Act 1989, insert--
             "external place of take approval means an
                  approval given under section 64FZS;".
    5 Assignment of water allocation
             After section 11(1) of the Water and Catchment
             Legislation Amendment Act 2021 insert--
           '(1A) After section 33U(1) of the Principal Act
                 insert--
               "(1AA) A person who holds a right to take
                      water under a water allocation to which
                      section 33AG(4) applies, after
                      obtaining the approval of the Minister
                      under section 33X, may assign the
                      whole or a part of that water allocation
                      to any person.".'.




                               3
              Water Legislation Amendment Act 2023
                        No.       of 2023
Part 2--Amendment of Water and Catchment Legislation Amendment Act
                              2021

    6 Section 26 substituted and new section 26A inserted
             For section 26 of the Water and Catchment
             Legislation Amendment Act 2021 substitute--
              '26 New section 84VB inserted
                   After section 84VA of the Principal Act
                   insert--
                "84VB What details about the holders of
                      certain water rights must be
                      recorded in the water register?
                        The Minister must ensure that the
                        following details are recorded in the
                        water register--
                         (a) the name and address of the holder
                             of an approved interstate right;
                         (b) the name and address of a person
                             holding a right to take water under
                             a water allocation that has been
                             assigned under this Act, including
                             by a further or standing
                             assignment;
                         (c) any other information in relation
                             to any of the details required in a
                             paragraph of this section that the
                             Minister considers necessary.".




                               4
              Water Legislation Amendment Act 2023
                        No.       of 2023
Part 2--Amendment of Water and Catchment Legislation Amendment Act
                              2021

            26A New section 84VC inserted
                   Before Division 5 of Part 5A of the Principal
                   Act insert--
               "84VC What is recorded in the water
                     register about place of take
                     approvals under Part 4AA?
                    (1) The Minister must ensure that the
                        following details are recorded in the
                        water register about general place of
                        take approvals--
                         (a) the name and address of the holder
                             of the general place of take
                             approval;
                         (b) a description of the approved
                             place;
                         (c) whether the approval is indefinite
                             or for a fixed period;
                         (d) the amount of water that has been
                             approved under any particular
                             place of take approvals to be taken
                             from the approved place during
                             each water season;
                         (e) the water-use licence or water-use
                             registration for the land on which
                             the water, taken at the approved
                             place, is authorised to be used;
                          (f) the notional rationing rate for the
                              approval--
                               (i) as fixed under Subdivision 2
                                   of Division 2 of Part 4AA; or
                               (ii) as varied under that
                                    Subdivision (if applicable);




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              Water Legislation Amendment Act 2023
                        No.       of 2023
Part 2--Amendment of Water and Catchment Legislation Amendment Act
                              2021

                         (g) any conditions on the approval,
                             including the condition specified
                             in section 64FH;
                         (h) any other records or information
                             the Minister considers necessary.
                    (2) The Minister must ensure that the
                        following details are recorded in the
                        water register about particular place of
                        take approvals--
                         (a) the name and address of the holder
                             of the particular place of take
                             approval;
                         (b) a description of the approved
                             place;
                         (c) the amount of water that may be
                             taken under the water allocation to
                             which the particular place of take
                             approval applies;
                         (d) the water-use licence or water-use
                             registration for the land on which
                             the water, taken under the water
                             allocation, is to be used;
                         (e) any other records or information
                             the Minister considers necessary.
                    (3) The Minister must ensure that the
                        following details are recorded in the
                        water register about external place of
                        take approvals--
                         (a) the name and address of the holder
                             of the external place of take
                             approval;
                         (b) a description of the approved
                             place;




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              Water Legislation Amendment Act 2023
                        No.       of 2023
Part 2--Amendment of Water and Catchment Legislation Amendment Act
                              2021

