64EWhen does determination take effect?

64E When does determination take effect? A determination under section 64A(2) and under section 64C(2) takes effect as soon as it is made. S. 64EA inserted by No. 48/2021 s. 61. 64EA Notification of determination (1) As soon as possible after making a determination under section 64A(2)(b) or 64C(2)(b), the Minister must give written notice of the determination to the person to whom the determination applies. (2) A notice under subsection (1) must set out— (a) the terms of the determination; and (b) the amount of water that the Minister has determined has been taken in contravention of the Act; and (c) the place from which the Minister has determined the water has been taken; and (d) the effect of section 64EC; and (e) the current or future rights that it is proposed the determination applies to. S. 64EB inserted by No. 48/2021 s. 61. 64EB Matters Minister may refer to in determining amounts of water taken For the purpose of this Division, the Minister, in forming a reasonable belief as to an amount of water that has been taken without authorisation to take it may refer to— (a) the amount of water an Authority has recorded as being taken from a place based on a meter reading under section 142; or (b) an amount of water a water corporation estimates has been taken from a place under section 142A. S. 64EC inserted by No. 48/2021 s. 61. 64EC Review by VCAT A person affected by a determination of the Minister under section 64A or 64C may apply to the Tribunal for review of that determination. S. 64ED inserted by No. 48/2021 s. 61. 64ED Time period for making application for review (1) An application for review under section 64EC of a determination, in respect of which notice has not been given, must be made no later than 35 days after the end of the water season in which the determination was made. (2) An application for review under section 64EC of a determination, in respect of which notice has been given, must be made no later than 35 days after the later of— (a) the day on which the notice was given; or (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons, the day on which the statement of reasons was given to the person or the person was informed under section 46(5) of that Act that a statement of reasons would not be given. Pt 4 Div. 4 (Heading and ss 64F, 64G) inserted by No. 62/1995 s. 29. Division 4—Periodic amendment of entitlements S. 64F inserted by No. 62/1995 s. 29. 64F Records and reports of transfers (1) An Authority which is a party to or approves or has notice of— S. 64F(1)(a) amended by No. 86/1995 s. 12(1)(a). (a) a transfer, whether permanent or temporary, under section 46A or 62; or S. 64F(1)(b) amended by No. 86/1995 s. 12(1)(b). (b) a temporary transfer under section 224 or 224A; or S. 64F(1)(c) amended by Nos 86/1995 s. 12(1)(c), 110/1997 s. 15(2). (c) a permanent transfer under section 47D, 226 or 226AA; or (d) a conversion to a bulk entitlement under section 47C— must cause a record in the form approved by the Minister to be kept of each transfer or conversion. (2) An Authority must provide to the Minister, if the Minister so requires, a report of transfers or conversions referred to in subsection (1) containing information specified by the Minister. Pt 4AA (Headings and ss 64FA–64FZV) inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). Part 4AA—Places, rates and times of taking of water S. 64FA inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FA Interpretation ***Authority*** means a water corporation empowered to carry out any function in relation to water delivery or irrigation; ***maximum rate of take declaration*** means a declaration under section 64FI; ***prohibition determination*** means a determination made under section 64FZE; ***related water-use licence or water-use registration***, in relation to a general place of take approval, means a water-use licence or a water-use registration, where the land that is the subject of the licence or registration is land on which it is physically possible to use water taken from the approved place; ***restriction determination*** means a determination made under section 64FZC. Division 2—General place of take approval Subdivision 1—General S. 64FB inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FB Offence for general place of take approval (1) A person must not knowingly take water, under a relevant water allocation from a place in a declared water system unless the person has a general place of take approval to take water, under relevant water allocations held by that person from that place, being a taking that results in— (2) A person must not recklessly take water, under a relevant water allocation from a place in a declared water system unless the person has approval under a general place of take approval to take water, under relevant water allocations held by that person from that place, being a taking that results in— (3) A person must not take water, under a relevant water allocation, from a place in a declared water system unless the person has approval under a general place of take approval to take water, under relevant water allocations held by that person from that place. S. 64FC inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FC Giving general place of take approval (1) On application under section 64FD, the Minister may give approval to the applicant to take water, under relevant water allocations that are held or that may be