| Offence | 2019-20 | 2020-21 | 2021-22 |
|---|---|---|---|
| Unauthorised take of water | 24 | 50 | 7 |
| Interference with an authority's property | 0 | 0 | 1 |
| Failure to comply with water use restrictions | 0 | 1 | 3 |
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Water corporations that manage water resources in non-urban areas play a key role in securing the rights of all water users as well as safeguarding the State’s water resources.
A breakdown of compliance activities over 2021–22
- Victoria has a zero-tolerance approach to unauthorised take, ensuring a level playing field for all water users.
- Victoria is committed to maintaining its strong compliance record to maintain the integrity of the entitlements market and protect the environment.
- Water corporations have a greater capacity for more compliance and enforcement activities than in past years due to continued investments in metering and system monitoring technology coupled with systems to target risk better.
- As of 30 June 2022, water corporations have more than 52,000 meters installed, about 30,841 of which have telemetry that provides real-time intelligence on compliance. Water corporations with rural customers also conducted 170,718 manual meter reads and additional inspections to ensure that meters were maintained and functioning efficiently.
- 3,390 potential breaches were reported between 1 July 2021 and 30 June 2022, 2197 more than in the previous year. The increase in the number of potential breaches detected can be attributed to better use of data monitoring and reporting systems to improve the identification of non-compliance.
- 2,140 enforcement actions were taken between 1 July 2021 and 30 June 2022, including 230 statutory notices, 6 water supply restrictions for high-risk offences and 13 cases recommended for prosecution.
- In July 2020, Victoria introduced new regulations that enable water corporations to issue penalty infringement notices for less serious offences of unauthorised take and breaches of take and use and works licences. In 2021-22, there were 18 penalty infringement notices issued.
Compliance activities and enforcement action statistics 2021–22
Water corporations report annually on their compliance and enforcement activities in accordance with clause 7.3A of their Statement of Obligations. The following state-wide statistics have been compiled for the 2020-2021 reporting period.
Compliance activities
In 2021–22, there was a greater level of compliance activity as water corporations continued to invest in installing new meters, telemetry on meters and database management systems that enable better monitoring of water take, greater scrutiny of potential breaches, and more comprehensive compliance reporting.
As of 30 June 2022, more than 52,000 meters were installed across Victoria.
Approximately 30,841 of these meters have telemetry which allow water corporations to detect breaches of the Water Act quickly.
Between 1 July 2021 and 30 June 2022, water corporations with rural customers conducted 150,206 manual meter reads and 20,512 additional inspections to ensure that meters were maintained and functioning efficiently.
Water corporations with rural customers reported that they detected 3,390 potential breaches between 1 July 2021 and 30 June 2022. This is 2,197 more than in the previous year. The increase in the number of potential breaches detected can be attributed to better use of data monitoring and report systems to improve the identification of non-compliance.
Water corporations also commenced 3,397 investigations and finalised 3,346 investigations (including potential breaches carried forward from the previous year). Unauthorised take remains the dominant category of potential breaches at 97%.
Number of potential breaches detected and investigations
| Potential breaches detected | Investigations commenced | Investigations finalised | |
|---|---|---|---|
| 2019-20 | 2,414 | 2,433 | 2,155 |
| 2020-21 | 1,193 | 722 | 728 |
| 2021-22 | 3,990 | 3,397 | 3,340 |
Approximately 98% of all potential breaches detected were in the Northern Region of Victoria, which is commensurate with the higher number of water users and licence holders in the region and the high level of activity in the water market every year.
Potential breaches by area
| Potential breaches detected | Investigations commenced | Investigations finalised | |
|---|---|---|---|
| Northern Victoria | 3,308 | 3312 | 3,258 |
| Southern Victoria | 83 | 86 | 88 |
| Total | 3,391 | 3,398 | 3,346 |
Enforcement actions
Water corporations have a range of enforcement options to pursue. Advisory letters and verbal warnings are usually the first enforcement action taken in response to a breach, followed by a formal warning letter, notice of contravention, reduce, restrict or discontinue water supply, or prosecution.
