Victorian Numbered Acts Victorian Numbered ActsFor Part 6 of the Water Act 1989 substitute —
(1) There are established water corporations each of which is to be known by a name set out in an item in Column 1 of the table in Schedule 1.
(2) The Minister may, by determination, with the approval of the Treasurer, establish a water corporation, if the Minister is satisfied that it is necessary to do so for the purposes of section 87, which is to be known by the name set out in the determination.
(3) Each water corporation established under this section—
(a) is a body corporate with perpetual succession; and
(b) has an official seal; and
(c) may sue and be sued; and
(d) may acquire, hold or dispose of real and personal property; and
(e) may do and suffer all acts and things that a body corporate may by law do and suffer.
(4) All courts must take judicial notice of the seal of a water corporation affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
(5) The official seal of each water corporation must be kept in the custody that is directed by the water corporation and must not be used, except as authorised by the water corporation.
The Public Administration Act 2004 applies to each water corporation as if that water corporation were a public entity, but not a small entity, within the meaning of that Act, established on or after the commencement of Part 5 of that Act.
(1) The Minister may, by determination, with the approval of the Treasurer appoint a water corporation to take over the whole or any part of the functions, powers and duties of another water corporation under this Act.
(2) The Minister must not make a determination under sub-section (1) unless—
(a) the Minister has reached agreement with each water corporation that is affected by the determination as to the terms and conditions of the determination; or
(b) the Minister has before making such a determination—
(i) given reasons for the determination to all water corporations affected by the determination; and
(ii) laid a copy of the reasons for the determination before both Houses of the Parliament.
(3) If the water corporation to which section 95(2) applies is restructured under this section, section 95(1) applies to the restructured water corporation and section 95(2) does not apply.
(1) The Minister may, by determination, with the approval of the Treasurer, abolish a water corporation.
(2) The Minister must not make a determination under sub-section (1) unless—
(a) a petition is delivered by a majority of the persons subject to a tariff within the water, sewerage, waterway management and irrigation districts (if any) of the water corporation to the Minister requesting the abolition of the water corporation; or
(b) the water corporation has no functions to perform.
The Minister must publish a determination under section 85(2), 87 or 88 in the Government Gazette.
Schedule 2 has effect with respect to any determination made under section 87 or 88.
(1) The Minister may, by determination, appoint an administrator to carry out the functions of a water corporation, if the water corporation has failed to comply with a direction of the Minister under section 307.
(2) A determination of the Minister under sub-section (1)—
(a) must specify the term for which the Administrator is appointed, which must be not more than 12 months; and
(b) must set out reasons for the actions proposed in it; and
(c) must be published in the Government Gazette; and
(d) must be laid by the Minister before both Houses of Parliament within 5 sitting days of each House after the determination is made.
(3) During the period for which an administrator is appointed under this section, the administrator acts in substitution for the board of directors in performing the functions and duties of the water corporation.
(4) Any defect in relation to the appointment of the administrator does not invalidate that appointment or anything done by the administrator.
(5) On the expiry of a determination under this section the Minister must determine whether or not to—
(a) reinstate to his or her office each member of the board of directors of the water corporation whose term has not expired; or
(b) dismiss each member of the board of directors of the water corporation.
(6) The administrator goes out of office—
(a) if members are reinstated under sub-section (5)(a), at the time of that reinstatement; or
(b) if all the members are dismissed under sub-section (5)(b), on the appointment of new members—
as the case requires.
(7) If the term of appointment of the administrator expires and a determination under sub-section (5) has not been made, members of the board of directors of the water corporation whose term has not expired, are reinstated.
(1) Each water corporation has the functions, powers and duties conferred on it by or under this or any other Act.
(2) In addition to any other functions conferred on a water corporation by or under this or any other Act, a water corporation has the functions of—
(a) investigating, promoting and conducting research into any matter relating to its other functions, its powers and its duties; and
(b) educating the community about its functions.
(3) Schedule 3 has effect with respect to Melbourne Water Corporation.
Each water corporation, in performing its functions, exercising its powers and carrying out its duties must have regard to the following principles—
(a) the need to ensure that water resources are conserved and properly managed for sustainable use and for the benefit of present and future generations; and
(b) the need to encourage and facilitate community involvement in the making and implementation of arrangements relating to the use, conservation and management of water resources; and
(c) the need to integrate both long term and short term economic, environmental, social and equitable considerations; and
(d) the need for the conservation of biological diversity and ecological integrity to be a fundamental consideration; and
(e) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty as to measures to address the threat should not be used as a reason for postponing such measures.
Each water corporation, in performing its functions, exercising its powers and carrying out its duties has the objective that the water corporation must act as efficiently as possible consistent with commercial practice.
(1) Subject to sub-section (2), each water corporation must have a board of directors consisting of—
(a) not less than 2 and not more than 8 directors appointed by the Minister, or, in the case of Melbourne Water Corporation, appointed by the Minister together with the Treasurer (of whom one is to be appointed as chairperson under section 104); and
(b) the managing director of the water corporation.
(2) The First Mildura Irrigation Trust must have a board of directors consisting of—
(a) 6 directors elected by the owners or occupiers of rateable land within the irrigation district of the Authority in accordance with Schedule 6 and any regulations made under section 324A (of whom one is to be appointed as chairperson under section 104); and
(b) the managing director of the First Mildura Irrigation Trust.
(3) For the purposes of sub-section (1)(a), the Minister, or in the case of Melbourne Water Corporation, the Minister together with the Treasurer, may from time to time, by instrument, determine the number of directors for each water corporation.
(4) The board of directors of a water corporation—
(a) is responsible for—
(i) the strategic planning of the corporation; and
(ii) the management of the affairs of the corporation; and
(b) may exercise the powers of the corporation.
