33ZConsolidation of water shares

33Z Consolidation of water shares (1) The Minister may, on the application of an owner of two or more water shares, consolidate those water shares either— (a) by cancelling the water shares and issuing one water share in respect of the maximum volumes of both shares; or (b) by cancelling one or more of the water shares and adding the maximum volumes of the cancelled water shares to the maximum volume of one or more of the other water shares. (2) The Minister must not consolidate water shares under subsection (1) unless— (a) the persons who own each of the shares are the same; and (b) each of the shares is owned in the same proportions and the same manner. (3) In consolidating a water share under subsection (1), the Minister— (a) must not cancel a water share if there is a recorded mortgage or limited term transfer over the water share; and S. 33Z(3)(b) repealed by No. 85/2006 s. 14. (c) must not do so unless each of the shares specifies the same water system and the same class of reliability; and (d) must consider any relevant rules made under Division 13. (4) On the consolidation of water shares under subsection (1), if the rules made under Division 13 so provide— (a) any recorded mortgage; or (b) any limited term transfer— over a water share to which maximum volume has been added is deemed to apply to the whole of the share (including that part to which the volume has been added). Division 6—Surrender and cancellation of water shares S. 33AA inserted by No. 99/2005 s. 41. 33AA Surrender of water share (1) The owner of a water share may apply to the Minister to surrender the water share to the Crown. (2) On receiving an application under this section, the Minister may authorise the applicant to surrender the water share to the Crown. (3) The Minister may refund to a person who has surrendered a water share under this section, the whole or that part of a fee paid under Division 9 that relates to any period of time occurring after the surrender of the water share. S. 33AB inserted by No. 99/2005 s. 41. 33AB Cancellation where interstate rights are obtained (1) A person who is or persons who are the owners of a water share may, in accordance with the agreement entered into under Division 8, apply to the Minister for the water share to be cancelled, on the issuing of the equivalent right in the other State or Territory. S. 33AB(2) repealed by No. 54/2009 s. 7. (3) The Minister, in cancelling a water share under this section must consider— (b) the provisions of the agreement. S. 33ABA inserted by No. 85/2006 s. 15. 33ABA Cancellation where rights outside declared water system are obtained (1) A person who is the owner of a water share may apply to the Minister for the water share to be cancelled on the issuing of a right in a non-declared water system. (2) The Minister, in cancelling a water share under this section must consider any relevant rules under Division 13. Division 7—Water allocations S. 33AC inserted by No. 99/2005 s. 41. 33AC Water allocations (1) In the case of a declared water system for which a seasonal determination has been made for a water season, the Minister must, from time to time during the water season, determine, for each water share for which that system is the associated system, amounts of water that are to be allocated to that share from the water determined to be available for allocation to water shares in the seasonal determination. S. 33AC(2) amended by No. 32/2010 s. 14. (2) In the case of a declared water system for which an Authority has not been appointed under section 64GA to make seasonal determinations, the water allocation that may be taken in a water season for each water share for which that system is the associated water system, is to be the maximum volume determined by the Minister under section 33G(b) for that share. S. 33AD inserted by No. 99/2005 s. 41, substituted by No. 32/2010 s. 15. 33AD Declaration for taking of water allocation under water share in subsequent water season (1) The Minister may make a declaration in respect of water shares, authorising the taking of water that is entitled to be taken under any water allocation for the water shares in a subsequent water season. (a) water shares in a water system or part of a water system; or (b) a class or classes of water shares in a water system or part of a water system. (3) Any taking of water under a declaration under subsection (1) is subject to any terms and conditions specified by the Minister in the declaration. (4) The Minister must cause notice of the making of a declaration under subsection (1) to be published— (5) A declaration under subsection (1) has effect on the publication of notice of the making of the declaration in the Government Gazette. Division 8—Intrastate and interstate agreements and approvals S. 33AE inserted by No. 99/2005 s. 41. 33AE Interstate agreement as to dealings in water rights The Minister may enter into an agreement with a Minister of any other State or a Territory of the Commonwealth— (a) for the conversion of water shares or equivalent rights in one State or Territory into water shares or equivalent rights in another State or Territory; and (b) for the recognition of rights in one State or Territory in another State or Territory; and (c) for the assignment of water allocations from one State or Territory to another State or Territory. S. 33AF inserted by No. 99/2005 s. 41, amended by No. 48/2021 s. 15. 