From 1 July 2020, water corporations are able to issue water infringement notices for less serious offences. In 2021–22 there were 18 penalty infringement notices issued. Water corporations may take more than one enforcement action if the water user does not rectify the breach after one enforcement action.
Between 1 July 2021 to 30 June 2022, water corporations took 2,140 enforcement actions against breaches of the Water Act 1989 (Table 1). This is 56% more than the 1,376 enforcement actions taken in the previous year and 19% less than the 2,658 enforcement actions taken between 1 July 2019 and 30 June 2020.
In 2021–22, 76% of the enforcement actions reported by water corporations were verbal warnings, advisory letters or formal warning letters. Similar to the number of potential breaches detected, approximately 98% of all enforcement actions taken were in the northern region of Victoria where there are more water users and licence holders.
Summary of enforcement actions taken between 1 July 2019 to 30 June 2022
| 2019-20 | 2020-21 | 2021-22 | |
|---|---|---|---|
| Verbal warning | 26 | 72 | 13 |
| Advisory letter | 1,629 | 829 | 157 |
| Warning letter | 554 | 326 | 1,455 |
| Notices | 406 | 122 | 474 |
| Lockdown | 15 | 6 | 6 |
| Recommended for prosecution | 26 | 16 | 15 |
| Referred to other agencies | 2 | 5 | 2 |
| Penalty infringement notices | NA | NA | 18 |
| Total | 2,658 | 1,376 | 2,140 |
Enforcement actions taken in Northern Victoria and Southern Victoria from 1 July 2021 and 30 June 2022
| Northern Victoria | Southern Victoria | |
|---|---|---|
| Verbal warning | 4 | 9 |
| Advisory letter | 153 | 4 |
| Warning letter | 1,431 | 25 |
| Notices | 468 | 7 |
| Lockdown | 6 | 0 |
| Recommended for prosecution | 15 | 0 |
| Referred to other agencies | 1 | 1 |
| Penalty infringement notices | 18 | 0 |
| Total | 2,096 | 46 |
| Offence | 2019-20 | 2020-21 | 2021-22 |
|---|---|---|---|
| Unauthorised take of water | 1,618 | 826 | 149 |
| Unauthorised take of water and unauthorised works | 3 | 0 | 0 |
| Interference with an authority's property | 3 | 0 | 2 |
| Interference with an authority's property and unauthorised take of water | 0 | 0 | 3 |
| Interference with an authority's property and breach of rec by-laws | 0 | 0 | 1 |
| Trespass and breach of by-laws | 0 | 1 | 0 |
| Unauthorised take of water and breach of licence conditions | 0 | 0 | 1 |
| Unauthorised works and breach of licence conditions | 0 | 1 | 0 |
| Offence | 2019-20 | 2020-21 | 2021-22 |
|---|---|---|---|
| Unauthorised take of water | 537 | 305 | 1,390 |
| Unauthorised take of water and unauthorised works | 1 | 1 | 4 |
| Interference with an authority's property | 1 | 5 | 3 |
| Interference with an authority's property and unauthorised take of water | 11 | 2 | 22 |
| Obstructing officers | 1 | 0 | 1 |
| Breach of rec by-laws | 0 | 1 | 22 |
| Failure to comply with water-use licence conditions | 0 | 0 | 2 |
| Interference with an authority's property and breach of rec by-laws | 0 | 3 | 3 |
| Interference with an authority's property and control over connections | 0 | 2 | 0 |
| Obstruction of waterway | 0 | 1 | 0 |
| Unauthorised take of water and obstruction of waterway | 0 | 1 | 0 |
| Unauthorised works, breach of licence condition and unauthorised take of water | 0 | 1 | 0 |
| Offence | 2019-20 | 2020-21 | 2021-22 |
|---|---|---|---|
| Unauthorised take of water | 398 | 112 | 464 |
| Interference with an authority's property | 1 | 1 | 1 |
| Interference with an authority's property and breach of rec by-laws | 0 | 1 | 1 |
| Structures over works | 0 | 1 | 0 |
| Unauthorised take of water and obstruction of waterway | 0 | 2 | 0 |
| Unauthorised take of water and structures over works | 0 | 0 | 2 |
| Water corporation by-laws: houseboat regulations | 1 | 0 | 0 |
| Unauthorised take of water | 43 | 47 | 230 |
| Unauthorised take of water and failure to comply with notice to repair | 1 | 0 | 0 |
Water corporations in Victoria own all meters and may reduce, restrict or discontinue water supply to a water user under section 141 of the Water Act 1989 to prevent continuing water theft.
