Water (Resource Management) Regulations 2007

Water (Resource Management) Regulations 2007 S.R. No. 75/2007 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Definitions 2 PART 2—FEES FOR APPLICATIONS IN RELATION TO WATER SHARES AND WATER ALLOCATION 6 5 Fee for application for issue of a water share 6 6 Fee for application for issue of a water share by holder of interstate right 6 7 Fee for an application for variation of a water share 6 8 Fee for application for transfer of ownership of water share under Division 5 of Part 3A of the Act 6 9 Fee for application to give a limited term transfer under Division 5 of Part 3A of the Act 6 10 Fee for application to give a water allocation assignment under Division 5 of Part 3A of the Act 6 11 Fee for application to divide a water share 6 12 Fee for application to consolidate water shares 6 13 Fee for application to surrender a water share to the Crown 7 14 Fee for application to cancel a water share where interstate rights are obtained 7 15 Fee for application for Ministerial approval to take interstate water 7 16 Fee for application for Ministerial approval to take water outside the associated water system 7 17 Fee for application to associate or revoke the association of a water share with land 7 18 Fee for an application to use water on land 7 19 Group applications 7 20 Exception to regulations in this Part 8 i -- 1 of 16 -- Regulation Page PART 3—WATER REGISTER FEES 9 Division 1—Water share dealings 9 21 Fees for recording water share or related dealings 9 22 Fees for recording mortgage related dealings 10 23 Fee for recording that matter referred to arbitration 11 24 Fee for providing a certificate as to matter in the part of the water register or in records of information maintained by the Registrar 11 25 Waiver of Division 1 fees 11 Division 2—Searching or amending the water register 12 26 Persons who may search the water register for information or records 12 27 Fees to search the water register 12 28 Fee to correct or amend the water register 13 29 Waiver of Division 2 fees 13 ═══════════════ ENDNOTES 14 ii -- 2 of 16 -- STATUTORY RULES 2007 S.R. No. 75/2007 Water Act 1989 Water (Resource Management) Regulations 2007 The Governor in Council makes the following Regulations: Dated: 26 June 2007 Responsible Minister: JOHN THWAITES Minister for Water, Environment and Climate Change RUTH LEACH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are to prescribe— (a) fees for applications to the Minister relating to water shares, water allocations and related dealings under the Water Act 1989; and (b) fees for lodging documents with the Registrar of the water register or making recordings in the water register under that Act; and (c) fees for applications to amend or search the water register under that Act; and (d) persons who may search the water register for specified information or records under that Act. 1 -- 3 of 16 -- Part 1—Preliminary Water (Resource Management) Regulations 2007 S.R. No. 75/2007 r. 2 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 2007. 4 Definitions In these Regulations— the Act means the Water Act 1989; water allocation group application, in relation to Part 2, means any of the following combinations of applications made at the same time in respect of the same water share, water allocation or use of water— (a) an application made under section 33X(1)(c) of the Act together with any of the following— (i) an application made under section 33AI of the Act; or (ii) an application made under section 64K(3)(d) of the Act; or (iii) an application made under section 33AI of the Act and an application made under section 64K(3)(d) of the Act; or (b) an application made under section 33AI of the Act together with an application made under section 64K(3)(d) of the Act; 2 -- 4 of 16 -- Part 1—Preliminary Water (Resource Management) Regulations 2007 S.R. No. 75/2007 r. 4 water share group application, in relation to Part 2, means any of the following combinations of applications made at the same time in respect of the same water share, water allocation or use of water— (a) an application made under section 33R of the Act together with an application made under section 33AQ of the Act; or (b) an application made under section 33X(1)(a) of the Act together with any of the following— (i) an application made under section 33R of the Act; or (ii) an application made under section 33AQ of the Act; or (iii) an application made under section 33R of the Act and an application made under section 33AQ of the Act; or (iv) an application made under section 33R of the Act and an application made under section 33Y of the Act; or (v) an application made under section 33Y of the Act and an application made under section 33AQ of the Act; or (vi) an application made under section 33R of the Act, an application made under section 33Y of the Act and an application made under section 33AQ of the Act; or 3 -- 5 of 16 -- Part 1—Preliminary Water (Resource Management) Regulations 2007 S.R. No. 75/2007 r. 4 (vii) an application made under section 33Y of the Act; or (viii) an application made under section 33AI of the Act; or (ix) an application made under section 33R of the Act and an application made under section 33AI of the Act; or (x) an application made under section 33R of the Act, an application made under section 33Y of the Act and an application made under section 33AI of the Act; or (xi) an application made under section 33R of the Act, an application made under section 33Y of the Act, an application made under section 33AI of the Act and an application made under section 33AQ of the Act; or (xii) an application made under section 33R of the Act, an application made under section 33AI of the Act and an application made under section 33AQ of the Act; or (xiii) an application made under section 33Y of the Act and an application made under section 