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Legislation

The North East CMA has responsibilities under several Victorian Acts including the Catchment and Land Protection Act 1994, Water Act 1989, Protected Disclosures Act 2012, Freedom of Information Act 1982 and several others.

The Minister has issued a Statement of Obligations under each of these Acts. These set out the CMA's responsibilities under each Act.

CALP Act 1994

Statement of Obligations - Catchment Land Protection Act 1994

The Catchment and Land Protection Act 1994 can be accessed online in its entirety from the Victorian Legislation Website.

Following is an extract from the Act:

S12 Functions powers and duties of Authorities

(1) Each Authority has the following functions in respect of the region for which it has been appointed -

(a) to prepare a regional catchment strategy for the region and to co-ordinate and monitor its implementation;

(b) to prepare special area plans for areas in the region and to co-ordinate and monitor their implementation;

(c) to promote the co-operation of persons and bodies involved in the management of land and water resources in the region in preparing and implementing the strategy and special area plans;

(d) to advise the Minister, and, if requested by any other Minister, that other Minister -

(i) on regional priorities for activities by and resource allocation to bodies involved in the management of land and water resources in the region; and

(ii) on guidelines for integrated management of land and water resources in the region; and

(iii) on matters relating to catchment management and land protection; and

(iv) on the condition of the land and water resources in the region;

(e) to promote community awareness and understanding of the importance of land and water resources, their sustainable use, conservation and rehabilitation;

(f) to make recommendations to the Minister about the funding of the implementation of the regional catchment strategy and any other special area plan;

(g) to make recommendations to the Minister and the Secretary about actions to be taken on Crown land managed by the Secretary to prevent land degradation;

(h) to advise the Minister and provide information to the Minister on any matter referred to it by the Minister;

(i) to carry out any other functions conferred on the Authority by, or under this Act, or any other Act.

(2) Each Authority has the power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions, including any function delegated to it.

(3) Sub-section (2) is not to be taken to be limited by any other provision of this Act that confers a power on the Authority.


Water Act 1989

Statement of Obligations - Water Act 1989

The Water Act 1989 can be accessed online in its entirety from the Victorian Legislation Website. Following is an extract from the Act:

S189 Functions of Authorities

(1) An Authority that has a waterway management district has the following functions in relation to designated waterways and designated land or works within that district -

(a) to identify and plan for State and local community needs relating to the use and to the economic, social and environmental values of land and waterways;

(b) to develop and to implement effectively schemes for the use, protection and enhancement of land and waterways;

(ba) to - (i) develop and implement plans and programs, and -

(ii) carry out works and activities - to maintain the environmental water reserve in accordance with the environmental water reserve objective;

(bb) to - (i) develop and implement plans and programs; and

(ii) carry out works and activities - to improve the environmental values and health of water ecosystems, including their biodiversity, ecological functions, quality of water and other uses that depend on environmental condition;

(c) to investigate, promote and research any matter related to its functions, powers and duties in relation to waterway management;

(d) to educate the public about any aspect of waterway management.

(1A) In addition to the functions under subsection (1), an Authority that has a waterway management district has the following functions-

(a) to identify and plan for State and local community needs relating to the application or use of water in the Water Holdings or other exercise of rights in the Water Holdings within the waterway management district of the Authority; and

(b) to apply or use water in the Water Holdings or otherwise exercise rights in the Water Holdings within the waterway management district of the Authority in accordance with any relevant seasonal watering statement.

(2) In performing its functions under this Act, an Authority that has a waterway management district must have regard to the need to maintain the environmental water reserve in accordance with the environmental water reserve objective.

S202 - Floodplain Management Functions

An Authority has the following functions or such of those functions as are specified in the Order under Section 201 (1) (b) (ii), as the case requires

(a) to find out how far floodwaters are likely to extend and how high they are likely to rise;

(b) to declare flood levels and flood fringe areas;

(c) to declare building lines;

(d) to control developments that have occurred or that may be proposed for land adjoining waterways;

(e) to develop and implement plans and to take any action necessary to minimise flooding and flood damage;

(f) to provide advice about flooding and controls on development to local councils, the Secretary to the Department and the community.

Notice of making of the By-Law No. 2014/01 Waterways Protection North East Catchment Management Authority

By-law No 2014-01 Waterways Protection.pdf

Protected Disclosure Act 2012

In certain circumstances a complaint of corrupt or improper conduct by a public officer or body, may be a protected disclosure under the Protected Disclosure Act 2012. It should be noted the Protected Disclosure Act 2012 has replaced the Whistleblowers Protection Act 2001.If you have a disclosure about corrupt or improper conduct by an employee of the North East CMA or by the North East CMA, you can only make that disclosure to IBAC (the Independent Broad-based Anti-corruption Commission), and not to the North East CMA. You can make that disclosure:
  • in person
  • in writing (including using IBAC complaint forms or by post)
  • by telephone
  • via email
The link below will take you direct to IBAC's website where you can find out the answers to the following questions and other information about protected disclosures:
  1. What is a Protected Disclosure?
  2. What does the Protected Disclosure Act do?
  3. How to make a Protected Disclosure (including complaint forms).

www.ibac.vic.gov.au/report-corruption-or-misconduct/protected-disclosure

To access the North East CMA's internally endorsed Protected Disclosure Procedures please find them below:

Protected Disclosures Act

Protected Disclosures Procedure

FOI requests to NECMA should be sent to:
Jodie Schutte
Executive Assistant (FOI Officer)
PO Box 616
Wodonga, Victoria 3689
Phone 1300 216 513
E-mail: necma@necma.vic.gov.au

Freedom of Information Act 1982 (Vic)

The Freedom of Information (FOI) Act 1982 (Vic) gives you the right access information in the public sector which is about you and your affairs, or about the activities of government agencies. It also grants the right for you to correct any incorrect or misleading information about you.

For information on the FOI process, including application and access charges, please visit www.foi.vic.gov.au

Under the FOI Act, North East CMA provides the two statements below regarding the types of documents and some specific documents, which are available for inspection or purchase at our head office.

Section 8 Statement - Part II Freedom of Information Act 1982 

Section 11 Statement - Part II Freedom of Information Act 1982