122MWaterway management district of Melbourne Water Corporation

122M Waterway management district of Melbourne Water Corporation The waterway management district of Melbourne Water Corporation is the land shown delineated in red on the plan lodged in the Central Plan Office and numbered LEGL./05-406. Pt 6A Div. 1A (Heading and ss 122IA–122IC) inserted by No. 17/2012 s. 16, repealed by No. 23/2019 s. 51. Pt 6A Div. 2 (Heading and ss 122J, 122K) inserted by No. 85/2006 s. 54, repealed by No. 23/2019 s. 51. Pt 6A Div. 3 (Heading and ss 122L–122W) inserted by No. 85/2006 s. 54, amended by No. 17/2012 ss 17, 18, repealed by No. 23/2019 s. 51. Pt 6A Div. 4 (Heading and ss 122X–122Z) inserted by No. 85/2006 s. 54, amended by No. 17/2012 s 19, repealed by No. 23/2019 s. 51. Division 5—Environmental and recreational areas S. 122ZA inserted by No. 85/2006 s. 54. 122ZA Environmental and recreational areas (1) The Minister may determine land— (a) which is owned or controlled by an Authority; or S. 122ZA(1)(b) amended by No. 23/2019 s. 52. (b) which is within the water supply district, sewerage district, waterway management district or irrigation district of an Authority, or which is significant to the exercise of a function of an Authority and which is owned or controlled by another public statutory body or which is Crown land— to be an environmental area or a recreational area under the management and control of the Authority specified by the Minister and for the period specified by the Minister in the determination. (2) The Minister must not make a determination under subsection (1)(b) unless the Minister has first obtained the consent of the public statutory body or the Minister responsible for the management of the land (as the case requires) to the making of that determination. S. 122ZB inserted by No. 85/2006 s. 54. 122ZB Functions of Authority in area (1) An Authority that has the management and control of any environmental or recreational area has the following functions— (a) in accordance with the directions of the Minister, to prepare a management strategy as to recreational uses for the area; (b) to improve the area; (c) to provide and arrange services and facilities in the area; (d) to control land use in the area. (2) Subject to any determination under section 122ZA establishing an area, an Authority is under no duty to exercise its functions under subsection (1). S. 122ZC inserted by No. 85/2006 s. 54. 122ZC Contributions by public authorities Despite anything in any other Act, if an environmental area or a recreational area is determined under section 122ZA, any public statutory body may make contributions out of any money legally available to that body, for or towards the cost of improving the area or providing or maintaining services in it. S. 122ZD inserted by No. 85/2006 s. 54. 122ZD Revenue from land Any revenue collected in relation to any environmental or recreational area forms part of the fund of the Authority that has the management and control of the area. S. 122ZE inserted by No. 85/2006 s. 54. 122ZE Limitation of exercise of powers under this Division (1) An Authority must not exercise its functions or powers under this Division in a manner which is inconsistent with any provision of an Order granting a declared bulk water entitlement and any purported exercise of a function or power in such a manner is, to the extent to which it is so inconsistent, of no effect. (2) In subsection (1)— ***declared bulk water entitlement*** means a bulk water entitlement in respect of which a declaration under section 185(3) has been made. S. 122ZF inserted by No. 85/2006 s. 54, repealed by No. 23/2019 s. 53. Pt 6B (Heading and ss 122ZG–122ZJ) inserted by No. 85/2006 s. 54. Part 6B—Duties of water corporations Division 1—Customer dispute resolution S. 122ZG inserted by No. 85/2006 s. 54. 122ZG Customer dispute resolution (1) A water corporation must, on or before a date determined by the Minister administering the **Essential Services Commission Act 2001**, enter into a customer dispute resolution scheme approved by the Essential Services Commission established under the **Essential Services Commission Act 2001**. (2) A dispute resolution scheme provided for in accordance with this section is in addition to and not in derogation of any right of review a person may have under this Act. (3) In approving a dispute resolution scheme the Essential Services Commission must have regard to— (a) the need to ensure that the scheme is accessible to, and that there are no cost barriers to persons using the scheme; and (b) the need to ensure that the scheme is independent of the members of the scheme; and (c) the need for the scheme to be fair and be seen to be fair; and (d) the need to ensure that the scheme will publish decisions and information about complaints received by the scheme so as to be accountable to the members of the scheme and the persons using the scheme; and (e) the need for the scheme to undertake regular reviews of its performance to ensure that its operation is efficient and effective. S. 122ZG(4) amended by No. 23/2019 s. 54. (4) This section only applies to a water corporation that has a water supply district, a sewerage district or an irrigation district. Division 2—Dividends S. 122ZH inserted by No. 85/2006 s. 54. 