33AI of the Act; or 4 -- 6 of 16 -- Part 1—Preliminary Water (Resource Management) Regulations 2007 S.R. No. 75/2007 r. 4 (xiv) an application made under section 33Y of the Act, an application made under section 33AI of the Act and an application made under section 33AQ of the Act; or (xv) an application made under section 33AI of the Act and an application made under section 33AQ of the Act; or (c) an application made under section 33Y of the Act together with an application made under section 33AQ of the Act; or (d) an application made under section 33Z of the Act together with an application made under section 33AQ of the Act; or (e) an application made under section 33AI of the Act together with any of the following— (i) an application made under section 33Y of the Act; or (ii) an application made under section 33AQ of the Act; or (iii) an application made under section 33Y of the Act and an application made under section 33AQ of the Act. __________________ 5 -- 7 of 16 -- Part 2—Fees for Applications in Relation to Water Shares and Water Allocation Water (Resource Management) Regulations 2007 S.R. No. 75/2007 r. 5 PART 2—FEES FOR APPLICATIONS IN RELATION TO WATER SHARES AND WATER ALLOCATION 5 Fee for application for issue of a water share The prescribed fee for an application made under section 33L of the Act is 11·43 fee units. 6 Fee for application for issue of a water share by holder of interstate right The prescribed fee for an application made under section 33M of the Act is 11·43 fee units. 7 Fee for an application for variation of a water share The prescribed fee for an application made under section 33R of the Act is 11·43 fee units. 8 Fee for application for transfer of ownership of water share under Division 5 of Part 3A of the Act The prescribed fee for an application made under section 33X(1)(a) of the Act is 11·43 fee units. 9 Fee for application to give a limited term transfer under Division 5 of Part 3A of the Act The prescribed fee for an application made under section 33X(1)(b) of the Act is 11·43 fee units. 10 Fee for application to give a water allocation assignment under Division 5 of Part 3A of the Act The prescribed fee for an application made under section 33X(1)(c) of the Act is 5·45 fee units. 11 Fee for application to divide a water share The prescribed fee for an application made under section 33Y of the Act is 11·43 fee units. 12 Fee for application to consolidate water shares The prescribed fee for an application made under section 33Z of the Act is 11·43 fee units. 6 -- 8 of 16 -- Part 2—Fees for Applications in Relation to Water Shares and Water Allocation Water (Resource Management) Regulations 2007 S.R. No. 75/2007 r. 13 13 Fee for application to surrender a water share to the Crown The prescribed fee for an application made under section 33AA of the Act is 11·43 fee units. 14 Fee for application to cancel a water share where interstate rights are obtained The prescribed fee for an application made under section 33AB of the Act is 11·43 fee units. 15 Fee for application for Ministerial approval to take interstate water The prescribed fee for an application made under section 33AG of the Act is 11·43 fee units. 16 Fee for application for Ministerial approval to take water outside the associated water system The prescribed fee for an application made under section 33AI of the Act is 11·43 fee units. 17 Fee for application to associate or revoke the association of a water share with land The prescribed fee for an application made under section 33AQ of the Act is 11·43 fee units. 18 Fee for an application to use water on land For the purposes of section 64K(3)(d) of the Act, the prescribed fee for an application to the Minister for approval to use water on land is 5·45 fee units. 19 Group applications Despite regulations 5 to 18— (a) in the case of a person who makes a water share group application, the prescribed fee is 11·43 fee units; 7 -- 9 of 16 -- Part 2—Fees for Applications in Relation to Water Shares and Water Allocation Water (Resource Management) Regulations 2007 S.R. No. 75/2007 r. 20 (b) in the case of a person who makes a water allocation group application, the prescribed fee is 5·45 fee units. 20 Exception to regulations in this Part Despite regulations 10 and 19, no application fee is payable if— (a) a person makes an application under section 33X(1)(c) of the Act for approval to make an assignment under section 33U(1)(e) or 33V(1)(e) of the Act; and (b) the Authority responsible for the water system from which the water was allocated considers it appropriate that the person be excepted from the payment of that fee. __________________ 8 -- 10 of 16 -- Part 3—Water Register Fees Water (Resource Management) Regulations 2007 S.R. No. 75/2007 r. 21 PART 3—WATER REGISTER FEES Division 1—Water share dealings 21 Fees for recording water share or related dealings The following fees are prescribed for making a recording in the water register— (a) for recording a transfer of ownership of a water share under section 84J(1)(a) of the Act, the fee is 8·71 fee units; (b) for recording a limited term transfer of a water share under section 84J(1)(b) of the Act, the fee is 8·71 fee units; (c) for recording the surrender of a limited term transfer of a water share under section 84JA of the Act, the fee is 4·36 fee units; (d) for recording the transmission of a water share to the legal personal representative of the deceased owner of the water share under section 84K of the Act, the fee is 8·71 fee units; (e) for recording a transmission under section 84L of the Act to the survivor of joint owners of a water share, the fee is 8·71 fee units; (f) for recording the transmission of a water share under section 84M of the Act to the trustee in bankruptcy of the owner of the water share, the fee is 8·71 fee units; (g) for recording a memorandum of common provisions under section 84P of the Act, the fee is 8·71 fee units. 