Victorian Current Acts Victorian Current Acts(1) The Crown has the right to the use, flow and control of all water in a waterway and all groundwater [2] .
(2) Subject to subsection (3), the right of the Crown to the use, flow and control of all water referred to in subsection (1) is not diminished by the fact that—
(a) by or under this or any other Act rights to water are conferred on other persons; or
(b) under this Act the Minister may issue licences for the taking or use of water; or
(c) under this or any other Act approval may be given for works or activities that affect the use, flow or control of water.
(3) The Crown must not exercise a right conferred by subsection (1) so as to limit a right to water conferred on any other person by section 8(1)(b), (c) or (d) or section 8(4)(c).
S. 7(4) inserted by No. 99/2005 s. 5.
(4) Despite anything to the contrary in this or any other Act—
(a) a right to water must not be conferred on another person by or under this or any other Act; and
(b) a licence for the taking or use of water must not be issued by or under this or any other Act; and
(c) an approval must not be given for works or activities that affect the use, flow or control of water under this or any other Act—
unless regard is had to the need to maintain the environmental water reserve in accordance with the environmental water reserve objective.