33DOffence to interfere etc. with State observation bore

33D Offence to interfere etc. with State observation bore (1) A person must not, without the consent of the Minister, destroy, damage, remove, alter or in any way interfere with any State observation bore. Note to s. 33D(1) inserted by No. 48/2021 s. 71. (2) A person who is guilty of an offence under subsection (1) that is of a continuing nature is liable, in addition to the penalty set out at the foot of that subsection, to a further penalty of not more than 5 penalty units for each day during which the offence continues— Pt 3AA (Heading and ss 33DA–33DZA) inserted by No. 50/2010 s. 4. Part 3AA—Victorian Environmental Water Holder Division 1—Establishment of the Water Holder S. 33DA inserted by No. 50/2010 s. 4. 33DA Definitions ***acting Commissioner*** means a person appointed to act as a Commissioner under section 33DI; ***Chairperson*** means the Commissioner appointed as the Chairperson of the Water Holder under section 33DF(1)(a); ***Commissioner*** means a person appointed as a Commissioner under section 33DF(1); ***corporate plan*** means a plan made under section 33DV or varied under section 33DW; ***Deputy Chairperson*** means the Commissioner appointed as the Deputy Chairperson of the Water Holder under section 33DF(1)(b); ***public entity*** has the same meaning as in the **Public Administration Act 2004**; ***seasonal watering plan*** means a plan made under section 33DX; ***seasonal watering statement*** means a statement issued under section 33DY. (2) A reference in sections 33DF(4), 33DJ, 33DK and 33DL to a Commissioner includes a reference to an acting Commissioner. S. 33DB inserted by No. 50/2010 s. 4. 33DB Victorian Environmental Water Holder (1) There is established a body corporate called the Victorian Environmental Water Holder. (2) The Water Holder— (a) has perpetual succession; and (b) has an official seal; and (c) may sue or be sued in its corporate name; and (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the Water Holder's official seal affixed to a document and, until the contrary is proved, must presume the seal was duly affixed. (4) The official seal of the Water Holder must be kept in the custody that is directed by the Water Holder and must not be used except as authorised by the Water Holder. Division 2—Objectives, functions and powers of the Water Holder S. 33DC inserted by No. 50/2010 s. 4. 33DC Objectives of the Water Holder The objectives of the Water Holder are to manage the Water Holdings for the purposes of— (a) maintaining the environmental water reserve in accordance with the environmental water reserve objective; and (b) improving the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and water quality, and other uses that depend on environmental condition. S. 33DD inserted by No. 50/2010 s. 4, amended by No. 23/2019 s. 24 (ILA s. 39B(1)). 33DD Functions of the Water Holder (1) The functions of the Water Holder are to do the following in accordance with the objectives of the Water Holder— (a) apply and use water in the Water Holdings and otherwise exercise rights in the Water Holdings in accordance with this Act; (b) acquire and purchase rights and entitlements for the Water Holdings and dispose of and otherwise deal in rights and entitlements in the Water Holdings in accordance with this Act; (c) plan for the purposes of paragraphs (a) and (b); (d) enter into any agreements for the purposes of paragraphs (a) and (b); (e) enter into any agreements for the purposes of the co-ordination of the exercise of rights under any water right or entitlement held by another person, including the Commonwealth Environmental Water Holder; (f) enter into any agreements with any person for the provision of works by that person to enable the efficient application or use of water in the Water Holdings. S. 33DD(2) inserted by No. 23/2019 s. 24. (2) In performing its functions, the Water Holder must consider opportunities to provide for the following, consistently with its objectives and the requirements of this Act or any other Act— (a) Aboriginal cultural values and uses of waterways; (b) the social and recreational uses and values of waterways. S. 33DE inserted by No. 50/2010 s. 4. 33DE Powers of the Water Holder The Water Holder has the power to do all things necessary or convenient to be done for, or in connection with, or incidental to, the performance of its functions, powers and duties. Division 3—Governance of the Water Holder S. 33DF inserted by No. 50/2010 s. 4. 