Water (Drillers' Licences) Regulations 2022

The instrument is short and revolves around a few core regulatory concepts as they apply to drillers' licences. The primary concepts are fee prescription by fee units, Board‑administered testing of applicants, and delegated rule‑making consistent with the Water Act 1989.

Fee prescription by fee units: The Regulations do not state dollar amounts; they prescribe fees in "fee units" (regulations 6 and 8). The explanatory details explain that fee units are defined under the Monetary Units Act 2004, and that the amount payable is calculated by multiplying the number of prescribed fee units by the value of a fee unit for the relevant financial year (Explanatory details: Fee Units). The explanatory material provides concrete fee unit values for two financial years: $15.03 for the year commencing 1 July 2021 and $15.29 for the year commencing 1 July 2022, and confirms rounding to the nearest 10 cents (Explanatory details: Fee Units). This structure separates the legislative prescription of the fee quantum (11 units) from the annual executive determination of the monetary value of a unit, producing variability in the dollar amount without amendment of the Regulations themselves.

Board testing discretion: Regulation 7 authorises the Drillers' Licensing Board to require an applicant to "undergo, at a time and place to be determined by the Board, an oral, written or practical test" covering three subject areas (reg 7). The Board therefore has discretion on the timing, location and format of assessments, and the Regulations define the permitted scope of test content: water bore materials and design, drilling and bore construction methods and techniques, and "an understanding of the relevant parts of the Act" (reg 7). The test is not described in procedural detail; the Regulations state permitted formats and topics only.

Delegated rule‑making and revocation: The Regulations are made under s 324 of the Water Act 1989 (reg 2), operate from 27 June 2022 (reg 3) and revoke the 2012 regulations (reg 4). The explanatory endnotes invoke the Subordinate Legislation Act 1994 as to sundown and the Interpretation of Legislation Act 1984 for style and interpretive matters (Endnotes 1; Interpretation of Legislation Act 1984 section commentary). The Regulations therefore function as subordinate legislative instruments that tie to broader statutory frameworks for interpretation, monetary units and subordinate legislation lifecycle.

Cross‑referencing: The Regulations expressly connect to particular provisions of the Water Act 1989 when prescribing fees and tests: reg 6 is "for the purposes of section 311(2) of the Act," reg 7 is "for the purposes of section 312(1) of the Act," and reg 8 is "for the purposes of section 315 of the Act" (regs 6-8). The Regulations thus occupy a confined role: they supply detail called for by those sections of the principal Act, rather than attempting to restate broader licensing rules.

Absence of other regulatory matters: The Regulations contain no provisions dealing with application forms, evidence requirements, exemptions, concessions, fee waivers, appeals, disciplinary procedure, or the content of licence conditions. They also do not include penalty provisions or enforcement mechanisms. Those matters remain within the Water Act or other instruments, or within the administrative practice of the Drillers' Licensing Board as authorised by the Act.

The Regulations affect four primary groups directly and several others indirectly.

Applicants and licensees: The most immediate group affected are individuals and entities who apply for, or renew, drillers' licences under the Water Act 1989. Regulation 6 makes applicants liable to pay an application fee expressed as 11 fee units; regulation 8 makes licensees (or those seeking renewal) liable to pay a renewal fee of 11 fee units. The explanatory details provide the mechanism for converting fee units into dollars (Monetary Units Act 2004) and disclose values for two financial years; therefore the actual dollar cost borne by applicants or renewers will vary annually depending on the fee unit value fixed by the Treasurer (Explanatory details: Fee Units).

Prospective applicants preparing for assessment: Regulation 7 allows the Drillers' Licensing Board to require applicants to sit an oral, written or practical test focusing on bore materials and design, drilling and bore construction methods and techniques, and an understanding of the relevant parts of the Act. That means prospective applicants must prepare technically and legislatively, and budget for the time and possible travel associated with an assessment scheduled by the Board at a time and place of its choosing. The Regulations do not limit the number of times an applicant may be required to attend or the pass standard; those details are left to the Board or the Act.

