Whole Act
77 provisions in continuous reading order
Loading the complete Act…
The main purpose of this Act is to provide for the reform of the water industry.
Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.
Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
If a provision referred to in subsection (2) does not come into operation within the period of 6 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.
In this Act—
S. 3(1) def. of analyst inserted by No. 110/1997 s. 26, repealed by No. 17/2012 s. 70(1).
* * * * *
S. 3(1) def. of authorised officer inserted by No. 66/2000 s. 3(a).
authorised officer means a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of Divisions 4 and 6 of Part 4 of this Act;
S. 3(1) def. of authorised person amended by No. 66/2000 s. 3(b), repealed by No. 17/2012 s. 70(1).
* * * * *
S. 3(1) def. of authorised water officer inserted by No. 29/2007 s. 3, repealed by No. 17/2012 s. 70(1).
* * * * *
S. 3(1) def. of Commission inserted by No. 62/2001 s. 91(a).
Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;
S. 3(1) def. of company substituted by No. 44/2001 s. 3(Sch. item 128.1(a)).
company means a company within the meaning of the Corporations Act that is taken to be registered in Victoria;
S. 3(1) def. of drought response plan inserted by No. 29/2007 s. 3, repealed by No. 17/2012 s. 70(1).
* * * * *
S. 3(1) def. of emergency management plan inserted by No. 29/2007 s. 3, repealed by No. 17/2012 s. 70(1).
* * * * *
S. 3(1) def. of licence repealed by No. 17/2012 s. 70(1).
* * * * *
S. 3(1) def. of licensee inserted by No. 29/2007 s. 3, repealed by No. 17/2012 s. 70(1).
* * * * *
S. 3(1) def. of MMBW Act repealed by No. 85/2006 s. 173(Sch. 1 item 15.1(a)).
* * * * *
S. 3(1) def. of officer amended by No. 44/2001 s. 3(Sch. item 128.1(b)).
officer, in relation to a body corporate, has the meaning given by section 82A of the Corporations Act;
S. 3(1) def. of Parks Victoria recorded land inserted by No. 19/2018 s. 221(a).
Parks Victoria recorded land has the same meaning as in the Conservation, Forests and Lands Act 1987;
S. 3(1) def. of permanent water saving plan inserted by No. 29/2007 s. 3, repealed by No. 17/2012 s. 70(1).
* * * * *
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 183.1).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of principal works repealed by No. 17/2012 s. 70(1).
* * * * *
S. 3(1) def. of rating authority inserted by No. 44/1998 s. 28(1), substituted by No. 66/2000 s. 3(c).
rating authority means the Minister administering Part 4;
S. 3(1) def. of retail licence repealed by No. 17/2012 s. 70(1).
* * * * *
S. 3(1) def. of Secretary inserted by No. 44/1998 s. 28(1), substituted by No. 19/2018 s. 221(b).
Secretary has the same meaning as in the Conservation, Forests and Lands Act 1987;
S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 74(1).
Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;
S. 3(1) def. of security deposit repealed by No. 17/2012 s. 70(1).
* * * * *
S. 3(1) def. of service charge inserted by No. 65/1995 s. 14(1)(a), repealed by No. 17/2012 s. 70(1).
* * * * *
S. 3(1) def. of trade waste agreement inserted by No. 65/1995 s. 14(1)(a), substituted by No. 85/2006 s. 173(Sch. 1 item 15.1(b)), repealed by No. 17/2012 s. 70(1).
* * * * *
S. 3(1) def. of Tribunal inserted by No. 90/2003 s. 13(1).
Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;
S. 3(1) def. of usage charge amended by No. 65/1995 s. 14(1)(b), repealed by No. 17/2012 s. 70(1).
* * * * *
S. 3(1) def. of Victorian body corporate substituted by No. 44/2001 s. 3(Sch. item 128.1(c)).
Victorian body corporate means a company within the meaning of the Corporations Act that is taken to be registered in Victoria;
S. 3(1) def. of waterways land inserted by No. 66/2000 s. 3(a), amended by No. 17/2012 s. 70(2).
waterways land means land of the Crown which is comprised of—
the bed, soil and banks of any waterway within the metropolitan area (within the meaning of section 153A); and
any land which is within 20 metres of land described in paragraph (a).
S. 3(1) def. of works repealed by No. 17/2012 s. 70(1).
* * * * *
Expressions used in this Act and in the Water Act 1989 that are not defined in subsection (1) or elsewhere in this Act have the same meanings as in the Water Act 1989.
This Act is to be read and construed as one with the Water Act 1989.
This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
S. 4AA inserted by No. 50/2011 s. 3, amended by No. 41/2021 s. 82, repealed by No. 121/1994 s. 202.
* * * * *
Pt 1A (Heading and ss 4A–4I) inserted by No. 48/2003 s. 3.
