regulations 2020 7i - parliament of victoria

Water (Notice of Disposition of Land) Regulations 2020

S.R.No. 7i TABLE OF PROVISIONS

Regulation

I Objective 2 Authorising provision 3 Commencement 4 Revocation 5 Definitions 6 Notice of disposition of land 7 Expiry

Schedule 1

Endnotes

20-088SR.S 1- I 017/2020

Page

I I 1 I I 2 2

3

8

STATUTORY RULES 2020

S.R. No.7i Water Act 1989


The Governor in Council makes the following Regulations:

Dated: 2 1 JUL 2020 Responsible Minister:

LISA NEVILLE Minister for Water

1 Objective

c.clM-s~ Clerk of the Executive Council

The objective of these Regulations is to provide for notice of disposition of land.

2 Authorising provision

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

3 Commencement

These Regulations come into operation on 22 July 2020.

4 Revocation

The Water (Notice of Disposition of Land) Regulations 20101 are revoked .

5 Definitions

In these Regulations-

the Act means the Water Act 1989.

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Water (Notice of Disposition of Land) Regulations 2020 S.R.No.

6 Notice of disposition of land

( J) For the purposes of section l 59 of the Act, a prescribed person who must give notice under that section in relation to the disposition. of land is a person who disposes of any land in respect of which a fee ha · been imposed under section 259 of the Act by an Authority,

(2) For the purposes of section l 59(a) of the Act, the prescribed form of a notice under section 159 of the Act is Form I in Schedule l and the prescribed particulars are those set out in Form I.

(3) For the purposes of section 159(b) of the Act, the prescribed person for receipt of a notice under section J 59 of the Act is the Managing Director or Chief Executive Officer, as the case may be, of the Authority that imposed the fee under section 259 of the Act in relation to the land disposed of.

(4) For the purposes of section 159(c) of the Act, the prescribed period for giving a notice under section 159 of the Act is one month after the disposal of the land.

7 Expiry

These Regulations expire on 3 August 2021 .

20-088SRSJ - 10/712.020 2


Schedule l

Schedule 1

FORM 1

Regulation 6(2)

NOTICE OF DISPOSITION OF LAND

PERSONAL DETAILS OJ<' VENDOR/fRANSFEROR

1. full name of vendor/transferor and if applicable, name of trustee and trust and ACN or ABN:

2. Address of vendor/transferor at time of transfer:

3. Address for future correspondence for vendor/transferor:

4. Email and telephone number of vendor/transferor:

PERSONAL DETAILS OF PURCHASER/fRANSFEREE

5. Full name of purchaser/transferee and if applicable, name of trustee and trust and ACN or ABN:

6. Known address of purchaser/transferee at the time of the transfer:

7. Address for future correspondence for purchaser/transferee:

8. Email and telephone number of purchaser/transferee:

DETAILS OF THE LAND

9. Flat or unit number, street number, name of street or road, suburb, town or district, postcode:

I 0. Lot number and plan number:

l 1. Crown allotment number:

12. Section or portion, parish:

13 . Area of the land :

14. Description of land--property code: [insert relevant code number in the Table at the end of this Form to describe the use of the land)

NOTE: Jfthe land falls within more than one description in tho Table please euter the code numbers that describe the uses of the land.

TRANSFER DETAILS

15. Date of contract (if applicable) :

16. Date of possession or transfer of the land, whichever is the earlier date:

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Water (Notice of Disposition of Land) Regulations 2020 S.R. No.

Schedule 1

CONTACT DETAJLS AND CERTIFICATION

17. Name, email and telephone number of vendor's/transferor's Australian legal practitioner or agent (if any}:

18. Name, email and telephone number of purchaser's/transferee's Australian legal practitioner or agent (if any):

19. I, being the vendor/transferor of the land that is the subject of this Notice, certify that the particulars contained in this Notice are true and correct to the best of my knowledge.

