Water Act 1989

to re-state, with amendments, the law relating to water in Victoria;

to provide for the integrated management of all elements of the terrestrial phase of the water cycle;

to promote the orderly, equitable and efficient use of water resources;

to make sure that water resources are conserved and properly managed for sustainable use for the benefit of present and future Victorians;

to maximise community involvement in the making and implementation of arrangements relating to the use, conservation or management of water resources;

to ensure that Victoria's water resources and waterways are managed in a way that considers—

Aboriginal cultural values and uses of waterways; and

the social and recreational uses and values of waterways;

to eliminate inconsistencies in the treatment of surface and groundwater resources and waterways;

to provide better definition of private water entitlements and the entitlements of Authorities;

to foster the provision of responsible and efficient water services suited to various needs and various consumers;

to provide recourse for persons affected by administrative decisions;

to provide formal means for the protection and enhancement of the environmental qualities of waterways and their in-stream uses;

to provide for the protection of catchment conditions;

to replace many forms of detailed administrative supervision of Authorities with general supervision by the Minister, through approved corporate plans and express directions;

to continue in existence and to protect all public and private rights to water existing before the commencement of the relevant provisions of this Act.

This Act (except sections 328 and 329) comes into operation on 1 September 1991 or an earlier day or days to be proclaimed.

Section 328 comes into operation on the day on which this Act receives the Royal Assent.

Section 329 must be taken to have come into operation on 6 July 1988.

The Governor in Council may on the recommendation of the Minister, by Order published in the Government Gazette, declare a collection of water (other than water collected and contained in a private dam or a natural depression on private land) to be a lake, lagoon, swamp or marsh.

The Minister must not recommend to the Governor in Council the making of a declaration under subsection (1) unless—

the Minister is satisfied that—

the declaration has been applied for by a person who, if the collection of water was a lake, lagoon, swamp or marsh, would have the right to take and use water from it under section 8(1); and

the applicant has caused notice of the application to be published in a newspaper circulating generally in the area in which the water is situated; and

the applicant has caused notice of the application to be given or sent by post to—

the owner and occupier of the land on which the water is situated; and

the council in whose municipal district the water is situated; and

the responsible authority in relation to a planning scheme for the area in which the water is situated; and

the Minister has considered any submissions made on the application within the period of 60 days after the publication or giving of notice of the application under paragraph (a)(ii) or (a)(iii), whichever is the later.

The Minister may require further information with respect to an application to be provided by the applicant or an Authority.

The Governor in Council may on the recommendation of the Minister, by Order published in the Government Gazette at the same time as a declaration under subsection (1), require a person who—

owns land on which the declared collection of water is situated; or

who will benefit from the declaration—

owns land on which the declared collection of water is situated; or

will suffer detriment from the declaration.

A copy of an Order made under subsection (4) must be given or sent by post to any Authority or person affected by the Order.

A person whose interests are affected by a decision of the Governor in Council to make an Order under subsection (1) or (4) may apply to the Tribunal for review of the decision.

An application for review must be made within 28 days after the later of—

the day on which the decision is made;

if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

The environmental water reserve comprises water that is set aside for the environment—

as an environmental entitlement; and

through the operation of—

conditions on any bulk entitlement, or any licence, permit or authority issued under this or any other Act, or regulations made under this or any other Act; and

any management plan under this Act; and

any other provision of this Act, the Murray-Darling Basin Act 1993 or the Groundwater (Border Agreement) Act 1985 or any regulations made under this Act or those Acts.

In this Act a reference to the environmental water reserve is a reference to any water to which subsection (1) applies.

The environmental water reserve objective is the objective that the environmental water reserve be maintained so as to preserve the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and quality of water and the other uses that depend on environmental condition.

In this Act a reference to the environmental water reserve objective is a reference to the objective set out in subsection (1).

sections 12, 15 and 16;

section 23;

section 33E;

section 33W;

section 46B;

section 48N;

sections 55A and 70A;

section 63;

sections 64FB, 64FG, 64FV, 64FZB and 64FZI;

sections 75A, 76A, 78, 78A, 79, 79A, 80, 80AA and 81;

sections 133 and 134;

sections 141, 142, 142A, 143, 145, 145A, 148(1), 149, 150, 151, 153 and 154;

section 169A;

section 178;

sections 194, 195, 200, 208 and 218;

section 231;

sections 265, 268 to 270 and 281;

sections 288 to 290;

sections 308 and 309.

Every power, discretion, function, authority and duty of the Minister, the Authority and the Tribunal under this Act must be construed subject to—

the Groundwater (Border Agreement) Act 1985 and the agreement approved by that Act; and

the Murray-Darling Basin Act 1993 and the Murray-Darling Basin Agreement.

A purported exercise of a power, discretion, function, authority or duty by the Minister, an Authority or the Tribunal is of no effect to the extent that it is inconsistent with an agreement referred to in subsection (1).

An agreement referred to in subsection (1) prevails over a right to take or to use water conferred by or under this Act, other than section 7(1), 8(1) or 8(4)(c).

The Minister, an Authority or the Tribunal, in exercising a power, discretion, function, authority or duty under this Act, must not act in a manner detrimental to or inconsistent with the operation of an agreement referred to in subsection (1).

things, including land, situated in or outside the territorial limits of Victoria;

acts, transactions and matters done, entered into or occurring in or outside the territorial limits of Victoria;

things, land, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another jurisdiction.

The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette, make a declaration that, on the day specified in the declaration, a water system becomes a declared water system.

A declaration under subsection (1)—

must not be amended, unless to correct any clerical, factual or other inadvertent mistake in the declaration; and

must not be revoked.

Before making a declaration under subsection (1), the Minister must consult with—

the Authority or Authorities responsible for the supply of water from the water system to which the declaration relates; and

the Registrar.

On the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may make a declaration that an area in a declared water system becomes a water system zone on the day specified in the declaration.

On the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may make a declaration amending or revoking a declaration made under subsection (1).

If an Order in Council is made amending or revoking a declaration under subsection (1), the Minister, on the Minister's own motion—

may vary or revoke the water system zone applying to the water shares affected by the declaration; and

may vary or revoke the water system zone applying to the general place of take approvals affected by the declaration.

The Minister may declare an area in one or more declared water systems to be a rationing area.

If the area to be declared under subsection (1) comprises all or part of one or more irrigation districts, section 64FV and the process set out in section 64FW apply.

If subsection (2) does not apply, a declaration under subsection (1) must be made by instrument and published in the Government Gazette.