                         (c) the amount of water that may be
                             taken under the water allocation to
                             which the external place of take
                             approval applies;
                         (d) any conditions on the approval,
                             including any condition to which
                             the approval is subject under
                             section 64FZU;
                         (e) any other records or information
                             the Minister considers
                             necessary.".'.
    7 Proposed section 64FE of the Water Act 1989
      amended--cessation of general place of take
      approval
             In section 32 of the Water and Catchment
             Legislation Amendment Act 2021, in proposed
             section 64FE(1)(c)(i)(A) of the Water Act 1989,
             for "registration; or" substitute "registration;
             and".
    8 Proposed section 64FZJ of the Water Act 1989
      amended--giving particular place of take approval
         (1) In section 32 of the Water and Catchment
             Legislation Amendment Act 2021, for proposed
             section 64FZJ(1) of the Water Act 1989
             substitute--
             "(1) On application under section 64FZK, the
                  Minister may give approval to the holder of a
                  relevant water allocation, or the holder of a
                  right to future relevant water allocations in a
                  class of relevant water allocation, to take
                  water under that water allocation or those
                  water allocations from a place in a declared
                  water system.".




                               7
              Water Legislation Amendment Act 2023
                        No.       of 2023
Part 2--Amendment of Water and Catchment Legislation Amendment Act
                              2021

         (2) In section 32 of the Water and Catchment
             Legislation Amendment Act 2021, in proposed
             section 64FZJ(2) of the Water Act 1989, for "the
             holder of the relevant water allocation" substitute
             "the person to whom the approval is to be given".
    9 Proposed section 64FZK of the Water Act 1989
      amended--application for particular place of take
      approval
             In section 32 of the Water and Catchment
             Legislation Amendment Act 2021, in proposed
             section 64FZK of the Water Act 1989, for "The
             holder of a relevant water allocation" substitute
             "A person".
   10 Proposed section 64FZL of the Water Act 1989
      substituted--period for particular place of take
      approval
             In section 32 of the Water and Catchment
             Legislation Amendment Act 2021, for proposed
             section 64FZL of the Water Act 1989
             substitute--
        "64FZL Period for particular place of take
               approval
                   A particular place of take approval ceases to
                   be in force--
                    (a) for an approval that applies to a
                        relevant water allocation that is not part
                        of a class of relevant water allocation,
                        when the holder of the approval no
                        longer holds the relevant water
                        allocation; or
                    (b) for an approval that applies to relevant
                        water allocations in a class of relevant
                        water allocation, when the holder of the
                        approval no longer holds--




                               8
              Water Legislation Amendment Act 2023
                        No.       of 2023
Part 2--Amendment of Water and Catchment Legislation Amendment Act
                              2021

                          (i) the right to water under which the
                              holder is entitled to receive
                              current and future relevant water
                              allocations in that class; and
                         (ii) any relevant water allocation
                              under that right; or
                        Note
                        For the purposes of paragraphs (a) and (b), a
                        person no longer holds a relevant water
                        allocation if--
                        (a) all water under the allocation has been
                            taken; or
                        (b) water has not been taken under the water
                            allocation before the end of the water
                            season for the allocation and has not been
                            authorised to be taken in a subsequent
                            water season; or
                        (c) the water otherwise available under the
                            water allocation has been deducted from
                            the holder's right to take water by the
                            Minister under Division 3 of Part 4; or
                        (d) the water allocation has been assigned to
                            another person.
                    (c) in any case if--
                          (i) an external place of take approval
                              or a different particular place of
                              take approval is given for the
                              relevant water allocation or the
                              relevant water allocations in the
                              class of relevant water allocation;
                              or
                         (ii) the holder of the particular place
                              of take approval no longer holds
                              the general place of take approval
                              for which the particular place of
                              take approval has been given.".




                                9
              Water Legislation Amendment Act 2023
                        No.       of 2023
Part 2--Amendment of Water and Catchment Legislation Amendment Act
                              2021

   11 Proposed section 64FZM of the Water Act 1989
      amended--review by VCAT
             In section 32 of the Water and Catchment
             Legislation Amendment Act 2021, in proposed
             section 64FZM of the Water Act 1989--
              (a) in paragraph (k), for "64FZJ." substitute
                  "64FZJ;";
              (b) after paragraph (k) insert--
                   "(l) section 64FZS.".
   12 Proposed section 64FZO of the Water Act 1989
      amended--application fees
             In section 32 of the Water and Catchment
             Legislation Amendment Act 2021, in proposed
             section 64FZO of the Water Act 1989, for
             paragraph (d) substitute--
             "(d) be accompanied by--
                    (i) the prescribed fee, if any; or
                    (ii) if no such fee is prescribed, the fee
                         determined by the Minister.".
   13 New Division 5 inserted in proposed Part 4AA of the
      Water Act 1989
             In section 32 of the Water and Catchment
             Legislation Amendment Act 2021, after
             Division 4 of proposed Part 4AA of the Water
             Act 1989 insert--




