Melbourne

Key legislation for managing surface water in the Melbourne region are the Water Act 1989 (Victoria) and the Water Industry Act 1994 (Victoria).

Under the Water Act 1989 (Victoria), the Victorian Government retains the overall right to use, flow and control Victoria’s surface water, and to issue entitlements. The Water Act 1989 (Victoria) establishes the water entitlement framework for the allocation and management of the State's water resources. It sets out the functions, powers and governance for Victoria’s rural and regional water corporations and Melbourne Water.

The Water Industry Act 1994 (Victoria) governs how the three government-owned metropolitan Melbourne water retail companies are licensed and operate.

Victoria’s water entitlement and allocation framework provides the basis for the management of Victoria’s water resources and governs the way water can be ‘taken’ and ‘used’ in Victoria. The framework takes a whole-of-system approach to water management in that it considers all water resources (surface water and groundwater) for both consumptive and environmental purposes at all phases of the water cycle.

The main planning documents which influenced water management in Victoria up to 2009–2010 were:

• the Central Region Sustainable Water Strategy 
• Our Water Our Future – White Paper (2004)
• Our Water Our Future – The Next Stage of the Government’s Water Plan (2007)
• Bulk entitlements authorising the taking of water from Melbourne’s rivers for urban and rural use, the environmental entitlements and the surface water and groundwater licensing regime
• Urban water corporations’ water supply demand strategies
• Urban water corporations’ drought response plans
• Water supply management plans for managing licensed diversions on unregulated streams.

Groundwater in Victoria is managed through 'take and use' licensing of water taken for irrigation and commercial purposes. Aquifers are also protected through a bore construction licensing framework that controls the standards of bore construction.

Licensing powers are derived from the Water Act 1989 (Victoria) and are delegated by the Victorian Minister for Water.

With respect to groundwater, the Water Act 1989 (Victoria) provides for:

• licensing of drillers
• licensing of bore construction
• licensing of groundwater used for irrigation and commercial purposes
• the continuation of private rights to groundwater for domestic and stock use
• preparation of management plans in Water Supply Protection Areas.

New bore construction and groundwater extraction licence applications are assessed, taking into account any adverse impacts on existing users, waterways, wetlands and aquifers.

The Water Act 1989 (Victoria) allows individuals to take water for domestic and stock purposes from a range of surface water and groundwater sources without a licence. These domestic and stock rights are defined under section 8(1) and section 8(4)(c) of the Water Act 1989 (Victoria) and are not formally issued.

Management plans must be developed when a groundwater management unit is declared a Water Supply Protection Area. The process for developing a management plan is set out in Section 32 of the Water Act 1989 (Victoria).

In the Melbourne region, a groundwater management plan is currently being prepared for the Koo Wee Rup Water Supply Protection Area. It outlines the potential risks to groundwater in the area and management actions, including the permanent trading zones and rules. It also aims to protect water quality by managing use near the coast to reduce the likelihood of seawater intrusion to the aquifers.

In Groundwater Management Areas, management rules are developed, which describe:

• the resource
• management objectives
• specific rules for restrictions in times of shortage, carryover (if applicable) and trade.

Local management rules cannot amend licence conditions.

Within the State of Victoria, the environment’s share of water is called the Environmental Water Reserve.

The Environmental Water Reserve is defined in section 4A of the Water Act 1989 (Victoria) and is made up of:

• entitlements for the environment
• water set aside for the environment through the operation of conditions on consumptive water entitlements and provisions in water supply management plans
• ‘above cap’ water that includes water left over after limits on diversions are reached and unregulated flows that cannot be held in storage.

In the Melbourne region, the Environmental Water Reserve comprises:

• Tarago and Bunyip Rivers Environment Entitlement 2009
• Yarra River Environmental Entitlement 2006
• water set aside for the environment through the operation of passing flows released as a condition of consumptive bulk entitlements held by the Melbourne retail water companies, Southern Rural Water, Western Water and Central Highlands Water
• water set aside for the environment through the operation of licensed diversions with passing flow conditions (regulated and unregulated waterways)
• water set aside for the environment through the operation of streamflow management plans including operation of licensed diversions with passing flow conditions
• all other water not allocated for consumptive use (i.e. above the cap).

During 2009–10, Environmental Entitlements were held by the Victorian Minister for Environment, who delegated responsibility in this region to Port Phillip and Westernport Catchment Management Authority (the Catchment Management Authority) and Melbourne Water. The Catchment Management Authority and Melbourne Water worked with the holders of bulk entitlements and water licences to manage other environmental water.

Waterway management
Waterway management and general river health management is the responsibility of the Catchment Management Authority and Melbourne Water. 

Streamflow Management Plans are managed by Melbourne Water. Streamflow Management Plans are in place for:

• Diamond Creek
• Hoddles Creek
• Olinda Creek
• Plenty River
• Stringybark Creek
• Pauls, Steels and Dixon Creeks.

A further two Streamflow Management Plans are under development for Woori Yallock Creek and Little Yarra/
Don Creeks.

For more information on the individual plans, please refer to Melbourne Water's Stream Flow Management Plan website.