Water Compliance Report 2023-24

This is Victoria’s 10th consecutive annual non-urban water compliance report.

Victoria has a zero-tolerance approach to the unauthorised take of water and is committed to maintaining a strong compliance record to maintain the integrity of water entitlements and protect the environment. This ensures a level playing field for all water users.

Water corporations continue to play a key role in securing the rights of all water users as well as safeguarding the State’s water resources. They work directly with water users as the first step in supporting compliance.

This report details Victoria’s compliance and enforcement activities for the 2023-24 reporting period.

A breakdown of compliance activities between 1 July 2023 to 30 June 2024

• In 2023-24, there were 2,508 alleged breaches under the Water Act 1989 that were detected by water corporations. A total number of 2,606 detected breaches were investigated which included breaches carried forward from the previous year. 1,843 investigations were finalised. Unauthorised take of water remains the dominant breach detected by Water Corporations.
• Total number of 1,504 enforcement actions were taken during 2023-24 including 18 verbal warnings, 1,405 advisory and warning letters (including second warning letters), 38 notices, 28 penalty infringement notices issued, 1 restrict supply of water (section 141 of the Water Act 1989) and 6 matters were recommended for prosecution by water corporations.

Compliance activities and enforcement action statistics 2023-24

Water corporations continue to meet their obligations by reporting annually on their compliance and enforcement activities as per clause 7.3A of the Water Industry Act 1994 – Statement of Obligations:

• Water Industry Act 1994 - Statement of obligations (PDF, 5.4 MB)
• Water Industry Act 1994 - Statement of obligations - accessible (DOCX, 70.4 KB)

The following state-wide statistics have been compiled for the 2023-24 reporting period.

Compliance activities

Non-urban metering remains an important tool used for accurate and comprehensive compliance reporting.

As of 30 June 2024, there are 51,117 meters and 60% of the meters are fitted with telemetry in Victoria, which enables real-time monitoring of high-volume water users and sends data electronically to water corporations.

During 2023-24, the total number of state-wide meter reads was 80,832 by water corporations’ staff. These meter reads relate to meter maintenance and compliance. For more information see 2023-24 Non-urban metering implementation annual report.

Number of detected potential breaches and investigations since 2019-2020

Water corporations reported that they detected 2,508 potential breaches of the Water Act 1989 during 2023-24. Unauthorised take of water remains the dominant category of potential breaches detected.

Water corporations commenced 2,606 investigations and finalised 1,843 investigations (including breaches that were carried forward from the previous year).

Number of detected potential breaches by area

There are higher numbers of potential breaches detected in the northern region of Victoria, which is commensurate with the higher number of water users and licence holders within that region and more active water markets.

Note: Of the 2,606 investigations that were commenced, some of those breaches were carried forward from the previous year.

Enforcement actions

There are a number of enforcement tools available for Victorian water corporations to enforce compliance under the Water Act 1989:

• verbal warnings
• advisory letters
• formal warning letters
• notice
• reduce, restrict or discontinue of water supply
• issue a penalty infringement notice (fine)
• prosecution.

Verbal warnings and advisory letters are the first enforcement actions taken in response to a breach, followed by a warning letter, notice, reduce restrict or discontinue of water supply, penalty infringement notice (fine) or prosecution.

Water corporations may take more than one enforcement action if the water user does not rectify the breach after using one of the enforcement actions.

Between 1 July 2023 to 30 June 2024, water corporations took 1,504 enforcement actions against breaches detected under the Water Act 1989.

The main enforcement actions taken against water users who breached the Water Act 1989 were issued with a warning letter, an advisory letter or notice. Most water users are taking immediate action to remedy the issue after receiving either a warning letter, advisory letter or a notice.

Prosecutions

There were 9 prosecutions that finalised between 1 July 2023 to 30 June 2024, including 4 cases that were carried over from the previous year.

Priorities for 2024-25

The Department of Energy, Environment and Climate Action, together with the water corporations are committed to ensuring Victoria has a strong and robust compliance and enforcement system, with checks and balances in place, to maintain and build confidence in the market. In 2024-2025, we have 4 priority areas and 3 ongoing priorities.

Priorities areas for 2024-25

1. Embedding a compliance risk based planning and proactive monitoring approach into regulatory regime.
2. Building regulatory capability of staff by providing compliance training and operational procedures for safe, efficient, and consistent work practices.
3. Implementing the Water (Infringement) Regulations 2020 and the Water and Catchment Legislation Amendment Act 2021 changes.
4. Establishing a consistent approach to monitoring small catchment dams with licensing and construction obligations.

Ongoing priorities

1. Implementing a zero-tolerance approach to addressing unauthorised take.
2. Regularly and consistently engaging and communicating with water users and the public about water compliance.
3. Delivering on metering action plans and the Non-urban Water Metering Policy including applying telemetry cost benefit analysis where required.

Page last updated: 09/01/25