Victorian Current Acts

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WATER ACT 1989 - SECT 15

Civil liability for unauthorised taking or use of water or for unauthorised works[7]

    (1)     A person who—

        (a)     takes water in an unauthorised manner or in unauthorised quantities; or

        (b)     uses water in an unauthorised manner or for an unauthorised purpose; or

        (c)     pollutes water, whether or not authorised to do so; or

        (d)     constructs, maintains or operates any unauthorised works

and by that act causes injury to any other person or damage to the property (whether real or personal) of any other person or causes any other person to suffer economic loss is liable to pay damages to that other person in respect of that injury or damage.

S. 15(2) amended by Nos 121/1994 s. 187(a), 17/2012 s. 4.

    (2)     Paragraph (c) of subsection (1) does not apply to the discharge of saline matter in accordance with by-laws made under section 160(1)(d) of this Act or regulations made under section 324 of this Act and all other necessary authorisations.

    (3)     Paragraph (d) of subsection (1) does not apply to any injury, damage or loss to which section 16 applies.



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