The Drillers' Licensing Board and administering agencies: The Board gains explicit statutory authority under reg 7 to require tests and to set time and place; reg 6 and reg 8 operationalise fee inputs for the Board’s administrative processes. Administrative staff who collect fees, schedule tests, maintain records and publish fee information must implement the fee calculation and rounding conventions set out in the Monetary Units Act 2004, and ensure the Board’s testing practice aligns with the topics authorised in reg 7.

Treasurer and Executive government: The Regulations rely on the Treasurer’s annual determination of the value of a fee unit under the Monetary Units Act 2004 (Explanatory details). The Treasurer’s published fee unit directly affects the dollar cost to applicants and renewers. The explanatory material emphasises the Treasurer must publish the fee unit value in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year (Explanatory details: Fee Units). Thus the Executive controls real-dollar fees without amending these Regulations.

Other stakeholders: Entities that contract or employ drillers will be indirectly affected because licence costs and testing requirements alter labour costs and compliance steps. Industry training providers and certifiers may see demand for pre‑test training tailored to the three subjects listed in reg 7. Regulators that interact with licensed drillers in water resource management will be affected to the extent the Board’s tests shape the skill profile of licence holders.

Those not directly affected: The Regulations do not define licensing criteria, conditions, or enforcement powers themselves; persons involved in enforcement or dispute resolution under the Water Act are affected only insofar as the Regulations change fee levels and the Board’s power to test applicants. The Regulations do not, for example, alter substantive water rights or allocation mechanisms in the Water Act.

The Regulations create a limited set of duties and confer procedural powers; substantive rights and broader duties remain governed by the Water Act 1989 and other instruments. The Regulations impose a monetary duty on applicants and renewers and confer powers on the Drillers' Licensing Board to require assessments. They also create administrative obligations for the Executive regarding fee unit publication, by reference in the explanatory material to the Monetary Units Act 2004.

Monetary duties: A person applying for a driller's licence is required, for the purposes of section 311(2) of the Act, to pay the prescribed application fee of 11 fee units (regulation 6). A person renewing a licence is required, for the purposes of section 315 of the Act, to pay the prescribed renewal fee of 11 fee units (regulation 8). The Regulations do not themselves set dollar‑amount payments; rather they create the duty in terms of fee units. The explanatory details make plain how the dollar amount is calculated: multiply the number of fee units by the value of a fee unit under the Monetary Units Act 2004 and round to the nearest 10 cents (Explanatory details: Fee Units). Thus the duty involves two steps: (1) the statutory prescription of 11 fee units, and (2) the executive determination and publication of the fee unit value that converts that duty into a cash figure.

Board powers and applicant obligations: Regulation 7 states the Board "may require an applicant for a driller's licence to undergo" an oral, written or practical test at a time and place determined by the Board, and specifies the topics of the test. This provision confers a procedural power on the Board and imposes an obligation on applicants to submit to assessment if required. The Regulation does not state the consequences of failing a test, the frequency of allowable attempts, any appeals process or standard of competency; those matters are left to the Water Act 1989 or the Board’s operational rules.

Administrative publication duty (executive): While not stated as a regulation, the explanatory details refer to the Treasurer’s duty under the Monetary Units Act 2004 to fix the value of a fee unit each financial year and to publish it in the Government Gazette and a Victorian newspaper before 1 June in the preceding year. That executive duty is operationally significant because it produces the actual dollar figure that licence applicants and renewers must pay.

Rights not altered or created by these Regulations: The Regulations do not create rights to fee waivers, refunds, deferred payments, or exemptions. They do not create or alter procedural rights such as appeal rights against Board decisions, rights to receive the test materials in advance, or rights to have the Board’s decisions reviewed. Those procedural and substantive rights, if any, must be found in the Water Act or in other subordinate instruments. The Regulations also do not confer rights on third parties to challenge fee levels set via the fee unit mechanism; any legal challenge would rely on other statutory routes or judicial grounds not present in this instrument.

