{"id":"sr:water-resource-management-regulations-2017","name":"Water (Resource Management) Regulations 2017","slug":"water-resource-management-regulations-2017","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185719,"registerId":"vic-sr:water-resource-management-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Water (Resource Management) Regulations 2017","content":"Version No. 003\n\n**Water (Resource Management) Regulations 2017**\n\n**S.R. No. 123/2017**\n\nVersion incorporating amendments as at  \n1 July 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provision 2\n\n3 Commencement 2\n\n4 Revocation 2\n\n5 Definitions 3\n\nPart 2—Fees for applications in relation to water shares and water allocation 8\n\n6 Fee for application for issue of a water share 8\n\n7 Fee for application for issue of a water share by holder of interstate right 8\n\n8 Fee for application for variation of a water share 8\n\n9 Fee for application to revoke a standing assignment 8\n\n10 Fee for application for transfer of ownership of water share under Division 5 of Part 3A of the Act 8\n\n11 Fee for application to give a limited term transfer under Division 5 of Part 3A of the Act 8\n\n12 Fee for application to give a standing assignment 8\n\n13 Fee for application to give a water allocation assignment under Division 5 of Part 3A of the Act 9\n\n14 Fee for application to divide a water share 9\n\n15 Fee for application to consolidate water shares 9\n\n16 Fee for application to surrender a water share to the Crown 9\n\n17 Fee for application to cancel a water share where interstate rights are obtained 9\n\n18 Fee for application for Ministerial approval to take interstate water 9\n\n19 Fee for application for a general place of take approval 9\n\n20 Fee for application to vary a general place of take approval 10\n\n20A Fee for application to transfer notional rationing rate 10\n\n20B Fee for application to vary notional rationing rate 10\n\n20C Fee for application for external place of take approval 11\n\n21 Fee for application for a particular place of take approval 11\n\n22 Group applications 12\n\n23 Exception to regulations in this Part 13\n\nPart 3—Water register fees 14\n\nDivision 1—Water share dealings 14\n\n24 Fees for recording water share or related dealings 14\n\n25 Fees for recording mortgage related dealings 15\n\n26 Fee for recording that matter referred to arbitration 16\n\n27 Fee for providing a certificate as to matter in the part of the water register or in records of information maintained by the Registrar 16\n\n28 Waiver of Division 1 fees 16\n\nDivision 2—Searching or amending the water register 17\n\n30 Fees to search the water register 18\n\n31 Fee to correct or amend the water register 18\n\n32 Waiver of Division 2 fees 19\n\nPart 3A—Records and information not publicly available from the water register 20\n\n32A Records and information that are not publicly available from the water register 20\n\nPart 4—Prescribed purpose for applications for licences under section 51(1) for taking and using water in declared water systems 23\n\n33 Prescribed purpose for applications for licences for taking and using water in declared water systems 23\n\nPart 5—Prescribed persons to be occupiers for the purposes of water‑use registration 25\n\n34 Prescribed persons 25\n\n═════════════\n\nEndnotes 26\n\n1 General information 26\n\n2 Table of Amendments 28\n\n3 Explanatory details 29\n\n**Version No.** **003**\n\n**Water (Resource Management) Regulations 2017**\n\n**S.R. No. 123/2017**\n\nVersion incorporating amendments as at  \n1 July 2024\n\nPart 1—Preliminary\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe—\n\n(a) fees for applications to the Minister relating to water shares, water allocations and related dealings under the **Water Act 1989**; and\n\n(b) fees for lodging documents with the Registrar of the water register or making recordings in the water register; and\n\n(c) fees for applications to amend or search the water register; and\n\nReg. 1(d) substituted by S.R. No. 62/2024 reg. 5(1).\n\n(d) the records or information recorded in the water register that are not publicly available; and\n\nReg. 1(e) amended by S.R. No. 110/2023 reg. 5, revoked by S.R. No. 62/2024 reg. 5(2).\n\n* * * * *\n\n(f) the purpose for which a licence under section 51 of the **Water Act 1989** may be issued within a declared water system; and\n\n(g) certain persons and classes of person to be occupiers for the purpose of water-use registration.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 324 of the **Water Act 1989**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 29 November 2017.