64ZGeneral provisions applying to standard water-use conditions

64Z General provisions applying to standard water-use conditions (1) Conditions determined by the Minister under this Division may vary according to the nature of all or any of the following— (a) the use of water under licences; (b) the water that is to be used under licences; (c) the way water is applied under licences; (2) Conditions determined by the Minister under this Division must be consistent with water-use objectives that apply to the part of the State to which the conditions apply. (3) Conditions determined by the Minister under this Division may include conditions as to all or any of the following matters— (a) maximum volumes of water per hectare that may be applied to land specified in licences over any 12 month period; (b) requirements to minimize impacts of the use of water on other persons or on the environment; (c) the way that water is used and re-used on land specified in licences; (d) drainage from land specified in licences; (e) monitoring and reporting requirements of licence holders; (f) any other matter that the Minister thinks fit. S. 64AA inserted by No. 99/2005 s. 54. 64AA Recommendations by Catchment Management Authorities (1) In making a recommendation under section 64Y(2)(b), the Minister may request a Catchment Management Authority to give consideration to matters specified by the Minister when making its recommendation under that subsection. (2) Before making a recommendation under section 64Y(2)(b) the Authority must— (a) give notice of the proposal to make the conditions to any other Authority or any holders of water-use licences whose interests the Authority considers are likely to be affected by the conditions; (b) make the draft conditions available for inspection by the public for at least 2 months after their preparation; (c) publish a notice in a newspaper circulating generally in the State and in a local newspaper circulating generally in the region which will be affected by the proposal to make the conditions stating where and when the draft conditions can be inspected and inviting public comment by a set date; (d) consult with those persons or bodies that the Authority considers represent the interests of persons who are likely to be affected by the recommendation and comply with any other consultative processes required by directions given by the Minister; (e) consider any comments made by the set date. (3) In making a recommendation under section 64Y(2)(b) the Authority must have regard to any comments made under subsection (2). S. 64AB inserted by No. 99/2005 s. 54. 64AB Revoking or amending determinations as to standard water‑use conditions (1) The Minister may make a determination amending or revoking a determination made under section 64Y, either— (b) on the recommendation of the Catchment Management Authority. (2) In making a recommendation under subsection (1)(b) as to an amending determination, the Catchment Management Authority may recommend all or any of the water‑use conditions that are to be included in the amending determination. (3) Sections 64Y(3) and 64AA apply to the making of a determination or recommendation under this section in the same manner as they apply to the making of a determination or recommendation under section 64Y. S. 64AC inserted by No. 99/2005 s. 54. 64AC Notification and effect of determinations as to standard water‑use conditions (1) A determination under this Division— (a) must specify the day on which it comes into force; and S. 64AC(1)(b) amended by No. 32/2010 s. 49. (b) must be published in a newspaper circulating generally in the region to which the determination relates. (2) The conditions determined under this Division apply to any water-use licence that specifies land that is in the area to which the determination applies. (3) On the making of a determination under this Division, the Minister must notify all the holders of water-use licences to which the determination applies of the making of the determination and of the conditions set out in the determination. (4) A failure to comply with subsection (3) does not affect the validity of a determination made under this Division. Division 5—Particular conditions on licences S. 64AD inserted by No. 99/2005 s. 54. 64AD Particular conditions on water-use licences The Minister may impose any particular conditions on a water-use licence that the Minister thinks fit as to the following matters— (a) the meeting of water-use objectives that apply in the area in which the land that is specified in the licence is situated; and (b) specifying the annual use limit on the licence. Division 6—Further provisions as to conditions on licences S. 64AE inserted by No. 99/2005 s. 54. 64AE Effect of inconsistency between standard water-use conditions and other conditions on licences (1) If a water-use licence is subject to a standard water-use condition at the time a particular condition is imposed on the licence, being a standard water-use condition that is inconsistent with the particular condition, the standard water‑use condition is void (on and from the imposition of the particular condition) to the extent of that inconsistency. (2) If a water-use licence becomes subject to a standard water-use condition after a particular condition has been imposed on a water-use licence, being a standard water-use condition that is inconsistent with the particular condition, the particular condition is void (on and from the commencement of the application of the standard water-use condition to the licence) to the extent of that inconsistency. (3) In this section ***particular condition*** means a condition that is imposed under Division 5 on a water-use licence. S. 64AF inserted by No. 99/2005 s. 54. 