Victorian Numbered Acts Victorian Numbered ActsAfter Part 11 of the Principal Act insert —
(1) The Minister may determine an area of land on which use of water on the land under water-use licences causes or may cause an increase in salinity to land or water to be a salinity impact zone.
(2) Notice of the making of a determination under subsection (1) must be published in the Government Gazette.
(3) A determination under subsection (1) has effect—
(a) on the day on which notice of its making is published in the Government Gazette; or
(b) if a later day is specified in the determination, that day.
(4) A determination under subsection (1) may be amended in the same manner as that in which it is made.
(5) In a determination under subsection (1), a salinity impact zone may be described by reference to a plan lodged in the Central Plan Office.
(6) The Minister must—
(a) publish a copy of each determination under subsection (1) on the Internet site of the Department, together with any plan referred to in the determination; and
(b) maintain the copy of the determination and the plan on the Internet site for so long as the determination remains in force.
(1) The Minister has the following functions in relation to salinity mitigation—
(a) to carry out works and measures to mitigate or offset salinity impacts of irrigation;
(b) in relation to actions described in paragraph (a)—
(i) to carry out research, investigation and assessment into those actions or the need for those actions; or
(ii) to meet the State's obligations under the Murray-Darling Basin Agreement in relation to those actions;
(c) to operate and maintain works carried out under paragraph (a) or other works to mitigate or offset salinity impacts of irrigation;
(d) to monitor groundwater, surface water and irrigation development for salinity impacts of irrigation;
(e) to develop and manage programs—
(i) to mitigate or offset salinity impacts of irrigation; and
(ii) to improve irrigation, drainage and other salinity mitigation or offsetting practices;
(f) to monitor, evaluate, report on and account for programs or other actions to mitigate or offset salinity impacts of irrigation;
(g) in relation to actions described in paragraphs (c), (d), (e), and (f)—
(i) to carry out research, investigation and assessment into those actions or the need for those actions; or
(ii) to meet the State's obligations under the Murray-Darling Basin Agreement.
(2) The Minister has all the powers that are necessary to carry out the functions set out in subsection (1).
(1) The Minister may, by determination under this Division, fix—
(a) a charge for the carrying out of the functions set out in section 232A(1)(a) and (b); and
(b) a charge for the carrying out of the functions set out in section 232A(1)(c), (d), (e), (f) and (g).
(2) In the determination under subsection (1)(a), a capital works salinity impact charge may be fixed by reference to—
(a) a fixed amount; or
(b) an amount fixed by reference to all or any of the following—
(i) the salinity impact zone in which land subject to the charge is situated;
(ii) the class of change in use of water on land subject to the charge;
(iii) annual use limits for water-use licences subject to the charge;
(iv) any other relevant matter; or
(c) an amount fixed by reference to a formula calculated having regard to the matters set out in paragraph (b); or
(d) any combination of amounts referred to in paragraphs (a), (b) and (c).
(3) In the determination under subsection (1)(b), an annual salinity impact charge may be fixed by reference to—
(a) a fixed amount; or
(b) an amount fixed by reference to all or any of the following—
(i) the salinity impact zone in which land subject to the charge is situated;
(ii) the class of change in use of water on land subject to the charge;
(iii) annual use limits for water-use licences subject to the charge;
(iv) any other relevant matter; or
(c) any combination of amounts referred to in paragraphs (a) and (b).
(4) A capital works salinity impact charge or annual salinity impact charge may be fixed by reference to one case or a class of cases.
(5) Subject to this Act, a determination under this section may make provision for or with respect to any of the following—
(a) persons or classes of persons who are excepted from paying a charge;
(b) the method of payment of a charge, including payment by instalments;
(c) any other necessary matter or thing.
(6) A determination under this section must—
(a) be in writing; and
(b) be published in the Government Gazette.
(1) An amount fixed in a determination under section 232B(1)(a) or (b) may be adjusted, for each financial year that follows the financial year in which the determination is made, by the sum of the published consumer price index numbers for the consecutive reference periods in the period—
(a) commencing on 1 January in the financial year 2 years earlier than the financial year in respect of which the adjustment is being made; and
(b) ending on the next following 31 December in the financial year immediately preceding the financial year in respect of which the adjustment is being made.
(2) For the purposes of subsection (1), the published consumer price index numbers for the consecutive reference periods are the numbers last published by the Australian Bureau of Statics as at 15 April immediately preceding the financial year in respect of which the adjustment is being made.
(1) A capital works salinity impact charge may be imposed as follows—
(a) on the holder of the water-use licence that is issued and that authorises the use of water on land in a salinity impact zone;
(b) on the holder of a water-use licence, if an annual use limit for the water-use licence authorises the use of water on land in a salinity impact zone and the limit is varied to increase the limit;
(c) on the holder of a water-use licence, if the water-use licence is varied to authorise water to be used under the licence on land that is in a salinity impact zone.
(2) A capital works salinity impact charge may be imposed—
(a) under subsection (1)(a), on the making of the decision to issue the licence; and
(b) under subsection (1)(b), on the making of the decision to vary the annual use limit; and
(c) under subsection (1)(c), on the making of the decision to authorise the use of water in the salinity impact zone.
(1) An annual salinity impact charge may be imposed on the holder of a water-use licence if the water-use licence authorises water to be used on land in a salinity impact zone.
(2) An annual salinity impact charge may be imposed under subsection (1) on an annual basis.
In a determination under section 232B the Minister may set out cases or classes of cases in which a capital works salinity impact charge or an annual salinity impact charge that would otherwise be imposed on a licence holder under section 232D or 232E is not imposed on the licence holder.".