Consolidated Version

BULK ENTITLEMENT (LAL LAL - BARWON) CONVERSION

ORDER 1995

Introduction:

This is a consolidated version of the Bulk Entitlement (Lal Lal - Barwon) Conversion Order 1995.

It has been prepared from the original bulk entitlement (gazettal G48 07/12/1995) and all

subsequent amendments made under Division 1 of Part 4 of the Water Act 1989 (the Act) up to 20

October 2010 (for details of amendments included see Appendix 1). Copies of the original bulk

entitlement and each subsequent amendment can be found at: http://waterregister.vic.gov.au/waterentitlements/

bulk-entitlements.

 

This document has been created as a working record for staff of the Department of Environment

and Primary Industries, and may also be a convenient record for members of the public. Unless

referenced specifically in Appendix 1, this document does not contain information about temporary

qualifications of rights made under section 33AAA of the Act, or any transfer made under Division

1 of Part 4 of the Act.

 

Wherever five stars (as shown below) appears in the document, this indicates that the relevant

clause/sub-clause or schedule has been deleted.

* * * * *

 

Disclaimer:

The Department of Environment and Primary Industries does not provide any assurance of the

correctness or accuracy of this record and any member of the public accessing it is referred to the

instruments detailed in Appendix 1 from which it was compiled.

The Department of Environment and Primary Industries disclaims all liability for any loss which

may be occasioned by any person relying on this record.

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Bulk Entitlement (Lal Lal- Barwon) Conversion Order 1995 – Consolidated Version as at 22 October 2010

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WATER ACT 1989

BULK ENTITLEMENT (LAL LAL - BARWON) CONVERSION

ORDER 1995

I, Charles Geoffrey Coleman, Minister administering the Water Act 1989, make the

following Order-

1 CITATION

This Order may be cited as the Bulk Entitlement (Lal Lal- Barwon) Conversion Order

1995.

2 EMPOWERING PROVISIONS

This Order is made under sections 43 and 47 of the Water Act 1989.

3 COMMENCEMENT

This Order comes into operation on the day on which it is published in the Government

Gazette

4 DEFINITIONS

In this Order -

"Act" means the Water Act 1989;

"Authority" means the Barwon Region Water;

"entitlement" means the total amount of water which the Authority may take from the

reservoir in any year, determined in accordance with sub-clause 6.1;

"entitlement holder" means a person holding a bulk entitlement under the Act;

"environment Minister" has the same meaning as in section 3(1) of the Act.

"licence" means a licence granted under Part 4 of the Act;

"licence volume" means the volume of water available under a licence;

"Moorabool Basin Water Accounts" means an annual report, required by the Minister,

on compliance by entitlement holders and licensees, respectively, in the Moorabool Basin,

with the terms of their bulk entitlements or licences;

"passing flow" means an amount of the flow into the reservoir which must be –

(a) allowed to pass through the reservoir; and

(b) released without delay to the waterway immediately down stream of the

reservoir;

"reservoir" means the Lal Lal Reservoir formed by the Bungal Dam on the West Branch

of the Moorabool River;

"reservoir entitlement holder" means a person holding a bulk entiltmeent under the Act

to store and take water from the reservoir;

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"Resource Manager" means any person appointed by the Minister to do all or any of the

following -

(a) prepare the Moorabool Basin Water Accounts; and

(b) monitor whether bulk entitlement holders in the Moorabool Basin comply with

the conditions of their bulk entitlements; and

(c) direct the release of any water set aside for maintaining water quality in the

Moorabool Basin.

(d) investigate and mediate disputes between bulk entitlement holders in the

Moorabool Basin; and

(e) investigate and deal with significant unauthorised uses of water in the

Moorabool Basin; and

(f) supervise the qualification of any rights to water made by the Minister during

periods of declared water shortage under section 13 of the Act;

"specified point A" means the outlet of the reservoir;

"specified point B" means the She Oaks Diversion Weir;

"source cost" means the total annual cost of -

(a) operating, maintaining and administering; and

(b) making an appropriate allowance for financing and renewing ; and

(c) managing the catchment for water supply purposes to protect the quality of

water; and

(d) implementing, in accordance with clause 16, the program to manage the

environmental effects of the reservoir and the ancillary works related to the

supply of this bulk entitlement;

"Storage Operator" means any person appointed by the Minister to operate the reservoir;

* * * * *

"waterway" means the West Branch of the Moorabool River;

"year" means the 12 months next following 1 July.

5 CONVERSION TO BULK ENTITLEMENTS

All of the Authority's entitlement to water from the reservoir is converted to a bulk

entitlement on the conditions set out in this Order.