33AF Offence to take interstate water without approval of Minister A person must not take water from a declared water system in Victoria under a right to take water in another State or a Territory of the Commonwealth unless that person has first obtained the approval of the Minister to do so under this Division. S. 33AG inserted by No. 99/2005 s. 41. 33AG Approval of Minister to taking of interstate water S. 33AG(1) amended by No. 48/2021 s. 16(1). (1) For the purposes of section 33AF the Minister, on application under subsection (1A), may approve a taking of water from a declared water system by the applicant subject to any conditions that the Minister thinks fit. Note to s. 33AG(1) inserted by No. 48/2021 s. 39A (as amended by No. 10/2023 s. 18). Approvals under Part 4AA are also required before water can be taken under an approval under subsection (1). S. 33AG(1A) inserted by No. 48/2021 s. 16(2). (1A) The holder of an equivalent interstate right may apply for approval under subsection (1) to take water under that right from a declared water system. (2) In giving an approval under subsection (1) the Minister must consider— (b) the provisions of any agreement under this Division; and (c) the effect of the giving of the approval on the usage of water; and S. 33AG(2)(d) repealed by No. 48/2021 s. 16(3). (e) any other matter the Minister considers relevant. S. 33AG(3) inserted by No. 48/2021 s. 16(4). (3) An equivalent interstate right that is the equivalent of a water share and that is approved under subsection (1), on approval is taken to be a water share, for the purposes of taking water under water allocations under the water share. S. 33AG(4) inserted by No. 48/2021 s. 16(4). (4) An equivalent interstate right that is the equivalent of a water allocation and that is approved under subsection (1), on approval is taken to be a water allocation issued under a water share. S. 33AH inserted by No. 99/2005 s. 41, repealed by No. 48/2021 s. 40. S. 33AI inserted by No. 99/2005 s. 41, repealed by No. 48/2021 s. 41. Division 9—Fees for provision of services to owners of water shares S. 33AJ inserted by No. 99/2005 s. 41. 33AJ Service provision fees S. 33AJ(1) substituted by No. 85/2006 s. 16. (1) Each Authority that provides services to the owners of water shares, that are services provided in relation to the water shares may make a determination for or with respect to fees to be paid by the owner of the water share for the provision of those services including but not limited to— (a) obligations as to the payment of any such fees; and (b) the amount of any such fees. (2) The Authority may make a determination under subsection (1) at any time while any such water shares are in force. (3) An Authority that has made a determination under subsection (1) may do any of the following— (a) amend or revoke the determination; (b) impose conditions on the determination (either as to the manner of payment of fees or any other matter). S. 33AK inserted by No. 99/2005 s. 41. 33AK Fee to be a charge over water share Where a person is liable to pay a fee determined by an Authority under this Division to the Authority in respect of a water share owned by that person, the amount due is a charge on the water share, (whether or not the Authority has agreed to defer the whole or a part of the payment of the amount) that ranks before any mortgage over the water share. Pt 3A Div. 10 (Heading and ss 33AL–33AQ) inserted by No. 99/2005 s. 41, amended by Nos 85/2006 ss 17–19, 54/2009 ss 8–12, 32/2010 s. 16, repealed by No. 48/2021 s. 42. Division 12—Miscellaneous matters as to water shares S. 33AV (Heading) substituted by No. 32/2010 s. 17(1). S. 33AV inserted by No. 99/2005 s. 41, substituted by No. 85/2006 s. 20. 33AV Effect of death of owner or holder of certain other interests (1) On the death of a person who is the sole owner of a water share, the share forms part of the estate of that person. (2) On the death of a person who owns a water share as a joint tenant with other persons, the remaining owners of the water share become the joint owners of the share. (3) On the death of a person who owns a water share as a tenant in common with other persons, that person's portion of the water share becomes part of the estate of that person. (4) On the death of a person who is the sole holder of a limited term transfer, the transfer forms part of the estate of that person. (5) On the death of a person who holds a limited term transfer as a joint tenant with other persons, the remaining holders of the limited term transfer become the joint holders of the transfer. (6) On the death of a person who holds a limited term transfer as a tenant in common with other persons, that person's portion of the limited term transfer becomes part of the estate of that person. S. 33AV(7) inserted by No. 32/2010 s. 17(2). (7) On the death of a person who holds a mortgage over a water share, the mortgage forms part of the estate of that person. S. 33AV(8) inserted by No. 32/2010 s. 17(2). (8) On the death of a person who holds a mortgage over a water share as a joint tenant with other persons, the remaining holders of the mortgage become the joint holders of the mortgage. S. 33AV(9) inserted by No. 32/2010 s. 17(2). (9) On the death of a person who holds a mortgage over a water share as tenant in common with other persons, that person's portion of the mortgage becomes part of the estate of that person. S. 33AVA inserted by No. 28/2014 s. 10. 