(5) When acting under sub-section (4), the board of directors of a water corporation must do so having regard to the principles set out in section 93 and the objective set out in section 94.
This Part has effect in addition to and not in derogation of, any Act or law relating to the criminal or civil liability of directors and does not prevent the institution of any criminal or civil proceedings in respect of such a liability.
In appointing persons to be members of the board of directors of a water corporation, the Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, must ensure that each person so appointed has qualifications and experience that are relevant to the operations of the water corporation.
(1) A member of the board of directors of a water corporation holds office, subject to this Act—
(a) for the term, not exceeding 4 years, that is specified in the instrument of his or her appointment and is eligible for re-appointment; and
(b) subject to this section, on the other terms and conditions that are determined by the Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer.
(2) Each member of the board of directors of a water corporation holds office on a part-time basis.
(3) In this section "member of the board of directors" does not include the managing director.
(1) The board of a water corporation may appoint a person as the managing director of the water corporation, on a full-time or part-time basis.
(2) The managing director of a water corporation holds office, subject to this Act—
(a) for the term, not exceeding 5 years that is specified in the instrument of his or her appointment, and is eligible for re-appointment; and
(b) subject to the terms and conditions that are specified in that instrument.
(3) The managing director of a water corporation is not capable of being appointed as the chairperson, deputy chairperson or another director of the corporation.
(1) The office of member of the board of directors becomes vacant if the member—
(a) resigns in accordance with sub-section (3); or
(b) becomes an insolvent under administration (within the meaning of the Corporations Act); or
(c) fails to attend 3 consecutive meetings of the board of directors without the approval of the board; or
(d) is found guilty of an indictable offence; or
(e) holds a paid office in the water corporation.
(2) Sub-section (1)(e) does not apply to the managing director.
(3) A person may resign from the office of member of the board of directors by notice in writing delivered to the Minister.
(1) The Minister, or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, may at any time remove a member of the board of directors of a water corporation, other than the managing director, from the office of member.
(2) The Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, must remove a person from the office of member of the board of directors, other than the managing director, if the member—
(a) is found guilty of such an offence that the Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, is satisfied may affect the member's ability to carry out the duties of his or her office as member; or
(b) fails without reasonable cause to disclose any interest under section 109.
(1) The board of directors of a water corporation may appoint a person to act as managing director of the water corporation if—
(a) the office of managing director is vacant; or
(b) the managing director is absent or is unable, for any reason, to perform the duties of the office.
(2) The acting managing director of a water corporation is not capable of being the chairperson, deputy chairperson or another director of the corporation.
The board of directors of a water corporation must remove a person from the office of managing director if the managing director—
(a) is found guilty of an offence relating to his or her duties as managing director; or
(b) fails without reasonable cause to disclose any interest under section 109.
The Minister, or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, must appoint a member of the board of directors of a water corporation to be the chairperson of the water corporation.
(1) The board of directors of a water corporation must appoint one of the members of the board of directors to be the deputy chairperson of the board or directors.
(2) The deputy chairperson, if present, must preside at meetings of the board of directors at which the chairperson is not present.
(1) The deputy chairperson must act as chairperson if—
(a) the office of chairperson is vacant; or
(b) the chairperson is unable, for any reason, to perform the duties of the office.
(2) While the deputy chairperson is acting as chairperson, the deputy chairperson has and may exercise all the powers, and must perform all the duties, of the chairperson.
(3) The Minister may appoint a person who has the qualifications and experience as required under section 97 to be a member of the board of directors of a water corporation during any period, or during all periods, when—
(a) the deputy chairperson is acting as chairperson; or
(b) a member of the board of directors is unable for any reason to attend meetings of the board.
(1) An act or decision of the board of directors of a water corporation is not invalid merely because of—
(a) a vacancy in the membership of the board of directors; or
(b) a defect or irregularity in, or in connection with, the appointment of a member of the board of directors.
(2) Anything done by or in relation to a person purporting to act as a member of the board of directors of a water corporation, whether as chairperson, deputy chairperson or another director, is not invalid merely because—
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in relation to the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
A member or a person who has been a member of the board of directors of a water corporation must not make improper use of information acquired by virtue of that person's position as a member—
(a) to gain directly or indirectly any pecuniary advantage for himself or herself or for any other person; or
(b) with intent to cause detriment to the water corporation, whether or not detriment was caused.
Penalty: 20 penalty units.
(1) A member of the board of directors of a water corporation who has a pecuniary interest in any matter in which the water corporation is concerned must—
(a) if the member is present at a meeting of the board of directors or any of its committees at which the matter is to be considered, disclose the nature of the interest immediately before the consideration; or
(b) if the member is aware that the matter is to be considered at a meeting of the board of directors or any of its committees at which the member does not intend to be present, disclose the nature of the interest to the chairperson of the water corporation before the meeting is held.
(2) If a member of the board of directors of a water corporation has disclosed an interest to the chairperson under sub-section (1)(b), the chairperson must disclose that interest at the meeting at which the matter is considered, before the consideration of the matter.
(3) The member of the board of directors—
(a) may stay in the meeting during any consideration of the matter; and
(b) may take part in the discussion; and
(c) must not move or second a motion on a question relating to the matter; and
(d) must leave the meeting while any vote is taken on a question relating to the matter; and
(e) may, when notified by the chairperson that the vote has been declared, return to the meeting.
(4) If a member of the board of directors discloses an interest under sub-section (1), a statement showing—
(a) that the disclosure was made; and
(b) the nature of the matter and the nature of the disclosed interest; and
(c) whether any vote was taken on a question relating to the matter and, if so, whether the member was present while the vote was taken; and
(d) whether the member left the meeting at any time during consideration of the matter and, if so, at what stage the member left—
must—
(e) in the case of a disclosure made at or before a meeting of the board of directors, be included in the minutes of the meeting; and
(f) in the case of a disclosure made at or before a meeting of a committee, be recorded by the committee and presented to, and included in the minutes of the next ordinary meeting of the board of directors.
