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WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2021 (NO. 48 OF 2021)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Principal Act
PART 2--DEFINITIONS, THE WATER REGISTER AND RELATED AMENDMENTS
Division 1--Definitions for Part 2
4. Definitions for Part 2
Division 2--Definitions for Part 3
5. Definitions for Part 3
6. New sections 6B and 6C inserted
Division 3--Serviced property definition
7. Serviced property definition
Division 4--The water register and related amendments
8. Limited term transfers of rights to future water allocations under water shares
9. Standing directions as to future water allocations under water shares
10. Ministerial approval of revocation of standing direction
11. Assignment of water allocation
12. Further assignment of water allocation
13. Offence to give transfer etc. without approval
14. Ministerial approval
15. Offence to take interstate water without approval of Minister
16. Approval of Minister to taking of interstate water
17. Effect of death of person who holds water allocation
18. Application for review of certain Ministerial decisions
19. Section 84A substituted
20. Purpose of water register
21. Section 84C substituted
22. Disclosure of information
23. Functions of Minister as to water register
24. What is recorded in the water register about water shares?
25. What is recorded in the water register about licences to take and use water?
26. New sections 84VB and 84VC inserted
27. What must an Authority record in the part of the water register for which it is responsible?
28. What must a Rural Water Authority record in the part of the water register for which it is responsible?
29. Section 84WB repealed
30. Section 84X substituted
31. Suppression of certain personal records and information
PART 3--PLACES, RATES AND TIMES OF TAKING WATER
Division 1--New Part 4AA inserted
32. New Part 4AA inserted
33. Heading substituted
34. Section 9 substituted
35. Repeal of certain provisions related to water shares
36. Limited term transfers of rights to future water allocations under water shares
37. Standing assignments of future allocations under water shares
38. Assignment of water allocation
39. Further assignment of water allocation
40. Section 33AH repealed
41. Section 33AI repealed
42. Division 10 of Part 3A repealed
Division 10--of Part 3A of the Principal Act is repealed.
43. Effect of death of person who holds a water allocation
44. Application for Tribunal to review certain decisions of the Minister as to water shares
45. Rule making powers for water shares
46. Definition and disallowance
47. Section 34B repealed
48. Assignment of water allocation
49. Further assignment of water allocation
50. Offence to give an assignment without Ministerial approval
51. New section 46CA inserted
52. Section 48BA substituted
53. Assignment of water allocation
54. Further assignment of water allocation
55. New section 48OAA inserted
56. Conditions of licence
57. Section 64K repealed
58. Application of this Part
59. Definitions and application
60. Authority to fix terms and conditions for the service of delivering water
PART 4--FURTHER AMENDMENT OF THE WATER ACT 1989
Division 1--New Division 3 of Part 4 inserted
61. New Division 3 of Part 4 inserted
Division 2--Renaming of City West Water Corporation
62. Schedule 1—Water Corporations and Former Water Authorities
63. Schedule 1A—Metropolitan water corporations—old licensees under the Water Industry Act 1994
Division 3--Amendments consequent on the change of catchment manager for Port Phillip and Westernport Region
64. Definition of board of directors
65. Appointment of administrator
66. Section 124A repealed
67. Corporate plans
68. Limits on power of certain Authorities to set tariffs
Division 4--Miscellaneous amendment of the Water Act 1989
69. Certain provisions to bind Crown
70. Powers of Minister in relation to assessment program
71. Offence to interfere etc. with State observation bore
72. Offences for taking water without a water share
73. Compliance with terms of bulk entitlement
74. Offence to breach licence conditions
75. Offences for taking or using water from a non-declared water system
76. Offence to use water for certain purposes on land without licence
77. Offence to fail to comply with licence condition
78. Offence to breach licence conditions under section 71
79. Offences
80. Offences as to obstruction of waterways etc.
81. Offences as to disposal of matter underground
82. Offence not to comply with section 78 direction
83. Offence not to comply with section 79 direction
84. Offence not to comply with section 80 direction
85. New section 81A inserted
86. Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock
87. Notification of Authorities before railway operations carried out
88. Control over connections
89. Offences as to connections and discharges without consent
90. Structures over works
91. Notice of contravention
92. Offence not to comply with notice of contravention
93. Notice of contravention for water supply protection
94. Protection of sewers
95. Works that interfere with designated land or works
96. Control over connections and discharges
97. Control of works and structures
98. Offences as to Authority's property
99. Wrongful taking etc. of water
100. Offence to interfere with flow of water
101. Uncovering or exposing works
102. Indictable offences
103. Section 297 substituted
104. Section 297 amended
105. Section 297A amended
106. Power of Minister to exempt
107. Powers of the Minister in enforcing certain Parts of this Act
PART 5--TRANSITIONAL PROVISIONS FOR AMENDMENT OF WATER ACT 1989
108. New Part 17 inserted
PART 6--AMENDMENT OF CATCHMENT AND LAND PROTECTION ACT 1994
Division 1--Abolition of the Victorian Catchment Management Council
109. Definitions
110. Objectives of Act
111. Divisions 1 and 1A of Part 2 are repealed
--Divisions 1 and 1A of Part 2 of the Catchment and Land Protection Act 1994 are repealed.
112. Functions, powers and duties of Authorities
113. New Division 4A of Part 2 inserted
114. Guidelines
115. Action before recommendation
116. Regulations
117. Schedule 2—Regional catchment strategies and special area plans
Division 2--Change of catchment manager for Port Phillip and Westernport Region
118. Definitions
119. Establishment of Authorities
120. New section 11A inserted
121. Obligations of Catchment Management Authorities in relation to declared areas
122. Section 12A repealed
123. Section 12B repealed
124. Appointment of administrator
125. Application of Public Administration Act 2004
126. New section 15AA inserted
127. Power of the Minister to give directions
128. Corporate plans
129. Statement of corporate intent: contents
130. Power of delegation
131. Chief Executive Officer
132. Delegation powers of Chief Executive Officer
133. Section 27A repealed
134. Regulations
135. New Division 1 of Part 11 heading inserted
136. New Division 2 inserted in Part 11
Division 3--Miscellaneous amendment of Catchment and Land Protection Act 1994
137. Boards of Catchment Management Authorities
138. Section 19B substituted
PART 7--AMENDMENT OF OTHER ACTS
Division 1--Amendment of Confiscation Act 1997
139. Amendment of the Confiscation Act 1997
Division 2--Amendment of Water Industry Act 1994
140. Definitions
Division 3--Amendment of Flora and Fauna Guarantee Act 1988 consequent on the abolition of the Victorian Catchment Management Council
141. Definitions
142. Advice
143. The Committee's final recommendation
Division 4--Amendment of other Acts consequent on the change of the catchment manager of the Port Phillip and Westernport Region
144. Climate Change Act 2017
145. Conservation, Forests and Lands Act 1987
146. Flora and Fauna Guarantee Act 1988
147. Planning and Environment Act 1987
148. Yarra River Protection (Wilip-gin Birrarung murron) Act 2017
PART 8--REPEAL OF THIS ACT
149. Repeal of this Act
ENDNOTES
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