{"id":"sr:water-industry-waterways-land-regulations-2023","name":"Water Industry (Waterways Land) Regulations 2023","slug":"water-industry-waterways-land-regulations-2023","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183435,"registerId":"vic-sr:water-industry-waterways-land-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Water Industry (Waterways Land) Regulations 2023","content":"Version No. 001\n\n**Water Industry (Waterways Land) Regulations 2023**\n\n**S.R. No. 11/2023**\n\nVersion as at  \n25 February 2023\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provisions 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\n6 Application of offences under these Regulations to servants or agents of the Crown and other officers 3\n\n7 Closure of certain regulated waterways land 3\n\n8 Organised activities on regulated waterways land 4\n\n9 Offence to berth or moor a vessel 5\n\n═════════════\n\nEndnotes 6\n\n1 General information 6\n\n2 Table of Amendments 8\n\n3 Explanatory details 9\n\n**Version No.** **001**\n\n**Water Industry (Waterways Land) Regulations 2023**\n\n**S.R. No. 11/2023**\n\nVersion as at  \n25 February 2023\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to enable the closure of regulated waterways land for the purposes of an organised activity or for safety reasons; and\n\n(b) to regulate organised activities occurring on regulated waterways land; and\n\n(c) to regulate the berthing and mooring of vessels on regulated waterways land.\n\n\t2 Authorising provisions\n\nThese Regulations are made under sections 149 and 184 of the **Water Industry Act 1994**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 25 February 2023.\n\n\t4 Revocation\n\nThe Water Industry (Waterways Land) Regulations 2013[[1]](#endnote-1) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***organised activity*** includes any boat race, regatta, swimming race, competition, tournament, festival, concert, promotion, fireworks display and any other organised event;\n\n***regulated waterways land*** means waterways land within the meaning of section 3(1) of the Act, other than land that falls within paragraph (b) of that definition of ***waterways land*** and that is land—\n\n(a) that is a park within the meaning of the **National Parks Act 1975** or that is managed under section 19AA, 19A, 19B, 19C, 19D or 19E of that Act; or\n\n(b) reserved under the **Crown Land (Reserves) Act 1978** and—\n\n(i) managed under section 18B of that Act by any person (other than Parks Victoria); or\n\n(ii) managed under that Act by a committee of management (other than Parks Victoria); or\n\n(iii) vested in a Council under section 16 of that Act;\n\n***the Act*** means the **Water Industry Act 1994**;\n\n***vessel*** has the same meaning as in section 3(1) of the **Marine Safety Act 2010**;\n\n***waterway manager***, in relation to an area of regulated waterways land, means—\n\n(a) a waterway manager within the meaning of section 3(1) of the **Marine Safety Act 2010** who has been declared under that Act to be the waterway manager for that land; or\n\n(b) if paragraph (a) does not apply to that land, the Secretary.\n\n\t6 Application of offences under these Regulations to servants or agents of the Crown and other officers\n\nRegulations 7, 8 and 9 do not apply to a person who—\n\n(a) is acting as a servant or agent of the Crown; or\n\n(b) is acting under and in accordance with a contract with—\n\n(i) the Crown; or\n\n(ii) a person who is a servant or agent of the Crown; or\n\n(c) is acting under the direction of a person (the ***other person***) while the other person is acting as a servant or agent of the Crown; or\n\n(d) is acting with the permission of a person (the ***other person***) while the other person is acting as a servant or agent of the Crown; or\n\n(e) is an authorised officer acting in the course of the authorised officer's duties.\n\n\t7 Closure of certain regulated waterways land\n\n(1) The waterway manager for an area of regulated waterways land may determine to close all or any part of that land to entry by the public, if the waterway manager believes it is necessary to do so—\n\n(a) to enable an organised activity to be conducted on that part of the land; or\n\n(b) in an emergency.\n\n(2) In determining whether to close an area of regulated waterways land under subregulation (1), the waterway manager must take into account the reasonable needs of the public to enter and enjoy that land.\n\n(3) In a determination under subregulation (1), the waterway manager must specify the period for which that land is closed to entry by the public.