Revocation effect: Regulation 4 revokes the 2012 Regulations. Persons who relied on the prior regulations must now observe the duties and powers established by these 2022 Regulations, and the Board must operate under the current text for fees and testing powers.

The Water (Drillers' Licences) Regulations 2022 do not themselves prescribe penalties, enforcement mechanisms, or specific sanctioning processes. The Regulations are limited to prescribing the fee quantum in fee units for application and renewal (regs 6 and 8) and to authorising the Board to require applicants to submit to certain tests (reg 7). There are no provisions in the text that impose fines, prescribe offences, or set out compliance enforcement procedures within the Regulations themselves.

Because the Regulations are made under s 324 of the Water Act 1989 (reg 2), enforcement and sanctioning provisions concerning licences, unlicensed conduct, disciplinary processes and penalties must be found in the Water Act 1989 or in other instruments that the Act authorises. The Regulations consistently couple each fee prescription to specific sections of the Act: reg 6 is "for the purposes of section 311(2) of the Act," reg 7 is "for the purposes of section 312(1) of the Act," and reg 8 is "for the purposes of section 315 of the Act." Those sections of the Act will be the primary source for any penalties, procedural safeguards, appeal rights, or enforcement powers relating to licensing. The Regulations themselves do not reproduce or summarise those Act provisions.

Operational enforcement implications for administrators: In practice, enforcement of the monetary duties created by the Regulations will occur through the administrative processes of the Board and its staff. Collection of the prescribed fee in fee units will require application forms or processing systems to calculate the dollar amount using the fee unit value published by the Treasurer under the Monetary Units Act 2004 (Explanatory details: Fee Units). Administrative enforcement may thus involve refusing to process applications that are incomplete or unpaid, though any authority to refuse or accept based on payment status will derive from the Act rather than the Regulations, which only specify the quantum.

Testing enforcement: Regulation 7 authorises the Board to require applicants to undergo tests; it does not state what happens if an applicant refuses to undergo a test, fails a test, or does not attend. Enforcement options, including potential refusal to grant a licence or conditions on licence issuance, would rely on the Act’s provisions. The Regulations therefore create the procedural power to assess competence but leave sanctions and remedies to the parent statute.

Absence of specific penalties in the Regulations: The absence of in‑instrument penalty provisions reduces the regulatory text’s direct enforcement footprint. Practitioners should consult the Water Act 1989 (and any procedural rules made under it) to identify penalties, infringement mechanisms, or tribunal review opportunities that interact with the duties imposed or powers enabled by these Regulations.

These Regulations are explicitly subordinate to and intended to operate within several other legislative instruments. The text and the endnotes identify the principal statutes and interpretive instruments that determine how the Regulations function in practice.

Water Act 1989: The Regulations are made under section 324 of the Water Act 1989 (regulation 2). They are framed as subordinate details for sections of the Act: regulation 6 is prescribed "for the purposes of section 311(2) of the Act," regulation 7 is "for the purposes of section 312(1) of the Act," and regulation 8 is "for the purposes of section 315 of the Act" (regs 6-8). This structure means the Regulations supply the particular detail the Act requires in those sections. Any interpretive question about licensing eligibility, consequences of failing tests, or enforcement should be resolved by reference to the Water Act provisions cited and any other provisions in the Act that govern licensing process and enforcement.

Monetary Units Act 2004: The explanatory details make plain that fees are expressed in fee units and must be converted into currency values under the Monetary Units Act 2004. The explanatory notes state that "the amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit" and that "the value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004." The Treasurer must publish the fee unit value in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. The Regulations therefore interact procedurally with Treasury processes and executive publication requirements to convert statutory fee units into payable dollar amounts.

Subordinate Legislation Act 1994: The explanatory endnotes state the Regulations will sunset 10 years after the day of making pursuant to the Subordinate Legislation Act 1994 (endnotes, General information). That legislative regime imposes a lifecycle constraint: the Regulations will expire on 21 June 2032 unless remade or otherwise extended in accordance with the Subordinate Legislation Act.