| Offence | 2019-20 | 2020-21 | 2021-22 |
|---|---|---|---|
| Unauthorised take of water | 15 | 6 | 6 |
| Offence | 2019-20 | 2020-21 | 2021-22 |
|---|---|---|---|
| Unauthorised take of water | 19 | 4 | 13 |
| Unauthorised take of water and unauthorised works | 1 | 0 | 0 |
Prosecutions
There were 20 prosecutions between 1 July 2021 to 30 June 2022 including 10 cases that were carried over from the previous year.
Summary of prosecutions between 1 July 2021 to 30 June 2022
| Number of prosecutions carried forward from previous year | 10 |
| Number of prosecutions commenced between 1 July 2021 to 30 June 2022 | 15 |
| Number of prosecutions finalised between 1 July 2021 to 30 June 2022 | 20 |
| Number of prosecutions that have commenced and will be carried forward to next year | 5 |
The following provides more details about prosecutions that were finalised between 1 July 2021 to 30 June 2022 and prosecutions that will be carried forward to the next year.
| Sections of the Act | Basin | Date commenced | Date finalised | Outcome |
|---|---|---|---|---|
| Interference with authority's property (sections 288 and 290) | GWMWater Pipeline | 2 March 2021 | 24 November 2021 | 1. Guilty plea 2. $1200 fine plus costs |
| Unauthorised take of water (sections 33E and 151) | Murray System - Diversions | 1 January 2019 | 1 August 2021 | 1. Convicted $795 2. Compensation order 3. $1500 fine 4. $750 costs |
| Unauthorised take of water (sections 33E and 151) | Murray System - Red Cliffs | 1 May 2022 | 1 May 2022 | 1. Convicted 2. $1000 fine 3. $663 costs |
| Unauthorised take of water (sections 33E and 151) | Murray System - Merbein | 1 June 2022 | 1 June 2022 | 1. Convicted 2. $1000 fine 3. $663 costs |
| Unauthorised take of water (sections 33E and 151) | Murray System - Merbein | 1 June 2022 | 1 June 2022 | 1. Convicted 2. $1000 fine 3. $673 costs |
| Unauthorised take of water (sections 33E and 151) | Murray System - Red Cliffs | 1 June 2022 | 1 June 2022 | 1. No conviction 2. $2500 fine 3. $1427 costs |
| Unauthorised take of water (sections 33E and 151) | Murray System - Robinvale | 1 June 2022 | 1 June 2022 | 1. No conviction 2. 2 x $20,000 donations 3. Costs awarded but not set down |
| Unauthorised take of water (section 289) | Goulburn System Central Goulburn Irrigation Area | 12 August 2021 | 17 December 2021 | 1. No conviction 2. 12-month good behaviour bond 3. $800 donation to court fund 4. $1575.78 costs |
| Unauthorised take of water (section 289) | Goulburn System Central Goulburn Irrigation Area | 24 November 2021 | 8 April 2022 | 1. No conviction 2. 12-month good behaviour bond 3. $2000 donation to court fund 4. $1783.68 costs |
| Unauthorised take of water (section 289) | Goulburn System Central Goulburn Irrigation Area | 24 November 2021 | 8 April 2022 | Charges withdrawn |
| Unauthorised take of water (section 289) | Goulburn System Central Goulburn Irrigation Area | 24 November 2021 | 8 April 2022 | Charges withdrawn |
| Unauthorised take of water (section 289) | Goulburn System Central Goulburn Irrigation Area | 15 February 2022 | 29 April 2022 | Charges withdrawn |
| Unauthorised take of water (section 289) | Murray System Torrumbarry Irrigation Area | 15 December 2020 | 12 August 2021 | 1. No conviction 2. 12-month good behaviour bond 3. $947.60 costs |
| Unauthorised take of water and interference with authority's property (sections 288 and 289) | Goulburn System Central Goulburn Irrigation Area | 24 November 2021 | 8 April 2022 | 1. No conviction 2. $1000 fine 3. $1827.28 costs |