\n\n\t4 Revocation\n\nThe following Regulations are **revoked**—\n\n(a) Water (Resource Management) Regulations 2007[[1]](#endnote-2);\n\n(b) Water (Resource Management) Amendment Regulations 2009[[2]](#endnote-3);\n\n(c) Water (Resource Management) Amendment Regulations 2010[[3]](#endnote-4);\n\n(d) Water (Resource Management) Amendment Regulations 2012[[4]](#endnote-5);\n\n(e) Water (Resource Management) Amendment Regulations 2013[[5]](#endnote-6);\n\n(f) Water (Resource Management) Amendment Regulations 2014[[6]](#endnote-7).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***automated lodgement process*** means the process for enabling the making of an application through the Victorian Water Register website;\n\n**Note**\n\nThe Victorian Water Register website is at <http://waterregister.vic.gov.au>.\n\nReg. 5 def. of *Goulburn water system* inserted by S.R. No. 62/2024 reg. 6.\n\n***Goulburn water system*** means the Goulburn 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 def. of *Murray water system* inserted by S.R. No. 62/2024 reg. 6.\n\n***Murray water system*** means the Murray 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***the Act***  means the **Water Act 1989**;\n\nReg. 5 def. of *water allocation group application* amended by S.R. No. 110/2023 reg. 6(a).\n\n***water allocation group application*** means any one of the following combinations of applications in relation to the same water share, water allocation or use of water—\n\n(a) an application made under section 33X(1)(ba) of the Act together with an application made under section 33TB of the Act;\n\n(b) an application made under section 33X(1)(c) of the Act together with any one or more of the following—\n\n(i) an application made under section 33TB of the Act;\n\n(ii) an application made under section 33X(1)(ba) of the Act;\n\n(iii) an application made under section 33AG(1) of the Act;\n\n(iv) an application made under section 64FZK of the Act;\n\n(v) an application made under section 64FZT of the Act;\n\n(c) an application made under section 64FZK or 64FZT of the Act together with any one or more of the following—\n\n(i) an application made under section 33TB of the Act;\n\n(ii) an application made under section 33X(1)(ba) of the Act;\n\n(iii) an application made under section 33AG(1) of the Act;\n\n***water limited term transfer group application*** means an application made under section 33X(1)(b) of the Act when made together with either one or both of the following applications, in relation to the same water allocation—\n\n(a) an application made under section 33TB of the Act;\n\n(b) an application made under section 33X(1)(ba) of the Act;\n\nReg. 5 def. of *water share change group application* amended by S.R. No. 110/2023 reg. 6(b)(c).\n\n***water share change group application*** means either one of the following combinations of applications in relation to the same water share or water allocation—\n\n(a) an application made under section 64FZK of the Act together with any one or more of the following—\n\n(i) an application made under section 33R of the Act;\n\n(ii) an application made under section 33TB of the Act;\n\n(iii) an application made under section 33X(1)(ba) of the Act;\n\n(iv) an application made under section 33Y(1) of the Act;\n\n(v) an application made under section 33Z(1) of the Act;\n\n* * * * *\n\n(b) an application made under section 33R of the Act together with either one or both of the following—\n\n(i) an application made under section 33TB of the Act;\n\n(ii) an application made under section 33X(1)(ba) of the Act;\n\n***water share consolidation group application***  means an application in respect of 2 or more water shares made under section 33Z(1) of the Act when made together with an application made under section 33X(1)(ba) of the Act in relation to those same water shares;\n\n***water share divide group application*** means an application in respect of a water share made under section 33Y(1) of the Act when made together with an application made under section 33X(1)(ba) of the Act in relation to the same water share;\n\n***water share issue group application*** means either one of the following combinations of applications in relation to the same water share—\n\n(a) an application made under section 33L(1) of the Act when made together with an application made under section 33X(1)(ba) of the Act;\n\n(b) an application made under  \nsection 33M of the Act when made together with an application made under section 33X(1)(ba) of the Act;\n\nReg. 5 def. of *water share transfer group application* amended by S.R. No. 110/2023 reg. 6(d).\n\n***water share transfer group application*** means an application made under section 33X(1)(a) of the Act when made together with any one or more of the following applications, in relation to the same water share—\n\n(a) an application made under  \nsection 33R of the Act;\n\n(b) an application made under section 33TB of the Act;\n\n(c) an application made under section 33X(1)(ba) of the Act;\n\n(d) an application made under section 33Y(1) of the Act;\n\n(e) an application made under section 64FZK of the Act;\n\n* * * * *\n\nReg. 5 def. of *water take group application* substituted as *water take outside of a declared water system group application* by S.R. No. 110/2023 reg. 6(e).