Licence to take and use water
51 Licence to take and use water
A person may apply to the Minister for the issue of a licence to take and use—
water from a waterway (including the River Murray); or
groundwater; or
S. 51(1)(ba) inserted by No. 5/2002 s. 19(1).
water from a spring or soak or water from a dam (to the extent that it is not rainwater supplied to the dam from the roof of a building or water supplied to the dam from a waterway or a bore), for a use other than domestic and stock use; or
S. 51(1)(c) amended by Nos 50/1992 s. 10(Sch. item 11.4), 49/1994 s. 5(1)(b), substituted by No. 86/1995 s. 11, amended by Nos 99/2005 s. 25(a), 23/2019 s. 107(a).
water, other than recycled water, from any works of an Authority.
S. 51(1)(d) inserted by No. 86/1995 s. 11, amended by No. 99/2005 s. 25(b), repealed by No. 23/2019 s. 107(b).
* * * * *
S. 51(1AA) inserted by No. 99/2005 s. 46, substituted by No. 29/2007 s. 14.
An application may not be made under subsection (1) to take and use water in a declared water system unless—
the water to be taken and used is to be subject to a condition that a proportion of the water so taken and used is to be returned to the water system; or
the water is to be taken and used for a prescribed purpose.
S. 51(1A) inserted by No. 5/2002 s. 19(2) (as amended by No. 6/2002 s. 4(1)).
During the period commencing on 1 July 2002 and ending on 30 June 2003, a person may apply, without payment of an application fee, to the Minister for the issue of a registration licence to take and use—
water from a spring or soak or water from a dam (to the extent that it is not rainwater supplied to the dam from the roof of a building or water supplied to the dam from a waterway or a bore), for a use other than domestic and stock use; or
water from a dam on a waterway other than a river, creek, stream or watercourse, for a use other than domestic and stock use.
S. 51(1B) inserted by No. 5/2002 s. 19(2) (as amended by No. 6/2002 s. 4(1)).
Subsection (1A) only applies, in relation to a spring or soak or dam, to a person who at any time during the period of 10 years immediately before the commencement of section 32 of the Water (Irrigation Farm Dams) Act 2002 was taking and using—
water from the spring or soak or water from the dam (other than water supplied to the dam from a waterway or a bore), for a use other than domestic and stock use; or
water from the dam on a waterway other than a river, creek, stream or watercourse, for a use other than domestic and stock use for which a licence under subsection (1)(a) is not in force—
as the case may be.
S. 51(1C) inserted by No. 5/2002 s. 19(3).
Nothing in this section requires a person to hold a licence issued under this section to re-use water that—
is stored in a dam that complies with design criteria specified by the Minister under section 80A; and
does not exceed the volume determined in accordance with the formula specified by the Minister under section 80A; and
is supplied to the person under a licence issued under this section, under section 124(7) or in accordance with section 222.
S. 51(2) amended by No. 5/2002 s. 19(4)(a).
An application under this section must—
be made in a form and manner approved by the Minister; and
contain any information that—
is prescribed; or
is required by the Minister; and
S. 51(2)(ba) inserted by No. 5/2002 s. 19(4)(b).
in the case of an application under subsection (1)(ba) or (1A) in relation to a spring or soak or dam by a person who at any time during the period of 10 years immediately before the commencement of section 32 of the Water (Irrigation Farm Dams) Act 2002 was taking and using—
water from the spring or soak or water from the dam (other than water supplied to the dam from a waterway or a bore), for a use other than domestic and stock use; or
water from a dam on a waterway other than a river, creek, stream or watercourse, for a use other than domestic and stock use—
as the case may be, set out the maximum volume of water to be used by the applicant in each year during the period of the licence, determined in accordance with the criteria specified by Order under section 52A; and
S. 51(2)(c) amended by No. 110/1997 s. 17(1), substituted by No. 5/2002 s. 19(4)(c).
be accompanied by the application fee, if any, fixed by the Minister for that type of application.
S. 51(3) amended by No. 35/1998 s. 21(1).
After consultation with the Minister administering the Conservation, Forests and Lands Act 1987, a licence issued under this section may include authority to enter on any Crown land other than land which is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993 and to install and operate works on that land for the purpose of raising water to be taken and used under the licence.
An authority granted under subsection (3) does not remove the need to apply for any licence that is necessary under Part 5.
The licensee is liable to compensate any person who suffers any pecuniary loss as a direct, natural and reasonable consequence of the exercise of an authority granted under subsection (3).
S. 51(6) amended by No. 52/1998 s. 311(Sch. 1 item 105.10).
The amount of compensation payable is as agreed by the parties or, in the absence of agreement, as determined by the Tribunal.
For the purposes of this section, waterway includes any collection of water which is from time to time replenished in whole or in part by water coming by a natural sub-surface path from a waterway.
S. 51AA inserted by No. 24/2013 s. 11.
This provision refers to the regulations (prescribed purpose
). Made under this Act:
- Water (Drillers' Licences) Regulations 2022 · under section 324
- Water (General) Regulations 2021 · under sections 119 and 324
- Water (Infringements) Regulations 2020 · under section 324
4 more instruments made under this Act are listed on the Act’s overview.
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