Water (Governance) Act 2006

i Water (Governance) Act 2006 Act No. 85/2006 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENTS TO THE WATER ACT 1989 3 3. Definitions 3 4. Repeal of reference 9 5. Repeal of reference 9 6. Copy of management plan to be given to Melbourne Water Corporation 9 7. Statute Law Revision 10 8. Transfer of ownership of water share 10 9. Limited term transfers 10 10. Assignments of water allocations under water shares 10 11. Further assignments of water allocations under water shares 12 12. Ministerial approval for transfers etc. 12 13. Division of water shares 13 14. Consolidation of water shares 13 15. Insertion of new section 33ABA 13 33ABA. Cancellation where rights outside declared water system are obtained 13 16. Service provision fees 14 17. Statute Law Revision 14 18. Obligations on cessation of ownership or occupation of land 14 19. Obligations on cancellation of water-use registration 14 20. Substitution of section 33AV 15 33AV. Effect of death of owner of water share or holder of limited term transfer 15 21. Application of Division 1 of Part 4—MWC 16 22. Application for bulk entitlement—MWC 16 23. Repeal of reference to storage operator in section 43 16 24. Repeal of references to storage operators in section 43A 16 25. Conversion of bulk entitlement—MWC 16 26. Definitions for environmental entitlements 17 -- 1 of 240 -- Section Page ii 27. Insertion of new section 48BA 17 48BA. Authorisation of entitlement 17 28. Amendment of entitlement 17 29. Insertion of new section 48KA 18 48KA. Water allocations may be applied for other environmental entitlements 18 30. Assignment of water allocation under environmental entitlement 18 31. Further assignment of water allocation under environmental entitlement 19 32. Ministerial approvals 20 33. Insertion of new sections 48PA and 48PB 20 48PA. Applications under this Division 20 48PB. Power of environment Minister to delegate 20 34. Application for licence to go to Melbourne Water Corporation 21 35. Insertion of new section 61A 21 61A. Cancellation of licence where water share obtained in declared water system 21 36. Repeal of Division 3 of Part 4 21 37. Repeal of reference 21 38. Offence to use water without licence or registration 22 39. Further offences for water use 22 40. Obligations of Minister in granting water-use licences 22 41. Licence applications 22 42. Applications under section 64AI 22 43. Power to register water-uses 23 44. Applications for water-use registrations 23 45. Applications under section 64AU 23 46. Works licences 23 47. Application for works licence to go to Melbourne Water Corporation 24 48. Works licence conditions 24 49. Applications under section 73A 25 50. Insertion of new section 84JA 25 84JA. Recording of surrender of limited term transfer 25 51. Recording of survivor of joint owners of water share 25 52. Statute Law Revision 26 53. Statute Law Revision 26 54. Substitution of Part 6 26 PART 6—WATER CORPORATIONS 26 Division 1—Establishment, Restructuring, Abolition and Administration of Water Corporations 26 85. Establishment of water corporations 26 86. Application of Public Administration Act 2004 27 87. Restructuring of water corporations 27 -- 2 of 240 -- Section Page iii 88. Abolition of water corporations 28 89. Publication of determinations as to establishment, restructuring and abolition 28 90. Effect of Schedule 2 29 91. Appointment of administrator 29 Division 2—Functions, Powers, Duties and Objectives of Water Corporations 30 92. Functions, powers and duties of water corporations 30 93. Sustainable management principles for water corporations 31 94. Business objective for water corporations 32 Division 3—Boards of Directors 32 95. Board of directors 32 96. Other duties not affected 33 97. Appointment of members of board of directors 34 98. Terms and conditions of appointment of members of board of directors 34 99. Managing Director 35 100. When a member of the board of directors of a water corporation ceases to hold office 35 101. Removal from office of member of the board of directors 36 102. Acting Managing Director 37 103. Removal of managing director 37 104. Chairperson 37 105. Deputy chairperson 37 106. Acting appointments 38 107. Validity of decisions 38 108. Improper use of information 39 109. Effect of pecuniary interests 39 110. What constitutes a pecuniary interest? 42 111. Pecuniary interest does not prevent voting and consideration of some questions 45 112. Effect of finding of guilt for offence against section 109 45 113. Submission of returns by members of the board and nominated officers 46 114. Information to be disclosed in primary and ordinary returns 47 115. Water corporation to maintain register 50 116. Contracts of insurance 51 117. Allowances 51 118. Expenses 52 119. Employment of officers of water corporations 52 -- 3 of 240 -- Section Page iv 120. Meetings and proceedings at meetings of the boards of directors 54 121. Validity of decisions of board of directors of water corporation 55 122. Special meetings 56 122A. Resolutions without meetings 56 Division 4—Other Provisions Relating to Water Corporations 57 122B. Powers of delegation of water corporations 57 122C. Committees established by the board of directors of a water corporation 58 122D. Incorporated committees 60 122E. Regulation making powers 62 Division 5—Particular Water Corporations 62 122F. Additional function of Central Gippsland Region Water Corporation 62 PART 6A—DISTRICTS AND LAND MANAGEMENT AREAS 63 Division 1—Continuation of Districts 63 122G. Continuation of districts 63 122H. Waterway management district of Melbourne Water Corporation 64 122I. Transfer of assets on inclusion or diminution of land in waterway management district of Melbourne Water Corporation 65 Division 2—New Irrigation and Waterway Management Districts 66 122J. New irrigation districts 66 122K. New waterway management districts 67 Division 3—New and Extended Water Districts and Sewerage Districts and Extended Irrigation Districts and Waterway Management Districts 67 122L. Non-application of Division 67 122M. Submission of proposal for establishment or extension of district 67 122N. Restrictions on areas for which proposals for new or extended districts may be made 68 122O. Form of proposal 68 122P. Advertising proposal 69 122Q. Submissions 70 122R. Final determination of Authority 70 -- 4 of 240 -- Section Page v 122S. Ministerial determination 71 122T. Ministerial declaration 71 122U. Areas of interest 71 122V. Advertising proposal for declaration 72 122W. Powers of Authority in area of interest 72 Division 4—Changes to Existing Districts 73 122X. Non-application of Division 73 122Y. Power of Authorities to change districts 73 122Z. Power of Minister to change districts 74 Division 5—Environmental and Recreational Areas 75 122ZA. Environmental and recreational areas 75 122ZB. Functions of Authority in area 76 122ZC. Contributions by public authorities 77 122ZD. Revenue from land 77 122ZE. Limitation of exercise of powers under this Division 77 122ZF. Regulation making powers as to areas 77 PART 6B—DUTIES OF WATER CORPORATIONS 79 Division 1—Customer Dispute Resolution 79 122ZG. Customer dispute resolution 79 Division 2—Dividends 80 122ZH. Dividends 80 Division 3—Repayment of Capital 80 122ZI. Repayment of capital 80 Division 4—Annual Report 81 122ZJ. Information to be included in annual report 81 PART 6C—STORAGE MANAGERS 82 122ZK. Appointment of storage managers 82 122ZL. Functions of storage managers 82 122ZM. Management agreements for water storages 83 122ZN. Powers for storage managers to charge fees 84 55. Ministerial approval of abandonment or decommissioning of works 84 56. Insertion of new sections 139A to 139E 85 139A. Submission of proposal for approval of the abandonment or decommissioning of major works 85 139B. Notification of proposal to approve the abandonment or decommissioning of major works 85 -- 5 of 240 -- Section Page vi 139C. Submissions on proposal 86 139D. Authority to consider submissions 86 139E. Appointment of panel by Minister 87 57. Insertion of new section 141A 87 141A. Circumstances in which Melbourne Water Corporation to continue water supply 87 58. Serviced properties 88 59. Insertion of new section 144A 88 144A. Serviced property, Melbourne Water Corporation 88 60. Structures near works 89 61. Notice of intention to affect works 89 62. By-laws 89 63. Repeal of section 161 90 64. Repeal of reference 90 65. Insertion of new heading 90 66. Application of Division 1 of Part 8 90 67. Water supply functions not to include storage management functions 91 68. Insertion of new section 170CA 91 170CA. Requirement to publish permanent water saving plan 91 69. By-laws—to include power to serve infringement notices 91 70. Repeal of reference 93 71. Insertion of new Division 2 in Part 8 93 Division 2—Melbourne Water Corporation 93 171B. Water supply function of Melbourne Water Corporation 93 171C. System access 95 171D. Fire plugs and free water—Melbourne Water Corporation 96 171E. Power to enter land for water supply protection 97 171F. Notice of contravention for water supply protection 97 171G. Immediate action for water supply protection 98 171H. By-laws 98 171I. Limitation on power to make by-laws 100 72. Insertion of new division heading in Part 9 101 73. Substitution of section 172 101 172. Definitions 101 74. Functions of Authorities under Part 9 101 75. Repeal of reference 101 76. Repeal of reference 101 77. Insertion of new Division in Part 9 102 Division 2—Melbourne Water Corporation 102 184A. Sewerage functions of Melbourne Water Corporation 102 184B. Application of certain provisions of Division 1 of Part 9 103 -- 6 of 240 -- Section Page vii 78. Designated waterways—Authorities 103 79. Insertion of new section 188A 103 188A. Designated waterways, land or works—Melbourne Water Corporation 103 80. Repeal of redundant sections 105 81. Owner finance 106 82. Finance for increased use of services 106 83. Application of Division 3 of Part 10 106 84. Drainage functions of Melbourne Water Corporation 107 85. Application of Division 4 of Part 10 108 86. Floodplain management functions of Melbourne Water Corporation 108 87. Declarations of flood levels etc. 109 88. Declarations of floodway areas etc. 109 89. Notice of declaration 110 90. Control of works and structures 110 91. Removal of existing works and structures 110 92. Availability of information 110 93. Revision of outdated reference 110 94. Repeal of reference and Statute Law Revision 110 95. Powers of Authorities 111 96. Mortgagee consent 111 97. Documents to accompany applications under Part 11 111 98. Repeal of reference 111 99. Repeal of reference 112 100. Repeal of reference 112 101. Repeal of reference 112 102. Repeal of reference 112 103. Corporate plans 113 104. Insertion of new sections 250 and 251 113 250. Board to notify Minister and Treasurer of significant affecting events etc. 113 251. Report on achievement of corporate plan 114 105. Borrowing power of Melbourne Water Corporation 114 106. Definitions—Division 5 of Part 13 114 107. Properties subject to tariff 115 108. Tariffs 116 109. Repeal of certain requirements as to tariffs 116 110. Repeal of section 260A(2) 117 111. Power to fix fees under tariffs by reference to valuations used for price determinations 117 112. Insertion of section heading 118 113. Grounds for applications for review 118 114. Insertion of new section 266A 118 266A. Definition 118 115. Review of required payments 119 -- 7 of 240 -- Section Page viii 116. Application of Division 7 119 273AA. Application of Division 119 117. Time period for payment of fees under tariffs 119 118. Insertion of new Division 7A of Part 13 120 Division 7A—Payment and Recovery of Money Owed to Melbourne Water Corporation 120 281A. Agreements with respect to collection of fees under tariffs 120 281B. Recovery of fees under tariffs 121 281C. Inspection of rate records 122 119. Application of proceeds of disposal of water share 122 120. Insertion of new Parts 13A and 13B 123 PART 13A—PROCESS FOR TRANSFER OF PROPERTY ETC. OF AUTHORITIES 123 287E. Definitions 123 287F. Application to Minister for approval of transfer proposal 124 287G. Amendment of allocation statement 125 287H. Property transferred in accordance with allocation statement 126 287I. Staff transferred in accordance with allocation statement 126 287J. Allocation of property etc. subject to encumbrances 127 287K. Certificate of managing director 127 287L. Value of transferred property 128 287M. Substitution of party to agreement 128 287N. Former transferor instruments 129 287O. Proceedings 129 287P. Interests in land 129 287Q. Easements 130 287R. Amendment of Register 130 287S. Taxes 130 287T. Evidence 131 287U. Validity of things done under this Part 131 PART 13B—PROCEDURES FOR MAKING BY-LAWS 132 Division 1—Preliminary 132 287V. Definitions 132 287W. Authorities required to use certain procedures when making by-laws 133 -- 8 of 240 -- Section Page ix Division 2—Procedure for Making By-laws Using Model By-laws 133 287X. Requirements for Minister when issuing model by-laws 133 287Y. Minister to give notice of proposed model by-law 133 287Z. Inspection of proposed model by-law 134 287ZA. Submissions on model by-laws 134 287ZB. Issuing of model by-laws 135 287ZC. Making and giving of notice of making of by-law using model by-law 135 Division 3—Procedure for Making By-laws Not Using Model By-laws 136 287ZD. Obligation of Authorities when exercising by-law making power 136 287ZE. Authority to give notice of proposed by-law 136 287ZF. Inspection of proposed by-law 137 287ZG. Submissions on by-laws 137 287ZH. Consideration and Ministerial approval 138 287ZI. Making and giving of notice of making 138 Division 4—General 139 287ZJ. Effect of by-laws 139 287ZK. Inspection of by-laws 139 287ZL. Automatic revocation of by-laws 140 121. Insertion of new section 295A 140 295A. Power to issue infringement notices 140 122. Service of documents 141 123. Incorporation of plans etc. in other instruments 141 124. Change of cross-reference 142 125. Ministerial directions 142 126. Insertion of new section 307A 143 307A. Reimbursement of cost of complying with directions 143 127. Guidelines as to terms and conditions of employment 144 128. Insertion of new section 324A 144 324A. Powers to make regulations as to elections 144 129. Insertion of new sections 325A and 330A 146 325A. Effect of Schedule 15 146 330A. Effect of Schedule 16 146 130. Insertion of new sections 332 and 333 146 332. Transitional and validation provision—Longwarry Drainage Trust 146 333. Amendment of Register 148 131. Substitution of Schedule 1 149 SCHEDULE 1—Water Corporations and Former Water Authorities 149 -- 9 of 240 -- Section Page x 132. Substitution of Schedule 2 150 SCHEDULE 2—Transitional Provisions Applying on Restructuring or Abolition of Water Corporations 150 133. Substitution of Schedule 3 153 SCHEDULE 3—Particular Powers of Melbourne Water Corporation 153 134. Amendment of Schedule 6—First Mildura Irrigation Trust 153 135. Repeal of Schedules relating to former bodies 155 136. Repeal of Schedules 11 and 12 155 137. Amendment of Schedule 12A—mortgages 155 138. Schedule 15, amendment of definition of owner 155 139. Schedule 15, conversion of prior joint right 155 140. Schedule 15, conversion of prior water right 156 141. Amendment of Schedule 15—correction of reference 156 142. Schedule 15, conversion of prior domestic and stock right 156 143. Amendment of Schedule 15—correction of reference 156 144. Schedule 15, holdings to which no rights apply 156 145. Schedule 15, serviced property 156 146. Schedule 15, mortgages 157 147. Schedule 15, works licences 158 148. Insertion of new Schedule 16 158 SCHEDULE 16—Transitional Arrangements Water (Governance) Act 2006 158 PART 3—AMENDMENTS TO THE CATCHMENT AND LAND PROTECTION ACT 1994 168 149. Definitions 168 150. Amendment of headings 169 151. Substitution of sections 11 to 14 169 Division 3—Catchment Management Authorities 169 11. Establishment of Authorities 169 12. Functions powers and duties of Authorities 170 13. Appointment of administrator 172 14. Application of Public Administration Act 2004 174 Division 4—Boards 174 15. Board 174 16. Function of boards 175 17. Terms and conditions of appointment of members of boards 176 18. Appointment of chairperson 176 18A. Deputy chairperson 176 -- 10 of 240 -- Section Page xi 18B. Acting appointments 177 18C. When a member ceases to hold office 177 18D. Removal from office of member 178 18E. Validity of decisions 178 18F. Improper use of information 179 18G. Effect of pecuniary interests 179 18H. What constitutes a pecuniary interest? 182 18I. Pecuniary interest does not prevent voting and consideration of some questions 184 18J. Effect of finding of guilt for offence against section 18G 185 18K. Submission of returns by members and nominated officers 186 18L. Information to be disclosed in primary and ordinary returns 187 18M. Authority to maintain a register 189 18N. Proceedings of the board of an Authority 190 18O. Special meetings 191 18P. Resolutions without meetings 192 18Q. Allowances 193 18R. Expenses 193 152. Repeal of redundant heading 193 153. Immunity 193 154. Insertion of new Division 5 of Part 2 of the Catchment and Land Protection Act 1994 194 Division 5—Other Provisions Relating to Catchment Management Authorities 194 19A. Power of Minister to give directions 194 19B. Annual report 195 19C. Corporate plans 195 19D. Statement of corporate intent: contents 196 19E. Statements of obligations of Authorities 197 19F. Powers of delegation of an Authority 198 19G. Chief Executive Officer 199 19H. Delegation of powers of Chief Executive Officer 199 19I. Employment of officers of Authorities 200 19J. Committees established by Authorities 200 155. Repeal of section 30(4) 201 156. Amendment of Part heading 201 157. Insertion of new section 95A 202 95A. Incorporation of documents in certain subordinate instruments 202 -- 11 of 240 -- Section Page xii 158. Substitution of sections 96 to 102 202 96. Definition 202 97. Validation of certain orders or other instruments 202 98. Catchment Management Authorities deemed to be the same body 203 159. Consequential repeal of Schedules 1, 4 and 6 205 PART 4—AMENDMENT AND REPEAL OF OTHER ACTS 206 160. Delegations to Catchment Management Authorities— Conservation, Forests and Lands Act 1987 206 161. Insertion of new section 7AB in the Limitation of Actions Act 1958 206 7AB. No title by adverse possession against water authorities etc. 206 162. Repeal of Melbourne Water Corporation Act 1992 207 163. Repeal of Melbourne and Metropolitan Board of Works Act 1958 207 164. Repeal of reference to water authorities in Public Authorities (Dividends) Act 1983 207 165. Amendment of Road Management Act 2004 207 166. Insertion of new section 60A in the Water Industry Act 1994 208 60A. Power to issue infringement notices 208 167. Insertion of new section 77A in the Water Industry Act 1994 208 77A. Annual report of certain information to be given to Minister and tabled 208 168. Plan to contain 4 stages of restrictions and prohibitions— section 78B of Water Industry Act 1994 209 169. Implementation of plan—section 78G of Water Industry Act 1994 210 170. Section 78H substituted and new section 78HA inserted in Water Industry Act 1994 211 78H. Contravention of plan 211 78HA. Power to serve an infringement notice 213 171. Amendment of Water (Resource Management) Act 2005— payment of compensation 215 172. Amendment of Valuation of Land Act 1960 216 173. Effect of Schedule 216 PART 5—AMENDMENTS TO THE WERRIBEE SOUTH LAND ACT 1991 217 174. Long-term marina development leases 217 175. Effect of Schedule 2 217 __________________ -- 12 of 240 -- Section Page xiii SCHEDULES 218 SCHEDULE 1—Consequential Amendments 218 SCHEDULE 2—Amendment to Werribee South Land Act 1991 226 ═══════════════ ENDNOTES 227 -- 13 of 240 -- 1 Water (Governance) Act 2006 † [Assented to 17 October 2006] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to amend the Water Act 1989 to make provision for water corporations and to make other amendments to that Act; and (b) to amend the Catchment and Land Protection Act 1994 to make further provision in relation to Catchment Victoria No. 85 of 2006 -- 14 of 240 -- Part 1—Preliminary Water (Governance) Act 2006 Act No. 85/2006 2 Management Authorities and to make other amendments to that Act; and (c) to repeal the Melbourne and Metropolitan Board of Works Act 1958 and the Melbourne Water Corporation Act 1992; and (d) to make amendments to the Conservation, Forests and Lands Act 1987, the Limitation of Actions Act 1958, the Public Authorities (Dividends) Act 1983, the Road Management Act 2004, the Water Industry Act 1994, the Valuation of Land Act 1960 and the Water (Resource Management) Act 2005; and (e) to amend the Werribee South Land Act 1991 to make further provision for leasing powers under that Act and to make other related amendments to that Act. 2. Commencement (1) Section 1, this section and section 161 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 July 2007, it comes into operation on that day. __________________ s. 2 -- 15 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 3 PART 2—AMENDMENTS TO THE WATER ACT 1989 3. Definitions In section 3(1) of the Water Act 1989— (a) insert the following definitions ' "area of interest", in relation to a water corporation, means an area of land that is declared to be an area of interest under section 122U; "biosolids" means stabilised organic solids derived from the treatment of sewage; "board of directors" means— (a) in relation to a water corporation, the board of directors established under Division 3 of Part 6 for that corporation; and (b) in relation to a Catchment Management Authority, the board established under Division 4 of Part 2 of the Catchment and Land Protection Act 1994 for that Authority; "Central Gippsland Region Water Authority" means the Central Gippsland Region Water Authority constituted by Order made on 16 December 1994 by the Minister and published in the Government Gazette on 19 December 1994; "central plan office" means the Central Plan Office of the Department of Sustainability and Environment; See: Act No. 80/1989. Reprint No. 8 as at 3 August 2006 and amending Act Nos 79/2005 and 99/2005. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 16 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 4 "designated land" means land that— (a) in relation to an Authority, other than Melbourne Water Corporation, is declared under section 188 as designated land; and (b) in relation to Melbourne Water Corporation, is designated land under section 188A; "designated waterway" means a waterway that— (a) in relation to an Authority, other than Melbourne Water Corporation, is declared under section 188 as a designated waterway; and (b) in relation to Melbourne Water Corporation, is a designated waterway under section 188A; "designated works" means works that— (a) in relation to an Authority, other than Melbourne Water Corporation, are declared under section 188 as designated works; and (b) in relation to Melbourne Water Corporation, are designated works under section 188A, or are declared as designated works under that section; "environment Minister" means the Minister administering Part 4 of the Catchment and Land Protection Act 1994; s. 3 -- 17 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 5 "First Mildura Irrigation Trust" means the water corporation known as First Mildura Irrigation Trust; "municipal district", in relation to a Council, has the same meaning as in the Local Government Act 1989; "nominated officer" means each senior officer of a water corporation who is nominated by the water corporation; "return period", in relation to the ordinary return of a member of the board of directors of a water corporation or a nominated officer in section 114, means— (a) if the last return of the member or nominated officer was a primary return, the period between the date of the primary return and the next 30 June; or (b) if the last return of the member or nominated officer was an ordinary return, the period between the date of the ordinary return and the next 30 June; "storage manager" means— (a) where an Authority is appointed under Part 6C as a storage manager, the Authority in relation to any land for which it is so appointed; (b) in any other case, an Authority where it is exercising the functions of a storage manager under Part 8; s. 3 -- 18 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 6 "water corporation" means a water corporation established or re-structured under Division 1 of Part 6;'; (b) for the definition of "Authority" substitute— ' "Authority" means a water corporation or a Catchment Management Authority;'; (c) in the definition of "domestic partner", in paragraph (a) for "93 and 95" substitute "110 and 114"; (d) the definition of "election" is repealed; (e) for the definition of "irrigation district" substitute— ' "irrigation district", in relation to an Authority, means— (a) any district that the Authority is deemed to have as an irrigation district under Division 1 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; and (b) any district that is declared to be an irrigation district of the Authority under Division 2 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A;'; s. 3 -- 19 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 7 (f) for the definition of "Melbourne Water" substitute— ' "Melbourne Water Corporation" means the water corporation known as Melbourne Water Corporation;'; (g) the definition of "member" is repealed; (h) the definition of "secretary" is repealed; (i) in the definition of "serviced property", after paragraph (g) insert— "(h) in relation to the waterway management district of Melbourne Water Corporation, means any land that is serviced property under section 144A;"; (j) for the definition of "sewerage district" substitute— ' "sewerage district", in relation to an Authority, means— (a) any district that the Authority is deemed to have as a sewerage district under Division 1 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; and (b) any district that is declared to be a sewerage district of the Authority under Division 3 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A;'; s. 3 -- 20 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 8 (k) for the definition of "water allocation" substitute— ' "water allocation"— (a) in relation to an environmental entitlement, means the volume of water determined under a seasonal determination to be available for the entitlement; (b) in relation to a water share, means the amount of water allocated to the water share at any particular time, in accordance with Division 7 of Part 3A;'; (l) for the definition of "water district" substitute— ' "water district", in relation to an Authority, means— (a) any district that the Authority is deemed to have as a water district under Division 1 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; and (b) any district that is declared to be a water district of the Authority under Division 3 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A;'; s. 3 -- 21 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 9 (m) for the definition of "waterway management district" substitute— ' "waterway management district", in relation to an Authority, means— (a) any district that the Authority is deemed to have as a waterway management district under Division 1 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A; and (b) any district that is declared to be a waterway management district of the Authority under Division 3 of Part 6A, and (where the case so requires) any such district as extended or changed under Part 6A;'. 4. Repeal of reference Sections 9(1)(b) and 9(1)(c) of the Water Act 1989 are repealed. 5. Repeal of reference In section 22M(a) of the Water Act 1989 omit "or Catchment Management Authority". 6. Copy of management plan to be given to Melbourne Water Corporation In section 32C(2) of the Water Act 1989— (a) in paragraph (b), for "in the area." substitute "in the area; and"; (b) at the end of the sub-section insert— "(c) Melbourne Water Corporation, if the area is wholly or partly in the waterway management district of Melbourne Water Corporation.". s. 4 -- 22 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 10 7. Statute Law Revision In section 32G(2)(c) of the Water Act 1989, for "that amendment" substitute "amendment". 8. Transfer of ownership of water share For section 33S(2)(b) of the Water Act 1989 substitute— "(b) in any other case, one of the owners of the water share must not transfer his or her ownership of the water share without the consent of each of the other owners of the water share.". 9. Limited term transfers (1) In section 33T(1) of the Water Act 1989, after "water-use registration" insert "or of land in another State or a Territory of the Commonwealth". (2) After section 33T(4) of the Water Act 1989 insert— "(5) The holder of a limited term transfer may surrender the limited term transfer.". 10. Assignments of water allocations under water shares (1) In section 33U(1) of the Water Act 1989, for "to a person who is the owner or occupier of land specified in a water-use licence or water-use registration" substitute— "to— (a) a person who is the holder of a bulk entitlement; or (b) a person who is the owner or occupier of land specified in a water-use licence or water-use registration; or s. 7 -- 23 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 11 (c) a person who is the owner or occupier of land in another State or a Territory of the Commonwealth; or (d) a person who represents the Crown in right of another State or a Territory of the Commonwealth; or (e) the environment Minister on behalf of the Crown.". (2) After section 33U(1) of the Water Act 1989 insert— "(1A) A person who, as a result of the operation of section 33S(3), has a water allocation available to that person, may assign the whole or a part of the water allocation to— (a) a person who is the holder of a bulk entitlement; or (b) a person who is the owner or occupier of land specified in a water-use licence or water-use registration; or (c) a person who is the owner or occupier of land in another State or a Territory of the Commonwealth; or (d) a person who represents the Crown in right of another State or a Territory of the Commonwealth; or (e) the environment Minister on behalf of the Crown.". (3) In section 33U(3) of the Water Act 1989, for "water allocations under the water share" substitute "water under the water allocation under the water share". (4) In section 33U(4) of the Water Act 1989, for "the taking of water" substitute "water to be received". s. 10 -- 24 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 12 11. Further assignments of water allocations under water shares (1) In section 33V(1) of the Water Act 1989, for "the assigned water allocation to the owner or occupier of land specified in a water-use licence or water-use registration" substitute— "the assigned water allocation to— (a) a person who is the holder of a bulk entitlement; or (b) a person who is the owner or occupier of land specified in a water-use licence or water-use registration; or (c) a person who is the owner or occupier of land in another State or a Territory of the Commonwealth; or (d) a person who represents the Crown in right of another State or a Territory of the Commonwealth; or (e) the environment Minister, on behalf of the Crown.". (2) After section 33V(2) of the Water Act 1989 insert— "(3) An assignment under this section entitles the holder of the assignment to receive water under the water allocation under the water share from the date specified in the assignment.". 12. Ministerial approval for transfers etc. (1) In section 33X(3) of the Water Act 1989, after "sub-section (1)" insert "(a)". (2) In section 33X(5) of the Water Act 1989, for "this section" substitute "sub-section (1)(a) or (b)". s. 11 -- 25 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 13 13. Division of water shares For section 33Y(2) and (3) of the Water Act 1989 substitute— "(2) In granting an application under sub- section (1), the Minister must consider any relevant rules made under Division 13. (3) On the division of a water share under sub- section (1), any mortgage that applied to the water share immediately before that division is, on and from the division, deemed to apply— (a) in the case of the cancellation of the old share under sub-section (1)(a), to each new share that is issued; or (b) in the case of the variation of one share and the issue of one or more new shares under sub-section (1)(b), to the share that is varied and to each new share that is issued.". 14. Consolidation of water shares Section 33Z(3)(b) of the Water Act 1989 is repealed. 15. Insertion of new section 33ABA After section 33AB of the Water Act 1989 insert— "33ABA. Cancellation where rights outside declared water system are obtained (1) A person who is the owner of a water share may apply to the Minister for the water share to be cancelled on the issuing of a right in a non-declared water system. (2) The Minister, in cancelling a water share under this section must consider any relevant rules under Division 13.". s. 13 -- 26 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 14 16. Service provision fees For section 33AJ(1) of the Water Act 1989 substitute— "(1) Each Authority that provides services to the owners of water shares, that are services provided in relation to the water shares may make a determination for or with respect to fees to be paid by the owner of the water share for the provision of those services including but not limited to— (a) obligations as to the payment of any such fees; and (b) the amount of any such fees.". 17. Statute Law Revision In section 33AR(6) of the Water Act 1989, for "sub-section (4)" substitute "sub-section (1)". 18. Obligations on cessation of ownership or occupation of land In section 33AS(3) of the Water Act 1989, for "who owns an associated water share in respect of which notice has been given to the Minister under this section" substitute "who owns a water share that is an associated water share, who ceases to be the owner or occupier of the land that is associated with the water share". 19. Obligations on cancellation of water-use registration (1) In the heading to section 33AU of the Water Act 1989, omit "revocation or". (2) In section 33AU(1) of the Water Act 1989— (a) in paragraph (a), omit "revoked or"; (b) in paragraph (b)(ii), omit "or revocation". s. 16 -- 27 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 15 20. Substitution of section 33AV For section 33AV of the Water Act 1989 substitute— "33AV. Effect of death of owner of water share or holder of limited term transfer (1) On the death of a person who is the sole owner of a water share, the share forms part of the estate of that person. (2) On the death of a person who owns a water share as a joint tenant with other persons, the remaining owners of the water share become the joint owners of the share. (3) On the death of a person who owns a water share as a tenant in common with other persons, that person's portion of the water share becomes part of the estate of that person. (4) On the death of a person who is the sole holder of a limited term transfer, the transfer forms part of the estate of that person. (5) On the death of a person who holds a limited term transfer as a joint tenant with other persons, the remaining holders of the limited term transfer become the joint holders of the transfer. (6) On the death of a person who holds a limited term transfer as a tenant in common with other persons, that person's portion of the limited term transfer becomes part of the estate of that person.". s. 20 -- 28 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 16 21. Application of Division 1 of Part 4—MWC After section 35(2) of the Water Act 1989 insert— "(3) Melbourne Water Corporation may, in relation to any entitlement to take water that it has and that is continued by clause 14 of Schedule 16, apply in accordance with section 47 to have that entitlement converted to an entitlement under this Division.". 