Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of Aboriginal person inserted by No. 23/2019 s. 5(7).
"Aboriginal person" has the same meaning as in the Aboriginal Heritage Act 2006 ;
S. 3(1) def. of Adminis-trative Appeals Tribunal repealed by No.
52/1998
s. 311(Sch. 1 item 105.1(a)).
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S. 3(1) def. of analyst amended by
No. 110/1997
s. 13.
"analyst" means an analyst approved by an Authority to carry out analyses on behalf of the Authority for the purposes of this Act;
S. 3(1) def. of annual salinity impact charge inserted by No. 23/2019
s. 5(8).
"annual salinity impact" charge means a charge fixed in a determination under section 232B(1)(b);
S. 3(1) def. of annual use limit inserted by No. 99/2005 s. 38(1)(a).
"annual use limit", in relation to—
(a) a water-use licence, means the maximum volume of water that in any 12 month period may be applied to the land specified in the licence under a condition on the licence imposed under section 64AD, or as determined in accordance with the conversion rules applicable to the licence (as the case requires); and
(b) a water-use registration, means the maximum volume of water that may be used on the land specified in the registration in any 12 month period under a condition on the registration imposed under section 64AT or as determined in accordance with the conversion rules applicable to the registration (as the case requires);
S. 3(1) def. of approved form inserted by No. 99/2005 s. 38(1)(a).
"approved form", in Part 5A, means a form approved by a recording body;
S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 112.
approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of approved interstate right inserted by No. 48/2021 s. 4(a).
"approved interstate right" means an equivalent interstate right that has been approved under section 33AG as a right under which the holder may take water in Victoria;
S. 3(1) def. of approved place inserted by No. 48/2021 s. 5(1) (as amended by No. 10/2023 s. 4).
"approved place" means a place approved under a general place of take approval as a place from which water may be taken;
"aquifer" means a geological structure or formation or an artificial land fill permeated or capable of being permeated permanently or intermittently with water;
S. 3(1) def. of area of interest inserted by No. 85/2006 s. 3(a), repealed by No. 17/2012 s. 3(3)(a).
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"area of land liable to flooding" means an area that is declared by the Minister under section 205 to be an area of land liable to flooding;
S. 3(1) def. of associated water share inserted by No. 99/2005 s. 38(1)(a), repealed by No. 48/2021 s. 5(3).
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S. 3(1) def. of associated water system inserted by No. 99/2005 s. 38(1)(a), amended by No. 48/2021 s. 5(2).
"associated water system", in relation to a water share, means the declared water system determined by the Minister under section 33G to be the water system for which the share is issued or, if the Minister has determined that the water share is to be converted to a water share with a different associated water system, that water system;
"authorised", in relation to any act, means authorised (whether generally or specifically) by this or any other Act or by a licence, permit or other authority granted under this or any other Act and, in determining whether or not the construction of a dam is authorised, no account is to be taken of any direction given under section 80(1) or (2) or of the fact that any such direction has been complied with;
S. 3(1) def. of authorised person amended by No. 23/2019 s. 5(10).
"authorised person" means a person authorised in writing by an Authority or the Minister for the purpose of the provision in which the expression appears;
S. 3(1) def. of authorised water officer inserted by No. 29/2007 s. 13.
"authorised water officer" means a person appointed as an authorised water officer under section 291A;
S. 3(1) def. of Authority amended by Nos 50/1992 s. 10(Sch. item 11.1(a)), 49/1994 s. 4(1)(a), 25/2001 s. 3(1), substituted by No. 85/2006 s. 3(b).
"Authority" means a water corporation or a Catchment Management Authority;
S. 3(1) def. of Basin Plan inserted by No. 48/2021 s. 5(1) (as amended by No. 10/2023 s. 4).
"Basin Plan" has the same meaning as in the Water Act 2007 of the Commonwealth;
S. 3(1) def. of Basin water resource plan inserted by No. 48/2021 s. 5(1) (as amended by No. 10/2023 s. 4).
"Basin water resource plan" has the same meaning as water resource plan has in the Water Act 2007 of the Commonwealth;
S. 3(1) def. of biosolids inserted by No. 85/2006 s. 3(a).
"biosolids" means stabilised organic solids derived from the treatment of sewage;
S. 3(1) def. of board of directors inserted by No. 85/2006 s. 3(a), amended by No. 48/2021 s. 64.
"board of directors" means—
(a) in relation to a water corporation, the board of directors established under Division 3 of Part 6 for that corporation; and
(b) in relation to a Catchment Management Authority, other than Melbourne Water Corporation,, the board established under Division 4 of Part 2 of the Catchment and Land Protection Act 1994 for that Authority;
"bore" means any bore, well or excavation or any artificially constructed or improved underground cavity used or to be used for the purpose of—
(a) the interception, collection, storage or extraction of groundwater; or
(b) groundwater observation or the collection of data concerning groundwater; or
(c) the drainage or desalination of any land; or
(d) in the case of a bore that does not form part of a septic tank system, the disposal of any matter below the surface of the ground; or
(e) the recharge of an aquifer—
but does not include a bore that is used solely for purposes other than those specified in paragraphs (a), (b) and (d);
"building line" means a building line that is declared by an Authority under section 203(1);
S. 3(1) def. of bulk entitlement amended by Nos 50/1992 s. 6(1), 62/1995 s. 4(a), substituted by No. 32/2010 s. 3(1).
"bulk entitlement" means an entitlement granted under Division 1 of Part 4;
S. 3(1) def. of capital works salinity impact charge inserted by No. 23/2019
s. 5(8).