\n\n***water take outside of a declared water system group application*** means an application made under section 64FZT of the Act when made together with either one or both of the following applications, in relation to the same water share—\n\n(a) an application made under section 33TB of the Act;\n\n(b) an application made under section 33X(1)(ba) of the Act.\n\nPart 2—Fees for applications in relation to water shares and water allocation\n\n\t6 Fee for application for issue of a water share\n\nThe prescribed fee for an application made under section 33L(1) of the Act is 13·57 fee units.\n\n\t7 Fee for application for issue of a water share by holder of interstate right\n\nThe prescribed fee for an application made under section 33M of the Act is 13·57 fee units.\n\n\t8 Fee for application for variation of a water share\n\nThe prescribed fee for an application made under section 33R of the Act is 11·43 fee units.\n\nReg. 9 (Heading) amended by S.R. No. 110/2023 reg. 7.\n\n\t9 Fee for application to revoke a standing assignment\n\nThe prescribed fee for an application made under section 33TB is 6·04 fee units.\n\n\t10 Fee for application for transfer of ownership of water share under Division 5 of Part 3A of the Act\n\nThe prescribed fee for an application made under section 33X(1)(a) of the Act is 13·57 fee units.\n\n\t11 Fee for application to give a limited term transfer under Division 5 of Part 3A of the Act\n\nThe prescribed fee for an application made under section 33X(1)(b) of the Act is 13·57 fee units.\n\nReg. 12 (Heading) amended by S.R. No. 110/2023 reg. 8.\n\n\t12 Fee for application to give a standing assignment\n\nThe prescribed fee for an application made under section 33X(1)(ba) is 6·04 fee units.\n\n\t13 Fee for application to give a water allocation assignment under Division 5 of Part 3A of the Act\n\nThe prescribed fee for an application made under section 33X(1)(c) of the Act is—\n\n(a) if the application is made through the automated lodgement process, 3·20 fee units; or\n\n(b) if the application is made other than by way of the automated lodgement process, 6·04 fee units.\n\n\t14 Fee for application to divide a water share\n\nThe prescribed fee for an application made under section 33Y(1) of the Act is 11·43 fee units.\n\n\t15 Fee for application to consolidate water shares\n\nThe prescribed fee for an application made under section 33Z(1) of the Act is 11·43 fee units.\n\n\t16 Fee for application to surrender a water share to the Crown\n\nThe prescribed fee for an application made under section 33AA(1) of the Act is 11·43 fee units.\n\n\t17 Fee for application to cancel a water share where interstate rights are obtained\n\nThe prescribed fee for an application made under section 33AB(1) of the Act is 13·57 fee units.\n\n\t18 Fee for application for Ministerial approval to take interstate water\n\nThe prescribed fee for an application made under section 33AG(1) of the Act is 13·57 fee units.\n\nReg. 19 substituted by S.R. No. 110/2023 reg. 9.\n\n\t19 Fee for application for a general place of take approval\n\n(1) The prescribed fee for an application made under section 64FD(1) of the Act is 13·57 fee units.\n\n(2) Subregulation (1) does not apply if the application under subregulation (1)—\n\n(a) is made with an application under—\n\n(i) section 64O of the Act; or\n\n(ii) section 64AH(2) of the Act; or\n\n(iii) section 64AR(1) of the Act; or\n\n(iv) section 64AU(2) of the Act; and\n\n(b) the application under subregulation (2)(a) is an application for a water-use licence or water-use registration that relates to the general place of take approval that is the subject of the application under subregulation (1).\n\nReg. 20 substituted by S.R. No. 110/2023 reg. 9.\n\n\t20 Fee for application to vary a general place of take approval\n\nThe prescribed fee for an application made under section 64FP(3) of the Act is 13·57 fee units.\n\nReg. 20A inserted by S.R. No. 110/2023 reg. 9.\n\n\t20A Fee for application to transfer notional rationing rate\n\nThe prescribed fee for an application made under section 64FX(3) of the Act is 13·57 fee units.\n\nReg. 20B inserted by S.R. No. 110/2023 reg. 9.\n\n\t20B Fee for application to vary notional rationing rate\n\n(1) The prescribed fee for an application made under section 64FY(3) of the Act is 13·57 fee units.\n\n(2) Subregulation (1) does not apply if the application under subregulation (1)—\n\n(a) is made with an application under—\n\n(i) section 64O of the Act; or\n\n(ii) section 64AH(2) of the Act; or\n\n(iii) section 64AR(1) of the Act; or\n\n(iv) section 64AU(2) of the Act; and\n\n(b) the application under subregulation (2)(a) is an application for a water-use licence or water-use registration that relates to the general place of take approval that is the subject of the application under ssubregulation (1).