Victorian Current Acts

WATER ACT 1989 - SECT 12

    (1)     An Authority, a public statutory body or any other person that has power under this or any other Act to authorise or permit any activity, or any change in the use of land, that may affect the existing drainage regime—

        (a)     must make the authorisation or permission subject to any conditions that, in the opinion of the Authority, body or other person, are required to ensure the conservation of waterways, wetlands and aquifers; and

        (b)     may withhold the authorisation or permission until any works are carried out, or any measures undertaken (including the payment of compensation), that are required by the Authority, body or other person for avoiding or lessening any possible adverse effect of the granting of the authorisation or permission.

    (2)     In subsection (1), "drainage regime" means all physical and hydrological circumstances that may affect drainage in a catchment, including the use of land but not including any circumstances arising from works that are unlawfully carried out or from any unlawful use of the land.

    (3)     The failure of an Authority, a public statutory body or other person to comply with subsection (1)(a) does not invalidate any authorisation or permission granted by that Authority, body or other person.

S. 13 repealed by No. 99/2005 s. 7.

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Division 2—Liabilities