capital works salinity impact charge means a charge fixed in a determination under section 232B(1)(a);
S. 3(1) def. of Catchment Management Authority inserted by No. 25/2001 s. 3(2).
"Catchment Management Authority" means an Authority within the meaning of the Catchment and Land Protection Act 1994 ;
S. 3(1) def. of Central Gippsland Region Water Authority inserted by No. 85/2006 s. 3(a).
"Central Gippsland Region Water Authority" means the Central Gippsland Region Water Authority constituted by Order made on 16 December 1994 by the Minister and published in the Government Gazette on 19 December 1994;
S. 3(1) def. of central plan office inserted by No. 85/2006 s. 3(a), amended by No. 70/2013 s. 4(Sch. 2 item 56.1), repealed by No. 53/2017 s. 94.
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S. 3(1) def. of Coliban water district repealed by No. 23/2019 s. 5(1)(f).
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S. 3(1) def. of Commission substituted as Corporation by No. 50/1992 s. 10(Sch. item 11.1(b)), repealed by No. 65/1995 s. 22(a)(i).
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S. 3(1) def. of Common-wealth Environ-mental Water Holder inserted by No. 50/2010 s. 3(1).
"Commonwealth Environmental Water Holder" means the Commonwealth Environmental Water Holder established under section 104 of the Water Act 2007 of the Commonwealth;
S. 3(1) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 111.1).
"Council" has the same meaning as in the Local Government Act 2020 ;
S. 3(1) def. of dam inserted by No. 5/2002 s. 4(a).
"dam" means anything in which by means of an excavation, a bank, a barrier or other works water is collected, stored or concentrated;
S. 3(1) def. of Dandenong Valley repealed by No. 54/1992 s. 56(a).
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S. 3(1) def. of declared area inserted by No. 17/2018 s. 30.
"declared area" has the same meaning as in the Planning and Environment Act 1987 ;
S. 3(1) def. of declared water system inserted by No. 99/2005 s. 38(1)(a).
"declared water system" means a water system that has, under a declaration under section 6A become a declared water system;
S. 3(1) def. of Department amended by
No. 46/1998
s. 7(Sch. 1), substituted by No. 108/2004 s. 117(1)
(Sch. 3 item 232.1), amended by No. 70/2013
s. 4(Sch. 2 item 56.2).
"Department" means the Department of Environment and Primary Industries;
S. 3(1) def. of Department Head
inserted by No. 76/1998
s. 29(a)(ii) , amended by No. 108/2004
s. 117(1) (Sch. 3 item 232.2).
"Department Head" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department;
S. 3(1) def. of designated land inserted by No. 85/2006 s. 3(a).
"designated land" means land that—
(a) in relation to an Authority, other than Melbourne Water Corporation, is declared under section 188 as designated land; and
(b) in relation to Melbourne Water Corporation, is designated land under section 188A;
S. 3(1) def. of designated waterway inserted by No. 85/2006 s. 3(a).
"designated waterway" means a waterway that—
(a) in relation to an Authority, other than Melbourne Water Corporation, is declared under section 188 as a designated waterway; and
(b) in relation to Melbourne Water Corporation, is a designated waterway under section 188A;
S. 3(1) def. of designated works inserted by No. 85/2006 s. 3(a).
"designated works" means works that—
(a) in relation to an Authority, other than Melbourne Water Corporation, are declared under section 188 as designated works; and
(b) in relation to Melbourne Water Corporation, are designated works under section 188A, or are declared as designated works under that section;
S. 3(1) def. of determination of native title inserted by No. 23/2019 s. 5(5).
"determination of native title" has the same meaning as in section 225 of the Native Title Act 1993 of the Commonwealth;
S. 3(1) def. of Director-General amended by Nos 62/1995 s. 4(b), 46/1998
s. 7(Sch. 1), repealed by No.
76/1998
s. 29(a)(i).
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S. 3(1) def. of domestic and stock use amended by No. 5/2002 s. 4(b).
"domestic and stock use", in relation to water, means use for—
(a) household purposes; or
(b) watering of animals kept as pets; or
(c) watering of cattle or other stock; or
(ca) in the case of the curtilage of a house and any outbuilding, watering an area not exceeding 1·2 hectares for fire prevention purposes with water obtained from a spring or soak or water from a dam; or
(d) irrigation of a kitchen garden—
but does not include use for dairies, piggeries, feed lots, poultry or any other intensive or commercial use;
S. 3(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 12.1), amended by No. 85/2006 s. 3(c), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 65.1), amended by No. 4/2009 s. 37(Sch. 1 item 29.1).
