Victorian Numbered Acts

WATER AMENDMENT (GOVERNANCE AND OTHER REFORMS) ACT 2012 (NO. 17 OF 2012) - SECT 15

After the heading to Part 6A of the Water Act 1989 insert —

" Division 1AA—Determination of water or sewerage districts for water corporations

        122GAA     Ministerial determination of water or sewerage districts

    (1)     The Minister may determine a water district or sewerage district for a water corporation.

    (2)     A water district or sewerage district specified in a determination of the Minister under subsection (1) must be specified by reference to a plan or plans lodged at the central plan office.

    (3)     A determination of the Minister under subsection (1) must be published in the Government Gazette.

    (4)     A determination takes effect from the date specified in the determination which must be no earlier than the date of publication of the determination.

    (5)     Despite any other provision of this Act, on the taking of effect of a determination under subsection (1) of a water district, any other water district that the corporation had immediately before the taking of effect of the determination, that is not specified in the determination, is taken to be replaced by the water district determined by the Minister.

    (6)     Despite any other provision of this Act, on the taking of effect of a determination under subsection (1) of a sewerage district, any other sewerage district that the corporation had immediately before the taking of effect of the determination, that is not specified in the determination, is taken to be replaced by the sewerage district determined by the Minister.

        122GAB     Variation or abolition of district

    (1)     The Minister may, by determination, vary or abolish a water district or sewerage district that the Minister has determined under section 122GAA, or that is otherwise in existence by the operation of this Part.

    (2)     A determination of the Minister under subsection (1) must be published in the Government Gazette.

    (3)     A determination takes effect from the date specified in the determination which must be no earlier than the date of publication of the determination.

    (4)     Despite any other provision of this Act, on the taking of effect of a determination under subsection (1)—

        (a)     of a variation of a water district, the water district that the corporation had immediately before the taking of effect of the determination is varied as determined by the Minister; or

        (b)     of the abolition of a water district, that water district is abolished.

    (5)     Despite any other provision of this Act, on the taking of effect of a determination under subsection (1)—

        (a)     of a variation of a sewerage district, the sewerage district that the corporation had immediately before the taking of effect of the determination is varied as determined by the Minister; or

        (b)     of the abolition of a sewerage district, that sewerage district is abolished.

        122GAC     Procedural requirements before making determination

Before making a determination under this Division the Minister—

        (a)     must consult with the water corporation whose district is to be determined, varied or abolished; and

        (b)     must consult with any water corporation whose district is or may be affected by the proposed determination; and

        (c)     may consult with any other person, as the Minister considers fit.

        122GAD     Considerations in making determination

In making a determination under this Division, the Minister must have regard to—

        (a)     any submission received in the course of any consultation under section 122GAC; and

        (b)     the public interest.".