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WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2019 (NO. 23 OF 2019) - SECT 5

Definitions

    (1)     In section 3(1) of the Principal Act—

        (a)     for the definition of irrigation district substitute

""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;";

        (b)     for the definition of sewerage district substitute

""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;";

        (c)     the definition of water district is repealed ;

        (d)     insert the following definition—

""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;";

        (e)     for the definition of waterway management district substitute

""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;";

        (f)     the definition of Coliban water district is repealed .

    (2)     In section 3(1) of the Principal Act, for the definition of "serviced property" substitute

""serviced property" means—

        (a)     land that is declared to be serviced property under a notice under section 144 or 179; and

        (b)     in relation to the waterway management district of Melbourne Water Corporation, the land that is serviced property under section 144A;".

    (3)     In section 3(1) of the Principal Act insert the following definitions—

""environmental area" means land determined to be an environmental area under section 122ZA;

"recreational area" means land determined to be a recreational area under section 122ZA;".

    (4)     In section 3(1) of the Principal Act insert the following definition—

""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;".

    (5)     In section 3(1) of the Principal Act insert the following definitions—

""determination of native title" has the same meaning as in section 225 of the Native Title Act 1993 of the Commonwealth;

"native title holder" has the same meaning as in section 224 of the Native Title Act 1993 of the Commonwealth;

"recognition and settlement agreement" has the same meaning as in the Traditional Owner Settlement Act 2010 ;

"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;".

    (6)     In section 3(1) of the Principal Act, in the definition of "in-stream uses", for paragraph (b) substitute

    "(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".

    (7)     In section 3(1) of the Principal Act insert the following definitions—

""Aboriginal person" has the same meaning as in the Aboriginal Heritage Act 2006 ;

"northern water resources" means the water resources referred to in the definition of Basin water resources in the Water Act 2007 of the Commonwealth;".

    (8)     In section 3(1) of the Principal Act insert the following definitions—

""annual salinity impact" charge means a charge fixed in a determination under section 232B(1)(b);

capital works salinity impact charge means a charge fixed in a determination under section 232B(1)(a);

salinity impact charge means—

        (a)     a capital works salinity impact charge; or

        (b)     an annual salinity impact charge;

salinity impact zone means an area of land that is determined to be a salinity impact zone under section 232;".

    (9)     In section 3(1) of the Principal Act insert the following definition—

""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);".

    (10)     In section 3(1) of the Principal Act, in the definition of "authorised person", after "an Authority" insert "or the Minister".



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