{"id":"sr:water-place-take-regulations-2023","name":"Water (Place of Take) Regulations 2023","slug":"water-place-of-take-regulations-2023","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183782,"registerId":"vic-sr:water-place-take-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Water (Place of Take) Regulations 2023","content":"Version No. 002\n\n**Water (Place of Take) Regulations 2023**\n\n**S.R. No. 111/2023**\n\nVersion incorporating amendments as at  \n22 May 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provisions 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\n6 Prescribed circumstances for issuing a prohibition determination 4\n\n7 Application of a determination under section 64FZE of the Act 5\n\n8 Grounds to suspend or cancel a works licence 6\n\n═════════════\n\nEndnotes 7\n\n1 General information 7\n\n2 Table of Amendments 9\n\n3 Explanatory details 10\n\n**Version No.** **002**\n\n**Water (Place of Take) Regulations 2023**\n\n**S.R. No. 111/2023**\n\nVersion incorporating amendments as at  \n22 May 2024\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe—\n\n(a) the circumstances in which the Minister can make a prohibition determination under section 64FZE of the Act; and\n\n(b) the grounds for suspension or cancellation of a works licence under section 74AB(1)(b) of the Act; and\n\n(c) any related matter.\n\n\t2 Authorising provisions\n\nThese Regulations are made under sections 64FZF, 74AB(1)(b), and 324(1)(af) and (v), (2) and (3) of the **Water Act 1989**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 20 November 2023.\n\n\t4 Revocation\n\nThe Water (Tagged Water Allocations) Regulations 2021[[1]](#endnote-1) are **revoked**.\n\n\t5 Definitions\n\n(1) In these Regulations—\n\n***Basin water resources*** has the same meaning as in the Water Act 2007 of the Commonwealth;\n\nReg. 5(1) def. of *Broken water system* inserted by S.R. No. 32/2024 reg. 4(1)\n\n***Broken water system*** means the Broken water system declared under the Order Declaring Water Systems in Northern Victoria 2007 made under section 6A of the Act on 19 June 2007, published in the Government Gazette on 21 June 2007;\n\nReg. 5(1) def. of *Bullarook water system* inserted by S.R. No. 32/2024 reg. 4(1)\n\n***Bullarook water system*** means the Bullarook water system declared under the Order Declaring Water Systems in Northern Victoria 2007 made under section 6A of the Act on 19 June 2007, published in the Government Gazette on 21 June 2007;\n\n***interstate trading zone*** means a part of a water system which is in another State or Territory and which is generally described as a trading zone;\n\nReg. 5(1) def. of *Ovens water system* inserted by S.R. No. 32/2024 reg. 4(1)\n\n***Ovens water system*** means the Ovens water system declared under the Order Declaring Water Systems in Northern Victoria 2007 made under section 6A of the Act on 19 June 2007, published in the Government Gazette on 21 June 2007;\n\n***particular place of take approval that is tagged*** means a particular place of take approval for water under a relevant water allocation or a class of relevant water allocation to be taken from an approved place in a water system zone that is different from the source water system zone for that relevant water allocation or class of relevant water allocation;\n\n***source water system zone*** means—\n\n(a) in relation to a relevant water allocation under a water share, whichever of the following applies—\n\n(i) the water system zone in the declared water system for the water share determined under the Act, including by variation of determination under the Act; or\n\n(ii) if the relevant water allocation has been assigned or further assigned under the Act, the water system zone in the declared water system into which the water allocation has been assigned; or\n\n(b) in relation to a relevant water allocation under an approved interstate right that is taken to be a water share under section 33AG(3) of the Act, the interstate trading zone from which the right was issued; or\n\n(c) in relation to an approved interstate right that is taken to be a water allocation under section 33AG(4) of the Act, whichever of the following applies—\n\n(i) the water system zone in the declared water system from which the Minister has approved the taking of water under section 33AG of the Act; or\n\n(ii) if the relevant water allocation has been assigned or further assigned under the Act, the water system zone in the declared water system into which the water allocation has been assigned; or\n\n(d) in relation to a relevant water allocation under a bulk entitlement, the water system zone in the declared water system to which the water allocation has been assigned; or\n\n(e) in relation to a relevant water allocation under an environmental entitlement, the water system zone in the declared water system to which the water allocation has been assigned;\n\n***the Act*** means the **Water Act 1989**;\n\n**Note**\n\nNote to reg. 5(1) amended by S.R. No. 32/2024 reg. 4(2).\n\nThese Regulations use the following terms that are defined in section 3(1) of the Act: ***approved interstate right***, ***approved place***, ***Basin Plan***, ***bulk entitlement***, ***declared water system***, ***environmental entitlement***, ***particular place of take approval***, ***relevant water allocation***, ***water system zone***. These Regulations also use the following terms that are defined in section 64FA of the Act: ***prohibition determination***, ***restriction determination***.\n\n(2) In these Regulations, a reference to \"relevant water allocation\" includes a reference to part of a relevant water allocation.\n\nReg. 6 amended by S.R. No. 32/2024 reg. 5 (ILA s. 39B(2)).