In this Part—
S. 4A(1) def. of Code repealed by No. 41/2021 s. 83(b).
* * * * *
declared goods and services means goods and services declared to be declared goods and services by a Water Industry Regulatory Order;
Order means an Order in Council made by the Governor in Council;
prescribed goods and services means goods and services prescribed to be prescribed goods and services by a Water Industry Regulatory Order;
S. 4A(1) def. of Regional Urban Water Authority substituted by No. 17/2012 s. 71(1), amended by No. 48/2021 s. 140.
Regional Urban Water Authority means—
the Barwon Region Water Corporation;
the Central Gippsland Region Water Corporation;
the Central Highlands Region Water Corporation;
the Coliban Region Water Corporation;
the East Gippsland Region Water Corporation;
the Goulburn Valley Region Water Corporation;
the Grampians Wimmera Mallee Water Corporation;
the Lower Murray Urban and Rural Water Corporation;
the North East Region Water Corporation;
the South Gippsland Region Water Corporation;
the Wannon Region Water Corporation;
* * * * *
the Westernport Region Water Corporation;
any other body determined by the Minister to be a Regional Urban Water Authority;
S. 4A(1) def. of regulated entity amended by No. 17/2012 s. 71(2).
regulated entity means—
the Melbourne Water Corporation;
a metropolitan water corporation;
a Regional Urban Water Authority;
a Rural Water Authority;
S. 4A(1) def. of regulated water industry amended by No. 17/2012 s. 71(3).
regulated water industry means the water industry as constituted by—
the Melbourne Water Corporation;
metropolitan water corporations;
Regional Urban Water Authorities;
Rural Water Authorities;
S. 4A(1) def. of Rural Water Authority substituted by No. 17/2012 s. 71(4).
Rural Water Authority means—
the Gippsland and Southern Rural Water Corporation;
the Goulburn-Murray Rural Water Corporation;
the Grampians Wimmera Mallee Water Corporation;
the Lower Murray Urban and Rural Water Corporation;
any other body determined by the Minister to be a Rural Water Authority;
S. 4A(1) def. of Water Industry Regulatory Order amended by No. 41/2021 s. 83(c).
Water Industry Regulatory Order means an Order which is in force under section 4D;
S. 4A(1) def. of Water Industry Standard inserted by No. 41/2021 s. 83(a).
Water Industry Standard means a Water Industry Standard under section 4F.
S. 4A(2) inserted by No. 17/2012 s. 71(5).
The Minister may determine that a water corporation is a Regional Urban Water Authority or a Rural Water Authority.
S. 4A(3) inserted by No. 17/2012 s. 71(5).
A determination of the Minister under subsection (2) must be in writing and must be published in the Government Gazette.
S. 4AB inserted by No. 50/2011 s. 4, amended by No. 52/2021 s. 105, repealed by No. 121/1994 s. 203.
* * * * *
S. 4B inserted by No. 48/2003 s. 3.
For the purposes of the Essential Services Commission Act 2001—
S. 4B(1)(a) amended by No. 50/2011 s. 5(1).
Part 1A of this Act is relevant legislation; and
the regulated water industry is a regulated industry.
For the purposes of the definition of regulated industry in the Essential Services Commission Act 2001, the regulated water industry is deemed to be operating under this Act.
S. 4B(3) amended by No. 85/2006 s. 173(Sch. 1 item 15.2), repealed by No. 50/2011 s. 5(2), new s. 4B(3) inserted by No. 121/1994 s. 204.
If there is any inconsistency between a provision of this Part and a provision of the Essential Services Commission Act 2001 or the Water Act 1989, the provision of this Part prevails to the extent of that inconsistency.
S. 4C inserted by No. 48/2003 s. 3.
The objectives of the Commission under this Act in relation to the regulated water industry are—
wherever possible, to ensure that the costs of regulation do not exceed the benefits;
to ensure that regulatory decision making and regulatory processes have regard to any differences between the operating environments of regulated entities;
to ensure that regulatory decision making has regard to the health, safety, environmental sustainability (including water conservation) and social obligations of regulated entities.
S. 4D inserted by No. 48/2003 s. 3.
The Governor in Council may by Order—
make a Water Industry Regulatory Order;
amend, vary or revoke the Water Industry Regulatory Order.
