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WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2019 (NO. 23 OF 2019) - SECT 51

Substitution of Divisions 1AA, 1, 1A, 2, 3 and 4 of Part 6A

For Divisions 1AA, 1, 1A, 2, 3 and 4 of Part 6A of the Principal Act substitute

" Division 1—Water supply, sewerage, irrigation and waterway management districts

        122G     Determination of districts

    (1)     The Minister may determine—

        (a)     a water supply district for an Authority that is a water corporation; or

        (b)     a sewerage district for an Authority that is a water corporation; or

        (c)     an irrigation district for an Authority that is a water corporation; or

        (d)     a waterway management district for an Authority.

    (2)     A district determined under subsection (1) must be described in the determination by reference to a plan lodged in the Central Plan Office.

    (3)     A determination under subsection (1) must be published in the Government Gazette.

    (4)     A determination under subsection (1) takes effect from the date specified in the determination, which must be no earlier than the date of publication of the determination.

        122H     Effect of determination on existing districts

On a determination under section 122G taking effect in relation to an Authority, any district that the Authority had, immediately before the taking effect of the determination, that was of the same kind as the new district and—

        (a)     that is wholly comprised by the new district, is taken to be replaced by the new district; or

        (b)     that is partly comprised by the new district, is taken to be replaced by the new district, to the extent of that part.

        122I     Variation or abolition of district

    (1)     The Minister, by determination, may vary or abolish the whole or a part of a water supply district, sewerage district, irrigation district or waterway management district of an Authority.

    (2)     The variation or abolition of a district under a determination under subsection (1) must be described in the determination by reference to a plan lodged in the Central Plan Office.

    (3)     A determination under subsection (1) must be published in the Government Gazette.

    (4)     A determination under subsection (1) takes effect from the date specified in the determination, which must be no earlier than the date of publication of the determination.

        122J     Procedural requirements before making a determination under this Division

Before making a determination under this Division, the Minister—

        (a)     must consult with the Authority for which the district is to be determined, or that has the district that is to be varied or abolished; and

        (b)     must consult with any other Authority that has a district that may be affected by the determination; and

        (c)     may consult with any other person, as the Minister considers fit.

        122K     Considerations in making determination under this Division

In making a determination under this Division, the Minister must have regard to—

        (a)     any submissions received during the course of consulting under section 122J; and

        (b)     the public interest.

        122L     Saving of districts—Water and Catchment Legislation Amendment Act 2019

    (1)     On the commencement of section 5(1) of the  Water and Catchment Legislation Amendment Act 2019 , a water corporation is taken to have, as a water supply district, each water district that the water corporation had immediately before that commencement, as if each district were determined as a water supply district under this Division.

    (2)     On the commencement of section 5(1) of the  Water and Catchment Legislation Amendment Act 2019 , a water corporation is taken to have any sewerage district or irrigation district that the water corporation had immediately before that commencement, as if that sewerage district or irrigation district were determined as a sewerage district or irrigation district under this Division.

    (3)     On the commencement of section 5(1) of the  Water and Catchment Legislation Amendment Act 2019 , an Authority is taken to have any waterway management district that the Authority had immediately before that commencement, as if that waterway management district were determined as a waterway management district under this Division.

        122M     Waterway management district of Melbourne Water Corporation

The waterway management district of Melbourne Water Corporation is the land shown delineated in red on the plan lodged in the Central Plan Office and numbered LEGL./05-406.".



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