33DF Constitution of the Water Holder (1) The Water Holder consists of— (a) one full-time or part-time Commissioner who is the Chairperson of the Water Holder; and (b) at least two full-time or part-time Commissioners, one of whom is the Deputy Chairperson of the Water Holder; and (c) any further full-time or part-time Commissioners— appointed by the Governor in Council on the recommendation of the environment Minister. (2) The environment Minister must not recommend a person for appointment under subsection (1) unless that person has knowledge of, or experience in, one or more of the following fields— (a) environmental management; (b) sustainable water management; (c) economics; (d) public administration. (3) In addition to the requirement set out in subsection (2), the environment Minister must not recommend a person for appointment under subsection (1)(c) unless the environment Minister considers the appointment necessary to enable the Water Holder to perform its functions. (4) An act or decision of the Water Holder is not invalid merely because of a defect or irregularity in the appointment of a Commissioner. S. 33DG inserted by No. 50/2010 s. 4. 33DG Terms and conditions of appointment (1) A Commissioner is appointed for the period, not exceeding 5 years, that is specified in his or her instrument of appointment. (2) A Commissioner is subject to the terms and conditions specified in his or her instrument of appointment. (3) A Commissioner is eligible for reappointment. S. 33DH inserted by No. 50/2010 s. 4. 33DH Removal of Commissioners (1) The Governor in Council, on the recommendation of the environment Minister, may remove a Commissioner from office if the Commissioner has— (a) refused, neglected or failed to carry out the duties of his or her office; or (b) demonstrated inefficiency or misbehaviour in carrying out the duties of his or her office; or (c) become an insolvent under administration; or (d) not complied with any relevant rules made under Division 6; or (e) been found guilty of an indictable offence. (2) If a Commissioner is removed from office under subsection (1), the environment Minister must cause the reasons for that removal to be laid before each House of Parliament within 5 sitting days of that House after that removal. S. 33DI inserted by No. 50/2010 s. 4. 33DI Acting Commissioners (1) The Governor in Council, on the recommendation of the environment Minister, may appoint a person to act as a Commissioner— (a) during a vacancy in the office of a Commissioner; or (b) for a period during which a Commissioner is unable to perform the functions of his or her office. (2) An acting Commissioner is appointed for the period, not exceeding 6 months, specified in his or her instrument of appointment. (3) An acting Commissioner is subject to the terms and conditions specified in his or her instrument of appointment. (4) An acting Commissioner is eligible for reappointment. (5) The Governor in Council, on the recommendation of the environment Minister, may remove an acting Commissioner from office at any time. S. 33DJ inserted by No. 50/2010 s. 4. 33DJ Declaration of pecuniary interests (1) If a Commissioner has a direct or indirect pecuniary interest in a matter which he or she is considering or is about to consider in the course of performing his or her duties, the Commissioner must as soon as practicable after the Commissioner has become aware of the relevant facts declare the nature of that interest to the other Commissioners. (2) Subsection (1) does not apply if the interest is as a result of the supply of goods or services that are available to members of the public on the same terms and conditions. (3) If a Commissioner has made a declaration under this section, the Commissioner must not take any further part in any decision in relation to the matter, unless the environment Minister directs otherwise. (4) An act or decision of the Water Holder is not invalid merely because of a failure to comply with this section. S. 33DK inserted by No. 50/2010 s. 4. 33DK Payment of Commissioners A Commissioner is entitled to be paid any remuneration and any travelling and other allowances that are fixed by the Governor in Council from time to time. S. 33DL inserted by No. 50/2010 s. 4. 33DL Meetings of the Water Holder (1) The Chairperson may convene as many meetings of the Water Holder as the Chairperson considers necessary. (2) The Chairperson must preside at a meeting at which the Chairperson is present. (3) If the Chairperson is absent, the Deputy Chairperson must preside at the meeting. (4) If the Chairperson and Deputy Chairperson are absent, the Commissioners present must appoint a Commissioner to preside at the meeting. (5) The quorum for a meeting is a majority of the Commissioners appointed for the time being. (6) A question arising at a meeting is determined by a majority of the votes of the Commissioners present and voting on the question. (7) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote. (8) Subject to this Act, the Water Holder may regulate its own proceedings. S. 33DM inserted by No. 50/2010 s. 4. 