\n\n\t6 Prescribed circumstances for issuing a prohibition determination\n\n(1) For the purposes of making a prohibition determination in respect of a relevant water allocation or a class of relevant water allocation that is the subject of a particular place of take approval that is tagged and that applies to the Basin water resources, the prescribed circumstances are that the Minister reasonably believes it is necessary to provide for restrictions on the taking of water under that allocation or class of allocation when any of the reasons in section 12.18 of the Basin Plan exist.\n\nReg. 6(2) inserted by S.R. No. 32/2024 reg. 5.\n\n(2) For the purposes of making a prohibition determination that applies to a specified area within the Broken water system, Bullarook water system or Ovens water system and for a period or periods of time in accordance with section 64FZE(3)(a) of the Act, the prescribed circumstances are that the Minister reasonably believes that—\n\n(a) the amount of water that can be delivered to the specified area on a daily basis or throughout a water season is not enough, or soon will not be enough, to meet all of the following—\n\n(i) the demand to take water from the approved places in the area;\n\n(ii) the commitments to deliver water downstream of the area;\n\n(iii) any water system management requirements; and\n\n(b) either—\n\n(i) making a restriction determination is not sufficient to ensure water system management requirements are met; or\n\n(ii) making the prohibition determination is in the public interest.\n\n\t7 Application of a determination under section 64FZE of the Act\n\nFor the purposes of determining whether or not section 12.23 of the Basin Plan applies to a determination made under section 64FZE of the Act, taking water from an approved place under a relevant water allocation that is the subject of a particular place of take approval that is tagged is taken to be taking water with an order for that water.\n\n**Note**\n\nIn these Regulations a reference to \"order\" is a reference to the term as used in section 12.23(1) of the Basin Plan.\n\n\t8 Grounds to suspend or cancel a works licence\n\nFor the purpose of section 74AB(1)(b) of the Act, prescribed circumstances are where works under a licence issued under section 67 of the Act have been used by the holder of the licence to take water in contravention of a determination made by the Minister under Part 4AA of the Act.\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 (Place of Take) Regulations 2023, S.R. No. 111/2023 were made on 24 October 2023 by the Governor in Council under sections 64FZF, 74AB(1)(b), and 324(1)(af) and (v), (2) and (3) of the **Water Act 1989**, No. 80/1989 and came into operation on 20 November 2023: regulation 3.\n\nThe Water (Place of Take) Regulations 2023 will sunset 10 years after the day of making on 24 October 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\nThis publication incorporates amendments made to the Water (Place of Take) Regulations 2023 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nWater (Place of Take) Amendment Regulations 2024, S.R. No. 32/2024\n\n| *Date of Making:* | 14.5.24 |\n| --- | --- |\n| *Date of Commencement:* | 22.5.24: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 140/2021.\n\n  ——\n\n  **Table of Applied, Adopted or Incorporated Matter**\n\n  The following table of applied, adopted or incorporated matter was included in S.R. No. 111/2023 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n    | **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | --- | --- | --- |\n    | Regulation 6 of the Water (Place of Take) Regulations 2023 | Basin Plan within the meaning of the Water Act 2007 of the Commonwealth | Section 12.18 |\n    | Regulation 7 of the Water (Place of Take) Regulations 2023 | Basin Plan within the meaning of the Water Act 2007 of the Commonwealth | Section 12.23 |\n\n   [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original narrow scope. The 2024 amendments expanded the geographic coverage to include three specific northern Victorian water systems (Broken, Bullarook, Ovens) alongside the existing Basin water resources provisions, but this represents a targeted expansion within the same regulatory framework rather than scope creep beyond the original purpose of managing place-of-take restrictions."},"complexity_factors":["Multiple nested definitions: 'particular place of take approval that is tagged' depends on 'source water system zone' which has 5 separate conditional branches (a)-(e) depending on water entitlement type","Cross-referencing to external legislation: requires knowledge of Commonwealth Water Act 2007 (Basin Plan sections 12.18 and 12.23), Victorian Water Act 1989 (sections 33AG, 64FZE, 64FA, 74AB), and a 2007 Gazette Order","Dual-purpose structure: regulates both Basin water resources (Murray-Darling) and specific northern Victorian water systems (Broken, Bullarook, Ovens) under different trigger conditions","Conditional logic in regulation 6: prohibition determinations require cumulative tests — 'not enough water' PLUS ('restrictions insufficient' OR 'public interest')","Technical water management terminology: 'tagged', 'assigned', 'water system zone', 'interstate trading zone', 'environmental entitlement' — all defined terms requiring sector knowledge","Incorporation by reference: critical operative provisions (sections 12.18 and 12.23 of Basin Plan) are not reproduced in the regulations but determine when Minister can act"],"plain_english_summary":"**What this legislation does**\n\nThese regulations give the Victorian Water Minister power to stop or restrict water users from taking water from specific locations when supplies run low or system management requires it.