Interpretation of Legislation Act 1984: The endnotes include a discussion of interpretive and style matters under the Interpretation of Legislation Act 1984, noting that headings, examples, notes, punctuation and provision numbers form part of the Statutory Rule from 1 January 2001 and subsequent amendments. This matters for statutory interpretation,headings and notes in the Regulations are formally part of the instrument,and for how any future amendment to the Regulations would be read.

Revoked instruments: Regulation 4 revokes the Water (Drillers' Licences) Regulations 2012. Practically, any transitional provisions or existing licences established under the 2012 Regulations are affected by that revocation only to the extent that the Water Act or other transitional arrangements provide. The Regulations themselves do not set out transitional arrangements.

Absence of other cross-references: The Regulations do not reference other licensing, occupational health and safety, or environmental protection statutes. Where those regimes are relevant to driller conduct, their interaction is external to the text and must be analysed by comparing the Water Act 1989 and other applicable statutes. The Regulations function narrowly to operationalise fee units and the Board’s testing powers within the Water Act framework.

The Regulations themselves are a single instrument made on 21 June 2022 and brought into operation on 27 June 2022 (Endnotes, General information; reg 3). The instrument revokes the predecessor instrument, the Water (Drillers' Licences) Regulations 2012 (reg 4). The endnotes’ "Table of Amendments" records that there are no amendments made to the Water (Drillers' Licences) Regulations 2022 by statutory rules, subordinate instruments or Acts (Endnotes, Table of Amendments). That means, as of the version provided (version as at 27 June 2022), the instrument has not been subsequently amended.

Sunset provision: The explanatory endnotes note that the Regulations will sunset ten years after the day of making, on 21 June 2032, under section 5 of the Subordinate Legislation Act 1994 (Endnotes, General information). That sunset date imposes a temporal limit unless the instrument is remade or extended under the Subordinate Legislation Act 1994. The practical implication is that any lasting policy or procedural arrangements must be reviewed, and if intended to persist beyond the sunset, will require active legislative or executive steps.

Fee unit valuation changes: The Regulations prescribe fees in fee units rather than dollars. The explanatory details show the value of a fee unit for the financial year commencing 1 July 2021 was $15.03 and for the financial year commencing 1 July 2022 was $15.29 (Explanatory details: Fee Units). That creates a built‑in mechanism for the effective dollar amount to change each financial year without amendment to the Regulations. Consequently, future changes to dollar fees will generally be recorded as changes to the fee unit by the Treasurer under the Monetary Units Act 2004, and not as amendments to the Regulations themselves.

No recorded statutory amendments: The absence of listed amendments in the instrument’s Table of Amendments indicates this Regulation was current and unamended at the time of publication. Practitioners should however consult up-to-date legal databases for any subsequent statutory rules or ministerial determinations that may affect fee unit values, Board practice in testing, or related procedural matters referenced by the Water Act.

Transitional or repeal implications: The revocation of the 2012 Regulations is recorded at reg 4. The Regulations themselves do not include express transitional provisions relating to licences issued or pending under the 2012 instrument. Any such transitional arrangements must therefore be sought in the Water Act 1989 or in administrative practice documented by the Board or the Department.

The Regulations and their endnotes do not record any litigation history. The statutory instrument and endnotes give dates of making, commencement, revocation of the prior instrument, and the sunsetting provision, but provide no reference to judicial review, administrative law challenges, or reported cases concerning these Regulations. The "Table of Amendments" also does not list any litigation-induced changes.

Because the Regulations are expressly limited to fee unit prescriptions and Board powers to require tests, litigation that might arise would likely concern procedural fairness, the legality of Board testing practices under the Water Act 1989, or disputes over fee calculation and publication under the Monetary Units Act 2004. None of those disputes, however, are documented within this instrument. The absence of in‑instrument litigation history does not preclude future or external proceedings related to the Regulations; it simply means this statutory rule does not itself provide any case law or reported decisions.

