Water (Permanent Transfer of Water Rights) Regulations 2001

Version No. 003 Water (Permanent Transfer of Water Rights) Regulations 2001 S.R. No. 132/2001 Version incorporating amendments as at 18 April 2008 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provisions 1 3 Commencement 1 4 Revocation 1 5 Definitions 1 6 Prescribed irrigation districts and prescribed interests 2 7 Permanent transfer of water rights 2 8 Procedure with respect to applications 3 9 Maximum water rights to be attached to each holding 4 10 Districts where water rights may be permanently transferred 4 11 Transfer into an upstream system 5 12 Restriction on approval of certain applications 6 13 Limits on transfers out of districts/areas 6 14 Other terms and conditions 6 15 Certificates as to transfers 7 SCHEDULES 8 SCHEDULE 1—Regulations Revoked 8 SCHEDULE 2—Prescribed Irrigation Districts 9 SCHEDULE 3—Application for Approval of Permanent Transfer of Water Rights within an Irrigation District or to Another Irrigation District 10 SCHEDULE 4—Notice of Agreement for Permanent Transfer of Water Rights 11 SCHEDULE 5—Notice of Consent to the Permanent Transfer of Water Rights 13 SCHEDULE 6—Application for Approval of Permanent Transfer of Water Rights Outside an Irrigation District 14 i Regulation Page SCHEDULE 7—Prescribed Fees 16 SCHEDULE 8—Irrigation Areas (I.A.) and Districts (I.D.) 17 SCHEDULE 9—Irrigation Areas (I.A.) and Districts (I.D.) Subject to 4% Limit 18 SCHEDULE 10—Certificate under Section 227 of the Water Act 1989 19 ═══════════════ ENDNOTES 20 1. General Information 20 2. Table of Amendments 21 3. Explanatory Details 22 ii Version No. 003 Water (Permanent Transfer of Water Rights) Regulations 2001 S.R. No. 132/2001 Version incorporating amendments as at 18 April 2008 1 Objectives The objectives of these Regulations are to— (a) regulate permanent transfer of water rights; and (b) prescribe fees for applications for— (i) approval of permanent transfer of water rights under sections 226 and 226AA of the Act; and (ii) the issue of certificates as to transfer under section 227 of the Act. 2 Authorising provisions These Regulations are made under sections 228 and 324 of the Water Act 1989. 3 Commencement These Regulations come into operation on 4 December 2001. 4 Revocation The Regulations set out in Schedule 1 are revoked. 5 Definitions In these Regulations— Advisory Committee means a committee established under section 108 of the Act; 1 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 r. 6 buyer's Authority has the same meaning as defined in section 226 (1AA) of the Act; irrigation area means any part of the Goulburn Murray Irrigation District for which a separate register is kept; seller's Authority has the same meaning as defined in section 226 (1AA) of the Act; the Act means the Water Act 1989. 6 Prescribed irrigation districts and prescribed interests For the purposes of sections 226 and 226AA of the Act, the prescribed irrigation districts are set out in Schedule 2 and the prescribed interests are those of any mortgagee, caveator, chargee, share farmer, lessee, partner, life tenant, annuitant, unpaid vendor or purchaser of the holding. 7 Permanent transfer of water rights (1) An application for approval of the permanent transfer of water rights to the owner or occupier of another holding within the same irrigation district or within another irrigation district must be in the form set out in Schedule 3 and must, in addition to the requirements of the Act, be accompanied by— (a) a notice of agreement in the form set out in Schedule 4; and (b) a notice of consent in the form set out in Schedule 5, for the holder of each prescribed interest in the holding; and (c) the relevant fee prescribed in Schedule 7. (2) An application for approval of the permanent transfer of water rights to the owner or occupier of any land outside an irrigation district must be in the form set out in Schedule 6 and must be accompanied by— 2 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 r. 8 (a) the things referred to in paragraph (b) and where applicable paragraph (c) of subregulation (1); and (b) in the case of a transfer to land elsewhere in Victoria a copy of an application under section 51 of the Act to take and use an equivalent volume of water to that proposed to be transferred; and (c) in the case of a transfer to land in another State under section 226AA of the Act, an application for an entitlement in that other State. 8 Procedure with respect to applications (1) An application referred to in regulation 7(1) must be made to the buyer's Authority and, if the buyer's Authority is different from the seller's Authority, then— (a) the buyer's Authority must give to the seller's Authority a copy of the application accompanied by the relevant fee prescribed in Schedule 7; and (b) the seller's Authority must inform the buyer's Authority within 28 days after receiving the copy of the application whether it has any objections to the proposed transfer; and (c) if the application is approved, the two Authorities must make all necessary arrangements between them to implement the transfer. (2) An application referred to in regulation 7(2) must be made to the seller's Authority. 