(5) A person must comply with sub-sections (1) and (3).
Penalty: 20 penalty units.
(6) It is a defence to a charge under sub-section (5) for the person charged to prove that the person did not know—
(a) that he or she had a pecuniary interest in the matter; or
(b) that a matter in which he or she had a pecuniary interest was considered or to be considered at the meeting.
(7) The Magistrates' Court has jurisdiction over a charge under this section even though title to land may be genuinely in question.
(8) A charge may not be filed for an offence under this section more than 3 years after the commission of the alleged offence.
(9) The Minister may, by notice in writing to a water corporation, remove any disability imposed by this section in any case if so many of the members of the board of directors of the water corporation are affected that the Minister decides that the transaction of the business of the water corporation would be impeded.
(10) For the purposes of sub-section (9), the Minister may remove, either indefinitely or for a specified time, any disability that would otherwise attach to a member, or class of members, of the board of directors, because of any interests, and in respect of any matters, that the Minister specifies in the notice.
(1) In this section "shares" includes stock, and "share capital" must be read accordingly.
(2) A member of the board of directors of a water corporation does not have a pecuniary interest to which section 109 applies in relation to a matter only because that member has an interest in the matter—
(a) as a person who receives a service from the water corporation in common with other persons who receive a service from the water corporation; or
(b) as a person who is, or may become, entitled to an allowance or other payment under this Act, if the maximum amount of the allowance or payment, or the rate at which the amount is to be calculated, is fixed under this Act; or
(c) as a member of a club or other association (incorporated or not) that is conducted primarily for charitable, benevolent, recreational or community purposes; or
(d) as a member of an employers' or
employees' association; or
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(e) as a person to whom the water corporation offers, or proposes to offer, goods and services which are, or are proposed to be, offered generally by the water corporation on the same terms and conditions as to that member; or
(f) as a person who receives a service from the water corporation, or as a resident of a district under the control of the water corporation, who may be required by the water corporation to make any payment that other persons who receive that service, or other residents of the district, may be required by the water corporation to make.
(3) Unless sub-section (4) provides otherwise, a person has a pecuniary interest in a matter if—
(a) the person or his or her nominee is a member of a company or other body which has a pecuniary interest in the matter; or
(b) the person is the sole proprietor, a partner, a director or an employee of a person who has a pecuniary interest in the matter.
(4) Sub-section (3) does not apply—
(a) to membership of any body (incorporated or not) which results from an appointment or nomination made by the board of directors of a water corporation; or
(b) to membership or directorship of any body (incorporated or not) if the member or director has no beneficial interest in any capital or income of the body.
(5) If a member of a board of directors of a water corporation has a pecuniary interest in a matter only because he or she has a beneficial interest in the shares of a body, and if the total nominal value of those shares is not more than $2000 or 1 per cent of the total nominal value of the issued share capital of the body (whichever is less), section 109 does not preclude the member from taking part in the consideration of the matter.
(6) If the share capital of a body is of more than one class, sub-section (5) does not apply if the total nominal value of all the shares of any one class in which the member of the board of directors has a beneficial interest is more than 1 per cent of the total nominal value of the issued share capital of that class of the body.
(7) The interest of a spouse or domestic partner of a member of the board of directors must, if known to the member, be taken to be an interest of the member for the purposes of this section.
Nothing in section 109 precludes any person from taking part in the consideration of, or voting on—
(a) any question as to whether the amount payable for goods or services previously supplied or provided under any contract should be paid from any fund of the water corporation or from any other money belonging to the water corporation; or
(b) any question as to whether an application should be made to the Minister for the exercise of the powers conferred by section 109(9).
(1) A member of the board of directors of a water corporation who is found guilty of an offence against section 109 or any corresponding previous enactment is not capable of being or continuing to be a member of a board of directors of a water corporation for 7 years after that finding of guilt, unless—
(a) on application by the person found guilty, the court by which he or she is found guilty; or
(b) a court hearing an appeal under sub-section (2)—
thinks it is appropriate in the circumstances to reduce or waive the period of disqualification.
(2) A person may, within 6 months after a decision on an application under sub-section (1)(a), appeal from that decision—
(a) if the person was found guilty by the Magistrates' Court—to the County Court; and
(b) in any other case—to the Supreme Court.
(3) An appeal is by way of re-hearing of the application, and the court may do anything that it would be entitled to do if the appeal were an appeal against the sentence imposed on the finding of guilt giving rise to the disqualification.
(1) A person who becomes a member of a board of directors of a water corporation must within 30 days after becoming a member submit a primary return in the prescribed form to the managing director of the water corporation.
Penalty: 20 penalty units.
(2) If a person is re-appointed on completion of his or her term of office as a member of the board of directors of a water corporation, the member need not submit a new primary return.
(3) If the board of directors of a water corporation has resolved that nominated officers must submit returns—
(a) each nominated officer must within 30 days after the resolution; and
(b) any person who becomes a nominated officer after the resolution must within 30 days after his or her nomination as a nominated officer—
submit a primary return in the prescribed form to the managing director of the water corporation.
Penalty: 20 penalty units.
(4) A member of the board of directors of a water corporation or a nominated officer of a water corporation must, on or before 31 July each year, submit an ordinary return in the prescribed form to the managing director of the water corporation.
Penalty: 20 penalty units.
(1) Each member of the board of directors of a water corporation and each nominated officer of a water corporation must disclose the following information in the primary return as at the date of the primary return—
(a) the name of any company or other body, corporate or unincorporate, in which he or she held an office whether as a director or otherwise;
(b) the information referred to in paragraphs (b), (c), (d) and (f) of sub-section (2).