held by that person, from a place in a declared water system. (2) In giving an approval under subsection (1) the Minister— S. 64FD inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FD Application for general place of take approval (1) A person may apply to the Minister for a general place of take approval in relation to water to be taken under relevant water allocations that are or may be held by the applicant. (2) The applicant must, in the Minister's reasonable belief, be authorised or be likely to be authorised to use water taken from the proposed approved place on land under a related water-use licence or water-use registration because the applicant— (a) holds or is likely to hold such a related water-use licence or water-use registration; or (b) has the consent of the holder of such a related water-use licence or water-use registration to so use water. (3) Subsection (2) does not apply if an applicant under subsection (1) is a person who holds a bulk entitlement or environmental entitlement. S. 64FE inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FE Cessation of general place of take approval (1) A general place of take approval remains in force until whichever of the following first occurs— (a) the end of the period, if any, specified by the Minister in the approval as the period for which the approval remains in force; (b) the approval is cancelled by the Minister under section 64FR or 64FS; (c) in relation to the approval— (i) the holder— (A) is not the holder of a related water-use licence or water‑use registration that authorises water, taken from the approved place, to be used on the land specified in the licence or registration; and (B) does not have the consent of the holder of such a water-use licence or water-use registration to so use water; and (ii) either— (A) there is no notional rationing rate fixed to the approval; or (B) the notional rationing rate fixed to the approval is zero. (2) Subsection (1)(c) does not apply if the person holding the approval is the holder of a bulk entitlement or an environmental entitlement. S. 64FF inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FF Conditions on general place of take approval (1) A general place of take approval is subject to— (a) the conditions set out in this Part; and (b) any conditions fixed by the Minister; and (c) any prescribed conditions. (2) If there is any inconsistency between the terms and conditions of any licence under section 67 that the holder of a general place of take approval is relying on to take water from the approved place and the terms and conditions of the approval, the terms and conditions of the approval prevail. S. 64FG inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FG Offence to fail to comply with a condition of a general place of take approval The holder of a general place of take approval must not fail to comply with any condition that applies to the general place of take approval. S. 64FH inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FH Maximum rate of take condition (1) A general place of take approval is subject to the condition that the holder of the approval must not take water at a rate that exceeds the maximum rate of take for the approval. ***maximum rate of take***, in relation to a general place of take approval, means the maximum rate at which the holder of the approval can take water from the approved place as fixed under a declaration under section 64FI, or as varied under section 64FM or varied as a result of a transfer under section 64FN. S. 64FI inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FI Maximum rate of take declaration (1) The Minister, by declaration, may fix— (a) a maximum rate at which water may be taken under each general place of take approval in the water system or the part of the water system specified in the declaration; or (b) a variation of a maximum rate that applies under paragraph (a). (2) A declaration under subsection (1) must specify the water system or the part of the water system to which it applies. (3) In making a declaration under subsection (1), the Minister must apply any relevant rules made under Division 4. S. 64FJ inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FJ Determination of maximum rate of take The maximum rate of take determined under a declaration under section 64FI(1) may be either or both of the following— (a) a maximum rate that water can be taken on a daily basis; (b) a maximum rate that water can be taken over any period determined by the Minister. S. 64FK inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FK Process for maximum rate of take declaration (1) A maximum rate of take declaration must be published in the Government Gazette. (2) The Minister must give a copy of a maximum rate of take declaration to the Authority responsible for the area to which the declaration applies. (3) The Authority responsible for the area to which the declaration applies must give a copy of the declaration to each person holding a general place of take approval to which the declaration applies. (4) A maximum rate of take declaration may be made by reference to individual general place of take approvals or by reference to a class of general place of take approval. (5) A maximum rate of take declaration has effect on the day specified by the Minister in the declaration, which must not be earlier than 14 days after the declaration is made. S. 64FL inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FL