Victorian Numbered Acts

WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2019 (NO. 23 OF 2019) - SECT 124

After section 27 of the Catchment and Land Protection Act 1994 insert —

        " 27A     Special water supply catchment areas in Melbourne Water Corporation's waterway management district

    (1)     Melbourne Water Corporation may recommend to the Minister that—

        (a)     land in its waterway management district should be declared a special water supply catchment area; or

        (b)     the declaration of a special water supply catchment area in Melbourne Water Corporation's waterway management district should be revoked or amended.

    (2)     The Minister must consider the recommendation, having regard to how the existing or potential use of the area may adversely affect—

        (a)     water quality or aquatic habitats in the area; or

        (b)     aquifer recharge areas or aquifer discharge areas in the area.

    (3)     After complying with subsection (2) the Minister may accept or reject Melbourne Water Corporation's recommendation.

    (4)     If the Minister accepts Melbourne Water Corporation's recommendation the Minister may recommend that the Governor in Council make an Order under this section.

    (5)     On the Minister's recommendation under subsection (4) the Governor in Council, by Order published in the Government Gazette, may—

        (a)     declare land to be a special water supply catchment area; or

        (b)     revoke or amend that declaration.

    (6)     A declaration under subsection (5) may include roads and roadsides as part of a special water supply catchment area.

    (7)     In this Act or any other enactment, in relation to special water supply catchment area plans made under section 12B and land use conditions imposed under special water supply catchment area plans made under that section—

        (a)     a reference to "special area plan" includes a reference to special water supply catchment area plan made under section 12B; and

        (b)     a reference to "Authority" includes Melbourne Water Corporation ; and

        (c)     a reference to "region" or catchment and land protection region includes a reference to the waterway management district of Melbourne Water Corporation under the Water Act 1989 .".