22. Application for bulk entitlement—MWC Section 36(1)(d) of the Water Act 1989 is repealed. 23. Repeal of reference to storage operator in section 43 In section 43(c) of the Water Act 1989, for "operator" substitute "manager". 24. Repeal of references to storage operators in section 43A (1) For the heading to section 43A of the Water Act 1989 substitute— "Appointment of resource managers and environmental managers". (2) Section 43A(1)(a) of the Water Act 1989 is repealed. 25. Conversion of bulk entitlement—MWC In section 47(1) of the Water Act 1989, after "35(2)" insert "or section 35(3)". s. 21 -- 29 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 17 26. Definitions for environmental entitlements In section 48A of the Water Act 1989— (a) insert the following definition— ' "apply", in relation to water, includes the taking or use of water;'; (b) the definition of "environment Minister" is repealed. 27. Insertion of new section 48BA After section 48B of the Water Act 1989 insert— "48BA. Authorisation of entitlement An environmental entitlement authorises— (a) the holder of the entitlement to apply any water allocation under the entitlement (other than a water allocation that has been assigned under section 48L or 48M) for the purpose set out in section 48B(2); or (b) a person to whom a water allocation has been assigned under section 48L or 48M to apply any water allocation that has been assigned to that person for any purpose (whether or not it is a purpose set out in section 48B(2)).". 28. Amendment of entitlement For section 48K(1), (2) and (3) substitute— "(1) The Minister, at the request of the environment Minister, may amend an entitlement under this Division. (2) The environment Minister must not request an amendment to an entitlement under this Division unless he or she is of the opinion s. 26 -- 30 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 18 that the amendment would benefit the environmental water reserve. (3) An amendment to an entitlement under this section must be made by instrument and published in the Government Gazette.". 29. Insertion of new section 48KA After section 48K of the Water Act 1989 insert— "48KA. Water allocations may be applied for other environmental entitlements The environment Minister, after consulting the Minister, may apply a water allocation (that has been determined by an Authority for an environmental entitlement in a water system) for the purposes of an environmental entitlement that is not the environmental entitlement in the water system for which the water allocation was determined.". 30. Assignment of water allocation under environmental entitlement (1) In the heading to section 48L of the Water Act 1989, for "allocation of water" substitute "water allocation". (2) For section 48L(1) of the Water Act 1989 substitute— "(1) The environment Minister may, by instrument, assign the whole or a part of a water allocation available under an environmental entitlement (at the time at which the assignment is made) to— (a) a person who is the owner or occupier of land specified in a water-use licence or water-use registration; or s. 29 -- 31 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 19 (b) a person who is the owner or occupier of land in another State or a Territory of the Commonwealth; or (c) a person who represents the Crown in the right of another State or a Territory of the Commonwealth; or (d) a person who is the holder of a bulk entitlement. (1A) The environment Minister must not make an assignment under sub-section (1) unless he or she has first obtained the approval of the Minister for the assignment. (1B) An assignment under this section entitles the holder of the assignment to receive water under the water allocation under the environmental entitlement from the date specified in the assignment.". 31. Further assignment of water allocation under environmental entitlement (1) In section 48M of the Water Act 1989, for "an allocation of water" substitute "a water allocation". (2) At the end of section 48M of the Water Act 1989 insert— "(2) An assignment under this section entitles the holder of the assignment to receive water under the water allocation under the environmental entitlement from the date specified in the assignment.". s. 31 -- 32 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 20 32. Ministerial approvals (1) For section 48O(1) of the Water Act 1989 substitute— "(1) The Minister may— (a) on a request from the environment Minister, approve the assigning of a water allocation for the purposes of section 48L; or (b) on an application by a person, approve the assigning of a water allocation for the purposes of section 48M.". (2) Section 48O(4) of the Water Act 1989 is repealed. 33. Insertion of new sections 48PA and 48PB After section 48P of the Water Act 1989 insert— "48PA. Applications under this Division An application under this Division— (a) must be in the form and made in the manner approved by the Minister; and (b) must be accompanied by the prescribed fee. 48PB. Power of environment Minister to delegate The environment Minister may delegate, by instrument, any of the environment Minister's functions, powers or duties under this Division other than this power of delegation, to— (a) a Catchment Management Authority; or (b) Melbourne Water Corporation; or s. 32 -- 33 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 21 (c) the Chief Executive of Parks Victoria; or (d) the Department Head.". 34. Application for licence to go to Melbourne Water Corporation For section 51B(c) of the Water Act 1989 substitute— "(c) Melbourne Water Corporation, if the dam is or will be located in the waterway management district of Melbourne Water Corporation; and". 35. Insertion of new section 61A After section 61 of the Water Act 1989 insert— "61A. Cancellation of licence where water share obtained in declared water system (1) The holder of a licence issued under section 51 may apply to the Minister for the licence to be cancelled on the issuing of a water share in a declared water system. (2) In cancelling a licence under this section, the Minister must have regard to any relevant rules made under this Division.". 36. Repeal of Division 3 of Part 4 Division 3 of Part 4 of the Water Act 1989 is repealed. 37. Repeal of reference In section 64I(1) of the Water Act 1989, for "sections 160 and 161" substitute "section 160". s. 34 -- 34 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 22 38. Offence to use water without licence or registration (1) In section 64J(1) of the Water Act 1989, for ", being water that is authorised to be taken under Part 3A," substitute ", being water that is from a declared water system,". (2) In section 64J(2) of the Water Act 1989, for ", being water that is authorised to be taken under Part 3A," substitute ", being water that is from a declared water system,". 39. Further offences for water use (1) In section 64K(1) of the Water Act 1989 for "under a water share under Part 3A" substitute "under Part 3A or under an assignment under section 48L or 48M". (2) In section 64K(3)(c) of the Water Act 1989, for "prescribed documents and information" substitute "documents or information required by the Minister". 40. Obligations of Minister in granting water-use licences Section 64N(a) of the Water Act 1989 is repealed. 41. Licence applications In section 64P(d) of the Water Act 1989 for "the prescribed fee" substitute "the fee determined by the Minister". 42. Applications under section 64AI For sections 64AI(1)(c) and 64AI(1)(d) of the Water Act 1989 substitute— "(c) be accompanied by any prescribed documents or prescribed information or information or documents required by the Minister; and s. 38 -- 35 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 23 (d) be accompanied by the fee determined by the Minister.". 43. Power to register water-uses In section 64AP of the Water Act 1989 for "(authorised to be taken under Part 3A)" substitute ", being water that is from a declared water system,". 44. Applications for water-use registrations In section 64AR(2)(d) of the Water Act 1989 for "the prescribed fee" substitute "the fee determined by the Minister". 45. Applications under section 64AU In section 64AU(3) of the Water Act 1989— (a) in paragraph (c), for "prescribed document or prescribed information" substitute "documents or information required by the Minister"; (b) in paragraph (d), for "the prescribed fee" substitute "the fee determined by the Minister". 46. Works licences After section 67(2) of the Water Act 1989 insert— "(3) This section does not apply to the abandonment or decommissioning of any works of an Authority, if the works are major works. (4) After consultation with the Minister administering the Conservation, Forests and Lands Act 1987, a licence issued under this section may include authority to enter on any Crown land other than land which is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act s. 43 -- 36 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 24 1993 and to install and operate works on that land, under the licence, for the purpose of raising water. (5) The licensee is liable to compensate any person who suffers any pecuniary loss as a direct, natural and reasonable consequence of the exercise of an authority granted under sub-section (4). (6) The amount of compensation payable is as agreed by the parties or, in the absence of agreement, as determined by the Tribunal.". 47. Application for works licence to go to Melbourne Water Corporation For section 67A(d) of the Water Act 1989 substitute— "(d) Melbourne Water Corporation, if the dam is or will be located in the waterway management district of Melbourne Water Corporation; and". 48. Works licence conditions After section 71(1) of the Water Act 1989 insert— "(1A) In addition to any conditions to which a licence under section 67 is subject under sub- section (1), a licence under section 67 is subject to conditions that are prescribed or fixed by the Minister relating to— (a) the maximum amounts of water which may be taken in particular periods or circumstances from any bore or works to which the licence relates; or (b) the installation and use of measuring devices and pumps; or s. 47 -- 37 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 25 (c) the operation of any bore or works (to which the licence relates) for extracting water from waterways.". 49. Applications under section 73A In section 73A(3) of the Water Act 1989— (a) in paragraph (c), for "prescribed document or prescribed information" substitute "documents or information required by the Minister"; (b) in paragraph (d), for "the prescribed fee" substitute "the fee determined by the Minister". 50. Insertion of new section 84JA After section 84J of the Water Act 1989 insert— "84JA. Recording of surrender of limited term transfer (1) If the holder of a limited term transfer surrenders the limited term transfer, that person may lodge with the Registrar a document for a recording of the surrender to be made in the water register in respect of the water share that is the subject of the limited term transfer. (2) A document lodged under sub-section (1) must be in the approved form.". 51. Recording of survivor of joint owners of water share For section 84L(3) of the Water Act 1989 substitute— "(3) On being satisfied as to proof of the death of a joint owner of a water share, the Registrar may make a recording of the transmission by survivorship.". s. 49 -- 38 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 26 52. Statute Law Revision In section 84ZB(4)(c) of the Water Act 1989, for "section 33AB" substitute "section 33AAB". 53. Statute Law Revision In section 84ZG(a) of the Water Act 1989, for "section 33AC" substitute "section 33S". 54. Substitution of Part 6 For Part 6 of the Water Act 1989 substitute— 'PART 6—WATER CORPORATIONS Division 1—Establishment, Restructuring, Abolition and Administration of Water Corporations 85. Establishment of water corporations (1) There are established water corporations each of which is to be known by a name set out in an item in Column 1 of the table in Schedule 1. (2) The Minister may, by determination, with the approval of the Treasurer, establish a water corporation, if the Minister is satisfied that it is necessary to do so for the purposes of section 87, which is to be known by the name set out in the determination. (3) Each water corporation established under this section— (a) is a body corporate with perpetual succession; and (b) has an official seal; and (c) may sue and be sued; and (d) may acquire, hold or dispose of real and personal property; and s. 52 -- 39 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 27 (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (4) All courts must take judicial notice of the seal of a water corporation affixed to a document and, until the contrary is proved, must presume that it was duly affixed. (5) The official seal of each water corporation must be kept in the custody that is directed by the water corporation and must not be used, except as authorised by the water corporation. 86. Application of Public Administration Act 2004 The Public Administration Act 2004 applies to each water corporation as if that water corporation were a public entity, but not a small entity, within the meaning of that Act, established on or after the commencement of Part 5 of that Act. 87. Restructuring of water corporations (1) The Minister may, by determination, with the approval of the Treasurer appoint a water corporation to take over the whole or any part of the functions, powers and duties of another water corporation under this Act. (2) The Minister must not make a determination under sub-section (1) unless— (a) the Minister has reached agreement with each water corporation that is affected by the determination as to the terms and conditions of the determination; or s. 54 -- 40 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 28 (b) the Minister has before making such a determination— (i) given reasons for the determination to all water corporations affected by the determination; and (ii) laid a copy of the reasons for the determination before both Houses of the Parliament. (3) If the water corporation to which section 95(2) applies is restructured under this section, section 95(1) applies to the restructured water corporation and section 95(2) does not apply. 88. Abolition of water corporations (1) The Minister may, by determination, with the approval of the Treasurer, abolish a water corporation. (2) The Minister must not make a determination under sub-section (1) unless— (a) a petition is delivered by a majority of the persons subject to a tariff within the water, sewerage, waterway management and irrigation districts (if any) of the water corporation to the Minister requesting the abolition of the water corporation; or (b) the water corporation has no functions to perform. 89. Publication of determinations as to establishment, restructuring and abolition The Minister must publish a determination under section 85(2), 87 or 88 in the Government Gazette. s. 54 -- 41 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 29 90. Effect of Schedule 2 Schedule 2 has effect with respect to any determination made under section 87 or 88. 91. Appointment of administrator (1) The Minister may, by determination, appoint an administrator to carry out the functions of a water corporation, if the water corporation has failed to comply with a direction of the Minister under section 307. (2) A determination of the Minister under sub- section (1)— (a) must specify the term for which the Administrator is appointed, which must be not more than 12 months; and (b) must set out reasons for the actions proposed in it; and (c) must be published in the Government Gazette; and (d) must be laid by the Minister before both Houses of Parliament within 5 sitting days of each House after the determination is made. (3) During the period for which an administrator is appointed under this section, the administrator acts in substitution for the board of directors in performing the functions and duties of the water corporation. (4) Any defect in relation to the appointment of the administrator does not invalidate that appointment or anything done by the administrator. s. 54 -- 42 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 30 (5) On the expiry of a determination under this section the Minister must determine whether or not to— (a) reinstate to his or her office each member of the board of directors of the water corporation whose term has not expired; or (b) dismiss each member of the board of directors of the water corporation. (6) The administrator goes out of office— (a) if members are reinstated under sub- section (5)(a), at the time of that reinstatement; or (b) if all the members are dismissed under sub-section (5)(b), on the appointment of new members— as the case requires. (7) If the term of appointment of the administrator expires and a determination under sub-section (5) has not been made, members of the board of directors of the water corporation whose term has not expired, are reinstated. Division 2—Functions, Powers, Duties and Objectives of Water Corporations 92. Functions, powers and duties of water corporations (1) Each water corporation has the functions, powers and duties conferred on it by or under this or any other Act. s. 54 -- 43 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 31 (2) In addition to any other functions conferred on a water corporation by or under this or any other Act, a water corporation has the functions of— (a) investigating, promoting and conducting research into any matter relating to its other functions, its powers and its duties; and (b) educating the community about its functions. (3) Schedule 3 has effect with respect to Melbourne Water Corporation. 93. Sustainable management principles for water corporations Each water corporation, in performing its functions, exercising its powers and carrying out its duties must have regard to the following principles— (a) the need to ensure that water resources are conserved and properly managed for sustainable use and for the benefit of present and future generations; and (b) the need to encourage and facilitate community involvement in the making and implementation of arrangements relating to the use, conservation and management of water resources; and (c) the need to integrate both long term and short term economic, environmental, social and equitable considerations; and (d) the need for the conservation of biological diversity and ecological integrity to be a fundamental consideration; and s. 54 -- 44 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 32 (e) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty as to measures to address the threat should not be used as a reason for postponing such measures. 94. Business objective for water corporations Each water corporation, in performing its functions, exercising its powers and carrying out its duties has the objective that the water corporation must act as efficiently as possible consistent with commercial practice. Division 3—Boards of Directors 95. Board of directors (1) Subject to sub-section (2), each water corporation must have a board of directors consisting of— (a) not less than 2 and not more than 8 directors appointed by the Minister, or, in the case of Melbourne Water Corporation, appointed by the Minister together with the Treasurer (of whom one is to be appointed as chairperson under section 104); and (b) the managing director of the water corporation. (2) The First Mildura Irrigation Trust must have a board of directors consisting of— (a) 6 directors elected by the owners or occupiers of rateable land within the irrigation district of the Authority in accordance with Schedule 6 and any regulations made under section 324A s. 54 -- 45 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 33 (of whom one is to be appointed as chairperson under section 104); and (b) the managing director of the First Mildura Irrigation Trust. (3) For the purposes of sub-section (1)(a), the Minister, or in the case of Melbourne Water Corporation, the Minister together with the Treasurer, may from time to time, by instrument, determine the number of directors for each water corporation. (4) The board of directors of a water corporation— (a) is responsible for— (i) the strategic planning of the corporation; and (ii) the management of the affairs of the corporation; and (b) may exercise the powers of the corporation. (5) When acting under sub-section (4), the board of directors of a water corporation must do so having regard to the principles set out in section 93 and the objective set out in section 94. 96. Other duties not affected This Part has effect in addition to and not in derogation of, any Act or law relating to the criminal or civil liability of directors and does not prevent the institution of any criminal or civil proceedings in respect of such a liability. s. 54 -- 46 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 34 97. Appointment of members of board of directors In appointing persons to be members of the board of directors of a water corporation, the Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, must ensure that each person so appointed has qualifications and experience that are relevant to the operations of the water corporation. 98. Terms and conditions of appointment of members of board of directors (1) A member of the board of directors of a water corporation holds office, subject to this Act— (a) for the term, not exceeding 4 years, that is specified in the instrument of his or her appointment and is eligible for re-appointment; and (b) subject to this section, on the other terms and conditions that are determined by the Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer. (2) Each member of the board of directors of a water corporation holds office on a part-time basis. (3) In this section "member of the board of directors" does not include the managing director. s. 54 -- 47 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 35 99. Managing Director (1) The board of a water corporation may appoint a person as the managing director of the water corporation, on a full-time or part- time basis. (2) The managing director of a water corporation holds office, subject to this Act— (a) for the term, not exceeding 5 years that is specified in the instrument of his or her appointment, and is eligible for re-appointment; and (b) subject to the terms and conditions that are specified in that instrument. (3) The managing director of a water corporation is not capable of being appointed as the chairperson, deputy chairperson or another director of the corporation. 100. When a member of the board of directors of a water corporation ceases to hold office (1) The office of member of the board of directors becomes vacant if the member— (a) resigns in accordance with sub- section (3); or (b) becomes an insolvent under administration (within the meaning of the Corporations Act); or (c) fails to attend 3 consecutive meetings of the board of directors without the approval of the board; or s. 54 -- 48 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 36 (d) is found guilty of an indictable offence; or (e) holds a paid office in the water corporation. (2) Sub-section (1)(e) does not apply to the managing director. (3) A person may resign from the office of member of the board of directors by notice in writing delivered to the Minister. 101. Removal from office of member of the board of directors (1) The Minister, or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, may at any time remove a member of the board of directors of a water corporation, other than the managing director, from the office of member. (2) The Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, must remove a person from the office of member of the board of directors, other than the managing director, if the member— (a) is found guilty of such an offence that the Minister or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, is satisfied may affect the member's ability to carry out the duties of his or her office as member; or (b) fails without reasonable cause to disclose any interest under section 109. s. 54 -- 49 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 37 102. Acting Managing Director (1) The board of directors of a water corporation may appoint a person to act as managing director of the water corporation if— (a) the office of managing director is vacant; or (b) the managing director is absent or is unable, for any reason, to perform the duties of the office. (2) The acting managing director of a water corporation is not capable of being the chairperson, deputy chairperson or another director of the corporation. 103. Removal of managing director The board of directors of a water corporation must remove a person from the office of managing director if the managing director— (a) is found guilty of an offence relating to his or her duties as managing director; or (b) fails without reasonable cause to disclose any interest under section 109. 104. Chairperson The Minister, or, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, must appoint a member of the board of directors of a water corporation to be the chairperson of the water corporation. 105. Deputy chairperson (1) The board of directors of a water corporation must appoint one of the members of the board of directors to be the deputy chairperson of the board or directors. s. 54 -- 50 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 38 (2) The deputy chairperson, if present, must preside at meetings of the board of directors at which the chairperson is not present. 106. Acting appointments (1) The deputy chairperson must act as chairperson if— (a) the office of chairperson is vacant; or (b) the chairperson is unable, for any reason, to perform the duties of the office. (2) While the deputy chairperson is acting as chairperson, the deputy chairperson has and may exercise all the powers, and must perform all the duties, of the chairperson. (3) The Minister may appoint a person who has the qualifications and experience as required under section 97 to be a member of the board of directors of a water corporation during any period, or during all periods, when— (a) the deputy chairperson is acting as chairperson; or (b) a member of the board of directors is unable for any reason to attend meetings of the board. 107. Validity of decisions (1) An act or decision of the board of directors of a water corporation is not invalid merely because of— (a) a vacancy in the membership of the board of directors; or (b) a defect or irregularity in, or in connection with, the appointment of a member of the board of directors. s. 54 -- 51 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 39 (2) Anything done by or in relation to a person purporting to act as a member of the board of directors of a water corporation, whether as chairperson, deputy chairperson or another director, is not invalid merely because— (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in relation to the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. 108. Improper use of information A member or a person who has been a member of the board of directors of a water corporation must not make improper use of information acquired by virtue of that person's position as a member— (a) to gain directly or indirectly any pecuniary advantage for himself or herself or for any other person; or (b) with intent to cause detriment to the water corporation, whether or not detriment was caused. Penalty: 20 penalty units. 109. Effect of pecuniary interests (1) A member of the board of directors of a water corporation who has a pecuniary interest in any matter in which the water corporation is concerned must— (a) if the member is present at a meeting of the board of directors or any of its committees at which the matter is to be s. 54 -- 52 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 40 considered, disclose the nature of the interest immediately before the consideration; or (b) if the member is aware that the matter is to be considered at a meeting of the board of directors or any of its committees at which the member does not intend to be present, disclose the nature of the interest to the chairperson of the water corporation before the meeting is held. (2) If a member of the board of directors of a water corporation has disclosed an interest to the chairperson under sub-section (1)(b), the chairperson must disclose that interest at the meeting at which the matter is considered, before the consideration of the matter. (3) The member of the board of directors— (a) may stay in the meeting during any consideration of the matter; and (b) may take part in the discussion; and (c) must not move or second a motion on a question relating to the matter; and (d) must leave the meeting while any vote is taken on a question relating to the matter; and (e) may, when notified by the chairperson that the vote has been declared, return to the meeting. (4) If a member of the board of directors discloses an interest under sub-section (1), a statement showing— (a) that the disclosure was made; and s. 54 -- 53 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 41 (b) the nature of the matter and the nature of the disclosed interest; and (c) whether any vote was taken on a question relating to the matter and, if so, whether the member was present while the vote was taken; and (d) whether the member left the meeting at any time during consideration of the matter and, if so, at what stage the member left— must— (e) in the case of a disclosure made at or before a meeting of the board of directors, be included in the minutes of the meeting; and (f) in the case of a disclosure made at or before a meeting of a committee, be recorded by the committee and presented to, and included in the minutes of the next ordinary meeting of the board of directors. (5) A person must comply with sub-sections (1) and (3). Penalty: 20 penalty units. (6) It is a defence to a charge under sub- section (5) for the person charged to prove that the person did not know— (a) that he or she had a pecuniary interest in the matter; or (b) that a matter in which he or she had a pecuniary interest was considered or to be considered at the meeting. s. 54 -- 54 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 42 (7) The Magistrates' Court has jurisdiction over a charge under this section even though title to land may be genuinely in question. (8) A charge may not be filed for an offence under this section more than 3 years after the commission of the alleged offence. (9) The Minister may, by notice in writing to a water corporation, remove any disability imposed by this section in any case if so many of the members of the board of directors of the water corporation are affected that the Minister decides that the transaction of the business of the water corporation would be impeded. (10) For the purposes of sub-section (9), the Minister may remove, either indefinitely or for a specified time, any disability that would otherwise attach to a member, or class of members, of the board of directors, because of any interests, and in respect of any matters, that the Minister specifies in the notice. 110. What constitutes a pecuniary interest? (1) In this section "shares" includes stock, and "share capital" must be read accordingly. (2) A member of the board of directors of a water corporation does not have a pecuniary interest to which section 109 applies in relation to a matter only because that member has an interest in the matter— (a) as a person who receives a service from the water corporation in common with other persons who receive a service from the water corporation; or s. 54 -- 55 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 43 (b) as a person who is, or may become, entitled to an allowance or other payment under this Act, if the maximum amount of the allowance or payment, or the rate at which the amount is to be calculated, is fixed under this Act; or (c) as a member of a club or other association (incorporated or not) that is conducted primarily for charitable, benevolent, recreational or community purposes; or (d) as a member of an employers' or employees' association; or (e) as a person to whom the water corporation offers, or proposes to offer, goods and services which are, or are proposed to be, offered generally by the water corporation on the same terms and conditions as to that member; or (f) as a person who receives a service from the water corporation, or as a resident of a district under the control of the water corporation, who may be required by the water corporation to make any payment that other persons who receive that service, or other residents of the district, may be required by the water corporation to make. (3) Unless sub-section (4) provides otherwise, a person has a pecuniary interest in a matter if— (a) the person or his or her nominee is a member of a company or other body which has a pecuniary interest in the matter; or s. 54 -- 56 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 44 (b) the person is the sole proprietor, a partner, a director or an employee of a person who has a pecuniary interest in the matter. (4) Sub-section (3) does not apply— (a) to membership of any body (incorporated or not) which results from an appointment or nomination made by the board of directors of a water corporation; or (b) to membership or directorship of any body (incorporated or not) if the member or director has no beneficial interest in any capital or income of the body. (5) If a member of a board of directors of a water corporation has a pecuniary interest in a matter only because he or she has a beneficial interest in the shares of a body, and if the total nominal value of those shares is not more than $2000 or 1 per cent of the total nominal value of the issued share capital of the body (whichever is less), section 109 does not preclude the member from taking part in the consideration of the matter. (6) If the share capital of a body is of more than one class, sub-section (5) does not apply if the total nominal value of all the shares of any one class in which the member of the board of directors has a beneficial interest is more than 1 per cent of the total nominal value of the issued share capital of that class of the body. s. 54 -- 57 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 45 (7) The interest of a spouse or domestic partner of a member of the board of directors must, if known to the member, be taken to be an interest of the member for the purposes of this section. 111. Pecuniary interest does not prevent voting and consideration of some questions Nothing in section 109 precludes any person from taking part in the consideration of, or voting on— (a) any question as to whether the amount payable for goods or services previously supplied or provided under any contract should be paid from any fund of the water corporation or from any other money belonging to the water corporation; or (b) any question as to whether an application should be made to the Minister for the exercise of the powers conferred by section 109(9). 112. Effect of finding of guilt for offence against section 109 (1) A member of the board of directors of a water corporation who is found guilty of an offence against section 109 or any corresponding previous enactment is not capable of being or continuing to be a member of a board of directors of a water corporation for 7 years after that finding of guilt, unless— (a) on application by the person found guilty, the court by which he or she is found guilty; or s. 54 -- 58 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 46 (b) a court hearing an appeal under sub- section (2)— thinks it is appropriate in the circumstances to reduce or waive the period of disqualification. (2) A person may, within 6 months after a decision on an application under sub-section (1)(a), appeal from that decision— (a) if the person was found guilty by the Magistrates' Court—to the County Court; and (b) in any other case—to the Supreme Court. (3) An appeal is by way of re-hearing of the application, and the court may do anything that it would be entitled to do if the appeal were an appeal against the sentence imposed on the finding of guilt giving rise to the disqualification. 