                               10
              Water Legislation Amendment Act 2023
                        No.       of 2023
Part 2--Amendment of Water and Catchment Legislation Amendment Act
                              2021

                 "Division 5--External place of take
                             approval
         64FZR Offence for external place of take
               approval
              (1) A person must not take water under a
                  relevant water allocation from a place--
                    (a) that is not in a declared water system;
                        or
                    (b) that is not in Victoria.
                   Penalty: 60 penalty units.
              (2) A person does not contravene subsection (1)
                  if--
                    (a) the person is--
                          (i) an Authority; or
                         (ii) the Water Holder; or
                    (b) the person is acting under and in
                        accordance with the approval of the
                        Minister under section 64FZS.
         64FZS Giving of external place of take approval
              (1) On application under section 64FZT, the
                  Minister may give approval to a person who
                  is the holder of a relevant water allocation or
                  the holder of a right to future water
                  allocations in a class of relevant water
                  allocation to take water under that water
                  allocation or those water allocations from a
                  place--
                    (a) that is not in a declared water system;
                        or
                    (b) that is not in Victoria.




                               11
              Water Legislation Amendment Act 2023
                        No.       of 2023
Part 2--Amendment of Water and Catchment Legislation Amendment Act
                              2021

              (2) In giving approval under subsection (1), the
                  Minister--
                    (a) must apply any relevant rules made
                        under Division 4; and
                    (b) may have regard to any other matters
                        that the Minister considers relevant.
         64FZT Application for external place of take
               approval
                   A person may apply to the Minister for an
                   external place of take approval.
         64FZU Conditions on external place of take
               approvals
                   An external place of take approval is subject
                   to--
                    (a) any conditions fixed by the Minister;
                        and
                    (b) any prescribed conditions.
         64FZV Period of approval
                   An external place of take approval ceases to
                   be in force--
                    (a) for an approval that applies to a
                        relevant water allocation that is not part
                        of a class of relevant water allocation,
                        when the holder of the approval no
                        longer holds the relevant water
                        allocation; or
                    (b) for an approval that applies to relevant
                        water allocations in a class of relevant
                        water allocation, when the holder of the
                        approval no longer holds--




                               12
              Water Legislation Amendment Act 2023
                        No.       of 2023
Part 2--Amendment of Water and Catchment Legislation Amendment Act
                              2021

                          (i) the right to water under which the
                              holder is entitled to receive
                              current and future relevant water
                              allocations in that class; and
                         (ii) any relevant water allocation
                              under that right; or
                        Note
                        For the purposes of paragraphs (a) and (b), a
                        person no longer holds a relevant water
                        allocation if--
                        (a) all water under the allocation has been
                            taken; or
                        (b) water has not been taken under the water
                            allocation before the end of the water
                            season for the allocation and has not been
                            authorised to be taken in a subsequent
                            water season; or
                        (c) the water otherwise available under the
                            water allocation has been deducted from
                            the holder's right to take water by the
                            Minister under Division 3 of Part 4; or
                        (d) the water allocation has been assigned to
                            another person.
                    (c) in any case a different external place of
                        take approval or a particular place of
                        take approval is given for the relevant
                        water allocation or the relevant water
                        allocations in the class of relevant water
                        allocation.".
   14 Limited term transfers
             In section 36 of the Water and Catchment
             Legislation Amendment Act 2021, for the note
             at the foot of proposed section 33T(4) of the
             Water Act 1989 substitute--




                               13
              Water Legislation Amendment Act 2023
                        No.       of 2023
Part 2--Amendment of Water and Catchment Legislation Amendment Act
                              2021