33AVA Effect of death of person who holds a water allocation (1) This section applies if— (a) there is water available for a person to take under— (i) a water allocation under a water share held by the person as a result of the operation of section 33S(3); or S. 33AVA (1)(a)(ii) amended by No. 48/2021 s. 17. (ii) a standing assignment; or (iii) an assignment of a water allocation under a water share to the person under section 33U; and (b) the person dies. S. 33AVA(1A) inserted by No. 48/2021 s. 43. (1A) The water allocation or assigned water allocation forms part of the estate of the deceased person. (2) An assignment (in accordance with section 33U) or a further assignment (in accordance with section 33V) of the water allocation may be made by— (a) if the deceased person was the only person who could have taken water under the water allocation—a person authorised to act on behalf of the estate of the deceased person; or (b) if the deceased person was not the only person who could have taken water under the water allocation—a person authorised to act on behalf of the estate of the deceased person together with the other persons. S. 33AW inserted by No. 99/2005 s. 41. 33AW Applications under this Part An application to the Minister under this Part— (a) must be in the form and made in the manner approved by the Minister; and (b) must be accompanied by the prescribed fee. S. 33AX (Heading) substituted by No. 48/2021 s. 44(1). S. 33AX inserted by No. 99/2005 s. 41. 33AX Application for Tribunal to review decisions under this Part A person may apply to the Tribunal for a review of a decision of the Minister to— (a) refuse an application by the person for the issue of a water share; or (b) refuse an application by the person for the variation of a water share; or (c) make a determination under section 33G; or S. 33AX(d) amended by No. 54/2009 s. 13. (d) refuse to approve the transfer of ownership of a water share under section 33X(1)(a); or (e) refuse to approve a limited term transfer of a water share under section 33X(1)(b); or S. 33AX(ea) inserted by No. 28/2014 s. 11, amended by No. 48/2021 s. 18. (ea) refuse to approve the giving of a standing assignment under section 33X(1)(ba); or (f) refuse to approve a water allocation assignment under section 33X(1)(c); or (g) refuse an application by the person to divide a water share or to consolidate two or more water shares; or (h) refuse an application by the person for the cancellation of a water share under section 33AB; or S. 33AX(i) amended by No. 48/2021 s. 44(2). (i) refuse an application under section 33AG. S. 33AY inserted by No. 99/2005 s. 41. 33AY Time for making application An application under section 33AX must be made within 28 days of the later of— (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Division 13—Rule making powers of Minister S. 33AZ inserted by No. 99/2005 s. 41. 33AZ Rule making powers for water shares (a) with respect to adjustment of volumes to be applied to transfers, assignments and variations of water shares; and (b) as to the circumstances in which the consent of any Authority under this Act will be required to transfers or assignments under this Part; and (c) as to any matters relating to applications under this Part; and (d) as to the circumstances in which the Minister will give or refuse to give approvals under this Part; and (e) as to the circumstances in which water shares will be consolidated or divided under this Part; and S. 33AZ(1)(f) repealed by No. 48/2021 s. 45. (g) as to any other matters the Minister is authorised to make rules for under this Part. Part 4—Allocation of water Division 1—Bulk entitlements 34 Definition and disallowance S. 34(1) amended by Nos 130/1993 s. 122(Sch. 4 item 17.2), 53/1994 s. 34(Sch. 1 items 11.2, 11.3), 110/1994 s. 41(Sch. 1 items 11.2, 11.3), 121/1994 s. 188(a)(b), 62/1995 s. 9(2), 69/2000 s. 65(2), substituted by No. 32/2010 s. 18(1). (1) In this Division ***Authority*** means— (a) any water corporation empowered to carry out any function under this Act in relation to water supply or irrigation; or S. 34(1)(b) repealed by No. 23/2019 s. 103. S. 34(1)(c) amended by No. 48/2021 s. 46. (c) a generation company; or (d) the Minister administering the **Conservation, Forests and Lands Act** **1987**. S. 34(1A) inserted by No. 50/2010 s. 8(1). (1A) In this Division, ***Authority***, in addition to any other meaning set out in subsection (1), also means the Water Holder to the extent of any bulk entitlement referred to in paragraph (f) of the definition of ***Victorian Environmental Water Holdings***. S. 34(2) amended by Nos 62/1995 s. 7(a), 12/1996 s. 5(1), 32/2010 s. 18(2). (2) Sections 23, 24 and 25 of the **Subordinate Legislation Act 1994** apply to an Order made under this Division by the Minister or Governor in Council as if the Order were a statutory rule within the meaning of that Act that had been laid before each House of Parliament on the day on which the Order, or a notice stating the place where copies of the Order can be obtained, was published in the Government Gazette. S. 34(3) amended by No. 62/1995 s. 7(b). (3) An Order referred to in subsection (2) may be disallowed in whole or in part by resolution of either House of Parliament in accordance with the requirements of section 23 of the **Subordinate Legislation Act 1994**. S. 34(4) amended by No. 62/1995 s. 7(c). (4) Disallowance under subsection (3) is deemed to be disallowance by Parliament for the purposes of the **Subordinate Legislation Act 1994**. S. 34(5) inserted by No. 12/1996 s. 5(2), amended by No. 50/2010 s. 8(2). (5) It is sufficient compliance with the requirements of sections 42(1)(c), 42(5)(b), 44(1) and 47(4)(b) for an Order to be published in the Government Gazette if a notice is published in the Government Gazette stating the place where copies of the Order can be obtained. S. 34A inserted by No. 32/2010 s. 19.