Process before making maximum rate of take declaration If the Minister proposes to make a maximum rate of take declaration the Minister must— (a) at least 28 days before making the declaration, cause notice of the proposal to be published on the Department's Internet site; and (b) require the Authority responsible for the area to which the proposed declaration will apply, at least 28 days before the Minister makes the declaration, to publish notice of the proposal on the Authority's Internet site. S. 64FM inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FM Variation of maximum rate of take on application by approval holder (1) On receiving an application under this section, the Minister may vary all or part of the maximum rate of take that applies to a general place of take approval held by the applicant. (2) In deciding whether to make a variation under subsection (1), the Minister— (3) The holder of general place of take approval may apply to the Minister to vary the maximum rate of take under subsection (1). S. 64FN inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FN Transfer of maximum rate of take on application by approval holders (1) On receiving an application under this section, the Minister may transfer all or part of the maximum rate of take that applies to a general place of take approval held by one applicant to a general place of take approval held by the other applicant. (2) The holders of general place of take approvals may apply to the Minister to transfer under subsection (1) all or part of the maximum rate of take of one approval to another approval. (3) In deciding whether to transfer a maximum rate of take under subsection (1), the Minister— S. 64FO inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FO Transfer of general place of take approval to another person (1) On receiving an application under this section, the Minister may transfer a general place of take approval from the holder to another person. (2) In deciding whether to transfer a general place of take approval under subsection (1), the Minister— (3) The holder of a general place of take approval may apply to the Minister for a transfer under subsection (1). (4) If the person to whom the approval is to be transferred is not the holder of a bulk entitlement or an environmental entitlement, the person must satisfy the requirements of section 64FD(2). S. 64FP inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FP Variation of general place of take approval (1) On receiving an application under this section, the Minister may vary a general place of take approval, other than the notional rationing rate fixed under Subdivision 2. For variation of the notional rationing rate on application, see section 64FY. (2) In deciding whether to make a variation under subsection (1), the Minister— (3) The holder of a general place of take approval may apply to the Minister for a variation under subsection (1). S. 64FQ inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FQ Approved place must not be changed To avoid doubt, nothing in this Part is to be taken to empower a change (whether by way of transfer, variation or otherwise) of the approved place for a general place of take approval to another place. S. 64FR inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FR Cancellation of general place of take approval on application (1) On receiving an application under this section, the Minister may cancel a general place of take approval. (2) The holder of a general place of take approval may apply to the Minister for cancellation of the approval. S. 64FS inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FS Cancellation of general place of take approval on Minister's own motion (1) The Minister, on the Minister's own motion, may cancel a general place of take approval if the Minister reasonably believes that the holder of the approval has not taken water from the approved place under the approval for— (a) a period of 10 or more years; or (b) if a lesser period is prescribed, that period. (2) The Minister, on the Minister's own motion, may cancel a general place of take approval, if the Minister reasonably believes that the holder of the approval is not authorised to use water taken from the approved place on land under a related water-use licence or water-use registration because the holder— (a) does not hold such a related water-use licence or water-use registration; and (b) does not have the consent of the holder of such a related water-use licence or water-use registration to so use water. (3) Subsection (2) does not apply if the holder of the approval is the holder of a bulk entitlement or an environmental entitlement. (4) When deciding whether or not to cancel a general place of take approval, the Minister— (a) must have regard to any submissions made under section 64FT(3) within the required time; and (b) must apply any relevant rules made under Division 4; and (c) may have regard to any other matter the Minister considers relevant. (5) The Minister must notify the holder of the approval of the Minister's decision as to whether or not to cancel the approval. S. 64FT inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FT Process before cancelling approval (1) If the Minister proposes to cancel a general place of take approval under section 64FS, before cancelling the approval, the Minister must give notice of the proposal to cancel the approval to the holder of