Victorian Current Acts

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WATER ACT 1989 - SECT 33DY

Seasonal watering statements

    (1)     The Water Holder may issue a seasonal watering statement for any part of the State in respect of the whole or a part of a water season.

    (2)     A seasonal watering statement may authorise an Authority that has a waterway management district to apply or use water in the Water Holdings or otherwise exercise rights in the Water Holdings within the waterway management district of the Authority on behalf of the Water Holder.

    (3)     A seasonal watering statement must include, in respect of the part of the State and the water season to which the statement relates—

        (a)     the Authority that may apply or use water in the Water Holdings or otherwise exercise rights in the Water Holdings on behalf of the Water Holder; and

        (b)     in respect of water that is to be applied or used, the rights that are to be exercised under the rights or entitlements in the Water Holdings and any other rights in the Water Holdings that are to be exercised; and

        (c)     the purpose for which, the amounts of which and the circumstances in which water under rights and entitlements referred to in paragraph (b) is to be applied or used; and

        (d)     any other information required to be included by any relevant rules made under Division 6.

    (4)     A seasonal watering statement may be made at any time during the water season to which the statement relates.

    (5)     A seasonal watering statement must be consistent with a seasonal watering plan for the same water season to which the statement relates.

    (6)     Before making a seasonal watering statement the Water Holder must—

        (a)     ensure the statement is consistent with any requirements set out in a bulk entitlement or an environmental entitlement held by the Water Holder; and

        (b)     comply with any procedural or consultative requirements under any relevant rules made under Division 6; and

        (c)     have regard to any matters required under any relevant rules made under Division 6.

    (7)     In the event of any inconsistency between seasonal watering statements, the most recent statement is to prevail to the extent of that inconsistency.

    (8)     The Water Holder must make a seasonal watering statement publicly available at the office of the Water Holder or on its website.

S. 33DZ inserted by No. 50/2010 s. 4.



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