WATER ACT 1989
Table of Provisions
PART 1--PRELIMINARY
PART 2--RIGHTS AND LIABILITIES
Division 1--Rights
- 7 Continuation of the Crown's rights to water
- 8 Continuation of private rights to water
- 8A Traditional owner agreement for natural resources
- 9 Authority rights to water
- 10 Right to construct or operate works
- 11 Allocation of water right on subdivision
- 12 Authorisation may be conditional[6]
Division 2--Liabilities
- 14 Application
- 15 Civil liability for unauthorised taking or use of water or for unauthorised works[7]
- 16 Liability arising out of flow of water etc.[8]
- 17 Protection from liability[9]
- 18 Liability for damage caused by escape of water from private dam
- 19 Jurisdiction of Tribunal
- 20 Matters to be taken into account in determining whether flow is reasonable or not reasonable
- 21 Matters to be taken into account with respect to public works
PART 3--ASSESSMENT OF AND ACCOUNTING FOR WATER
Division 1--Role of Minister
Division 1A--Permissible consumptive volumes
Division 1B--Sustainable water strategies
- 22B Preparation of a Sustainable Water Strategy
- 22C Contents of a Sustainable Water Strategy
- 22D Consultative committee—Sustainable Water Strategy
- 22E Preparation of a draft Sustainable Water Strategy
- 22F Appointment of Panel
- 22G Consideration of draft Strategy by the Minister
- 22H Publication of Sustainable Water Strategy
- 22I Review of Sustainable Water Strategy
- 22J Report on Sustainable Water Strategies
Division 1C--Long-term water resources assessments
- 22K Commencement of long-term water resources assessments
- 22KA Transitional provision—uncompleted long‑term water resources assessment—Water and Catchment Legislation Amendment Act 2019
- 22L Contents of a long-term water resources assessment
- 22M Preparation of a draft long-term water resources assessment
- 22N Review by Environment Protection Authority
- 22O Consideration and publication of long-term water resources assessment
- 22P Review following long-term water resources assessment
- 22PA Time for completion of reviews etc. following long‑term water resources assessment
- 22Q Consultative committee for review
- 22R Review process
- 22S Reporting of panel
- 22T Consideration and publication of review
- 22U Annual report on long-term water resources assessment
- 22V Program of implementation of review
Division 2--Water resources assessment program
- 23 Powers of Minister in relation to assessment program[10]
- 24 Drilling for groundwater
- 25 Giving of information to Minister
- 26 Reports on assessment program
Division 3--Water supply protection areas
- 27 Declaration of water supply protection area
- 28 Amendment or abolition of water supply protection area
- 29 Consultative committee
- 30 Guidelines for preparation of draft management plans
- 31 Preparation of draft management plan
- 32 Overlapping management plans to be taken into account
- 32A Management plan
- 32B Administration and enforcement of management plan
- 32C Report on administration and enforcement of management plan
- 32D Public availability of report
- 32E Certain plans deemed to be approved management plans
- 32F Compensation in certain circumstances
- 32G Amendment or revocation of approved management plan
- 32H Plan must be available for inspection
Division 4--Minister's powers toqualify rights
- 33 Definitions
- 33AAA Temporary qualification of rights to water
- 33AAB Permanent qualification of rights to water
- 33AAC Procedures applying to qualifications
- 33AAD Conditions on certain qualifications
Division 5--State observation bores
PART 3AA--VICTORIAN ENVIRONMENTAL WATER HOLDER
Division 1--Establishment of the Water Holder
Division 2--Objectives, functions and powers of the Water Holder
Division 3--Governance of the Water Holder
Division 4--Accountability of the Water Holder
- 33DS Ministerial directions
- 33DT Reporting requirements
- 33DU Recording requirements
Division 5--Planning by the Water Holder
Division 6--Ministerial rules relating to Water Holder
PART 3A--WATER SHARES
Division 1--Offence as to taking of water
- 33E Offences for taking water without a water share[11]
- 33EA Evidentiary provisions for offences under section 33E