33DM Staff (1) The Water Holder may employ any staff that are necessary for the Water Holder to perform its functions, powers or duties under this Act under Part 3 of the **Public Administration Act 2004**. (2) The Water Holder may enter into agreements or arrangements for the use of the services of any staff employed under Part 3 of the **Public Administration Act 2004** or by an Authority or other public entity. S. 33DN inserted by No. 50/2010 s. 4. 33DN Consultants The Water Holder may engage persons with suitable qualifications and experience as consultants on any terms and conditions the Water Holder considers appropriate. S. 33DO inserted by No. 50/2010 s. 4. 33DO Water Holder Trust Account (1) There is established in the Trust Fund an account known as the "Water Holder Trust Account". (2) There may be paid into the Water Holder Trust Account the following— (a) money donated to the Water Holder; (b) money paid to the Water Holder by another person, including the Commonwealth Environmental Water Holder, pursuant to an agreement with that person; (c) any other money received by, or on behalf of, the Water Holder in the performance of its functions, powers and duties. (3) There must not be paid out of the Water Holder Trust Account any money except for— (a) the purpose of meeting the objectives of the Water Holder; or The objectives of the Water Holder are set out in section 33DC. (b) if the money was received by way of donation, a purpose that is consistent with the purpose for which the money was donated. S. 33DP inserted by No. 50/2010 s. 4. 33DP Delegation The Water Holder may delegate any of its functions, powers or duties, except this power of delegation or a prescribed function, power or duty, to— (a) a member of staff employed under section 33DM; or (b) a Commissioner; or (c) an Authority that has a waterway management district; or (d) any other person, or class of persons, approved by the environment Minister. S. 33DQ inserted by No. 50/2010 s. 4. 33DQ Application of Public Administration Act 2004 The **Public Administration Act 2004** applies to the Water Holder as if the Water Holder were a public entity, but not a small entity, within the meaning of that Act. S. 33DR inserted by No. 50/2010 s. 4. 33DR Application of Financial Management Act 1994 The **Financial Management Act 1994** applies to the Water Holder as if the Water Holder were a public body within the meaning of that Act. Division 4—Accountability of the Water Holder S. 33DS inserted by No. 50/2010 s. 4. 33DS Ministerial directions (1) The environment Minister may give a written direction to the Water Holder in relation to the performance of its functions, powers or duties. (2) A direction given under subsection (1) must not include a direction relating to— (a) a particular application or use of water in the Water Holdings or other exercise of rights in the Water Holdings; or (b) a particular acquisition or purchase of a right or entitlement for the Water Holdings or a particular disposal of or other dealing in a right or entitlement in the Water Holdings— other than to ensure consistency with a corporate plan or with any relevant rules made under Division 6. (3) The environment Minister must notify the Water Holder in writing of his or her intention to give a direction under subsection (1) at least 14 days before giving that direction. (4) As soon as practicable after giving a direction under subsection (1), the environment Minister must publish in the Government Gazette notice of the direction, including a statement or summary of the contents of the direction. (5) The Water Holder is required to include a statement or summary of the contents of any direction received under subsection (1) in its annual report. S. 33DT inserted by No. 50/2010 s. 4. 33DT Reporting requirements The Water Holder must include in its annual report information as to the performance of its functions, powers and duties in that year in accordance with any relevant rules made under Division 6. S. 33DU inserted by No. 50/2010 s. 4. 33DU Recording requirements The Water Holder must keep and maintain records to accurately account for the performance of its functions under section 33DD(a) and (b) in accordance with any relevant rules made under Division 6. Division 5—Planning by the Water Holder S. 33DV inserted by No. 50/2010 s. 4. 