\n\nReg. 20C inserted by S.R. No. 110/2023 reg. 9.\n\n\t20C Fee for application for external place of take approval\n\nThe prescribed fee for an application made under section 64FZT of the Act is—\n\n(a) if it is an application regarding a right to future relevant water allocations, 11·43 fee units; or\n\n(b) if it is an application regarding a relevant water allocation—\n\n(i) if the application is made through the automated lodgement process, 3·20 fee units; or\n\n(ii) if the application is made other than by way of the automated lodgement process, 6·04 fee units.\n\nReg. 21 substituted by S.R. No. 110/2023 reg. 10.\n\n\t21 Fee for application for a particular place of take approval\n\nThe prescribed fee for an application made under section 64FZK of the Act is—\n\n(a) if the application is made through the automated lodgement process, 3·20 fee units; or\n\n(b) if the application is made other than by way of the automated lodgement process, 6·04 fee units.\n\n\t22 Group applications\n\nDespite regulations 6 to 21—\n\n(a) in the case of a person who makes a water share change group application, the prescribed fee is 11·43 fee units;\n\n(b) in the case of a person who makes a water share consolidation group application, the prescribed fee is 11·43 fee units;\n\n(c) in the case of a person who makes a water share divide group application, the prescribed fee is 11·43 fee units;\n\n(d) in the case of a person who makes a water share issue group application, the prescribed fee is 13·57 fee units;\n\n(e) in the case of a person who makes a water share transfer group application, the prescribed fee is 13·57 fee units;\n\n(f) in the case of a person who makes a water limited term transfer group application, the prescribed fee is 13·57 fee units;\n\nReg. 22(g) amended by S.R. No. 110/2023 reg. 11.\n\n(g) in the case of a person who makes a water take outside of a declared water system group application, the prescribed fee is 11·43 fee units;\n\n(h) in the case of a person who makes a water allocation group application, the prescribed fee is—\n\n(i) if the application is made through the automated lodgement process, 3·20 fee units; or\n\n(ii) if the application is made other than by way of the automated lodgement process, 6·04 fee units.\n\n\t23 Exception to regulations in this Part\n\nDespite regulations 13 and 22, no application fee is payable if—\n\nReg. 23(a) amended by S.R. No. 110/2023 reg. 12.\n\n(a) a person makes an application under section 33X(1)(c) of the Act for approval to make an assignment under section 33U(1) or (1AA) or 33V(1) of the Act; and\n\n(b) the Authority responsible for the water system from which the water was allocated considers it appropriate that the person be excepted from the payment of that fee.\n\nPart 3—Water register fees\n\nDivision 1—Water share dealings\n\n\t24 Fees for recording water share or related dealings\n\nThe following fees are prescribed for making a recording in the water register—\n\n(a) for recording a transfer of ownership of a water share under section 84J(1)(a) of the Act, the fee is 8·71 fee units;\n\n(b) for recording a limited term transfer of a water share under section 84J(1)(b) of the Act, the fee is 8·71 fee units;\n\n(c) for recording the surrender of a limited term transfer of a water share under section 84JA(1) of the Act, the fee is 4·36 fee units;\n\n(d) for recording the transmission of a water share to the legal personal representative of the deceased owner of the water share under section 84K(1)(a) of the Act, the fee is 8·71 fee units;\n\n(e) for recording the transmission of a holding of a limited term transfer of a water share to the legal personal representative of the deceased holder of the limited term transfer under section 84K(1)(b) of the Act, the fee is 8·71 fee units;\n\n(f) for recording the transmission of an interest as a mortgagee of a water share to the legal personal representative of the deceased owner of the interest under section 84K(1)(c) of the Act, the fee is 8·71 fee units;\n\n(g) for recording a transmission under section 84L(1)(a) of the Act to the survivor of joint owners of a water share, the fee is 8·71 fee units;\n\n(h) for recording a transmission under section 84L(1)(b) of the Act to the survivor of joint holders of a limited term transfer of a water share, the fee  \nis 8·71 fee units;\n\n(i) for recording a transmission under section 84L(1)(c) of the Act to the survivor of joint holders of a mortgagee interest in a water share, the fee is  \n8·71 fee units;\n\n(j) for recording the transmission of a water share under section 84M of the Act to the trustee in bankruptcy of the owner of the water share, the fee is 8·71 fee units;\n\n(k) for recording a memorandum of common provisions under section 84P(1) of the Act, the fee is 8·71 fee units.