For present practical purposes, researchers and practitioners seeking case law that interprets these Regulations or the specific cross‑referenced Water Act provisions should consult judicial databases and tribunal decisions concerning the Water Act 1989, the Drillers' Licensing Board, or related administrative decisions. The Regulations as provided do not include or cite any cases and therefore contain no internal litigation precedent.

Several practical traps and points of legal‑technical detail arise directly from the text and explanatory material. These are concrete mechanisms by which uncertainty, administrative discretion or cost variation can affect applicants, the Board and third parties.

Fee quantum expressed in fee units, not dollars: The Regulations prescribe fees in fee units (regs 6 and 8). The dollar cost is determined by the Treasurer’s annual fee unit value under the Monetary Units Act 2004 (Explanatory details: Fee Units). This produces two practical implications. First, the monetary amount payable for application and renewal will change without amendment to these Regulations. Second, those calculating cost obligations must apply the correct fee unit value for the financial year in which the fee is payable and apply the rounding rule (to the nearest 10 cents). Examples given in the explanatory details show 11 fee units equalled $165.33 for the FY commencing 1 July 2021 (11 × $15.03) and $168.19 for the FY commencing 1 July 2022 (11 × $15.29), with rounding to the nearest 10 cents producing $165.30 and $168.20 respectively. Practitioners should not assume a fixed dollar amount from the Regulations alone.

Publication deadlines and practical uncertainty: The explanatory details require the Treasurer to publish the fee unit value in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. If the Treasurer misses this publication deadline or changes the value late, administrative processes for applications spanning end of financial year may face uncertainty. Systems that calculate fees automatically must reference the published value rather than relying on past years’ figures.

Board discretion on time, place and format of tests: Regulation 7 permits the Board to require an oral, written or practical test "at a time and place to be determined by the Board." The Regulation does not constrain the Board’s scheduling obligations or fairness requirements, nor does it specify the number of attempts allowed, pass marks, or timing between attempts. That open discretion can create practical difficulties for applicants needing to travel, arrange time off work, or undertake training. The Regulation also does not require notice periods; absence of express minimum notice may become a procedural fairness issue, but the Regulations do not themselves supply remedial mechanisms.

Ambiguous scope of "relevant parts of the Act": Regulation 7(c) requires tests to cover "an understanding of the relevant parts of the Act." The phrase is indeterminate in the instrument. It raises questions about which specific sections of the Water Act 1989 the Board will deem "relevant" for testing purposes. This ambiguity could widen the scope of assessments and increase preparatory costs for applicants if the Board interprets "relevant" broadly.

No procedural or remedial detail in the Regulations: The Regulations do not specify what happens if an applicant fails a test, disputes the outcome, or objects to a fee assessment or calculation. They also do not stipulate what documentation must accompany fee payment, or whether fees are refundable. Those procedural gaps mean practitioners must consult the Water Act 1989, Board rules, or administrative communications to identify appeal routes, refund policies, or consequences of failing to pay.

Revocation without transitional clauses: Regulation 4 revokes the 2012 Regulations but contains no transitional provisions. Practitioners dealing with licences issued under the old regime should check the Water Act or the administering department for practice notes or transitional arrangements. The lack of explicit transitional text in the instrument is a practical gap.

Sunset date: The Regulations will sunset on 21 June 2032 under the Subordinate Legislation Act 1994 unless remade. That creates a window in which the regime must be reviewed and potentially remade, otherwise the fee‑setting and Board-testing authorisations in this instrument will expire.

Dependence on external instruments for conversion and interpretation: Because fee conversion, rounding and publication obligations are set by the Monetary Units Act 2004 and the Treasurer, and interpretive inputs are governed by the Interpretation of Legislation Act 1984, errors in following those instruments or in communicating fee values can create compliance risk that is not visible from these Regulations alone.

