The principal water legislation in Victoria affecting the water industry includes:
Water Act 1989 – relates to the management of surface and ground water, and the governance and operation of RUWAs and RWAs. The Act replaced common law rights with statutory rights to water, forming the basis for the bulk entitlements, water licences, trading, pricing and consultative processes and arrangements. The Crown has the primary right to the use, flow and control of all water in waterways and groundwater.
Water Industry Act 1994 – under which the three State-owned metropolitan retail water and sewerage companies are licensed and operate.
State Owned Enterprises Act 1994 – establishes the Melbourne retailer companies and as a result are subject to Corporations Law.
Melbourne Water Corporation Act 1992 – establishes the State-owned metropolitan bulk water and sewerage company, Melbourne Water Corporation.
Metropolitan Board of Works Act 1958 – sets out the powers and functions of Melbourne Water.
Catchment and Land Protection Act 1994 (the CaLP Act) – Under the Act, Victoria is divided into ten catchment regions and a Catchment Management Authority (CMA) is established for each region.
Environment Protection Act 1970 – the Act prevents pollution and environmental damage by setting environment quality objectives and establishing programs to meet them.
Health Act 1958 – assists in protecting public health in Victoria in partnership with the community.
Constitution (Water Authorities) Act 2003 - keeps the responsibility for ensuring the delivery of water services in public hands.
Safe Drinking Water Act 2003 – protects and improves the quality of drinking water supplies in Victoria.
Water Legislation (Essential Services Commission and Other Amendments) Act 2003 – establishes the Essential Services Commission (ESC) as the economic regulator of the water industry. Furthermore it enables the ESC to make pricing determinations for the water industry.
Essential Services Act 2001 - provides for the ESC’s broad objectives, functions and powers in regulating the water industry.
Financial Management Act 1994 – most water businesses are required to complete an annual report under the provisions of the Act.
Audit Act 1994 – provides the legal basis for the Auditor General’s access to all Government information and the freedom to report findings arising from audits to Parliament.