3 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 r. 9 9 Maximum water rights to be attached to each holding (1) The maximum amount of water rights that may be held by the owner or occupier of a holding are set out in the following table— Holding Maximum Water Rights Properties shown as being rated as 1st Division in the register for drainage purposes 5 megalitres per hectare Properties shown as being rated as 2nd and 3rd Division in the register for drainage purposes 4⋅3 megalitres per hectare Properties shown as being rated as 4th and 5th Division in the register for drainage purposes 3⋅6 megalitres per hectare (2) An Authority may vary the maximum amount of water rights that may be held by the owner or occupier of a particular holding after consultation with the relevant Advisory Committee and after taking into account the limits established by local salinity management plans. 10 Districts where water rights may be permanently transferred Water rights may be permanently transferred— (a) within an irrigation district or area, or part of an area, specified in column 1 of Schedule 8; or (b) subject to regulation 13, from an irrigation district or area specified in column 1 of Schedule 8 to an irrigation district or area specified in column 2 of that Schedule opposite that district or area; or 4 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 r. 11 (c) subject to regulation 13, from one system to another system which is upstream of the first mentioned system in accordance with regulation 11; or (d) subject to regulations 12 and 13 from an irrigation district or area specified in column 1 of Schedule 8 to any land in Victoria outside an irrigation district; or (e) subject to regulations 12 and 13, from any of the irrigation districts or areas specified as items 1 to 13 and 17 in column 1 of Schedule 8 to any land outside Victoria1; or (f) to the Authority— but not otherwise. 11 Transfer into an upstream system (1) Subject to regulation 13, water rights may be permanently transferred from the Murray system to the Goulburn system if the transfer would not result in the net transfer of a volume of water rights (taking into account all transfers before the transfer) from the Murray system to the Goulburn system. (2) Subject to regulation 13, water rights may be permanently transferred from the Goulburn system to the Campaspe system if the transfer would not result in the net transfer of a volume of water rights (taking into account all transfers before the transfer) from the Goulburn system to the Campaspe system. (3) In this regulation— Campaspe system means the irrigation district numbered 8 in column 1 of Schedule 8; Goulburn system means the irrigation areas numbered 2 to 6 in column 1 of Schedule 8; 5 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 r. 12 Murray system means the irrigation districts or areas numbered 1, 7, 9 to 13 and 17 in column 1 of Schedule 8. 12 Restriction on approval of certain applications An application referred to in regulation 7(2) must not be approved unless the application referred to in regulation 7(2)(b) or 7(2)(c) has been approved. 13 Limits on transfers out of districts/areas Reg. 13 amended by S.R. No. 5/2006 reg. 4(1). The seller's Authority may— (a) object to an application referred to in regulation 7(1); or (b) refuse to approve an application referred to in regulation 7(2)— if the proposed transfer would result in the net transfer from the irrigation district or districts or area or areas or part of an irrigation area specified in an item of Schedule 9 in the period of 12 months ending at midnight on 30 June of more than 4% of the total volume of water rights shown in the register as at the beginning of that period as being attached to holdings within that district or those districts or that area or those areas or that part of the irrigation area. 14 Other terms and conditions An Authority must not approve a transfer unless it is satisfied— (a) that the buyer's land has adequate works for the supply of water; and (b) that existing levels of service can be maintained unless, after consultation with the relevant Advisory Committee, it dispenses with this requirement in the particular case. 6 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 r. 15 15 Certificates as to transfers (1) The prescribed form for a certificate under section 227 of the Act is the form set out in Schedule 10. (2) An application for a certificate must be accompanied by the relevant prescribed fee set out in Schedule 7. 