COMPLIANCE REPORT 2013-2014
Introduction
The National framework for Compliance and Enforcement Systems for Water Resource
Management aims to provide a nationally consistent approach to improving compliance with
water resource legislation by strengthening compliance and enforcement within each
jurisdiction. The implementation of this framework is being funded by the Commonwealth
Department of Sustainability, Environment, Water, Population and Communities.
The framework requires each jurisdiction to collect and annually publish compliance
statistics based on the following categories:
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Alleged compliance breaches reported
Advisory letters issued
Formal warnings issued specifying the relevant section and Act
Administrative sanctions specifying the relevant section and Act
Criminal charges and proceedings brought, specifying the relevant section and Act
Civil enforcement actions in the courts and the outcomes
Licence suspensions specifying the relevant sections and Act
The relevant Act in Victoria is the Victorian Water Act 1989. This Act does not provide for
civil enforcement actions or licence suspensions, therefore this data has not been reported.
Alleged compliance breaches reported in non-urban
systems across Victoria
There were 236 alleged Water Act 1989 breaches reported from 1 July 2013 to 30 June
2014, and during this period 221 cases were finalised.
Table 1 shows the reasons for finalisation of reported breaches excluding those breaches
prosecuted.
Table 1: Compliance statistics for period 1 July 2013 – 2014 based on National
Framework reporting criteria.
Reason for finalisation
Number of cases against the relevant
section of Water Act 1989
Not proceeded with– not enough evidence,
assessed as minimal impact or arbitrary in
nature etc.
27
Advisory letter
57
(outlets operating without orders and
overuse)
Warning notices issued
126 in total, comprising of
– section 63 (42 warning notices issued)
(Usage exceeding allocation, pumping on
bans and off period consumption),
1
Reason for finalisation
Number of cases against the relevant
section of Water Act 1989
– section 67 (2) (Licence to construct
works),
– section 75 (17) (Breach condition of
works licence),
– section 289 (56) (Illegal take and use of
water),
– sections 51,75 and 289 (1),
– sections 51 and 289 (1),
– sections 288 and 289 (4),
– sections 145 and 288 (1) (Control over
connections and Interference with water
authority’s property),
–section148 (1) (Illegal structure over
works).
– Regulation 4 Water (1) (Lake Eildon
Recreational Area) (Houseboats) 2013
10 issued in total – incorporating:
Section 151 notice of contravention issued
Water Act 1989, section75 (1), section 145
(7), section 289 (1), Regulation 4 Water (1)
(Lake Eildon Recreational Area)
(Houseboats) 2013
Customers restricted
1 (non payment)
Table 2 shows Water Act 1989 prosecutions commenced between 1 July 2013 to 30 June
2014
Table 2: Offences under the Water Act 1989
Relevant section(s) of the act
Water sources
Date commenced
Sections 288 and 289 – interference
with water authority’s (the authority’s)
property and taking water without
authorisation.
Surface water
7 October 2013
Section 288 – interference with
authority’s property.
Surface water
9 October 2013
Sections 288 and 289 – interference
with authority’s property and taking
water without authorisation.
Surface water
25 November 2013
Section 288 – interference with
authority’s property.
Surface water
4 February 2014
Sections 288 and 289– interference
with authority’s property and taking
water without authorisation.
Surface water
15 April 2014
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Table 3 shows outcomes of Water Act 1989 prosecutions finalised between 1 July 2013 and
30 June 2014 (including those commenced pre July 2013 if finalised in this period)
Table 3: Offences under the Water Act 1989
Relevant section(s) of
the act
Basin that offence
occurred in and
whether surface
water or
groundwater
Date commenced
Outcome
Section 151 – failure to
comply with a section
151 notice –
unauthorised works on a
waterway – farm dam.
Surface water
31 August 2011
Dismissed on
appeal.
Theft of water by
pumping from a channel.
Charged by police for
theft.
Surface water
27 February 2013
Fined
Sections 288 and 289 –
interference with
authority’s property and
taking water without
authorisation.
Surface water
7 August 2013
$500 penalty
Sections 288 and 289 –
interference with an
authority’s property and
wrongful taking of water.
Surface water
20 September 2013
12 month good
behaviour bond,
adjourned until 16
February 2015.
Water authority
ordered to pay
costs.
Ordered to pay
costs of $1,325.40
Section 289 – wrongful
taking of water.
Surface water
25 September 2013
No conviction.
Fined $1,500.
Ordered to pay
costs of $1,325.40.
Section 288 –
interference with
authority’s property.
Surface water
9 October 2013
No conviction.
Fined $5,000, 3
month good
behaviour bond.
Sections 288 and 289 –
interference with
authority’s property and
taking water without
authorisation.
Surface water
4 December 2013
No conviction.
Fined $400.
Ordered to pay
costs of $120.40.
Sections 288 and 289 –
interference with
Surface water
27 January 2014
No conviction.
Fined $2,500.
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Relevant section(s) of
the act
Basin that offence
occurred in and
whether surface
water or
groundwater
Date commenced
authority’s property and
wrongful taking of water.
Outcome
Ordered to pay
costs of $1,307.20.
Section 288 –
Interference with
authority’s property.
Surface water
4 February 2014
Convicted fined
$2,500
Section 288 –
interference with
authority’s property.
Surface water
5 February 2014
Discontinued
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