Victorian Current Acts

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WATER ACT 1989 - SECT 170B

Variation of plan

    (1)     An Authority may at any time, in accordance with this section, make any variations to an adopted permanent water saving plan that it thinks fit.

    (2)     Before making any variation to an adopted plan, an Authority must submit the proposed variation to the Minister for approval.

    (3)     The Minister may at any time, by notice served on the Authority, require an Authority to review a permanent water saving plan and submit a revised plan to the Minister for approval on or before the date specified by the Minister.

    (4)     In preparing a variation to an adopted plan or a revised plan, an Authority must—

        (a)     comply with any written directions; and

        (b)     have regard to any written guidelines—

given or issued by the Minister under section 170A(2) concerning the form of, and the information to be contained in, a permanent water saving plan.

    (5)     Except with the approval of the Minister, before submitting a proposed variation or revised plan to the Minister under subsection (2) or (3), an Authority must ensure that a notice in accordance with subsection (6) is published in the Government Gazette and a newspaper circulating generally in any area capable of being affected by the proposed variation or revised plan.

    (6)     A notice must—

        (a)     summarise the proposed variation or revised plan;

        (b)     specify where a copy of the proposed variation or revised plan can be obtained;

        (c)     invite public comments or submissions within such time (being not less than 28 days from the latest day on which the notice is published under subsection (5)) as is specified in the notice.

S. 170B(7) amended by No. 17/2012 s. 32.

    (7)     An Authority must ensure that all comments and submissions received before the date specified in the notice in response to the notice are considered, and any changes to the proposed variation or changes to the proposed revised plan that the Authority thinks fit are made, before the proposed variation or revised plan is submitted to the Minister under subsection (2) or (3).

    (8)     An Authority must vary a permanent water saving plan, or adopt a revised permanent water saving plan, as approved by the Minister under subsection (2) or (3).

S. 170C inserted by No. 90/2003 s. 6.



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