No in‑instrument penalties or enforcement guidance: The absence of explicit penalty provisions in the Regulations means compliance consequences depend on the Water Act and administrative practice. Users should not assume the Regulations create or limit enforcement powers.

A practical compliance checklist follows, tied to the specific regulatory text and the explanatory material. This is a process‑oriented set of steps for applicants, licence holders seeking renewal, and administrators.

1. Confirm entitlement to apply or renew under the Water Act 1989:

   • The Regulations fix fees and testing powers; they do not define eligibility. Before payment or test preparation, confirm that the applicant satisfies the Water Act's substantive requirements for grant or renewal under sections referenced in the Regulations (see regs 6-8 which tie to ss 311(2), 312(1) and 315 of the Act). If in doubt, consult the Act or the Drillers' Licensing Board.

2. Determine the applicable fee unit value:

   • The Regulations prescribe 11 fee units for both application and renewal (regs 6 and 8). To convert this to dollars, check the Treasurer’s published fee unit value for the financial year in which the fee falls, under the Monetary Units Act 2004 (Explanatory details: Fee Units). The Treasurer’s value must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Use that published figure.

3. Calculate and round the fee:

   • Multiply 11 (the prescribed fee units) by the published fee unit value for the relevant financial year. Apply the rounding rule to the nearest 10 cents as stated in the explanatory details. Record and retain evidence of the fee calculation and the source of the fee unit value (Gazette pagination or published notice).

4. Prepare for the Board’s test if required:

   • Regulation 7 permits the Board to require the applicant to undergo an oral, written or practical test on: (a) water bore materials and design; (b) drilling and bore construction method and techniques; and (c) an understanding of the relevant parts of the Act. Prepare training or materials covering those topics. Because the Board determines time and place, clarify scheduling policies with the Board early to manage travel and attendance.

5. Seek procedural detail from the Board:

   • The Regulations do not set pass standards, number of allowed attempts, notice periods, or the consequences of failing. Contact the Drillers' Licensing Board to obtain procedural rules, guidelines, or practice notes. Request written confirmation of test format, notice period, appeal or review rights, and any fees associated with re‑attempts or rescheduling.

6. Documentation and payment:

   • Ensure payment is made according to the Board’s accepted methods and that receipts or proofs of payment are preserved. The Regulations do not specify refund or waiver entitlements, so request written policy on refunds if an application is withdrawn or refused.

7. Administrative coordination (for Boards and departments):

   • Implement systems that automatically fetch the current fee unit value when calculating fees, and ensure application forms reference "11 fee units" and provide a calculated dollar value on the application date based on the published fee unit. Publish or provide applicants with clear instructions on how fees are calculated and rounded. Establish scheduling protocols for tests and recordkeeping procedures that document notice given and outcomes.

8. Monitor legislative and publication timetables:

   • The fee unit value is published before 1 June in the preceding financial year. Establish internal processes to review the Government Gazette and the specified newspaper publication once the Treasurer’s determination is expected. Also be aware of the instrument’s sunsetting date on 21 June 2032 under the Subordinate Legislation Act 1994 to plan for any required rule‑making or legislative change.

9. Check for any transitional arrangements or departmental guidance following revocation of 2012 Regulations:

   • Because regulation 4 revokes the 2012 Regulations but contains no transitional text, check departmental websites, Board circulars, or the Water Act for any guidance on how existing licences or pending applications are treated.

10. Record retention and dispute preparation:

    • Keep a formal record of fee unit values used, fee calculations, payment confirmations, correspondence with the Board about testing and scheduling, and copies of any test materials or outcomes. If there is a dispute about whether the proper fee has been charged or whether a test was properly administered, these documents will be the starting point for internal review, administrative appeal or judicial review, subject to the rights and procedures established by the Water Act and other law.

By following these steps, applicants and administrators align operational practice with the limited but concrete requirements and delegations in the Regulations. The key practical compliance pressures are accurate conversion and rounding of fee units into dollars and preparedness for Board‑scheduled tests on the subject areas specified in regulation 7.