| Unauthorised take of water and interference with authority's property (sections 288 and 289) | Goulburn System Central Goulburn Irrigation Area | 12 January 2021 | 20 July 2021 | Charges withdrawn |
| Unauthorised take of water and interference with authority's property (sections 288 and 289) | Goulburn System Loddon Valley Irrigation Area | 12 January 2021 | 7 September 2021 | 1. No conviction 2. 12-month good behaviour bond 3. $350 donation to court fund 4. $1685.42 costs |
| Unauthorised take of water and interference with authority's property (sections 288 and 289) | Goulburn System Central Goulburn Irrigation Area | 12 April 2021 | 20 December 2021 | 1. No conviction 2. $10,000 fine 3. $1836.15 costs |
| Unauthorised take of water and interference with authority's property (sections 288 and 289) | Goulburn System Central Goulburn Irrigation Area | 23 April 2021 | 17 June 2022 | 1. No conviction 2. $1000 fine 3. $1820.90 costs |
| Unauthorised take of water (sections 63 and 289) | Lake Meran System Diversions | 20 May 2020 | 8 December 2021 | 1. No conviction 2. 12-month good behaviour bond 3. $20,000 costs |
| Unauthorised take of water (sections 63 and 289) | Lake Meran System Diversions | 11 October 2019 | 8 December 2021 | 1. No conviction 2. 2-year good behaviour bond 3. $4000 donation to court fund 4. $20,000 costs |
Prosecutions carried forward into the 2022–23 financial year
| Sections of the Act | Basin | Date commenced |
|---|---|---|
| Unauthorised take of water (section 289) | Goulburn System Shepparton Irrigation Area | 21 April 2020 |
| Unauthorised take of water and interference with authority's property (section 288 and 289) | Goulburn System Central Goulburn Irrigation Area | 17 January 2021 |
| Unauthorised take of water (section 289) | Goulburn System Central Goulburn Irrigation Area | 21 December 2021 |
| Unauthorised take of water (section 289) | Goulburn System Central Goulburn Irrigation Area | 21 December 2021 |
| Unauthorised take of water (section 289) | Goulburn System Central Goulburn Irrigation Area | 17 June 2022 |
Priorities for 2022–23
The Department of Environment, Energy and Climate Action (DEECA), together with water corporations, is committed to a zero-tolerance approach to water theft so that there is a level playing field for all water users. We are committed to ensuring that Victoria has a strong and robust compliance and enforcement system, with checks and balances in place that helps maintain – and continues to build – confidence in the market. This year we have 3 priority area for 2022–23 and 3 ongoing priorities.
Priority areas for 2022–23
- Embedding a compliance risk based planning and proactive monitoring approach into regulatory regime.
- Building regulatory capability of staff by providing compliance training and operational procedures for safe, efficient, and consistent work practices.
- Implementing the Water (Infringement) Regulations 2020 and the Water and Catchment Legislation Amendment Act 2021 ‘Place of Take’changes.
Ongoing priorities
- Implementing a consistent zero-tolerance approach to addressing unauthorised take.
- Delivering on metering action plans and the Non-urban Water Metering Policy including applying telemetry cost benefit analysis where required.
- Regularly and consistently engaging and communicating with the public about water compliance.
Page last updated: 08/09/23