the approval. (2) The notice under subsection (1)— (a) must set out the reason for proposing to cancel the approval; and (b) invite written submissions to be made to the Minister within the time specified in subsection (3). (3) A person who has received notice under subsection (1) may make written submissions to the Minister on the proposal within 35 days of receiving the notice. Subdivision 2—Notional rationing rate S. 64FU inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FU Fixing a notional rationing rate when giving approval (1) The Minister must fix a notional rationing rate for a general place of take approval on giving the approval, if the approval is for a place to which either of the following applies— (a) the place is not in an irrigation district; (b) the place is in a rationing area. (2) In fixing a notional rationing rate under subsection (1) the Minister— (b) may fix a notional rationing rate of zero. (3) The Minister must specify the notional rationing rate fixed under subsection (1) in the approval. S. 64FV inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FV Fixing notional rationing rates in irrigation districts (1) The Minister, by declaration, may— (a) declare all or part of one or more declared water systems that wholly or partly comprise irrigation districts to be a rationing area; and (b) vary all general place of take approvals in an area declared under paragraph (a) by fixing a notional rationing rate for each approval. (2) A declaration under subsection (1) must be published in the Government Gazette. (3) The Minister must give a copy of a declaration under subsection (1) to the Authority responsible for the area to which the declaration applies. (4) The Authority responsible for the area to which the declaration applies must give notice of the declaration to each person holding a general place of take approval in the area. (5) A variation under subsection (1) may be made by reference to individual approvals or by reference to a class of approval. (6) A declaration under this section has effect on the day specified by the Minister in the declaration, which must not be earlier than 14 days after the declaration is made. S. 64FW inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FW Process before making a notional rationing rate declaration (1) If the Minister proposes to make a notional rationing rate declaration, before making the declaration, the Minister must consult with the Authority responsible for the area to which the proposed declaration will apply. (2) After consulting with the Authority, the Minister must— (a) cause notice of the proposal to be published on the Department's Internet site; and (b) require the Authority— (i) to publish notice of the proposal on the Authority's Internet site; and (ii) to give notice of the proposal to each person holding a general place of take approval in the area. (3) A notice under subsection (2)— (a) must invite written submissions to be made to the Minister within the time specified in subsection (4); and (b) for notice given under subsection (2)(b), must set out details of the proposal, in particular details of the notional rationing rate that is proposed to be fixed to each general place of take approval in the area. (4) A person affected by the proposal may make written submissions to the Minister on the proposal within 35 days of receiving the notice. (5) Before making a notional rationing rate declaration, the Minister must have regard to any submissions made under subsection (4) within the required time. S. 64FX inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FX Transfer of notional rationing rate on application by approval holders (1) On receiving an application under this section, the Minister may transfer all or part of the notional rationing rate that applies to a general place of take approval held by one applicant to a general place of take approval held by the other applicant. (2) In deciding whether to transfer a notional rationing rate under subsection (1), the Minister— (3) The holders of general place of take approvals may apply to the Minister to transfer the notional rationing rate under subsection (1). (4) A transfer under this section may be for a limited or an unlimited period and the transfer must specify the period that it is for. S. 64FY inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FY Variation of notional rationing rate on application by approval holder (1) On receiving an application under this section, the Minister may vary all or part of the notional rationing rate that applies to a general place of take approval held by the applicant. (2) In deciding whether to vary a notional rationing rate under subsection (1), the Minister— (3) The holder of a general place of take approval may apply to the Minister to vary the notional rationing rate under subsection (1). S. 64FZ inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZ Variation of notional rationing rates by the Minister (1) The Minister, by declaration, may vary all general place of take approvals in a rationing area by reducing the notional rationing rate for each approval in the area, if the Minister has, under the rules, set an upper limit on the notional rationing rates for those approvals. (2) The Minister must ensure that the variation of each notional rationing rate under the declaration under subsection (1) is in the same proportion. (3) A declaration under subsection (1) must be published