The Water Industry Regulatory Order may—
specify which goods or services made, produced or supplied by or within the regulated water industry are to be prescribed goods and services in respect of which the Commission has the power to regulate prices;
specify a price, price-range, factor or term and condition which is to be a prescribed price in respect of which the Commission has power to regulate;
require the Commission to adopt a specified approach, principle or methodology in regulating prices;
fix regulatory asset values;
declare which goods or services made, produced or supplied by or within the regulated water industry are to be declared goods and services in respect of which the Commission has the power to regulate standards and conditions of service and supply;
declare which goods or services made, produced or supplied by or within the regulated water industry are to be declared goods and services in respect of which the Commission has the power to regulate market conduct;
confer on the Commission such functions as the Governor in Council considers necessary;
specify matters relating to quality and performance standards of a health, environmental or technical nature in respect of which the Commission may not exercise any function or power;
specify any matters to which the Commission must have regard in exercising its powers and functions.
Without limiting the generality of subsection (2)(c), the Water Industry Regulatory Order may—
include restrictions on price increases;
make provision for the phasing in of price increases over time;
specify matters which must be considered in making a price determination;
specify matters in relation to the sharing of efficiency gains;
specify the nature and manner of passing through identified costs to customers.
Without limiting the generality of subsection (2)(g), the Water Industry Regulatory Order may confer on the Commission functions relating to—
S. 4D(4)(a) amended by No. 41/2021 s. 84.
auditing performance and compliance with Water Industry Standards and Statements of Obligations;
monitoring and performance reporting;
the resolution of disputes between regulated entities in relation to standards and conditions of service and supply;
the resolution, with the agreement of the customer or person, of disputes with respect to prices for services;
reviewing whether particular goods or services should be regulated and making a recommendation to the Minister, if so requested by the Minister after consultation with the Minister administering the Essential Services Commission Act 2001.
S. 4D(5) amended by No. 75/2004 s. 76.
This section does not empower the making of a Water Industry Regulatory Order containing a provision purporting to have the effect of changing or substituting a determination made by the Commission.
An Order made under this section—
must be published in the Government Gazette; and
has effect from the date specified in the Order.
S. 4E inserted by No. 48/2003 s. 3.
The Commission may in relation to regulated entities regulate—
standards and conditions of service and supply of declared goods and services; and
market conduct relating to declared goods and services.
In exercising its powers or carrying out its functions under this Part, the Commission must adopt an approach which—
the Commission considers will best meet the objectives specified in the Essential Services Commission Act 2001 and in this Part; and
complies with any requirements specified in the Water Industry Regulatory Order.
S. 4F (Heading) substituted by No. 41/2021 s. 85(1).
S. 4F inserted by No. 48/2003 s. 3.
S. 4F(1) amended by No. 41/2021 s. 85(2).
In the exercise of any power or function of the Commission with respect to the regulated water industry, the Commission may make, amend or revoke Water Industry Standards.
S. 4F(2) amended by No. 41/2021 s. 85(3).
A Water Industry Standard may provide for any matter relating to—
S. 4F(2)(a) amended by No. 41/2021 s. 85(3).
requiring a specified regulated entity or a specified class of regulated entity to develop, issue and comply with customer-related standards, procedures, policies and practices (including with respect to the payment of compensation to customers) in accordance with the Water Industry Standard;
specifying minimum customer-related standards, procedures, policies and practices for inclusion by a specified regulated entity or a specified class of regulated entity in a customer charter for specific services;
requiring a specified regulated entity or a specified class of regulated entity to enter into an agreement with another specified regulated entity or another specified class of regulated entity for the purpose of ensuring that obligations relating to customer-related standards can be met;
specifying principles for the negotiation of agreements required under paragraph (c) between regulated entities in relation to standards and conditions of service and supply;
S. 4F(2)(e) amended by No. 17/2012 s. 72(a).
requiring regulated entities to maintain specified accounting records and to prepare accounts according to specified principles;
S. 4F(2)(f) inserted by No. 17/2012 s. 72(b), amended by No. 24/2013 s. 41(1)(a).
recovery by regulated entities of amounts persons are liable to pay to regulated entities under Divisions 5, 6 and 7 of Part 13 of the Water Act 1989, including—
S. 4F(2)(f)(i) substituted by No. 24/2013 s. 41(1)(b).
specifying any person or class of person who must not be charged interest on unrecovered amounts; and
S. 4F(2)(f)(ii) amended by No. 24/2013 s. 41(1)(c).
fixing the maximum rate of interest that may be charged on unrecovered amounts; and
S. 4F(2)(f)(iii) amended by No. 24/2013 s. 41(1)(d).
whether a charge on a person's property under section 274(4A) of the Water Act 1989 does not apply.
S. 4F(3) repealed by No. 15/2008 s. 28, new s. 4F(3) inserted by No. 24/2013 s. 41(2), amended by No. 41/2021 s. 85(4).
For the purposes of subsection (2)(f)(ii), the Water Industry Standard may fix a maximum rate—
by expressing it as a percentage; or
by tying it to a specific floating institutional rate charged for loans or paid for borrowing by a public or commercial institution.