Penalty: 20 penalty units.
(2) Each member of the board of directors of a water corporation and each nominated officer must disclose in an ordinary return the following information in relation to the return period—
(a) if he or she has held an office, whether as director or otherwise, in any company or body, corporate or unincorporate—the name of the company or body;
(b) the name or description of any company, partnership, association or other body in which he or she holds a beneficial interest which exceeds $2000 in value;
(c) the address or description of any land in any district of the water corporation or in a district which adjoins a district of the water corporation in which he or she has any beneficial interest other than by way of security for any debt;
(d) a concise description of any trust—
(i) in which he or she holds a beneficial interest; or
(ii) of which he or she is a trustee and in which a relative holds a beneficial interest;
(e) particulars of any gift of $2000 or more in value received by him or her from a person other than a relative; and
(f) any other substantial interest, whether of a pecuniary nature or not, of the person, or of a relative of which interest the person is aware and which the person ought reasonably to consider might appear to raise a material conflict between his or her private interest and his or her public duty as a member or nominated officer.
Penalty: 20 penalty units.
(3) If a member of the board of directors of a water corporation or a nominated officer has already submitted one or more ordinary returns he or she must disclose in any subsequent ordinary return any change in the information disclosed in the last return and any additional information of the kind set out in sub-section (2)(a) to (f) required to be disclosed, but he or she is not required to disclose any information already disclosed in a previous return.
Penalty: 20 penalty units.
(4) In this section "relative" of a member of the board of directors of a water corporation or nominated officer includes a domestic partner, or relative of a domestic partner, of the member or nominated officer.
(1) A water corporation must—
(a) maintain a register of the interests of members of the board of directors and, where required, nominated officers; and
(b) enter in the register all the information given in the returns.
(2) A water corporation must allow a person to inspect the register if that person applies, in writing and in accordance with the regulations, to the water corporation to do so.
(3) The register may be inspected at the principal office of the water corporation during normal office hours.
(4) A water corporation must take all reasonable steps to make sure that a person who has not applied does not have access to, and is not permitted to inspect, the register or any return.
(5) A person must not publish any information derived from the register unless that information is a fair and accurate summary or copy of the information derived from the register.
Penalty: 20 penalty units.
(6) A person employed by a water corporation must not, whether before or after he or she ceases to be so employed, make a record of, divulge or communicate to any person any information in relation to a matter dealt with by this section that is gained by or conveyed to him or her during his or her employment with the water corporation, or make use of that information for any purpose other than the discharge of his or her official duties under this Act.
Penalty: 20 penalty units.
(7) A water corporation must—
(a) retain the returns of a member of the board of directors or a nominated officer for 3 years after the person has ceased to be a member or a nominated officer; and
(b) at the end of that period, destroy the returns.
(8) As soon as practicable after a person ceases to be a member of the board of directors of a water corporation or a nominated officer, the water corporation must delete the entries relating to that person from the register.
The board of directors of a water corporation may by resolution allow members of the board to enter into contracts of insurance in respect of activities undertaken by directors as members of the board of directors.
(1) A water corporation may, subject to sub-section (2), pay remuneration and allowances to its members of the board of directors.
(2) The amounts of any remuneration and allowances paid by a water corporation must not exceed the amounts fixed by the Minister and, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, in respect of that water corporation.
(3) The amounts fixed by the Minister under this section may vary between water corporations.
(4) This section does not apply to the remuneration and allowances paid to the Managing Director of a water corporation.
Despite anything in this or any other Act, the members of the board of directors of a water corporation are, if the board so resolves, entitled to be reimbursed out of the water corporation's funds for their reasonable expenses incurred whilst carrying out functions and exercising powers under this Act.
Example
Reasonable expenses incurred when travelling to and from meetings, undertaking training or making site visits.
(1) A water corporation may employ, on terms and conditions determined by the water corporation, such officers and employees as it considers necessary for the carrying out of its functions.
(2) An officer of a water corporation must not, without permission from the water corporation—
(a) engage in any business; or
(b) engage in the private practice of any profession or trade; or
(c) hold any office in any corporation, other than a municipal council; or
(d) engage in any employment other than that connected with the duties of office.
(3) An officer who has been employed by a water corporation for 10 years is entitled in accordance with the regulations to be granted by the water corporation 3 months' long service leave with pay in respect of that 10 years' service and 1½ months' long service leave with pay in respect of each additional 5 years of completed service.
(4) The Governor in Council may, in accordance with section 324, make regulations for or with respect to long service leave, including but not limited to the following—
(a) entitlements on retirement, death or termination of service;
(b) when long service leave may be taken;
(c) prohibiting an officer on long service leave from taking other employment for hire or reward;
(d) the nature of the service, and the computation of the period of the service, that entitles an officer to long service leave;
(e) the method of computing pay for long service leave;
(f) requiring water corporations to establish funds for the purpose of making payments in relation to long service leave;
(g) regulating the transfer of amounts from those funds;
(h) regulating agreements between water corporations;
(i) requiring the exchange of information between water corporations;
(j) regulating agreements between water corporations and other persons.
(5) Any person who, in accordance with the regulations, enters into an agreement about long service leave with a water corporation is empowered to enter into that agreement and may do anything necessary or convenient for giving effect to the agreement.
(1) The board of directors of a water corporation must hold at least one ordinary meeting every 3 months.
(2) Subject to this Act, the board of directors of a water corporation may regulate its own procedure.
(3) The chairperson or, in his or her absence, the deputy chairperson or, in the absence of both the chairperson and deputy chairperson, a member of the board of directors of a water corporation elected by the members present at the meeting, must preside at a meeting of the board.
(4) The quorum for a meeting of the board of directors of a water corporation is a majority of the members for the time being.