in the Government Gazette. (4) The Minister must give a copy of a declaration under subsection (1) to the Authority responsible for the rationing area. (5) The Authority responsible for the rationing area must give a copy of the declaration to each person holding a general place of take approval that is affected by the declaration. (6) A declaration under subsection (1) may be made by reference to individual approvals or by reference to a class of approval. (7) A declaration under subsection (1) has effect on the day specified by the Minister in the declaration, which must not be earlier than the day on which the declaration is made. S. 64FZA inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZA Process before making a declaration varying notional rationing rates (1) If the Minister proposes to make a variation of notional rationing rate under section 64FZ the Minister must, at least 28 days before making the declaration— (a) cause notice of the proposal to be published on the Department's Internet site; and (b) require the Authority responsible for the rationing area to publish notice of the proposal on the Authority's Internet site. (2) The notice under subsection (1) must set out details of the proposal, in particular details of the method by which notional rationing rates to which the proposal applies will be varied. Subdivision 3—Restriction determinations and prohibition determinations S. 64FZB inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZB Offence for contravening a determination under this Subdivision (1) A person to whom a determination under this Subdivision applies must not knowingly contravene the determination, being a contravention that results in— (2) A person to whom a determination under this Subdivision applies must not recklessly contravene the determination, being a contravention that results in— (3) A person to whom a determination under this Subdivision applies must not contravene the determination. S. 64FZC inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZC Making a restriction determination (1) The Minister may make a determination that restricts each holder of a general place of take approval in a rationing area from taking water under relevant water allocations from the approved place at a rate that exceeds the rate determined in accordance with the determination. (2) A restriction under a determination under subsection (1) applies for either or both of the following— (a) the period or periods of time specified in the determination, which may be specified as the dates between which the period or periods begin and end; (b) in the circumstances specified in the determination, which may be specified by reference to when the circumstances begin and end. (3) A restriction under a determination under subsection (1) may apply differently for different periods of time or in different circumstances. (4) If a restriction under a determination under subsection (1) applies for one or more periods of time, the restriction must not apply for more than one water season. (5) For the purposes of subsection (1) if the general place of take approvals are subject to a notional rationing rate, the restriction must be expressed as limiting the rate at which water may be taken either— (a) to the full amount of the notional rationing rate; or (b) to the portion of the notional rationing rate set out in the determination. S. 64FZD inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZD Matters that apply to restriction determinations (1) The Minister must not make a restriction determination unless the Minister reasonably believes that— (a) the amount of water that can be delivered to a rationing area on a daily basis or throughout a water season is not enough, or soon will not be enough to meet all or any of the following— (i) the demand to take water from the approved places in the rationing area; (ii) the commitments to deliver water downstream of the area; (iii) any water system management requirements; or (b) the prescribed circumstances exist. (2) In deciding whether to make a determination under subsection (1), the Minister must apply any relevant rules made under Division 4. (3) A restriction determination must specify any period or circumstance when it applies. (4) A restriction determination must specify the rationing area to which the restriction applies. S. 64FZE inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZE Making a prohibition determination (1) The Minister may make a determination that prohibits each holder of a general place of take approval in the area specified in the determination from taking water from the approved place under any relevant water allocations held by the holder. (2) A determination under subsection (1) applies to— (a) the whole or the part of a declared water system specified in the determination; and (b) all holders of general place of take approvals in the area specified in the determination, or that class of such holders that is specified in the determination. (3) A prohibition under a determination under subsection (1) applies for either or both of the following— (a) the period or periods of time specified in the determination, which may be specified as the dates between which the period or periods begin and end; (b) in the circumstances specified in the determination, which may be specified by reference to when the circumstances begin and end. (4) A prohibition under a determination under subsection (1) may apply differently for different periods of time or in different circumstances. (5) If a prohibition under a determination under subsection (1) applies for one or more periods of time, the prohibition must not apply for more than one water season. S. 64FZF inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZF Matters that apply to prohibition determinations (1) The Minister must not make a prohibition determination unless the Minister reasonably believes that the prescribed circumstances exist. (2) In deciding whether to make a prohibition determination, the Minister must apply any relevant rules made under Division 4. (3) A prohibition determination must specify the water system or the part of the water system to which the prohibition applies. (4) A prohibition determination must specify any period or circumstance when it applies. S. 64FZG inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZG Publication and period of operation of determinations (1) A determination under this Subdivision must be in writing and must be published— (a) on the Internet sites of the Department and the Authority responsible for the area to which the determination applies; and (2) A determination under this Subdivision comes into operation on the day specified in the determination which must be after the day on which it is published in the Government Gazette. (3) A determination under this Subdivision— (a) remains in operation until it is revoked; and (b) must be revoked in the same manner as that in which it is made. S. 64FZH inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZH Non-application of determination A determination under this Subdivision may specify persons or classes of person to whom the determination does not apply. Division 3—Particular place of take approval S. 64FZI inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZI Offence for particular place of take approval (1) A person must not knowingly take water under a relevant water allocation from an approved place in a declared water system unless the person has a particular place of take approval to take water under that relevant water allocation from that place, being a taking that results in— (2) A person must not recklessly take water under a relevant water allocation from an approved place in a declared water system unless the person has a particular place of take approval to take water under that relevant water allocation from that place, being a taking that results in— (3) A person must not take water under a relevant water allocation from an approved place in a declared water system unless the person has a particular place of take approval to take water under that relevant water allocation from that place. S. 64FZJ inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZJ Giving particular place of take approval (1) On application under section 64FZK, the Minister may give approval to the holder of a relevant water allocation, or the holder of a right to future relevant water allocations in a class of relevant water allocation, to take water under that water allocation or those water allocations from a place in a declared water system. (2) The Minister must not give an approval under subsection (1) unless the person to whom the approval is to be given also holds a general place of take approval for that place. (3) In giving an approval under subsection (1) the Minister— S. 64FZK inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZK Application for particular place of take approval A person may apply to the Minister for a particular place of take approval. S. 64FZL inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZL Period for particular place of take approval A particular place of take approval ceases to be in force— (a) for an approval that applies to a relevant water allocation that is not part of a class of relevant water allocation, when the holder of the approval no longer holds the relevant water allocation; or (b) for an approval that applies to relevant water allocations in a class of relevant water allocation, when the holder of the approval no longer holds— (i) the right to water under which the holder is entitled to receive current and future relevant water allocations in that class; and (ii) any relevant water allocation under that right; or For the purposes of paragraphs (a) and (b), a person no longer holds a relevant water allocation if— (a) all water under the allocation has been taken; or (b) water has not been taken under the water allocation before the end of the water season for the allocation and has not been authorised to be taken in a subsequent water season; or (c) the water otherwise available under the water allocation has been deducted from the holder's right to take water by the Minister under Division 3 of Part 4; or (d) the water allocation has been assigned to another person. (c) in any case if— (i) an external place of take approval or a different particular place of take approval is given for the relevant water allocation or the relevant water allocations in the class of relevant water allocation; or (ii) the holder of the particular place of take approval no longer holds the general place of take approval for which the particular place of take approval has been given. S. 64FZM inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZM Review by VCAT A person affected by a decision of the Minister under any of the following provisions may apply to the Tribunal for