S. 4F(4) repealed by No. 15/2008 s. 28.
* * * * *
S. 4F(5) amended by No. 41/2021 s. 85(4).
A Water Industry Standard is not a determination for the purposes of the Essential Services Commission Act 2001.
S. 4F(6) amended by No. 41/2021 s. 85(4).
A regulated entity must comply with any provision of a Water Industry Standard which applies to the regulated entity.
S. 4G inserted by No. 48/2003 s. 3, repealed by No. 6/2024 s. 30.
* * * * *
S. 4H inserted by No. 48/2003 s. 3.
S. 4H(1) amended by No. 41/2021 s. 86(1)(a)(c).
The Minister—
S. 4H(1)(a) amended by No. 41/2021 s. 86(1)(b).
in consultation with the Minister administering the Essential Services Commission Act 2001; and
having regard to the total amount of the costs and expenses of the Commission that are incurred or are likely to be incurred by the Commission in the exercise of its powers for or in connection with the performance of its functions and the achievement of its objectives in relation to the regulated water industry—
must determine, by notice published in the Government Gazette, the amount to be contributed towards those costs and expenses by each regulated entity.
S. 4H(2) amended by No. 41/2021 s. 86(2).
The contribution is payable at such intervals and in such amounts as is determined by the Minister in consultation with the Minister administering the Essential Services Commission Act 2001 by notice in writing to the regulated entity.
S. 4H(3) inserted by No. 41/2021 s. 86(3).
A determination under this section takes effect on the day that the notice is published in the Government Gazette under subsection (1) or on a later day specified in that notice.
S. 4H(4) inserted by No. 41/2021 s. 86(3).
A determination under this section ceases to have effect on whichever of the following days occurs first—
the day the determination is revoked;
the day (if any) that the notice published in the Government Gazette under subsection (1) specifies as the day on which the determination ceases to have effect;
the day that is 10 years after the day on which the determination took effect.
S. 4I inserted by No. 48/2003 s. 3.
S. 4I(1) repealed by No. 17/2012 s. 73(1).
* * * * *
After consultation with the Treasurer and the Commission, the Minister may—
S. 4I(2)(a) amended by No. 17/2012 s. 73(2).
make and issue a Statement of Obligations to a regulated entity specifying obligations of the regulated entity in performing its functions and exercising its powers;
amend, vary or revoke a Statement of Obligations after complying with subsection (5).
Without limiting the generality of subsection (2), a Statement of Obligations may include provisions relating to—
governance;
quality and performance standards;
community service obligations;
customer and community consultation;
the specifying of—
a maximum in relation to the amount of a payment or amounts of payments which may be required from the owner of a property for the provision of sewerage services to the property under section 268(1) of the Water Act 1989; and
the manner in which the payment or payments are to be made;
failure to comply with any obligations imposed by a Statement of Obligations;
S. 4I(3)(g) amended by No. 17/2012 s. 73(3).
obligations of a regulated entity with respect to other public authorities.
S. 4I(4) amended by No. 17/2012 s. 73(4).
A regulated entity must comply with a Statement of Obligations which applies to the regulated entity.
The Minister must not amend or vary a Statement of Obligations unless—
S. 4I(5)(a) amended by No. 17/2012 s. 73(5).
the regulated entity has agreed to the proposed amendment or variation; or
the Minister has—
S. 4I(5)(b)(i) amended by No. 17/2012 s. 73(5).
given the regulated entity notice in writing of the proposed amendment or variation; and
S. 4I(5)(b)(ii) amended by No. 17/2012 s. 73(5).
considered any written submission made by the regulated entity in response to the notice.
The Minister must cause a notice of—
S. 4I(6)(a) amended by No. 17/2012 s. 73(6).
the making and issue of a Statement of Obligations to a regulated entity; or
the amendment, variation or revocation of the Statement of Obligations—
to be published in the Government Gazette.
S. 4I(7) amended by No. 41/2021 s. 87.
If there is any inconsistency between a provision of a Statement of Obligations and a provision of a Water Industry Standard, the provision of the Statement of Obligations prevails.
Pt 1B (Heading and ss 4J–4Q) inserted by No. 50/2011 s. 6, amended by No. 52/2021 s. 106, repealed by No. 121/1994 s. 205.
* * * * *
Pt 2 (Heading and ss 5–53) repealed. [1]
* * * * *
Pt 3 (Heading and ss 54–106) repealed. [2]
* * * * *
Pt 4 (Heading) amended by No. 66/2000 s. 7.