\n\n\t25 Fees for recording mortgage related dealings\n\n(1) The prescribed fee for recording in the water register a mortgage of a water share under clause 1 of Schedule 12A to the Act  \nis 4·36 fee units.\n\n(2) The prescribed fee for recording in the water register a variation of the terms of a recorded mortgage of a water share under clause 2(3) of Schedule 12A to the Act is 4·36 fee units.\n\n(3) The prescribed fee for recording in the water register a variation of the principal sum or interest secured by a recorded mortgage of a water share under clause 2(3) of Schedule 12A to the Act is 4·36 fee units.\n\n(4) The prescribed fee for recording in the water register the variation of priority of the recorded mortgages of a water share under clause 3 of Schedule 12A to the Act is 4·36 fee units.\n\n(5) The prescribed fee for recording in the water register the transfer of a mortgage of a water share under clause 4 of Schedule 12A to the Act is 4·36 fee units.\n\n(6) The prescribed fee for recording in the water register a discharge of a mortgage of a water share under clause 10 of Schedule 12A to the Act is 4·36 fee units.\n\n\t26 Fee for recording that matter referred to arbitration\n\n(1) For the purposes of section 84I(i) of the Act, the referral of a matter to arbitration under clause 19 of Schedule 15 to the Act is a prescribed matter to be recorded in the water register.\n\n(2) The fee for recording in the water register the referral of a matter to arbitration under clause 19 of Schedule 15 to the Act is 4·36 fee units.\n\n\t27 Fee for providing a certificate as to matter in the part of the water register or in records of information maintained by the Registrar\n\nThe fee for the issuing of a certificate by a recording body under section 84ZK(1) of the Act for the purposes of proceedings in any court or tribunal is 4·36 fee units.\n\n\t28 Waiver of Division 1 fees\n\n(1) The Registrar may waive a fee specified in regulation 24 or 25 if—\n\n(a) the fee is incurred by a person seeking to make an application under the Act to make a recording in the water register; and\n\n(b) that recording is made as a result of reaching an agreement in respect of ownership of a water share under clause 17(2) of Schedule 15 to the Act.\n\n(2) Despite regulation 25(6), the Registrar may waive the prescribed fee for recording in the water register a discharge of a mortgage of a water share, if—\n\n(a) the discharge was in respect of a mortgage that was deemed to be a mortgage over a water share under clause 26 of Schedule 15 to the Act; and\n\n(b) the recording in the water register of the discharge of the mortgage is lodged within 6 months after the appointed day within the meaning of the Act.\n\n(3) The Registrar may waive a fee specified in this Division which is payable to the Registrar by a person if the Registrar is satisfied that there are circumstances justifying the waiver, including any hardship affecting the person liable to pay the fee.\n\nDivision 2—Searching or amending the water register\n\nReg. 29AA inserted by S.R. No. 110/2023 reg. 13, revoked by S.R. No. 62/2024 reg. 7.\n\n* * * * *\n\nReg. 29 revoked by S.R. No. 62/2024 reg. 7.\n\n* * * * *\n\n\t30 Fees to search the water register\n\nFor the purposes of section 84ZA(2)(a) of the Act, the prescribed fee is—\n\n(a) in the case of a search initiated by accessing an online search facility established by the Registrar for the purposes of searching the water register, 1 fee unit; or\n\n(b) in the case of a search made by the Registrar or the Minister on behalf of the applicant and where a hard copy of the results of that search are provided to the applicant—\n\n(i) if the search is for current information or records, 1·91 fee units; or\n\n(ii) if the search is for non-current information or records, 1·91 fee units; or\n\n(iii) if the search is for documents,  \n1 fee unit.\n\n\t31 Fee to correct or amend the water register\n\n(1) For the purposes of section 84ZB(4)(b)(i) of the Act—\n\n(a) no prescribed fee is payable to correct or amend an address recorded on the water register; and\n\n(b) in all other cases, the prescribed fee to correct or amend the water register is 8·71 fee units.\n\n(2) The Registrar may waive the fee referred to in subregulation (1)(b) if the application for the amendment or correction to the water register is made—\n\n(a) to correct an error made by the Registrar; or\n\n(b) as a result of reaching an agreement in respect of ownership of a water share under clause 17(2) of Schedule 15 to the Act.\n\n\t32 Waiver of Division 2 fees\n\nThe Registrar may waive a fee specified in this Division which is payable to the Registrar by a person if the Registrar is satisfied that there are circumstances justifying the waiver, including any hardship affecting the person liable to pay the fee.\n\nPt 3A (Heading and reg. 32A) inserted by S.R. No. 62/2024 reg. 8.