Water Act 1989
Under the Water Act 1989 (Act), the Minister for Water has delegated powers and functions for licence administration to water corporations, like Goulburn-Murray Water (GMW).
In addition to delivering water and drainage irrigation services, GMW is responsible for the compliance and enforcement of rules and legislative requirements surrounding the take and use of water and construction of works.
Why are compliance powers needed?
Water is a precious and limited resource. Zero-tolerance to water theft provides equity of access to limited water resources and protects those who are doing the right thing.
Water theft is a crime and there are new rules for stronger compliance. This is because whenever a little more water is taken than is allowed, it can easily add up and there is limited water to go around.
Our Water Use Compliance Strategy explains how GMW manages compliance under the Act.
Victoria has widespread and modern metering that helps monitor and manage compliance. As of 30 September 2019, Victoria has approximately 48,035 non-urban meters, 51 per cent of which are telemetered.
At GMW we are continuing to invest in modern metering and telemetry to improve monitoring of groundwater and surface water use. Our approach also includes proactive measures and safeguards to prevent unauthorised take of water to protect other water users, the environment and ensure the integrity of the water market.
In 2018/19, there was a significant increase in reporting of both potential breaches and enforcement actions as a result of increased scrutiny of metering and system monitoring data.
Our priority for 2020/21 will be continuing to improve the monitoring and enforcement of unauthorised take of water.
What powers does GMW have?
The Act gives GMW officers various regulatory powers to gather evidence for a variety of purposes related to administering the Act. GMW officers have a range of available compliance and enforcement tools to ensure water use compliance, including investigation and prosecution of offences of the Act. Examples of compliance powers under the Act are:
Powers GMW has under the Water Act 1989
| Powers |
Section of Act |
| Appoint an authorised water officer |
291A |
| Require a person to state their name and address |
293(1) |
| Require occupier or manager to state owner's name or address |
294(1) |
| Enter land for the purpose of exercising powers under section 133(1)(c)(d) |
133(1) |
| Reduce, restrict or discontinue water supply |
141 and 231 |
| Enter land to undertake emergency water supply protection |
167 and 171E |
| Power to remove substance or thing |
168 |
| Issue penalty infringements notices, prosecute, suspend or revoke licences |
295(A), 296, 60, 64AJ, 64AK, 74AB |
What can I expect from a GMW officer?
GMW’s officers are accountable for their actions and decisions they make during investigations. We require officers to:
- make ethical and informed decisions
- demonstrate a culture of accountability and professionalism
You can make a complaint if you believe a GMW officer’s actions have not been consistent with these requirements or have not been fair or reasonable.
Complaints can be made by phoning us on 1800 013 357 or via the Energy and Water Ombudsman Victoria, which is an independent dispute resolution service.
More information
This fact sheet is one in a series explaining compliance & enforcement at GMW. You can find this series and further information about water use compliance on the Water Use Compliance and Enforcement page.
For enquiries, phone GMW on 1800 013 357 or email us at compliance@gmwater.com.au