The framework requires each jurisdiction to collect and annually publish compliance statistics based on these categories:

  • Alleged compliance breaches reported;
  • Advisory letters issued;
  • Formal warnings issued specifying the relevant section and Act;
  • Administrative sanctions specifying the relevant section and Act;
  • Criminal charges and proceedings brought, specifying the relevant section and Act;
  • Civil enforcement actions in the courts and the outcomes; and
  • Licence suspensions specifying the relevant sections and Act.

The relevant Act in Victoria is the Victorian Water Act 1989. As the Act does not provide for civil enforcement actions or licence suspensions, this data has not been reported.

Alleged compliance breaches reported in non-urban systems across Victoria

There were 382 alleged Water Act 1989 breaches reported from 1 July, 2014, to 30 June, 2015, and 350 cases were finalised during this period.  Three prosecutions for breaches of the Water Act were initiated in 2014-15, one of which was completed.

Table 1 shows the reasons for finalisation of reported breaches, excluding those breaches prosecuted.

Table 2 shows Water Act 1989 prosecutions commenced between 1 July, 2014, to 30 June, 2015.

Table 3 shows outcomes of Water Act 1989 prosecutions finalised in the reporting period (including those commenced before 1 July, 2014, if finalised in this reporting period).

Table 1: Alleged compliance breaches and relevant sections of the Water Act * finalised during 1 July 2014 – 30 June 2015 based on National Framework reporting criteria.

Reason for finalisation
Number of cases
Not proceeded with – not enough evidence, assessed as minimal impact or arbitrary in nature etc. 46
Advisory letter 143 issued in total  - comprising:
141, Section 33E and section 289(Taking water without authorisation)
2, Section 75 (Unauthorised works)
Warning notices issued 89 issued in total – comprising:
15, Section 63 (Taking water without authorisation)
25, Section 75 (Unauthorised works)
1, Section 78 (Failure to comply with directions)
1, Section 133 (Preventing Authorised Officers from entering land)
6, Section 288 (Interference with Authority's property)
19, Section 289 (Wrongful taking of water)
5, Sections 288 and 289
12, Section 33E and section 289 (Taking water without authorisation)
1, Regulation 4 Water (Lake Eildon Recreational Area) (Houseboats) 2013
4, Rubbish dumping on easements (no breach of the Water Act)
Section 151 notice of contravention issued 46issued in total – comprising:
2, Section 288 (Interference with Authority's property)
42, Section 289 (Wrongful taking of water)
1,Section 75 (Unauthorised works)
1, Regulation 4 Water (Lake Eildon Recreational Area) (Houseboats) 2013
Customers restricted 26in total – comprising:
22, Section 289 (Wrongful taking of water)
1, Section 288 (Interference with Authority's property)
1, Section 133 (Preventing Authorised Officers from entering land)
2,  Crimes Act (no breach of the Water Act)

*Summaries of Water Act sections are indicative only. See the Water Act 1989 for full description.

Table 2: Prosecutions commenced under the Water Act 1989 for 1 July 2014 – 30 June 2015

Reason for finalisation
Number of cases
Not proceeded with – not enough evidence, assessed as minimal impact or arbitrary in nature etc. 46
Advisory letter 143 issued in total  - comprising:
141, Section 33E and section 289(Taking water without authorisation)
2, Section 75 (Unauthorised works)
Warning notices issued 89 issued in total – comprising:
15, Section 63 (Taking water without authorisation)
25, Section 75 (Unauthorised works)
1, Section 78 (Failure to comply with directions)
1, Section 133 (Preventing Authorised Officers from entering land)
6, Section 288 (Interference with Authority's property)
19, Section 289 (Wrongful taking of water)
5, Sections 288 and 289
12, Section 33E and section 289 (Taking water without authorisation)
1, Regulation 4 Water (Lake Eildon Recreational Area) (Houseboats) 2013
4, Rubbish dumping on easements (no breach of the Water Act)
Section 151 notice of contravention issued 46 issued in total – comprising:
2, Section 288 (Interference with Authority's property)
42, Section 289 (Wrongful taking of water)
1,Section 75 (Unauthorised works)
1, Regulation 4 Water (Lake Eildon Recreational Area) (Houseboats) 2013
Customers restricted 26 in total – comprising:
22, Section 289 (Wrongful taking of water)
1, Section 288 (Interference with Authority's property)
1, Section 133 (Preventing Authorised Officers from entering land)
2,  Crimes Act (no breach of the Water Act)

Table 3: Outcomes of completed prosecutions under the Water Act 1989 for 1 July 2014 – 30 June 2015.

Relevant section(s) of the act
Basin that offence occurred in and whether surface water or groundwaterDate commencedOutcome
Sections 288 and 289 Interference with Authority's property and wrongful taking of water.Murray Darling12/03/1512 month good behaviour bond. 
surface waterOrdered to pay costs of $2337