Water Industry (Reservoir Parks Land) Regulations 2024
S.R. No. 139/2024
Version as at
18 December 2024
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objective 1
2 Authorising provisions 1
3 Commencement 1
4 Definitions 1
5 Application of these Regulations to members of traditional owner groups 4
Part 2—Use of reservoir parks land 6
6 Camping on reservoir parks land 6
7 Fees for overnight camping in Upper Yarra Reservoir Park 6
8 Use of soap and detergents 7
9 Hygiene 7
10 Lighting or maintaining fires 8
11 Extinguishing fires 8
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Endnotes 10
1 General information 10
2 Table of Amendments 12
3 Explanatory details 13
Version No.001
Water Industry (Reservoir Parks Land) Regulations 2024
S.R. No. 139/2024
Version as at
18 December 2024
Part 1—Preliminary
1 Objective
The objective of these Regulations is to prescribe matters relating to the management of reservoir parks land, including—
(a) camping and the use of fire on reservoir parks land; and
(b) fees for camping in certain areas of reservoir parks land.
2 Authorising provisions
These Regulations are made under sections 136 and 184 of the Water Industry Act 1994.
3 Commencement
These Regulations come into operation on 18 December 2024.
4 Definitions
In these Regulations—
agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;
ANZAC Day has the same meaning as in section 6(h) of the Public Holidays Act 1993;
camp means do any of the following for the purposes of accommodation—
(a) erect, occupy or use a tent, tarpaulin or similar form of shelter or temporary structure;
(b) occupy or use a swag or sleeping bag;
(c) occupy or use a vehicle, vessel or other moveable form of shelter;
eligible person has the same meaning as in section 3 of the State Concessions Act 2004;
fire declaration means—
(a) a declaration under section 4 of the Country Fire Authority Act 1958; or
(b) a declaration under section 40 of the Country Fire Authority Act 1958;
fireplace means a facility constructed of stone, metal, concrete or other non-flammable material that is for the lighting and maintaining of fires;
Labour Day has the same meaning as in section 6(d) of the Public Holidays Act 1993;
Melbourne Cup Day has the same meaning as in section 6(j) of the Public Holidays Act 1993;
off-peak season means the period commencing on 1 May and ending on 31 October in each year (excluding any days that are part of a peak season or shoulder season);
overnight booking, in relation to a specified campsite, means an arrangement with Parks Victoria for the purpose of overnight camping;
Parks Victoria has the same meaning as in the Parks Victoria Act 2018;
peak season means the following periods—
(a) Friday and Saturday nights during the period commencing on the last Friday in October each year and ending at the end of February of the following year;
(b) the Sunday and Monday nights immediately before Melbourne Cup Day;
(c) the Friday, Saturday and Sunday nights immediately before Labour Day;
(d) if ANZAC Day falls on a Friday, the Thursday night immediately before ANZAC Day, ANZAC Day and the Saturday immediately after ANZAC Day;
(e) if ANZAC Day falls on a Monday, the Friday, Saturday and Sunday nights immediately before ANZAC Day;
(f) the period between the end of school term one and the beginning of school term two in each year;
(g) the period between the end of school term four and the beginning of school term one in the following year;
school term means a term of a Government school as determined under the Education and Training Reform Act 2006;
shoulder season means the following periods—
(a) the period commencing on 1 November each year and ending on 30 April of the following year (excluding any days that are part of a peak season);
(b) the period between the end of school term three and the beginning of school term four in each year;
specified campsite means a campsite that is—
(a) on reservoir parks land; and
(b) within a campground provided and managed by Parks Victoria;
traditional owner group has the same meaning as in section 3 of the Traditional Owner Settlement Act 2010;
traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;
traditional owner group entity has the same meaning as in section 3 of the Traditional Owner Settlement Act 2010;
Upper Yarra Reservoir Park means the land delineated by heavy black lines on the plan lodged in the Central Plan Office and numbered LEGL./11-099, excluding the area shown as excluded on that plan.
