Water Acts Amendment (Enforcement and Other Matters) Act 2007

Water Acts Amendment (Enforcement and Other Matters) Act 2007

No. 29 of 2007

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 2

Part 2—Amendment of Water Industry Act 1994 3

3 Definitions 3

4 Repeal of section 60A 3

5 Copy of plan—drought response and emergency management plans 4

6 Contravention of drought response and emergency management plans 4

7 Power to serve an infringement notice 4

8 Copy of permanent water saving plan 5

9 Contravention of permanent water saving plan 5

10 New section 78OA inserted 5

78OA Power to serve an infringement notice 5

11 Prosecutions 6

12 New Part 6A inserted 6

Part 6A—Appointment of and powers of Authorised Water Officers 6

Division 1—Authorised water officers 6

185A Appointment of authorised water officers 6

185B Identification of authorised water officers 6

185C Offence to impersonate authorised water officer 7

Division 2—Powers of authorised water officers 7

185D Power to require person to state name and address 7

Part 3—Amendment of Water Act 1989 9

13 Definitions 9

14 Operation of take and use licences 9

15 Copy of plan 9

16 Contravention of permanent water saving plan 10

17 By-laws 10

18 Insertion of new heading 10

19 Insertion of new provisions in Part 14 10

Division 2—Enforcement of water restrictions 10

291A Appointment of authorised water officers 10

291B Identification of authorised water officers 11

291C Offence to impersonate authorised water officer 11

Division 3—Powers of authorised water officers 11

291D Authorised water officer may require person to state name and address 11

Division 4—Further enforcement provisions 12

20 Power to require person to state name and address 12

21 Power to issue infringement notices 13

22 Prosecutions 13

23 Non-application of conversion to some take and use licences 14

24 Statute law revision 14

Part 4—Amendment of Infringements Act 2006 15

25 Amendment of infringement offence definition 15

Part 5—General 16

26 Repeal of Act 16

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Endnotes 17

Section Page

Victoria

Section Page

Water Acts Amendment (Enforcement and Other Matters) Act 2007[(]

No. 29 of 2007

[Assented to 26 June 2007]

Water Acts Amendment (Enforcement and Other Matters) Act 2007
No. 29 of 2007

The Parliament of Victoria enacts:

Part 5—General

Water Acts Amendment (Enforcement and Other Matters) Act 2007
No. 29 of 2007

Part 1—Preliminary

1 Purposes

The purposes of this Act are—

(a) to amend the Water Act 1989 and the Water Industry Act 1994 to make further provision for enforcement in relation to drought response plans, emergency management plans, permanent water saving plans and water restrictions set out in bylaws; and

(b) to amend the Infringements Act 2006 to extend the operation of that Act with respect to infringement notices under by-laws; and

2 Commencement

s. 2

This Act comes into operation on the day after the day on which it receives the Royal Assent.

______

See:
Act No.
121/1994.
Reprint No. 5
as at
28 April 2005
and amending
Act Nos
48/2003, 9/2006, 24/2006, 69/2006 and 85/2006.
LawToday:
www.
legislation.
vic.gov.au

Part 2—Amendment of Water Industry Act 1994

3 Definitions

s. 3

In section 3(1) of the Water Industry Act 1994 insert the following definitions—

"authorised water officer means a person appointed as an authorised water officer under section 185A;

drought response plan means a drought response plan prepared, adopted and (where the case so requires) varied under Division 1A of Part3;

emergency management plan means an emergency management plan prepared, adopted and (where the case so requires) varied under Division 1A of Part 3;

licensee means the holder of a licence issued under Division 1 of Part 2;

permanent water saving plan means a plan prepared, adopted and (where the case so requires) varied under Division 1B of Part3;".

4 Repeal of section 60A

Section 60A of the Water Industry Act 1994 is repealed.

5 Copy of plan—drought response and emergency management plans

s. 5

After section 78F(2) of the Water Industry Act 1994 insert—

"(3) A licensee must ensure that a copy of its drought response plan and a copy of its emergency management plan are published electronically at the electronic address of the licensee.".

6 Contravention of drought response and emergency management plans

(1) In section 78H(1) of the Water Industry Act 1994 omit ", after receiving a warning notice from the licensee,".

(2) In section 78H(2) of the Water Industry Act 1994 omit ", after receiving a warning notice from the licensee,".

(3) In section 78H(3) of the Water Industry Act 1994 omit ", after receiving a warning notice from the licensee,".

(4) In section 78H(4) of the Water Industry Act 1994 omit ", after receiving a warning notice from the licensee,".

7 Power to serve an infringement notice

(1) For section 78HA(1) of the Water Industry Act 1994 substitute—

"(1) An authorised water officer appointed by a licensee may serve an infringement notice on another person in respect of an offence against section 78H in respect of a relevant plan of the licensee, if the authorised water officer reasonably believes that the person has committed the offence.".

(2) After section 78HA(4) of the Water Industry Act 1994 insert—

"(5) In this section relevant plan, in relation to a licensee, means a drought response plan or emergency management plan that the licensee is responsible for implementing.".

8 Copy of permanent water saving plan

s. 8

After section 78M(2) of the Water Industry Act 1994 insert—

"(3) A licensee must ensure that a copy of its permanent water saving plan is published electronically at the electronic address of the licensee.".

9 Contravention of permanent water saving plan

In section 78O of the Water Industry Act 1994 omit ", after receiving a warning notice from the licensee,".

10 New section 78OA inserted

After section 78O of the Water Industry Act 1994 insert—

"78OA Power to serve an infringement notice

(1) An authorised water officer appointed by a licensee may serve an infringement notice on another person in respect of an offence against section 78O in respect of a relevant plan of the licensee, if the authorised water officer reasonably believes that the person has committed the offence.