7 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Sch. 1 SCHEDULES SCHEDULE 1 Regulation 4 REGULATIONS REVOKED S.R. No. Title 24/1993 Water (Permanent Transfer of Water Rights) (Amendment) Regulations 1993 219/1994 Water (Permanent Transfer of Water Rights) (Amendment) Regulations 1994 38/2000 Water (Permanent Transfer of Water Rights) (Amendment) Regulations 2000 8 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Sch. 2 SCHEDULE 2 Regulation 6 PRESCRIBED IRRIGATION DISTRICTS Goulburn-Murray Irrigation District Campaspe Irrigation District Macalister Irrigation District Werribee Irrigation District Bacchus Marsh Irrigation District Tresco Irrigation District Nyah Irrigation District Robinvale Irrigation District Red Cliffs Irrigation District Merbein Irrigation District First Mildura Irrigation District 9 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Sch. 3 SCHEDULE 3 Buyer's Authority Regulation 7(1) APPLICATION FOR APPROVAL OF PERMANENT TRANSFER OF WATER RIGHTS WITHIN AN IRRIGATION DISTRICT OR TO ANOTHER IRRIGATION DISTRICT To: (insert name of Authority) I/We (insert names) of (address) being the *owner/*occupier of the holding comprising: Allotments Section Parish of Registered Entry No. in the Irrigation Area apply to the Authority for approval of the transfer of megalitres of water rights to the holding. I enclose an application fee of $ which I acknowledge will not be refunded. Signature: Telephone No.: Date: * delete if inapplicable 10 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Sch. 4 SCHEDULE 4 Seller's Authority Regulation 7(1)(a) NOTICE OF AGREEMENT FOR PERMANENT TRANSFER OF WATER RIGHTS To: (insert name of Authority) I/We (insert names) of (address) being the *owner/*occupier of the holding comprising: Allotments Section Parish of Registered Entry No. in the Irrigation District/area Register of Lands under Entry No. have agreed to transfer megalitres of water rights To (insert name and address of buyer) being the *owner/*occupier of the land comprising: Allotments Section Parish of described in the Irrigation Area Register of Lands under Entry No. I/We, acknowledge and declare— 1. That the water rights to be transferred have not been used; and 2. (a) That there are no parties with a prescribed interest in the holding from which the water is to be transferred; OR *(b) That (insert names of parties with an interest in the holding) has a prescribed interest in the subject holding 11 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Sch. 4 If (b), please state types of interest: and attach written consents to the transfer from the parties concerned. Signature: Telephone No.: Date: If lodged by an agent please complete the following: Agent/s name: Postal address: Note: This form must be accompanied by a statutory declaration made by the owner setting out the names and addresses of each person known by the owner to have a prescribed interest in the holding. * delete if inapplicable 12 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Sch. 5 SCHEDULE 5 Seller's Authority Regulation 7(1)(b) NOTICE OF CONSENT TO THE PERMANENT TRANSFER OF WATER RIGHTS To: (insert name of Authority) I/We (insert names) of (address) have a prescribed interest in the holding comprising: Allotments Section Parish of and described in the Irrigation Area/District Register of lands under Entry No. (state type of interest) I/We consent to an application by (insert name of Person transferring Water) to transfer permanently megalitres of water right from the holding. Signature: Telephone No.: Date: 13 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Sch. 6 SCHEDULE 6 Seller's Authority Regulation 7(2) APPLICATION FOR APPROVAL OF PERMANENT TRANSFER OF WATER RIGHTS OUTSIDE AN IRRIGATION DISTRICT To: (insert name of Authority) I/We (insert names) of (address) being the *owner/*occupier of the holding comprising: Allotments Section Parish of Registered Entry No. in the Irrigation District/area apply to the Authority for approval of the transfer of megalitres of water rights from the holding To (insert name and address of buyer) being the *owner/*occupier of the land comprising: Allotments Section Parish of I/We acknowledge and declare— 1. That the water rights to be transferred have not been used; and 2. (a) That there are no parties with a prescribed interest in the holding from which the water is to be transferred; OR *(b) That (insert names of parties with an interest in the holding) has a prescribed interest in the subject holding If (b), please state types of interest: and attach written consents to the transfer from the parties concerned. I enclose an application fee of $ which I acknowledge will not be refunded. 