5 Application of these Regulations to members of traditional owner groups
If a traditional owner group entity has entered into a traditional owner group agreement that applies to reservoir parks land, the following regulations do not apply to a member of the traditional owner group who is bound by the agreement and who carries out an agreed activity under the agreement on that land—
(a) regulation 7;
(b) regulation 10 (if the member lights or maintains a fire for the purposes of undertaking cultural activities).
Part 2—Use of reservoir parks land
6 Camping on reservoir parks land
(1) A person must not camp on reservoir parks land other than in a specified campsite.
Penalty: 10 penalty units.
(2) A person must not camp in a specified campsite for more than 30 consecutive nights.
Penalty: 10 penalty units.
(3) A person who makes an overnight booking for a specified campsite must not allow more than 6 persons to camp overnight in the campsite.
Penalty: 5 penalty units.
7 Fees for overnight camping in Upper Yarra Reservoir Park
(1) A person must not camp overnight in a specified campsite in the Upper Yarra Reservoir Park unless the fee specified in subregulation (2) has been paid to Parks Victoria.
Penalty: 5 penalty units.
(2) The fee for overnight camping by up to 6 persons in a specified campsite in the Upper Yarra Reservoir Park is—
(a) for an overnight booking made by an eligible person—
(i) during the peak season, 1∙85 fee units; or
(ii) during the off-peak season, 1∙67 fee units; or
(iii) during the shoulder season, 1∙76 fee units; or
(b) for an overnight booking made by any other person—
(i) during the peak season, 2∙06 fee units; or
(ii) during the off-peak season, 1∙85 fee units; or
(iii) during the shoulder season, 1∙96 fee units.
8 Use of soap and detergents
A person who uses any soap, detergent or similar substance on reservoir parks land must not dispose of the soap, detergent or similar substance unless the person does so—
(a) in a toilet, shower or other facility provided for that purpose; or
(b) at least 50 metres from any waterway and at least 50 metres landward of the full supply level of any water storage.
Penalty: 10 penalty units.
9 Hygiene
A person must not deposit or leave behind faeces on reservoir parks land unless—
(a) if the person is in an area in which toilet facilities are provided and readily available, the person does so in those facilities; or
(b) if the person is not in an area in which toilet facilities are provided and readily available, the person does so by burying those faeces—
(i) at least 100 metres from any waterway; and
(ii) at least 100 metres landward of the full supply level of any water storage.
Penalty: 10 penalty units.
10 Lighting or maintaining fires
(1) A person must not light or maintain a fire on reservoir parks land unless the person lights or maintains the fire—
(a) in a barbeque that is placed in a stable position and is using fuel that the barbeque is designed to use; or
(b) in a fireplace.
Penalty: 20 penalty units.
(2) A person who lights or maintains a fire in a barbeque or fireplace on reservoir parks land must ensure that the fire is contained in the barbeque or fireplace.
Penalty: 20 penalty units.
(3) Subregulations (1) and (2) do not apply in relation to any reservoir parks land that is in an area for which there is a fire declaration in force.
Note
See Part III of the Country Fire Authority Act 1958 in relation to areas for which there is a fire declaration in force.
11 Extinguishing fires
(1) A person who lights, kindles, maintains or uses a fire on reservoir parks land must not leave the place of the fire unless—
(a) the fire is completely extinguished; or
(b) another person who has the capacity and means to extinguish the fire remains at the place of the fire.
Penalty: 20 penalty units.
(2) A person who lights, kindles, maintains, uses or is in charge of a fire on reservoir parks land must extinguish the fire immediately when requested to do so by an authorised officer or police officer.
Penalty: 20 penalty units.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Water Industry (Reservoir Parks Land) Regulations 2024, S.R. No. 139/2024 were made on 17 December 2024 by the Governor in Council under sections 136 and 184 of the Water Industry Act 1994, No. 121/1994 and came into operation on 18 December 2024: regulation 3.
The Water Industry (Reservoir Parks Land) Regulations 2024 will sunset 10 years after the day of making on 17 December 2034 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Water Industry (Reservoir Parks Land) Regulations 2024 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. 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.
The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.
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 value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.