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What is a bulk entitlement?
A bulk entitlement is a legal right to take and use water granted under the Water Act 1989.
Who can hold a bulk entitlement?
Bulk entitlements can be held by water corporations, the Victorian Environmental Water Holder and other specified bodies defined in section 34 of the Act.
What rights and responsibilities are granted under a bulk entitlement?
In accordance with the section 43 of the Act, bulk entitlements may specify a range of conditions and obligations on its holder, including:
- rules about when, where and how much water can be taken
- rules about how the water can be used
- rules about the right to a share of storage capacity and share of inflows
- obligations to release flows for environmental uses
- obligations to supply primary entitlement holders
- obligations to contribute to the payment of operation and maintenance costs and
- obligations to meter, maintain accounts and report.
Where can I access bulk entitlement information?
Bulk entitlement orders are available on the Victorian Water Register.
How are bulk entitlements created?
The Minister for Water can issue bulk entitlements under the Act in 2 ways:
- Conversion of a pre-existing right to water into a bulk entitlement (section 47) or granting a new bulk entitlement (section 43).
- A potential bulk entitlement holder must apply to the Minister for Water for the conversion or granting of a bulk entitlement. The Minister Water must consider any applications in accordance with the procedures specified in the Act.
Can bulk entitlements be amended?
Yes, under section 44 of the Act bulk entitlement holders can apply to the Minister for Water to amend an existing bulk entitlement.
Can bulk entitlements be traded?
Bulk entitlements may be transferred under section 46D of the Act provided the holder has applied for and obtained approval from the Minister for Water.
Water allocation made available under bulk entitlements may also be assigned to another person under Section 46A of the Act in accordance with trading rules.
Applications to issue or amend a bulk entitlement
When the Minister for Water receives an application for a new bulk entitlement or to amend an existing bulk entitlement, the requirements set out in the Act are followed, including:
- applications are advertised on the Victorian Public Notices website and on this website
- depending on the nature of the proposal, the application process may involve consultation with stakeholders and local communities and submissions to the Department of Energy, Environment and Climate Action or the applicant
- the purpose of this consultation is to identify the potential impacts of the proposal, including any adverse impacts on existing water users and the environment
- the Minister for Water will consider any submissions received before making a determination on the application and
- new bulk entitlements or amendments are granted through an order from the Minister for Water or the Governor in Council and published in the Victorian Government Gazette.
Recently approved applications
Victorian Environmental Water Holder's River Murray Flora and Fauna bulk entitlement amendment
The Victorian Environmental Water Holder applied to the Minister for Water for a minor amendment to Bulk Entitlement (River Murray – Flora and Fauna) Conversion Order 1999.
This bulk entitlement includes a high-reliability entitlement for water recovered from Lower Murray Water's modernisation of the Robinvale irrigation district in 2013. Since then, the factors for converting long-term water recovery into entitlements have changed. The amendment makes a small increase to the entitlement, so it equals the long-term water recovery volume, using the current factor.
The Minister approved the minor amendment under section 45 of the Water Act 1989. The Victoria Government Gazette published the amendment notice on 28 June 2024. View or download from the Victorian Water Register.
Applications pending notification
Application for water for mine rehabilitation
The Minister for Water has received an application from AGL Loy Yang for a new bulk entitlement to surface water from the Latrobe River system for water-based rehabilitation of the Loy Yang coal mine. This is the first time an application for this specific purpose has been submitted.
This application will be considered by the Minister for Water under Part 4 of the Water Act 1989. This includes consideration of section 40 matters in the Water Act 1989, such as impacts on the environment and other entitlement holders in the Latrobe River system.
A decision on the application will not pre-empt the final approved rehabilitated landform of the Loy Yang mine and does not reduce AGL Loy Yang’s obligation to prepare a Declared Mine Rehabilitation Plan (DMRP) and an Environment Effects Statement (if required), as part of rehabilitation planning. As part of the statutory process, the Minister will give formal notice of the application and invite submissions from the public on the application. The Minister must consider these submissions when assessing and deciding on the application.
In addition, AGL will make a supplementary application to amend its existing power generation bulk entitlement to clarify that the existing bulk entitlement will cease before the commencement of use of water under any new bulk entitlement issued for mine rehabilitation. To ensure holistic consideration of the proposal by the Minister for Water and the public, it is intended to give formal notice of and invite public submissions on both applications at the same time. For the existing bulk entitlement, the public is invited to comment on the amendment proposed to the existing bulk entitlement by the supplementary application only.
DEECA will supply information on the timeline for the public notification process, and information on how to provide a submission, as soon as this information is available. Consultation will likely commence in the second half of 2024. Consistent with the DEECA Community Charter, we commit to providing ample time for public submissions, and to supplying clear and accessible information to inform the process. We will also report back on what we heard and how submissions are considered by the Minister in decision-making.
Page last updated: 29/07/24