             "Note
             Approvals under Part 4AA are also required before water
             can be taken under water allocations under a limited term
             transfer.".
   15 Standing assignments
             In section 37 of the Water and Catchment
             Legislation Amendment Act 2021, for the note
             at the foot of proposed section 33TA(3) of the
             Water Act 1989 substitute--
             "Note
             Approvals under Part 4AA are also required before water
             can be taken under an assigned water allocation.".
   16 Assignment of water allocation
             In section 38(2) of the Water and Catchment
             Legislation Amendment Act 2021, for the note
             at the foot of proposed section 33U(4) of the
             Water Act 1989 substitute--
             "Note
             Approvals under Part 4AA are also required before water
             can be taken under an assigned water allocation.".
   17 Further assignment of water allocation
             In section 39 of the Water and Catchment
             Legislation Amendment Act 2021, for the note
             at the foot of proposed section 33V(2) of the
             Water Act 1989 substitute--
             "Note
             Approvals under Part 4AA are also required before water
             can be taken under a further assigned water allocation.".




                                 14
              Water Legislation Amendment Act 2023
                        No.       of 2023
Part 2--Amendment of Water and Catchment Legislation Amendment Act
                              2021

   18 New section 39A inserted
             After section 39 of the Water and Catchment
             Legislation Amendment Act 2021 insert--
            '39A Approval of Minister to taking of
                 interstate water
                   At the foot of section 33AG(1) of the
                   Principal Act insert--
                   "Note
                   Approvals under Part 4AA are also required before
                   water can be taken under an approval under
                   subsection (1).".'.
   19 Repeal of Act
             In section 149 of the Water and Catchment
             Legislation Amendment Act 2021, for "2024"
             substitute "2025".




                                15
         Water Legislation Amendment Act 2023
                   No.       of 2023
          Part 3--Amendment of Water Act 1989



Part 3--Amendment of Water Act 1989
20 New Subdivision 3A of Division 3 of Part 17 inserted
        After Subdivision 3 of Division 3 of Part 17 of the
        Water Act 1989 insert--

        "Subdivision 3A--Transitional provision
          for external place of take approvals
      358A Transition to external place of take
           approval for certain approvals under
           section 33AI
         (1) On the commencement day, a person who,
             immediately before the commencement day,
             was the holder of a transitioning section
             33AI approval, is taken to hold an external
             place of take approval.
         (2) For the purposes of subsection (1), the
             external place of take approval is taken to
             be--
               (a) an approval to take water from the
                   same place as that to which the
                   transitioning section 33AI approval
                   applied; and
               (b) subject to the same terms and
                   conditions (if any) as those that applied
                   to the transitioning section 33AI
                   approval.
         (3) In this section--
             transitioning section 33AI approval means
                  an approval under section 33AI, as in
                  force before the commencement day, to
                  take water from a place--
                    (a) that is outside Victoria; or




                         16
         Water Legislation Amendment Act 2023
                   No.       of 2023
          Part 3--Amendment of Water Act 1989


                    (b) that is not in a declared water
                        system.".
21 Regulatory impact statement not required for first
   rules made under section 64FZP
        After section 366(2) of the Water Act 1989
        insert--
        "(3) If an exemption certificate is issued by the
             Minister under section 12F of the
             Subordinate Legislation Act 1994 in
             respect of an Order made under section
             64FZP that comes into effect on the
             commencement day, subsections (1) and (2)
             do not apply to that Order.".




                         17
           Water Legislation Amendment Act 2023
                     No.       of 2023
                  Part 4--Repeal of this Act



          Part 4--Repeal of this Act
22 Repeal of this Act
          This Act is repealed on the first anniversary of its
          commencement.
   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).
                 ═════════════




                              18
                     Water Legislation Amendment Act 2023
                               No.       of 2023
                                        Endnotes



                                    Endnotes
1 General information
  See www.legislation.vic.gov.au for Victorian Bills, Acts and current
  authorised versions of legislation and up-to-date legislative information.
   
      Minister's second reading speech--
      Legislative Assembly:
      Legislative Council:
      The long title for the Bill for this Act was "A Bill for an Act to amend the
      Water and Catchment Legislation Amendment Act 2021 to make
      minor and technical amendments to that Act, to make minor related
      amendments to the Water Act 1989 and for other purposes."




                 By Authority. Government Printer for the State of Victoria.




                                            19


 


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