6 BULK ENTITLEMENT

6.1 The Authority may take from its share of reservoir capacity at specified point A up to

17,775 ML of water in any consecutive 3 year period which includes the current

year.

6.2 Subject to clause 14 the Authority may take water released to the waterway under

sub-clause 6.1 at specified point B.

6.3 Subject to Division 1, Part 4 of the Act, this bulk entitlement may be transferred –

(a) temporarily or permanently;

(b) in whole or in part;

(c) for any purpose, including an in-stream use of water.

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7 SHARE OF CAPACITY

7.1 The capacity of the reservoir is up to 59,549 ML at the full supply level of 412.39

metres Australian Height Datum.

7.2 Subject to clause 8.3, the Authority is entitled to–

(a) 28.2 per cent of the capacity of the reservoir; and

(b) all water stored in its share of the reservoir

but may not release or transfer any more than its entitlement in any consecutive 3

year period.

8 SHARE OF FLOW

8.1 Subject to sub-clause 8.2, the Authority is entitled to store in its share of reservoir

capacity —

(a) 28.2 per cent of the flow into the reservoir; or

(b) if at least one reservoir entitlement holder’s share of reservoir capacity is full,

inflows are to be redistributed between the reservoir entitlement holders whose

shares of reservoir capacity are not full, in proportion to the inflow shares of

those reservoir entitlement holders.

8.2 The Authority must not release as part of its bulk entitlement or store in the reservoir

—

(a) the passing flows specified in sub-clause 9.1; or

(b) any flow into the reservoir which is being transferred by the holder of —

i. any other bulk entitlement; or

ii. any licence; or

(c) any flow into the reservoir when the Authority’s share of reservoir capacity is

full.

9 PASSING FLOW

9.1 The following passing flow must be provided from the reservoir —

(a) when the cumulative flow into the reservoir during the preceding 24 month

period is greater than or equal to Q then:

when F ≤ 20 ML/d, P = F; and

when F > 20 ML/d, P = 20 ML/d; and

(b) when the cumulative flow into the reservoir during the preceding 24 month

period is less than Q then:

when F ≤ 5 ML/d, P = F; and

when F > 5 ML/d, P = 5 ML/d;

where-

F = the flow into the reservoir calculated in ML/d less any flow under

transfer pursuant to sub-clause 8.2 (b); and

P = the passing glow in ML/d; and

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Q = the 24 month cumulative flow into the reservoir that is equalled or

exceeded 90% of the time.

9.2 The Minister may review the calculation of Q if, in the Minister’s opinion, the

result of the calculation is, at any time, no longer fair and reasonable.

10 RELEASES

10.1 Subject to sub-clause 10.2, the capacity of the outlet works of the reservoir is to be

shared equally between all reservoir entitlement holders.

10.2 The Authority must within 12 months of the date of this Order and then may from

time to time, jointly with the other reservoir entitlement holders, propose to the

Minister fair and reasonable means of sharing the capacity of the outlet works of

the reservoir.

10.3 The Minister may –

(a) approve all or any means proposed under sub-clause 10.2; or

(b) require the reservoir entitlement holders to amend all or any means proposed;

and

(c) require the reservoir entitlement holders to –

(i) review all or any of the means approved by the Minister, if, in the

Minister’s opinion, they are, at any time, no longer fair and reasonable;

and

(ii) propose amended means to the Minister.

11 * * * * *

12 SUPPLY OF WATER

12.1 The Authority and the Storage Operator must endeavour to agree on operational

arrangements for the supply of water from the reservoir.

12.2 If the Authority and the Storage Operator have not reached agreement under subclause

12.1 within twelve months of the date of this Order, either party may give

written notice to the other party requiring the matter to be determined in accordance

with clause 25.

13 ACCOUNTING FOR ENTITLEMENTS TO WATER FROM THE

RESERVOIR

13.1 The Authority and other reservoir entitlement holders must jointly propose to the

Minister, within 12 months of the date of this Order, means of accounting for –

(a) the reservoir inflows and passing flows; and

(b) losses through evaporation , seepage or any other means from the reservoir;

and

(c) the amount of water taken or released from the reservoir by each entitlement

holder; and

(d) the amount of water in each entitlement holder’s share of reservoir capacity;

and

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(e) the apportionment of shares of inflows when an entitlement holder’s share of

reservoir capacity is full.

(f) * * * * *

13.2 The Minister may –

(a) approve a proposal made under sub-clause 13.1; or

(b) require the Authority to amend the proposal; and

(c) require the Authority –

(i) to review all or part of any proposal approved by the Minister, if, in the

Minister’s opinion, it is any time, no longer fair, reasonable or

representative; and

(ii) to propose an amended proposal to the Minister.

