Water (Resource Management) Amendment Regulations 2009

i Water (Resource Management) Amendment Regulations 2009 S.R. No. 123/2009 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 PART 2—FEES FOR WATER SHARE APPLICATIONS 3 5 Amendment to definitions 3 6 Amendment to fee for application for issue of a water share 4 7 Amendment to fee for application for issue of a water share by holder of interstate right 4 8 Amendment to fee for application for transfer of ownership of water share 4 9 Amendment to fee for application to give a limited term transfer of water share 4 10 Amendment to fee for application to give a water allocation assignment 4 11 Amendment to fee for application to cancel a water share where interstate rights are obtained 4 12 Amendment to fee for application for Ministerial approval to take interstate water 4 13 Amendment to fee for application to use water on land 4 14 Amendment to fees for group applications 5 19 Group applications 5 15 Amendment to fee to correct or amend the water register 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2009 S.R. No. 123/2009 Water Act 1989 Water (Resource Management) Amendment Regulations 2009 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 13 October 2009 Responsible Minister: TIM HOLDING Minister for Water TOBY HALLIGAN Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are to amend the Water (Resource Management) Regulations 2007 to— (a) increase certain application fees relating to the transfer of ownership of a water share and the giving of a water allocation assignment; and (b) remove the fee to correct or amend addresses recorded in the water register. 2 Authorising provision These Regulations are made under section 324 of the Water Act 1989. -- 2 of 7 -- Part 1—Preliminary Water (Resource Management) Amendment Regulations 2009 S.R. No. 123/2009 2 3 Commencement These Regulations come into operation on 16 October 2009. 4 Principal Regulations In these Regulations the Water (Resource Management) Regulations 2007 1 are called the Principal Regulations. __________________ r. 3 -- 3 of 7 -- Part 2—Fees for Water Share Applications Water (Resource Management) Amendment Regulations 2009 S.R. No. 123/2009 3 PART 2—FEES FOR WATER SHARE APPLICATIONS 5 Amendment to definitions In regulation 4 of the Principal Regulations— (a) revoke the definition of water share group application; (b) insert the following definitions— "water share change group application, means an application made under section 33AQ of the Act when made together with an application made under any one or more of the following sections, in relation to the same water share or water allocation— (a) 33R of the Act; (b) 33Y of the Act; (c) 33Z of the Act; (d) 33AI of the Act; water share transfer group application, means an application in respect of a particular water share made under section 33X(1)(a) of the Act when made together with an application made under any other one or more of the following sections, in relation to the particular share— (a) 33R of the Act; (b) 33Y of the Act; (c) 33AI of the Act; (d) 33AQ of the Act.". r. 5 -- 4 of 7 -- Part 2—Fees for Water Share Applications Water (Resource Management) Amendment Regulations 2009 S.R. No. 123/2009 4 6 Amendment to fee for application for issue of a water share In regulation 5 of the Principal Regulations, for "11⋅43" substitute "13⋅57". 7 Amendment to fee for application for issue of a water share by holder of interstate right In regulation 6 of the Principal Regulations, for "11⋅43" substitute "13⋅57". 8 Amendment to fee for application for transfer of ownership of water share In regulation 8 of the Principal Regulations, for "11⋅43" substitute "13⋅57". 9 Amendment to fee for application to give a limited term transfer of water share In regulation 9 of the Principal Regulations, for "11⋅43" substitute "13⋅57". 10 Amendment to fee for application to give a water allocation assignment In regulation 10 of the Principal Regulations, for "5⋅45" substitute "6⋅04". 11 Amendment to fee for application to cancel a water share where interstate rights are obtained In regulation 14 of the Principal Regulations, for "11⋅43" substitute "13⋅57". 12 Amendment to fee for application for Ministerial approval to take interstate water In regulation 15 of the Principal Regulations, for "11⋅43" substitute "13⋅57". 13 Amendment to fee for application to use water on land In regulation 18 of the Principal Regulations, for "5⋅45" substitute "6⋅04". r. 6 -- 5 of 7 -- Part 2—Fees for Water Share Applications Water (Resource Management) Amendment Regulations 2009 S.R. No. 123/2009 5 14 Amendment to fees for group applications For regulation 19 of the Principal Regulations, substitute— "19 Group applications Despite regulations 5 to 18— (a) in the case of a person who makes a water share transfer group application, the prescribed fee is 13⋅57 fee units; (b) in the case of a person who makes a water share change group application, the prescribed fee is 11⋅43 fee units; (c) in the case of a person who makes a water allocation group application, the prescribed fee is 6⋅04 fee units.". 15 Amendment to fee to correct or amend the water register For regulation 28(1) of the Principal Regulations, substitute— "(1) For the purposes of section 84ZB(4)(b)(i) of the Act— (a) no prescribed fee is payable to correct or amend an address recorded on the water register; (b) in all other cases, the prescribed fee to correct or amend the water register is 8⋅71 fee units.". ═══════════════ r. 14 -- 6 of 7 -- Water (Resource Management) Amendment Regulations 2009 S.R. No. 123/2009 6 ENDNOTES 1 Reg. 4: S.R. No. 75/2007. —— 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 2009 is $11.69. 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 -- 7 of 7 --