"domestic partner" of a person means—
(a) in sections 110 and 114—
(i) a person who is in a registered relationship with the person; or
(ii) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(A) for fee or reward; or
(B) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
(b) in section 128—
(i) a person who is in a registered domestic relationship with the person; or
(ii) a person to whom the person is not married but with whom the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
S. 3(1) def. of election inserted by No. 12/1992 s. 4, repealed by No. 85/2006 s. 3(d).
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S. 3(1) def. of emergency management plan inserted by No. 17/2012 s. 3(1).
"emergency management plan" means a plan made or remade under section 159A, 159B or 159D, whether or not the plan is subsequently amended or varied;
S. 3(1) def. of environment Minister inserted by No. 85/2006 s. 3(a).
"environment Minister" means the Minister administering Part 4 of the Catchment and Land Protection Act 1994 ;
S. 3(1) def. of Environment Protection Authority inserted by No. 99/2005 s. 3(a).
"Environment Protection Authority" has the same meaning as Authority has under the Environment Protection Act 1970 ;
S. 3(1) def. of environ-mental area inserted by No. 23/2019 s. 5(3).
"environmental area" means land determined to be an environmental area under section 122ZA;
S. 3(1) def. of environ-mental entitlement inserted by No. 99/2005 s. 3(a).
"environmental entitlement" means an entitlement under Division 1A of Part 4;
S. 3(1) def. of equivalent interstate right inserted by No. 48/2021 s. 4(a).
"equivalent interstate right" means a right in another State or Territory of the Commonwealth that is an equivalent right to—
(a) a water share and all water allocations made under that water share; or
(b) a water allocation under a water share;
S. 3(1) def. of Essential Services Commission inserted by No. 50/2011 s. 9.
"Essential Services Commission" means the Essential Services Commission established under the Essential Services Commission Act 2001 ;
S. 3(1) def. of external place of take approval inserted by No. 48/2021 s. 5(1) (as amended by No. 10/2023 s. 4).
"external place of take approval" means an approval given under section 64FZS;
"financial year", in relation to an Authority, means the year ending 30 June, unless the Minister determines otherwise for that particular Authority;
S. 3(1) def. of First Mildura Irrigation Trust inserted by No. 85/2006 s. 3(a), repealed by No. 17/2012 s. 3(3)(b).
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"flood fringe area" means an area of land that is declared by an Authority under section 203(1) to be a flood fringe area;
"flood level" means a flood level that is declared by an Authority under section 203(1);
S. 3(1) def. of floodway area inserted by No. 12/1996 s. 3(a).
"floodway area" means an area of land that is declared by the Minister under section 205 to be a floodway area;
"flow", in relation to water, includes discharge, release, escape, percolation, seepage and passage, and includes both surface and underground flow;
S. 3(1) def. of general place of take approval inserted by No. 48/2021 s. 5(1) (as amended by No. 10/2023 s. 4).
"general place of take approval" means an approval given under section 64FC;
S. 3(1) def. of generation company inserted by No. 48/2021 s. 5(1) (as amended by No. 10/2023 s. 4).
"generation company" has the same meaning as in the Electricity Industry Act 2000 ;
S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 112.
"Great Ocean Road coast and parks" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 112.
Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of Great Ocean Road region inserted by No. 19/2020 s. 112.
"Great Ocean Road region" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 112.
"Great Ocean Road scenic landscapes area" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
"groundwater" means any water occurring in or obtained from an aquifer and includes any matter dissolved or suspended in any such water;
S. 3(1) def. of groundwater supply protection area repealed by No. 5/2002 s. 4(c).
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S. 3(1) def. of holding repealed by No. 99/2005 s. 38(2)(a).
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S. 3(1) def. of houseboat inserted by No. 39/1996 s. 11(1).
"houseboat" means any boat containing a toilet or sleeping accommodation or capable of containing enclosed or semi-enclosed sleeping accommodation;
S. 3(1) def. of in-stream uses amended by No. 23/2019 s. 5(6).
"in-stream uses", in relation to water, includes—
(a) the maintenance of aquatic, riparian, floodplain and wetland ecosystems; and
(b) the maintenance of aesthetic and scientific values; and
(ba) the maintenance of Aboriginal cultural values and uses of waterways and other cultural values and uses of waterways; and
(c) water-based recreational activities; and
(d) fishing for commercial purposes; and
(e) the maintenance of water quality; and
(f) navigation;
S. 3(1) def. of irrigation inserted by No. 99/2005 s. 38(1)(a).
"irrigation" means the application of water to land—
(a) for the purpose of watering plants (other than in connection with domestic and stock use, plant nursery use or other prescribed uses); or
(b) any other prescribed agricultural purposes;
S. 3(1) def. of irrigation district substituted by Nos 85/2006 s. 3(e), 23/2019 s. 5(1)(a).
"irrigation district", in relation to a water corporation, means any district that is determined to be or taken to be an irrigation district of the water corporation under Part 6A, including (where the case so requires) any such district as varied under that Part;