113. Submission of returns by members of the board and nominated officers (1) A person who becomes a member of a board of directors of a water corporation must within 30 days after becoming a member submit a primary return in the prescribed form to the managing director of the water corporation. Penalty: 20 penalty units. (2) If a person is re-appointed on completion of his or her term of office as a member of the board of directors of a water corporation, the member need not submit a new primary return. s. 54 -- 59 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 47 (3) If the board of directors of a water corporation has resolved that nominated officers must submit returns— (a) each nominated officer must within 30 days after the resolution; and (b) any person who becomes a nominated officer after the resolution must within 30 days after his or her nomination as a nominated officer— submit a primary return in the prescribed form to the managing director of the water corporation. Penalty: 20 penalty units. (4) A member of the board of directors of a water corporation or a nominated officer of a water corporation must, on or before 31 July each year, submit an ordinary return in the prescribed form to the managing director of the water corporation. Penalty: 20 penalty units. 114. Information to be disclosed in primary and ordinary returns (1) Each member of the board of directors of a water corporation and each nominated officer of a water corporation must disclose the following information in the primary return as at the date of the primary return— (a) the name of any company or other body, corporate or unincorporate, in which he or she held an office whether as a director or otherwise; s. 54 -- 60 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 48 (b) the information referred to in paragraphs (b), (c), (d) and (f) of sub- section (2). Penalty: 20 penalty units. (2) Each member of the board of directors of a water corporation and each nominated officer must disclose in an ordinary return the following information in relation to the return period— (a) if he or she has held an office, whether as director or otherwise, in any company or body, corporate or unincorporate—the name of the company or body; (b) the name or description of any company, partnership, association or other body in which he or she holds a beneficial interest which exceeds $2000 in value; (c) the address or description of any land in any district of the water corporation or in a district which adjoins a district of the water corporation in which he or she has any beneficial interest other than by way of security for any debt; (d) a concise description of any trust— (i) in which he or she holds a beneficial interest; or (ii) of which he or she is a trustee and in which a relative holds a beneficial interest; s. 54 -- 61 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 49 (e) particulars of any gift of $2000 or more in value received by him or her from a person other than a relative; and (f) any other substantial interest, whether of a pecuniary nature or not, of the person, or of a relative of which interest the person is aware and which the person ought reasonably to consider might appear to raise a material conflict between his or her private interest and his or her public duty as a member or nominated officer. Penalty: 20 penalty units. (3) If a member of the board of directors of a water corporation or a nominated officer has already submitted one or more ordinary returns he or she must disclose in any subsequent ordinary return any change in the information disclosed in the last return and any additional information of the kind set out in sub-section (2)(a) to (f) required to be disclosed, but he or she is not required to disclose any information already disclosed in a previous return. Penalty: 20 penalty units. (4) In this section "relative" of a member of the board of directors of a water corporation or nominated officer includes a domestic partner, or relative of a domestic partner, of the member or nominated officer. s. 54 -- 62 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 50 115. Water corporation to maintain register (1) A water corporation must— (a) maintain a register of the interests of members of the board of directors and, where required, nominated officers; and (b) enter in the register all the information given in the returns. (2) A water corporation must allow a person to inspect the register if that person applies, in writing and in accordance with the regulations, to the water corporation to do so. (3) The register may be inspected at the principal office of the water corporation during normal office hours. (4) A water corporation must take all reasonable steps to make sure that a person who has not applied does not have access to, and is not permitted to inspect, the register or any return. (5) A person must not publish any information derived from the register unless that information is a fair and accurate summary or copy of the information derived from the register. Penalty: 20 penalty units. (6) A person employed by a water corporation must not, whether before or after he or she ceases to be so employed, make a record of, divulge or communicate to any person any information in relation to a matter dealt with by this section that is gained by or conveyed to him or her during his or her employment with the water corporation, or make use of that information for any purpose other than s. 54 -- 63 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 51 the discharge of his or her official duties under this Act. Penalty: 20 penalty units. (7) A water corporation must— (a) retain the returns of a member of the board of directors or a nominated officer for 3 years after the person has ceased to be a member or a nominated officer; and (b) at the end of that period, destroy the returns. (8) As soon as practicable after a person ceases to be a member of the board of directors of a water corporation or a nominated officer, the water corporation must delete the entries relating to that person from the register. 116. Contracts of insurance The board of directors of a water corporation may by resolution allow members of the board to enter into contracts of insurance in respect of activities undertaken by directors as members of the board of directors. 117. Allowances (1) A water corporation may, subject to sub- section (2), pay remuneration and allowances to its members of the board of directors. (2) The amounts of any remuneration and allowances paid by a water corporation must not exceed the amounts fixed by the Minister and, in the case of Melbourne Water Corporation, the Minister together with the Treasurer, in respect of that water corporation. s. 54 -- 64 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 52 (3) The amounts fixed by the Minister under this section may vary between water corporations. (4) This section does not apply to the remuneration and allowances paid to the Managing Director of a water corporation. 118. Expenses Despite anything in this or any other Act, the members of the board of directors of a water corporation are, if the board so resolves, entitled to be reimbursed out of the water corporation's funds for their reasonable expenses incurred whilst carrying out functions and exercising powers under this Act. Example Reasonable expenses incurred when travelling to and from meetings, undertaking training or making site visits. 119. Employment of officers of water corporations (1) A water corporation may employ, on terms and conditions determined by the water corporation, such officers and employees as it considers necessary for the carrying out of its functions. (2) An officer of a water corporation must not, without permission from the water corporation— (a) engage in any business; or (b) engage in the private practice of any profession or trade; or s. 54 -- 65 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 53 (c) hold any office in any corporation, other than a municipal council; or (d) engage in any employment other than that connected with the duties of office. (3) An officer who has been employed by a water corporation for 10 years is entitled in accordance with the regulations to be granted by the water corporation 3 months' long service leave with pay in respect of that 10 years' service and 1½ months' long service leave with pay in respect of each additional 5 years of completed service. (4) The Governor in Council may, in accordance with section 324, make regulations for or with respect to long service leave, including but not limited to the following— (a) entitlements on retirement, death or termination of service; (b) when long service leave may be taken; (c) prohibiting an officer on long service leave from taking other employment for hire or reward; (d) the nature of the service, and the computation of the period of the service, that entitles an officer to long service leave; (e) the method of computing pay for long service leave; (f) requiring water corporations to establish funds for the purpose of making payments in relation to long service leave; (g) regulating the transfer of amounts from those funds; s. 54 -- 66 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 54 (h) regulating agreements between water corporations; (i) requiring the exchange of information between water corporations; (j) regulating agreements between water corporations and other persons. (5) Any person who, in accordance with the regulations, enters into an agreement about long service leave with a water corporation is empowered to enter into that agreement and may do anything necessary or convenient for giving effect to the agreement. 120. Meetings and proceedings at meetings of the boards of directors (1) The board of directors of a water corporation must hold at least one ordinary meeting every 3 months. (2) Subject to this Act, the board of directors of a water corporation may regulate its own procedure. (3) The chairperson or, in his or her absence, the deputy chairperson or, in the absence of both the chairperson and deputy chairperson, a member of the board of directors of a water corporation elected by the members present at the meeting, must preside at a meeting of the board. (4) The quorum for a meeting of the board of directors of a water corporation is a majority of the members for the time being. (5) A question arising at a meeting of the board of directors of a water corporation is determined by a majority of the votes of the members present and voting on the question. s. 54 -- 67 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 55 (6) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote. (7) The board of directors of a water corporation must ensure that minutes are kept of each meeting of the board. (8) The board of directors of a water corporation must record in the minutes— (a) the names of the members present; and (b) the names of the members voting on any question in relation to which a division is called. (9) The board of directors of a water corporation may permit its members to participate in a particular meeting by— (a) telephone; or (b) closed-circuit television; or (c) any other means of electronic or instantaneous communication. (10) A member of the board of directors of a water corporation who participates in a meeting under sub-section (9) is deemed to be present at the meeting. 121. Validity of decisions of board of directors of water corporation An act or decision of the board of directors of a water corporation is not invalid merely because of— (a) a defect or irregularity in, or in connection with, the appointment of a member of the board of directors; or s. 54 -- 68 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 56 (b) a vacancy in the membership of the board of directors, including a vacancy arising from the failure to appoint a member of the board of directors. 122. Special meetings (1) The chairperson of the board of directors of a water corporation may at any time (and must, if requested by 2 members) call a special meeting of the board. (2) Subject to sub-section (3), a special meeting must not be held unless at least 2 days' notice has been given to each member of the board of directors of a water corporation. (3) If all members of the board of directors of a water corporation consent in writing, a special meeting may be held with less than 2 days' notice being provided to each member. (4) Notice of a special meeting must— (a) be in writing; and (b) be served on each member of the board of directors, by post or in person; and (c) specify the time and place of the meeting and the reason for it. (5) A special meeting must deal only with business stated in the notice. 122A. Resolutions without meetings (1) If all of the members of the board of directors of a water corporation for the time being see a document setting out a resolution and a majority of those members sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those s. 54 -- 69 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 57 terms is deemed to have been passed at a meeting of the board held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member to sign signs the document. (2) If a resolution is deemed under sub- section (1) to have been passed at a meeting of the board of directors of a water corporation, each member of the board must be advised as soon as practicable and given a copy of the terms of the resolution. (3) For the purposes of sub-section (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members of the board of directors of a water corporation, are deemed to constitute one document. Division 4—Other Provisions Relating to Water Corporations 122B. Powers of delegation of water corporations A water corporation may, by instrument under its official seal, delegate to— (a) a member of the board of directors of the water corporation or any other officer of the water corporation, by name or to the holder of the office; or (b) to any committee established by the water corporation under this Act, the members of which are members of the board of directors or officers of the water corporation; or s. 54 -- 70 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 58 (c) with the consent of the Minister, to any other person or body, including any committee established by the water corporation under this Act, the members of which are not members of the board of directors or officers of the water corporation— any function, power or duty of the water corporation other than— (d) this power of delegation; or (e) the power to make by-laws; or (f) any other power that is prescribed for the purposes of this section. 122C. Committees established by the board of directors of a water corporation (1) The board of directors of a water corporation— (a) may establish a committee to advise the water corporation on any matter referred by the board of directors; and (b) may establish a committee to exercise any power or perform any function, authority or discretion delegated to it by the board of directors. (2) The following provisions apply to committees— (a) the board of directors may at any time remove from office a member of a committee and must provide in writing to the member the reasons for the removal; (b) a committee may act despite any vacancy in its membership; s. 54 -- 71 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 59 (c) subject to this Act and any rules made under paragraph (d), a committee may regulate its own proceedings; (d) the board of directors of a water corporation may, by resolution, make rules, with which committees must comply, about— (i) their quorums; and (ii) voting powers of their members; and (iii) their proceedings; (e) the Minister by notice published in the Government Gazette may declare that a committee is a corporation, and may dissolve a corporation of that sort in the same way; (f) a water corporation must obtain the Minister's consent before it delegates any of its powers, functions, authorities or discretions to a committee of which any members are not members or officers of the water corporation; (g) the Minister may specify rules of procedure for the exercise of a delegated power by a committee referred to in paragraph (f) and any purported exercise of that delegated power by such a committee otherwise than in accordance with those rules is void. (3) A water corporation that has an irrigation district may, in accordance with section 160, make by-laws about the constitution, functions and duties of a committee established in relation to an irrigation district or part of an irrigation district. s. 54 -- 72 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 60 (4) By-laws made under sub-section (3) prevail, to the extent of any inconsistency, over the provisions of sub-section (2). (5) A member of a committee is entitled to be paid any fees and allowances fixed by the Minister. (6) A committee established by the board of directors of a water corporation is subject to the requirements of Part 13 about annual reports and audits as if it were a part of the water corporation. 122D. Incorporated committees (1) If the Minister declares a committee to be a corporation under section 122C(2)(e), then on the publication of the notice in the Government Gazette— (a) the committee specified in the notice is a body corporate by the name assigned to it in the notice, with perpetual succession and a common seal, and is by that name capable in law of suing and being sued and, subject to this Act, of holding, acquiring and disposing of personal property; and (b) the powers, functions, discretions and authorities of that committee, whether conferred or imposed by this Act or otherwise, must be taken to be conferred or imposed on the corporation alone; and (c) the duties, liabilities, responsibilities and obligations imposed on that committee are transferred to the corporation; and (d) the corporation becomes the successor in law of that committee. s. 54 -- 73 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 61 (2) The common seal of a corporation constituted under section 122C(2)(e) must be kept in the custody that the corporation directs, and must not be used except as authorised by the corporation. (3) All courts must take judicial notice of the common seal of a corporation constituted under section 122C(2)(e) affixed to any document and, until the contrary is proved, must presume that it was duly affixed. (4) If the Minister declares a corporation to be dissolved under section 122C(2)(e), then on the publication of the notice in the Government Gazette— (a) the members who constituted the corporation specified in the notice constitute the committee; and (b) the powers, functions, discretions and authorities of the corporation specified in the notice must be taken to be conferred or imposed on that committee; and (c) the duties, liabilities, responsibilities and obligations imposed on the corporation specified in the notice are transferred to that committee; and (d) that committee becomes the successor in law of the corporation specified in the notice. (5) A committee declared to be a corporation under section 122C(2)(e)— (a) consists of the members who constituted the committee immediately before the publication in the Government Gazette of the notice s. 54 -- 74 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 62 declaring the committee to be a corporation; and (b) is subject to all the provisions of this Act and the regulations relating to committees. 122E. Regulation making powers The Governor in Council may make regulations for or with respect to— (a) the qualifications required to be held by any person who holds a specific office or position in a water corporation; and (b) the accreditation of any person who holds a specific office or position in a water corporation; and (c) the establishment, membership and procedure of a body which may issue accreditations and hold any examinations and tests it considers necessary for that purpose; and (d) prescribing fees to be paid for the issue or renewal of certificates of accreditation. Division 5—Particular Water Corporations 122F. Additional function of Central Gippsland Region Water Corporation (1) In addition to any other functions conferred on the Central Gippsland Region Water Corporation, the Corporation has the function of receiving waste from any person, whether inside or outside the sewerage districts managed and controlled by the Corporation, for treatment or disposal by the Corporation. s. 54 -- 75 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 63 (2) In this section— "waste" includes— (a) trade waste or any sewage, whether that waste or sewage is untreated, treated or partially treated; and (b) any matter that is offensive or injurious to human life or health; and (c) any ash, coal-dust or matter that may discolour or impart discolouration to water; and (d) any other matter that the Corporation by by-law declares to be waste. PART 6A—DISTRICTS AND LAND MANAGEMENT AREAS Division 1—Continuation of Districts 122G. Continuation of districts (1) Each Authority specified in an item in Column 1 of the Table in Schedule 1 (other than item 12) is deemed to have the irrigation district or districts, the water district or districts, the sewerage district or districts and the waterway management district or districts that the pre-dating Authority had immediately before the commencement of section 54 of the Water (Governance) Act 2006. s. 54 -- 76 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 64 (2) Each Catchment Management Authority that is deemed, by section 98(1) of the Catchment and Land Protection Act 1994, to continue in existence as if it were established under Division 3 of Part 2 of that Act, is deemed to have the waterway management district that the Catchment Management Authority had immediately before the commencement of section 151 of the Water (Governance) Act 2006. (3) In this section "pre-dating Authority" has the same meaning as in Schedule 16. 122H. Waterway management district of Melbourne Water Corporation (1) The waterway management district of Melbourne Water Corporation is the land shown delineated in red on the plan lodged in the central plan office and numbered LEGL./05-406. (2) The Minister may, by determination, published in the Government Gazette— (a) add to the area of land that comprises the waterway management district of Melbourne Water Corporation; or (b) diminish the area of land that comprises the waterway management district of Melbourne Water Corporation. (3) A determination under sub-section (2) takes effect from the date specified in the determination, which must be no earlier than the date of publication of the determination. s. 54 -- 77 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 65 122I. Transfer of assets on inclusion or diminution of land in waterway management district of Melbourne Water Corporation (1) In this section— "previous body" means— (a) an Authority whose waterway management district has been diminished by determination under section 122H; or (b) any other body whose area of jurisdiction has been diminished by determination under section 122H; "new body" means— (a) an Authority whose waterway management district has been increased by a determination under section 122H; or (b) any other body whose area of jurisdiction has been increased by a determination under section 122H. (2) On the making of a determination under section 122H— (a) any rights, property and assets that are specified in the determination are deemed to be vested in the new body; and (b) any debts, liabilities and obligations of the previous body arising out of any vesting under paragraph (a) are deemed to be the debts, liabilities and obligations of the new body; and s. 54 -- 78 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 66 (c) the new body is substituted as a party to any arrangement or contract entered into by or on behalf of the previous body arising out of any vesting under paragraph (a). (3) Where any right, property or asset is vested in a new body under this section, the new body is liable to pay the previous body in whom the right, property or asset was vested the amount that is agreed on by the new body and the previous body, or if there is no agreement, the amount determined by the Governor in Council. (4) The amount referred to in sub-section (3), whether agreed on by the new body and the previous body or determined by the Governor in Council, must be an amount that is agreed or determined by taking any debts, liabilities and obligations that were vested in the previous body into account. Division 2—New Irrigation and Waterway Management Districts 122J. New irrigation districts (1) The Minister may, on application by an Authority, declare a new irrigation district and declare that the new irrigation district is an irrigation district of the Authority that made the application. (2) A declaration under sub-section (1) must be published in the Government Gazette. s. 54 -- 79 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 67 122K. New waterway management districts (1) The Minister may declare a new waterway management district and specify, in the declaration, the Authority for the new waterway management district. (2) A declaration under sub-section (1) must be published in the Government Gazette. Division 3—New and Extended Water Districts and Sewerage Districts and Extended Irrigation Districts and Waterway Management Districts 122L. Non-application of Division This Division (other than sections 122U, 122V and 122W) does not apply to any extension or diminution of the waterway management district of Melbourne Water Corporation. 122M. Submission of proposal for establishment or extension of district An Authority may, submit to the Minister a proposal— (a) to establish a new water district or sewerage district; or (b) to extend an existing water district, sewerage district, waterway management district or irrigation district. s. 54 -- 80 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 68 122N. Restrictions on areas for which proposals for new or extended districts may be made (1) An Authority must not submit a proposal for— (a) a new water district or sewerage district; or (b) an extended water district, sewerage district, waterway management district or irrigation district— if the whole or any part of the area to be covered by the proposal is within the area of interest of another Authority. (2) An Authority must not submit a proposal for— (a) a new or extended sewerage district unless the area to be covered by the district is within the Authority's water district; and (b) an extended waterway management district, unless the area to be covered by the district is within the catchment for the Authority's water district— unless the Minister, in writing exempts the Authority's proposal from the operation of this sub-section. 122O. Form of proposal (1) A proposal under section 122M must be in the form required by guidelines issued by the Minister. (2) The Minister may exempt a water corporation which submits a proposal for the extension of a district from complying with sub-section (1). s. 54 -- 81 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 69 122P. Advertising proposal (1) An Authority that has submitted a proposal under section 122M to the Minister must— (a) give notice of the proposal to— (i) all councils that are affected by the proposal; and (ii) any person whom the Authority reasonably believes may be affected by the proposal and any person to whom the Minister has directed the Authority to so give notice; and (b) make the proposal available for inspection free of charge at its office during its office hours; and (c) publish a notice of the proposal— (i) at least once every week for 3 consecutive weeks in a newspaper circulating generally in the area to which the proposal relates; and (ii) in the Government Gazette, after all other notices under this sub- section have been given or published. (2) A notice under sub-section (1) must state that— (a) the Authority invites submissions on the proposal to be made to it; and (b) any submission made to the Authority should set out the grounds on which it is made; and s. 54 -- 82 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 70 (c) the time within which any submission on the proposal must be received by the Authority. (3) The Minister may exempt an Authority which submits a proposal to extend a district from the requirement to comply with sub- section (1) (other than sub-section (1)(c)(ii)) or with sub-section (2). 122Q. Submissions (1) An Authority that has submitted a proposal under section 122M to the Minister must invite submissions to the proposal in a notice under section 122P. (2) Any person who is affected by the proposal of an Authority submitted under section 122M may make a written submission on the proposal to the Authority. (3) A submission under sub-section (2) must be received by the Authority within one month of publication in the Government Gazette of notice of the proposal under section 122P. 122R. Final determination of Authority (1) An Authority that has submitted a proposal to the Minister under section 122M may finally determine whether to— (a) proceed with the proposal as submitted to the Minister; or (b) vary the proposal as a result of submissions received on the proposal; or (c) not proceed with the proposal. s. 54 -- 83 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 71 (2) The Authority must not make a determination under sub-section (1) unless the Authority has considered all submissions received by the Authority within the time for making submissions under section 122Q. (3) On making a determination under sub- section (1), the Authority must notify the Minister of the determination and send to the Minister copies of all submissions that the Authority received within the required time. 122S. Ministerial determination On receiving notice of the Authority's decision on a proposal it has submitted under section 122M, the Minister may— (a) approve the proposal, with or without changes; or (b) refuse the proposal. 122T. Ministerial declaration The Minister, on approving a proposal under section 122S must give effect to the substance of the proposal by declaring, by notice published in the Government Gazette, the new or extended district that was the substance of the proposal. 122U. Areas of interest The Minister may, at the request of an Authority, by instrument published in the Government Gazette declare an area of land outside a water, sewerage or waterway management district to be an area of interest for that Authority in relation to a water district, sewerage district or waterway management district of that Authority. s. 54 -- 84 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 72 122V. Advertising proposal for declaration The Minister must not make a declaration under section 122U unless— (a) the Authority requesting the declaration— (i) has given notice of the proposed declaration at least 30 days before its making to any public statutory body which the Authority considers may be affected by it; and (ii) has published notice of the proposed declaration in a newspaper circulating generally in the area to be affected by the declaration; and (b) the Minister is satisfied that all public statutory bodies which may be affected by the proposed declaration have been adequately consulted about it. 122W. Powers of Authority in area of interest (1) If an area of interest is declared under section 122U in respect of a water district, sewerage district or waterway management district of an Authority, the Authority may— (a) in the case of a water district, carry out any water supply functions (other than irrigation functions) or exercise any water supply powers (other than irrigation powers) in relation to that area of interest; and (b) in the case of a sewerage district, carry out any sewerage functions or exercise any sewerage powers in relation to that area of interest; or s. 54 -- 85 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 73 (c) in the case of a waterway management district, carry out any waterway management functions or exercise any waterway management powers in relation to that area of interest. (2) If an area of interest in relation to a particular function has been granted to an Authority, another Authority may not be appointed under this Division to manage and control a district related to that function that is wholly or partly within that area of interest. (3) An area of interest of an Authority must be taken to be part of the Authority's district for the purposes of any referral under the Planning and Environment Act 1987. Division 4—Changes to Existing Districts 122X. Non-application of Division This Division does not apply to any extension or diminution of the waterway management district of Melbourne Water Corporation. 122Y. Power of Authorities to change districts (1) An Authority may, by resolution published in the Government Gazette— (a) unite any 2 or more— (i) water districts; or (ii) sewerage districts; or (iii) waterway management districts; or (iv) irrigation districts— that are under the management and control of the Authority; or s. 54 -- 86 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 74 (b) diminish the extent of a water district, sewerage district, waterway management district or irrigation district of the Authority; or (c) abolish any water district, sewerage district, waterway management district or irrigation district of the Authority that is no longer operating; or (d) divide a water district, sewerage district, waterway management district or irrigation district of the Authority into 2 or more districts. (2) An Authority must not make a resolution referred to in sub-section (1) unless it has, once a week for 3 consecutive weeks before the resolution is made, published notice of the proposed resolution in a newspaper circulating generally in the area to be affected by the resolution. 122Z. Power of Minister to change districts (1) The Minister may, by determination— (a) unite any 2 or more— (i) water districts; or (ii) sewerage districts; or (iii) waterway management districts; or (iv) irrigation districts— of the same Authority; or (b) diminish the extent of a water district, sewerage district, waterway management district or irrigation district of an Authority; or s. 54 -- 87 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 75 (c) on the request of an Authority, abolish a water district, sewerage district or irrigation district of the Authority; or (d) abolish a waterway management district; or (e) divide a water district, sewerage district, waterway management district or irrigation district of an Authority into 2 or more districts. (2) On making a determination under sub- section (1), the Minister may make any determination that the Minister considers desirable as to— (a) providing for any adjustment to areas affected by the determination under sub-section (1); and (b) any other matter as a result of the determination under sub-section (1). (3) The Minister must publish notice of any determination under this section in the Government Gazette. Division 5—Environmental and Recreational Areas 122ZA. Environmental and recreational areas (1) The Minister may determine land— (a) which is owned or controlled by an Authority; or (b) which is within the water district, sewerage district, waterway management district or irrigation district of an Authority, or which is significant to the exercise of a function of an Authority and which is owned or s. 54 -- 88 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 76 controlled by another public statutory body or which is Crown land— to be an environmental area or a recreational area under the management and control of the Authority specified by the Minister and for the period specified by the Minister in the determination. (2) The Minister must not make a determination under sub-section (1)(b) unless the Minister has first obtained the consent of the public statutory body or the Minister responsible for the management of the land (as the case requires) to the making of that determination. 