33DV Preparation of corporate plan S. 33DV(1) substituted by No. 14/2025 s. 60. (1) The Water Holder must prepare a corporate plan for each financial year and submit it to the environment Minister— (a) at least 2 months before the start of each financial year; or (b) if the environment Minister has specified a later date (being before the end of the financial year to which the plan relates), on or before that date. (2) A corporate plan must include the following information in respect of the financial year to which the plan relates and in respect of each of the 3 subsequent financial years— (a) the strategies and policies the Water Holder will carry out to achieve its objectives, and perform its functions; (b) governance, funding and reporting arrangements the Water Holder expects to undertake for those strategies and policies; (c) performance indicators the Water Holder intends to apply to the performance of its functions; (d) any other information required to be included by any relevant rules made under Division 6. (3) In preparing a corporate plan, the Water Holder must— (a) comply with any procedural or consultative requirements under any relevant rules made under Division 6; and (b) have regard to any matters required under any relevant rules made under Division 6. (4) The environment Minister may direct the Water Holder in writing, within 2 months after a corporate plan is submitted under subsection (1), to vary the plan as the environment Minister thinks fit. (5) The environment Minister must publish in the Government Gazette a direction given under subsection (4). (6) The Water Holder must make a corporate plan publicly available at the office of the Water Holder or on its website. S. 33DW inserted by No. 50/2010 s. 4. 33DW Variation of corporate plan during operation of plan S. 33DW(1) amended by No. 14/2025 s. 61(1). (1) A corporate plan may be varied after the start of the financial year to which the plan relates or after the end of the initial variation period (as the case requires)— (a) at the direction of the environment Minister; or (b) on the motion of the Water Holder. (2) The environment Minister must publish in the Government Gazette a direction given under subsection (1)(a). (3) Before varying a corporate plan under subsection (1)(b), the Water Holder must submit the proposed variation to the environment Minister. (4) The environment Minister may agree to the proposed variation. (5) If the Minister does not agree to the proposed variation, the environment Minister must so notify the Water Holder within 30 days of a submission being made under subsection (3). S. 33DW(6) inserted by No. 14/2025 s. 61(2). ***initial variation period***, in the case of a corporate plan submitted under section 33DV(1)(b), means the 2 month period after the corporate plan is submitted under that section. S. 33DX inserted by No. 50/2010 s. 4. 33DX Seasonal watering plans (1) The Water Holder must make a seasonal watering plan for the whole of the State for each water season. (2) For the purposes of subsection (1), the Water Holder may make seasonal watering plans for different parts of the State. (3) A seasonal watering plan must include the following information in respect of the water season to which the plan relates and in respect of the part of the State to which the plan relates, if the plan is made for a part of the State— (a) a forecast of climatic conditions; and (b) priorities for the performance of its functions under section 33DD(a) and (b); and (c) any other information required to be included by any relevant rules made under Division 6. (4) A seasonal watering plan may be varied by the Water Holder at any time. (5) Before making or varying a seasonal watering plan, the Water Holder must— (a) take into consideration any relevant seasonal proposals prepared by an Authority that has a waterway management district under section 192A; and (b) ensure the plan is consistent with any requirements set out in a bulk entitlement or an environmental entitlement held by the Water Holder; and (c) comply with any procedural or consultative requirements under any relevant rules made under Division 6; and (d) have regard to any matters required under any relevant rules made under Division 6. (6) The Water Holder must make a seasonal watering plan publicly available at the office of the Water Holder or on its website. S. 33DY inserted by No. 50/2010 s. 4. 