Water (Resource Management) Amendment Regulations 2009

Water (Resource Management) Amendment Regulations 2009

S.R. No. 123/2009

table of provisions

RegulationPage

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

Part 2—Fees for Water Share Applications

5Amendment to definitions

6Amendment to fee for application for issue of a water share

7Amendment to fee for application for issue of a water share
by holder of interstate right

8Amendment to fee for application for transfer of ownership
of water share

9Amendment to fee for application to give a limited term
transfer of water share

10Amendment to fee for application to give a water allocation assignment

11Amendment to fee for application to cancel a water share
where interstate rights are obtained

12Amendment to fee for application for Ministerial approval
to take interstate water

13Amendment to fee for application to use water on land

14Amendment to fees for group applications

19Group applications

15Amendment to fee to correct or amend the water register

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ENDNOTES

Part 1—Preliminary

Water (Resource Management) Amendment Regulations 2009

S.R. No. 123/2009

statutory rules 2009

S.R. No. 123/2009

Part 1—Preliminary

Water (Resource Management) Amendment Regulations 2009

S.R. No. 123/2009

Water Act 1989

Part 1—Preliminary

Water (Resource Management) Amendment Regulations 2009

S.R. No. 123/2009

Water (Resource Management) Amendment Regulations 2009

Part 1—Preliminary

Water (Resource Management) Amendment Regulations 2009

S.R. No. 123/2009

The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:

Dated: 13 October 2009

Responsible Minister:

TIM HOLDING

Minister for Water

toby halligan

Clerk of the Executive Council

Part 1—Preliminary

1Objectives

The objectives of these Regulations are to amend the Water (Resource Management) Regulations 2007 to—

(a)increase certain application fees relating to the transfer of ownership of a water share and the giving of a water allocation assignment; and

(b)remove the fee to correct or amend addresses recorded in the water register.

2Authorising provision

These Regulations are made under section 324 of the Water Act 1989.

3Commencement

r. 3

These Regulations come into operation on 16October 2009.

4Principal Regulations

In these Regulations the Water (Resource Management) Regulations 2007[1] are called the Principal Regulations.

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Part 2—Fees for Water Share Applications

5Amendment to definitions

r. 5

In regulation 4of the Principal Regulations—

(a)revoke the definition of water share group application;

(b)insert the following definitions—

"water share change group application, means an application made under section33AQ of the Act when made together with an application made under any one or more of the following sections, in relation to the same water share or water allocation—

(a)33R of the Act;

(b)33Y of the Act;

(d)33AI of the Act;

water share transfer group application, means an application in respect of a particular water sharemade under section 33X(1)(a) of the Act when made together with an application made under any other one or more of the following sections, in relation to the particular share—

(a)33R of the Act;

(b)33Y of the Act;

(d)33AQ of the Act.".

6Amendment to fee for application for issue of a water share

r. 6

In regulation 5 of the Principal Regulations, for "1143" substitute "1357".

7Amendment to fee for application for issue of a water share by holder of interstate right

In regulation 6of the Principal Regulations, for "1143"substitute"1357".

8Amendment to fee for application for transfer of ownership of water share

In regulation 8of the Principal Regulations, for "1143"substitute"1357".

9Amendment to fee for application to give a limited term transfer of water share

In regulation 9of the Principal Regulations, for "1143"substitute"1357".

10Amendment to fee for application to give a water allocation assignment

In regulation 10of the Principal Regulations, for "545"substitute"604".

11Amendment to fee for application to cancel a water share where interstate rights are obtained

In regulation 14of the Principal Regulations, for "1143"substitute"1357".

12Amendment to fee for application for Ministerial approval to take interstate water

In regulation 15of the Principal Regulations, for "1143"substitute"1357".

13Amendment to fee for application to use water on land

In regulation 18 of the Principal Regulations, for "545" substitute "604".

14Amendment to fees for group applications

r. 14

For regulation 19of the Principal Regulations, substitute—

"19 Group applications

Despite regulations 5 to 18—

(a)in the case of a person who makes a water share transfer group application, the prescribed fee is 1357 fee units;

(b)in the case of a person who makes a water share change group application, the prescribed fee is 1143 fee units;

(c)in the case of a person who makes a water allocation group application, the prescribed fee is 604 fee units.".

15Amendment to fee to correct or amend the water register

For regulation 28(1)of the Principal Regulations, substitute—

"(1)For the purposes of section 84ZB(4)(b)(i) of the Act—

(a)no prescribed fee is payable to correct or amend an address recorded on the water register;

(b)in all other cases, the prescribed fee to correct or amend the water register is 871fee units.".

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Water (Resource Management) Amendment Regulations 2009

S.R. No. 123/2009

ENDNOTES

Endnotes

[1] Reg. 4: S.R. No. 75/2007.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2009 is $11.69. The amount of the calculated fee may be rounded to the nearest 10cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.