122ZB. Functions of Authority in area (1) An Authority that has the management and control of any environmental or recreational area has the following functions— (a) in accordance with the directions of the Minister, to prepare a management strategy as to recreational uses for the area; (b) to improve the area; (c) to provide and arrange services and facilities in the area; (d) to control land use in the area. (2) Subject to any determination under section 122ZA establishing an area, an Authority is under no duty to exercise its functions under sub-section (1). s. 54 -- 89 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 77 122ZC. Contributions by public authorities Despite anything in any other Act, if an environmental area or a recreational area is determined under section 122ZA, any public statutory body may make contributions out of any money legally available to that body, for or towards the cost of improving the area or providing or maintaining services in it. 122ZD. Revenue from land Any revenue collected in relation to any environmental or recreational area forms part of the fund of the Authority that has the management and control of the area. 122ZE. Limitation of exercise of powers under this Division (1) An Authority must not exercise its functions or powers under this Division in a manner which is inconsistent with any provision of an Order granting a declared bulk water entitlement and any purported exercise of a function or power in such a manner is, to the extent to which it is so inconsistent, of no effect. (2) In sub-section (1)— "declared bulk water entitlement" means a bulk water entitlement in respect of which a declaration under section 185(3) has been made. 122ZF. Regulation making powers as to areas The Governor in Council may make regulations for or with respect to— (a) the granting of leases or licences for areas determined under this Division, and in particular as to the following matters— s. 54 -- 90 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 78 (i) the Authority that may grant any such lease or licence, which must be the Authority that has the management and control of the area and that has a proprietary interest in the area; (ii) the purposes for which any such lease or licence may be granted, which must be for activities carried on in, or things introduced into, the area; and (b) the charging of fees for leases or licences over areas determined under this Division; and (c) the powers of the Authority in relation to the removal of any unregistered or abandoned motor vehicle from an area determined under this Division and its subsequent sale, including provisions about— (i) notice of removal; and (ii) surrender of the motor vehicle to its owner or an agent of the owner; and (iii) sale of the motor vehicle; and (iv) the circumstances in which clear title to the motor vehicle passes on sale; and (v) disposal of the proceeds of sale; and (vi) protection of the Authority from liability in relation to payments of the proceeds of sale; and (vii) any other necessary or convenient matter. s. 54 -- 91 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 79 PART 6B—DUTIES OF WATER CORPORATIONS Division 1—Customer Dispute Resolution 122ZG. Customer dispute resolution (1) A water corporation must, on or before a date determined by the Minister administering the Essential Services Commission Act 2001, enter into a customer dispute resolution scheme approved by the Essential Services Commission established under the Essential Services Commission Act 2001. (2) A dispute resolution scheme provided for in accordance with this section is in addition to and not in derogation of any right of review a person may have under this Act. (3) In approving a dispute resolution scheme the Essential Services Commission must have regard to— (a) the need to ensure that the scheme is accessible to, and that there are no cost barriers to persons using the scheme; and (b) the need to ensure that the scheme is independent of the members of the scheme; and (c) the need for the scheme to be fair and be seen to be fair; and (d) the need to ensure that the scheme will publish decisions and information about complaints received by the scheme so as to be accountable to the members of the scheme and the persons using the scheme; and s. 54 -- 92 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 80 (e) the need for the scheme to undertake regular reviews of its performance to ensure that its operation is efficient and effective. (4) This section only applies to a water corporation that has a water district, a sewerage district or an irrigation district. Division 2—Dividends 122ZH. Dividends Each water corporation must pay to the State such dividend, at such time and in such manner, as is determined by the Treasurer after consultation with the board of directors of the water corporation and the Minister. Division 3—Repayment of Capital 122ZI. Repayment of capital (1) The capital of a water corporation is repayable to the State at such times, and in such amounts, as the Treasurer directs in writing, after consultation with the Minister and the board of directors of the water corporation. (2) In giving a direction under this section, the Treasurer must have regard to any advice that the board of directors has given to the Treasurer in relation to the water corporation's affairs. s. 54 -- 93 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 81 Division 4—Annual Report 122ZJ. Information to be included in annual report (1) A water corporation, in its annual report for a financial year under Part 7 of the Financial Management Act 1994, must include the following information— (a) in relation to each person, who is not a natural person, who uses water supplied by the water corporation for purposes that are not farming, irrigation or domestic purposes, at a volume that is within a specified range— (i) the name of the person; and (ii) the information (if any) as to the person's participation in any water conservation program; and (b) in relation to each specified range, the number of persons to whom paragraph (a) applies who are within the range. (2) For the purposes of this section the Minister may specify one or more range or ranges of volumes. (3) In this section "specified range" means a range of volumes specified by the Minister under sub-section (2). s. 54 -- 94 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 82 PART 6C—STORAGE MANAGERS 122ZK. Appointment of storage managers (1) The Minister may, by instrument, appoint an Authority to carry out any of the functions under this Part in relation to any water storage or land specified in the instrument. (2) In an instrument under sub-section (1) the Minister— (a) must describe the land, including any water storage, in respect of which the storage manager is to exercise functions under this Part; and (b) may specify terms and conditions to which the appointment is subject; and (c) must specify the term of the appointment. (3) Before making an appointment of an Authority under sub-section (1), the Minister must consult with— (a) any other Authority that is exercising any function to which the appointment would apply on the land to be specified in the instrument of appointment; and (b) any other Authority that owns any land that is to be specified in the instrument of appointment or works on that land. 122ZL. Functions of storage managers (1) The functions of a storage manager appointed under this Part in respect of the land to which the appointment relates are— (a) to control and manage any water storage on the land specified in the instrument of appointment and any s. 54 -- 95 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 83 water or works on the land so specified, in a manner that is consistent with this Act and that will maintain the water quality of any water storage on the land; (b) to carry out any other functions that are conferred on the storage manager by or under this Act or any instrument made under this Act. (2) An Authority, in performing its functions under sub-section (1) must have regard to— (a) protecting the ecological values of the water systems relating to the land specified in the instrument of appointment; and (b) protecting the reliability and quality of water supply; and (c) subject to water supply needs, minimizing the impact on the environment of the carrying out of any such function and maximizing the benefit to the environment of the carrying out of any such function; and (d) developing and implementing strategies to mitigate flooding, where possible. 122ZM. Management agreements for water storages (1) If an Authority that has been appointed as the storage manager of any land under this Part, does not hold a proprietary interest in the whole or part of the land described in the instrument appointing the storage manager, the Authority must enter into an agreement with the owner of the land as to the management of the land. s. 54 -- 96 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 84 (2) An agreement under sub-section (1)— (a) must be in writing; and (b) must be consistent with this Act; and (c) may be amended from time to time by further written agreement between the parties. (3) An agreement under sub-section (1) must set out procedures to be followed to prevent or settle disputes concerning the management of the land specified in the instrument of appointment of the Authority that arise between the parties during the currency of the agreement, including the submission of any unresolved disputes to the Minister for a decision that is binding on the parties. 122ZN. Powers for storage managers to charge fees A storage manager appointed under this Part may charge a fee for a service provided by the storage manager to another Authority in carrying out its functions under this Act.". 55. Ministerial approval of abandonment or decommissioning of works After section 139(2) of the Water Act 1989 insert— "(3) The Minister may impose conditions on any approval given under sub-section (1). (4) In respect of each proposal submitted to the Minister under section 139A, the Minister must publish notice of whether he or she has approved or refused to approve the proposal under sub-section (1)— s. 55 -- 97 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 85 (a) in a newspaper circulating generally in the area to which the proposal relates; and (b) in the Government Gazette.". 56. Insertion of new sections 139A to 139E After section 139 of the Water Act 1989 insert— "139A. Submission of proposal for approval of the abandonment or decommissioning of major works (1) An Authority which proposes to abandon or decommission any major works must submit the proposal to the Minister for approval under section 139. (2) When making a submission under sub- section (1), the Authority must give to the Minister copies of all submissions it is required to consider under section 139D. 139B. Notification of proposal to approve the abandonment or decommissioning of major works (1) Before making a submission under section 139A, the Authority must cause notice of the proposal to be published— (a) in a newspaper circulating generally in the area to which the proposal relates; and (b) in the Government Gazette. s. 56 -- 98 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 86 (2) A notice under sub-section (1) must state that— (a) the Authority invites submissions on the proposal to be made to it; and (b) any submission made to the Authority must set out the grounds on which it is made; and (c) the time within which submissions on the proposal must be received by the Authority. 139C. Submissions on proposal (1) An Authority that has submitted a proposal for the approval of the Minister under section 139A must, in the notice under section 139B invite submissions on the proposal. (2) Any person who is affected by the proposal may make a written submission on the proposal to the Authority. (3) A submission under sub-section (2) must be received by the Authority within one month of the publication of the notice of the proposal in the Government Gazette under section 139B. 139D. Authority to consider submissions Before making a submission to the Minister under section 139A, an Authority must consider all submissions made to it on the proposal within the time specified in section 139C(3). s. 56 -- 99 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 87 139E. Appointment of panel by Minister (1) Before making a decision under section 139, the Minister may appoint a panel of persons and refer to the panel for consideration the submission of an Authority under section 139A, and, in particular, any submissions on that submission given by the Authority to the Minister. (2) The panel appointed by the Minister must consider the submissions referred to it by the Minister and must report on that consideration to the Minister within the time specified by the Minister.". 57. Insertion of new section 141A After section 141 of the Water Act 1989 insert— "141A. Circumstances in which Melbourne Water Corporation to continue water supply (1) Despite section 141, Melbourne Water Corporation must supply or continue to supply water to— (a) a retail licensee to the extent necessary to enable it to perform its functions or exercise its powers under its licence; (b) the holder of a bulk entitlement to water in Melbourne Water Corporation's works granted in accordance with the provisions of Division 1 of Part 4; (c) any other person or class of person prescribed for the purposes of this section by regulations made by the Governor in Council. s. 57 -- 100 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 88 (2) Despite any provision to the contrary made by or under this or any other Act, the terms and conditions on which water is supplied under sub-section (1) are as agreed between Melbourne Water Corporation and the retail licensee, bulk entitlement holder or other person or, in default of agreement, as determined by the Essential Services Commission.". 58. Serviced properties After section 144(4) of the Water Act 1989 insert— "(5) This section does not apply to Melbourne Water Corporation.". 59. Insertion of new section 144A After section 144 of the Water Act 1989 insert— "144A. Serviced property, Melbourne Water Corporation For the purposes of any function of Melbourne Water Corporation under Part 10, serviced property is any land in the waterway management district of Melbourne Water Corporation— (a) that is rateable land within the meaning of the Local Government Act 1989; or (b) that is, by the operation of section 258(4), deemed to be rateable for the purposes of section 258(1).". s. 58 -- 101 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 89 60. Structures near works For section 148(1)(b) of the Water Act 1989— "(b) any structure to be built, or any filling to be placed— (i) in the case of Melbourne Water Corporation, within 5 metres laterally of any works of Melbourne Water Corporation; or (ii) in the case of any other Authority, within 1 metre laterally of any of the works of the Authority; or". 61. Notice of intention to affect works After section 152(4) of the Water Act 1989 insert— '(5) In this section and in sections 153 and 154 "public statutory authority" includes— (a) a passenger transport company within the meaning of the Transport Act 1983; (b) a rail corporation, a tram operator or a train operator within the meaning of the Rail Corporations Act 1996.'. 62. By-laws (1) In section 160(1) of the Water Act 1989 omit ", subject to section 161,". (2) In section 160(1)(b) of the Water Act 1989, for "and control" substitute "and control including, but not limited to— (i) the control, management and use of the land, services and facilities in the area, including fees for the provision or use of any such services or facilities or for entry to land on which such services or facilities are situated; s. 60 -- 102 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 90 (ii) the protection of the land, services and facilities; (iii) the protection of people in the area from injury or nuisance; (iv) the conservation and preservation of flora, fauna and habitat in the area; (v) the control of the introduction of any new flora or fauna to the area; (vi) the control of the numbers of any flora or fauna in the area; and". 63. Repeal of section 161 Section 161 of the Water Act 1989 is repealed. 64. Repeal of reference In section 161D of the Water Act 1989 omit ", Catchment Management Authority". 65. Insertion of new heading After the heading to Part 8 of the Water Act 1989 insert— "Division 1—Authorities with a water district". 66. Application of Division 1 of Part 8 (1) Insert the following heading to section 162 of the Water Act 1989— "Application of this Division". (2) In section 162 of the Water Act 1989, for "Part" substitute "Division". s. 63 -- 103 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 91 67. Water supply functions not to include storage management functions (1) In section 163(1) of the Water Act 1989, after "has the following functions" insert "(to the extent that the functions are not storage management functions that have been conferred on an Authority under Part 6C)". (2) Section 163(2) of the Water Act 1989 is repealed. 68. Insertion of new section 170CA After section 170C of the Water Act 1989 insert— "170CA. Requirement to publish permanent water saving plan An Authority must publish in the Government Gazette the following— (a) on the adoption of a permanent water saving plan by the Authority under section 170A(9), the plan as so adopted; (b) on the variation of a permanent water saving plan by the Authority under section 170B(8), the plan as so varied; (c) on the adoption of a revised permanent water saving plan by the Authority under section 170B(8), the revised plan as so adopted.". 69. By-laws—to include power to serve infringement notices (1) In section 171(1) of the Water Act 1989 for "sections 160 and 161" substitute "section 160". s. 67 -- 104 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 92 (2) After section 171(1)(b) of the Water Act 1989 insert— "(ba) prescribing offences, in respect of contravention of restrictions or prohibitions, set out in 4 stages, on the use of water in the whole or any part of the district of the Authority, for which an infringement notice may be served; and (bb) the infringement penalties for any offence for which an infringement notice may be served; and (bc) prescribing persons or classes of persons for the purposes of serving infringement notices; and". (3) After section 171(2) of the Water Act 1989 insert— "(3) An infringement penalty imposed for a contravention of an offence for which an infringement notice may be served under a by-law made under sub-section (1)(ba) must not exceed— (a) for an offence in respect of a stage 1 restriction or prohibition on the use of water, 2 penalty units; (b) for an offence in respect of a stage 2 restriction or prohibition on the use of water, 3 penalty units; (c) for an offence in respect of a stage 3 restriction or prohibition on the use of water, 4 penalty units; (d) for an offence in respect of a stage 4 restriction or prohibition on the use of water, 5 penalty units.". s. 69 -- 105 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 93 70. Repeal of reference In section 171A(2) of the Water Act 1989 omit ", 161". 71. Insertion of new Division 2 in Part 8 After section 171A of the Water Act 1989 insert— "Division 2—Melbourne Water Corporation 171B. Water supply function of Melbourne Water Corporation Melbourne Water Corporation has the following functions— (a) to provide, manage, operate, maintain and protect water supply systems for the supply of water to all or any of the following— (i) the holder of a water licence under the Water Industry Act 1994; (ii) the holder of a water and sewerage licence under the Water Industry Act 1994; (iii) the holder of a bulk entitlement to water in the works of Melbourne Water Corporation granted under Division 1 of Part 4; (iv) an Authority that has a water district or an irrigation district; (v) any other person or class of person prescribed for the purposes of this section; s. 70 -- 106 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 94 (vi) any person with whom Melbourne Water Corporation has an agreement to supply water that is in force immediately before the commencement of section 162 of the Water (Governance) Act 2006; (b) to identify community needs relating to water supply and to plan for the future needs of the community relating to water supply; (c) to supply water to all or any of the persons referred to in paragraph (a)(i) to (vi); (d) to develop and implement programs for the conservation and efficient use of water; (e) to manage, operate, maintain and protect water storages for the collection, harvesting, storage, treatment and distribution of water; (f) to carry out the operational, environmental, financial and reporting obligations in any bulk entitlement to water in any works of Melbourne Water Corporation; (g) to provide and maintain facilities for the recreational use of water storages and surrounding areas, where this use is compatible with the protection of a water storage and the other uses to which the water in the water storage may be put; s. 71 -- 107 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 95 (h) to protect the ecological values of water storages, and to develop and implement programs related to the ecological values of water storages. 171C. System access (1) Melbourne Water Corporation must allow its works to be used to the extent necessary to enable water— (a) to which a person has a right under a bulk entitlement under Division 1 of Part 4; or (b) to which a licence granted to a person under section 51 of the Water Act 1989 relates; or (c) required to be supplied to a person by the holder of a water headworks licence issued under Division 1 of Part 2 of the Water Industry Act 1994 or by another Authority within the meaning of Division 1 of Part 4 of the Water Act 1989— to be supplied to that person by means of those works. (2) Sub-section (1)— (a) does not apply if the works of Melbourne Water Corporation do not have sufficient capacity to enable the water to be supplied by means of those works; (b) does not limit or affect any other duty or obligation imposed on Melbourne Water Corporation by or under this or any other Act. s. 71 -- 108 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 96 (3) Subject to any determination made by the Essential Services Commission under Part 3 of the Essential Services Commission Act 2001, the terms and conditions on which a person is allowed to use the works of Melbourne Water Corporation as mentioned in sub-section (1) are as agreed between the Corporation and that person. 171D. Fire plugs and free water—Melbourne Water Corporation (1) A council may require Melbourne Water Corporation to fix fire plugs to any of the works of Melbourne Water Corporation in locations that are determined by Melbourne Water Corporation as being suitable for the supply of water for fire-fighting purposes. (2) A council must meet the costs of providing, installing, marking and maintaining all fire plugs that the council requires under sub- section (1) to be installed in its municipal district. (3) Melbourne Water Corporation may provide, install, mark and maintain any extra fire plugs that it thinks necessary or that are requested by a landowner, either at its own cost or at the cost of the landowners benefited by them. (4) Melbourne Water Corporation must— (a) keep all fire plugs that are fixed to its works in working order; and (b) provide conspicuous markers for fire plugs supplied by it; and (c) make sure that at all times water is available without charge from fire plugs attached to its works for cleaning sewers and drains, unless the water is s. 71 -- 109 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 97 unavailable due to a shortage of water or another unavoidable cause, or due to repairs. (5) Sub-section (4)(a) does not require Melbourne Water Corporation to make sure that water pressure is adequate for fire fighting. 171E. Power to enter land for water supply protection (1) An officer of Melbourne Water Corporation or an authorised person may enter any land for the purposes of water supply protection. (2) Sections 133 and 134 apply in relation to the entry of land under sub-section (1) as if that entry were made under section 133(1). 171F. Notice of contravention for water supply protection (1) Subject to sub-section (2), Melbourne Water Corporation may, by notice in writing to any person, require— (a) that an activity carried out on any land owned or occupied by that person be discontinued; or (b) the removal of any substance or thing— if the carrying out of the activity, or the presence of the substance or thing, is, in the opinion of Melbourne Water Corporation, likely to affect the purity of Melbourne Water Corporation's water supply system. (2) A notice under sub-section (1) may not require the discontinuance of any activity or the removal of any substance or thing if the carrying out of the activity or the presence of s. 71 -- 110 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 98 the substance or thing is specifically authorised by or under this or any other Act. (3) Section 151 applies to a notice under sub- section (1) as if it were a notice of contravention under section 151(1). 171G. Immediate action for water supply protection Melbourne Water Corporation may, immediately and without notice, remove from— (a) any land that is adjacent to any waterway or works forming part of Melbourne Water Corporation's water supply system; or (b) any water in or adjacent to any such waterway or works— any substance or thing that is, in Melbourne Water Corporation's opinion, likely to affect the purity of Melbourne Water Corporation's water supply system. 171H. By-laws (1) Melbourne Water Corporation may, in accordance with section 160, make by-laws for or with respect to— (a) regulating, restricting or prohibiting the use of water, either generally or for any specific purpose; and (b) providing for the publication of notices announcing any restrictions or prohibitions; and (c) prescribing ways of measuring water supply by meter or other measuring device, including ways of calculating s. 71 -- 111 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 99 water use by reading a meter after the ending of the charging period; and (d) prescribing ways of determining the quantity of water supplied to land, other than by a meter or other measuring device; and (e) prohibiting any act which could cause wastage of water; and (f) regulating or prohibiting any activity that— (i) is carried out within 40 metres of works or waterways forming part of Melbourne Water Corporation's water supply system; and (ii) may affect that system; and (g) prohibiting people who are not entitled to water supply from using water from Melbourne Water Corporation's works; and (h) regulating or prohibiting the access to or use of land and works under the management and control of Melbourne Water Corporation; and (i) regulating the use of water for fire- fighting purposes; and (j) any other matter or thing for which it is necessary or convenient for Melbourne Water Corporation to make by-laws. (2) A penalty imposed for a contravention of a by-law made under sub-section (1)(a) must not exceed— (a) for a first offence, 40 penalty units or imprisonment for 3 months; and s. 71 -- 112 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 100 (b) for a subsequent offence, 80 penalty units or imprisonment for 6 months— and, in the case of a continuing contravention, an additional penalty not exceeding 5 penalty units for each day on which the offence continues (up to a maximum of 20 additional penalty units)— (c) after service of a notice of contravention on the person under section 171F; or (d) if no notice of contravention is served, after conviction of the person for the offence. 171I. Limitation on power to make by-laws (1) This section applies as from the relevant prescribed date for the water industry under the Utility Meters (Metrological Controls) Act 2002. (2) As from the relevant prescribed date, an Authority must not exercise the power to make by-laws under section 160 or 171 to make by-laws which are inconsistent with the Utility Meters (Metrological Controls) Act 2002 or regulations made under that Act. (3) Any by-law whether made before or after the relevant prescribed date is invalid to the extent that it is inconsistent with the Utility Meters (Metrological Controls) Act 2002 or regulations made under that Act.". s. 71 -- 113 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 101 72. Insertion of new division heading in Part 9 After the heading to Part 9 of the Water Act 1989 insert— "Division 1—Authorities other than Melbourne Water Corporation". 73. Substitution of section 172 For section 172 of the Water Act 1989 substitute— '172. Definitions In— (a) section 179, "Authority" means a water corporation within the meaning of Part 6 other than Melbourne Water Corporation; (b) the remaining provisions of this Division, "Authority" means a water corporation within the meaning of Part 6 that has a sewerage district.'. 74. Functions of Authorities under Part 9 Section 173(2) of the Water Act 1989 is repealed. 75. Repeal of reference In section 181(1) of the Water Act 1989, for "sections 160 and 161" substitute "section 160". 76. Repeal of reference In section 184(1) of the Water Act 1989, for "sections 160 and 161" substitute "section 160". s. 72 -- 114 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 102 77. Insertion of new Division in Part 9 At the end of Part 9 of the Water Act 1989 insert— 'Division 2—Melbourne Water Corporation 184A. Sewerage functions of Melbourne Water Corporation Melbourne Water Corporation has the following functions— (a) to provide, manage, operate, maintain, and protect systems for the collection, in bulk, of sewage from all or any of the following— (i) the holder of a water and sewerage licence under the Water Industry Act 1994; (ii) an Authority with a sewerage district; (iii) any other person or class of person prescribed for the purposes of this section; (b) to provide, manage, operate, maintain, and protect systems for the conveyance, treatment and disposal of any sewage collected under paragraph (a); (c) by agreement or consent, to provide, manage, operate, maintain, and protect systems for the collection in bulk, conveyance, treatment and disposal of trade waste; (d) to develop and implement programs and provide, manage and operate systems for the recycling, re-use and supply of treated waste and water s. 77 -- 115 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 103 by-products of sewage treatment and trade waste treatment; (e) the acceptance, storage, treatment and disposal of biosolids and other waste; (f) to identify community needs relating to sewage treatment services and to plan for the future needs to the community relating to those services. 184B. Application of certain provisions of Division 1 of Part 9 Sections 176, 177, 178, 181 and 182 of Division 1 apply to Melbourne Water Corporation when it is exercising a function under section 184A, as if a reference to "Authority" in those sections were a reference to "Melbourne Water Corporation".'. 78. Designated waterways—Authorities In section 188(1) of the Water Act 1989, after "An Authority" insert ", other than Melbourne Water Corporation,". 79. Insertion of new section 188A After section 188 of the Water Act 1989 insert— '188A. Designated waterways, land or works— Melbourne Water Corporation (1) Any— (a) waterway that is within the waterway management district of Melbourne Water Corporation is a designated waterway of Melbourne Water Corporation, except— s. 78 -- 116 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 104 (i) any waterway to the extent that it is within the port waters of the Port of Melbourne under the Port Services Act 1995; and (ii) that section of the Yarra River from its mouth up to the downstream side of the Bolte Bridge; and (iii) that section of the Maribyrnong River from its mouth up to the downstream side of Shepherds Bridge; and (iv) that section of the Moonee Ponds Creek from its mouth up to the downstream side of the Footscray Bridge; and (v) that section of the Stony Creek in Yarraville from its mouth up to the downstream side of the Hyde Street Bridge; and (b) land which abuts a waterway that is a designated waterway of Melbourne Water Corporation under paragraph (a), or is within 20 metres of such a waterway is designated land of Melbourne Water Corporation. (2) Any land or works that are within the waterway management district of Melbourne Water Corporation are designated land or works of Melbourne Water Corporation— (a) if they are works— (i) owned by Melbourne Water Corporation under section 138 for the purpose of the exercise of functions under this Part; or s. 79 -- 117 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 105 (ii) declared to be designated works of Melbourne Water Corporation under sub-section (3); and (b) in the case of land or works situated on land that has been added to the waterway management district of Melbourne Water Corporation, if immediately before that addition, they were land or works of the Authority in whose waterway management district they were situated. (3) Melbourne Water Corporation may, by declaration, published in the Government Gazette, declare— (a) any drain vested in Melbourne Water Corporation (that was vested in the pre-dating corporation immediately before the commencement of section 163 of the Water (Governance) Act 2006) to be designated works; and (b) any drain in the waterway management district of Melbourne Water Corporation to be designated works. (4) The requirements for a declaration that are specified in section 188(2) apply to a declaration under sub-section (3). (5) In this section, "pre-dating corporation" has the same meaning as in Schedule 16.'. 80. Repeal of redundant sections Sections 190, 191 and 192 of the Water Act 1989 are repealed. s. 80 -- 118 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 106 81. Owner finance In section 196(1) of the Water Act 1989, after "its functions" insert "under this Part". 82. Finance for increased use of services In section 197(1) of the Water Act 1989, after "its functions" insert "under this Part". 