33DY Seasonal watering statements (1) The Water Holder may issue a seasonal watering statement for any part of the State in respect of the whole or a part of a water season. (2) A seasonal watering statement may authorise an Authority that has a waterway management district to apply or use water in the Water Holdings or otherwise exercise rights in the Water Holdings within the waterway management district of the Authority on behalf of the Water Holder. (3) A seasonal watering statement must include, in respect of the part of the State and the water season to which the statement relates— (a) the Authority that may apply or use water in the Water Holdings or otherwise exercise rights in the Water Holdings on behalf of the Water Holder; and (b) in respect of water that is to be applied or used, the rights that are to be exercised under the rights or entitlements in the Water Holdings and any other rights in the Water Holdings that are to be exercised; and (c) the purpose for which, the amounts of which and the circumstances in which water under rights and entitlements referred to in paragraph (b) is to be applied or used; and (d) any other information required to be included by any relevant rules made under Division 6. (4) A seasonal watering statement may be made at any time during the water season to which the statement relates. (5) A seasonal watering statement must be consistent with a seasonal watering plan for the same water season to which the statement relates. (6) Before making a seasonal watering statement the Water Holder must— (a) ensure the statement is consistent with any requirements set out in a bulk entitlement or an environmental entitlement held by the Water Holder; and (b) comply with any procedural or consultative requirements under any relevant rules made under Division 6; and (c) have regard to any matters required under any relevant rules made under Division 6. (7) In the event of any inconsistency between seasonal watering statements, the most recent statement is to prevail to the extent of that inconsistency. (8) The Water Holder must make a seasonal watering statement publicly available at the office of the Water Holder or on its website. S. 33DZ inserted by No. 50/2010 s. 4. 33DZ Water Holder may request information relating to water season The Water Holder, by giving written notice to an Authority that has a waterway management district, may require the Authority to give the Water Holder any information relating to the application or use of water in the Water Holdings or other exercise of rights in the Water Holdings within the waterway management district of the Authority in accordance with a seasonal watering statement. Division 6—Ministerial rules relating to Water Holder S. 33DZA inserted by No. 50/2010 s. 4 (as amended by No. 29/2011 s. 3(Sch. 1 item 107)). 33DZA Ministerial rules relating to Water Holder (1) The environment Minister, by Order published in the Government Gazette, may make rules in relation to— (a) information for the purposes of reporting requirements under section 33DT; (b) information for the purposes of recording requirements under section 33DU; (c) procedural and consultative requirements relating to the preparation of corporate plans, seasonal watering plans and seasonal watering statements; (d) matters that the Water Holder must have regard to when preparing corporate plans, seasonal watering plans and seasonal watering statements; (e) information that must be included in corporate plans, seasonal watering plans and seasonal watering statements; (f) consultative requirements to be undertaken by the Water Holder with communities and stakeholders; (g) requirements as to the reporting by the Water Holder to the environment Minister in relation to the performance of its functions, powers and duties; (h) information that must be made publicly available by the Water Holder relating to the performance of its functions, powers or duties or by Authorities that have waterway management districts relating to the application or use of water in the Water Holdings in the waterway management districts of those Authorities, being information that will not disclose the identity of any other person; (i) the acquisition, purchase and disposal of, and other dealing in, rights and entitlements in the Water Holdings in accordance with this Act; (j) requirements as to how the Water Holder is to make decisions as to the priority of addressing seasonal watering proposals prepared under section 192A by Authorities that have waterway management districts. (2) An Order published under subsection (1) must include the place at which a copy of the rules may be inspected. (3) The environment Minister must not make any rules in relation to any matter for which the environment Minister may not give a written direction under section 33DS. (4) The environment Minister must not make, amend or vary any rules unless the environment Minister has given the Water Holder and Authorities that have waterway management districts notice in writing of the proposed rule, amendment or variation, and has considered any written submission made by the Water Holder or an Authority that has a waterway management district in response to that notice. (5) The Water Holder and Authorities that have waterway management districts must comply with any relevant rules made under this section. Pt 3A (Heading and ss 33E–33AZ) inserted by No. 99/2005 s. 41.