14 ACCOUNTING FOR LOSSES FROM RELEASES TO THE

WATERWAY

14.1 The Authority must propose to the Minister, within 12 months of the date of this

Order, means of accounting for losses through evaporation, seepage or any other

means from releases made to the waterway from the reservoir and taken at specified

point B.

14.2 The Minister may –

(a) approve a proposal made under sub-clause 14.1; or

(b) require the Authority to amend the proposal; and

(c) require the Authority –

(i) to review all or part of any proposal approved by the Minister, if, in the

Minister’s opinion, it is any time, no longer fair, reasonable or

representative; and

(ii) to propose an amended proposal to the Minister.

14.3 The Authority must-

(a) advise the Resource Manager in writing within 14 days of any proposal

approved by the Minister under sub-clause 14.2; and

(b) provide the Resource Manager with such information concerning accounting

for losses from releases as the Resource Manager, may, from time to time,

require.

15 TAKING WATER AT ANY POINT OTHER THAN SPECIFIED

POINT B

15.1 If the Authority proposes to take water under this entitlement from a point

downstream of specified point A, other than specified point B, it must first propose

to the Minister-

(a) details of the proposed location and amount of th extraction; and

(b) details of the means of accounting for any losses through evaporation, seepage

or any other means from the waterway; and

(c) an analysis demonstrating that there will be no impact on any other bulk

entitlement or licence held by another person; and

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(d) details of any proposed amendment to the Authority’s metering program

approved under sub-clause 18.2; and

(e) details of the Resource Manager’s operational requirements.

15.2 The Minister may –

(a) approve a proposal made under sub-clause 15.1; or

(b) require the Authority to amend the proposal; and

(c) require the Authority –

(i) to review all or part of any proposal approved by the Minister, if, in the

Minister’s opinion, it is any time, no longer fair, reasonable or

representative; and

(ii) to propose an amended proposal to the Minister.

15.3 The Authority must-

(a) advise the Resource Manager in writing within 14 days of any proposal

approved by the Minister under sub-clause 15.1; and

(b) provide the Resource Manager with such information concerning the proposed

diversion as the Resource Manager, may, from time to time, require.

16 ENVIRONMENTAL OBLIGATIONS

16.1 The Authority and other reservoir entitlement holders must jointly propose to the

Minister, within 12 months of the date of this Order, a program to manage the

environmental effects of storing and releasing water from the reservoir which

includes -

(a) impacts on the bed and banks of the waterway in the vicinity of the reservoir

and ancillary works; and

(b) operational practices to remove silt from works; and

(c) operational practices to manage the water quality in the reservoir; and

(d) operational rules for controlled releases of water from the reservoir; and

(e) operational rules to manage flood flows through the reservoir.

16.2 The Minister may -

(a) approve the program proposed under sub-clause 16.1;

(b) require the reservoir entitlement holders, to amend the proposed program; and

(c) require the reservoir entitlement holders to -

(i) review the program approved by the Minister if, in the Minister's

opinion, it is, at any time, no longer appropriate; and

(ii) propose an amended program to the Minister.

16.3 The Authority, together with the other reservoir entitlement holders, must at their

cost -

(a) implement the approved program; and

(b) keep a record of all work undertaken under paragraph (a).

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17 JOINT METERING PROGRAM

17.1 The Authority and other reservoir entitlement holders must jointly propose to the

Minister within 12 months of the date of this Order a metering program to

determine -

(a) the flow into the reservoir; and

(b) the amount of water in the reservoir; and

(c) the passing flow.

17.2 The Minister may -

(a) approve the program proposed under sub-clause 17.1; or

(b) require the reservoir entitlement holders to amend the proposed program; and

(c) require the reservoir entitlement holders -

(i) to review the program approved by the Minister if, in the Minister's

opinion, it is, at any time, no longer appropriate; and

(ii) to propose an amended program to the Minister.

17.3 The Authority, together with the other reservoir entitlement holders, must at their

cost -

(a) implement and maintain the approved metering program; and

(b) operate and maintain metering equipment in good condition and periodically

re-calibrate the metering equipment in accordance with any guidelines issued

by the Minister; and

(c) keep a record of all work undertaken under paragraph (b).

18 AUTHORITY’S METERING PROGRAM

18.1 The Authority must propose to the Minister within 12 months of the date of this

Order a metering program to determine -

(a) the amount of water released to the waterway at specified point A ; and

(b) the amount of water taken by the Authority from the waterway downsteam of

the reservoir.