83. Application of Division 3 of Part 10 For section 198(1) of the Water Act 1989 substitute— "(1) This Division applies to— (a) Melbourne Water Corporation, in relation to Melbourne Water Corporation's waterway management district; and (b) any other Authority to the extent that that Authority has a waterway management district to which the Minister declares that this Division applies. (2) A declaration under this section must be in writing and published in the Government Gazette. (3) Any declaration made by the Minister under this section as in force before the commencement of section 83 of the Water (Governance) Act 2006, being a declaration in force immediately before that commencement, is deemed, on and from that commencement, to be a declaration made by the Minister under this section as amended by section 83 of that Act.". s. 81 -- 119 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 107 84. Drainage functions of Melbourne Water Corporation (1) In section 199(1) of the Water Act 1989— (a) after "An Authority" insert "other than Melbourne Water Corporation"; (b) in paragraph (a), omit "and, with the consent of the Minister, the drainage of water from that district into any waterway outside that district". (2) After section 199(1) of the Water Act 1989 insert— "(1A) Melbourne Water Corporation has the following functions— (a) to provide, manage, operate, protect and maintain drainage systems into all designated waterways and all designated land and works within its waterway management district; (b) to develop and implement plans or schemes, and to take any action necessary— (i) to bring into operation new drainage systems; and (ii) to improve stormwater quality of water in drainage systems; (c) the functions set out in sub-section (1) (c) and (d).". s. 84 -- 120 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 108 85. Application of Division 4 of Part 10 (1) In section 201(1) of the Water Act 1989— (a) after "applies to—" insert— "(a) Melbourne Water Corporation, in relation to Melbourne Water Corporation's waterway management district; and"; (b) in paragraph (b), for "any Authority" substitute "any other Authority". (2) For section 201(2) of the Water Act 1989 substitute— '(2) A declaration under sub-section (1) must be in writing and published in the Government Gazette. (3) In this Division, a reference to "Authority" includes— (a) in relation to the waterway management district of Melbourne Water Corporation, Melbourne Water Corporation; and (b) in relation to any area to which sub- section (1)(c) applies, the Minister.'. 86. Floodplain management functions of Melbourne Water Corporation (1) In section 202 of the Water Act 1989— (a) before "An Authority" insert "(1)"; (b) after "An Authority" insert "(other than Melbourne Water Corporation)"; (c) in paragraph (f), omit "of Infrastructure". s. 85 -- 121 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 109 (2) At the end of section 202 of the Water Act 1989 insert— "(2) Melbourne Water Corporation has the following functions in relation to its waterway management district— (a) to find out how far floodwaters are likely to extend and how far they are likely to rise; (b) to declare flood levels and flood fringe levels; (c) to declare building lines; (d) to develop and implement plans and to take any action necessary to minimise flooding and flood damage; (e) to control developments that have occurred or that may be proposed for land adjoining waterways; (f) to provide advice about flooding and controls on development to local councils, the Secretary to the Department and the community.". 87. Declarations of flood levels etc. In section 203(1) of the Water Act 1989, after "section 202(b) and (c)" insert "or section 202(2)(b) and (c)". 88. Declarations of floodway areas etc. For section 205(2)(a) of the Water Act 1989 substitute— "(a) at the request of an Authority that has the functions referred to in section 202(1)(a), (b) and (c) or that has the functions referred to in section 202(2)(a), (b) and (c);". s. 87 -- 122 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 110 89. Notice of declaration In section 206(1)(c) of the Water Act 1989, omit "of Infrastructure". 90. Control of works and structures (1) In section 208(1) of the Water Act 1989, after "section 202(d) or (e)" insert "or referred to in section 202(2)(d) or (e)". (2) In section 208(2) of the Water Act 1989, after "section 202(d) or (e)" insert "or referred to in section 202(2)(d) or (e)". 91. Removal of existing works and structures In section 209(1) of the Water Act 1989, after "section 202(d) or (e)" insert "or referred to in section 202(2)(d) or (e)". 92. Availability of information At the end of section 212 of the Water Act 1989 insert— "(2) Despite sub-section (1), Melbourne Water Corporation may impose a charge under section 264 for any information given under sub-section (1).". 93. Revision of outdated reference In section 218(4)(b) of the Water Act 1989, omit "of Infrastructure". 94. Repeal of reference and Statute Law Revision (1) In section 219(1) of the Water Act 1989, for "sections 160 and 161" substitute "section 160". (2) In section 219(1)(d) of the Water Act 1989, for "carried on on" substitute "carried out on". s. 89 -- 123 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 111 95. Powers of Authorities For section 222(1)(a)(i) and (ii) of the Water Act 1989 substitute— "(i) for the purpose of irrigation; and (ii) for stock and domestic use— at the volumes and for the periods that are determined by the Authority in accordance with this Part; and". 96. Mortgagee consent For section 226(2) of the Water Act 1989 substitute— "(2) An Authority must refuse an application under sub-section (1)(a) if consent has not been obtained to the application to transfer a volume or period from any one of the mortgagees of any parcel of land from which the volume or period is being transferred.". 97. Documents to accompany applications under Part 11 In section 230(c) of the Water Act 1989, for "prescribed document or prescribed information" substitute "documents or information required by the Authority". 98. Repeal of reference In section 235(1) of the Water Act 1989, for "appointment of— (a) an Authority; or (b) Melbourne Water Corporation— to decide the issue" substitute "appointment of an Authority to decide the issue". s. 95 -- 124 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 112 99. Repeal of reference In section 237(2) of the Water Act 1989, for "appointment of— (a) an Authority; or (b) Melbourne Water Corporation— to decide the issue" substitute "appointment of an Authority to decide the issue". 100. Repeal of reference In section 238(3) of the Water Act 1989, for "appointment of— (a) an Authority; or (b) Melbourne Water Corporation— to decide the issue" substitute "appointment of an Authority to decide the issue". 101. Repeal of reference In section 242(b) of the Water Act 1989, for "appointment of— (i) an Authority; or (ii) Melbourne Water Corporation— to decide the issue" substitute "appointment of an Authority to decide the issue". 102. Repeal of reference (1) In section 243(1) of the Water Act 1989, omit "or Melbourne Water Corporation". (2) In section 243(2) of the Water Act 1989, omit "or Melbourne Water Corporation". s. 99 -- 125 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 113 103. Corporate plans (1) For section 247(1) of the Water Act 1989 substitute— "(1) An Authority must prepare a corporate plan and must submit it to— (a) the Minister on or before the date specified by the Minister, or, if no such date is specified, at least 2 months before it intends to implement the plan or any part of it; and (b) the Treasurer, at the same time as it submits the plan to the Minister.". (2) After section 247(2) of the Water Act 1989 insert— "(2A) The Treasurer may make any comments on the plan that he or she thinks fit to the Authority, and the Authority must have regard to any comments made by the Treasurer under this sub-section.". 104. Insertion of new sections 250 and 251 After section 249 of the Water Act 1989 insert— "250. Board to notify Minister and Treasurer of significant affecting events etc. If the board of directors of an Authority forms the opinion that matters have arisen— (a) that may prevent, or significantly affect, achievement of the objectives of the Authority under the corporate plan; or s. 103 -- 126 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 114 (b) that may prevent, or significantly affect, achievement of the financial targets under the plan— the board of directors must immediately notify the Minister and the Treasurer of its opinion and the reasons for the opinion. 251. Report on achievement of corporate plan (1) The Minister or the Treasurer may, from time to time, require an Authority to provide a report on the progress the Authority is making in achieving any targets or objectives in its corporate plan. (2) A report under sub-section (1) must— (a) be given in the form and manner; and (b) address the issues; and (c) relate to the period— specified by the person to whom the report is to be given.". 105. Borrowing power of Melbourne Water Corporation In the definition of "declared Authority" in section 254(1) of the Water Act 1989, after "that Act applies" insert "or Melbourne Water Corporation". 106. Definitions—Division 5 of Part 13 At the end of section 257 of the Water Act 1989 insert— '(2) In this Division a reference to "Authority"— (a) in section 264 includes a reference to Melbourne Water Corporation, when exercising any function under this Act; and s. 105 -- 127 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 115 (b) in any other provision of this Division does not include a reference to Melbourne Water Corporation, except where Melbourne Water Corporation is exercising a function under Part 10.'. 107. Properties subject to tariff After section 258(2) of the Water Act 1989 insert— "(3) Sub-section (1A) does not apply to Melbourne Water Corporation. (4) In relation to any tariff that may be set by Melbourne Water Corporation under this Division, land that is owned by a declared public statutory authority that is not used exclusively as public open space or as a park is deemed to be land that is rateable for the purposes of sub-section (1). (5) For the purposes of sub-section (4), the Governor in Council, by Order published in the Government Gazette, may declare a public statutory authority constituted under the laws of Victoria to be a declared public statutory authority. (6) Despite anything to the contrary in any other provision of this Act, the Treasurer, after consultation with the Minister responsible for a declared public statutory authority, may give his or her approval to Melbourne Water Corporation levying an amount in lieu of a fee under a tariff in respect of a financial year on land owned by the public statutory authority that, by operation of sub- section (4), is deemed to be land that is rateable for the purposes of sub-section (1). s. 107 -- 128 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 116 (7) The amount to be levied in lieu of a fee under a tariff in accordance with sub- section (6) is the amount agreed between the public statutory authority and Melbourne Water Corporation or, in the absence of agreement, determined by the Treasurer. (8) An approval may only be given by the Treasurer under sub-section (6) on the application of Melbourne Water Corporation. (9) For the purposes of section 281A an amount to be levied in lieu of fee under a tariff under this section is to be taken to be such a fee.". 108. Tariffs (1) In section 259(2) of the Water Act 1989— (a) after paragraph (c) insert— "(ca) in the case of a fee imposed under a tariff set by Melbourne Water Corporation— (i) an amount fixed according to the use of the property; or (ii) an amount fixed according to how the use or development of the property is controlled under a planning scheme; or"; (b) in paragraph (d), after "and (c)" insert "and in the case of Melbourne Water Corporation, amounts referred to in paragraph (ca)". (2) In section 259(4) of the Water Act 1989, after "a minimum amount" insert "or no amount". 109. Repeal of certain requirements as to tariffs Section 260(3)(d) of the Water Act 1989 is repealed. s. 108 -- 129 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 117 110. Repeal of section 260A(2) Section 260A(2) of the Water Act 1989 is repealed. 111. Power to fix fees under tariffs by reference to valuations used for price determinations (1) In section 262 of the Water Act 1989— (a) in paragraph (b), for "valuer—" substitute "valuer; or"; (b) after paragraph (b) insert— "(c) in the case of Melbourne Water Corporation, use the relevant valuation for the price determination applying at the time of the setting of the tariff—". (2) At the end of section 262 of the Water Act 1989 insert— '(2) In this section— "Essential Services Commission" has the same meaning as "Commission" has in the Essential Services Commission Act 2001; "price determination" means a price determination made by the Essential Services Commission under section 4D of the Water Industry Act 1994 and section 33 of the Essential Services Commission Act 2001; "relevant valuation", in relation to a price determination, means the valuation which forms the basis of the tariffs submitted by Melbourne Water Corporation to the Essential Services Commission and which is approved in the price determination.'. s. 110 -- 130 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 118 112. Insertion of section heading (1) Insert the following heading to section 264A of the Water Act 1989— "Authority may charge for securing bulk entitlements". (2) After section 264A(2) of the Water Act 1989 insert— '(3) This section does not apply to Melbourne Water Corporation except where Melbourne Water Corporation is "the first Authority", within the meaning of sub-section (1).'. 113. Grounds for applications for review For section 266(1)(c) of the Water Act 1989 substitute— "(c) that the tariff was not set in accordance with an Order under section 4D(1)(a) of the Water Industry Act 1994 or in accordance with the Essential Services Commission Act 2001;". 114. Insertion of new section 266A After the heading to Division 6 of Part 13 of the Water Act 1989 insert— '266A. Definition In this Division a reference to "Authority" does not include a reference to Melbourne Water Corporation, except where Melbourne Water Corporation is acting under section 196 or 197.'. s. 112 -- 131 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 119 115. Review of required payments After section 271(1)(e) of the Water Act 1989 insert— "(ea) that the payment was not set in accordance with an Order under section 4D(1)(a) of the Water Industry Act 1994 or in accordance with the Essential Services Commission Act 2001;". 116. Application of Division 7 After the heading to Division 7 of Part 13 of the Water Act 1989 insert— "273AA. Application of Division This Division does not apply to Melbourne Water Corporation.". 117. Time period for payment of fees under tariffs For section 274(1)(b) of the Water Act 1989 substitute— "(b) in the case of— (i) fees that are payable on an annual basis, at least 28 days after the date of issue of the notice; or (ii) in the case of fees that are payable on a basis that is less than an annual basis, at least 14 days after the date of issue of the notice—". s. 115 -- 132 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 120 118. Insertion of new Division 7A of Part 13 After Division 7 of Part 13 of the Water Act 1989 insert— "Division 7A—Payment and Recovery of Money Owed to Melbourne Water Corporation 281A. Agreements with respect to collection of fees under tariffs (1) Melbourne Water Corporation may enter into an agreement with— (a) a licensee; or (b) a Council; or (c) any other person— with respect to the collection by that licensee, Council or any other person (as the case requires), on behalf of Melbourne Water Corporation, of any fees under tariffs, charges, interest or other money due to Melbourne Water Corporation under this Act. (2) A licensee must collect, on behalf of Melbourne Water Corporation, fees under tariffs, charges, interest and other money referred to in sub-section (1) that relate to the area or areas specified in the licence of the licensee on the terms and conditions agreed with Melbourne Water Corporation or, in default of agreement, determined by the Essential Services Commission. (3) A Council must collect, on behalf of Melbourne Water Corporation, fees under tariffs, charges, interest and other money referred to in sub-section (1) that relate to the municipal district of the Council on the terms and conditions agreed with Melbourne Water s. 118 -- 133 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 121 Corporation or, in default of agreement, determined by the Essential Services Commission. (4) A person who receives a notice from a licensee, a Council or any other person under sub-section (1) must pay the amount set out in the notice to the licensee, Council or person (as the case requires). 281B. Recovery of fees under tariffs (1) Fees imposed under a tariff set by Melbourne Water Corporation under this Part are payable by, and recoverable from, the owner for the time being of the property in respect of which the fee is imposed. (2) A fee imposed under a tariff set by Melbourne Water Corporation under this Part is due and must be paid by the date specified in a notice issued by Melbourne Water Corporation requiring payment, being a date at least 14 days after the date of issue of the notice. (3) Any amount due to Melbourne Water Corporation under a tariff is a debt due to Melbourne Water Corporation by the owner for the time being of the property in respect of which the amount is due. (4) If a person liable to pay an amount due to Melbourne Water Corporation under sub- section (3) in relation to a property owns the property, the amount due is a charge on the property, whether or not Melbourne Water Corporation has agreed to defer the payment of the whole or any part of that amount. s. 118 -- 134 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 122 281C. Inspection of rate records (1) A person authorised by Melbourne Water Corporation may, at any reasonable time and without charge, inspect, and take a copy of an entry in or make an extract from, any valuation or rate records of any Council the municipal district of which is wholly or partly within the waterway management district of Melbourne Water Corporation. (2) A person having custody of the valuation or rate records of a Council must not, when required to do so by an authorised person exercising a power under sub-section (1), fail to produce those records for inspection or fail to allow the authorised person to take a copy of or make an extract from those records. Penalty: 1 penalty unit.". 119. Application of proceeds of disposal of water share For section 287C(4) of the Water Act 1989 substitute— "(4) A person who claims to be the mortgagee of a recorded mortgage over a water share may apply to the Authority for payment of the value of that mortgage from any surplus retained by the Authority.". s. 119 -- 135 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 123 120. Insertion of new Parts 13A and 13B After Part 13 of the Water Act 1989 insert— 'PART 13A—PROCESS FOR TRANSFER OF PROPERTY ETC. OF AUTHORITIES 287E. Definitions (1) In this Part— "allocation statement" means an allocation statement under section 287F; "former transferor instrument" means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the relevant date— (a) to which the transferor was a party; or (b) that was given to, or in favour of, the transferor; or (c) that refers to the transferor; or (d) under which— (i) money is, or may become, payable to the transferor; or (ii) other property is to be, or may become liable to be, transferred to or by the transferor; "former transferor property" means property, rights or liabilities of the transferor that, under this Part, have vested in, or become liabilities of, a licensee; "instrument" includes a document and an oral agreement; s. 120 -- 136 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 124 "liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective; "property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; "relevant date", in relation to an allocation statement or property, rights or liabilities allocated under such a statement, means the date fixed by the Minister under sub-section (2) for the purposes of that statement; "rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective; "transferee" means a person to whom property is, or rights or liabilities are, allocated under an allocation statement; "transferor" means a person from whom property is, or rights or liabilities are, transferred under an allocation statement. (2) The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement. 287F. Application to Minister for approval of transfer proposal (1) If an Authority and a licensee jointly propose that property, rights or liabilities of a specified kind be transferred from the Authority to the licensee, the Authority and the licensee may submit the proposal to the Minister for his or her approval. s. 120 -- 137 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 125 (2) A proposal must be in the form required by any guidelines issued by the Minister and be accompanied by a statement containing the information required by the guidelines relating to the property, rights or liabilities to be transferred. (3) A statement under this section— (a) must give the value of the property, rights or liabilities of the transferor that are to be transferred, to the extent to which it is practicable to determine that value; and (b) must allocate to the transferee the property, rights or liabilities of the transferor shown in the statement; and (c) must be signed by the chief executive officer (however described) of the transferee and the transferor. (4) The Minister may refuse the proposal or approve it, with or without any changes. (5) If a proposal is approved by the Minister— (a) the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Part. 287G. Amendment of allocation statement (1) An allocation statement under section 287F may be amended by a document in writing signed by the Minister and the managing director of the transferee and the transferor. (2) An amendment under sub-section (1) to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if s. 120 -- 138 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 126 the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than the transferor or the transferee in relation to that statement but must not otherwise be so made. (3) In this Part, a reference to an "allocation statement" includes (where the case so requires) a reference to such a statement as amended under this section. 287H. Property transferred in accordance with allocation statement On the relevant date for an allocation statement— (a) all property and rights of the transferor, wherever located, that are allocated under the allocation statement, vest in the transferee in accordance with the statement; (b) all liabilities of the transferor, wherever located, that are allocated under the allocation statement, become liabilities of the transferee in accordance with the statement. 287I. Staff transferred in accordance with allocation statement (1) On the relevant day for an allocation statement, all specified officers of the transferor become officers of the transferee, and each such officer— (a) holds an office that is equivalent to that previously held by the person in the transferor; and s. 120 -- 139 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 127 (b) holds the office on terms and conditions no less favourable than those of the office held in the transferor and with the benefit of all rights accrued in respect of the office so held. (2) In this section "specified officer" means a person who holds an office that is specified in the allocation statement, or is of a class of offices that is specified in the allocation statement. 287J. Allocation of property etc. subject to encumbrances Unless an allocation statement otherwise provides, where, under this Part— (a) property or rights vest in; or (b) liabilities become liabilities of— a transferee in accordance with an allocation statement— (c) the property or rights so vested are subject to the encumbrances (if any) to which the property or rights were subject immediately before so vesting; and (d) the rights to which the transferor was entitled in respect of those liabilities, immediately before they ceased to be liabilities of the transferor, vest in the transferee. 287K. Certificate of managing director (1) A certificate signed by the managing director of the transferor certifying that property, rights or liabilities of the transferor specified in the certificate have been allocated under an allocation statement is, unless revoked under sub-section (2), admissible in evidence s. 120 -- 140 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 128 in any proceedings and, in the absence of evidence to the contrary, is proof— (a) that the property, rights or liabilities so specified are the property, rights and liabilities to which the allocation statement applies; and (b) that the allocation statement is an allocation statement for the purposes of this Part. (2) The managing director may revoke a certificate given under sub-section (1) by issuing another certificate in place of the first certificate. (3) The managing director of a transferor— (a) must keep a register of allocation statements and of certificates relating to them that are issued under this section; and (b) must make the register reasonably available for inspection by a transferee or other interested person. 287L. Value of transferred property If the relevant allocation statement gives the value of property, rights or liabilities of the transferor that are allocated to the transferee, the value to the transferee of the property, rights or liabilities is the value so given. 287M. Substitution of party to agreement Where, under an allocation statement, the rights and liabilities of a transferor under an agreement are allocated to a transferee— (a) the transferee becomes, on the relevant date, a party to the agreement in place of the transferor; and s. 120 -- 141 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 129 (b) on and after the relevant date, the agreement has effect as if the transferee had always been a party to the agreement in place of the transferor. 287N. Former transferor instruments Each former transferor instrument relating to former transferor property continues to have effect according to its tenor on and after the relevant date in relation to that property as if a reference in the instrument to the transferor were a reference to the transferee. 287O. Proceedings Unless an allocation statement otherwise provides, if, immediately before the relevant date, proceedings relating to former transferor property (including arbitration proceedings) to which a transferor was a party were pending or existing in any court or tribunal (including an arbitral tribunal), then, on and after that date, the transferee is substituted for the transferor as a party to the proceedings and has the same rights and liabilities in the proceedings as the transferor had. 287P. Interests in land Without prejudice to the generality of this Part and despite anything to the contrary in any other Act or law if, immediately before the relevant date, a transferor is, in relation to former transferor property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date— s. 120 -- 142 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 130 (a) the transferee is to be taken to be the registered proprietor of that interest in land; and (b) the transferee has the same rights and remedies in respect of that interest as the transferor had. 287Q. Easements If a licensee acquires any right in the nature of an easement, or purporting to be an easement, as a result of an allocation under this Part, that right must be taken to be an easement even though there is no land vested in the transferee which is benefited or capable of being benefited by that right. 287R. Amendment of Register (1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the managing director of the transferor of former transferor property, must make any amendments in the Register that are necessary because of the operation of this Part. (2) Despite sub-section (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958. 287S. Taxes No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an s. 120 -- 143 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 131 instrument made, executed, lodged or given, for the purpose of, or connected with, the transfer of property, rights or liabilities of a transferor. 287T. Evidence (1) Documentary or other evidence that would have been admissible for or against the interests of a transferor in relation to a former transferor instrument or former transferor property if this Part had not been enacted is admissible for or against the interests of the transferee. (2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of a transferor and to entries made in those books of account before the relevant date, whether or not they relate to a former transferor instrument or former transferor property. 287U. Validity of things done under this Part Nothing effected or to be effected by this Part or done or suffered under this Part— (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or (b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of s. 120 -- 144 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 132 any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of, or to terminate, any agreement or obligation; or (d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or (e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligor wholly or in part from any obligation. PART 13B—PROCEDURES FOR MAKING BY-LAWS Division 1—Preliminary 287V. Definitions In this Part— "electronic communication" has the same meaning as in the Electronic Transactions (Victoria) Act 2000; "model by-laws" means model by-laws issued by the Minister under section 287ZB; s. 120 -- 145 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 133 287W. Authorities required to use certain procedures when making by-laws An Authority must use either the procedure set out in Division 2 or the procedure set out in Division 3 when making a by-law under this Act. Division 2—Procedure for Making By-laws Using Model By-laws 287X. Requirements for Minister when issuing model by-laws In issuing a model by-law to be used by Authorities in an exercise of a by-law making power under this Act, the Minister must comply with the procedure set out in this Division. 287Y. Minister to give notice of proposed model by-law (1) Before issuing a model by-law, the Minister must give notice of the proposal to issue the by-law— (a) in the Government Gazette; and (b) in a newspaper circulating generally in the area to which the proposed model by-law will apply. (2) A notice under sub-section (1) must state— (a) the title of the proposed model by-law; and (b) the purpose and general purport of the proposed model by-law; and (c) that a copy of the proposed model by-law may be inspected, free of charge, and the places at which and the s. 120 -- 146 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 134 means by which any such copy may be inspected under section 287Z; and (d) that submissions are invited on the proposed model by-law; and (e) the time within which any such submissions must be received by the Minister under section 287ZA(3); and (f) the means by which any such submissions may be made to the Minister under section 287ZA(2). 287Z. Inspection of proposed model by-law The Minister must ensure that the proposed model by-law— (a) is available for inspection, free of charge, at the offices of the Department during ordinary business hours; and (b) is able to be inspected, free of charge, by means of electronic communication at the electronic address of the Department. 287ZA. Submissions on model by-laws (1) The Minister must invite submissions on the proposed model by-law in the notice under section 287Y. (2) Any person who is affected by the proposed model by-law may make a submission on the by-law to the Minister in writing, whether by means of electronic communication or otherwise. (3) A submission under sub-section (2) must be received by the Minister within one month of the publication of the notice under section 287Y(1). s. 120 -- 147 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 135 287ZB. Issuing of model by-laws After considering all submissions made on the proposed model by-laws, the Minister may issue, as model by-laws, the proposed model by-laws, either with or without amendment. 287ZC. Making and giving of notice of making of by-law using model by-law (1) An Authority may make a by-law by using a model by-law. (2) In making a by-law by using a model by-law, the Authority may make any necessary minor or technical changes to the by-law. (3) An Authority that is making a by-law using a model by-law must give notice of the making of the by-law— (a) in the Government Gazette; and (b) in a newspaper circulating generally in the area in which the by-law will apply. (4) A notice under sub-section (3) must set out— (a) the title of the by-law; and (b) the purpose and general purport of the by-law; and (c) that the by-law is being made by using a model by-law issued by the Minister; and (d) that a copy of the by-law may be inspected, free of charge, and the places and times at which and the means by which a copy of the by-law may be inspected under section 287ZK; and s. 120 -- 148 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 136 (e) the address of the Authority (including any electronic address) and the site of any electronic publication of information by the Authority about its operations. Division 3—Procedure for Making By-laws Not Using Model By-laws 287ZD. Obligation of Authorities when exercising by-law making power In exercising a by-law making power under this Act, without using a model by-law issued by the Minister under Division 2, the Authority must comply with the procedure set out in this Division. 287ZE. Authority to give notice of proposed by-law (1) Before making a by-law, the Authority that proposes to make the by-law, must give notice of the proposal— (a) in the Government Gazette; and (b) in a newspaper circulating generally in the area to which the proposed by-law will apply. (2) A notice under sub-section (1) must state— (a) the title of the proposed by-law; and (b) the purpose and general purport of the proposed by-law; and (c) that a copy of the proposed by-law may be inspected, free of charge, and the places at which and the means by which any such copy may be inspected under section 287ZF; and s. 120 -- 149 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 137 (d) that submissions are invited on the proposed by-law; and (e) the time within which any such submissions must be received by the Authority under section 287ZG(3); and (f) the means by which any such submissions may be made to the Authority under section 287ZG(2). 287ZF. Inspection of proposed by-law The Authority must ensure that the proposed by-law— (a) is available for inspection, free of charge, at the offices of the Authority during ordinary business hours; and (b) is able to be inspected by means of electronic communication at the electronic address of the Authority. 287ZG. Submissions on by-laws (1) The Authority must invite submissions on the proposed by-law in the notice under section 287ZE. (2) Any person who is affected by the proposed by-law may make a submission on the by-law to the Authority in writing, whether by means of electronic communication or otherwise. (3) A submission under sub-section (2) must be received by the Authority within one month of the publication of the notice under section 287ZE(1). s. 120 -- 150 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 138 287ZH. Consideration and Ministerial approval (1) Before making the proposed by-law, the Authority must consider all submissions made on the proposed by-law within the time set out in section 287ZG(3) for the making of submissions. (2) After considering any such submissions, the Authority may make any amendments it considers necessary to the proposed by-law. (3) After consideration and any amendment under this section, the Authority may forward the proposed by-law to the Minister for approval for making. (4) The Minister, on receiving a proposed by-law forwarded under sub-section (3), may approve the proposed by-law for making. 