(5) A question arising at a meeting of the board of directors of a water corporation is determined by a majority of the votes of the members present and voting on the question.
(6) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote.
(7) The board of directors of a water corporation must ensure that minutes are kept of each meeting of the board.
(8) The board of directors of a water corporation must record in the minutes—
(a) the names of the members present; and
(b) the names of the members voting on any question in relation to which a division is called.
(9) The board of directors of a water corporation may permit its members to participate in a particular meeting by—
(a) telephone; or
(b) closed-circuit television; or
(c) any other means of electronic or instantaneous communication.
(10) A member of the board of directors of a water corporation who participates in a meeting under sub-section (9) is deemed to be present at the meeting.
An act or decision of the board of directors of a water corporation is not invalid merely because of—
(a) a defect or irregularity in, or in connection with, the appointment of a member of the board of directors; or
(b) a vacancy in the membership of the board of directors, including a vacancy arising from the failure to appoint a member of the board of directors.
(1) The chairperson of the board of directors of a water corporation may at any time (and must, if requested by 2 members) call a special meeting of the board.
(2) Subject to sub-section (3), a special meeting must not be held unless at least 2 days' notice has been given to each member of the board of directors of a water corporation.
(3) If all members of the board of directors of a water corporation consent in writing, a special meeting may be held with less than 2 days' notice being provided to each member.
(4) Notice of a special meeting must—
(a) be in writing; and
(b) be served on each member of the board of directors, by post or in person; and
(c) specify the time and place of the meeting and the reason for it.
(5) A special meeting must deal only with business stated in the notice.
(1) If all of the members of the board of directors of a water corporation for the time being see a document setting out a resolution and a majority of those members sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is deemed to have been passed at a meeting of the board held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member to sign signs the document.
(2) If a resolution is deemed under sub-section (1) to have been passed at a meeting of the board of directors of a water corporation, each member of the board must be advised as soon as practicable and given a copy of the terms of the resolution.
(3) For the purposes of sub-section (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members of the board of directors of a water corporation, are deemed to constitute one document.
A water corporation may, by instrument under its official seal, delegate to—
(a) a member of the board of directors of the water corporation or any other officer of the water corporation, by name or to the holder of the office; or
(b) to any committee established by the water corporation under this Act, the members of which are members of the board of directors or officers of the water corporation; or
(c) with the consent of the Minister, to any other person or body, including any committee established by the water corporation under this Act, the members of which are not members of the board of directors or officers of the water corporation—
any function, power or duty of the water corporation other than—
(d) this power of delegation; or
(e) the power to make by-laws; or
(f) any other power that is prescribed for the purposes of this section.
(1) The board of directors of a water corporation—
(a) may establish a committee to advise the water corporation on any matter referred by the board of directors; and
(b) may establish a committee to exercise any power or perform any function, authority or discretion delegated to it by the board of directors.
(2) The following provisions apply to committees—
(a) the board of directors may at any time remove from office a member of a committee and must provide in writing to the member the reasons for the removal;
(b) a committee may act despite any vacancy in its membership;
(c) subject to this Act and any rules made under paragraph (d), a committee may regulate its own proceedings;
(d) the board of directors of a water corporation may, by resolution, make rules, with which committees must comply, about—
(i) their quorums; and
(ii) voting powers of their members; and
(iii) their proceedings;
(e) the Minister by notice published in the Government Gazette may declare that a committee is a corporation, and may dissolve a corporation of that sort in the same way;
(f) a water corporation must obtain the Minister's consent before it delegates any of its powers, functions, authorities or discretions to a committee of which any members are not members or officers of the water corporation;
(g) the Minister may specify rules of procedure for the exercise of a delegated power by a committee referred to in paragraph (f) and any purported exercise of that delegated power by such a committee otherwise than in accordance with those rules is void.
(3) A water corporation that has an irrigation district may, in accordance with section 160, make by-laws about the constitution, functions and duties of a committee established in relation to an irrigation district or part of an irrigation district.
(4) By-laws made under sub-section (3) prevail, to the extent of any inconsistency, over the provisions of sub-section (2).
(5) A member of a committee is entitled to be paid any fees and allowances fixed by the Minister.
(6) A committee established by the board of directors of a water corporation is subject to the requirements of Part 13 about annual reports and audits as if it were a part of the water corporation.
(1) If the Minister declares a committee to be a corporation under section 122C(2)(e), then on the publication of the notice in the Government Gazette—
(a) the committee specified in the notice is a body corporate by the name assigned to it in the notice, with perpetual succession and a common seal, and is by that name capable in law of suing and being sued and, subject to this Act, of holding, acquiring and disposing of personal property; and
(b) the powers, functions, discretions and authorities of that committee, whether conferred or imposed by this Act or otherwise, must be taken to be conferred or imposed on the corporation alone; and
(c) the duties, liabilities, responsibilities and obligations imposed on that committee are transferred to the corporation; and
(d) the corporation becomes the successor in law of that committee.
(2) The common seal of a corporation constituted under section 122C(2)(e) must be kept in the custody that the corporation directs, and must not be used except as authorised by the corporation.
(3) All courts must take judicial notice of the common seal of a corporation constituted under section 122C(2)(e) affixed to any document and, until the contrary is proved, must presume that it was duly affixed.
(4) If the Minister declares a corporation to be dissolved under section 122C(2)(e), then on the publication of the notice in the Government Gazette—
(a) the members who constituted the corporation specified in the notice constitute the committee; and
(b) the powers, functions, discretions and authorities of the corporation specified in the notice must be taken to be conferred or imposed on that committee; and
(c) the duties, liabilities, responsibilities and obligations imposed on the corporation specified in the notice are transferred to that committee; and
(d) that committee becomes the successor in law of the corporation specified in the notice.
