Westernport Water
2 Boys Rd, Newhaven, Vic 3925
P| 1300 720 711 F| 03 5956 4104
westport@westernportwater.com.au
ABN| 63 759 106 755
Our Ref: OUT15-01854
1 April 2015
Hon. Lisa Neville MP
Minister for Environment, Climate Change and Water
GPO Box 500
EAST MELBOURNE VIC 8002
Dear Minister,
RE: Amendment to Bulk Entitlement for Candowie Reservoir
Westernport Region Water Corporation hereby applies for a minor amendment to the Bulk
Entitlement (Westernport) Conversion Order, under section 44 of the Water Act 1989.
The application is required to –
1. Clarify operational tolerances for environmental releases;
2. Allow for suspension of environmental releases due to emergency events;
3. To discontinue all winter environmental releases when the reservoir level falls below
850 ML; and
4. Obligate Westernport Water to create Operational Amendments in consultation with
the Waterway Manager (Melbourne Water).
Westernport Water owns and operates the Candowie Reservoir on Tennent Creek — a
tributary of the Bass River — in accordance with the Bulk Entitlement (Westernport)
Conversion Order 1997. In 2011 the bulk entitlement was amended as a result of the
augmentation project which increased the volume of storage, and provided environmental
passing flow requirements for storage operations.
The Department of Environment, Land, Water and Planning and Melbourne Water (the
waterway manager) have been consulted regarding this minor amendment. They concur
that the proposed amendment would not impact on another person's entitlement to water,
and would not adversely affect the environmental water reserve.
The proposed amendment is attached for your consideration.
For further information on this application, please contact Geoff Allum 5956 4143.
Yours sincerely
[Signed 1 April]
Murray Jackson
MANAGING DIRECTOR
Enclos: Proposed Amendment
www.westernportwater.com.au
BULK ENTITLEMENT (WESTERNPORT) AMENDMENT ORDER 2015
I, Lisa Neville, as Minister administering the Water Act 1989, make the following Order –
TITLE
1.
This Order is called the Bulk Entitlement (Westernport) Amendment Order 2015.
PRELIMINARY
2.
The Bulk Entitlement (Westernport) Conversion Order 1997 (the “Bulk Entitlement”) was
made by the Minister on 8 July 1997 to convert Westernport Water’s existing rights to water
from Tennent Creek to a defined bulk water entitlement.
PURPOSE
3.
The purpose of this Order is to amend the Bulk Entitlement to allow for operational
tolerances for environmental releases, to add clarity around suspension of environmental
releases during times of water supply stress, to fix a mistake and to provide obligations on
Westernport Water and Melbourne Water to develop Operating Arrangements.
AUTHORISING PROVISIONS
4.
This Order is made in accordance with section 44 of the Water Act 1989.
COMMENCEMENT
5.
This Order comes into effect on 30 June 2015 or the day it is published in the Government
Gazette, whichever is later.
AMENDMENT OF CLAUSE 9A
6.
In sub-clause 9A.1 delete the words ‘within operational tolerances to be agreed by the
Authority and the waterway manager.’
7.
In sub-clause 9A.1 after the words after ‘7 days between each winter fresh’ insert the words
‘;
within operational tolerances agreed by the Authority and the waterway manager and
documented in the Operational Arrangement prescribed in clause 9B.’
8.
In sub-clause 9A.3 substitute the words ‘under paragraph 9A.1(a)’ with ‘under paragraphs
9A.1(a) and 9A.1(c)’.
9.
In sub-clause 9A.4 after ‘the inflows to Candowie Reservoir from Tennent Creek’ insert
‘within operational tolerances agreed by the Authority and the waterway manager and
documented in the Operational Arrangement prescribed in clause 9B.’
10.
In sub-clause 9A.5 substitute the words ‘with paragraph 9A.1(a)’ with ‘with paragraphs
9A.1(a) and 9A.1(c)’.
11.
For sub-clause 9A.7 substitute –
‘The Authority and waterway manager must agree arrangements for the monitoring and
management of the waterway, downstream of Candowie Reservoir, during periods of
restriction under sub-clause Error! Reference source not found., including provisions for
emergency water releases. These arrangements must be documented in the Operating
Arrangements prescribed in clause 9B.’
12.
‘9A.10
After sub-clause 9A.9 insert The Authority may suspend environmental releases under 9A.1, 9A.4 or 9A.7 to
manage an unforseen event if –
a) they are requested to by the waterway manager: or
b) they obtain consent from the waterway manager.’
13.
After sub-clause 9A.9 insert –
9B.
OPERATING ARRANGEMENTS
9B.1
Westernport Water, jointly with the waterway manager (the parties), must endeavour
to agree on operating arrangements for the water stored in and released under clause
9A. of this order from Candowie reservoir within six months of being given direction
by the Minister.
9B.2
If the parties cannot reach an agreement under clause 9B.1, either party may give
written notice to the other party requiring the matter to be determined in accordance
with clause 19.
9B.3
The parties, jointly and in agreement, may vary the operating arrangements from
time to time.
14.
After sub-clause 13.1, paragraph b insert –
‘(c)
the amount of water release by the Authority for Environmental Releases
prescribed in clause 9A – ’
15.
In sub-clause 14.1, paragraph (d) after the words ‘programs under clauses’ insert ‘9B’
Dated:
Lisa Neville MLA
Minister for Water