- 33EB Power to issue infringement notice in relation to offence under section 33E(3)
Division 2--Issuing and nature of water share
Division 3--Application for or sale of water shares
Division 4--Variation of water shares
Division 5--Dealings with water shares
Division 6--Surrender and cancellation of water shares
Division 7--Water allocations
Division 8--Intrastate and interstate agreements and approvals
Division 9--Fees for provision of services to owners of water shares
Division 12--Miscellaneous matters as to water shares
Division 13--Rule making powers of Minister
PART 4--ALLOCATION OF WATER
Division 1--Bulk entitlements
Division 1A--Environmental entitlements
Division 2--Licences
- 49 Advertisement etc. of application
- 50 Appointment of panel
- 51 Licence to take and use water
- 51AA Amendment of original registration licences and issue of new registration licences in certain circumstances
- 51AB Issue of new registration licences in certain circumstances
- 51A Surrender of registration licence
- 51B Application to go to certain bodies
- 51C Bodies must consider application
- 52A Criteria to determine maximum volume of water use for certain licence applications
- 53 Matters to be taken into account
- 54 Minister to defer application in certain circumstances
- 55 Determination of application
- 55A Offence to breach licence conditions[13]
- 56 Conditions of licence
- 57 Sale of licence by Minister
- 58 Renewal of licence
- 59 Amendment of licence issued under section 51(1), or a registration licence, on motion of Minister
- 59A Amendment of licence issued under section 51(1), or a registration licence, on application of licence holder
- 59B Procedure applying to application
- 59C Ministerial consideration of application
- 60 Suspension and cancellation of licence
- 60A Process for suspension or cancellation of licence
- 61 Surrender of licence
- 61A Cancellation of licence where water share obtained in declared water system
- 62 Transfer of licence
- 62A Declaration for taking of water under a licence in subsequent water season
- 63 Offences for taking or using water from a non‑declared water system[14]
- 63A Evidentiary provisions for offences under section 63
- 63B Power to issue infringement notice in relation to offence under section 63(3)
- 64 Review of decisions
- 64AAA Rule making powers for licences under section 51
Division 4--Periodic amendment of entitlements
- 64F Records and reports of transfers
Division 5--Seasonal determinations
PART 4A--DELIVERY OF INTERSTATE WATER
- 64H Temporary supply of interstate water
- 64I By-laws about temporary supply of interstate water
PART 4B--WATER-USE LICENCES AND WATER USE REGISTRATIONS
Division 1--Offences
- 64J Offence to use water for certain purposes on land without licence
- 64K Further offence for use of water in certain cases
Division 3--Water-use objectives for licences
- 64T Objectives as to water use
- 64U Matters that objectives may provide for
- 64V Recommendations by Catchment Management Authorities
- 64W Revoking or amending determinations as to objectives
- 64X Notification and effect of determinations as to objectives
Division 4--Standard water-use conditions for licences
Division 5--Particular conditions on licences
Division 6--Further provisions as to conditions on licences
Division 7--Variations of licences
Division 8--Suspension, revocation, cancellation and other powers for licences
Division 9--Registration of water uses
Division 10--Variation, cancellation and other powers as to registration
Division 11--Rule making powers of Minister
PART 5--WORKS
Division 1--General
- 65 Advertisement etc. of application
- 66 Appointment of panel
Division 2--Licence to construct works, etc.
- 67 Licence to construct works etc.
- 67A Application to go to certain bodies
- 67B Bodies must consider application
- 68 Matters to be taken into account
- 69 Determination of application
- 70 Other permits etc. still necessary
- 70A Offence to breach licence conditions under section 71[16]
- 71 Conditions on which licence may be issued
- 72 Renewal of licence
- 73 Amendment of licence
- 73A Amendment of conditions on works licences
- 74 Transfer of licence
- 74A Annual charge for surveillance etc.