\n\nPart 3A—Records and information not publicly available from the water register\n\nReg. 32A inserted by S.R. No. 62/2024 reg. 8.\n\n\t32A Records and information that are not publicly available from the water register\n\n(1) For the purposes of section 84X(2)(a) of the Act, the following records and information in the water register are prescribed not to be publicly available—\n\n(a) subject to subregulation (2), the name and address of a person who is authorised to take water under a water allocation for a water share, recorded under section 84I(h) of the Act;\n\n(b) subject to subregulation (2), the name and address of a person who is authorised to take water under a water allocation for a bulk entitlement, recorded under section 84T(b) of the Act;\n\n(c) subject to subregulation (2), the name and address of a person who is authorised to take water under a water allocation for an environmental entitlement, recorded under section 84U(a) of the Act;\n\n(d) in relation to a licence referred to in section 84VA of the Act that has been temporarily transferred under section 62 of the Act, the name and address of the person to whom the licence has been transferred, recorded under section 84VA(ab) of the Act;\n\n(e) the name and address of a holder of an approved interstate right, recorded under section 84VB(a) of the Act;\n\n(f) subject to subregulation (2), the name and address of a person who holds a right to take water under a water allocation that has been assigned under the Act, recorded under section 84VB(b) of the Act;\n\n(g) the amount of water that has been approved under a particular place of take approval to be taken from the approved place during each water season, recorded under section 84VC(1)(d) of the Act;\n\n(h) any information recorded under section 84VC(2) of the Act in relation to a particular place of take approval;\n\n(i) any information recorded under section 84VC(3) of the Act in relation to an external place of take approval;\n\n(j) any information recorded under section 84W(ba) of the Act in relation to a water system for which an Authority is responsible for delivering water;\n\n(k) any information recorded under section 84WA(1) of the Act in relation to an agreement to supply water entered into by a Rural Water Authority under section 124(7) of the Act.\n\n(2) Subregulation (1)(a), (b), (c) or (f) does not apply to the name of a person if the person gives or receives more than 20 relevant assignments in a water season.\n\n(3) In this regulation—\n\n***relevant assignment*** means an assignment of the whole or a part of a water allocation for water that may be taken in the Goulburn water system or Murray water system, whether or not the water could be taken from either of those systems immediately before the assignment;\n\n***Rural Water Authority*** has the same meaning as in section 4A of the **Water Industry Act 1994**.\n\nPart 4—Prescribed purpose for applications for licences under section 51(1) for taking and using water in declared water systems\n\n\t33 Prescribed purpose for applications for licences for taking and using water in declared water systems\n\n(1) For the purposes of section 51(lAA)(b) of the Act, a prescribed purpose is watering of cattle or other stock if—\n\n(a) the applicant occupies land abutting Crown land; and\n\n(b) the Crown land abuts a waterway; and\n\n(c) the applicant—\n\n(i) holds a relevant licence over the Crown land and the Crown land was fenced off on or after 30 September 2004 to exclude cattle or other stock access to the waterway; or\n\n(ii) previously held a relevant licence over the Crown land and that licence was cancelled, surrendered or not renewed in order to implement a recommendation of the Victorian Environmental Assessment Council, or was surrendered as part of an arrangement for the Crown land to be managed by a committee of management.\n\n(2) In this regulation—\n\n***relevant licence*** means—\n\n(a) a licence granted under section 130 of the **Land Act 1958** in respect of a water frontage that permits grazing or riparian management; or\n\n(b) a licence granted under section 138 of the **Land Act 1958** in respect of a water frontage that permits conservation management or riparian management;\n\n***water frontage*** has the same meaning as in section 3(1) of the **Land Act 1958**.\n\nPart 5—Prescribed persons to be occupiers for the purposes of water‑use registration\n\n\t34 Prescribed persons\n\nFor the purposes of the definition of ***occupier*** in section 64APAA of the Act, the following persons and classes of person are prescribed as occupiers in relation to that land—\n\n(a) the Water Holder;\n\n(b) an incorporated body responsible for supplying or delivering water to land owned or occupied by persons who are represented by the incorporated body;\n\n**Note**\n\nAn incorporated body includes the incorporated committee of a community water supply scheme established under section 244 of the Act.