14 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Sch. 6 Attached is a copy of an application under section 51 of the Water Act 1989 to take and use an equivalent volume of water, or, for a transfer to land in another State, an application for an entitlement in that State. Signature: Telephone No.: Date: If lodged by an agent please complete the following: Agent/s name: Postal address: Note: This form must be accompanied by a statutory declaration made by the owner setting out the names and addresses of each person known by the owner to have a prescribed interest in the holding. * delete if inapplicable 15 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Sch. 7 SCHEDULE 7 Regulations 7(1)(c), 8(1)(a) and 15(2) PRESCRIBED FEES 1 Application for approval of permanent transfer of water rights where they remain within the same irrigation district or another irrigation district of the same Authority. $275.00 2 Application for approval of permanent transfer of water rights to a holding within an irrigation district of a different Authority— (a) fee payable to buyer's Authority $200.00 (b) additional fee payable to seller's Authority $75.00 3 Application for approval of permanent transfer of water rights outside an irrigation district $75.00 4 Application for a certificate under section 227 of the Act $16.00 16 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Sch. 8 SCHEDULE 8 Regulations 10 and 11 IRRIGATION AREAS (I.A.) AND DISTRICTS (I.D.) Column 1 Areas and districts within which transfers are permitted Column 2 Areas and districts to which transfers are permitted (Numbers refer to items of column 1) 1. Murray Valley I.A. (other than Broken Creek) 7, 9, 10, 11, 12, 13, 17 2. Shepparton I.A. 1, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 17 3. Murray Valley I.A. (Broken Creek) 1, 2, 4, 5, 6, 7, 9, 10, 11, 12, 13, 17 4. Central Goulburn I.A. 1, 2, 3, 5, 6, 7, 9, 10, 11, 12, 13, 17 5. Rochester I.A. 1, 2, 3, 4, 6, 7, 9, 10, 11, 12, 13, 17 6. Pyramid-Boort I.A. 1, 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 17 7. Torrumbarry I.A. 1, 9, 10, 11, 12, 13, 17 8. Campaspe I.D. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 17 9. Tresco I.D. 1, 7, 10, 11, 12, 13, 17 10. Nyah I.D. 1, 7, 9, 11, 12, 13, 17 11. Robinvale I.D. 1, 7, 9, 10, 12, 13, 17 12. Red Cliffs I.D. 1, 7, 9, 10, 11, 13, 17 13. Merbein I.D. 1, 7, 9, 10, 11, 12, 17 14. Macalister I.D. 15. Werribee I.D. 16 16. Bacchus Marsh I.D. 15 17. First Mildura I.D. 1, 7, 9, 10, 11, 12, 13 17 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Sch. 9 SCHEDULE 9 Sch. 9 (Heading) amended by S.R. No. 5/2006 reg. 4(2). Regulation 13 IRRIGATION AREAS (I.A.) AND DISTRICTS (I.D.) SUBJECT TO 4% LIMIT 1. Torrumbarry I.A. (excluding the Woorinen part) 2. Murray Valley I.A. 3. Shepparton I.A. 4. Central Goulburn I.A. 5. Rochester I.A. 6. Pyramid-Boort I.A. 7. Campaspe I.D. 8. Merbein I.D., Red Cliffs I.D., Robinvale I.D. 9. The Woorinen part of the Torrumbarry I.A. (until 30 June 2002) 10. Nyah I.D., Tresco I.D., the Woorinen part of Torrumbarry I.A. (after 1 July 2002) 11 First Mildura I.D. 18 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Sch. 10 SCHEDULE 10 Regulation 15(1) CERTIFICATE UNDER SECTION 227 OF THE WATER ACT 1989 Ratepayer Land, being Lot No. LP No. Crown Allotment Section Parish Irrigation District Register Entry No. Total Area Total Water Right Amount of Water Right transferred (if any) Date Water Right transferred Issued at on Authorised Person ═══════════════ 19 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Endnotes ENDNOTES 1. General Information The Water (Permanent Transfer of Water Rights) Regulations 2001, S.R. No. 132/2001 were made on 4 December 2001 by the Governor in Council under sections 228 and 324 of the Water Act 1989, No. 80/1989 and came into operation on 4 December 2001: regulation 3. The Water (Permanent Transfer of Water Rights) Regulations 2001 will sunset 10 years after the day of making on 4 December 2011 (see section 5 of the Subordinate Legislation Act 1994). 20 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Endnotes 2. Table of Amendments This Version incorporates amendments made to the Water (Permanent Transfer of Water Rights) Regulations 2001 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Water (Permanent Transfer of Water Rights) (Amendment) Regulations 2006, S.R. No. 5/2006 Date of Making: 24.1.06 Date of Commencement: 1.7.06: reg. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 21 S.R. No. 132/2001 Water (Permanent Transfer of Water Rights) Regulations 2001 Endnotes 3. Explanatory Details 1 Reg. 10(e): Permanent transfer of water rights to land outside Victoria may also be affected by the Murray-Darling Basin Agreement (a schedule to the Murray-Darling Basin Act 1993) and any guidelines set by the Minister under section 224B of the Water Act 1989. Note: That the Water (Permanent Transfer of Water Rights) Regulations 1991 were revoked on 3 December 2001 under section 5 of the Subordinate Legislation Act 1994. 22