• Signature of vendor/transferor:

*Signature of Australian legal practitioner or agent acting on behalf of the vendor/transferor:

Date:

•Delete if inapplicable

Table-Property code numbers for description of land

Re ldentJal vacant 1110d

100 Vacant land

101 Development land

102 Subdivisional land

I 03 Rur.il lifestyle land

Residential

110 Dwelling

112 Row house/terrace

117 Rural lifestyle dwelling

120 Unit freestanding

125 flat Multi-storey

126 Car park

140 Retirement unit

141 Retirement complex

142 Aged Care complex

20-088SR.S 1-10/7/2020 4


Schedule l

Commercial

200 Vacant land

210 Single retail

211 Multi. retail

212 Mixed use retail

213 Shopping centre

214 National retail

215 Service station

216 Multi-service station

220 Office premises

230 Hotel/motel

234 Caravan park

240 Licensed premises/restaurant

250 Entertainment complex

251 Cinema complex

270 Health surgery

271 Health clinic

275 Veterinary clinic

280 Ground parking

281 Multi-level parking

284 Car yard

Industrial

300 Vacant Land

310 Factory

311 Processing factory

320 General warehouse

321 Open storage

325 Coolstore/coldstore

331 Abattoirs

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Water {Notice of Disposition of Land) Regulations 2020 S.R.No.

Schedule I

Extractive industries

410 Sand

411 Gravel/stone

412 Manufacturing materials

413 Soil

Primary production

500 Native bushland

510 Cropping

520 Domestic Grazing

521 Non-native animals

522 Native W1im<1ls

523 Sheep

524 Deef cattle

525 Dairy cattle

540 Cattle feed lot

541 Poultry

544 Horse stud/stables

545 Piggery

546 Kennel/cattery

550 Market garden

551 Orchard/groves

561 Vineyard

562 Plant/nursery

Infrastructure

600 Vacant land

610 Gas/fuel wells

620 Power station

Community Services

710

7 I l

720

20-088SR.S 1-1 on12020

Public hospital

Private hospital

Kindergarten

6


Schedule I

721 Government school

722 School camps

723 Private school

725 University

726 TAFE

740 Place of worship

750 Hall

Sport

800 Vacant land

820 Indoor sports

821 Outdoor sport

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Water (Notice of Disposition of Land) Regulations 2020 S.R. No.

Endnotes

Endnotes 1 Reg. 4: S.R. No. 7212010.

20-088SR.Sl-! 0nl'}, 020 8

Hon Lisa Neville MP

Min ister for Police ond Emergency Services

Minister for Water

WATER ACT 1989

8 Nicholson Street East Melbourne, Victoria 3002 Telephone: 03 9637 9654 DX210098


RECOMMENDATION

It is recommended to the Governor in Council that, under section 324 of the Water Act 1989, the Water (Notice of Disposition of Land) Regulations 2020 be made.

Advice from the Chief Parliamentary Counsel is submitted as required by section 13 of the Subordinate Legislation Act 1994.

A regulatory impact statement in respect of these Regulations has not been prepared . As the Minister responsible for the administration of the Water Act 1989, I have issued an exemption certificate under section 8 of the Subordinate Legislation Act 1994 and it is attached.

Under my hand, the following, additional, certificates are attached :

• A consultation certificate under section 6 of the Subordinate Legislation Act 1994;

• A human rights certificate under section 12A of the Subordinate Legislation Act

1994.

Dated: 13/07/2020

The Hon Lisa Neville MP

Minister for Water

APPRO'irl!~J BY THE GOVERN OR IN COUNCIL

c.cl1~ CLERK OF THE EXECUTIVE COUNCIL

Hon Lisa Neville MP

Minister for Police and Emergency Services

Minister for Water


Subordinate Legislation Act 1994

CONSULTATION CERTIFICATE

(Section 6)


I, Lisa Neville, Minister for Water, and Minister responsible for administering the Water Act

1989, certify that in accordance with the guidelines made under the Subordinate Legislation Act 1994 there has been consultation with:

(a) every other Minister whose area of responsibility may be affected by the proposed Water (Notice of Disposition of Land) Regulations 2020 and there is no overlap or conflict with any other existing or proposed statutory rule, legislation or stated government policy; and

(b) Australian Institute of Conveyancers - Victorian Division, being a sector of the public on which a significant economic or social burden may be imposed by the proposed Water (Notice of Disposition of Land) Regulations 2020, so that the need for, and the scope of, the proposed Water (Notice of Disposition of Land) Regulations 2020 has been considered.

Dated: 13/07/2020


Minister for Water

NOTED BY THE GOVERNOR IN COUNCIL

2 1 _JUL 2020

CLERK OF THE EXECUTIVE COUNCIL

Hon Lisa Neville MP

Minister for Police ond Emergency Services

Minister for Water



EXEMPTION CERTIFICATE

{Section 8)


I, Lisa Neville, Minister for Water, and Minister responsible for administering the Water Act 1989, certify under section 8{1){a) of the Subordinate Legislation Act 1994 that in my opinion, the proposed Regulations do not impose a significant economic or social burden on a sector of the public.