\n\n(c) a person responsible for undertaking road construction or maintenance activities on land that requires the use of water;\n\n(d) a person responsible for undertaking an activity that requires the use of water on land for dust suppression.\n\n**Note**\n\nSection 3(1) of the Act defines ***person*** as an individual or an incorporated body for the purposes of water-use registration.\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 (Resource Management) Regulations 2017, S.R. No. 123/2017 were made on 28 November 2017 by the Governor in Council under section 324 of the **Water Act 1989**, No. 80/1989 and came into operation on 29 November 2017: regulation 3.\n\nThe Water (Resource Management) Regulations 2017 will sunset 10 years after the day of making on 28 November 2027 (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 (Resource Management) Regulations 2017 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nWater (Resource Management) Amendment (Fees) Regulations 2023, S.R. No. 110/2023\n\n| *Date of Making:* | 24.10.23 |\n| --- | --- |\n| *Date of Commencement:* | 20.11.23: reg. 3 |\n\n\nWater (Resource Management) Amendment Regulations 2024, S.R. No. 62/2024\n\n| *Date of Making:* | 25.6.24 |\n| --- | --- |\n| *Date of Commencement:* | 1.7.24: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 75/2007 as amended by S.R. Nos 123/2009, 139/2010, 88/2012, 163/2013 and 69/2014 and extended in operation by S.R. No. 56/2017. [↑](#endnote-ref-2)\n\n2. Reg. 4(b): S.R. No. 123/2009. [↑](#endnote-ref-3)\n\n3. Reg. 4(c): S.R. No. 139/2010. [↑](#endnote-ref-4)\n\n4. Reg. 4(d): S.R. No. 88/2012. [↑](#endnote-ref-5)\n\n5. Reg. 4(e): S.R. No. 163/2013. [↑](#endnote-ref-6)\n\n6. Reg. 4(f): S.R. No. 69/2014.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\n  The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee 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 fee 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-7)","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has grown beyond its original fee-setting purpose. While it started as primarily a fee schedule for water share applications and register dealings, amendments have added: (1) privacy protections for water register information (Part 3A, added 2024), (2) expanded definitions of 'occupiers' for water-use registration (Part 5), and (3) specific licensing purposes for stock watering on Crown land (Part 4). The 2023 and 2024 amendments also introduced new application types for 'notional rationing rates' and 'external place of take approvals', reflecting evolving water management policy. The original scope was purely administrative/financial; it now includes substantive privacy and eligibility rules."},"complexity_factors":["Multiple defined terms in regulation 5 (11 definitions including complex 'group application' definitions with nested sub-paragraphs)","Cross-references to numerous sections of the Water Act 1989 (e.g., sections 33L, 33M, 33R, 33X, 33TB, 33Y, 33Z, 64FD, 64FP, 64FZK, 64FZT, 64FX, 64FY, 84J, 84K, 84L, 84M, 84P, 84I, 84T, 84U, 84VA, 84VB, 84VC, 84W, 84WA, 84ZA, 84ZB, 84ZK)","Fee calculation requires external reference to the Monetary Units Act 2004 and current fee unit values (currently $16.33 per unit)","Conditional fee structures based on method of lodgement (automated online process vs manual) and grouped applications","Exceptions to fees in regulation 23 and waiver provisions in regulations 28, 31, and 32","Recent amendments (2023 and 2024) have added new regulations (20A, 20B, 20C) and modified existing ones, creating some fragmentation in the numbering","Part 3A introduces privacy restrictions with threshold tests (e.g., 'more than 20 relevant assignments in a water season' triggers disclosure)"],"plain_english_summary":"This legislation sets out the fees and administrative rules for managing water rights in Victoria. It covers:\n\n**What it does:**\n- **Sets fees** for applications to the Minister about water shares (a type of water right), water allocations, and related dealings under the Water Act 1989\n- **Establishes fees** for lodging documents with the Victorian Water Register (the official record of water rights) and for searching or amending the register\n- **Lists which records are not publicly available** from the water register (such as personal details of people authorised to take water)\n- **Specifies who counts as an 'occupier'** for water-use registration purposes (including water holders, community water supply committees, and people doing road construction or dust suppression)\n- **Defines a special purpose** for obtaining licences to take water from declared water systems (specifically for watering stock on Crown land where fencing has been installed to protect waterways)\n\n**Who it affects:**\n- Farmers and landowners who hold water shares or