(5) A committee declared to be a corporation under section 122C(2)(e)—
(a) consists of the members who constituted the committee immediately before the publication in the Government Gazette of the notice declaring the committee to be a corporation; and
(b) is subject to all the provisions of this Act and the regulations relating to committees.
The Governor in Council may make regulations for or with respect to—
(a) the qualifications required to be held by any person who holds a specific office or position in a water corporation; and
(b) the accreditation of any person who holds a specific office or position in a water corporation; and
(c) the establishment, membership and procedure of a body which may issue accreditations and hold any examinations and tests it considers necessary for that purpose; and
(d) prescribing fees to be paid for the issue or renewal of certificates of accreditation.
(1) In addition to any other functions conferred on the Central Gippsland Region Water Corporation, the Corporation has the function of receiving waste from any person, whether inside or outside the sewerage districts managed and controlled by the Corporation, for treatment or disposal by the Corporation.
(2) In this section—
"waste" includes—
(a) trade waste or any sewage, whether that waste or sewage is untreated, treated or partially treated; and
(b) any matter that is offensive or injurious to human life or health; and
(c) any ash, coal-dust or matter that may discolour or impart discolouration to water; and
(d) any other matter that the Corporation by by-law declares to be waste.
(1) Each Authority specified in an item in Column 1 of the Table in Schedule 1 (other than item 12) is deemed to have the irrigation district or districts, the water district or districts, the sewerage district or districts and the waterway management district or districts that the pre-dating Authority had immediately before the commencement of section 54 of the Water (Governance) Act 2006 .
(2) Each Catchment Management Authority that is deemed, by section 98(1) of the Catchment and Land Protection Act 1994 , to continue in existence as if it were established under Division 3 of Part 2 of that Act, is deemed to have the waterway management district that the Catchment Management Authority had immediately before the commencement of section 151 of the Water (Governance) Act 2006 .
(3) In this section "pre-dating Authority" has the same meaning as in Schedule 16.
(1) The waterway management district of Melbourne Water Corporation is the land shown delineated in red on the plan lodged in the central plan office and numbered LEGL./05-406.
(2) The Minister may, by determination, published in the Government Gazette—
(a) add to the area of land that comprises the waterway management district of Melbourne Water Corporation; or
(b) diminish the area of land that comprises the waterway management district of Melbourne Water Corporation.
(3) A determination under sub-section (2) takes effect from the date specified in the determination, which must be no earlier than the date of publication of the determination.
(1) In this section—
"previous body" means—
(a) an Authority whose waterway management district has been diminished by determination under section 122H; or
(b) any other body whose area of jurisdiction has been diminished by determination under section 122H;
"new body" means—
(a) an Authority whose waterway management district has been increased by a determination under section 122H; or
(b) any other body whose area of jurisdiction has been increased by a determination under section 122H.
(2) On the making of a determination under section 122H—
(a) any rights, property and assets that are specified in the determination are deemed to be vested in the new body; and
(b) any debts, liabilities and obligations of the previous body arising out of any vesting under paragraph (a) are deemed to be the debts, liabilities and obligations of the new body; and
(c) the new body is substituted as a party to any arrangement or contract entered into by or on behalf of the previous body arising out of any vesting under paragraph (a).
(3) Where any right, property or asset is vested in a new body under this section, the new body is liable to pay the previous body in whom the right, property or asset was vested the amount that is agreed on by the new body and the previous body, or if there is no agreement, the amount determined by the Governor in Council.
(4) The amount referred to in sub-section (3), whether agreed on by the new body and the previous body or determined by the Governor in Council, must be an amount that is agreed or determined by taking any debts, liabilities and obligations that were vested in the previous body into account.
(1) The Minister may, on application by an Authority, declare a new irrigation district and declare that the new irrigation district is an irrigation district of the Authority that made the application.
(2) A declaration under sub-section (1) must be published in the Government Gazette.
(1) The Minister may declare a new waterway management district and specify, in the declaration, the Authority for the new waterway management district.
(2) A declaration under sub-section (1) must be published in the Government Gazette.
This Division (other than sections 122U, 122V and 122W) does not apply to any extension or diminution o f the waterway management district of Melbourne Water Corporation.
An Authority may, submit to the Minister a proposal—
(a) to establish a new water district or sewerage district; or
(b) to extend an existing water district, sewerage district, waterway management district or irrigation district.
(1) An Authority must not submit a proposal for—
(a) a new water district or sewerage district; or
(b) an extended water district, sewerage district, waterway management district or irrigation district—
if the whole or any part of the area to be covered by the proposal is within the area of interest of another Authority.
(2) An Authority must not submit a proposal for—
(a) a new or extended sewerage district unless the area to be covered by the district is within the Authority's water district; and
(b) an extended waterway management district, unless the area to be covered by the district is within the catchment for the Authority's water district—
unless the Minister, in writing exempts the Authority's proposal from the operation of this sub-section.
(1) A proposal under section 122M must be in the form required by guidelines issued by the Minister.
(2) The Minister may exempt a water corporation which submits a proposal for the extension of a district from complying with sub-section (1).
(1) An Authority that has submitted a proposal under section 122M to the Minister must—
(a) give notice of the proposal to—
(i) all councils that are affected by the proposal; and
(ii) any person whom the Authority reasonably believes may be affected by the proposal and any person to whom the Minister has directed the Authority to so give notice; and
(b) make the proposal available for inspection free of charge at its office during its office hours; and
(c) publish a notice of the proposal—
(i) at least once every week for 3 consecutive weeks in a newspaper circulating generally in the area to which the proposal relates; and
(ii) in the Government Gazette, after all other notices under this sub-section have been given or published.
(2) A notice under sub-section (1) must state that—
(a) the Authority invites submissions on the proposal to be made to it; and
(b) any submission made to the Authority should set out the grounds on which it is made; and
(c) the time within which any submission on the proposal must be received by the Authority.