review of that decision— (a) section 64FC; (b) section 64FF(1)(b); (c) section 64FM; (d) section 64FN; (e) section 64FO; (f) section 64FP; (g) section 64FS; (h) section 64FU(1); (i) section 64FV; (j) section 64FZ; (k) section 64FZJ; (l) section 64FZS. S. 64FZN inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZN Time period for making application for review An application for review under section 64FZM 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, 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. S. 64FZO inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZO Applications under this Part An application to the Minister under this Part must— (b) contain any particulars required by the rules made under section 64FZP; and (c) be accompanied by the information or documents required by the Minister; and (d) be accompanied by— (i) the prescribed fee, if any; or (ii) if no such fee is prescribed, the fee determined by the Minister. S. 64FZP inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZP Rule making powers for approvals and determinations under this Part (1) The Minister, by Order published in the Government Gazette, may set out rules— (a) for or with respect to applications for approvals under this Part; and (b) for or with respect to maximum rate of take conditions on general place of take approvals, including but not limited to— (i) determining times, places and circumstances in which maximum rate of take conditions apply to approvals; and (ii) the method for determining maximum rate of take for maximum rate of take conditions; and (iii) upper limits on maximum rate of take for maximum rate of take conditions; and (c) for or with respect to notional rationing rates that are fixed to general place of take approvals, including but not limited to— (i) matters to be taken into account in fixing notional rationing rates; and (ii) upper limits on notional rationing rates; and (iii) transferring notional rationing rates applying to approvals that have been cancelled; and (d) for or with respect to prohibition determinations and restriction determinations, including but not limited to, the matters that must be specified in determinations; and (e) for or with respect to the circumstances in which consent by any one or more of the following persons or bodies is required before an approval under this Part may be given— (i) the Authority; (ii) the resource manager appointed under section 43A; (iii) a storage manager; (iv) the Murray-Darling Basin Authority established under the Water Act 2007 of the Commonwealth; (v) any person or body in another State or a Territory of the Commonwealth; and (f) as to the circumstances in which the Minister may give or refuse to give approvals under this Part; and (g) as to any other matters the Minister is authorised to make rules for under this Part. S. 64FZQ inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZQ Matters to be considered in making rules under section 64FZP The Minister, in making the rules under section 64FZP may consider— (a) the provisions of any agreements entered into under section 33AE that relate to dealings in rights to take water and the place of taking of water; and (b) the Basin Plan and any relevant Basin water resource plans; and (c) any adverse effect that the rules are likely to have on any of the following in any water system to which the rules apply— (i) existing authorised uses in the system; (ii) any waterway or aquifer in the system; (iii) the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; (iv) the existing and projected availability of water in the system; and (d) the need to protect the environment, including the riverine and riparian environment; and (e) any other matters that the Minister thinks fit to have regard to. Division 5—External place of take approval S. 64FZR inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZR Offence for external place of take approval (1) A person must not take water under a relevant water allocation from a place— (a) that is not in a declared water system; or (b) that is not in Victoria. Penalty: 60 penalty units. (2) A person does not contravene subsection (1) if— (a) the person is— (i) an Authority; or (ii) the Water Holder; or (b) the person is acting under and in accordance with the approval of the Minister under section 64FZS. S. 64FZS inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZS Giving of external place of take approval (1) On application under section 64FZT, the Minister may give approval to a person who is the holder of a relevant water allocation or the holder of a right to future water allocations in a class of relevant water allocation to take water under that water allocation or those water allocations from a place— (a) that is not in a declared water system; or (b) that is not in Victoria. (2) In giving approval under subsection (1), the Minister— S. 64FZT inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZT Application for external place of take approval A person may apply to the Minister for an external place of take approval. S. 64FZU inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZU Conditions on external place of take approvals An external place of take approval is subject to— (a) any conditions fixed by the Minister; and (b) any prescribed conditions. S. 64FZV inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13). 