- 74AA Licence fees for works licences
- 74AB Suspension or cancellation of licence
- 74AC Process for suspension or cancellation of licence
- 75 Offences
- 75A Offences as to obstruction of waterways etc.[17]
Division 3--Underground disposal
- 76 Power of Minister to approve underground disposal
- 76A Offences as to disposal of matter underground[18]
- 77 Other permits etc. still necessary
Division 4--Directions
- 78 Power of Minister to give directions
- 78A Offence not to comply with section 78 direction[19]
- 79 Power of Minister to give direction to bore occupier
- 79A Offence not to comply with section 79 direction[20]
- 80 Power to give directions concerning dams
- 80AA Offence not to comply with section 80 direction[21]
- 80A Design criteria etc. for re-use dams
- 81 Power of Minister to carry out work[22]
- 82 Compensation
Division 5--Review of decisions
PART 5AA--LEVEE MAINTENANCE ON CROWN LAND
Division 1--Definitions
Division 2--Authority conferred by permits
Division 3--Application for permit
- 84AAC Application
- 84AAD Referral of application to land manager
Division 4--Dealing with application for permit
Division 5--Variation of conditions or revocation of permit
- 84AAI Application
- 84AAJ Referral of application to land manager
- 84AAK Determination of application
- 84AAL Variation of conditions on Minister's initiative
- 84AAM Referral of proposal to land manager in certain circumstances
- 84AAN Revocation of permit
Division 6--Apportionment of application fee
- 84AAO Payment to land manager of portion of application fee
PART 5A--VICTORIAN WATER REGISTER
Division 1A--Minister's functions
Division 2--Registrar
Division 3--Recordings of water shares by the Registrar
Division 4--Recordings by the Minister
Division 5--Recordings by Authorities
Division 6--Searching information in the water register
Division 7--Corrections and amendment of water register
Division 8--General
Division 9--Offences and enforcement
PART 6--WATER CORPORATIONS
Division 1--Establishment, restructuring, abolition and administration of water corporations
Division 2--Functions, powers, duties and objectives of water corporations
Division 3--Boards of directors
Division 4--Other provisions relating to water corporations
PART 6A--DISTRICTS AND LAND MANAGEMENT AREAS
Division 1--Water supply, sewerage, irrigation and waterway management districts
PART 6B--DUTIES OF WATER CORPORATIONS
Division 1--Customer dispute resolution
- 122ZG Customer dispute resolution
Division 2--Dividends
Division 3--Repayment of capital
- 122ZI Repayment of capital
Division 4--Annual report
- 122ZJ Information to be included in annual report
PART 6C--STORAGE MANAGERS
PART 7--GENERAL POWERS
PART 7A--RECONFIGURATION PLANS
- 161B Definitions
- 161BA Reconfiguration plans
- 161C Contents of reconfiguration plans
- 161D Draft plans for reconfiguration of infrastructure
- 161E Directions of Minister as to reconfiguration plans
- 161F Adoption of reconfiguration plans by Authority
- 161G Approval of reconfiguration plans by the Minister
- 161H Appointment of Panel
- 161I Approval and notification of plan
- 161J Termination of services to properties consequent on plans for reconfiguration
- 161K Plans by agreement
PART 8--WATER SUPPLY
PART 9--SEWERAGE
Division 1--Authorities other than Melbourne Water Corporation
PART 10--WATERWAY MANAGEMENT
Division 1--Preliminary
- 185 Application of this Part
- 186 Exercise of functions of Authorities
- 186A Statements of obligations of Authorities with waterway management functions
Division 2--Waterway management
Division 3--Regional drainage
- 198 Application of Division
- 199 Functions of Authorities
- 200 Control over diversion of drainage water[40]
Division 4--Floodplain management
- 201 Application of Division
- 202 Floodplain management functions
- 203 Declarations by Authorities
- 204 Adoption of flood level
- 205 Declarations by the Minister
- 206 Notice of declarations
- 207 Review of declarations
- 208 Control of works and structures[41]
- 209 Removal of existing works and structures
- 210 Compensation
- 211 Indemnities
- 212 Availability of information
Division 5--Water management schemes
- 213 Functions of the Minister
- 214 Investigations
- 215 Water management schemes
- 216 Approval of schemes
- 217 Removal or modification of works
Division 6--Drainage courses
Division 7--By-laws
PART 11--IRRIGATION
Division 1--General
- 220 Definitions and application
Division 2--Functions, powers and duties of Authorities
- 221 Functions of Authorities under this Part
- 222 General powers and duties of Authorities under this Part
Division 3--Specific provisions as to volume and period of delivery
- 223 Authority to determine volumes and periods of delivery
- 224 Variation of delivery determinations on application
- 225 Variation of delivery determination on motion of Authority
- 226 Determination to transfer volume or periods
Division 4--Conditions and Ministerial directions as to delivery
- 227 Authority to fix terms and conditions for the service of delivering water
- 228 Ministerial directions
Division 5--Miscellaneous
Division 6--Powers to reduce etc. delivery service
PART 11A--SALINITY MITIGATION
Division 1--Preliminary
- 232 Determination of salinity impact zones
Division 2--Functions and powers of the Minister
- 232A Functions and powers of the Minister as to salinity mitigation
Division 3--Imposition of salinity impact charges
PART 12--ACCESS OVER LANDS
- 233 Definitions and application
- 234 Access by agreement
- 235 Access without agreement
- 236 Registration of right of access
- 237 Revocation or variation of right of access
- 238 Maintenance of works
- 239 Breaking up roads in maintaining etc. works
- 240 Penalty for obstructing works
- 241 Notice that right of access is sought over public land
- 242 Joint rights of access
- 243 Costs of investigations
- 244 Community drainage and salinity schemes
- 245 Powers of committee
- 246 Powers of Corporation and councils for community schemes
PART 13--FINANCE AND ACCOUNTABILITY
Division 1--Corporate plans
- 247 Corporate plans
- 248 Statement of corporate intent: contents
- 249 Inspection of corporate plans
- 250 Board to notify Minister and Treasurer of significant affecting events etc.