287ZI. Making and giving of notice of making (1) On the Minister approving a proposed by-law for making under section 287ZH(4), the Authority may make the by-law. (2) The Authority must give notice of the making of the by-law— (a) in the Government Gazette; and (b) in a newspaper circulating generally in the area in which the by-law will apply. (3) A notice under sub-section (2) must set out— (a) the title of the by-law; and (b) the purpose and general purport of the by-law; and s. 120 -- 151 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 139 (c) that a copy of the by-law may be inspected, free of charge, and the places and times at which and the means by which a copy of the by-law may be inspected under section 287ZK; and (d) the address of the Authority (including any electronic address) and the site of any electronic publication of information by the Authority about its operations. Division 4—General 287ZJ. Effect of by-laws (1) A by-law made under Division 2 has no effect until notice of its making under section 287ZC is published in the Government Gazette. (2) A by-law made under Division 3 has no effect until it is approved by the Minister and notice of its making under section 287ZI is published in the Government Gazette. 287ZK. Inspection of by-laws (1) An Authority must ensure that a copy of any by-law made by it— (a) is available for inspection, free of charge, at the offices of the Authority during ordinary business hours; and (b) is able to be inspected, free of charge, by means of electronic communication at the electronic address of the Authority. (2) An Authority must ensure that any by-law made by it is able to be purchased, on demand, at the offices of the Authority during ordinary business hours. s. 120 -- 152 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 140 287ZL. Automatic revocation of by-laws (1) Unless sooner revoked, a by-law is by virtue of this section, revoked on the day which is 10 years after the making of the by-law. (2) In the case of any particular by-law, the Minister may certify that the operation of the by-law that would otherwise be revoked should be extended beyond the day of revocation, if the Minister is satisfied that there are particular circumstances that make that certification reasonable. (3) The Authority that has made a by-law to which sub-section (2) applies may on the certification of the Minister under sub- section (2), make a by-law under this Act extending the operation of the by-law that is the subject of the certification for a period of no more than 12 months. (4) The Minister must not make more than one certification under sub-section (2) in relation to any particular by-law.'. 121. Insertion of new section 295A After section 295 of the Water Act 1989 insert— "295A. Power to issue infringement notices (1) A person authorised in writing, either generally or in a particular case, by an Authority may serve an infringement notice on any person he or she reasonably believes has contravened a restriction or prohibition on the use of water in any area set out, in accordance with section 170A(4), in a Schedule to the permanent water saving plan that the Authority has adopted under section 170A(9). s. 121 -- 153 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 141 (2) An offence referred to in sub-section (1), for which an infringement notice may be served, is an infringement offence within the meaning of the Infringements Act 2006. (3) The penalty to be paid in respect of an offence, to which an infringement notice that is served under this section relates, must not exceed 1 penalty unit.". 122. Service of documents For section 304(1) of the Water Act 1989 substitute— "(1) Any document required or permitted to be served on an Authority may be served— (a) by being left at its principal office with a person authorised in writing by the Authority to accept service of documents on behalf of the Authority; or (b) by sending it by certified mail addressed to the managing director at the principal office of the Authority.". 123. Incorporation of plans etc. in other instruments (1) In section 305C(1) of the Water Act 1989— (a) in paragraph (b) for "then; or" substitute "then."; (b) paragraph (c) is repealed. (2) After section 305C(2)(b) of the Water Act 1989 insert— "(ba) section 6A;". (3) Section 305C(2)(c) of the Water Act 1989 is repealed. s. 122 -- 154 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 142 (4) After section 305C(2)(h) of the Water Act 1989 insert— "(ha) section 33AAA;". (5) Sections 305C(2)(i), 305C(2)(j), 305C(2)(k), 305C(2)(l) and 305C(2)(m), of the Water Act 1989 are repealed. (6) After section 305C(2)(n) of the Water Act 1989 insert— "(na) section 122H; (nb) section 122I; (nc) section 122J; (nd) section 122K; (ne) section 122T; (nf) section 122U; (ng) section 122Y; (nh) section 122Z; (ni) section 122ZA; (nj) section 122ZK;". (7) After section 305C(2)(q) of the Water Act 1989 insert— "(qa) section 188A(3);". 124. Change of cross-reference In section 306(1)(b) of the Water Act 1989, for section "33AB(1)" substitute "section 33AAB(1)". 125. Ministerial directions (1) In section 307(1) of the Water Act 1989— (a) after "The Minister" insert ", after consulting with the Treasurer,"; (b) after "may give a" insert "written". s. 124 -- 155 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 143 (2) After section 307(1) of the Water Act 1989 insert— "(1A) An Authority to which a direction has been given under sub-section (1) must comply with the direction.". 126. Insertion of new section 307A After section 307 of the Water Act 1989 insert— "307A. Reimbursement of cost of complying with directions (1) If the Minister is satisfied that an Authority has suffered financial detriment as a result of complying with a direction of the Minister under section 307, the Minister may direct that an Authority be reimbursed the amount determined by the Minister to be the amount of the financial detriment. (2) The Minister must not make a determination under sub-section (1) unless the Minister has first— (a) obtained the approval of the Minister administering the Financial Management Act 1994; and (b) consulted with the board of directors of the Authority. (3) On making a determination under sub- section (1), the Authority becomes entitled to the payment of the amount so determined. (4) A reference in sub-section (1) to suffering financial detriment includes a reference to— (a) incurring costs that are greater than would otherwise have been incurred; or (b) foregoing revenue that would otherwise have been received. s. 126 -- 156 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 144 (5) A determination under sub-section (1) must be made in writing.". 127. Guidelines as to terms and conditions of employment In section 322(1)(a) of the Water Act 1989, after "Authority" insert "other than a Catchment Management Authority". 128. Insertion of new section 324A After section 324 of the Water Act 1989 insert— "324A. Powers to make regulations as to elections (1) The Governor in Council may make regulations for or with respect to the holding of elections for the filling of vacancies in the membership of the board of directors of First Mildura Irrigation Trust, including but not limited to, regulations for or with respect to— (a) enrolment for and voting at elections; (b) the compilation of voters' rolls; (c) the provision by an Authority of a copy of a voters' roll on payment of a fee of a specified amount; (d) the date on which ordinary elections are to be held; (e) the calling of nominations; (f) requiring a refundable nomination fee of a specified amount to be paid by candidates; (g) providing for pre-poll voting in person; (h) providing for postal voting; (i) providing for the registration of how- to-vote cards with the returning officer; s. 127 -- 157 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 145 (j) prohibiting the printing, publishing, handing out, distribution or otherwise making available of a how-to-vote card that was required to be registered with the returning officer but was not; (k) the maintenance of order at polling places and the removal of persons from them; (l) providing for preferential voting at elections; (m) the counting of votes; (n) the method of determining the result of an election; (o) the holding of an inquiry into an election at the request of any person or persons who dispute its validity or are dissatisfied with its conduct; (p) requiring a fee of a specified amount to be paid by any person or persons who request the holding of an inquiry into an election; (q) generally, all matters necessary for the proper conduct of elections. (2) Without limiting section 324, regulations made under this section may include regulations based on the Electoral Act 2002 and on regulations made under that Act with any alterations and adaptations that, in the opinion of the Governor in Council, are necessary. (3) Regulations made under this section must not provide for election by the quota- preferential or any other method of proportional representation.". s. 128 -- 158 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 146 129. Insertion of new sections 325A and 330A (1) After section 325 of the Water Act 1989 insert— "325A. Effect of Schedule 15 Schedule 15 has effect.". (2) After section 330 of the Water Act 1989 insert— "330A. Effect of Schedule 16 Schedule 16 has effect.". 130. Insertion of new sections 332 and 333 After section 331 of the Water Act 1989 insert— '332. Transitional and validation provision— Longwarry Drainage Trust (1) In this section— "Dandenong Valley and Westernport Authority" means the Authority established under the Dandenong Valley Authority Act 1963, whether when known as the Dandenong Valley Authority or when known as the Dandenong Valley and Westernport Authority; "former body" means the body known as the Longwarry Drainage Trust; "new body" means Melbourne Water Corporation under the Melbourne Water Corporation Act 1992. (2) On the commencement of this section— (a) the former body is abolished and its members go out of office; and (b) all rights, property and assets that immediately before that commencement were vested in the former body vest in the new body; and s. 129 -- 159 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 147 (c) all debts, liabilities and obligations of the former body existing immediately before that commencement become debts, liabilities and obligations of the new body; and (d) the new body is substituted as a party to any proceedings pending in any court to which the former body was a party immediately before the commencement; and (e) the new body is substituted as a party to any arrangement or contract entered into by or on behalf of the former body as a party and in force immediately before that commencement; and (f) any reference to the former body in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document whatsoever, so far as it relates to any period after that commencement and if not inconsistent with the context or subject-matter, must be construed as a reference to the new body. (3) Anything done or purported to have been done by Melbourne Water Corporation as successor in law of the Dandenong Valley and Westernport Authority (to the extent that that body was purporting to act as successor in law of the Longwarry Drainage Trust) that would have been validly done had the Dandenong Valley and Westernport Authority been validly appointed as successor in law of the Longwarry Drainage Trust has, and is deemed always to have had, the same force and effect as it would have s. 130 -- 160 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 148 had if the Dandenong Valley and Westernport Authority had been validly appointed as successor in law of the Longwarry Drainage Trust. (4) Anything done or purported to have been done by the Dandenong Valley and Westernport Authority, to the extent that that body was purporting to act as successor in law of the Longwarry Drainage Trust, that would have been validly done had the Dandenong Valley and Westernport Authority been validly appointed as successor in law of the Longwarry Drainage Trust has, and is deemed always to have had, the same force and effect as it would have had if the Dandenong Valley and Westernport Authority had been validly appointed as successor in law of the Longwarry Drainage Trust. 333. Amendment of Register The Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of section 332.'. s. 130 -- 161 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 149 131. Substitution of Schedule 1 For Schedule 1 to the Water Act 1989 substitute— "SCHEDULE 1 WATER CORPORATIONS AND FORMER WATER AUTHORITIES TABLE Item Column 1 Water Corporations Column 2 Former Water Authorities 1. Barwon Region Water Corporation Barwon Region Water Authority 2. Central Gippsland Region Water Corporation Central Gippsland Region Water Authority 3. Central Highlands Region Water Corporation Central Highlands Region Water Authority 4. Coliban Region Water Corporation Coliban Region Water Authority 5. East Gippsland Region Water Corporation East Gippsland Region Water Authority 6. First Mildura Irrigation Trust First Mildura Irrigation Trust 7. Gippsland and Southern Rural Water Corporation Gippsland and Southern Rural Water Authority 8. Goulburn—Murray Rural Water Corporation Goulburn-Murray Rural Water Authority 9. Goulburn Valley Region Water Corporation Goulburn Valley Region Water Authority 10. Grampians Wimmera Mallee Water Corporation Grampians Wimmera Mallee Water Authority s. 131 -- 162 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 150 Item Column 1 Water Corporations Column 2 Former Water Authorities 11. Lower Murray Urban and Rural Water Corporation Lower Murray Urban and Rural Water Authority 12. Melbourne Water Corporation Melbourne Water Corporation 13. North East Region Water Corporation North East Region Water Authority 14. South Gippsland Region Water Corporation South Gippsland Region Water Authority 15. Wannon Region Water Corporation Wannon Region Water Authority 16. Western Region Water Corporation Western Region Water Authority 17. Westernport Region Water Corporation Westernport Region Water Authority __________________". 132. Substitution of Schedule 2 For Schedule 2 to the Water Act 1989 substitute— 'SCHEDULE 2 TRANSITIONAL PROVISIONS APPLYING ON RESTRUCTURING OR ABOLITION OF WATER CORPORATIONS 1. Definitions In this Schedule— "old corporation" means a water corporation from whom powers, duties or functions are being transferred under a determination of the Minister under section 87 or 88; s. 132 -- 163 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 151 "new corporation" means a water corporation to whom powers, duties or functions are being transferred under a determination of the Minister under section 87 or 88. 2. Membership of board of directors on restructuring or abolition (1) The Minister may, in the case of an old corporation or a new corporation, specify, in the determination under section 87 or 88 (as the case requires), an alteration to the membership of the board of directors of the corporation either by— (a) the appointment of additional members to the board of directors; or (b) the removal of members from the board of directors. (2) Division 3 of Part 6 applies to an appointment of a member to a board of directors under sub- clause (1) as if it were an appointment under that Division. 3. Transfer of assets on restructuring or abolition On the making of a determination under section 87 or 88— (a) any rights, property and assets of the old corporation that are specified in the determination are deemed to be vested in the new corporation; and (b) any debts, liabilities and obligations of the old corporation arising out of any vesting under paragraph (a) are deemed to be the debts, liabilities and obligations of the new corporation; and (c) the new corporation is substituted as a party to any arrangement or contract entered into by or on behalf of the old corporation arising out of any vesting under paragraph (a). s. 132 -- 164 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 152 4. Transfer of staff (1) On the making of a determination under section 87 or 88, all specified officers of the old corporation become officers of the new corporation and each such officer— (a) holds an office that is equivalent to that previously held by the person in the old corporation; and (b) holds the office on terms and conditions no less favourable than those of the office in the old corporation and with the benefit of all rights accrued in respect of the office so held. (2) In this section "specified officer" means a person who holds an office that is specified in the determination, or is of a class of offices that is specified in the determination. 5. Amendment of Register The Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of this Schedule. 6. Continuation of by-laws on restructuring or abolition Any by-law made by an old corporation, being a by-law that— (a) relates to property, rights or liabilities that are transferred under clause 3 to a new corporation; and (b) is in force immediately before that transfer— is deemed, on the happening of the transfer to be a by-law made by the new corporation and may be amended or revoked accordingly. __________________'. s. 132 -- 165 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 153 133. Substitution of Schedule 3 For Schedule 3 to the Water Act 1989 substitute— "SCHEDULE 3 PARTICULAR POWERS OF MELBOURNE WATER CORPORATION Corporation to maintain certain roads in Corio and Werribee (1) The Road Management Act 2004 applies to any road or portion of a road— (a) that is within the municipal district of the City of Wyndham; and (b) that is abutted on both sides by land owned by Melbourne Water Corporation; and (c) that is not a freeway or arterial road, within the meaning of the Road Management Act 2004— as if the road or the part of the road is a road within the meaning of that Act. (2) For the purposes of the Road Management Act 2004, the relevant road authority for the land to which sub-section (1) applies is Melbourne Water Corporation, subject to any regulations for the purposes of section 37(1)(c) of that Act. __________________". 134. Amendment of Schedule 6—First Mildura Irrigation Trust (1) Clause 1 of Schedule 6 to the Water Act 1989 is repealed. (2) Insert the following definition in clause 2(1) of Schedule 6 to the Water Act 1989— ' "election" includes an election to fill an extraordinary vacancy;'. s. 133 -- 166 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 154 (3) For clause 3 of Schedule 6 to the Water Act 1989 substitute— "3. Enrolment to vote A person whose name appears in the register of the First Mildura Irrigation Trust as an owner or occupier of not less than 1 hectare of rateable land that is not a township allotment is entitled, without application, to be enrolled on the voter's roll. 3A. Entitlement to vote (1) A person who is not enrolled on the voter's roll is not entitled to vote at an election of members of the board of directors of First Mildura Irrigation Trust. (2) At an election of members of the board of directors of First Mildura Irrigation Trust, a person who is enrolled on the voter's roll of the First Mildura Irrigation Trust is entitled to one vote. (3) Sub-clause (2) does not require an owner or occupier of property whose principal place of residence is outside the irrigation district of First Mildura Irrigation Trust, to vote at an election. 3B. Eligibility to stand for election A person is eligible to stand for election as a member of the board of directors of the First Mildura Irrigation Trust if that person is an occupier or owner of rateable land in the irrigation district of the First Mildura Irrigation Trust and that person's name appears on the register of the Trust in respect of that land and that person is not disqualified from voting under this Schedule or under regulations made under section 324A.". (4) Clauses 4 and 4A of Schedule 6 to the Water Act 1989 are repealed. (5) Clause 8 of Schedule 6 to the Water Act 1989 is repealed. s. 134 -- 167 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 155 135. Repeal of Schedules relating to former bodies Schedules 7 and 8 to the Water Act 1989 are repealed. 136. Repeal of Schedules 11 and 12 Schedules 11 and 12 to the Water Act 1989 are repealed. 137. Amendment of Schedule 12A—mortgages For clause 1(2) of Schedule 12A to the Water Act 1989 substitute— "(2) The owner of a water share must not mortgage an undivided portion of the water share. (2A) The holder of a limited term transfer of a water share must not mortgage the limited term transfer of the water share.". 138. Schedule 15, amendment of definition of owner In the definition of "owner" in clause 1(1) of Schedule 15 to the Water Act 1989— (a) in paragraph (a), for "the registered proprietor of the land" substitute "the registered proprietor of an estate in fee simple in the land"; (b) in paragraph (b)(i), for "a mortgage over the land" substitute "a mortgage over an estate in fee simple in the land"; (c) for paragraph (b)(ii) substitute— "(ii) in the case of any other estate in fee simple, the owner of the legal estate;". 139. Schedule 15, conversion of prior joint right In clause 4(1) of Schedule 15 to the Water Act 1989, after "prior joint right within the water system" insert ", that does not relate to Crown land". s. 135 -- 168 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 156 140. Schedule 15, conversion of prior water right In clause 5(1) of Schedule 15 to the Water Act 1989, after "prior water right within the water system" insert ", that does not relate to Crown land". 141. Amendment of Schedule 15—correction of reference In clause 5(4) of Schedule 15 to the Water Act 1989, for "222(1)(b)" substitute "222(1)". 142. Schedule 15, conversion of prior domestic and stock right In clause 6(1) of Schedule 15 to the Water Act 1989, after "prior domestic and stock right within the water system" insert ", that does not relate to Crown land". 143. Amendment of Schedule 15—correction of reference In clause 6(4) of Schedule 15 to the Water Act 1989, for "222(1)(a)" substitute "222(1)". 144. Schedule 15, holdings to which no rights apply In clause 8(2) of Schedule 15 to the Water Act 1989— (a) omit ", prior domestic and stock right"; (b) for "within one year" substitute "within 6 months or any other period (not being more than 12 months) specified in the conversion rules". 145. Schedule 15, serviced property In clause 12 of Schedule 15 to the Water Act 1989, for "is deemed to be a serviced property" substitute "is deemed to be serviced property". s. 140 -- 169 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 157 146. Schedule 15, mortgages (1) In clause 25(1) of Schedule 15 to the Water Act 1989— (a) after "in the form" insert "and manner"; (b) for "and propose that clause 26 should apply to the mortgage" substitute "and advise the owner that clause 26 will apply to the mortgage". (2) After clause 25(1) of Schedule 15 to the Water Act 1989 insert— "(1A) A notice under sub-clause (1) must be given by the Authority before the appointed day for the water system, when it is practicable to do so.". (3) Before clause 26(1) of Schedule 15 to the Water Act 1989 insert— "(1AA) On and from the appointed day for a water system, the following sub-clauses apply to each mortgage over the whole or a part of any parcel of land where, the owner of the whole or the part of the parcel, by virtue of that ownership, is deemed by the operation of Part 2, to be the owner of a water share in respect of the water system.". (4) In clause 26(1) of Schedule 15 to the Water Act 1989— (a) for "If an Authority has given a notice under clause 25 to a land owner before the appointed day for a water system, on and from the appointed day for the water system, the mortgage" substitute "The mortgage"; (b) after "to secure the debt secured by the mortgage, immediately before the appointed day," insert "and amounts that may be advanced under the mortgage on or after that day,". s. 146 -- 170 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 158 147. Schedule 15, works licences In clause 27 of Schedule 15 to the Water Act 1989, after "section 67" insert "that is in force immediately before the appointed day and". 148. Insertion of new Schedule 16 After Schedule 15 to the Water Act 1989 insert— '__________________ SCHEDULE 16 TRANSITIONAL ARRANGEMENTS WATER (GOVERNANCE) ACT 2006 PART 1—PRELIMINARY 1. Definitions In this Schedule— "pre-dating Authority", in relation to a water corporation set out in an item in Column 1 of the Table in Schedule 1 (other than item 12), means the body corporate that was, immediately before the commencement of section 54 of the 2006 Act, commonly known by the name set out in the item in Column 2 of the Table in Schedule 1 opposite that water corporation; "pre-dating Corporation" means the body corporate that was, immediately before the commencement of section 162 of the 2006 Act, the "Corporation" within the meaning of the Melbourne Water Corporation Act 1992; s. 147 -- 171 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 159 "relevant post-dating water corporation", in relation to a pre-dating Authority means the water corporation set out in the item in Column 1 of the Table in Schedule 1 immediately opposite the pre-dating Authority; "2006 Act" means the Water (Governance) Act 2006. PART 2—TRANSITIONAL ARRANGEMENTS— AUTHORITIES 2. Water Corporations deemed to be the same body as pre-dating Authorities (1) Despite the commencement of section 54 of the 2006 Act— (a) a pre-dating Authority, is deemed to continue in existence as if it were established as the relevant post-dating water corporation under Part 6 of this Act; and (b) each member of a pre-dating Authority, is deemed to continue in office as a member of the board of directors of the relevant post-dating water corporation, as if the member had been appointed under this Act, for the remaining period of that member's term of appointment. (2) Where the maximum number of members of a pre-dating Authority was, immediately before the commencement of section 54 of the 2006 Act, greater than 9, clause (1)(b) has effect to continue each member in office despite section 95. (3) Despite the commencement of section 54 of the 2006 Act— (a) any rights, property and assets that immediately before that commencement were vested in a pre-dating Authority are deemed to be vested in the relevant post- dating water corporation; and s. 148 -- 172 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 160 (b) any debts, liabilities and obligations of a pre-dating Authority that were existing immediately before that commencement are deemed to be the debts, liabilities and obligations of the relevant post-dating water corporation; and (c) the relevant post-dating water corporation is deemed to be substituted as a part to any proceedings pending in any court to which a pre-dating Authority was a party immediately before that commencement; and (d) the relevant post-dating water corporation is substituted as a party to any arrangement or contract entered into by or on behalf of a pre-dating Authority and in force immediately before that commencement; and (e) any reference to a pre-dating Authority in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document whatsoever, so far as it relates to any period after that commencement and if not inconsistent with the context or subject-matter, must be construed as a reference to the relevant post-dating water corporation and the force and effect of any such document is not to be taken to be affected by that commencement. 3. Immunity of certain members of water corporations (1) A relevant member of a post-dating water corporation is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a power or the discharge of a duty under this Act or the regulations; or (b) in the reasonable belief that the Act or omission was in the exercise of a power of the discharge of a duty under this Act or the regulations. s. 148 -- 173 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 161 (2) Any liability arising from an act or omission that would, but for sub-section (1), attach to a relevant member of a post-dating water corporation attaches instead to the post-dating water corporation. (3) In this clause— "relevant member" in relation to a post-dating water corporation, means a person who is a member of the board of directors of the water corporation and who was, at the commencement of section 7 of the Water (Essential Services Commission and Other Amendments) Act 2003, a member of the board of the relevant pre-dating Authority and whose term of office has not expired since that commencement. 4. By-laws (1) Subject to sub-clause (2), any by-law made by a pre-dating Authority and in force immediately before the commencement of section 54 of the 2006 Act is deemed to continue in force on and after that commencement as if the by-law were made by the relevant post-dating water corporation and may be amended or revoked accordingly. (2) Any by-law made by a pre-dating Authority under this Act and in force immediately before the commencement of section 54 of the 2006 Act, that was made 10 or more years before that commencement, is deemed to continue in force for a period of no more than 12 months after that commencement, as if it were made by the relevant post-dating water corporation and may be amended or revoked accordingly. s. 148 -- 174 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 162 PART 3—TRANSITIONAL AND SAVINGS— MELBOURNE WATER CORPORATION 5. Melbourne Water Corporation deemed to be the same body as pre-dating Corporation (1) Despite the commencement of section 162 the 2006 Act— (a) the pre-dating Corporation, is deemed to continue in existence as if it were established as Melbourne Water Corporation under Part 6 of this Act; and (b) each member of the Board of Directors of the pre-dating Corporation, is deemed to continue in office as a member of the board of directors of Melbourne Water Corporation, as if the member had been appointed under this Act, for the remaining period of that member's term of appointment. (2) Despite the commencement of section 162 the 2006 Act— (a) any rights, property and assets that immediately before that commencement were vested in the pre-dating Corporation are deemed to be vested in Melbourne Water Corporation; and (b) any debts, liabilities and obligations of the pre-dating Corporation that were existing immediately before that commencement are deemed to be the debts, liabilities and obligations of Melbourne Water Corporation; and (c) Melbourne Water Corporation is deemed to be substituted as a party to any proceedings pending in any court to which the pre-dating Corporation was a party immediately before that commencement; and s. 148 -- 175 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 163 (d) Melbourne Water Corporation is substituted as a party to any arrangement or contract entered into by or on behalf of the pre-dating Corporation and in force immediately before that commencement; and (e) any reference to the pre-dating Corporation in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document whatsoever, so far as it relates to any period after that commencement and if not inconsistent with the context or subject-matter, must be construed as a reference to Melbourne Water Corporation and the force and effect of any such document is not to be taken to be affected by that commencement. (3) On the commencement of section 162 of the 2006 Act, Melbourne Water Corporation ceases to be a reorganising body within the meaning of the State Owned Enterprises Act 1992. (4) Subject to this Schedule and to any other provision of this Act, the force and effect of any instrument made or anything done under the Melbourne and Metropolitan Board of Works of Act 1958 or the Melbourne Water Corporation Act 1992 by the pre-dating corporation, is not to be taken to be affected by the repeal of those Acts. 6. Ownership of works Any works that were, immediately before the commencement of section 162 of the 2006 Act— (a) owned; or (b) in the process of being constructed, that are not works in respect of which it has been agreed that they are to be owned by another person on completion of construction— by the pre-dating Corporation are deemed to be owned by Melbourne Water Corporation. s. 148 -- 176 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 164 7. Designated land or works Any land or works within the waterway management district of Melbourne Water Corporation that was land or works of the pre- dating Corporation immediately before the commencement of section 79 of the 2006 Act that was used for the purposes in the nature of the purposes of Part 10 are deemed to be designated land or works of Melbourne Water Corporation for the purposes of that Part. 8. Main drains Any drain or waterway that was a main drain (within the meaning of section 259(1) of the Melbourne and Metropolitan Board of Works Act 1958) immediately before the commencement of section 162 of the 2006 Act, is deemed to be a designated waterway of Melbourne Water Corporation for the purposes of Part 10. 9. Statutory easements Any right in the nature of an easement or purporting to be an easement or deemed to be an easement vested in the pre-dating Corporation immediately before the commencement of section 162 of the 2006 Act is deemed to be a right of Melbourne Water Corporation to which section 130(3) applies. 10. Continuation of operation of by-laws Despite the commencement of section 162 of the 2006 Act, each by-law made by the pre-dating Corporation described in the Table to this clause is deemed to continue in force until its revocation under section 5 of the Subordinate Legislation Act 1994, as if the by-law were made under this Act by Melbourne Water Corporation, and the by-law may be amended or revoked accordingly. s. 148 -- 177 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 165 Table Statutory Rule Number Description of by-law S.R. No. 173/1997 By-Law No. 1 Water Supply Protection (as in force immediately before the commencement of section 162 of the 2006 Act) S.R. No. 94/2002 By-Law No. 294 Waterways (Revocation) (as in force immediately before the commencement of section 162 of the 2006 Act) S.R. No. 113/1998 By-Law No. 2 Waterways and Drainage Protection (as in force immediately before the commencement of section 162 of the 2006 Act) 11. Transfer of sewerage or drainage reserves in certain subdivisions to Corporation (1) Where any map or plan has been lodged or deposited with the Registrar of Titles pursuant to section 97 of the Transfer of Land Act 1958 or a corresponding previous enactment which has been sealed before the commencement of section 44 of the Subdivision Act 1988 and any allotment on the map or plan has been transferred, the Governor in Council may on the request of Melbourne Water Corporation, by Order published in the Government Gazette, direct that the whole or any part of the land comprised in any reserve shown on the map or plan as a reserve for the purposes of sewerage or drainage or sewerage and drainage, (being land which is under the jurisdiction of the Corporation) is vested in the Corporation. (2) Sub-clause (1) does not apply to any land which has been transferred to or vested in the council of a municipality or in respect of which a request has been made by a council that the owner of the land execute an agreement under seal to transfer that reserve or any part of that reserve to it. s. 148 -- 178 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 166 (3) On publication of an Order under sub- section (1), that land vests in Melbourne Water Corporation freed and discharged from any mortgage, charge, lease or sub-lease. 12. Building lines Any building line (within the meaning of section 268 of the Melbourne and Metropolitan Board of Works Act 1958, as in force immediately before its repeal) as determined under that section (as so in force), being a building line in force, immediately before that repeal, in any part of the area delineated in red on the plan lodged in the central plan office and numbered LEGL./05-406, is deemed to be a building line determined by Melbourne Water Corporation under Division 4 of Part 10. 