S. 3(1) def. of emergency management plan inserted by No. 29/2007 s. 3, repealed by No. 17/2012 s. 70(1). * * * * * S. 3(1) def. of licence repealed by No. 17/2012 s. 70(1). s. 3 * * * * * S. 3(1) def. of licensee inserted by No. 29/2007 s. 3, repealed by No. 17/2012 s. 70(1). * * * * * S. 3(1) def. of MMBW Act repealed by No. 85/2006 s. 173(Sch. 1 item 15.1(a)). * * * * * S. 3(1) def. of officer amended by No. 44/2001 s. 3(Sch. item 128.1(b)). officer, in relation to a body corporate, has the meaning given by section 82A of the Corporations Act; S. 3(1) def. of permanent water saving plan inserted by No. 29/2007 s. 3, repealed by No. 17/2012 s. 70(1). * * * * *
S. 3(1) def. of principal works repealed by No. 17/2012 s. 70(1). * * * * * S. 3(1) def. of rating authority inserted by No. 44/1998 s. 28(1), substituted by No. 66/2000 s. 3(c). s. 3 rating authority means the Minister administering Part 4; S. 3(1) def. of retail licence repealed by No. 17/2012 s. 70(1). * * * * * S. 3(1) def. of Secretary inserted by No. 44/1998 s. 28(1). Secretary has the same meaning as has in the Conservation, Forests and Lands Act 1987; S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 74(1). Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; S. 3(1) def. of security deposit repealed by No. 17/2012 s. 70(1). * * * * *
(b) the regulated water industry is a regulated industry. (2) For the purposes of the definition of regulated industry in the Essential Services Commission Act 2001, the regulated water industry is deemed to be operating under this Act. S. 4B(3) amended by No. 85/2006 s. 173(Sch. 1 item 15.2), repealed by No. 50/2011 s. 5(2). * * * * * S. 4C inserted by No. 48/2003 s. 3. s. 4C 4C Objectives of the Commission The objectives of the Commission under this Act in relation to the regulated water industry are— (a) wherever possible, to ensure that the costs of regulation do not exceed the benefits; (b) to ensure that regulatory decision making and regulatory processes have regard to any differences between the operating environments of regulated entities; (c) to ensure that regulatory decision making has regard to the health, safety, environmental sustainability (including water conservation) and social obligations of regulated entities. S. 4D inserted by No. 48/2003 s. 3. 4D Water Industry Regulatory Order (1) The Governor in Council may by Order— (a) make a Water Industry Regulatory Order; (b) amend, vary or revoke the Water Industry Regulatory Order.
applied Victorian provisions means the Commonwealth provisions as applied under section 4K; Basin water charge means a regulated charge for a service in relation to Basin water resources provided by a Part 6 operator or Part 7 operator; Basin water resources has the same meaning as State water resources has in the Commonwealth Water Charge Rules in relation to Victoria; Commonwealth provisions has the same meaning as applied provisions has in rule 59(2) of the Commonwealth Water Charge Rules; Commonwealth Water Charge Rules means the Water Charge (Infrastructure) Rules 2010 of the Commonwealth; Part 6 operator has the same meaning as in the Commonwealth Water Charge Rules; Part 7 operator has the same meaning as in the Commonwealth Water Charge Rules; regulated charge has the same meaning as in the Commonwealth Water Charge Rules; State Agency has the same meaning as in the Commonwealth Water Charge Rules. (2) Section 3(2) and (3) does not apply to this Part. (3) The Interpretation of Legislation Act 1984 does not apply to the applied Victorian provisions. (4) The Acts Interpretation Act 1901 of the Commonwealth applies to the applied Victorian provisions to the same extent that that Act applies to the Commonwealth Water Charge Rules, and as if—
(b) used the land for any purpose other than the purpose for which the licence was granted; or (c) failed to comply with any of the terms and conditions of the licence— the Minister may declare, by notice published in the Government Gazette, that the licence is cancelled. (8) On the declaration under subsection (7) that a licence is cancelled— (a) any interest, right or privilege created by the licence ceases to exist; and (b) all money paid under the licence is forfeited. S. 135A(9) amended by No. 66/2000 s. 12(4). s. 135A (9) On or before the expiry or cancellation of a licence, the licensee may remove any structure or improvement erected by the licensee on licensed land making good to the satisfaction of the Minister any injury which may be done to the land. S. 135A(10) amended by No. 66/2000 s. 12(5)(a)(b). (10) Any structure or improvement not removed from land before the expiry or cancellation of a licence or within any further period allowed by the Minister is the property of the Minister and may be sold, removed or demolished as the Minister may direct. S. 135A(11) amended by No. 66/2000 s. 12(6). (11) The costs and expenses incidental to the removal or demolition of any structure or improvement in accordance with subsection (10) and of making good any injury to land is a debt due to the Minister by the former licensee.