- 251 Report on achievement of corporate plan
Division 3--Funds of Authorities
- 252 Use of income
- 253 Investment
- 253A Payments by Treasurer in 1997/98
Division 4--Borrowing
- 254 Borrowing powers of Authorities
- 255 Securities and guarantees
- 256 Investment by public bodies
Division 5--Payment for services
- 257 Definitions
- 258 Properties subject to tariff
- 259 Tariffs
- 260 Setting a tariff
- 260A Limits on power of certain Authorities to set tariffs
- 261 Valuation equalisation factor
- 262 Valuations
- 263 Supplementary valuations
- 263A Liability of owners corporation or lot owners for fees for services supplied to subdivision
- 264 Power to charge
- 264A Authority may charge for securing bulk entitlements
- 265 Charges for property that is not rateable[43]
- 266 Application for review
Division 6--Owner finance
- 266A Definition
- 267 Operation of Division
- 268 Authority may require payment[44]
- 269 Contributions for increased services[45]
- 270 Payments on connection[46]
- 271 Review of required payments
- 272 Authority may require further payment
- 273 When payment is due
Division 7--Payment and recovery of money
- 281A Agreements with respect to collection of fees under tariffs
- 281B Recovery of fees under tariffs
- 281C Inspection of rate records
Division 8--Concessions and exemptions
- 282 Deferred payment
- 283 Waiver
- 284 Reimbursement by State
Division 9--Contributions from councils and other Authorities
- 285 Pre-requisites for requirement of contribution
- 286 Authorities may require contributions from councils and other Authorities
- 287 Authorities may require special contributions
Division 10--Salinity impact charges
- 287A Minister may require payment of salinity impact charges
- 287AB Notice of salinity impact charges
- 287AC Payment of salinity impact charges
- 287AD Unpaid salinity impact charges debts due to Crown
- 287AE Interest on unpaid salinity impact charges
- 287AF Unpaid salinity impact charges are charges on property
- 287AG Collection of salinity impact charges
- 287AH Application of salinity impact charges
Division 11--Recovery of fees etc. under Part 3A
- 287B Disposal of water shares for unpaid contributions, fees and other amounts
- 287C Application of proceeds
- 287D Sale or transfer cancels encumbrances
PART 13A--PROCESS FOR TRANSFER OF PROPERTY ETC. OF AUTHORITIES
- 287E Definitions
- 287F Requirements for preparation of allocation statement
- 287G Amendment of allocation statement
- 287H Property transferred in accordance with allocation statement
- 287I Staff transferred in accordance with allocation statement
- 287J Allocation of property etc. subject to encumbrances
- 287K Certificate of managing director
- 287L Value of transferred property
- 287M Substitution of party to agreement
- 287N Former transferor instruments
- 287O Proceedings
- 287P Interests in land
- 287Q Easements
- 287R Amendment of Register
- 287S Taxes
- 287T Evidence
- 287U Validity of things done under this Part
PART 13B--PROCEDURES FOR MAKING BY-LAWS
Division 1--Preliminary
- 287V Definitions
- 287W Authorities required to use certain procedures when making by‑laws
Division 2--Procedure for making by-laws using model by‑laws
- 287X Requirements for Minister when issuing model by‑laws
- 287Y Minister to give notice of proposed model by-law
- 287Z Inspection of proposed model by-law
- 287ZA Submissions on model by-laws
- 287ZB Issuing of model by-laws
- 287ZC Making and giving of notice of making of by-law using model by-law
Division 3--Procedure for making by-laws not using model by‑laws
- 287ZD Obligation of Authorities when exercising by-law making power
- 287ZE Authority to give notice of proposed by‑law
- 287ZF Inspection of proposed by-law
- 287ZG Submissions on by-laws
