Water (Amendment) Act 2001

i Water (Amendment) Act 2001 Act No. 25/2001 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Definitions 2 4. New water, sewerage and waterway management systems 2 5. New and restructured Authorities 3 6. Provisions about new and restructured Authorities 3 7. Pre-requisites for restructuring or transferring Orders 3 8. Transfer of officers 3 9. Abolition of Authorities 4 10. Appointment of an administrator 4 11. New Division 6A of Part 6 inserted 4 Division 6A—Transfer of Certain Districts and Validation of Actions 4 115A. Definitions 4 115B. Retrospective transfer of certain water districts to Lower Murray Region Water Authority 5 115C. Validation of actions of Lower Murray Region Water Authority in relation to certain water districts 6 12. Guidelines as to terms and conditions of employment 7 13. Saving of rights of public servants appointed to Authorities 9 ═══════════════ ENDNOTES 10 -- 1 of 11 -- 1 Water (Amendment) Act 2001 † [Assented to 29 May 2001] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Water Act 1989 to— (a) empower the Minister to exempt an Authority proposing a new waterway management district from certain notification requirements; and (b) provide for the appointment of Catchment Management Authorities established under the Catchment and Land Protection Act Victoria No. 25 of 2001 -- 2 of 11 -- Act No. 25/2001 Water (Amendment) Act 2001 2 1994 as Authorities under the Water Act 1989; and (c) transfer certain water districts of the former Sunraysia Water Board to the Lower Murray Region Water Authority and to validate the past actions of that Authority in relation to those water districts; and (d) make other minor amendments relating to the appointment of Catchment Management Authorities as Authorities under the Water Act 1989. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Definitions (1) In section 3(1) of the Water Act 1989, in the definition of "Authority", for "and a council appointed under section 98(1)(a)" substitute ", a council appointed under section 98(1)(a) and a Catchment Management Authority appointed under section 98(1)(ab)". (2) In section 3(1) of the Water Act 1989, after the definition of "bulk entitlement" insert— ' "Catchment Management Authority" means an Authority within the meaning of the Catchment and Land Protection Act 1994;'. 4. New water, sewerage and waterway management systems After section 96(5) of the Water Act 1989 insert— "(5A) The Minister may exempt an Authority which submits a proposal to set up a new s. 2 See: Act No. 80/1989. Reprint No. 5 as at 18 May 1999 and amending Act Nos 65/1999, 30/2000, 59/2000, 66/2000 and 69/2000. LawToday: www.dms. dpc.vic. gov.au -- 3 of 11 -- Act No. 25/2001 Water (Amendment) Act 2001 3 waterway management district from complying with sub-section (7)(a)(ii).". 5. New and restructured Authorities After section 98(1)(a) of the Water Act 1989 insert— "(ab) appoint a Catchment Management Authority; or". 6. Provisions about new and restructured Authorities In section 99(9) of the Water Act 1989, after "council" insert "or a Catchment Management Authority". 7. Pre-requisites for restructuring or transferring Orders In section 100 of the Water Act 1989— (a) after sub-section (1)(d) insert— "; and (e) if a Catchment Management Authority is involved, consult with the Minister administering the Catchment and Land Protection Act 1994."; (b) after sub-section (2)(b)(ia) insert— "(ib) the Minister administering the Catchment and Land Protection Act 1994, if a Catchment Management Authority is affected; and". 8. Transfer of officers In section 102 of the Water Act 1989— (a) for "or to a council" substitute ", a council, a Catchment Management Authority"; (b) for "or council" substitute ", council, Catchment Management Authority". s. 5 -- 4 of 11 -- Act No. 25/2001 Water (Amendment) Act 2001 4 9. Abolition of Authorities (1) After section 105(1) of the Water Act 1989, insert— "(1A) This section applies to a Catchment Management Authority only in respect of its functions as an Authority under this Act.". (2) In section 105(4) of the Water Act 1989, for "Schedule 3, 4, 6, 7, 8 or 10" substitute "Schedule 6 or 7". 10. Appointment of an administrator In section 112(3) of the Water Act 1989— (a) in paragraph (a), after "council" insert "or Catchment Management Authority"; (b) after paragraph (b) insert— "(ba) if the Authority is a Catchment Management Authority, may suspend any functions of the Catchment Management Authority under this Act; and". 11. New Division 6A of Part 6 inserted After section 115 of the Water Act 1989 insert— 'Division 6A—Transfer of Certain Districts and Validation of Actions 115A. Definitions In this Division— "Constitution of the Lower Murray Region Water Authority Order" means the Constitution of the Lower Murray Region Water Authority Order 1995, published in the Government Gazette on 1 February 1995; s. 9 -- 5 of 11 -- Act No. 25/2001 Water (Amendment) Act 2001 5 "Lower Murray Region Water Authority" means the Authority constituted by the Constitution of the Lower Murray Region Water Authority Order; "Sunraysia Water Board" means the Sunraysia Water Board constituted by Order in Council under section 8 of the Water and Sewerage Authorities (Restructuring) Act 1983 and published in the Government Gazette on 27 June 1984. 