9 -- 11 of 16 -- Part 3—Water Register Fees Water (Resource Management) Regulations 2007 S.R. No. 75/2007 r. 22 22 Fees for recording mortgage related dealings (1) The prescribed fee for recording in the water register a mortgage of a water share under clause 1 of Schedule 12A to the Act is 4·36 fee units. (2) The prescribed fee for recording in the water register a variation of the terms of a recorded mortgage of a water share under clause 2(3) of Schedule 12A to the Act is 4·36 fee units. (3) The prescribed fee for recording in the water register a variation of the principal sum or interest secured by a recorded mortgage of a water share under clause 2(3) of Schedule 12A to the Act is 4·36 fee units. (4) The prescribed fee for recording in the water register the variation of priority of the recorded mortgages of a water share under clause 3 of Schedule 12A to the Act is 4·36 fee units. (5) The prescribed fee for recording in the water register the transfer of a mortgage of a water share under clause 4 of Schedule 12A to the Act is 4·36 fee units. (6) The prescribed fee for recording in the water register a discharge of a mortgage of a water share under clause 10 of Schedule 12A to the Act is 4·36 fee units. (7) Despite subregulation (6), the Registrar may waive the prescribed fee for recording in the water register a discharge of a mortgage of a water share, if— (a) the discharge was in respect of a mortgage that was deemed to be a mortgage over a water share under clause 26 of Schedule 15 to the Act; and 10 -- 12 of 16 -- Part 3—Water Register Fees Water (Resource Management) Regulations 2007 S.R. No. 75/2007 r. 23 (b) the recording in the water register of the discharge of the mortgage is lodged within 6 months after the appointed day within the meaning of the Act. 23 Fee for recording that matter referred to arbitration (1) For the purposes of section 84I(i) of the Act, the referral of a matter to arbitration under clause 19 of Schedule 15 to the Act is a prescribed matter to be recorded in the water register. (2) The fee for recording in the water register the referral of a matter to arbitration under clause 19 of Schedule 15 to the Act is 4·36 fee units. 24 Fee for providing a certificate as to matter in the part of the water register or in records of information maintained by the Registrar The fee for the issuing of a certificate by a recording body under section 84ZK of the Act for the purposes of proceedings in any court or tribunal is 4·36 fee units. 25 Waiver of Division 1 fees (1) The Registrar may waive a fee specified in regulation 21 or 22 if— (a) the fee is incurred by a person seeking to make an application under the Act to make a recording in the water register; and (b) that recording is made as a result of reaching an agreement in respect of ownership of a water share under clause 17(2) of Schedule 15 to the Act. (2) The Registrar may waive a fee specified in this Division which is payable to the Registrar by a person if the Registrar is satisfied that there are circumstances justifying the waiver, including any hardship affecting the person liable to pay the fee. 11 -- 13 of 16 -- Part 3—Water Register Fees Water (Resource Management) Regulations 2007 S.R. No. 75/2007 r. 26 Division 2—Searching or amending the water register 26 Persons who may search the water register for information or records For the purposes of section 84X(3) of the Act— (a) a prescribed purpose is the undertaking of a valuation under section 13DC of the Valuation of Land Act 1960; (b) a prescribed person is a person appointed in accordance with section 13DA(1A) of the Valuation of Land Act 1960; (c) the prescribed information or records or prescribed class of information or records is information or records held by the recording body that are reasonably required for the purposes of undertaking a valuation under section 13DC of the Valuation of Land Act 1960. 27 Fees to search the water register For the purposes of section 84ZA(2)(a) of the Act, the prescribed fee to search the part of the water register in respect of which the Registrar or Minister is responsible, is— (a) in the case of a search initiated by accessing an online search facility established by the Registrar for the purposes of searching the water register, 1 fee unit; or (b) in the case of a search made by the Registrar or the Minister on behalf of the applicant and where a hard copy of the results of that search are provided to the applicant— (i) if the search is for current information or records, 1·91 fee units; 12 -- 14 of 16 -- Part 3—Water Register Fees Water (Resource Management) Regulations 2007 S.R. No. 75/2007 r. 28 (ii) if the search is for non-current information or records, 1·91 fee units; (iii) if the search is for documents, 1 fee unit. 28 Fee to correct or amend the water register (1) For the purposes of section 84ZB(4)(b)(i) of the Act, the prescribed fee for the correction or amendment to the water register is 8·71 fee units. (2) The Registrar may waive the fee referred to in subregulation (1) if the application for the amendment or correction to the water register is made— (a) to correct an error made by the Registrar; or (b) as a result of reaching an agreement in respect of ownership of a water share under clause 17(2) of Schedule 15 to the Act. 29 Waiver of Division 2 fees The Registrar may waive a fee specified in this Division which is payable to the Registrar by a person if the Registrar is satisfied that there are circumstances justifying the waiver, including any hardship affecting the person liable to pay the fee. ═══════════════ 13 -- 15 of 16 -- Water (Resource Management) Regulations 2007 S.R. No. 75/2007 Endnotes ENDNOTES 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 2007 is $11.02. 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. 14 -- 16 of 16 --