Valuation of Land Act 1960) of the particular land. S. 139(3A) inserted by No. 65/1995 s. 10, amended by No. 44/1998 s. 28(4)(b). (3A) Despite subsection (3), all rates made and levied under this section after the commencement of section 10 of the Water Industry (Amendment) Act 1995 shall be levied upon the net annual value of the particular land as at 30 June 1990 levels of value as determined for the purposes of the Local Government Act 1989. S. 139(3B) inserted by No. 65/1995 s. 10. (3B) The net annual value of particular land as at the levels of value referred to in subsection (3A) shall be determined as follows— (a) if the valuation of that land in force for the purposes of the Local Government Act 1989 immediately before the commencement of section 10 of the Water Industry (Amendment) Act 1995 is at 30 June 1990 levels of value—the net annual value is, subject to paragraph (d), the net annual value as shown in that valuation; s. 139 (b) if the valuation of that land in force for the purposes of the Local Government Act 1989 immediately before that commencement is at levels of value as at a date before 30 June 1990 or at levels of value as at a date after 30 June 1990 but at no time before that later date was there in force for the purposes of that Act a valuation of that land at 30 June 1990 levels of value—the net annual value is, subject to paragraph (d), the net annual value as shown in the valuation then in force multiplied by the valuation equalization factor applying to the area in which the land is situated; (c) if the valuation of that land in force for the purposes of the Local Government Act 1989 immediately before that
determined by the rating authority from time to time in respect of that land. S. 139(3E) inserted by No. 45/1997 s. 38(3), amended by No. 44/1998 s. 28(4)(a). (3E) The value determined by the rating authority under subsection (3D) in respect of any land must not be greater than the value on which rates would have been levied on that land under this section if the rating authority had not made a determination under subsection (3D) in respect of that land. S. 139(4) amended by No. 44/1998 s. 28(4)(a). (4) The rating authority may fix a minimum amount of rate to be paid in respect of any land and may fix different minimum amounts in respect of different classes of land. S. 139(4A) inserted by No. 45/1997 s. 38(4), amended by No. 44/1998 s. 28(4)(a). (4A) Despite anything to the contrary in this section or in any other provision of this Act, the Treasurer, after consultation with the Minister responsible for a declared public statutory authority, may give his or her approval to the rating authority levying an amount in lieu of a rate under this section in respect of a financial year, or any quarter or half of a financial year, in relation to land vested in or owned by the authority. S. 139(4B) inserted by No. 45/1997 s. 38(4), amended by No. 44/1998 s. 28(4)(a). s. 139 (4B) The amount to be levied in lieu of a rate in accordance with subsection (4A) is the amount agreed between the authority and the rating authority or, in the absence of agreement, determined by the Treasurer. S. 139(4C) inserted by No. 45/1997 s. 38(4), amended by No. 44/1998 s. 28(4)(a). (4C) An approval may only be given by the Treasurer under subsection (4A) on the application of the rating authority. (5) A rate made and levied under this section must not in any case exceed the amount specified by the Governor in Council by Order published in the
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; security includes inscribed stock and debenture, bond, debenture stock, notes or any other document creating, evidencing or acknowledging indebtedness in respect of financial accommodation, whether or not constituting a charge on property; swap contract means an agreement entered into by Melbourne Water Corporation with another person under which— (a) Melbourne Water Corporation undertakes to make payments in any currency to, or to the account of, the other party to the agreement; and (b) the other party undertakes to make payments to, or to the account of, Melbourne Water Corporation in the same or another currency; TCV means Treasury Corporation of ; transferred Water employee means a person who, by virtue of section 173, is regarded as being employed by a new employer with effect from the relevant date; transferee, in relation to former Melbourne Water property, means the person to whom the property has been transferred under this Part. S. 154(2) substituted by No. 65/1995 s. 14(39). (2) The Minister may, by notice published in the Government Gazette— (a) fix the relevant date for the purposes of an allocation statement under section 155;
(b) the statement is an allocation statement for the purposes of this Part. S. 155(5) amended by No. 65/1995 s. 14(43). (5) The Treasurer and the Minister may at any time direct Melbourne Water Corporation or a company licensee to amend a statement given to them under this section as specified in the direction. (6) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister. S. 155(6A) inserted by No. 12/1996 s. 21. (6A) An amendment under subsection (6) of an allocation statement for which the relevant date is 1 January 1995 may be made with effect from 1 January 1995 if the Treasurer and the Minister are satisfied that the amendment does not adversely affect any property, rights or liabilities of a person other than Melbourne Water Corporation, and Waterways or a company licensee. (7) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section. 156 Certificate of chief executive officer S. 156(1) amended by No. 65/1995 s. 14(44). s. 156 (1) A certificate signed by the chief executive officer certifying that property, rights or liabilities specified in the certificate have been allocated under the allocation statement to a person so specified is, unless revoked under subsection (2), conclusive evidence— (a) that the property, rights or liabilities have been so allocated; and (b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the transferee on the relevant date.
