Water (Resource Management) Amendment
Regulations 2010
S.R. No. 139/2010
TABLE OF PROVISIONS
Regulation
1
2
3
4
5
6
Page
Objective
Authorising provision
Commencement
Objectives
Definitions
New Parts 4 and 5 inserted
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1
2
2
2
3
PART 4—PRESCRIBED PURPOSE FOR APPLICATIONS
FOR LICENCES UNDER SECTION 51(1) FOR TAKING
AND USING WATER IN DECLARED WATER SYSTEMS
3
30
Prescribed purpose for applications for licences for
taking and using water in declared water systems
PART 5—PRIVATE DAMS
31
Notice of constructing a new private dam or altering an
existing private dam
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ENDNOTES
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4
4
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STATUTORY RULES 2010
S.R. No. 139/2010
Water Act 1989
Water (Resource Management) Amendment
Regulations 2010
The Governor in Council makes the following Regulations:
Dated: 26 October 2010
Responsible Minister:
TIM HOLDING
Minister for Water
MATTHEW McBEATH
Clerk of the Executive Council
1 Objective
The objective of these Regulations is to amend the
Water (Resource Management) Regulations 2007
to—
(a) prescribe a purpose for which a licence under
section 51 of the Water Act 1989 may be
issued within a declared water system; and
(b) require that a proposal to construct a new
private dam or alter an existing private dam
within a rural residential area be registered.
2 Authorising provision
These Regulations are made under section 324 of
the Water Act 1989.
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3 Commencement
These Regulations come into operation on
1 January 2011.
4 Objectives
In regulation 1 of the Water (Resource
Management) Regulations 20071—
(a) in paragraph (d), for "Act." substitute "Act;
and"; and
(b) after paragraph (d) insert—
"(e) a purpose for which a licence under
section 51 of the Water Act 1989 may
be issued within a declared water
system; and
(f) requirements relating to the
construction and alteration of certain
private dams.".
5 Definitions
In regulation 4 of the Water (Resource
Management) Regulations 2007 insert the
following definitions—
"rural residential area means any land that is—
(a) within the Rural Living Zone, Green
Wedge Zone or a residential zone
within the meaning of the Victoria
Planning Provisions, approved under
Part 1A of the Planning and
Environment Act 1987; and
(b) 8 hectares or smaller in size;
water frontage has the same meaning as in
section 3(1) of the Land Act 1958;".
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6 New Parts 4 and 5 inserted
After Part 3 of the Water (Resource Management)
Regulations 2007 insert—
"__________________
PART 4—PRESCRIBED PURPOSE FOR
APPLICATIONS FOR LICENCES UNDER
SECTION 51(1) FOR TAKING AND USING
WATER IN DECLARED WATER SYSTEMS
30 Prescribed purpose for applications for
licences for taking and using water in
declared water systems
For the purposes of section 51(lAA)(b) of the
Act, a prescribed purpose is watering of
cattle or other stock by any of the following
persons—
(a) a person who occupies land adjacent to
a waterway, who holds a licence under
section 130 or 138 of the Land Act
1958 in respect of a water frontage
along that waterway, the licence being
a licence that permits grazing for less
than one month a year for conservation
purposes, and the water frontage being
land that has been fenced off on or after
30 September 2004 to exclude stock
access to the waterway;
(b) a person who occupies land adjacent to
a waterway, who previously held a
licence at any time under section 130
or 138 of the Land Act 1958 in respect
of a water frontage along that
waterway, the licence being a licence
that permitted grazing, and was—
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(i) cancelled in order to implement a
recommendation of the Victorian
Environmental Assessment
Council; or
(ii) surrendered as part of an
arrangement for the water frontage
to be managed by a committee of
management.
__________________
PART 5—PRIVATE DAMS
31 Notice of constructing a new private dam
or altering an existing private dam
(1) A person who occupies land located within a
rural residential area must not—
(a) construct a new private dam; or
(b) alter an existing private dam—
on that land unless the person has first given
written notice to the Minister.
Penalty: 10 penalty units.
(2) Notice under subregulation (1) must include
the following information—
(a) the name, address and contact
telephone number of the person
registering the proposed construction of
a new private dam or the proposed
alteration of an existing private dam;
(b) the geographical location of the new
private dam or the existing private dam
including—
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(i) the GPS coordinates; and
(ii) the coordinate system used to
determine the GPS coordinates;
(c) in the case of a new private dam, a
description of the dam, including the
estimated capacity and wall height of
the dam where applicable;
(d) in the case of an alteration of an
existing dam, a description of the
alterations including the estimated
capacity and wall height of the dam
where applicable.
(3) An application for a licence to take and use
water from a private dam under section 51 of
the Act is a written notice for the purposes of
subregulation (1).
(4) Subregulation (1) does not apply to a person
who is required to make an application under
section 67 of the Act for the issue of a
licence to construct, alter, operate, remove or
decommission a private dam.".
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Water (Resource Management) Amendment Regulations 2010
Endnotes
S.R. No. 139/2010
ENDNOTES
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Reg. 4: S.R. No. 75/2007 as amended by S.R. No. 123/2009.
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