64AF Offence to fail to comply with licence condition The holder of a water-use licence must comply with the conditions imposed on the licence in accordance with Division 4 or Division 5 to the extent that the conditions are not void under section 64AE. Note to s. 64AF inserted by No. 48/2021 s. 77. Division 7—Variations of licences S. 64AG inserted by No. 99/2005 s. 54. 64AG Variation of water-use licences on motion of Minister (1) The Minister, on the Minister's own motion, may vary a water-use licence by imposing a new condition on the licence or by amending an existing condition on the licence. (2) The Minister must not vary a condition on a licence or impose a new condition on a licence under subsection (1) unless the Minister is satisfied that the variation or new condition (as the case requires) is consistent with the water‑use objectives that apply to the licence. (3) Before making a variation under this section, the Minister must— (i) the nature of the proposal to vary the licence; and (b) allow the holder an opportunity to make written submissions on the proposal to vary the licence. (4) Submissions under subsection (3) must be made within 2 months of the giving of the notice. (5) In deciding whether or not to make a variation under this section, the Minister must— (a) have regard to submissions made under subsection (3) within the period for the making of submissions; and (b) notify the holder of the licence of the Minister's decision. (6) A variation under this section has effect from the later of— (a) the date that the notice under subsection (5) is served; or (b) the date that is specified by the Minister in that notice. S. 64AH inserted by No. 99/2005 s. 54. 64AH Variation of water-use licence on application of licence holder (1) The Minister may, on the application of the holder of a water-use licence, vary or revoke a condition on the licence. (2) The holder of a licence may apply to the Minister for a variation of a licence under subsection (1). (3) Where there is a joint application under this section for the variation of two water-use licences by the holders of the licences, being an application where— (a) the holder of one licence is applying to reduce the annual use limit for the licence held by that person; and (b) the holder of the other licence is applying to increase the annual use limit for the licence held by that person; and (c) the application is made under an agreement between both parties— the Minister must approve the applications if the Minister is satisfied that the salinity impacts of the proposed reduction and increase will not have an adverse impact on other persons or the environment. S. 64AI inserted by No. 99/2005 s. 54. 64AI Form of applications for variation (1) An application under this Division must— (a) be in a form approved by the Minister; and S. 64AI(1)(c) substituted by No. 85/2006 s. 42. (c) be accompanied by any prescribed documents or prescribed information or information or documents required by the Minister; and S. 64AI(1)(d) substituted by No. 85/2006 s. 42. (2) The powers of the Minister in relation to applications for licences apply in respect of an application for variation of a licence under this Division as if it were an application for a water-use licence. (3) The Minister must notify an applicant under this section of his or her decision on the application. Division 8—Suspension, revocation, cancellation and other powers for licences S. 64AJ inserted by No. 99/2005 s. 54. 64AJ Suspension of water-use licence (1) The Minister may suspend a water-use licence if the Minister reasonably believes that— (a) there has been a failure to comply with a condition to which the licence is subject; or (b) there has been a failure to comply with a notice of contravention under section 151 that relates to the licence; or (c) the holder of the licence has not paid a fee payable in respect of the licence or any charge payable under section 287A. (2) Before suspending a licence under this section, the Minister must— (i) the reason for proposing to suspend the licence; and (iii) the terms on which the suspension will be lifted; and (b) allow the holder an opportunity to make written submissions on the proposal to suspend the licence; and (c) notify any person who has a registered mortgage (under the **Transfer of Land Act 1958**) over the land specified in the licence of the proposed suspension of the licence. (4) In deciding whether or not to suspend a licence under this section, the Minister must have regard to submissions made under subsection (2)(b) within the period for the making of submissions. (5) The Minister must not suspend the licence on the ground of the failure to pay— (a) a fee payable in respect of the licence; or (b) a charge payable under section 287A— if the fee has been paid within the period allowed under subsection (3) for the making of submissions. (6) On making a decision as to whether or not to suspend a licence under this section, the Minister must notify the holder of the licence of that decision. (7) A suspension under this section remains in force until the Minister, in writing, notifies the holder of the licence that it is no longer in force. S. 64AK inserted by No. 99/2005 s. 54. 