Metropolitan Board of Works Act 1958 (before its repeal); or S. 175A(1)(b) amended by No. 85/2006 s. 173(Sch. 1 item 15.6). (b) on land included in the metropolis within the meaning of the Water Act 1989 and vested in Melbourne Water Corporation immediately before the commencement of this section under an Order in Council made under section 3 of the Melbourne Metropolitan Board of Works Act (before its repeal). (2) Any land vested in the Crown under subsection (1)— (a) is deemed to be unalienated land of the Crown; and (b) is vested subject to any trust, encumbrance, limitation or restriction, and to any other estate or interest in the land, existing immediately before that vesting. S. 175A(3) amended by Nos 66/2000 s. 21, 85/2006 s. 173(Sch. 1 item 15.7). (3) Despite anything in the Water Act 1989 or any other Act, any bed, soil and banks to which subsection (1) applies shall be under the management and control of Melbourne Water Corporation to the extent necessary to enable that body to exercise its functions under this Act or the Water Act 1989. S. 176 amended by Nos 65/1995 s. 14(55), 66/2000 s. 22, repealed by No. 17/2012 s. 77. s. 177 * * * * * S. 176A inserted by No. 65/1995 s. 13, repealed by No. 17/2012 s. 77. * * * * *
Limited 5. Coliban Region Water Authority $1 270 000 $1 740 000 $1 740 000 $1 740 000 6. Region Water Authority $440 000 $590 000 $590 000 $590 000 7. First Mildura Irrigation Trust $100 000 $100 000 $100 000 8. Gippsland and Southern Rural Water Authority $210 000 $210 000 $210 000 Column 1 Item No. Column 2 Authority Column 3 Column 4 Column 5 Column 6 9. Glenelg Region Water Authority $170 000 $230 000 $230 000 $230 000 10. Region Water Authority $1 130 000 $1 500 000 $1 500 000 $1 500 000 11. Rural Water Authority $1 240 000 12. Grampians Wimmera Mallee Water Authority $790 000 $1 240 000 $1 240 000 $1 240 000 13. Urban and Rural Water Authority $600 000 $980 000 $980 000 $980 000 14. Melbourne Water Corporation $6000 $6000 $6000 15. North East $890 000 $1 180 000 $1 180 000 $1 180 000
Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 67) on 1.1.99: s. 2(3) : This information relates only to the provision/s amending the Water Industry Act 1994 Water Acts (Amendment) Act 1999, No. 22/1999 Assent Date: 18.5.99 Commencement Date: Ss 8, 10 on 25.3.99: s. 2(3); ss 9, 11 on 18.5.99: s. 2(1) : This information relates only to the provision/s amending the Water Industry Act 1994 Essential Services Legislation (Dispute Resolution) Act 2000, No. 59/2000 Assent Date: 8.11.00 Commencement Date: S. 5 on 13.4.01: Government Gazette 29.3.01 p. 523 : This information relates only to the provision/s amending the Water Industry Act 1994 Water Industry (Amendment) Act 2000, No. 66/2000 Assent Date: 8.11.00 Commencement Date: S. 10 on 9.11.00: s. 2(1); ss 3–9, 11–24 on 1.12.01: s. 2(4) : This information relates only to the provision/s amending the Water Industry Act 1994 Endnotes Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 128) on 15.7.01: s. 2 : This information relates only to the provision/s amending the Water Industry Act 1994 Transport (Further Amendment) Act 2001, No. 54/2001 Assent Date: 2.10.01 Commencement Date: S. 44 on 30.6.03: s. 2(5) : This information relates only to the provision/s amending the Water Industry Act 1994 Essential Services Commission Act 2001, No. 62/2001 Assent Date: 23.10.01 Commencement Date: Ss 91, 92 on 1.1.02: s. 2 : This information relates only to the provision/s amending the Water Industry Act 1994 Statute Law (Further Revision) Act 2002, No. 11/2002