Victorian Current Acts

WATER ACT 1989 - SECT 156

    (1)     An Authority may send water into any waterway, works or natural channel which crosses any land.

    (2)     An Authority with functions under Part 8 and Part 11 which exercises its powers under subsection (1) must—

        (a)     construct and maintain any bridge or other crossing made necessary by the introduction of the water; or

        (b)     if alternative access is available to the land, pay compensation to the owner of the land.

    (3)     The obligation of the Authority to maintain any crossing under subsection (2)(a) ceases if any area of land connected by the crossing to any other land ceases at any time to be owned by the person who, at that time, owns that other land.

S. 156(4) amended by No. 52/1998
s. 311(Sch. 1 item 105.20).

    (4)     The owner of the land may apply to the Tribunal for review of the decision of the Authority as to—

        (a)     the number, type and position of any crossings to be constructed; or

        (b)     the amount of compensation to be paid.

S. 156(5) inserted by No. 52/1998
s. 311(Sch. 1 item 105.21).

    (5)     An application for review must be made within 28 days after the later of—

        (a)     the day on which the decision is made;

        (b)     if, under the Victorian Civil and Administrative Tribunal Act 1998 , the owner requests a statement of reasons for the decision, the day on which the statement of reasons is given to the owner or the owner is informed under section 46(5) of that Act that a statement of reasons will not be given.