- 287ZH Consideration and Ministerial approval
- 287ZI Making and giving of notice of making
Division 4--General
- 287ZJ Effect of by-laws
- 287ZK Inspection of by-laws
- 287ZL Automatic revocation of by-laws
PART 14--ENFORCEMENT
Division 1--General offences
- 288 Offences as to Authority's property[48]
- 288A Evidentiary provisions for offences under section 288
- 289 Wrongful taking etc. of water[49]
- 289A Evidentiary provisions for offences under section 289
- 289B Offence to interfere with flow of water
- 289C Power to issue infringement notice in relation to offences under sections 289(3) and 289B(3)
- 290 Uncovering or exposing works[50]
- 291 Trespass
Division 2--Appointment etc. of authorised water officers
Division 4--Further enforcement provisions
- 292AA Interpretation
- 292 Offence of obstructing etc. officers
- 293 Power to require person to state name and address
- 294 Occupier or manager required to state owner's etc. name and address
- 295A Power to issue infringement notices
- 295B Indictable offences
- 296 Prosecutions
- 297 Offences by corporations and partnerships etc.
- 298 Application of penalties
- 299 Civil remedies not affected by bringing of proceeding
- 300 Proof of certain matters not required
- 301 General evidentiary provisions
- 302 Use of analyst's certificate in prosecutions
- 303 Authentication of documents
- 303A Issues of evidence and proof
- 304 Service of documents on an Authority
- 305 Service of documents by an Authority
PART 15--GENERAL
- 305A Application to Tribunal for declaration
- 305B Matters Tribunal must take into account in review proceedings
- 305C Incorporation of documents in certain orders or other instruments
- 305D Validation of certain orders or other instruments
- 306 Power of Minister to delegate
- 307 Power of Minister to give directions
- 307A Reimbursement of cost of complying with directions
- 308 Power of Minister to exempt
- 309 Powers of the Minister in enforcing certain Parts of this Act
- 310 Establishment of Drillers' Licensing Board
- 311 Application for licence
- 312 Board may grant licence
- 313 Licences may be revoked or suspended
- 314 Register of licences
- 315 Term of licence
- 316 Requirement that licensed driller carry out work
- 317 Appeals
- 318 Advisory committees established by Minister
- 319 Department Head
- 321 Officers appointed or transferred to Authorities
- 322 Guidelines as to terms and conditions of employment
- 323 Saving of rights of public servants appointed to Authorities
- 323A Supreme Court—limitation of jurisdiction
- 324 Regulations
- 325A Effect of Schedule 15
- 326 Savings and transitionals
- 330 Transitional provisions for removal of power to set fees under tariffs
- 331 Transitional provisions—Water (Irrigation Farm Dams) Act 2002
- 334 Certificate as to land taken over by another body
PART 16--TRANSITIONAL, VALIDATION AND OTHER PROVISIONS--WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2019
Division 1--Serviced property, transitional and validation provisions
Division 2--Validation of charges in relation to salinity mitigation
- 339 Meaning of validation date
- 340 Validation provision in respect of section 287A
- 341 Validation provision in respect of section 64R
- 342 Proceedings on foot not affected
Division 3--Salinity impact charge determinations
- 343 Regulatory impact statement not required for first salinity impact determination
Division 4--General
- 344 Transitional provision—Sustainable Water Strategies—Water and Catchment Legislation Amendment Act 2019
- 345 Savings provision—Infringement notices—Water and Catchment Legislation Amendment Act 2019
- 346 Savings provision—Water (Estimation, Supply and Sewerage) Regulations 2014—Water and Catchment Legislation Amendment Act 2019