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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:

  1. Conversion of a pre-existing right to water into a bulk entitlement (section 47) or granting a new bulk entitlement (section 43).
  2. 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.

Notification of applications

Potential water access for Latrobe mine rehabilitation

In line with the Water Act 1989, the Minister for Water has received the following applications:

  • AGL (the Loy Yang mine licensee) has applied for a new bulk entitlement to access water for mine rehabilitation.
  • AGL has also applied to amend its existing Loy Yang A bulk entitlement, to make it clearer when power generation ceases at the Loy Yang A power station, and water will no longer be taken under this bulk entitlement. The proposed amendment would provide for a clearly identifiable power station closure date. The proposed amendment would remove uncertainty and would allow power generators and Southern Rural Water (as the system manager) to plan for the resulting change in system operations.
  • Southern Rural Water has also applied to amend the Loy Yang B bulk entitlement, to make it clearer when power generation ceases at the Loy Yang B power station, and water will no longer be taken under this bulk entitlement.

As part of the statutory process to consider these applications, the minister invited submissions from the public on the applications via Engage Victoria, the Victorian Government's Online Consultation platform. The submission period has now closed. Submissions were accepted between 21 October 2024 and 15 December 2024 (an eight-week period).

A decision on AGL’s application for a new bulk entitlement to access water for mine rehabilitation 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.

Review of Bulk Entitlement (Anglesea Groundwater) Order 2009

On 31 October 2024 Barwon Water submitted its Anglesea Groundwater Bulk Entitlement Review Report to the Minister for Water. The Minister for Water has subsequently acknowledged receipt of the report, noting that it fulfils Barwon Water’s obligation under the bulk entitlement order to undertake a review within 5-years of recommencing pumping at the Anglesea borefield.

Page last updated: 13/01/25