(3) The Minister may exempt an Authority which submits a proposal to extend a district from the requirement to comply with sub-section (1) (other than sub-section (1)(c)(ii)) or with sub-section (2).
(1) An Authority that has submitted a proposal under section 122M to the Minister must invite submissions to the proposal in a notice under section 122P.
(2) Any person who is affected by the proposal of an Authority submitted under section 122M may make a written submission on the proposal to the Authority.
(3) A submission under sub-section (2) must be received by the Authority within one month of publication in the Government Gazette of notice of the proposal under section 122P.
(1) An Authority that has submitted a proposal to the Minister under section 122M may finally determine whether to—
(a) proceed with the proposal as submitted to the Minister; or
(b) vary the proposal as a result of submissions received on the proposal; or
(c) not proceed with the proposal.
(2) The Authority must not make a determination under sub-section (1) unless the Authority has considered all submissions received by the Authority within the time for making submissions under section 122Q.
(3) On making a determination under sub-section (1), the Authority must notify the Minister of the determination and send to the Minister copies of all submissions that the Authority received within the required time.
On receiving notice of the Authority's decision on a proposal it has submitted under section 122M, the Minister may—
(a) approve the proposal, with or without changes; or
(b) refuse the proposal.
The Minister, on approving a proposal under section 122S must give effect to the substance of the proposal by declaring, by notice published in the Government Gazette, the new or extended district that was the substance of the proposal.
The Minister may, at the request of an Authority, by instrument published in the Government Gazette declare an area of land outside a water, sewerage or waterway management district to be an area of interest for that Authority in relation to a water district, sewerage district or waterway management district of that Authority.
The Minister must not make a declaration under section 122U unless—
(a) the Authority requesting the declaration—
(i) has given notice of the proposed declaration at least 30 days before its making to any public statutory body which the Authority considers may be affected by it; and
(ii) has published notice of the proposed declaration in a newspaper circulating generally in the area to be affected by the declaration; and
(b) the Minister is satisfied that all public statutory bodies which may be affected by the proposed declaration have been adequately consulted about it.
(1) If an area of interest is declared under section 122U in respect of a water district, sewerage district or waterway management district of an Authority, the Authority may—
(a) in the case of a water district, carry out any water supply functions (other than irrigation functions) or exercise any water supply powers (other than irrigation powers) in relation to that area of interest; and
(b) in the case of a sewerage district, carry out any sewerage functions or exercise any sewerage powers in relation to that area of interest; or
(c) in the case of a waterway management district, carry out any waterway management functions or exercise any waterway management powers in relation to that area of interest.
(2) If an area of interest in relation to a particular function has been granted to an Authority, another Authority may not be appointed under this Division to manage and control a district related to that function that is wholly or partly within that area of interest.
(3) An area of interest of an Authority must be taken to be part of the Authority's district for the purposes of any referral under the Planning and Environment Act 1987 .
This Division does not apply to any extension or diminution of the waterway management district of Melbourne Water Corporation.
(1) An Authority may, by resolution published in the Government Gazette—
(a) unite any 2 or more—
(i) water districts; or
(ii) sewerage districts; or
(iii) waterway management districts; or
(iv) irrigation districts—
that are under the management and control of the Authority; or
(b) diminish the extent of a water district, sewerage district, waterway management district or irrigation district of the Authority; or
(c) abolish any water district, sewerage district, waterway management district or irrigation district of the Authority that is no longer operating; or
(d) divide a water district, sewerage district, waterway management district or irrigation district of the Authority into 2 or more districts.
(2) An Authority must not make a resolution referred to in sub-section (1) unless it has, once a week for 3 consecutive weeks before the resolution is made, published notice of the proposed resolution in a newspaper circulating generally in the area to be affected by the resolution.
(1) The Minister may, by determination—
(a) unite any 2 or more—
(i) water districts; or
(ii) sewerage districts; or
(iii) waterway management districts; or
(iv) irrigation districts—
of the same Authority; or
(b) diminish the extent of a water district, sewerage district, waterway management district or irrigation district of an Authority; or
(c) on the request of an Authority, abolish a water district, sewerage district or irrigation district of the Authority; or
(d) abolish a waterway management district; or
(e) divide a water district, sewerage district, waterway management district or irrigation district of an Authority into 2 or more districts.
(2) On making a determination under sub-section (1), the Minister may make any determination that the Minister considers desirable as to—
(a) providing for any adjustment to areas affected by the determination under sub-section (1); and
(b) any other matter as a result of the determination under sub-section (1).
(3) The Minister must publish notice of any determination under this section in the Government Gazette.
(1) The Minister may determine land—
(a) which is owned or controlled by an Authority; or
(b) which is within the water district, sewerage district, waterway management district or irrigation district of an Authority, or which is significant to the exercise of a function of an Authority and which is owned or controlled by another public statutory body or which is Crown land—
to be an environmental area or a recreational area under the management and control of the Authority specified by the Minister and for the period specified by the Minister in the determination.
(2) The Minister must not make a determination under sub-section (1)(b) unless the Minister has first obtained the consent of the public statutory body or the Minister responsible for the management of the land (as the case requires) to the making of that determination.
(1) An Authority that has the management and control of any environmental or recreational area has the following functions—
(a) in accordance with the directions of the Minister, to prepare a management strategy as to recreational uses for the area;
(b) to improve the area;
(c) to provide and arrange services and facilities in the area;
(d) to control land use in the area.
(2) Subject to any determination under section 122ZA establishing an area, an Authority is under no duty to exercise its functions under sub-section (1).
Despite anything in any other Act, if an environmental area or a recreational area is determined under section 122ZA, any public statutory body may make contributions out of any money legally available to that body, for or towards the cost of improving the area or providing or maintaining services in it.