S. 3(1) def. of irrigation period substituted by No. 12/1996 s. 3(b).
"irrigation period" means any period fixed by by‑law or (if the period does not exceed 12 months) fixed by the Authority by resolution published in a newspaper circulating generally in the area concerned, in respect of which an irrigation charge is made;
"kitchen garden" means a garden—
(a) that is used solely in connection with a dwelling; and
(b) no produce from which is sold; and
(c) in the case of a garden irrigated solely with surface water that is not part of an allotment that was alienated from the Crown before 15 December 1886, that is not bigger than 0·1 hectares; and
(d) in the case of a garden irrigated with both surface water and groundwater that is not part of an allotment that was alienated from the Crown before 15 December 1886, that is not bigger than 0·4 hectares; and
(e) in the case of a garden irrigated solely with groundwater, that is not bigger than 0·4 hectares; and
(f) in the case of a garden that is part of an allotment that was alienated from the Crown before 15 December 1886, that is not bigger than 1·2 hectares;
S. 3(1) def. of Latrobe Valley repealed by No. 17/2012 s. 3(3)(b).
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S. 3(1) def. of levee maintenance permit inserted by No. 53/2014 s. 3.
"levee maintenance permit" means a permit issued under section 84AAE;
"licensed driller" means a person who holds a licence granted under section 312;
S. 3(1) def. of licensee inserted by No. 121/1994 s. 186(a), repealed by No. 17/2012 s. 3(3)(b).
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S. 3(1) def. of limited term transfer inserted by No. 99/2005 s. 38(1)(a).
"limited term transfer", in relation to a water share, means the transfer of a right to future water allocations for a limited period under the share under section 33T;
S. 3(1) def. of Melbourne Water inserted by No. 5/2002 s. 4(a), substituted as Melbourne Water Corporation by No. 85/2006 s. 3(f).
"Melbourne Water Corporation" means the water corporation known as Melbourne Water Corporation;
S. 3(1) def. of member amended by Nos 50/1992 s. 10(Sch. item 11.1(c)), 65/1995 s. 22(a)(ii), repealed by No. 85/2006 s. 3(g).
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S. 3(1) def. of metropolitan water corporation inserted by No. 17/2012 s. 3(1).
"metropolitan water corporation" means a water corporation established by section 85(1A);
S. 3(1) def. of mineral water repealed by No. 24/2013 s. 3(1).
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S. 3(1) def. of municipal district inserted by No. 85/2006 s. 3(a), amended by No. 9/2020 s. 390(Sch. 1 item 111.1).
"municipal district", in relation to a Council, has the same meaning as in the Local Government Act 2020 ;
S. 3(1) def. of Murray-Darling Basin Agreement inserted by No. 75/2008 s. 21.
Murray-Darling Basin Agreement has the same meaning as Agreement has in the Murray-Darling Basin Act 1993 ;
S. 3(1) def. of native title holder inserted by No. 23/2019 s. 5(5).
"native title holder" has the same meaning as in section 224 of the Native Title Act 1993 of the Commonwealth;
S. 3(1) def. of nominal daily area water take inserted by No. 48/2021 s. 5(1) (as amended by No. 10/2023 s. 4).
"nominal daily area water take", for a rationing area, means the amount of water that, in the Minister's opinion, can reasonably be delivered to the rationing area on a daily basis;
S. 3(1) def. of nominated officer inserted by No. 85/2006 s. 3(a).
"nominated officer" means each senior officer of a water corporation who is nominated by the water corporation;
S. 3(1) def. of non-declared water system inserted by No. 99/2005 s. 38(1)(a).
"non-declared water system" means a water system that is not a declared water system;
S. 3(1) def. of non-metropolitan water corporation inserted by No. 17/2012 s. 3(1).
"non-metropolitan water corporation" means a water corporation that is not Melbourne Water Corporation or a metropolitan water corporation;
S. 3(1) def. of non water user limit inserted by No. 99/2005 s. 38(1)(a), repealed by No. 54/2009 s. 4(1).
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S. 3(1) def. of northern water resources inserted by No. 23/2019 s. 5(7).
"northern water resources" means the water resources referred to in the definition of Basin water resources in the Water Act 2007 of the Commonwealth;
S. 3(1) def. of notional rationing rate inserted by No. 48/2021 s. 5(1) (as amended by No. 10/2023 s. 4).
"notional rationing rate", in relation to a general place of take approval means the portion of the nominal daily area water take for the rationing area in which the approved place is situated that is set out in the approval, however the portion is expressed;
S. 3(1) def. of notional rationing rate declaration inserted by No. 48/2021 s. 5(1) (as amended by No. 10/2023 s. 4).
"notional rationing rate declaration" means a declaration under section 64FV;
"occupier"—
(a) in relation to any bore that is being constructed or altered, means the holder of a licence issued under section 67 in respect of the bore; and
(b) in relation to any bore that is not being constructed or altered means—
(i) the holder of a licence issued under section 51 in respect of the bore; or
(ii) any person disposing of any matter by means of the bore in accordance with an approval given under section 76; or
(iii) if there is no such licensee or person, the occupier of the land on which the bore is situated;
S. 3(1) def. of particular place of take approval inserted by No. 48/2021 s. 5(1) (as amended by No. 10/2023 s. 4).
"particular place of take approval" means an approval given under section 64FZJ;
S. 3(1) def. of permanent water saving plan inserted by No. 29/2007 s. 13.
"permanent water saving plan" means a plan prepared, adopted and (where the case so requires) varied under Part 8;
S. 3(1) def. of permissible annual volume inserted by No. 5/2002 s. 4(a), substituted as permissible consumptive volume by No. 99/2005 s. 3(b).