\n\n(4) A waterway manager who determines to close an area of regulated waterways land under subregulation (1) must—\n\n(a) cause signs or barriers to be erected in relation to that closure; and\n\n(b) publish the determination—\n\n(i) in the Government Gazette; and\n\n(ii) on the waterway manager's Internet site.\n\n(5) A person must not enter an area of regulated waterways land that has been closed under subregulation (1) unless that person is entitled to do so for the purpose of—\n\n(a) taking part in an organised activity or conducting an organised activity on that part of the land; or\n\n(b) an emergency.\n\nPenalty: 10 penalty units.\n\n\t8 Organised activities on regulated waterways land\n\n(1) A person must not take part in organising or conducting an organised activity on regulated waterways land unless that person is the holder of a written authority under subregulation (2) to do so.\n\nPenalty: 10 penalty units.\n\n(2) The waterway manager for an area of regulated waterways land may issue a written authority to a person to take part in organising or conducting an organised activity on that land.\n\n\t9 Offence to berth or moor a vessel\n\n(1) A person must not berth or moor a vessel on any regulated waterways land except in the circumstances specified in subregulation (2).\n\nPenalty: 10 penalty units.\n\n(2) For the purposes of subregulation (1), the specified circumstances are if the vessel is berthed or moored—\n\n(a) in accordance with the terms and conditions of a lease or licence of that regulated waterways land; or\n\n(b) in accordance with the terms and conditions of a lease or licence of Crown land adjacent to that regulated waterways land; or\n\n(c) in accordance with a sign posted on that berth by the waterway manager for that area of regulated waterways land.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Water Industry (Waterways Land) Regulations 2023, S.R. No. 11/2023 were made on 21 February 2023 by the Governor in Council under sections 149 and 184 of the **Water Industry Act 1994**, No. 121/1994 and came into operation on 25 February 2023: regulation 3.\n\nThe Water Industry (Waterways Land) Regulations 2023 will sunset 10 years after the day of making on 21 February 2033 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Water Industry (Waterways Land) Regulations 2023 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 25/2013.\n\n  ——\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument revokes the 2013 Regulations (reg 4) and re‑frames the regulated area by expressly excluding national parks and specified Crown reserves from 'regulated waterways land' (reg 5). It consolidates closure powers, event‑authorisation duties and mooring restrictions under declared waterway managers or the Secretary (regs 5, 7–9), and sets offences with Crown exceptions (reg 6), thereby changing the legal instrument in force and clarifying the statutory footprint and decision‑makers."},"complexity_factors":["Cross‑references to multiple other Acts for definitions and powers (Water Industry Act 1994; Marine Safety Act 2010; National Parks Act 1975; Crown Land (Reserves) Act 1978).","Defined‑term exclusion in 'regulated waterways land' creates a carved‑out scope requiring identification of land status under other statutes (reg 5).","Delegated discretion to waterway managers or the Secretary to close land and issue event authorities (regs 5, 7–8).","Offences include express exceptions for servants/agents of the Crown, contractors acting under Crown direction, and authorised officers, creating factual questions about status and lawful conduct (reg 6).","Penalty expressed in penalty units links enforcement cost to external monetary unit legislation and requires calculation (endnotes/explanatory details).","Operational requirements for signage, barriers and publication introduce administrative compliance steps for closures (reg 7(4)).","Interaction with leases, licences and posted signs as affirmative defences for mooring creates dependency on private contracts and local signage (reg 9).","Sunset provision noted in endnotes (10‑year limit) affects regulatory longevity and review timing."],"plain_english_summary":"These Regulations let the waterway manager (or the Secretary where no manager is declared) temporarily close \"regulated waterways land\" for organised events or emergencies, require written authority to organise events, and prohibit berthing or mooring except under leases, licences or posted signs. They affect event organisers and vessel operators on regulated waterways land (excluding certain national parks and specified Crown reserves). Non‑compliance attracts a 10‑penalty‑unit fine; closures must be signposted and published (regs 5, 7–9)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the provided text contains no substantive provisions, explanatory memoranda, or purpose clauses that would allow a comparison between intended and actual scope."