\n\n**Who it affects**\n\n- **Farmers and irrigators** who hold water allocations (rights to take water) that have been \"tagged\" to a different location than their original source zone\n- **Water entitlement holders** in three specific northern Victorian water systems: Broken, Bullarook, and Ovens\n- **Works licence holders** (people with infrastructure like pumps or channels) who might lose their licence if they breach water restrictions\n\n**Key things the regulations do**\n\n- **Prohibition determinations**: The Minister can ban water take from specific areas when:\n  - Basin Plan reasons apply (relating to the Murray-Darling Basin)\n  - In the Broken, Bullarook or Ovens systems: there's not enough water to meet demand, deliver water downstream, and maintain system requirements — *and* either restrictions aren't enough or it's in the public interest to ban take entirely\n\n- **Works licence penalties**: If you use licensed infrastructure (like a pump) to take water when the Minister has banned it, your works licence can be suspended or cancelled\n\n- **Tagged allocations**: These are water rights that have been moved (\"tagged\") to a different location. The regulations treat taking water under these tagged approvals as if an \"order\" was placed for that water — this matters for how the Basin Plan applies\n\n**Why it matters**\n\nWater is scarce in Victoria. These rules let the government protect water supplies for downstream users and the environment by stopping people from taking water from stressed parts of the system, even if they technically hold a right to that water. It balances property rights against system sustainability."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Regulations replace the earlier Tagged Water Allocations rules (revoked by reg. 4) and set new, specified circumstances for Ministerial prohibition determinations: they now explicitly apply to tagged place‑of‑take approvals affecting Basin water resources under Basin Plan section 12.18 (reg. 6(1)) and to specified parts of the Broken, Bullarook and Ovens systems where daily or seasonal delivery shortfalls threaten demand, downstream commitments or system management (reg. 6(2)). They also concretely prescribe that use of works to take water contrary to Part 4AA determinations is a ground for suspension or cancellation of a works licence (reg. 8)."},"complexity_factors":["Cross‑jurisdictional references to the Commonwealth Basin Plan (section 12.18 and 12.23) creating dependency on external instrument content (reg. 6(1); reg. 7).","Multiple statutory cross‑references to the Water Act 1989 (notably sections 64FZE, 64FZF, 74AB(1)(b)) requiring interpretive linkage across instruments (reg. 2; regs. 6–8).","Defined technical terms (eg. 'tagged' particular place of take approval, 'source water system zone') that determine scope of application and rely on assignment/approval histories (reg. 5).","Use of a discretionary standard—Minister 'reasonably believes'—to trigger prohibitions, which creates administrative discretion and evidentiary considerations (reg. 6(1)–(2)).","Targeting of specific declared local systems (Broken, Bullarook, Ovens) and daily/seasonal delivery tests adds operational complexity for local managers and licence holders (reg. 5; reg. 6(2)).","Revocation of the prior Water (Tagged Water Allocations) Regulations 2021 changes the regulatory baseline and transitional/compliance expectations (reg. 4).","A prohibition determination’s treatment as an 'order' for Basin Plan application affects trading/entitlements interactions and market behaviour (reg. 7).","Temporal limits and sunset provisions (10‑year statutory rule horizon noted in endnotes) create a bounded regulatory lifetime affecting planning."],"plain_english_summary":"This instrument prescribes when the Minister may prohibit taking water from particular approved places (including 'tagged' place‑of‑take approvals) and when a works licence can be suspended or cancelled. It links those powers to specified Basin Plan conditions and to identified local water systems where delivery shortfalls exist. It affects holders of particular place‑of‑take approvals, water licence holders and anyone taking water under the relevant allocations, because it changes when and where water may legally be taken."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available content, the regulation appears to serve its stated and narrow administrative purpose of defining or regulating the physical locations from which water may be taken. There is no evidence from the provided text of scope creep or expansion beyond this original intent."},"complexity_factors":["Limited substantive text was provided, preventing full complexity assessment","Water law in Australia generally involves layered entitlement frameworks (Acts, regulations, and licences interacting)","Geographic and technical definitions of 'place of take' may require specialist knowledge to interpret","Potential interaction with broader Victorian water legislation (e.g., Water Act 1989) adds interpretive complexity","However, as a regulation focused on a single administrative concept, it is likely narrow in scope"],"plain_english_summary":"This regulation sets out where water licence or entitlement holders may physically extract water in Victoria. It governs permitted “places of take,” affecting farmers, irrigators, businesses, water managers and environmental interests.\n\nIt matters because the exact extraction location can impact other users and ecosystems, and using an unapproved site can jeopardise licences or incur legal penalties."}},"importantCases":[],"_links":{"self":"/api/acts/water-place-of-take-regulations-2023","history":"/api/acts/water-place-of-take-regulations-2023/history","analysis":"/api/acts/water-place-of-take-regulations-2023/analysis","conflicts":"/api/acts/water-place-of-take-regulations-2023/conflicts","importantCases":"/api/acts/water-place-of-take-regulations-2023/important-cases","documents":"/api/acts/water-place-of-take-regulations-2023/documents"}}