"permissible consumptive volume", in relation to—
(a) an area or water system; and
(b) a period of time—
specified in an Order under section 22A, means the volume specified in that Order for that area or water system for that period;
S. 3(1) def. of person substituted by No. 32/2010 s. 3(2), amended by No. 48/2021 s. 5(4).
"person"—
(a) in Part 3A, Division 1A of Part 4, Part 4AA, Part 4B, Part 5A and Schedule 12A, means an individual or an incorporated body;
(b) in any other part of the Act, means an individual, a body or an association (incorporated or unincorporated) or a partnership;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 182.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
"pollute", in relation to any water, means to alter (directly or indirectly) the physical, thermal, chemical, biological or radioactive properties of the water so as to make the water—
(a) less fit for any beneficial purpose for which it is, or may reasonably be expected to be, used; or
(b) harmful or potentially harmful to—
(i) the health, welfare or safety of human beings; or
(ii) animals, birds, wildlife, fish or other aquatic life; or
(iii) plants or other vegetation; or
(iv) other organisms;
S. 3(1) def. of private dam amended by Nos 121/1994 s. 186(b), 17/2012 s. 3(3)(c).
"private dam" means anything in which by means of an excavation, a bank, a barrier or other works water is collected, stored or concentrated but does not include—
(a) anything owned or operated by a public statutory body; or
(b) any works of an Authority; or
(c) a channel, drain or pipe; or
(d) a bore;
"public statutory body" includes a council;
S. 3(1) def. of rationing area inserted by No. 48/2021 s. 5(1) (as amended by No. 10/2023 s. 4).
"rationing area" means an area in a declared water system that has been declared by the Minister under section 6C(1) or 64FV to be a rationing area;
S. 3(1) def. of recognition and settlement agreement inserted by No. 23/2019 s. 5(5).
"recognition and settlement agreement" has the same meaning as in the Traditional Owner Settlement Act 2010 ;
S. 3(1) def. of recording body inserted by No. 99/2005 s. 38(1)(a), substituted by No. 48/2021 s. 4(b).
"recording body" means—
(a) in relation to the records and information in the water register relating to the details set out in Division 3 of Part 5A, the Registrar; or
(b) in relation to the records and information in the water register relating to the details set out in Division 4 of Part 5A, the Minister; or
(c) in relation to the records and information in the water register relating to the details set out in Division 5 of Part 5A, to the extent required for an Authority under that Division, that Authority;
S. 3(1) def. of recreational area inserted by No. 23/2019 s. 5(3).
"recreational area" means land determined to be a recreational area under section 122ZA;
S. 3(1) def. of recycled water inserted by No. 99/2005 s. 3(a).
"recycled water" means water derived from sewage or trade waste that has been treated for the purposes of re-use;
S. 3(1) def. of Regional Management Board inserted by No. 50/1992 s. 10(Sch. item 11.1(d)), repealed by No. 49/1994 s. 4(1)(b).
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S. 3(1) def. of register repealed by No. 99/2005 s. 38(2)(b).
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S. 3(1) def. of Registrar inserted by No. 99/2005 s. 38(1)(a).
"Registrar" means the person employed under Part 5A to be the Registrar of the water register;
S. 3(1) def. of registration licence inserted by No. 5/2002 s. 4(a), amended by No. 24/2013 s. 3(2).
registration licence means a licence issued under section 51(1A) , 51AA or 51AB;
S. 3(1) def. of related body corporate inserted by No. 99/2005 s. 38(1)(a).
"related body corporate" has the same meaning as in the Corporations Act;
S. 3(1) def. of related person inserted by No. 99/2005 s. 38(1)(a).
"related person" means a person who is related to another person in accordance with any of the following provisions—
(a) natural persons are related persons if one of them is a relative of the other;
(b) companies are related persons if they are related bodies corporate within the meaning of the Corporations Act;
(c) a natural person and a company are related persons if the natural person is a majority shareholder or director of the company or of another company that is a related body corporate of the company within the meaning of the Corporations Act;
(d) a natural person and a trustee are related persons if the natural person is a beneficiary of the trust (not being a public unit trust scheme) of which the trustee is a trustee;
(e) a company and a trustee are related persons if the company, or a majority shareholder or director of the company, is a beneficiary of the trust (not being a public unit trust scheme) of which the trustee is a trustee;