},"complexity_factors":["Insufficient substantive content provided to assess true regulatory complexity","The document as supplied contains only metadata, version history labels, and structural headings — no operative provisions","Water industry regulations in general can involve overlapping jurisdictions (state, local, catchment authorities), which would normally increase complexity","Complexity score is kept low because no complex provisions, cross-references, definitions, or obligations are visible in the provided text"],"plain_english_summary":"This instrument sets out regulatory rules for land alongside waterways managed by Victoria’s water industry. It governs how such land is managed, accessed, and used under the water-industry framework.\n\nIt affects water authorities, adjacent landowners, developers and recreational users because it determines who can do what on waterways land — but the supplied text lacks the substantive provisions needed to say exactly what those rules are."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain the same scope as their 2013 predecessor. They cover the same three core areas: land closures, organised activities, and vessel mooring. The definition of 'regulated waterways land' excludes national parks and certain Crown land reserves, which narrows the scope appropriately to waterways under active waterway management rather than conservation management."},"complexity_factors":["Short length (9 substantive regulations)","Only 5 defined terms, though 'regulated waterways land' definition requires cross-referencing three other Acts (Water Industry Act 1994, National Parks Act 1975, Crown Land (Reserves) Act 1978)","Simple conditional structure with clear exceptions in regulation 6","No nested exceptions or complex procedural requirements","Straightforward offence provisions with flat penalty structure (10 penalty units for each offence)","Limited cross-referencing beyond the definition section"],"plain_english_summary":"These regulations give waterway managers in Victoria the power to close off public waterways land for events or emergencies, control who can run organised activities on that land, and restrict where boats can be moored.\n\n**What it does:**\n- **Closures:** Waterway managers (usually government bodies or the Secretary) can close sections of regulated waterways land to the public for organised activities (like boat races, festivals, or fireworks) or in emergencies. They must consider public access needs, set a time limit for the closure, put up signs or barriers, and publish the closure in the Government Gazette and online.\n- **Organised activities:** You need written permission from the waterway manager to organise or run events on this land. Taking part in organising an event without permission can result in a fine.\n- **Mooring restrictions:** You can't just park your boat anywhere on regulated waterways land. You need a lease, licence, or explicit permission via posted signs from the waterway manager.\n\n**Who it affects:**\n- Anyone using Victoria's waterways for recreation or events\n- Event organisers planning activities on waterways land\n- Boat owners wanting to moor their vessels\n- Waterway managers (including Melbourne Water and other authorities)\n\n**Key exemptions:**\nGovernment employees, contractors working for the Crown, and authorised officers are exempt from the offences when acting in their official capacity.\n\n**Penalties:**\nBreaking these rules can cost you 10 penalty units (roughly $1,850 based on current values).\n\n**Why it matters:**\nThis replaces the 2013 regulations and ensures public waterways can be safely managed for both everyday use and special events, while preventing unauthorised commercial use or unsafe mooring practices."}},"importantCases":[],"_links":{"self":"/api/acts/water-industry-waterways-land-regulations-2023","history":"/api/acts/water-industry-waterways-land-regulations-2023/history","analysis":"/api/acts/water-industry-waterways-land-regulations-2023/analysis","conflicts":"/api/acts/water-industry-waterways-land-regulations-2023/conflicts","importantCases":"/api/acts/water-industry-waterways-land-regulations-2023/important-cases","documents":"/api/acts/water-industry-waterways-land-regulations-2023/documents"}}