64AK Revocation of water-use licence (1) The Minister may revoke a water-use licence if the Minister reasonably believes that— (a) in the case of the holder of a water-use licence who has been found guilty of a failure to comply with a condition of the licence, that person has continued after that finding of guilt to fail to comply with that condition; or (b) in the case of a licence that is or has been suspended, water has been used during the suspension on the land specified in the licence for a purpose for which a water-use licence would be required; or (c) in the case of a licence that has been suspended, the holder of the licence has, within 3 years of the completion of the period of suspension, failed to comply with a condition of the licence. (2) Before revoking a licence under this section, the Minister must— (i) the reason for proposing to revoke the licence; and (b) allow the holder an opportunity to make written submissions on the proposal to revoke the licence; and (c) notify any person who has a registered mortgage (under the **Transfer of Land Act** **1958**) over the land specified in the licence of the proposed revocation of the licence. (3) Submissions under subsection (2) must be made within 2 months of the giving of the notice. (4) In deciding whether or not to revoke a licence under this section, the Minister must have regard to submissions made under subsection (2) within the period for the making of submissions. (5) On making a decision as to whether or not to revoke a licence under this section, the Minister must notify the holder of the licence of that decision. S. 64AL inserted by No. 99/2005 s. 54. 64AL Cancellation of water-use licence on motion of the Minister (1) The Minister may cancel a water-use licence if the Minister reasonably believes that water has not been used on the land specified in the licence for the purposes for which use of water is authorised under the licence for the immediately preceding period of 10 years. (2) Before cancelling a licence under this section, the Minister must— (i) the reason for proposing to cancel the licence; and (b) allow the holder an opportunity to make written submissions on whether or not water has been used on the land in the preceding 10 years; and (c) notify any person who has a registered mortgage (under the **Transfer of Land Act 1958**) over the land specified in the licence of the proposed cancellation of the licence. (4) In deciding whether or not to cancel a licence under this section, the Minister must have regard to submissions made under subsection (2)(b) within the period for the making of submissions. (5) On making a decision as to whether or not to cancel a licence under this section, the Minister must notify the holder of the licence of that decision. S. 64AM inserted by No. 99/2005 s. 54. 64AM Other powers to cancel water-use licences (1) The holder of a water-use licence may apply to the Minister for the cancellation of the licence. (2) On receiving an application made by a licence holder under subsection (1), the Minister must cancel the licence. (3) At least 30 days before cancelling a licence under subsection (2), the Minister must notify any person who holds a registered mortgage (under the **Transfer of Land Act 1958**) over the land specified in the licence of the proposal to cancel the licence. S. 64AN inserted by No. 99/2005 s. 54. 64AN Application for review of Minister's decisions as to licences (1) A person may apply to the Tribunal for a review of a decision of the Minister to refuse an application by the person for a water-use licence. (2) The holder of a water-use licence may apply for a review of a decision of the Minister— (a) on an application by the holder of the licence to vary the licence; or (b) on the Minister's own motion, to vary the licence; or (c) to suspend the licence; or (d) to revoke the licence; or (e) on the Minister's own motion, to cancel the licence; or (f) to impose conditions (other than standard water-use conditions) on the licence. S. 64AO inserted by No. 99/2005 s. 54. 64AO Time period for making an application for review An application for review under section 64AN 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 9—Registration of water uses S. 64APAA inserted by No. 50/2010 s. 24. 64APAA Definition ***occupier***, in relation to land, means a prescribed person, or a person of a prescribed class of person, who has a right of access to the land or responsibility for the provision of a service to the land. S. 64AP inserted by No. 99/2005 s. 54, amended by Nos 85/2006 s. 43, 50/2010 s. 25. 64AP Power to register water uses The Minister, on receiving an application under this Division from an owner or occupier of land, may grant to that person a registration that authorises the use of water, being water that is from a declared water system, for purposes other than the purpose of irrigation on the land owned or occupied by the person that is specified in the registration. S. 64AQ inserted by No. 99/2005 s. 54. 64AQ Matters to which a Minister must have regard in registering use The Minister must grant a water-use registration if the Minister is reasonably satisfied that— (a) there are works or systems in place or likely to be installed in the near future for delivering water to the land; and (b) the use of water for the purpose set out in the application is not prohibited by or under an Act; and (c) the maximum volume of water proposed in the application is reasonable for use for the purpose set out in the application. S. 64AR inserted by No. 99/2005 s. 54. 