Water Act 1989 - Victorian Legislation and Parliamentary Documents

Version No. 099B
Water Act 1989 No. 80 of 1989 Version incorporating amendments as at 28 October 2010
table of provisions
Section Page Part 1-Preliminary 1 1 Purposes 1
2 Commencement 2
2A Construction of references 3
3 Definitions 3
4 Power to declare lake, lagoon, swamp or marsh 31
4A The Environmental Water Reserve 33
4B Environmental Water Reserve Objective 34
5 Certain provisions to bind Crown 34
6 Interstate groundwater agreements to prevail over Act 35
6A Power to declare water systems 35 Part 2-Rights and Liabilities 37 Division 1-Rights 37 7 Continuation of the Crown's rights to water 37
8 Continuation of private rights to water 38
8A Traditional owner rights 41
9 Authority rights to water 41
10 Right to construct or operate works 43
11 Allocation of water right on subdivision 43
12 Authorisation may be conditional 45
13 Repealed 46 Division 2-Liabilities 46 14 Application 46
15 Civil liability for unauthorised taking or use of water or for
unauthorised works 46
16 Liability arising out of flow of water etc. 47
17 Protection from liability 49
18 Liability for damage caused by escape of water from private
dam 49
19 Jurisdiction of Tribunal 50
20 Matters to be taken into account in determining whether flow
is reasonable or not reasonable 51
21 Matters to be taken into account with respect to public works 53 Part 3-Assessment of and Accounting for Water 54 Division 1-Role of Minister 54 22 Role of Minister 54 Division 1A-Permissible consumptive volumes 57 22A Permissible consumptive volumes 57 Division 1B-Sustainable water strategies 58 22B Preparation of a Sustainable Water Strategy 58
22C Contents of a Sustainable Water Strategy 59
22D Consultative committee-Sustainable Water Strategy 60
22E Preparation of a draft Sustainable Water Strategy 60
22F Appointment of Panel 61
22G Consideration of draft Strategy by the Minister 62
22H Publication of Sustainable Water Strategy 62
22I Review of Sustainable Water Strategy 63
22J Report on Sustainable Water Strategies 63 Division 1C-Long-term water resources assessments 64 22K Preparation of a program of long-term water resources assessments 64
22L Contents of a long-term water resources assessment 64
22M Preparation of a draft long-term water resources assessment 65
22N Review by Environment Protection Authority 65
22O Consideration and publication of long-term water resources assessment
66
22P Review following long-term water resources assessment 67
22Q Consultative committee for review 68
22R Review process 69
22S Reporting of panel 70
22T Consideration and publication of review 71
22U Annual report on long-term water resources assessment 72
22V Program of implementation of review 72 Division 2-Water resources assessment program 73 23 Powers of Minister in relation to assessment program 73
24 Drilling for groundwater 75
25 Giving of information to Minister 76
26 Reports on assessment program 76 Division 3-Water supply protection areas 76 27 Declaration of water supply protection area 76
28 Amendment or abolition of water supply protection area 79
29 Consultative committee 79
30 Guidelines for preparation of draft management plans 80
31 Preparation of draft management plan 81
32 Overlapping management plans to be taken into account 82
32A Management plan 82
32B Administration and enforcement of management plan 87
32C Report on administration and enforcement of management plan 88
32D Public availability of report 89
32E Certain plans deemed to be approved management plans 89
32F Compensation in certain circumstances 90
32G Amendment or revocation of approved management plan 92
32H Plan must be available for inspection 93 Division 4-Minister's powers to qualify rights 93 33 Definitions 93
33AAA Temporary qualification of rights to water 94
33AAB Permanent qualification of rights to water 94
33AAC Procedures applying to qualifications 95
33AAD Conditions on certain qualifications 96 Division 5-State observation bores 97 33A Power to enter land 97
33B Compensation 97
33C Right to take water for domestic and stock use from a State
observation bore 98
33D Offence to interfere etc. with State observation bore 98 Part 3A-Water Shares 100 Division 1-Offence as to taking of water 100 33E Offence to take water without authorisation 100 Division 2-Issuing and nature of water share 101 33F Issuing and nature of water shares 101
33G Matters the Minister must determine in issuing a water share 102