Any revenue collected in relation to any environmental or recreational area forms part of the fund of the Authority that has the management and control of the area.
(1) An Authority must not exercise its functions or powers under this Division in a manner which is inconsistent with any provision of an Order granting a declared bulk water entitlement and any purported exercise of a function or power in such a manner is, to the extent to which it is so inconsistent, of no effect.
(2) In sub-section (1)—
"declared bulk water entitlement" means a bulk water entitlement in respect of which a declaration under section 185(3) has been made.
The Governor in Council may make regulations for or with respect to—
(a) the granting of leases or licences for areas determined under this Division, and in particular as to the following matters—
(i) the Authority that may grant any such lease or licence, which must be the Authority that has the management and control of the area and that has a proprietary interest in the area;
(ii) the purposes for which any such lease or licence may be granted, which must be for activities carried on in, or things introduced into, the area; and
(b) the charging of fees for leases or licences over areas determined under this Division; and
(c) the powers of the Authority in
relation to the removal of any unregistered or abandoned motor vehicle from an
area determined under this Division and its subsequent sale, including
provisions about—
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(i) notice of removal; and
(ii) surrender of the motor vehicle to its owner or an agent of the owner; and
(iii) sale of the motor vehicle; and
(iv) the circumstances in which clear title to the motor vehicle passes on sale; and
(v) disposal of the proceeds of sale; and
(vi) protection of the Authority from liability in relation to payments of the proceeds of sale; and
(vii) any other necessary or convenient matter.
(1) A water corporation must, on or before a date determined by the Minister administering the Essential Services Commission Act 2001 , enter into a customer dispute resolution scheme approved by the Essential Services Commission established under the Essential Services Commission Act 2001 .
(2) A dispute resolution scheme provided for in accordance with this section is in addition to and not in derogation of any right of review a person may have under this Act.
(3) In approving a dispute resolution scheme the Essential Services Commission must have regard to—
(a) the need to ensure that the scheme is accessible to, and that there are no cost barriers to persons using the scheme; and
(b) the need to ensure that the scheme is independent of the members of the scheme; and
(c) the need for the scheme to be fair and be seen to be fair; and
(d) the need to ensure that the scheme will publish decisions and information about complaints received by the scheme so as to be accountable to the members of the scheme and the persons using the scheme; and
(e) the need for the scheme to undertake regular reviews of its performance to ensure that its operation is efficient and effective.
(4) This section only applies to a water corporation that has a water district, a sewerage district or an irrigation district.
Each water corporation must pay to the State such dividend, at such time and in such manner, as is determined by the Treasurer after consultation with the board of directors of the water corporation and the Minister.
(1) The capital of a water corporation is repayable to the State at such times, and in such amounts, as the Treasurer directs in writing, after consultation with the Minister and the board of directors of the water corporation.
(2) In giving a direction under this section, the Treasurer must have regard to any advice that the board of directors has given to the Treasurer in relation to the water corporation's affairs.
(1) A water corporation, in its annual report for a financial year under Part 7 of the Financial Management Act 1994 , must include the following information—
(a) in relation to each person, who is not a natural person, who uses water supplied by the water corporation for purposes that are not farming, irrigation or domestic purposes, at a volume that is within a specified range—
(i) the name of the person; and
(ii) the information (if any) as to the person's participation in any water conservation program; and
(b) in relation to each specified range, the number of persons to whom paragraph (a) applies who are within the range.
(2) For the purposes of this section the Minister may specify one or more range or ranges of volumes.
(3) In this section "specified range" means a range of volumes specified by the Minister under sub-section (2).
(1) The Minister may, by instrument, appoint an Authority to carry out any of the functions under this Part in relation to any water storage or land specified in the instrument.
(2) In an instrument under sub-section (1) the Minister—
(a) must describe the land, including any water storage, in respect of which the storage manager is to exercise functions under this Part; and
(b) may specify terms and conditions to which the appointment is subject; and
(c) must specify the term of the appointment.
(3) Before making an appointment of an Authority under sub-section (1), the Minister must consult with—
(a) any other Authority that is exercising any function to which the appointment would apply on the land to be specified in the instrument of appointment; and
(b) any other Authority that owns any land that is to be specified in the instrument of appointment or works on that land.
(1) The functions of a storage manager appointed under this Part in respect of the land to which the appointment relates are—
(a) to control and manage any water storage on the land specified in the instrument of appointment and any water or works on the land so specified, in a manner that is consistent with this Act and that will maintain the water quality of any water storage on the land;
(b) to carry out any other functions that are conferred on the storage manager by or under this Act or any instrument made under this Act.
(2) An Authority, in performing its functions under sub-section (1) must have regard to—
(a) protecting the ecological values of the water systems relating to the land specified in the instrument of appointment; and
(b) protecting the reliability and quality of water supply; and
(c) subject to water supply needs, minimizing the impact on the environment of the carrying out of any such function and maximizing the benefit to the environment of the carrying out of any such function; and
(d) developing and implementing strategies to mitigate flooding, where possible.
(1) If an Authority that has been appointed as the storage manager of any land under this Part, does not hold a proprietary interest in the whole or part of the land described in the instrument appointing the storage manager, the Authority must enter into an agreement with the owner of the land as to the management of the land.
(2) An agreement under sub-section (1)—
(a) must be in writing; and
(b) must be consistent with this Act; and
(c) may be amended from time to time by further written agreement between the parties.
(3) An agreement under sub-section (1) must set out procedures to be followed to prevent or settle disputes concerning the management of the land specified in the instrument of appointment of the Authority that arise between the parties during the currency of the agreement, including the submission of any unresolved disputes to the Minister for a decision that is binding on the parties.
A storage manager appointed under this Part may charge a fee for a service provided by the storage manager to another Authority in carrying out its functions under this Act.".