Victorian Current Acts

WATER ACT 1989 - SECT 331

    (1)     A groundwater supply protection area declared by Order under section 27(1) that is in force immediately before the commencement of section 10 of the Water (Irrigation Farm
Dams) Act 2002 is deemed, on and from that commencement, to be a water supply protection area for the protection of the groundwater resources in the area concerned and may be abolished, or its boundaries amended, in accordance with Division 3 of Part 3 accordingly.

    (2)     A management plan approved by the Minister under section 30(4) that is in force immediately before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2002 is deemed, on and from that commencement, to be an approved management plan for groundwater resources for the relevant water supply protection area and may be amended or revoked in accordance with Division 3 of Part 3 accordingly.

    (3)     A notice of an application for the declaration of an area to be a groundwater supply protection area—

        (a)     that was published under section 27(3)(b)(i) as in force at any time before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2002 ; and

        (b)     in relation to which an Order declaring the area to be a groundwater supply protection area had not been made before that commencement—

is deemed, on that commencement, to be a notice published under section 27(4)(a)(i).

    (4)     A notice to amend the boundaries of, or abolish, a groundwater supply protection area—

        (a)     that was published in accordance with section 28(2) as in force at any time before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2002 ; and

        (b)     in relation to which an Order amending the boundaries of, or abolishing, the groundwater supply protection area (as the case requires) had not been made before that commencement—

is deemed, on that commencement, to be a notice published under section 28(2) (as substituted by section 10 of the Water (Irrigation Farm Dams) Act 2002 ).

    (5)     A consultative committee appointed under section 29(1), as in force before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2002 , and existing immediately before that commencement is deemed, on that commencement, to be a consultative committee appointed under section 29(1) (as substituted by section 10 of the Water (Irrigation Farm Dams) Act 2002 ).

    (6)     A draft management plan that—

        (a)     had been prepared under Division 3 of Part 3 at any time before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2002 ; and

        (b)     had not been approved by the Minister under section 30(5) before that commencement—

is deemed, on that commencement, to be a draft management plan prepared under Division 3 of Part 3 (as substituted by section 10 of the Water (Irrigation Farm Dams) Act 2002 ).

    (7)     An Authority that immediately before the commencement of section 10 of the Water (Irrigation Farm Dams) Act 2002 had the duty of administering and enforcing an approved management plan under section 30 as in force immediately before that commencement must—

        (a)     prepare a report in respect of its activities in carrying out its duties for the period beginning on that commencement and ending on 30 June next; and

        (b)     give a copy of that report to the Minister and any relevant Catchment Management Authority in accordance with section 32C(2); and

        (c)     release and make available the report in accordance with section 32D.

    (8)     A person who—

        (a)     at any time during the period of 10 years immediately before the commencement of section 32 of the Water (Irrigation Farm Dams) Act 2002 was taking and using water from a spring or soak or water from a dam (other than water supplied to the dam from a waterway or a bore), for a use other than domestic and stock use; and

        (b)     before 1 July 2003 applies for a licence under section 51(1)(ba) in relation to the spring or soak or dam—

is not liable to pay an application fee in respect of the application.

    (9)     A licence issued under section 67 to abandon any works, private dam or a bore that is in force immediately before the commencement of section 35 of the Water (Irrigation Farm Dams) Act 2002 is, on and from that commencement, deemed to be a licence to decommission those works, or that private dam or bore.

Ss 332, 333 inserted by No. 85/2006 s. 130, repealed by No. 23/2019 s. 114.

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S. 334 inserted by No. 32/2010 s. 73.