S. 3(1) def. of relative inserted by No. 99/2005 s. 38(1)(a).
"relative" in relation to a natural person, means a person who is—
(a) a child or remoter lineal descendant of the person or of the partner of the person;
(b) a parent or remoter lineal ancestor of the person or of the partner of the person;
(c) a brother or sister of the person or of the partner of the person;
(d) the partner of the person or a partner of any person referred to in paragraph (a), (b) or (c);
(e) a child of a brother or sister of the person or of the partner of the person;
(f) a brother or sister of a parent of the person or of a parent of the partner of the person;
S. 3(1) def. of relevant water allocation inserted by No. 48/2021 s. 5(1) (as amended by No. 10/2023 s. 4).
"relevant water allocation" means any water allocation other than a water allocation under a bulk entitlement or environmental entitlement that has not been assigned under this Act;
S. 3(1) def. of return period inserted by No. 85/2006 s. 3(a).
"return period", in relation to the ordinary return of a member of the board of directors of a water corporation or a nominated officer in section 114, means—
(a) if the last return of the member or nominated officer was a primary return, the period between the date of the primary return and the next 30 June; or
(b) if the last return of the member or nominated officer was an ordinary return, the period between the date of the ordinary return and the next 30 June;
S. 3(1) def. of salinity impact charge inserted by No. 23/2019 s. 5(8).
salinity impact charge means—
(a) a capital works salinity impact charge; or
(b) an annual salinity impact charge;
S. 3(1) def. of salinity impact zone inserted by No. 23/2019 s. 5(8).
salinity impact zone means an area of land that is determined to be a salinity impact zone under section 232;
S. 3(1) def. of seasonal determination inserted by No. 99/2005 s. 38(1)(a).
"seasonal determination" in relation to a water system, means a determination for that system made under section 64GB;
S. 3(1) def. of secretary repealed by No. 85/2006 s. 3(h).
* * * * *
"septic tank system" means a system for the bacterial, biological, chemical or physical treatment of sewage, and includes all tanks, beds, sewers, drains, pipes, fittings, appliances and land used in connection with the system;
S. 3(1) def. of serviced property amended by Nos 121/1994 s. 186(c), 12/1996 s. 4(1), 85/2006 s. 3(i), substituted by No. 23/2019 s. 5(2), amended by No. 48/2021 s. 7.
"serviced property" means—
(a) land that is declared to be serviced property under a notice under section 144 or 179, or by a declaration under 226(5); and
(b) in relation to the waterway management district of Melbourne Water Corporation, the land that is serviced property under section 144A;
Note
For land that is taken to be serviced property see sections 336 and 348.
"sewage" means any human excreta or domestic waterborne waste, whether untreated or partially treated, but does not include trade waste;
"sewer" means any pipe, channel, tunnel or other conduit which is constructed or provided for the conveyance of sewage or trade waste and is vested in or owned by an Authority;
S. 3(1) def. of sewerage district substituted by Nos 85/2006 s. 3(j), 17/2012 s. 3(2)(a), 23/2019 s. 5(1)(b).
"sewerage district", in relation to a water corporation, means any district that is determined to be or taken to be a sewerage district of the water corporation under Part 6A, including (where the case so requires) any such district as varied under that Part;
S. 3(1) def. of social and recreational uses and values inserted by No. 23/2019 s. 5(4).
"social and recreational uses and values", in relation to waterways, means—
(a) the uses of waterways for social and recreational purposes; and
(b) the economic, aesthetic and well-being benefits that the community derives from the use of waterways for social and recreational purposes;
S. 3(1) def. of specified Aboriginal party inserted by No. 23/2019 s. 5(5).
"specified Aboriginal party", in relation to an area, means any of the following—
(a) if there are native title holders for the whole or part of the area, the native title holders;
(b) if there is a traditional owner group entity appointed for the whole or part of the area and that traditional owner group entity is a party to a recognition and settlement agreement, the traditional owner group entity;
(c) if there is a registered Aboriginal party within the meaning of the Aboriginal Heritage Act 2006 for the whole or part of the area, the registered Aboriginal party;
S. 3(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 12.1).
"spouse" of a person means a person to whom the person is married;
S. 3(1) def. of standard water-use condition inserted by No. 99/2005 s. 38(1)(a).
"standard water-use condition" means a condition determined by the Minister under Division 4 of Part 4B;
S. 3(1) def. of standing assignment inserted by No. 48/2021 s. 4(a).
"standing assignment" means an assignment of water allocations under section 33TA(1);
S. 3(1) def. of standing direction inserted by No. 28/2014 s. 3, repealed by No. 48/2021 s. 4(b).
* * * * *
S. 3(1) def. of State observation bore inserted by No. 5/2002 s. 4(a), amended by No. 108/2004 s. 117(1) (Sch. 3 item 232.3).