18.2 The Minister may -

(a) approve the program proposed under sub-clause 18.1; or

(b) require the Authority to amend the proposed program; and

(c) require the Authority to-

(i) review the program approved by the Minister if, in the Minister's

opinion, it is, at any time, no longer appropriate; and

(ii) propose an amended program to the Minister.

18.3 The Authority must, at its cost -

(a) implement and maintain the approved metering program; and

(b) operate and maintain metering equipment in good condition and periodically

re-calibrate the metering equipment in accordance with any guidelines issued

by the Minister; and

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(c) keep a record of all work undertaken under paragraph (b).

19 REPORTING REQUIREMENTS

19.1 The Authority may be required to report on all or any of the following matters, as

provided in this clause:

(a) the daily flow into the reservoir;

(b) the daily flow into the Authority’s share of reservoir capacity;

(c) the daily passing flow;

(d) the daily amount of water released from the reservoir at specified point A to the

waterway under this entitlement;

(e) the daily amount of water taken at specified point B;

(f) the amount of water in the Authority’s share of reservoir capacity;

(g) the annual flow into the Authority’s share of reservoir capacity;

(h) the annual amount of water released from the reservoir at specified point A to

the waterway under this entitlement;

(i) the annual amount of water taken at specified point B under this entitlement;

(j) * * * * *

(k) the location and annual amount of water taken pursuant to clause 15;

(l) the annual amount of losses debited to the Authority’s share of reservoir

capacity;

(m) the annual amount of losses from releases between specified point A and

specified B;

(n) the implementation of programs approved under sub-clauses 16.2, 17.2 and

18.2;

(o) any temporary or permanent transfer of all or part of this bulk entitlement;

(p) any bulk entitlement or licence in respect of the waterway temporarily or

permanently transferred to the Authority with respect to the reservoir;

(q) any amendment to this bulk entitlement;

(r) any new bulk entitlement granted to the Authority with respect to its

entitlement to a share of reservoir capacity;

(s) any failure by the Authority to comply with any provision of this bulk

entitlement;

(t) any existing or anticipated difficulties experienced by the Authority in

complying with this bulk entitlement and any remedial action taken or

proposed by the Authority.

19.2 The Minister may require the Authority to report on all or any of the matters set out

in sub-clause 19.1 -

(a) in writing or in such electronic form as may be agreed between the Authority

and the Minister; and

(b) within 14 days of receiving the Minister's written request.

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19.3 The Authority must, for the period of the preceding year, report in its Annual

Report on each of the matters set out in sub-clause 19.1, except -

(a) paragraphs (a) to (e) of sub-clause 19.1; and

(b) with the approval of the Minister, any particular failure referred to in paragraph

(s) of sub-clause 19.1;

19.4 The Resource Manager may require the Authority to report from time to time, on

all or any of the matters set out in sub-clause 19.1.

19.5 Any report under sub-clause 19.4 must be made -

(a) in such form as may be agreed between the Authority and the Resource

Manager; and

(b) unless the Authority and the Resource Manager agree otherwise -

(i) within 24 hours of the Authority receiving a request for a report on any

matter set out in paragraphs (a) to (f) of sub-clause 19.1; or

(ii) within 14 days of the Authority receiving a request for a report on any

matter set out in paragraphs (g) to (t) of sub-clause 19.1.

20 WATER RESOURCE MANAGEMENT COSTS

20.1 Subject to sub-clause 22.1, the Authority must pay the Resource Manager a fair and

reasonable proportion of the costs incurred by the Resource Manager to -

(a) prepare the Moorabool Basin Water Accounts; and

(b) monitor whether bulk entitlement holders in the Moorabool Basin comply with

the conditions of their bulk entitlements; and

(c) direct the release of any water set aside for maintaining water quality in the

Moorabool River

(d) investigate and mediate disputes between bulk entitlement holders in the

Moorabool Basin; and

(e) investigate and deal with significant unauthorised use of water in the

Moorabool Basin; and

(f) supervise the qualification of any rights to water made by the Minister during

periods of declared water shortage under section 13 of the Act.

20.2 The proportion of the costs referred to in sub-clause 20.1 will be as determined by

the Resource Manager under sub-clause 22.3.

21 OPERATOR COSTS

21.1 Subject to sub-clause 22.1 the Authority must pay the Storage Operator an annual

source charge, agreed between the Storage Operator and the reservoir entitlement

holders, or if they cannot agree, determined under sub-clause 21.2.

21.2 The source charge is calculated as follows:

Cs = $ (1/3 + (A ÷ 21000) x (S + R)

where -

Cs = the annual source charge.

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A = the amount of surplus water requested by the Authority, in

accordance with sub-clause 11.2 for the year for which the

charges are prepared.