13. Serviced properties Any land that was, immediately before the commencement of section 163 of the 2006 Act, rateable property (within the meaning of the Melbourne and Metropolitan Board of Works Act 1958 as in force before its repeal) for the purposes of the pre-dating corporation, is deemed to be serviced property, within the meaning of this Act, for the purposes of Melbourne Water Corporation. 14. Saving of certain entitlements to water Despite the repeal of the Melbourne and Metropolitan Board of Works Act 1958, any entitlement of the pre-dating corporation to take water under that Act, being an entitlement that was in force immediately before that repeal, is deemed to continue in force, as if the entitlement is an entitlement of Melbourne Water Corporation and the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal) is deemed to continue to apply to any such entitlement. s. 148 -- 179 of 240 -- Part 2—Amendments to the Water Act 1989 Water (Governance) Act 2006 Act No. 85/2006 167 PART 4—MISCELLANEOUS TRANSITIONAL PROVISIONS 15. References to storage operators A reference in any bulk entitlement in force immediately before the commencement of section 54 of the 2006 Act to a storage operator, in relation to a water storage, is deemed to be on and after that commencement, a reference to the storage manager appointed under Part 6C for that water storage. 16. Saving of certain regulations (1) Despite the commencement of section 54 of the 2006 Act, the Water (Lake Eildon) (Houseboat) Regulations 2003 are deemed to continue in force until their revocation under section 5 of the Subordinate Legislation Act 1994, as if the regulations were made under section 122ZF of this Act (as in force on or after that commencement) and may be amended or revoked accordingly. (2) Despite the commencement of section 54 of the 2006 Act, the Water (Long Service Leave) Regulations 2001 are deemed to continue in force until their revocation under section 5 of the Subordinate Legislation Act 1994, as if the regulations were made under section 119(4) of this Act (as in force on or after that commencement) and may be amended or revoked accordingly.'. __________________ s. 148 -- 180 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 168 PART 3—AMENDMENTS TO THE CATCHMENT AND LAND PROTECTION ACT 1994 149. Definitions Insert the following definitions in section 3 of the Catchment and Land Protection Act 1994— ' "domestic partner" of a person in sections 18H and 18L means an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (a) for fee or reward; or (b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); "nominated officer" means each senior officer of an Authority who is nominated by the board of an Authority; "relative" has the same meaning as in the Water Act 1989; "return period", in relation to the ordinary return of a member of the Authority or a nominated officer in section 18L, means— See: Act No. 52/1994. Reprint No. 3 as at 5 August 2004 and amending Act Nos 81/2004, 108/2004 and 7/2005. LawToday: www.dms. dpc.vic. gov.au s. 149 -- 181 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 169 (a) if the last return of the member or nominated officer was a primary return, the period between the date of the primary return and the next 30 June; or (b) if the last return of the member or nominated officer was an ordinary return, the period between the date of the ordinary return and the next 30 June; "subordinate instrument" has the same meaning as in the Interpretation of Legislation Act 1984;'. 150. Amendment of headings (1) For the heading to Division 2 of Part 2 of the Catchment and Land Protection Act 1994 substitute— "Division 2—Catchment and Land Protection Regions". (2) Insert the following heading to section 10 of the Catchment and Land Protection Act 1994— "Areas and boundaries of catchment and land protection regions". 151. Substitution of sections 11 to 14 For sections 11, 12, 13 and 14 of the Catchment and Land Protection Act 1994 substitute— 'Division 3—Catchment Management Authorities 11. Establishment of Authorities (1) The Minister must, by instrument establish a Catchment Management Authority for each catchment and land protection region. s. 150 -- 182 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 170 (2) Each Catchment Management Authority established under sub-section (1)— (a) is a body corporate with perpetual succession; and (b) has an official seal; and (c) may sue and be sued; and (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the seal of a Catchment Management Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed. (4) The official seal of each Catchment Management Authority must be kept in the custody that is directed by the Authority and must not be used, except as authorised by the Authority. 12. Functions powers and duties of Authorities (1) Each Authority has the following functions in respect of the region for which it has been appointed— (a) to prepare a regional catchment strategy for the region and to co-ordinate and monitor its implementation; (b) to prepare special area plans for areas in the region and to co-ordinate and monitor their implementation; s. 151 -- 183 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 171 (c) to promote the co-operation of persons and bodies involved in the management of land and water resources in the region in preparing and implementing the strategy and special area plans; (d) to advise the Minister, and, if requested by any other Minister, that other Minister— (i) on regional priorities for activities by and resource allocation to bodies involved in the management of land and water resources in the region; and (ii) on guidelines for integrated management of land and water resources in the region; and (iii) on matters relating to catchment management and land protection; and (iv) on the condition of land and water resources in the region; (e) to promote community awareness and understanding of the importance of land and water resources, their sustainable use, conservation and rehabilitation; (f) to make recommendations to the Minister about the funding of the implementation of the regional catchment strategy and any special area plan; (g) to make recommendations to the Minister and the Secretary about actions to be taken on Crown land managed by the Secretary to prevent land degradation; s. 151 -- 184 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 172 (h) to advise the Minister and provide information to the Minister on any matter referred to it by the Minister; (i) to carry out any other functions conferred on the Authority by or under this Act or any other Act. (2) Each Authority has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions, including any function delegated to it. (3) Sub-section (2) is not to be taken to be limited by any other provision of this Act that confers a power on the Authority. (4) Each Authority has the duties conferred on it by or under this or any other Act. 13. Appointment of administrator (1) The Minister may, by determination, appoint an administrator to carry out the functions of the Authority, if an Authority fails or refuses to comply with a direction of the Minister under— (a) section 19A; or (b) section 307 of the Water Act 1989. (2) A determination of the Minister under sub- section (1)— (a) must specify the term for the which the Administrator is appointed, which must not be more than 12 months; (b) must set out reasons for the actions proposed in it; and s. 151 -- 185 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 173 (c) must be published in the Government Gazette; and (d) must be laid by the Minister before both Houses of Parliament within 5 sitting days of each House after the Order is made. (3) During the period for which an administrator is appointed under this section, the administrator acts in substitution for the board in performing the functions and duties of the Authority. (4) Any defect in relation to the appointment of the administrator does not invalidate that appointment or anything done by the administrator. (5) On the expiry of a determination under this section the Minister must determine whether or not to— (a) reinstate to his or her office each member of the board of the Authority whose term has not expired; or (b) dismiss each member of the board of the Authority. (6) The administrator goes out of office— (a) if members are reinstated under sub- section (5)(a), at the time of that reinstatement; or (b) if all the members are dismissed under sub-section (5)(b), on the appointment of new members— as the case requires. s. 151 -- 186 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 174 (7) If the term of appointment of the administrator expires and a determination under sub-section (5) has not been made, members of the board of the Authority whose term has not expired, are re-instated. 14. Application of Public Administration Act 2004 The Public Administration Act 2004 applies to each Authority as if that Authority were a public entity but not a small entity within the meaning of that Act, established on or after the commencement of Part 5 of that Act. Division 4—Boards 15. Board (1) Each Catchment Management Authority must have a board consisting of— (a) a chairperson; and (b) not less than 5 and not more than 8 other members— appointed by the Minister, after consultation with the Minister administering the Water Act 1989 and the Minister administering the Agricultural Industry Development Act 1990. (2) The board of each Authority must consist of persons with experience and knowledge of one or more of the following— (a) land management; (b) water resources management and the water industry; (c) waterway management; s. 151 -- 187 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 175 (d) environment or natural resources management; (e) primary industry; (f) strategic or business planning; (g) financial management. (3) More than one half of the members of the board of each Catchment Management Authority (other than the Port Phillip and Westernport Catchment Management Authority) must be persons whose principal occupation is primary production. 16. Function of boards (1) The board of an Authority— (a) is responsible for— (i) the strategic planning of the Authority; and (ii) deciding the policies of the Authority; and (iii) the management of the affairs of the Authority, including ensuring the performance of the functions and the carrying out of the duties of the Authority; and (b) may exercise the powers of the Authority. (2) Each board of an Authority, in performing its functions, exercising its powers and carrying out its duties must act in a proper and efficient manner. s. 151 -- 188 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 176 17. Terms and conditions of appointment of members of boards A member of the board of an Authority holds office, subject to this Act— (a) for the term, not exceeding 4 years, that is specified in the instrument of his or her appointment and is eligible for re-appointment; and (b) subject to this section, on the other terms and conditions that are determined by the Minister. 18. Appointment of chairperson (1) The chairperson of the board of an Authority must be appointed by the Minister. (2) The Minister may appoint as a chairperson any person who was a member of the board immediately before being appointed as chairperson. (3) If a vacancy arises in the office of the chairperson, the Minister must appoint a person in accordance with this section to fill the vacancy. (4) The chairperson holds office for the term specified by the Minister. (5) The chairperson may resign by notice in writing to the Minister. 18A. Deputy chairperson (1) The board of an Authority must appoint one of the members of the board to be the deputy chairperson of the board. (2) The deputy chairperson, if present, must preside at meetings of the board at which the chairperson is not present. s. 151 -- 189 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 177 18B. Acting appointments (1) The deputy chairperson must act as chairperson if— (a) the office of chairperson is vacant; or (b) the chairperson is unable, for any reason, to perform the duties of office, and it is not possible for the members to participate in a meeting in accordance with section 18N(7). (2) While the deputy chairperson is acting as chairperson, the deputy chairperson has and may exercise all the powers, and must perform all the duties, of the chairperson. (3) The Minister may appoint a person who has the experience and knowledge as required under section 15 to be a member of the board of an Authority during any period, or during all periods, when— (a) the deputy chairperson is acting as chairperson; or (b) a member of the board is unable for any reason to attend meetings of the board. 18C. When a member ceases to hold office (1) The office of member of the board of an Authority becomes vacant if the member— (a) resigns in accordance with sub- section (2); or (b) becomes an insolvent under administration (within the meaning of the Corporations Act); or (c) fails to attend 3 consecutive meetings of the board without the approval of the board. s. 151 -- 190 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 178 (2) A person may resign from the office of member of the board of an Authority by notice in writing to the Minister. 18D. Removal from office of member (1) The Minister may at any time remove a member of the board of an Authority from the office of member. (2) The Minister must remove a person from the office of member of the board of an Authority if the member— (a) is convicted of an offence relating to his or her duties as a member of the board of an Authority; or (b) fails without reasonable cause to disclose any interest under section 18G. 18E. Validity of decisions (1) An act or decision of the board of an Authority is not invalid merely because of— (a) a vacancy in the membership of the board; or (b) a defect or irregularity in, or in connection with, the appointment of a member of the board. (2) Anything done by or in relation to a person purporting to act as a member of the board of an Authority, whether as chairperson, deputy chairperson or another member, is not invalid merely because— (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in relation to the appointment; or s. 151 -- 191 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 179 (c) the appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. 18F. Improper use of information A member or a person who has been a member of the board of an Authority must not make improper use of information acquired by virtue of that person's position as a member— (a) to gain directly or indirectly any pecuniary advantage for himself or herself or for any other person; or (b) with intent to cause detriment to the Authority, whether or not detriment was caused. Penalty: 20 penalty units. 18G. Effect of pecuniary interests (1) A member of the board of an Authority who has a pecuniary interest in any matter in which the Authority is concerned must— (a) if the member is present at a meeting of the board or any of its committees at which the matter is to be considered, disclose the nature of the interest immediately before the consideration; or (b) if the member is aware that the matter is to be considered at a meeting of the board or any of its committees at which the member does not intend to be present, disclose the nature of the interest to the chairperson, or if the chairperson has the interest, the deputy chairperson, before the meeting is held. s. 151 -- 192 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 180 (2) If a member of the board of an Authority has disclosed an interest to the chairperson or the deputy chairperson, as the case may be, under sub-section (1)(b), the chairperson or the deputy chairperson must disclose that interest at the meeting at which the matter is considered, before the consideration of the matter. (3) The member— (a) may stay in the meeting during any consideration of the matter; and (b) may take part in the discussion; and (c) must not move or second a motion on a question relating to the matter; and (d) must leave the meeting while any vote is taken on a question relating to the matter; and (e) may, when notified that the vote has been declared by the chairperson, or the deputy chairperson if it is the chairperson who has the interest, return to the meeting. (4) If a member discloses an interest under sub- section (1), a statement showing— (a) that the disclosure was made; and (b) the nature of the matter and the nature of the disclosed interest; and (c) whether any vote was taken on a question relating to the matter and, if so, whether the member was present while the vote was taken; and s. 151 -- 193 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 181 (d) whether the member left the meeting at any time during consideration of the matter and, if so, at what stage the member left— must— (e) in the case of a disclosure made at or before a meeting of the board, be included in the minutes of the meeting; and (f) in the case of a disclosure made at or before a meeting of a committee, be recorded by the committee and presented to, and included in the minutes of the next ordinary meeting of the board. (5) A person must comply with sub-section (1) or (3). Penalty: 20 penalty units. (6) It is a defence to a charge under sub- section (5) for the person charged to prove that the person did not know— (a) that he or she had a pecuniary interest in the matter; or (b) that a matter in which he or she had a pecuniary interest was considered or to be considered at the meeting. (7) The Magistrates' Court has jurisdiction over a charge under this section even though title to land may be genuinely in question. (8) A charge may not be filed for an offence under this section more than 3 years after the commission of the alleged offence. s. 151 -- 194 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 182 (9) The Minister may, by notice in writing to an Authority, remove any disability imposed by this section in any case if so many of the members of the board of the Authority are affected that the Minister decides that the transaction of the business of the Authority would be impeded. (10) For the purposes of sub-section (9), the Minister may remove, either indefinitely or for a specified time, any disability that would otherwise attach to a member, or class of members, because of any interests, and in respect of any matters, that the Minister specifies in the notice. 18H. What constitutes a pecuniary interest? (1) In this section "shares" includes stock, and "share capital" must be read accordingly. (2) A member does not have a pecuniary interest to which section 18G applies in relation to a matter only because that member has an interest in the matter— (a) as a person who receives a service from the Authority in common with other persons who receive a service from the Authority; or (b) as a person who is, or may become, entitled to an allowance or other payment under this Act, if the maximum amount of the allowance or payment, or the rate at which the amount is to be calculated, is fixed under this Act; or (c) as a member of a club or other association (incorporated or not) that is conducted primarily for charitable, s. 151 -- 195 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 183 benevolent, recreational or community purposes; or (d) as a member of an employers' or employees' association; or (e) as a person to whom the Authority offers, or proposes to offer, goods and services which are, or are proposed to be, offered generally by the Authority on the same terms and conditions as to that member; or (f) as a person who receives a service from the Authority, or as a resident of a region under the control of the Authority, who may be required by the Authority to make any payment that other persons who receive that service, or other residents of the region, may be required by the Authority to make. (3) Unless sub-section (4) provides otherwise, a person has a pecuniary interest in a matter if— (a) the person or his or her nominee is a member of a company or other body which has a pecuniary interest in the matter; or (b) the person is the sole proprietor, a partner, a director or an employee of a person who has a pecuniary interest in the matter. (4) Sub-section (3) does not apply— (a) to membership of any body (incorporated or not) which results from an appointment or nomination made by the board of an Authority; or s. 151 -- 196 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 184 (b) to membership or directorship of any body (incorporated or not) if the member or director has no beneficial interest in any capital or income of the body. (5) If a member of a board of an Authority has a pecuniary interest in a matter only because he or she has a beneficial interest in the shares of a body, and if the total nominal value of those shares is not more than $2000 or 1 per cent of the total nominal value of the issued share capital of the body (whichever is less), section 18G does not preclude the member from taking part in the consideration of the matter. (6) If the share capital of a body is of more than one class, sub-section (5) does not apply if the total nominal value of all the shares of any one class in which the member has a beneficial interest is more than 1 per cent of the total nominal value of the issued share capital of that class of the body. (7) The interest of a member's spouse or domestic partner must, if known to the member, be taken to be an interest of the member for the purposes of this section. 18I. Pecuniary interest does not prevent voting and consideration of some questions Nothing in section 18G precludes any person from taking part in the consideration of, or voting on— (a) any question of whether the amount payable for goods or services previously supplied or provided under any contract should be paid from any s. 151 -- 197 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 185 fund of the Authority or from any other money belonging to the Authority; or (b) any question of whether an application should be made to the Minister for the exercise of the powers conferred by section 18G(9). 18J. Effect of finding of guilt for offence against section 18G (1) A member of the board of an Authority who is found guilty of an offence against section 18G or any corresponding previous enactment is not capable of being or continuing to be a member of a board of an Authority for 7 years after that finding of guilt, unless— (a) on application by the person found guilty, the court by which he or she is found guilty; or (b) a court hearing an appeal under sub- section (2)— thinks it is appropriate in the circumstances to reduce or waive the period of disqualification. (2) A person may, within 6 months after a decision on an application under sub-section (1)(a), appeal from that decision— (a) if the person was found guilty by the Magistrates' Court—to the County Court; and (b) in any other case—to the Supreme Court. s. 151 -- 198 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 186 (3) An appeal is by way of re-hearing of the application, and the court may do anything that it would be entitled to do if the appeal were an appeal against the sentence imposed on the finding of guilt giving rise to the disqualification. 18K. Submission of returns by members and nominated officers (1) A person who becomes a member of a board of an Authority must within 30 days after becoming a member submit a primary return in the prescribed form to a person authorised by the board of the Authority. Penalty: 20 penalty units. (2) If a person is re-appointed on completion of his or her term of office as a member, the member need not submit a new primary return. (3) If the board of an Authority has resolved that nominated officers must submit returns— (a) each nominated officer must within 30 days after the resolution; and (b) any person who becomes a nominated officer after the resolution must within 30 days after his or her appointment as a nominated officer— submit a primary return in the prescribed form to a person authorised by the board of the Authority. Penalty: 20 penalty units. s. 151 -- 199 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 187 (4) A member or a nominated officer of each Authority must, on or before 31 July each year, submit an ordinary return in the prescribed form to a person authorised by the board of the Authority. Penalty: 20 penalty units. 18L. Information to be disclosed in primary and ordinary returns (1) Each member and each nominated officer must disclose the following information in the primary return as at the date of the primary return— (a) the name of any company or other body, corporate or unincorporate, in which he or she held an office whether as a director or otherwise; (b) the information referred to in paragraphs (b), (c), (d) and (f) of sub- section (2). Penalty: 20 penalty units. (2) Each member and each nominated officer must disclose in an ordinary return the following information in relation to the return period— (a) if he or she has held an office, whether as director or otherwise, in any company or body, corporate or unincorporate—the name of the company or body; (b) the name or description of any company, partnership, association or other body in which he or she holds a beneficial interest which exceeds in value $2000; s. 151 -- 200 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 188 (c) the address or description of any land in the region of the Authority or in a region which adjoins that Authority's region in which he or she has any beneficial interest other than by way of security for any debt; (d) a concise description of any trust— (i) in which he or she holds a beneficial interest; or (ii) of which he or she is a trustee and in which a relative holds a beneficial interest; (e) particulars of any gift of $2000 or more in value received by him or her from a person other than a relative; and (f) any other substantial interest, whether of a pecuniary nature or not, of the person, or of a relative of which interest the person is aware and which the person ought reasonably to consider might appear to raise a material conflict between his or her private interest and his or her public duty as a member or nominated officer. Penalty: 20 penalty units. (3) If a member or a nominated officer has already submitted one or more ordinary returns he or she must disclose in any subsequent ordinary return any change in the information disclosed in the last return and any additional information of the kind set out in sub-section (2)(a) to (f) required to be disclosed, but he or she is not required to disclose any information already disclosed in a previous return. Penalty: 20 penalty units. s. 151 -- 201 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 189 (4) In this section "relative" of a member or a nominated officer includes a domestic partner, or relative of a domestic partner, of the member or nominated officer. 18M. Authority to maintain a register (1) An Authority must— (a) maintain a register of the interests of members and, where required, nominated officers; and (b) enter in the register all the information given in the returns. (2) An Authority must allow a person to inspect the register if that person applies, in writing and in accordance with the regulations, to the Authority to do so. (3) The register may be inspected at the office of the Authority during normal office hours. (4) An Authority must take all reasonable steps to make sure that a person who has not applied does not have access to, and is not permitted to inspect, the register or any return. (5) A person must not publish any information derived from the register unless that information is a fair and accurate summary or copy of the information derived from the register. Penalty: 20 penalty units. (6) A person employed by an Authority must not, whether before or after he or she ceases to be so employed, make a record of, divulge or communicate to any person any information in relation to a matter dealt with by this section that is gained by or conveyed to him or her during his or her employment s. 151 -- 202 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 190 with the Authority, or make use of that information for any purpose other than the discharge of his or her official duties under this Act. Penalty: 20 penalty units. (7) An Authority must— (a) retain the returns of a member or a nominated officer for 3 years after the person has ceased to be a member or a nominated officer; and (b) at the end of that period, destroy the returns. (8) As soon as practicable after a person ceases to be a member or a nominated officer, the Authority must delete the entries relating to that person from the register. 18N. Proceedings of the board of an Authority (1) Subject to this Act, the board of an Authority may regulate its own procedure. (2) The chairperson or, in his or her absence, the deputy chairperson or, in the absence of both the chairperson and deputy chairperson, a member of the board of an Authority elected by the members present at the meeting, must preside at a meeting of the board. (3) The quorum for a meeting of the board of an Authority is a majority of the members for the time being. (4) A question arising at a meeting of the board of an Authority is determined by a majority of the votes of the members present and voting on the question. s. 151 -- 203 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 191 (5) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote. (6) The board of an Authority must ensure that minutes are kept of each meeting of the board. (7) The board of an Authority may permit its members to participate in a particular meeting by— (a) telephone; or (b) closed-circuit television; or (c) any other means of electronic or instantaneous communication. (8) A member of the board of an Authority who participates in a meeting under a permission under sub-section (7) is deemed to be present at the meeting. 18O. Special meetings (1) The chairperson of the board of an Authority may at any time (and must, if requested by a majority of members) call a special meeting of the board. (2) Subject to sub-section (3), a special meeting must not be held unless at least 2 days' notice has been given to each member. (3) If all members of the board consent in writing, a special meeting may be held with less than 2 days' notice being provided to each member. s. 151 -- 204 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 192 (4) Notice of a special meeting must— (a) be in writing; and (b) be served on each member, by post or in person; and (c) specify the time and place of the meeting and the reason for it. (5) A special meeting must deal only with business stated in the notice. 18P. Resolutions without meetings (1) If all of the members of the board of an Authority for the time being see a document setting out a resolution and a majority of those members sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is deemed to have been passed at a meeting of the board held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member to sign signs the document. (2) If a resolution is deemed under sub-section (1) to have been passed at a meeting of the board of an Authority, each member of the board must be advised as soon as practicable and given a copy of the terms of the resolution. (3) For the purposes of sub-section (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members of the board of an Authority, are deemed to constitute one document. s. 151 -- 205 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 193 18Q. Allowances (1) An Authority may, subject to sub-section (2), pay remuneration and allowances to its members of the board. (2) The amounts of any remuneration and allowances paid by an Authority must not exceed the amounts fixed by the Minister in respect of that Authority. (3) The amounts fixed by the Minister under this section may vary between Authorities. 18R. Expenses Despite anything in this or any other Act, the members of the board of an Authority are, if the board so resolves, entitled to be reimbursed out of the Authority's funds for any reasonable expenses they incur whilst carrying out functions and exercising powers under this Act. Example Reasonable expenses incurred when making site visits.'. 152. Repeal of redundant heading The heading to Division 4 of Part 2 of the Catchment and Land Protection Act 1994 is repealed. 153. Immunity (1) In section 19 of the Catchment and Land Protection Act 1994— (a) for "or an Authority" substitute "or any member of the board of an Authority"; (b) in paragraph (b), for "Act or omission" substitute "act or omission". s. 152 -- 206 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 194 (2) At the end of section 19 of the Catchment and Land Protection Act 1994 insert— "(2) Any liability that would, but for sub- section (1), attach to a member of the board of an Authority attaches instead to the Authority of which the person is a member of the board.". 154. Insertion of new Division 5 of Part 2 of the Catchment and Land Protection Act 1994 After section 19 of the Catchment and Land Protection Act 1994 insert— 'Division 5—Other Provisions Relating to Catchment Management Authorities 19A. Power of Minister to give directions (1) The Minister may give a direction to an Authority in relation to the performance of any of its functions or the exercise of any of its powers. (2) The Minister must give an Authority 14 days' notice of his or her intention to give a direction under sub-section (1). (3) If the Minister gives a direction to an Authority, the Minister must make sure that notice of the giving of the direction, and a statement or summary of the contents of the direction, is published in the Government Gazette. (4) An Authority to which the Minister gives a direction must make sure that a statement or summary of the contents of the direction is included in the annual report of the Authority. s. 154 -- 207 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 195 (5) A failure to comply with sub-section (3) or (4) does not affect the validity of the direction. 19B. Annual report (1) Each Authority must submit to the Minister and the Council, on or before the prescribed date in each year, a report on the condition and management of land and water resources in its region and the carrying out of its functions. (2) In this section "prescribed date" means the day in each year fixed by the Minister by instrument. 