"State observation bore" means a bore constructed at any time, whether before or after the commencement of section 4(a) of the Water (Irrigation Farm Dams) Act 2002 , by or on behalf of the Department that is used or intended to be used to monitor the level, quantity or quality of groundwater;
S. 3(1) def. of Statement of Planning Policy inserted by No. 17/2018 s. 30.
"Statement of Planning Policy" has the same meaning as in the Planning and Environment Act 1987 ;
S. 3(1) def. of storage manager inserted by No. 85/2006 s. 3(a).
"storage manager" means—
(a) where an Authority is appointed under Part 6C as a storage manager, the Authority in relation to any land for which it is so appointed;
(b) in any other case, an Authority where it is exercising the functions of a storage manager under Part 8;
S. 3(1) def. of trade waste amended by No. 17/2012 s. 3(3)(d).
"trade waste" means—
(a) any waterborne waste (other than sewage) which is suitable, according to the criteria of an Authority, for discharge into the Authority's sewerage system; or
(ab) any other matter that is prescribed by regulations made under this Act to be trade waste; or
(b) any other matter which is declared by a by-law made under this Act to be trade waste;
S. 3(1) def. of traditional owner group inserted by No. 4/2013 s. 34(1).
"traditional owner group" has the same meaning as in the Traditional Owner Settlement Act 2010 ;
S. 3(1) def. of traditional owner group entity inserted by No. 62/2010 s. 130.
"traditional owner group entity" has the same meaning as in the Traditional Owner Settlement Act 2010 ;
S. 3(1) def. of Tribunal inserted by
No. 52/1998
s. 311(Sch. 1 item 105.1(b)).
"Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 ;
S. 3(1) def. of Victorian Environ-mental Water Holdings inserted by No. 50/2010 s. 3(1).
"Victorian Environmental Water Holdings" means—
(a) any environmental entitlements allocated to the Water Holder; and
(b) any interests in water shares held by the Water Holder; and
(c) any licences to take and use water under section 51 held by the Water Holder; and
(d) any other rights under this Act held by the Water Holder; and
(e) any agreements between the Water Holder and any other person to supply water to the Water Holder; and
(f) any bulk entitlement that is taken to be granted to the Water Holder by the operation of Schedule 4;
"water" means water, whether or not it contains impurities;
S. 3(1) def. of water allocation inserted by No. 99/2005 s. 38(1)(a), substituted by Nos 85/2006 s. 3(k), 32/2010 s. 3(3).
"water allocation"—
(a) in relation to an environmental entitlement means—
(i) the volume of water determined under a seasonal determination to be available for the entitlement; or
(ii) if no seasonal determination is made for the entitlement, the water that is available to be taken in any water season, under the terms of the entitlement; or
(b) in relation to a bulk entitlement means—
(i) the volume of water determined under a seasonal determination to be available for the entitlement; or
(ii) if no seasonal determination is made for the entitlement, the water that is available to be taken in any water season, under the terms of the entitlement; or
(c) in relation to a water share, means the amount of water allocated to the water share at any particular time, in accordance with Division 7 of Part 3A;
S. 3(1) def. of water allocation assignment inserted by No. 99/2005 s. 38(1)(a).
"water allocation assignment", in relation to a water share, means an assignment of the water allocation for the share under section 33U or section 33V;
S. 3(1) def. of water corporation inserted by No. 85/2006 s. 3(a).
"water corporation" means a water corporation established or re-structured under Division 1 of Part 6;
S. 3(1) def. of water district substituted by Nos 85/2006 s. 3(l), 17/2012 s. 3(2)(b), repealed by No. 23/2019 s. 5(1)(c).
* * * * *
S. 3(1) def. of Water Holder inserted by No. 50/2010 s. 3(1).
"Water Holder" means the Victorian Environmental Water Holder established under section 33DB(1);
S. 3(1) def. of Water Holdings inserted by No. 50/2010 s. 3(1).
"Water Holdings" means the Victorian Environmental Water Holdings;
S. 3(1) def. of water infringement offence inserted by No. 23/2019 s. 5(9).
"water infringement offence "means an offence against any of the following—
(a) section 33E(3), to which section 33EB applies;
(b) section 63(3), to which section 63B applies;
(c) section 289(3) or 289B(3), to which section 289C applies;
(d) any other provision of this Act, or the regulations or the by-laws made under this Act, that is prescribed for the purposes of section 295A(1);
S. 3(1) def. of water register inserted by No. 99/2005 s. 38(1)(a).
"water register" means the Victorian water register established under Part 5A;
S. 3(1) def. of water season inserted by No. 99/2005 s. 38(1)(a).
"water season" means any period of 12 calendar months beginning on 1 July in any year and ending on 30 June in the following year;
S. 3(1) def. of water share inserted by No. 99/2005 s. 38(1)(a).
"water share" means a water share issued under Division 2 of Part 3A;
S. 3(1) def. of water supply district inserted by No. 23/2019 s. 5(1)(d).
"water supply district", in relation to a water corporation, means any district that is determined to be or taken to be a water supply district of the water corporation under Part 6A, including (where the case so requires) any such district as varied under that Part;
S. 3(1) def. of water supply protection area inserted by No. 5/2002 s. 4(a).
"water supply protection area" means an area declared to be a water supply protection area by an Order made under section 27(1);
