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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
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Clause Page
Part 4--Repeal of this Act 18
22 Repeal of this Act 18
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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
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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.
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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.".'.
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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.".
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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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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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Part 2--Amendment of Water and Catchment Legislation Amendment Act
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(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.".
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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--
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Part 2--Amendment of Water and Catchment Legislation Amendment Act
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(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.".
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Water Legislation Amendment Act 2023
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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--
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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.
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Part 2--Amendment of Water and Catchment Legislation Amendment Act
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(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--
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Part 2--Amendment of Water and Catchment Legislation Amendment Act
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(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--
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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.".
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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".
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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
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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).
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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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