122ZH Dividends Each water corporation must pay to the State such dividend, at such time and in such manner, as is determined by the Treasurer after consultation with the board of directors of the water corporation and the Minister. Division 3—Repayment of capital S. 122ZI inserted by No. 85/2006 s. 54. 122ZI Repayment of capital (1) The capital of a water corporation is repayable to the State at such times, and in such amounts, as the Treasurer directs in writing, after consultation with the Minister and the board of directors of the water corporation. (2) In giving a direction under this section, the Treasurer must have regard to any advice that the board of directors has given to the Treasurer in relation to the water corporation's affairs. Division 4—Annual report S. 122ZJ inserted by No. 85/2006 s. 54. 122ZJ Information to be included in annual report (1) A water corporation, in its annual report for a financial year under Part 7 of the **Financial Management Act 1994**, must include the following information— (a) in relation to each person, who is not a natural person, who uses water supplied by the water corporation for purposes that are not farming, irrigation or domestic purposes, at a volume that is within a specified range— (i) the name of the person; and (ii) the information (if any) as to the person's participation in any water conservation program; and (b) in relation to each specified range, the number of persons to whom paragraph (a) applies who are within the range. (2) For the purposes of this section the Minister may specify one or more range or ranges of volumes. (3) In this section ***specified range*** means a range of volumes specified by the Minister under subsection (2). Pt 6C (Heading and ss 122ZK–122ZN) inserted by No. 85/2006 s. 54. Part 6C—Storage managers S. 122ZK inserted by No. 85/2006 s. 54. 122ZK Appointment of storage managers (1) The Minister may, by instrument, appoint an Authority to carry out any of the functions under this Part in relation to any water storage or land specified in the instrument. (2) In an instrument under subsection (1) the Minister— (a) must describe the land, including any water storage, in respect of which the storage manager is to exercise functions under this Part; and (b) may specify terms and conditions to which the appointment is subject; and (c) must specify the term of the appointment. (3) Before making an appointment of an Authority under subsection (1), the Minister must consult with— (a) any other Authority that is exercising any function to which the appointment would apply on the land to be specified in the instrument of appointment; and (b) any other Authority that owns any land that is to be specified in the instrument of appointment or works on that land. S. 122ZL inserted by No. 85/2006 s. 54. 122ZL Functions of storage managers (1) The functions of a storage manager appointed under this Part in respect of the land to which the appointment relates are— (a) to control and manage any water storage on the land specified in the instrument of appointment and any water or works on the land so specified, in a manner that is consistent with this Act and that will maintain the water quality of any water storage on the land; (b) to carry out any other functions that are conferred on the storage manager by or under this Act or any instrument made under this Act. (2) An Authority, in performing its functions under subsection (1) must have regard to— (a) protecting the ecological values of the water systems relating to the land specified in the instrument of appointment; and (b) protecting the reliability and quality of water supply; and (c) subject to water supply needs, minimizing the impact on the environment of the carrying out of any such function and maximizing the benefit to the environment of the carrying out of any such function; and (d) developing and implementing strategies to mitigate flooding, where possible. S. 122ZM inserted by No. 85/2006 s. 54. 122ZM Management agreements for water storages (1) If an Authority that has been appointed as the storage manager of any land under this Part, does not hold a proprietary interest in the whole or part of the land described in the instrument appointing the storage manager, the Authority must enter into an agreement with the owner of the land as to the management of the land. (2) An agreement under subsection (1)— (a) must be in writing; and (b) must be consistent with this Act; and (c) may be amended from time to time by further written agreement between the parties. (3) An agreement under subsection (1) must set out procedures to be followed to prevent or settle disputes concerning the management of the land specified in the instrument of appointment of the Authority that arise between the parties during the currency of the agreement, including the submission of any unresolved disputes to the Minister for a decision that is binding on the parties. S. 122ZN inserted by No. 85/2006 s. 54. 122ZN Powers for storage managers to charge fees A storage manager appointed under this Part may charge a fee for a service provided by the storage manager to another Authority in carrying out its functions under this Act.