S. 3(1) def. of water system zone inserted by No. 48/2021 s. 5(1) (as amended by No. 10/2023 s. 4).
"water system zone", in relation to a declared water system, means an area in that system that has been declared under section 6B(1) to be a zone in that system, or if that area has been amended by a declaration under section 6B(2), the area as amended;
S. 3(1) def. of water-use licence inserted by No. 99/2005 s. 38(1)(a).
"water-use licence" means a licence granted under Division 2 of Part 4B;
S. 3(1) def. of water-use objective inserted by No. 99/2005 s. 38(1)(a).
"water-use objective" means an objective determined by the Minister under Division 3 of Part 4B;
S. 3(1) def. of water-use registration inserted by No. 99/2005 s. 38(1)(a).
"water-use registration" means a registration granted under Division 9 of Part 4B;
"waterway" means [1] —
(a) a river, creek, stream or watercourse; or
(b) a natural channel in which water regularly flows, whether or not the flow is continuous; or
(c) a channel formed wholly or partly by the alteration or relocation of a waterway as described in paragraph (a) or (b); or
(d) a lake, lagoon, swamp or marsh, being—
(i) a natural collection of water (other than water collected and contained in a private dam or a natural depression on private land) into or through or out of which a current that forms the whole or part of the flow of a river, creek, stream or watercourse passes, whether or not the flow is continuous; or
(ii) a collection of water (other than water collected and contained in a private dam or a natural depression on private land) that the Governor in Council declares under section 4(1) to be a lake, lagoon, swamp or marsh; or
(e) land on which, as a result of works constructed on a waterway as described in paragraph (a), (b) or (c), water collects regularly, whether or not the collection is continuous; or
(f) land which is regularly covered by water from a waterway as described in paragraph (a), (b), (c), (d) or (e) but does not include any artificial channel or work which diverts water away from such a waterway; or
(g) if any land described in paragraph (f) forms part of a slope rising from the waterway to a definite lip, the land up to that lip;
S. 3(1) def. of waterway management district substituted by Nos 85/2006 s. 3(m), 23/2019 s. 5(1)(e).
"waterway management district", in relation to an Authority, means any district that is determined to be or taken to be a waterway management district of the Authority under Part 6A, including (where the case so requires) any such district as varied under that Part;
S. 3(1) def. of works amended by No. 5/2002 s. 4(d).
"works" includes—
(a) reservoirs, dams, bores, channels, sewers, drains, pipes, conduits, fire plugs, machinery, equipment and apparatus, whether on, above or under land; and
(b) works described in section 10, whether on, above or under land; and
(c) fencing;
S. 3(1) def. of Yallourn works area repealed by No. 17/2012 s. 3(3)(b).
* * * * *
S. 3(1) def. of Yarra protection principles inserted by No. 49/2017 s. 93.
"Yarra protection principles" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;
S. 3(1) def. of Yarra River land inserted by No. 49/2017 s. 93.
"Yarra River land" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;
S. 3(1) def. of Yarra Strategic Plan inserted by No. 49/2017 s. 93.
"Yarra Strategic Plan" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;
S. 3(1) def. of Yarra Strategic Plan area inserted by No. 49/2017 s. 93.
"Yarra Strategic Plan area" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 .
S. 3(1A) inserted by No. 46/1998
s. 7(Sch. 1), amended by Nos
76/1998
s. 29(b), 108/2004 s. 117(1) (Sch. 3 item 232.4),
70/2013 s. 4(Sch. 2 item 56.3).
(1A) If under the Public Administration Act 2004 the name of the Department of Environment and Primary Industries is changed, the reference in the definition of department and Department Head in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.
S. 3(2) repealed by No. 17/2012 s. 3(4).
* * * * *
S. 3(3) inserted by No. 72/2001 s. 3(Sch. item 12.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 65.2).
(3) For the purposes of the definition of domestic partner in subsection (1)—
(a) "registered relationship" has the same meaning as in the Relationships Act 2008 ; and
S. 3(3)(aa) inserted by No. 4/2009 s. 37(Sch. 1 item 29.2(a)).
(aa) "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and
S. 3(3)(b) amended by No. 4/2009 s. 37(Sch. 1 item 29.2(b)).
(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and
(c) a person is not a domestic partner of another person only because they are co-tenants.
S. 3(4) inserted by No. 99/2005 s. 38(3), repealed by No. 54/2009 s. 4(2), new s. 3(4) inserted by No. 50/2010 s. 3(2).
(4) In the case of land specified in a water-use registration, "occupier" includes any person within the definition of occupier set out in section 64APAA.
S. 3(5) inserted by No. 48/2021 s. 5(5).
(5) To avoid doubt, in this Act, unless the context otherwise requires—
(a) a reference to a water share includes the following—
(i) a water share, the ownership of which has been transferred under section 33S;
(ii) a water share in respect of which a limited term transfer under section 33T has been made; and
(b) a reference to a water allocation includes a water allocation that has been assigned under this Act, including by a further assignment or standing assignment under this Act.
Note
See section 33AG(3) and (4) for approved interstate rights that are taken to be water shares or water allocations.