115B. Retrospective transfer of certain water districts to Lower Murray Region Water Authority The Constitution of the Lower Murray Region Water Authority Order has, and is deemed always to have had, the same force and effect as it would have had if— (a) the Order had appointed the Lower Murray Region Water Authority to take over the whole of the property, rights, liabilities, obligations, powers and functions of the Sunraysia Water Board in respect of the Koondrook Urban District, the Murrabit Urban District, the Nyah Urban District, the Nyah West Urban District and the Woorinen Urban District, and had allocated those districts to the Lower Murray Region Water Authority; and (b) all the requirements of Division 2 that would have been required to be complied with in the case of an Order having the force and effect that the Constitution of the Lower Murray s. 11 -- 6 of 11 -- Act No. 25/2001 Water (Amendment) Act 2001 6 Region Water Authority Order has, and is deemed always to have had, by force of this section, had been complied with respect to it. 115C. Validation of actions of Lower Murray Region Water Authority in relation to certain water districts (1) Anything done or purported to have been done under this Act, before the commencement of section 11 of the Water (Amendment) Act 2001 by the Lower Murray Region Water Authority that would have been validly done had that section been in operation at the time at which the thing was done or purported to have been done, has, and is deemed always to have had, the same force and effect as it would have had if that section had been in operation at the time at which the thing was done or purported to have been done. (2) Without limiting the generality of sub- section (1), that sub-section applies with respect to the following— (a) the setting of a tariff or development tariff; (b) the imposition of a fee on a property under a tariff or development tariff or the altering of the amount of such a fee; (c) the setting or imposition of a fee, charge or rate of interest; (d) the requirement of a payment or contribution from any person; (e) the declaration of any land to be a serviced property for the purposes of this Act; s. 11 -- 7 of 11 -- Act No. 25/2001 Water (Amendment) Act 2001 7 (f) the obtaining of financial accommodation, issuing of bonds, notes or other securities or mortgaging of revenue in accordance with Division 4 of Part 13; (g) the recovery of any money; (h) the selling of any property, or the causing of any property to be transferred, under section 278; (i) the purchase or compulsory acquisition of any land, entry on any land or dealing with any land; (j) the carrying out of any works or closing to traffic of any road or part of a road for that purpose; (k) the giving of a consent or other authorisation or making of an application, request or requirement under this Act; (l) the making of any by-laws, passing of any resolution, giving of any notice or service of any document; (m) the delegation of any power, discretion, function, authority or duty.'. 12. Guidelines as to terms and conditions of employment (1) In section 322(1) of the Water Act 1989— (a) after paragraph (b) insert— "(ba) officers or employees of a Catchment Management Authority that is an Authority who are employed solely, mainly or partly to perform duties for or in connection with the exercise by the Catchment Management Authority of any powers, functions or duties s. 12 -- 8 of 11 -- Act No. 25/2001 Water (Amendment) Act 2001 8 conferred on it by or under this Act; and"; (b) in paragraph (c), after "council" insert "or Catchment Management Authority". (2) In section 322 of the Water Act 1989, for sub- section (4) substitute— "(4) Before determining any guidelines under sub-section (2), the Minister must consult any persons that appear to the Minister to represent the interests of Authorities, councils and Catchment Management Authorities and people employed by them respectively. (4A) Before determining any guidelines under sub-section (2) with respect to any officer or employee referred to in sub-section (1)(c), the Minister must consult with— (a) in the case of an officer or employee of a council, the Minister administering the Local Government Act 1989; and (b) in the case of an officer or employee of a Catchment Management Authority, the Minister administering the Catchment and Land Protection Act 1994.". (3) In section 322 of the Water Act 1989, for sub- sections (5) and (6) substitute— "(5) The Minister must serve a copy of all guidelines determined under sub-section (2) on every Authority and— (a) if the guidelines relate to an officer or employee of a council referred to in sub-section (1)(c), the council; or s. 12 -- 9 of 11 -- Act No. 25/2001 Water (Amendment) Act 2001 9 (b) if the guidelines relate to an officer or employee of a Catchment Management Authority referred to in sub-section (1)(c), the Catchment Management Authority. (6) The Minister may at any time amend guidelines determined under sub-section (2), and must serve a copy of every amendment on every Authority and— (a) if the guidelines relate to an officer or employee of a council referred to in sub-section (1)(c), the council; or (b) if the guidelines relate to an officer or employee of a Catchment Management Authority referred to in sub-section (1)(c), the Catchment Management Authority.". (4) In section 322(7) of the Water Act 1989— (a) after "council" (where first occurring) insert "and Catchment Management Authority"; (b) for "or the council" substitute ", the council or the Catchment Management Authority". 13. Saving of rights of public servants appointed to Authorities In section 323(2) of the Water Act 1989, after "council" (where twice occurring) insert "or Catchment Management Authority". ═══════════════ s. 13 -- 10 of 11 -- Act No. 25/2001 Water (Amendment) Act 2001 10 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 March 2001 Legislative Council: 1 May 2001 The long title for the Bill for this Act was "to amend the Water Act 1989 and for other purposes." Endnotes -- 11 of 11 --