19C. Corporate plans (1) Each Authority must prepare a corporate plan and submit it to the Minister— (a) on or before the date specified by the Minister; or (b) if no such date is specified, at least 2 months before it intends to implement the plan or any part of it. (2) A corporate plan must be in or to the effect of a form approved by the Minister and must include— (a) a statement of corporate intent in accordance with section 19D; (b) a business plan and financial statements containing the information that the Minister requires; (3) An Authority may implement a corporate plan 2 months (or any shorter time allowed by the Minister) after its submission to the Minister, unless the Minister, within that time, directs in writing any variations that s. 154 -- 208 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 196 the Minister thinks fit to be made in any corporate plan submitted in accordance with this section. (4) The Minister must publish in the Government Gazette any direction made under sub-section (3). (5) The Minister must not give a direction under sub-section (3) without first having consulted the Authority about the direction. (6) An Authority must not make a major deviation from its corporate plan unless it has, at least 2 months (or any shorter time allowed by the Minister) before it intends to make the deviation, submitted to the Minister details of the proposed deviation. (7) The Minister may issue guidelines as to what are major deviations for the purposes of sub- section (6). (8) The corporate plan of an Authority at any time is that plan as varied under sub- section (3), or as revised by any deviation under sub-section (6), at that time. 19D. Statement of corporate intent: contents Each statement of corporate intent must specify for the Authority, in respect of the financial year to which it relates and each of the 4 following financial years, the following information— (a) the business objectives of the Authority; (b) the main business undertakings of the Authority; (c) the nature and scope of the activities to be undertaken by the Authority; s. 154 -- 209 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 197 (d) the performance targets and other measures by which the Authority may be judged in relation to its business objectives; (e) the kind of information to be provided to the Minister by the Authority during the course of those financial years; (f) any other matters that may be agreed on by the Minister and the Authority from time to time. 19E. Statements of obligations of Authorities (1) The Minister may— (a) issue a statement of obligations to an Authority specifying obligations that the Authority has in performing its functions under this Act or exercising powers it has under this Act; or (b) amend, vary or revoke a statement of obligations after complying with sub- section (5). (2) The Minister must not issue, amend, vary or revoke a statement under sub-section (1), unless the Minister has first consulted with the Minister administering Part 10 of the Water Act 1989. (3) A statement of obligations may include provisions relating to— (a) standards as to the performance of any such functions; (b) requirements as to community consultation in performing any such functions. s. 154 -- 210 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 198 (4) An Authority must comply with a statement of obligations that applies to that Authority. (5) The Minister must not amend or vary a statement of obligations unless— (a) the Authority has agreed to the proposed amendment or variation; or (b) the Minister has— (i) given the Authority notice in writing of the proposed amendment or variation; and (ii) considered any written submission made by the Authority in response to the notice. (6) The Minister must cause a notice of— (a) the making and issue of a statement of obligations to an Authority; or (b) the amendment, variation or revocation of a statement of obligations— to be published in the Government Gazette. 19F. Powers of delegation of an Authority An Authority may, by instrument under its common seal, delegate to— (a) a member of the board of an Authority or any other officer of the Authority, by name or to the holder of an office; or (b) to any committee established by the Authority under this Act, the members of which are members of the board or officers of the Authority; s. 154 -- 211 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 199 (c) with the consent of the Minister, to any other person or body, including any committee established by the Authority under this Act, the members of which are not members of the board or officers of the Authority— any function, power or duty of the Authority other than— (d) this power of delegation; or (e) the power to make by-laws; or (f) any other power that is prescribed for the purposes of this section. 19G. Chief Executive Officer (1) An Authority may appoint a person as Chief Executive Officer of the Authority. (2) A person appointed under sub-section (1) must not be a member of the board of the Authority. (3) The Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment. (4) The Chief Executive Officer is responsible to the Authority for the carrying out of the Authority's functions. (5) The Chief Executive Officer must comply with the directions of the Authority. 19H. Delegation of powers of Chief Executive Officer An Authority may, by instrument, delegate to any officer or employee referred to in section 19I, any power, duty or function conferred on the Chief Executive Officer under this Act or the regulations, except this power of delegation. s. 154 -- 212 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 200 19I. Employment of officers of Authorities An Authority may employ, on terms and conditions determined by the Authority, such officers and employees it considers necessary for the carrying out of its functions. 19J. Committees established by Authorities (1) An Authority may establish— (a) a committee to advise the Authority on any matter referred by the Authority; and (b) a committee to exercise any power or perform any function, authority or discretion delegated to it by the Authority. (2) The following provisions apply to committees— (a) an Authority may at any time remove from office a member of a committee and must provide in writing to the member the reasons for the removal; (b) a committee may act despite any vacancy in its membership; (c) subject to this Act and any rules made under paragraph (d), a committee may regulate its own proceedings; (d) an Authority may, by resolution, make rules, with which committees must comply, about— (i) their quorums; and (ii) voting powers of their members; and (iii) their proceedings; s. 154 -- 213 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 201 (e) the Minister by notice published in the Government Gazette may declare that a committee is a corporation, and may dissolve a corporation of that sort in the same way; (f) an Authority must obtain the Minister's consent before it delegates any of its powers, functions, authorities or discretions to a committee of which any members are not members or officers of the Authority; (g) the Minister may specify rules of procedure for the exercise of a delegated power by a committee referred to in paragraph (f) and any purported exercise of that delegated power by such a committee otherwise than in accordance with those rules is void. (3) A member of a committee is entitled to be paid any fees and allowances fixed by the Minister.'. 155. Repeal of section 30(4) Section 30(4) of the Catchment and Land Protection Act 1994 is repealed. 156. Amendment of Part heading In the heading to Part 10 of the Catchment and Land Protection Act 1994, after "REGULATIONS" insert "AND SUBORDINATE INSTRUMENTS". s. 155 -- 214 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 202 157. Insertion of new section 95A After section 95 of the Catchment and Land Protection Act 1994 insert— "95A. Incorporation of documents in certain subordinate instruments (1) A subordinate instrument, made under a section of this Act may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether— (a) wholly or partially or as amended by the order or other instrument; or (b) as formulated, issued, prescribed or published at the time the order or other instrument is made or at any time before then. (2) Sub-section (1) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department.". 158. Substitution of sections 96 to 102 For sections 96 to 102 of the Catchment and Land Protection Act 1994 substitute— '96. Definition In this Part— "2006 Act" means the Water (Governance) Act 2006. 97. Validation of certain orders or other instruments An order or other instrument made or purported to be made under section 10 on or after 30 September 1994 or under section 24 on or after 15 December 1994 and in force, s. 157 -- 215 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 203 or purportedly in force, immediately before the commencement of section 157 of the 2006 Act that would have been validly made if section 95A had been in operation at the time the relevant order or other instrument was made or purported to have been made has, and is deemed always to have had, the same force and effect as it would have had— (a) if section 95A had been in operation at that time; and (b) despite any failure or purported failure to comply with the requirements of section 32 of the Interpretation of Legislation Act 1984 in respect of that order or other instrument. 98. Catchment Management Authorities deemed to be the same body (1) Despite the commencement of section 151 of the 2006 Act— (a) a Catchment Management Authority that was in existence immediately before that commencement, is deemed to continue in existence, on and from that commencement, as if it were established under Division 3 of Part 2 of this Act as in force on and from that commencement; and (b) each member of a Catchment Management Authority that was in existence immediately before that commencement, is deemed to continue in office as a member of the board of the Catchment Management Authority (as deemed to be established under Division 3 of Part 2) as if the member had been appointed under that Division s. 158 -- 216 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 204 for the remaining period of that member's term of appointment. (2) Despite the commencement of section 151 of the 2006 Act— (a) any rights, property and assets that immediately before that commencement were vested in a Catchment Management Authority are deemed to be vested in the Catchment Management Authority (as deemed to be established under Division 3 of Part 2); and (b) any debts, liabilities and obligations of a Catchment Management Authority that were existing immediately before that commencement are deemed to be the debts, liabilities and obligations of the Catchment Management Authority (as deemed to be established under Division 3 of Part 2); and (c) a Catchment Management Authority (as deemed to be established under Division 3 of Part 2) is deemed to be substituted as a party to any proceedings pending in any court to which the Catchment Management Authority was a party immediately before that commencement; and (d) a Catchment Management Authority (as deemed to be established under Division 3 of Part 2) is substituted as a party to any arrangement or contract entered into by or on behalf of the Catchment Management Authority and in force immediately before that commencement; and s. 158 -- 217 of 240 -- Part 3—Amendments to the Catchment and Land Protection Act 1994 Water (Governance) Act 2006 Act No. 85/2006 205 (e) any reference to a Catchment Management Authority in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document whatsoever, so far as it relates to any period after that commencement and if not inconsistent with the context or subject-matter, must be construed as a reference to the Catchment Management Authority (as deemed to be established under Division 3 of Part 2). (3) For the purposes of this Act, a catchment and land protection region of a Catchment Management Authority (that is deemed to be established under Division 3 of Part 2) is deemed to be the area that was the catchment and land protection region of the Catchment Management Authority immediately before the commencement of section 151 of the 2006 Act.'. 159. Consequential repeal of Schedules 1, 4 and 6 Schedules 1, 4 and 6 to the Catchment and Land Protection Act 1994 are repealed. __________________ s. 159 -- 218 of 240 -- Part 4—Amendment and Repeal of Other Acts Water (Governance) Act 2006 Act No. 85/2006 206 PART 4—AMENDMENT AND REPEAL OF OTHER ACTS 160. Delegations to Catchment Management Authorities—Conservation, Forests and Lands Act 1987 After section 11(1)(c) of the Conservation, Forests and Lands Act 1987 insert— "(ca) a Catchment Management Authority established under the Catchment and Land Protection Act 1994; or". 161. Insertion of new section 7AB in the Limitation of Actions Act 1958 After section 7A of the Limitation of Actions Act 1958 insert— "7AB. No title by adverse possession against water authorities etc. Despite any rule of law or provision made by or under this or any other Act, but without limiting section 7, the right, title or interest— (a) of an Authority, within the meaning of the Water Act 1989; or (b) of the Melbourne Water Corporation under Part 6 the Melbourne Water Corporation Act 1992; or (c) of a licensee under Division 1 of Part 2 of the Water Industry Act 1994— to or in any land is not affected by any possession of that land adverse to the Authority, Corporation or licensee (as the case requires) irrespective of the period of that possession.". See: Act No. 41/1987. Reprint No. 6 as at 3 February 2005 and amending Act Nos 108/2004, 109/2004, 32/2006 and 40/2006. LawToday: www.dms. dpc.vic. gov.au s. 160 See: Act No. 6295. Reprint No. 8 as at 30 June 2003 and amending Act Nos 8/2004, 76/2004 and 75/2005. LawToday: www.dms. dpc.vic. gov.au -- 219 of 240 -- Part 4—Amendment and Repeal of Other Acts Water (Governance) Act 2006 Act No. 85/2006 207 162. Repeal of Melbourne Water Corporation Act 1992 (1) The Melbourne Water Corporation Act 1992 is repealed. (2) In section 7C of the Limitation of Actions Act 1958— (a) paragraph (b) is repealed; and (b) omit ", Corporation". 163. Repeal of Melbourne and Metropolitan Board of Works Act 1958 The Melbourne and Metropolitan Board of Works Act 1958 is repealed. 164. Repeal of reference to water authorities in Public Authorities (Dividends) Act 1983 In the definition of "public authority" in section 4(1) of the Public Authorities (Dividends) Act 1983, paragraph (g) is repealed. 165. Amendment of Road Management Act 2004 After section 37(1)(d)(ii) of the Road Management Act 2004 insert— "(iia) in the case of the land referred to in the Clause in Schedule 3 to the Water Act 1989, Melbourne Water Corporation; or". s. 162 See: Act No. 10003. Reprint No. 2 as at 8 August 1997 and amending Act Nos 91/1997 and 23/2003. LawToday: www.dms. dpc.vic. gov.au See: Act No. 12/2004. Reprint No. 1 as at 1 July 2004 and amending Act Nos 39/2004, 108/2004, 110/2004, 14/2005, 24/2005, 61/2005, 95/2005, 9/2006 and 32/2006. LawToday: www.dms. dpc.vic. gov.au -- 220 of 240 -- Part 4—Amendment and Repeal of Other Acts Water (Governance) Act 2006 Act No. 85/2006 208 166. Insertion of new section 60A in the Water Industry Act 1994 After section 60 of the Water Industry Act 1994 insert— "60A. Power to issue infringement notices (1) A person authorised in writing, either generally or in a particular case, by a licensee may serve an infringement notice on any person he or she reasonably believes has contravened a permanent water saving plan that the licensee has adopted under section 78J(9). (2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (3) The penalty to be paid in respect of an offence to which an infringement notice that is served under this section relates must not exceed 1 penalty unit.". 167. Insertion of new section 77A in the Water Industry Act 1994 After section 77 of the Water Industry Act 1994 insert— "77A. Annual report of certain information to be given to Minister and tabled (1) A licensee must give to the Minister, for each financial year the following information— (a) in relation to each person, who is not a natural person, who uses water supplied by the licensee for purposes that are not farming, irrigation or domestic purposes, at a volume that is within a specified range— See: Act No. 121/1994. Reprint No. 5 as at 28 April 2005 and amending Act Nos 48/2003, 9/2006 and 24/2006. LawToday: www.dms. dpc.vic. gov.au s. 166 -- 221 of 240 -- Part 4—Amendment and Repeal of Other Acts Water (Governance) Act 2006 Act No. 85/2006 209 (i) the name of the person; and (ii) the information (if any) as to the person's participation in any water conservation program; and (b) in relation to each specified range, the number of persons to whom paragraph (a) applies who are within the range. (2) The information to be given under sub- section (1) must be given to the Minister on or before the date specified by the Minister. (3) The Minister must cause any information given to him or her under this section to be laid before each House of Parliament within 7 sitting days of the House after the day on which the Minister is given the information. (4) For the purposes of this section the Minister may specify one or more range or ranges of volumes. (5) In this section "specified range" means a range of volumes specified by the Minister under sub-section (4).". 168. Plan to contain 4 stages of restrictions and prohibitions—section 78B of Water Industry Act 1994 (1) For section 78B(3) of the Water Industry Act 1994 substitute— "(3) Without limiting sub-section (2), a plan must contain a Schedule setting out 4 stages of restrictions or prohibitions on the use of water with each stage being of varying severity capable of being separately implemented in any area, or a specified part of any area, in respect of which the licensee s. 168 -- 222 of 240 -- Part 4—Amendment and Repeal of Other Acts Water (Governance) Act 2006 Act No. 85/2006 210 has the function of providing the water supply system.". (2) In section 78B(6)(a) of the Water Industry Act 1994, after "plan" insert "in respect of each of the 4 stages required to be set out in the plan under sub-section (3)". 169. Implementation of plan—section 78G of Water Industry Act 1994 (1) For section 78G(2) of the Water Industry Act 1994 substitute— "(2) Implementation involving the imposition, removal or substitution of restrictions or prohibitions in 1 or more of the 4 stages of restrictions and prohibitions on the use of water in an area may be effected by the licensee publishing a notice in a newspaper circulating generally in the area specifying— (a) the restrictions and prohibitions imposed or being substituted or removed; and (b) the stage to which they apply or applied; and (c) the area to which they apply or applied; and (d) the time from which they apply or cease to apply, not being earlier than the day of publication of the notice.". (2) In section 78G(3) of the Water Industry Act 1994, after "section 78H" insert ", or be served with an infringement notice under section 78HA,". s. 169 -- 223 of 240 -- Part 4—Amendment and Repeal of Other Acts Water (Governance) Act 2006 Act No. 85/2006 211 170. Section 78H substituted and new section 78HA inserted in Water Industry Act 1994 For section 78H of the Water Industry Act 1994 substitute— "78H. Contravention of plan (1) A person who receives a supply of water from a licensee in a period when stage 1 restrictions or prohibitions (as set out in the drought response plan or an emergency management plan of the licensee) are in force must not, after receiving a warning notice from the licensee, contravene any such restriction or prohibition on the use of that water. Penalty: For a first offence, 15 penalty units; For a second or subsequent offence, 30 penalty units. For a continuing offence, an additional penalty of 5 penalty units for each day on which the offence continues (up to a maximum of 20 additional penalty units) after service of a notice of contravention on the person under section 69. (2) A person who receives a supply of water from a licensee in a period when stage 2 restrictions or prohibitions (as set out in the drought response plan or emergency management plan of the licensee) are in force must not, after receiving a warning notice from the licensee, contravene any such restriction or prohibition on the use of that water. s. 170 -- 224 of 240 -- Part 4—Amendment and Repeal of Other Acts Water (Governance) Act 2006 Act No. 85/2006 212 Penalty: For a first offence, 20 penalty units; For a second or subsequent offence, 40 penalty units. For a continuing offence, an additional penalty of 5 penalty units for each day on which the offence continues (up to a maximum of 20 additional penalty units) after service of a notice of contravention on the person under section 69. (3) A person who receives a supply of water from a licensee in a period when stage 3 restrictions or prohibitions (as set out in the drought response plan or emergency management plan of the licensee) are in force must not, after receiving a warning notice from the licensee, contravene any such restriction or prohibition on the use of that water. Penalty: For a first offence, 30 penalty units; For a second or subsequent offence, 60 penalty units or imprisonment for 3 months. For a continuing offence, an additional penalty of 5 penalty units for each day on which the offence continues (up to a maximum of 20 additional penalty units) after service of a notice of contravention on the person under section 69. s. 170 -- 225 of 240 -- Part 4—Amendment and Repeal of Other Acts Water (Governance) Act 2006 Act No. 85/2006 213 (4) A person who receives a supply of water from a licensee in a period when stage 4 restrictions or prohibitions (as set out in the drought response plan or an emergency management plan of the licensee) are in force must not, after receiving a warning notice from the licensee, contravene any such restriction or prohibition on the use of that water. Penalty: For a first offence, 40 penalty units or imprisonment for 3 months; For a second or subsequent offence, 80 penalty units or imprisonment for 6 months. For a continuing offence, an additional penalty of 5 penalty units for each day on which the offence continues (up to a maximum of 20 additional penalty units) after service of a notice of contravention on the person under section 69. (5) The maximum penalty for an offence under this section committed by a body corporate is a fine that is 5 times the fine provided for in the relevant sub-section as the penalty. 78HA. Power to serve an infringement notice (1) A person authorised in writing, either generally or in a particular case, by a licensee may serve an infringement notice on any person he or she reasonably believes has committed an offence under section 78H. s. 170 -- 226 of 240 -- Part 4—Amendment and Repeal of Other Acts Water (Governance) Act 2006 Act No. 85/2006 214 (2) An offence referred to in sub-section (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (3) For the purposes of this section, the infringement penalty for an offence against a provision set out in Column 1 of the Table is the relevant amount set out in Column 2 of the Table in respect of that offence. (4) A summary of an offence in Column 3 of the Table is not to be taken to affect the nature or elements of the offence to which the summary refers. TABLE Column 1 Infringement Offence Column 2 Infringement penalty Column 3 Summary of offence An offence against section 78H(1) 2 penalty units Contravention of a stage 1 drought response plan or emergency management plan restriction or prohibition on the use of water An offence against section 78H(2) 3 penalty units Contravention of a stage 2 drought response plan or emergency management plan restriction or prohibition on the use of water s. 170 -- 227 of 240 -- Part 4—Amendment and Repeal of Other Acts Water (Governance) Act 2006 Act No. 85/2006 215 Column 1 Infringement Offence Column 2 Infringement penalty Column 3 Summary of offence An offence against section 78H(3) 4 penalty units Contravention of a stage 3 drought response plan or emergency management plan restriction or prohibition on the use of water An offence against section 78H(4) 5 penalty units Contravention of a stage 4 drought response plan or emergency management plan restriction or prohibition on the use of water ". 171. Amendment of Water (Resource Management) Act 2005—payment of compensation After section 141(7) of the Water Act 1989, as proposed to be substituted by section 58 of the Water (Resource Management) Act 2005 insert— "(8) A person is not entitled to any compensation under section 155 for anything done by an Authority under this section.". See: Act No. 99/2005. LawToday: www.dms. dpc.vic. gov.au s. 171 -- 228 of 240 -- Part 4—Amendment and Repeal of Other Acts Water (Governance) Act 2006 Act No. 85/2006 216 172. Amendment of Valuation of Land Act 1960 (1) In section 5A(6) of the Valuation of Land Act 1960, insert "and this sub-section". (2) After section 13DF(2)(k) of the Valuation of Land Act 1960 insert— "(l) where the value of any land has been determined on the basis that an associated water share in relation to that land is deemed relevant and where the water share ceases to be an associated water share in relation to the land because the owner of the water share— (i) sells the water share to a person who is not a related person (within the meaning of section 3 of the Water Act 1989) to the owner; or (ii) sells the water share to a person who is a related person to the owner of the water share and the water share becomes an associated water share in relation to other land;". (3) After section 13DF(8) of the Valuation of Land Act 1960 insert— '(9) In this section "associated water share" and "water share" have the same meanings as in section 3 of the Water Act 1989. (10) Sub-sections (2)(l), (9) and this sub-section expire on 1 July 2008.'. 173. Effect of Schedule The Acts set out in Schedule 1 are amended as set out in Schedule 1. __________________ See: Act No. 6653. Reprint No. 11 as at 1 July 2006 and amending Act Nos 99/2005 and 22/2006. LawToday: www.dms. dpc.vic. gov.au s. 172 -- 229 of 240 -- Part 5—Amendments to the Werribee South Land Act 1991 Water (Governance) Act 2006 Act No. 85/2006 217 PART 5—AMENDMENTS TO THE WERRIBEE SOUTH LAND ACT 1991 174. Long-term marina development leases In section 5(3) of the Werribee South Land Act 1991, for "50 years" substitute "99 years". 175. Effect of Schedule 2 The Werribee South Land Act 1991 is amended as set out in Schedule 2. __________________ See: Act No. 11/1991. LawToday: www.dms. dpc.vic. gov.au s. 174 -- 230 of 240 -- Water (Governance) Act 2006 Act No. 85/2006 218 SCHEDULES SCHEDULE 1 CONSEQUENTIAL AMENDMENTS 1. Australian Grands Prix Act 1994 In section 48(1) omit "the Melbourne and Metropolitan Board of Works Act 1958,". 2. Land Act 1958 2.1 For section 137A(17) substitute— '(17) In this section "metropolitan area" means— (a) "metropolitan area" within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or (b) any area declared by the Governor in Council under sub-section (18) to be the metropolitan area. (18) The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section. (19) An Order made under sub-section (18) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether— (a) wholly or partially or as amended by order or other instrument; or (b) as formulated, issued, prescribed or published at the time the order is made or at any time before then. (20) Sub-section (19) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment.'. Sch. 1 -- 231 of 240 -- Water (Governance) Act 2006 Act No. 85/2006 219 2.2 In section 137B(2) after "metropolitan area" insert "(as defined in section 137A)". 2.3 In sections 3(1) and 384(1) for the definition of "metropolis" substitute— ' "metropolis" means the waterway management district of Melbourne Water Corporation under the Water Act 1989;'. 2.4 Section 385(2)(a) is repealed. 3. Land Tax Act 2005 3.1 In section 64(1), for the definition of "greater Melbourne" substitute— ' "greater Melbourne" means— (a) "metropolitan area" within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or (b) any area declared by the Governor in Council under sub-section (3) to be the metropolitan area;'. 3.2 After section 64(2) insert— "(3) The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section. (4) An Order made under sub-section (3) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether— (a) wholly or partially or as amended by order or other instrument; or (b) as formulated, issued, prescribed or published at the time the order is made or at any time before then. (5) Sub-section (4) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment.". Sch. 1 -- 232 of 240 -- Water (Governance) Act 2006 Act No. 85/2006 220 4. Libraries Act 1988 4.1 In section 3, for the definition of "metropolitan area" substitute— ' "metropolitan area" means— (a) "metropolitan area" within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or (b) any area declared by the Governor in Council under sub-section (2) to be the metropolitan area;'. 4.2 At the end of section 3 insert— "(2) The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section. (3) An Order made under sub-section (2) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether— (a) wholly or partially or as amended by order or other instrument; or (b) as formulated, issued, prescribed or published at the time the order is made or at any time before then. (4) Sub-section (3) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment.". 5. Melbourne City Link Act 1995 5.1 In section 96(6), for ", the Water Act 1989 and the Melbourne and Metropolitan Board of Works Act 1958" substitute "and the Water Act 1989". 5.2 In section 103(3) for "Sections 87 to 89 of the Melbourne and Metropolitan Board of Works Act 1958 apply" substitute "Section 165 of the Water Act 1989 applies". Sch. 1 -- 233 of 240 -- Water (Governance) Act 2006 Act No. 85/2006 221 6. Eastlink Project Act 2004 In section 229(3), for "Sections 87 to 89 of the Melbourne and Metropolitan Board of Works Act 1958 apply" substitute "Section 165 of the Water Act 1989 applies". 7. National Gallery of Victoria Act 1966 7.1 In section 4, for the definition of "regional art gallery" substitute— ' "regional art gallery" means an art gallery situate and conducted outside— (a) the metropolitan area for the time being within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or (b) any area declared by the Governor in Council under sub-section (2) to be the metropolitan area.'. 7.2 At the end of section 4 insert— "(2) The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section. (3) An Order made under sub-section (2) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether— (a) wholly or partially or as amended by order or other instrument; or (b) as formulated, issued, prescribed or published at the time the order is made or at any time before then. (4) Sub-section (3) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment.". 8. National Parks Act 1975 8.1 In section 3(1), in the definition of "Melbourne Water Corporation" for "Melbourne Water Corporation Act 1992" substitute "Water Act 1989". 8.2 In section 10(c)(iv) omit ", as defined in the Melbourne and Metropolitan Board of Works Act 1958". Sch. 1 -- 234 of 240 -- Water (Governance) Act 2006 Act No. 85/2006 222 8.3 At the end of section 10 insert— '(2) In this section "metropolitan area" means— (a) "metropolitan area" within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or (b) any area declared by the Governor in Council under sub-section (3) to be the metropolitan area. (3) The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section. (4) An Order made under sub-section (3) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether— (a) wholly or partially or as amended by order or other instrument; or (b) as formulated, issued, prescribed or published at the time the order is made or at any time before then. (5) Sub-section (4) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment.'. 8.4 In section 32AH(1)(b), for "Melbourne Water Corporation Act 1992" substitute "Water Act 1989". 9. Residential Tenancies Act 1997 In sections 54(2) and 164(2) omit "and Part II of the Melbourne and Metropolitan Board of Works Act 1958". 10. Rural Finance Act 1988 In section 3, in paragraph (b)(ii) of the definition of "rural industries", for "metropolis (as defined in the Melbourne and Metropolitan Board of Works Act 1958)" substitute "waterway management district of Melbourne Water Corporation under the Water Act 1989". Sch. 1 -- 235 of 240 -- Water (Governance) Act 2006 Act No. 85/2006 223 11. Safe Drinking Water Act 2003 11.1 In section 3, in paragraph (a) of the definition of "water storage manager" for "Melbourne Water Corporation Act 1992" substitute "Water Act 1989". 11.2 Section 53(d)(ii) is repealed. 12. Sale of Land Act 1962 12.1 In section 30(1), for the definition of "metropolitan area" substitute— ' "metropolitan area" means— (a) "metropolitan area" within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or (b) any area declared by the Governor in Council under sub-section (3) to be the metropolitan area;'. 12.2 After section 30(2) insert— "(3) The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section. (4) An Order made under sub-section (3) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether— (a) wholly or partially or as amended by order or other instrument; or (b) as formulated, issued, prescribed or published at the time the order is made or at any time before then. (5) Sub-section (4) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office of the Department of Sustainability and Environment.". 13. South Yarra Project (Subdivision and Management) Act 1985 For section 19(2)(b) substitute— "(b) is not rateable under the Water Act 1989 (except for the making and payment of a fee imposed under a tariff for water supplied and sewerage services provided under that Act); and". Sch. 1 -- 236 of 240 -- Water (Governance) Act 2006 Act No. 85/2006 224 14. Transport Act 1983 In section 2(1) of the Transport Act 1983, the definition of "metropolitan area" is repealed. 15. Water Industry Act 1994 15.1 In section 3(1)— (a) the definition of "MMBW Act" is repealed; (b) for the definition of "trade waste agreement" substitute— ' "trade waste agreement" includes a trade waste consent granted by a licensee under this Act;'. 15.2 In section 4B(3), for "Essential Services Commission Act 2001, the Water Act 1989, the Melbourne and Metropolitan Board of Works Act 1958 or the Melbourne Water Corporation Act 1992," substitute "Essential Services Commission Act 2001 or the Water Act 1989,". 15.3 In section 25(2)(c), omit "or Part X of the MMBW Act". 15.4 In section 85(1)(g), omit "or any rate due to Melbourne Water Corporation under Division 3 of Part II of the MMBW Act". 15.5 In section 175A(1)(a)— (a) for "MMBW Act" substitute "Water Act 1989"; (b) for "of that Act" substitute "of the Melbourne Metropolitan Board of Works Act 1958 (before its repeal)". 15.6 In section 175A(1)(b)— (a) for "MMBW Act as mentioned in section 3(7) of that Act" substitute "Water Act 1989"; (b) for "section 3 of that Act" substitute "section 3 of the Melbourne Metropolitan Board of Works Act (before its repeal)". 15.7 In section 175A(3), for "MMBW Act" substitute "Water Act 1989". Sch. 1 -- 237 of 240 -- Water (Governance) Act 2006 Act No. 85/2006 225 15.8 In section 191, for paragraph (c) of the definition of "water supply authority" substitute— "(c) Melbourne Water Corporation established under Part 6 of the Water Act 1989.". 15.9 In clauses 1, 2, 3 and 4 of Schedule 1 for "MMBW Act" (wherever occurring) substitute "Water Act 1989". 16. World Swimming Championships Act 2004 Section 48 is repealed. __________________ Sch. 1 -- 238 of 240 -- Water (Governance) Act 2006 Act No. 85/2006 226 SCHEDULE 2 AMENDMENT TO WERRIBEE SOUTH LAND ACT 1991 1. Schedule 2 to the Werribee South Land Act 1991 substituted For Schedule 2 to the Werribee South Land Act 1991 substitute— "SCHEDULE 2 Sections 3 and 4 PLAN OF WERRIBEE SOUTH LAND " ═══════════════ Sch. 2 -- 239 of 240 -- Water (Governance) Act 2006 Act No. 85/2006 227 ENDNOTES † Minister's second reading speech— Legislative Assembly: 10 August 2006 Legislative Council: 4 October 2006 The long title for the Bill for this Act was "to amend the Water Act 1989 to make provision for water corporations and to make other amendments to that Act, to amend the Catchment and Land Protection Act 1994 to make further provision for Catchment Management Authorities and to make other amendments to that Act, to repeal the Melbourne and Metropolitan Board of Works Act 1958 and the Melbourne Water Corporation Act 1992 and to make further amendments to the Conservation, Forests and Lands Act 1987, the Limitation of Actions Act 1958, the Public Authorities (Dividends) Act 1983, the Road Management Act 2004, the Water Industry Act 1994, the Valuation of Land Act 1960, the Water (Resource Management) Act 2005 and the Werribee South Land Act 1991." Endnotes -- 240 of 240 --