The reasons for forming this opinion are that the proposed statutory rule ensure that water corporations are able to obtain information in relation to the disposition of land as provided for under the Act. When a property is sold or transferred, any outstanding charges are incurred by the purchaser. Therefore, it is important for water corporations to be informed about a sale of a property that is subject to water charges, and the details of the purchaser.

I am advised that water corporations receive around 121,000 notices of disposition each year. In practice, these notices are provided by conveyancers when completing other required forms in order to complete the transfer of property and that the costs of staff time to enter data and submit notices and other documents at the conclusions of a conveyance is around $150 on average per transaction. Of this, it is understood that around $10 per transaction could be considered as being additional costs attributable to the need to provide a notice of disposition. With around 121,000 notices of disposition provided each year, this would be a total incremental cost of $1.2 million per year. Therefore, the proposed regulations will not impose a significant economic nor social burden on sectors of the public and will ensure that water corporations are able to levy water charges on the proper owners of land.

Accordingly, a Regulatory Impact Statement is not required for these Regulations.

Dated: 13/07/2020


Minister for Water


2 1 .JUL 2020 CU!R,K OF THE EXECUTIVE COUNCIL

Hon Lisa Neville MP

Minister for Police ond Emergency Services

Minister for Water


HUMAN RIGHTS CERTIFICATE

{Section 12A)

8 Nicholson Street East Melbourne, Victorio 3002 Telephone: 03 9637 9654 DX210098


I, Lisa Neville, Minister for Water and Minister responsible for administering the Water Act

1989 certify that, in my opinion:

the proposed Water (Notice of Disposition of Land) Regulations 2020 do not limit any human right set out in the Charter of Human Rights and Responsibilities Act 2006.

Dated: 13/07/2020


Minister for Water


2 1 JUL 2020

CLERI< OF THE EXECUTIVE COUNCIL

PARLIAMENTARY COUNSEL VICTORIA

Your Reference: Marc Ross

Our Reference: 20-088:EAM (JA)

Parliamentary Counsel's Chambers Level 2, 1 Macarthur Street, Melbourne, VIC 3002

DX210753 Tel: (03) 9651 2103 Fax: (03) 9651 2107

Website: www.legis/ation.vie.gov.au

SUBORDINATE LEGISLATION ACT 1994 SECTION 13 CERTIFICATE

Proposed statutory rule : Water (Notice of Disposition of Land) Regulations 2020

Authorising Act : Water Act 1989

Date of print of proposed statutory rule : 10 July 2020

A proposed statutory rule that is to be made by, or with the consent or approval 1,f, the Governor in Council must be submitted to tlie Chief Parliamentary Counsel for the issue of a certificate by the Chief Parliamentary Counsel t,pecifying whether the proposed statutory rule -


2 1 JUL 2020

CLERK OF THE [XECUTIVE COUNCIL --(a) appears to be within the powers (a) so appears;

conferred by the authorising Act;

(b) appears without clear and express (b) authority being conferred by the authorising Act-

(i) to have a retrospective effect; or (i) if made on or before 22 July 2020, does not so appear;

(ii) to impose a tax, Jee, fine, (ii) does not so appear; imprisonment or other penalty; or

(iii) to shift the legal burden of proof to a (iii) does not so appear; person accused ofan offence; or

(iv) to sub-delegate powers delegated by (iv) does not so appear; the authorising Act;

(c) appears to be consistent with the general (c) so appears; objectives of the authorising Act;

(d)

(e)

appears to he consistent with ,md to achieve the objectives set out in the prtJposed statutory rule and, if the proposed statutory rule iv to amend rm existing statutory rule, appears to be consistent with the objectives set out in the existing statutory rule;

appears to be inc<Jnsistent with pri,rciples of justice and fairness;

( d) so appears;

(e) does not so appear;

(j) appears signijicant(v or sub tantially to (f) does not so appear; overlap or conflict with any other tatutory rule or legislation;

(g) is expre:,·sed unambiguously possible.

as clearly and as is reasonably

(g) is so expressed.


2 1 JUL 2020

CLERK OF THE EXECUTIVE COUNCIL

~~ MARINA FARNAN

Chief Parliamentary Counsel

Date: 10 July 2020

This certfficate relates to the circumstances as at the date of the certificate.

regulations 2020 7i - parliament of victoria

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