need licences to take water\n- People buying, selling, or transferring water rights\n- Businesses and organisations dealing with the Water Register (such as mortgagees, legal representatives, and water authorities)\n- Anyone searching the water register or requesting certificates from it\n\n**Why it matters:**\nWater is a valuable and regulated resource in Australia. These regulations ensure there's a clear, consistent fee structure for managing water rights transactions and maintaining accurate records. The privacy provisions protect personal information while still allowing transparency for large-scale water traders. The stock-watering provision supports environmental protection by encouraging landholders to fence off waterways while still allowing them access to water for their animals."},"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulations retain their original core objective of prescribing fees, register processes, non‑public records, prescribed licence purposes and occupiers (reg 1). Amendments refined and extended scope: added online lodgement fee differences and new application categories (regs 13, 20C, 21, 22), introduced privacy exceptions and volume thresholds for register names (reg 32A), inserted new definitions (Goulburn and Murray water systems in reg 5) and created Part 3A (reg 32A) via S.R. No. 62/2024 and S.R. No. 110/2023. These are targeted changes to operation and coverage rather than a wholesale change of the instrument’s authorising purpose (reg 2)."},"complexity_factors":["Large number of discrete fee items tied to many different Act sections (regs 6–21, 24–27, 30–31) increases administrative detail.","Differentiated fees by lodgement method (automated lodgement vs other) create conditional fee calculations (regs 13, 20C, 21).","Group application definitions and consolidated fee rules add combinatorial complexity (reg 5 definitions; reg 22).","Multiple waiver discretions vested in the Registrar and conditional exceptions (regs 23, 28, 31(2), 32) introduce case‑by‑case uncertainty.","Privacy carve‑outs for specific register entries with volume‑based exceptions require data tracking (reg 32A(1)–(3)).","Extensive cross‑references to provisions of the Water Act 1989 and its Schedules require parallel statutory reading.","Recent amendments and inserted provisions (S.R. No. 110/2023; S.R. No. 62/2024) changed definitions and added Part 3A, so users must read consolidated text.","Fee calculation relies on fee units indexed annually under the Monetary Units Act and rounded to nearest 10 cents (endnotes)."],"plain_english_summary":"These Regulations set the fees and administrative rules for applications, recordings and searches connected to water shares, water allocations and water‑use licences under the Water Act 1989. They fix fee amounts (in indexed fee units), give lower fees for online (“automated lodgement”) filings and allow the Registrar or Minister to accept, waive or record dealings.\n\nThe instrument also prescribes which register records are not publicly available, defines certain occupiers for water‑use registration and specifies a prescribed purpose for some licences. Applicants and water holders pay the fees; the Minister and Registrar make and record decisions."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope changed from the original intent. The document contains only structural metadata with no substantive regulatory text to analyse."},"complexity_factors":["Virtually no substantive legislative content was provided — only metadata and version history shells","Cannot assess true regulatory complexity without the actual provisions","Water resource management legislation is inherently complex as a subject area, but that complexity cannot be evaluated here","Consolidated version status suggests amendments have been made, adding potential layers, but these are not visible"],"plain_english_summary":"The Water (Resource Management) Regulations 2017 are a statutory rule made in 2017 governing water resource management in Australia. The provided file is a consolidated, metadata-only version and contains no substantive provisions, so specific rules, obligations, or penalties cannot be confirmed from it.\n\nSuch regulations typically set how water is allocated, licensed, traded and managed for environmental outcomes, so they are likely to matter to farmers, irrigators, utilities, industry and local governments."}},"importantCases":[],"_links":{"self":"/api/acts/water-resource-management-regulations-2017","history":"/api/acts/water-resource-management-regulations-2017/history","analysis":"/api/acts/water-resource-management-regulations-2017/analysis","conflicts":"/api/acts/water-resource-management-regulations-2017/conflicts","importantCases":"/api/acts/water-resource-management-regulations-2017/important-cases","documents":"/api/acts/water-resource-management-regulations-2017/documents"}}