64FZV Period of approval An external place of take approval ceases to be in force— (a) for an approval that applies to a relevant water allocation that is not part of a class of relevant water allocation, when the holder of the approval no longer holds the relevant water allocation; or (b) for an approval that applies to relevant water allocations in a class of relevant water allocation, when the holder of the approval no longer holds— (i) the right to water under which the holder is entitled to receive current and future relevant water allocations in that class; and (ii) any relevant water allocation under that right; or For the purposes of paragraphs (a) and (b), a person no longer holds a relevant water allocation if— (a) all water under the allocation has been taken; or (b) water has not been taken under the water allocation before the end of the water season for the allocation and has not been authorised to be taken in a subsequent water season; or (c) the water otherwise available under the water allocation has been deducted from the holder's right to take water by the Minister under Division 3 of Part 4; or (d) the water allocation has been assigned to another person. (c) in any case a different external place of take approval or a particular place of take approval is given for the relevant water allocation or the relevant water allocations in the class of relevant water allocation. S. 64G inserted by No. 62/1995 s. 29, amended by Nos 86/1995 s. 12(2), 110/1997 s. 15(3)(a)(b), repealed by No. 32/2010 s. 46. Pt 4 Div. 5 (Heading) renumbered as Pt 4AB (Heading) by No. 48/2021 s. 33. Pt 4 Div. 5 (Heading and ss 64GA, 64GB) inserted by No. 99/2005 s. 52. Part 4AB—Seasonal determinations S. 64GA inserted by No. 99/2005 s. 52. 64GA Appointment of Authorities to be responsible for seasonal determinations The Minister may appoint an Authority to be responsible for making determinations in respect of a declared water system under section 64GB. S. 64GB inserted by No. 99/2005 s. 52. 64GB Seasonal determinations by Authorities (1) If the Minister has appointed an Authority under section 64GA, the Authority must, for each water season for each declared water system for which the Authority has been so appointed, determine, the water that is available in the water system for that season— (a) for each class of water shares issued in that system; and S. 64GB(1)(b) substituted by No. 32/2010 s. 47. (b) for each bulk entitlement in the system in respect of which the water available to be taken, in any water season, under the entitlement is not able to be established from the terms of the entitlement; and S. 64GB(1)(c) substituted by No. 32/2010 s. 47. (c) for each environmental entitlement in the system in respect of which the water available to be taken, in any water season, under the entitlement is not able to be established from the terms of the entitlement. (2) A determination under subsection (1) must be made before the commencement of the water season to which it relates. (3) An Authority that has made a determination under subsection (1) may, from time to time during the season, if the Authority is of the opinion that there is additional water available in the system, determine that additional water is available in the water system— (a) for each class of water shares issued in the system; and (b) for each bulk entitlement in the system; and (c) for each environmental entitlement in the system. (4) An Authority must not make a determination under this section until the Authority has assessed the amount of water available in the system to be taken and the amount reserved for the environment— (a) in any case where a bulk entitlement applies to the system, by applying the rules specified for the purposes of any such determination in any Order granting the bulk entitlement; or (b) in the case where a bulk entitlement does not apply to the system, by applying the rules specified for the purposes of any such determination in the management plan, approved under section 32A, applying to the system. (5) In making a determination under this section, the Authority may have regard to the state of the system in the part of the season to which the determination relates and the expected state of the system. (6) A determination under this section must apply— (a) to each water share in a class of water shares in the same proportion; and (b) to each bulk entitlement in the same proportion; and (c) to each environmental entitlement in the same proportion— subject to— (d) any rules specified for the purposes of any such determination in any Order granting any bulk entitlement in the system; or (e) any requirement, restriction or condition contained in a management plan under section 32A in relation to the allocation of water; or (f) any condition that applies to the allocation of water under this section determined by the Minister. (7) An Authority that has made a determination under this section must cause a notice of the determination to be published in a newspaper generally circulating in the area that is the subject of the determination or the area served by the water system that is the subject of the determination. S. 64GB(8) amended by No. 28/2007 s. 3(Sch. item 75.3). (8) In the case of a determination under this section as to the amount of water available for water shares in a water system, the determination may be expressed as a percentage of the maximum volume of water that has been determined for each water share. Pt 4A (Heading and ss 64H, 64I) inserted by No. 62/1995 s. 30.