(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

(3) The infringement penalty for an offence referred to in subsection (1) is 1 penalty unit.

(4) In this section relevant plan, in relation to a licensee, means a permanent water saving plan that the licensee is responsible for implementing.".

11 Prosecutions

s. 11

For section 179(1)(ab) of the Water Industry Act 1994 substitute—

"(ab) in the case of an offence against section 78H or 78O, in relation to a plan of a licensee, an authorised water officer appointed by the licensee; or".

12 New Part 6A inserted

After Part 6 of the Water Industry Act 1994 insert—

"Part 6A—Appointment of and powers of Authorised Water Officers

Division 1—Authorised water officers

185A Appointment of authorised water officers

(1) A licensee may appoint a person as an authorised water officer.

(2) An appointment under subsection (1) must be in writing.

(3) A licensee may require a person appointed under this section to undertake specified training before exercising any powers, functions or duties under this Act.

185B Identification of authorised water officers

(1) A licensee must issue to each person appointed as an authorised water officer an identity card that—

(a) contains a photograph of the person; and

(b) states the full name of the person to whom it is issued; and

(2) An authorised water officer must produce his or her identity card for inspection at any time during the exercise of a power under this Act if asked to do so.

185C Offence to impersonate authorised water officer

s. 12

A person must not impersonate an authorised water officer.

Penalty: 60 penalty units.

Division 2—Powers of authorised water officers

185D Power to require person to state name and address

(1) An authorised water officer may require a person to state his or her name and address if that authorised water officer has reasonable grounds for believing that the person has contravened, or is contravening, a restriction or prohibition on the use of water contained in—

(a) a drought response plan; or

(b) an emergency management plan; or

of the licensee who has appointed the authorised water officer.

(2) Subject to subsections (3) and (4), a person who is required under this section to state his or her name and address must not—

(a) refuse to state that name or address; or

(b) state a false name or address.

Penalty: 10 penalty units.

(3) An authorised water officer must produce his or her identity card for inspection before exercising a power under subsection (1).

s. 12

(4) It is not an offence for a person to fail to comply with subsection (2) if the authorised water officer did not comply with subsection(3).".

______

See:
Act No.
80/1989.
Reprint No. 8
as at
3 August 2006
and amending
Act Nos
99/2005, 69/2006, 80/2006 and 85/2006.
LawToday:
www.
legislation.
vic.gov.au

Part 3—Amendment of Water Act 1989

13 Definitions

s. 13

In section 3(1) of the Water Act 1989 insert the following definitions—

"authorised water officer means a person appointed as an authorised water officer under section 291A;

permanent water saving plan means a plan prepared, adopted and (where the case so requires) varied under Part 8;".

14 Operation of take and use licences

For section 51(1AA) of the Water Act 1989 substitute—

"(1AA) An application may not be made under subsection (1) to take and use water in a declared water system unless—

(a) the water to be taken and used is to be subject to a condition that a proportion of the water so taken and used is to be returned to the water system; or

(b) the water is to be taken and used for a prescribed purpose.".

15 Copy of plan

After section 170D(2) of the Water Act 1989 insert—

"(3) An Authority must ensure that a copy of its permanent water saving plan is published electronically at the electronic address of the licensee.".

16 Contravention of permanent water saving plan

s. 16

In section 170F(1) of the Water Act 1989 omit
", after receiving a warning notice from the Authority,".

17 By-laws

After section 171(3) of the Water Act 1989 insert—

"(4) An offence referred to in subsection (1)(ba), for which an infringement notice may be served, is an infringement offence within the meaning of the Infringements Act 2006.".

18 Insertion of new heading

After the heading to Part 14 of the Water Act 1989 insert—

"Division 1—General offences".

19 Insertion of new provisions in Part 14

After section 291 of the Water Act 1989 insert—

"Division 2—Enforcement of water restrictions

291A Appointment of authorised water officers

(1) An Authority with a water district may appoint a person as an authorised water officer.

(2) An appointment under subsection (1)—

(a) must be in writing; and

(b) must specify the district or districts in which the person may exercise the powers, functions or duties under this Act.

(3) An Authority may require a person appointed under this section to undertake specified training before exercising any powers, functions or duties under this Act.

291B Identification of authorised water officers

(1) An Authority must issue to each person appointed as an authorised water officer an identity card that—

(a) contains a photograph of the person; and

(b) states the full name of the person to whom it is issued; and

(2) An authorised water officer must produce his or her identity card for inspection at any time during the exercise of a power under this Act if asked to do so.

291C Offence to impersonate authorised water officer

s. 19

A person must not impersonate an authorised water officer.

Penalty: 60 penalty units.

Division 3—Powers of authorised water officers

291D Authorised water officer may require person to state name and address

(a) an offence set out in section 170F in relation to a permanent water saving plan of the Authority that appointed the authorised water officer;

(b) an offence set out in a by-law made under section 171(1)(ba) by the Authority that appointed the authorised water officer.

(2) Subject to subsections (3) and (4), a person who is required under this section to state his or her name and address must not—

(a) refuse to state that name or address; or

(b) state a false name or address.

Penalty: 10 penalty units.

(3) An authorised water officer must produce his or her identity card for inspection before exercising a power under subsection (1).

(4) It is not an offence for a person to fail to comply with subsection (2) if the authorised water officer did not comply with subsection(3).

Division 4—Further enforcement provisions".

20 Power to require person to state name and address

s. 20

(1) In section 293(1) of the Water Act 1989 for "offence against this Act or against regulations or by-laws made under this Act." substitute—

"offence against—

(a) this Act, except section 170F of this Act; or

(b) regulations made under this Act; or