Water (Resource Management) Amendment Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Water (Resource Management) Amendment Regulations 2014 S.R. No. 69/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 1 5 Definitions 2 6 New regulations 18A and 18B inserted 6 18A Fee for application to give a standing direction 6 18B Fee for application to revoke a standing direction 6 7 New regulation 19 substituted 7 ═══════════════ ENDNOTES 9 -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 69/2014 Water Act 1989 Water (Resource Management) Amendment Regulations 2014 The Governor in Council makes the following Regulations: Dated: 17 June 2014 Responsible Minister: PETER WALSH Minister for Water YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Water (Resource Management) Regulations 2007 to prescribe fees for applications to the Minister relating to standing directions and related dealings under the Water Act 1989. 2 Authorising provision These Regulations are made under section 324 of the Water Act 1989. 3 Commencement These Regulations come into operation on 1 July 2014. 4 Principal Regulations In these Regulations the Water (Resource Management) Regulations 20071 are called the Principal Regulations. -- 2 of 10 -- S.R. No. 69/2014 Water (Resource Management) Amendment Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 5 Definitions In regulation 4 of the Principal Regulations— (a) insert the following definitions— "water limited term transfer group application means an application made under section 33X(1)(b) of the Act when made together with either one or both of the following applications, in relation to the same water allocation— (a) an application made under section 33TB of the Act; (b) an application made under section 33X(1)(ba) of the Act; water share consolidation group application means an application in respect of two or more water shares made under section 33Z of the Act when made together with an application made under section 33X(1)(ba) of the Act in relation to those same water shares; water share divide group application means an application in respect of a water share made under section 33Y of the Act when made together with an application made under section 33X(1)(ba) of the Act in relation to the same water share; water share issue group application means either one of the following combinations of applications in relation to the same water share— (a) an application made under section 33L of the Act when made together with an application made r. 5 -- 3 of 10 -- S.R. No. 69/2014 Water (Resource Management) Amendment Regulations 2014 3 Authorised by the Chief Parliamentary Counsel under section 33X(1)(ba) of the Act; (b) an application made under section 33M of the Act when made together with an application made under section 33X(1)(ba) of the Act; water take group application means an application made under section 33AI of the Act when made together with either one or both of the following applications, in relation to the same water allocation— (a) an application made under section 33TB of the Act; (b) an application made under section 33X(1)(ba) of the Act."; (b) for the definition of automated lodgement process substitute— "automated lodgement process means the process for enabling the making of an application through the Victorian water register website; Note The Victorian water register website is at http://waterregister.vic.gov.au."; (c) for the definition of water allocation group application substitute— "water allocation group application means any one of the following combinations of applications in relation to the same water share, water allocation or use of water— r. 5 -- 4 of 10 -- S.R. No. 69/2014 Water (Resource Management) Amendment Regulations 2014 4 Authorised by the Chief Parliamentary Counsel (a) an application made under section 33X(1)(ba) of the Act together with an application made under section 33TB of the Act; (b) an application made under section 33X(1)(c) of the Act together with any one or more of the following— (i) an application made under section 33TB of the Act; (ii) an application made under section 33X(1)(ba) of the Act; (iii) an application made under section 33AG of the Act; (iv) an application made under section 33AI of the Act; (v) an application made under section 64K(2) of the Act; (c) an application made under section 64K(2) of the Act together with any one or more of the following— (i) an application made under section 33TB of the Act; (ii) an application made under section 33X(1)(ba) of the Act; (iii) an application made under section 33AG of the Act; (iv) an application made under section 33AI of the Act;"; r. 5 -- 5 of 10 -- S.R. No. 69/2014 Water (Resource Management) Amendment Regulations 2014 5 Authorised by the Chief Parliamentary Counsel (d) for the definition of water share change group application substitute— "water share change group application means either one of the following combinations of applications in relation to the same water share or water allocation— (a) an application made under section 33AQ of the Act together with any one or more of the following— (i) an application made under section 33R of the Act; (ii) an application made under section 33TB of the Act; (iii) an application made under section 33X(1)(ba) of the Act; (iv) an application made under section 33Y of the Act; (v) an application made under section 33Z of the Act; (vi) an application made under section 33AI of the Act; (b) an application made under section 33R of the Act together with either one or both of the following— (i) an application made under section 33TB of the Act; (ii) an application made under section 33X(1)(ba) of the Act;"; r. 5 -- 6 of 10 -- S.R. No. 69/2014 Water (Resource Management) Amendment Regulations 2014 6 Authorised by the Chief Parliamentary Counsel (e) for the definition of water share transfer group application substitute— "water share transfer group application means an application made under section 33X(1)(a) of the Act when made together with any one or more of the following applications, in relation to the same water share— (a) an application made under section 33R of the Act; (b) an application made under section 33TB of the Act; (c) an application made under section 33X(1)(ba) of the Act; (d) an application made under section 33Y of the Act; (e) an application made under section 33AI of the Act; (f) an application made under section 33AQ of the Act;". 6 New regulations 18A and 18B inserted After regulation 18 of the Principal Regulations insert— "18A Fee for application to give a standing direction The prescribed fee for an application made under section 33X(1)(ba) is 6·04 fee units. 18B Fee for application to revoke a standing direction The prescribed fee for an application made under section 33TB is 6·04 fee units.". r. 6 -- 7 of 10 -- S.R. No. 69/2014 Water (Resource Management) Amendment Regulations 2014 7 Authorised by the Chief Parliamentary Counsel 7 New regulation 19 substituted For regulation 19 of the Principal Regulations substitute— "19 Group applications Despite regulations 5 to 18B— (a) in the case of a person who makes a water share change group application, the prescribed fee is 11·43 fee units; (b) in the case of a person who makes a water share consolidation group application, the prescribed fee is 11·43 fee units; (c) in the case of a person who makes a water share divide group application, the prescribed fee is 11·43 fee units; (d) in the case of a person who makes a water share issue group application, the prescribed fee is 13·57 fee units; (e) in the case of a person who makes a water share transfer group application, the prescribed fee is 13·57 fee units; (f) in the case of a person who makes a water limited term transfer group application, the prescribed fee is 13·57 fee units; (g) in the case of a person who makes a water take group application, the prescribed fee is 11·43 fee units; (h) in the case of a person who makes a water allocation group application, the prescribed fee is— (i) 3·20 fee units if the application is made through the automated lodgement process; or r. 7 -- 8 of 10 -- S.R. No. 69/2014 Water (Resource Management) Amendment Regulations 2014 8 Authorised by the Chief Parliamentary Counsel (ii) 6·04 fee units if the application is made other than by way of the automated lodgement process.". ═══════════════ r. 7 -- 9 of 10 -- S.R. No. 69/2014 Water (Resource Management) Amendment Regulations 2014 9 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 75/2007 as amended by S.R. Nos 123/2009, 139/2010, 88/2012 and 163/2013. —— Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2014 is $13.24. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 10 of 10 --