S = the estimated source costs for the year for which charges are

prepared.

R = return to Bungal Dam equity holders for the year for which

charges are prepared.

21.3 The annual source charge must be paid by the Authority each year, whether or not

water has been released from the reservoir by the Authority in that year.

22 DUTY TO KEEP ACCOUNTS AND FIX PROPORTIONS

22.1 The Authority is not obliged to make any payment to -

(a) the Resource Manager under clause 20; or

(b) the Storage Operator under clause 21 -

unless the person to whom the payment is payable chooses to comply with the

provisions of this clause relevant to those payments.

22.2 Separate accounts of all costs and payments must be kept -

(a) by the Resource Manager in respect to clause 20; and

(b) the Storage Operator in respect to clause 21.

22.3 The Resource Manager must, by 1 July in any year, determine, for the ensuing year

a fair and reasonable proportion of the costs referred to in sub-clause 20.1.

22.4 Accounts required to be kept under this sub-clause must be made available for

inspection by the Authority upon request.

23 DUTY TO MAKE PAYMENTS

Any amounts payable by the Authority -

(a) under clause 20 must be paid quarterly; and

(b) under clause 21 must be paid –

in arrears, within 28 days of the Authority receiving an invoice, unless the Authority

and the person to whom the amount is payable agree otherwise

24 DATA

24.1 The Minister will use the Minister's best endeavours to ensure that all hydrological

and other data required by the Authority to comply with this bulk entitlement are

made available to the Authority, free of charge.

24.2 The Authority must make available data collected for the purpose of the metering

program and reporting under sub-clauses 17, 18 and 19 to any person, subject to the

person paying any fair and reasonable access fee imposed by the Authority to cover

the costs of making the data available.

25 DISPUTE RESOLUTION

25.1 If any difference or dispute arises between the Authority, the Minister and, with

their consent, another reservoir entitlement holder, the Resource Manager, the

Storage Operator , or any of them (the "parties") concerning the interpretation of

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application of this Order, which is not resolved within 14 days of it arising, any

party may give written notice to the others requiring the matter to be determined by

an independent expert, if it is not otherwise resolved, within 14 days of that notice.

25.2 The independent expert will be either -

(a) a person agreed to by the parties to the difference or dispute; or

(b) if those parties cannot agree, a person nominated by the Minister.

25.3 The independent expert must reach a conclusion on the matter within 30 days of it

being referred, but has power to extend the period for determining the matter by a

further 30 days.

25.4 The independent expert must send a copy of the conclusion and its supporting

reasons to each party to the difference or dispute.

25.5

(a) In any difference or dispute to which the Minister is a party, the independent

expert must express the conclusion as a recommendation.

(b) the Minister must consider any recommendation made under paragraph (a)

before deciding to give a direction under section 307 or to take any other action

under the Act in relation to the difference or dispute.

25.6 In any difference or dispute in which the Minister is not a party, any conclusion by

an independent expert is final and binding on the parties.

25.7 The apportionment of the costs of and incidental to every reference, including the

costs of the independent expert, shall be at the discretion of the independent expert.

Dated: 21/11/1995

Responsible Minister: Geoff Coleman

Minister administering the Water Act 1989

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APPENDIX 1

Below is a list of all the amendments made to the Bulk Entitlement (Lal Lal - Barwon)

Conversion Order 1995 under Division 1 of Part 4 of the Act to date. A summary of the purpose

of each amendment and details about which sections were changed in each case is provided below.

Additional information on Bulk and Environmental Entitlement can be accessed from the Victorian

Water Register website at http://waterregister.vic.gov.au/water-entitlements/bulk-entitlements or

by contacting the Department of Environment and Primary Industries Customer Service Centre on

136 186.

 

Government Gazette details	Amendment citation and summary of changes
S427 20 October 2010	Bulk Entitlement (Lal Lal - Barwon) Conversion Amendment Order 2010 Purpose: To amend the order to reduce Barwon Region Water Corporation’s entitlement to inflows and storage capacity in Lal Lal Reservoir to provide for the allocation of the Moorabool Environmental Entitlement 2010.

 

Amendments:

Substituted: 4, 6.1, 7, 8,

Repealed: 11, 13.1(f), 19.1(f)

 

 

Link to original document: http://waterregister.vic.gov.au//index.php?option=com_waterregister_reports&task=loadFile&fileName=Bulk+Entitlement+%28Lal+Lal+-+Barwon%29+Conversion+Order+1995+as+at+October+2010.pdf&filePath=%2FDocumentRepository%2FActive%2FMiscellaneous%2F&type=R02