64AR Applications for water-use registrations S. 64AR(1) amended by No. 50/2010 s. 26. (1) An owner or occupier of land may apply for a water-use registration to authorise the use of water for purposes other than irrigation on that land. (2) An application for a water use registration must— S. 64AR(2)(d) amended by No. 85/2006 s. 44. S. 64AS inserted by No. 99/2005 s. 54, substituted by No. 50/2010 s. 27. 64AS Change of ownership of land specified in registration (1) If a person who is the holder of a water-use registration is the owner of the land specified in the registration and that person transfers his or her ownership of the whole of the land so specified to another person, that person is taken to be the holder of the water-use registration. (2) If a person who is the holder of a water-use registration is the owner of the land specified in the registration and that person transfers his or her ownership of part only of the land so specified to another person, the registration is taken to be cancelled on the day on which the transfer of ownership takes place. S. 64AT inserted by No. 99/2005 s. 54. 64AT Condition on water-use registrations as to annual use limit The Minister may impose a condition on a water-use registration specifying the annual use limit for the registration. Division 10—Variation, cancellation and other powers as to registration S. 64AU inserted by No. 99/2005 s. 54. 64AU Variation of water-use registrations on application S. 64AU(1) amended by No. 32/2010 s. 50. (1) The Minister may, on the application of the holder of a water use registration, vary the terms or conditions of the water-use registration. (2) The holder of a water use registration may apply to the Minister for a variation under subsection (1). (3) An application under subsection (2) must— (a) be in a form approved by the Minister; and S. 64AU(3)(c) amended by No. 85/2006 s. 45(a). S. 64AU(3)(d) amended by No. 85/2006 s. 45(b). (4) The powers of the Minister in relation to applications for water-use registrations apply in respect of an application under this section as if it were an application for a water-use registration. (5) The Minister must notify an applicant under this section of his or her decision on the application. S. 64AV inserted by No. 99/2005 s. 54. 64AV Cancellation of water-use registration on motion of the Minister (1) The Minister may cancel a water-use registration if the Minister reasonably believes that water has not been used on the land specified in the registration for the purposes for which use of water is authorised by the registration for the preceding period of 10 years. (2) Before cancelling a water-use registration under this section, the Minister must— (a) notify the holder of the water use registration as to— (i) the reason for proposing to cancel the registration; and (ii) the rights the holder of the water use registration has under this section to make submissions on the proposal; and (b) allow the holder an opportunity to make written submissions on whether or not water has been used on the land in the preceding 10 years. (4) In deciding whether or not to cancel a registration under this section, the Minister must have regard to submissions made under subsection (2)(b) within the period for the making of submissions. (5) On making a decision as to whether or not to cancel a registration under this section, the Minister must notify the holder of the water use registration of that decision. S. 64AW inserted by No. 99/2005 s. 54. 64AW Other powers to cancel water-use registrations (1) The holder of the water use registration may apply to the Minister for the cancellation of the registration. (2) On receiving an application made by the holder of a water use registration under subsection (1), the Minister must cancel the registration. S. 64AX inserted by No. 99/2005 s. 54. 64AX Application for review of Minister's decisions as to registrations (1) A person may apply to the Tribunal for a review of a decision of the Minister to refuse an application by the person for a water-use registration. (2) The holder of a water use registration may apply for a review of a decision of the Minister— (a) to vary the registration; or (b) on the Minister's own motion, to cancel the registration; or (c) to impose conditions on the registration. S. 64AY inserted by No. 99/2005 s. 54. 64AY Time period for making an application for review An application for review under section 64AX 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 11—Rule making powers of Minister S. 64AZ inserted by No. 99/2005 s. 54. 64AZ Rule making powers for water‑use licences and water-use registrations (a) as to the circumstances in which the Minister will give consents under this Part; (b) as to any other matters the Minister is authorised to make rules for under this Part. Part 5—Works Division 1—General 65 Advertisement etc. of application S. 65(1)(a) amended by No. 5/2002 s. 34(a)(b). (a) under section 67 for the issue of a licence to construct, alter, operate, remove or decommission works, a bore or a private dam; or (b) under section 72(1) for the renewal of a licence referred to in paragraph (a); or (c) under section 74(3) for approval of the transfer of a licence referred to in paragraph (a); or (d) under section 76(1) for approval to dispose of any matter underground by means of a bore. (2) The Minister may require an applicant to give notice of an application to which this section applies in any manner specified by the Minister. (3) A notice given under subsection (2) may invite submissions on the application to be made in the manner specified in the notice within the period specified in the notice.