33H Matters Minister must specify in issuing water share 102
33I Circumstances in which Minister must not issue a share 103
33J Matters to be considered in issuing certain water shares 103
33K Matters to be considered in issuing water shares on interstate
applications 105 Division 3-Application for or sale of water shares 106 33L Application for water share 106
33M Applications for water shares by holders of interstate right 106
33N Minister to defer application where area is proposed to be a
water supply protection area 106
33O Minister to advise applicant of decision 107
33P Sale of water shares by Minister 107 Division 4-Variation of water shares 108 33Q Power of Minister to vary water shares 108
33R Applications for variation of water shares 109 Division 5-Dealings with water shares 109 33S Transfer of ownership of water share 109
33T Limited term transfers 110
33U Assignment of water allocation 111
33V Further assignment of water allocation 113
33W Offence to give a transfer or assignment without Ministerial approval
114
33X Ministerial approval 114
33Y Division of water shares 115
33Z Consolidation of water shares 116 Division 6-Surrender and cancellation of water shares 118 33AA Surrender of water share 118
33AB Cancellation where interstate rights are obtained 118
33ABA Cancellation where rights outside declared water system
are obtained 119 Division 7-Water allocations 119 33AC Water allocations 119
33AD Declaration for taking of water allocation under water
share in subsequent water season 119 Division 8-Intrastate and interstate agreements and approvals 120 33AE Interstate agreement as to dealings in water rights 120
33AF Offence to take interstate water without approval of
Minister 121
33AG Approval of Minister to taking of interstate water 121
33AH Offence to take water under a water allocation outside the associated
water system without approval of Minister 122
33AI Approval of Minister to taking of water outside water
system 122 Division 9-Fees for provision of services to owners of water
shares 123 33AJ Service provision fees 123
33AK Fee to be a charge over water share 123 Division 10-Associated water shares 124 33AL Determination as to water share being an associated water share
124
33AM Matters to be considered in making of the determination
as to associated water shares 124
33AN Determination as to cessation as associated water share
where no works etc. available 126
33AO Revocation of associated water share determination by Minister
126
33AP Revocation of associated water share determination on application
128
33AQ Applications for and notices of determinations under this Division
128 Division 11-Repealed 129 33AR Repealed 129
33AS Obligations for water share owners on cessation of
ownership or occupation of land 129
33AT, 33AU Repealed 129 Division 12-Miscellaneous matters as to water shares 130 33AV Effect of death of owner or holder of certain other interests 130
33AW Applications under this Part 131
33AX Application for Tribunal to review certain decisions of Minister as
to water shares 131
33AY Time for making application 132 Division 13-Rule making powers of Minister 132 33AZ Rule making powers for water shares 132 Part 4-Allocation of Water 134 Division 1-Bulk entitlements 134 34 Definition and disallowance 134
34A Grant of bulk entitlement 135
34B Authorisation of entitlement 135
35 Applications for conversion of pre-existing entitlements 135
36 Application for bulk entitlement 136
37 Repealed 138
38 Advertisement etc. of application 138
39 Appointment of panel 139
40 Matters to be taken into account 141
41 Application to be deferred in certain circumstances 143
42 Determination of application 144
43 Order granting entitlement 144
43A Appointment of resource managers and environmental
managers 147
44 Amendment of entitlement by Order 148
44A Amendment of entitlement where water allocated to environmental
entitlement 148
44B Cancellation of bulk entitlement where water to be transferred
to environmental entitlement 149
45 Minor amendment of bulk entitlement by notice 149
46 Assignment of water allocation 150
46A Further assignment of water allocation 151
46B Offence to give an assignment without Ministerial approval 152
46C Ministerial approval 152
46D Transfer of bulk entitlement 153
46E Ministerial approval for transfer 153
46F Sale of bulk entitlement 155
46G Effect of transfer of bulk entitlement 155
47 Conversion of existing entitlements 156
47A Compliance with terms of bulk en