Victorian Current Acts Victorian Current Acts(1) Subject to this section, an Authority may close, permanently or for a specified period, the access of people, animals or vehicles to the whole or any part of a designated waterway or designated land or works.
(2) The Authority must not close any access to—
S. 193(2)(a) amended by Nos 121/1994 s. 190(5), 17/2012 s. 36.
(a) any Authority or public statutory body that needs access in order to carry out its functions; or
S. 193(2)(b) amended by No. 56/1995 s. 66(3).
(b) any person who needs access in order to exercise rights under a licence under Part 4 or 5; or
S. 193(2)(c) inserted by No. 56/1995 s. 66(3), amended by No. 23/2019 s. 78(1)(a).
(c) any person who holds a declared bulk entitlement; or
S. 193(2)(d) inserted by No. 23/2019 s. 78(1)(b).
(d) any member of a traditional owner group who has rights including traditional owner rights in relation to the waterway or designated land or works under a recognition and settlement agreement; or
S. 193(2)(e) inserted by No. 23/2019 s. 78(1)(b).
(e) any native title holder for the area who has native title rights and interests within the meaning of section 223 of the Native Title Act 1993 of the Commonwealth.
S. 193(3) amended by No.
52/1998
s. 311(Sch. 1 item 105.24).
(3) The Authority must not close the access of the owner to any land referred to in section 188(1)(b)(ii) unless the owner has consented to the closure or the Tribunal has, on the application of the Authority, dispensed with the need to obtain the owner's consent.
S. 193(4) amended by No.
52/1998
s. 311(Sch. 1 item 105.24).
(4) The Authority must not apply to the Tribunal under subsection (3) unless the Authority has made reasonable attempts to obtain the owner's consent and that consent has been refused or withheld.
S. 193(5) amended by No.
52/1998
s. 311(Sch. 1 item 105.24).
(5) The Tribunal must not under subsection (3) make an order dispensing with the need to obtain an owner's consent unless it is satisfied that the closure of access to the owner is necessary to ensure the stability, conservation or functioning of the waterway.
(6) The Authority must—
(a) publish, 1 month before closing any access, a notice of its intention in a newspaper circulating generally in the area; and
(b) consider any submissions received as a result of that notice.
S. 193(7) substituted by No.
52/1998
s. 311(Sch. 1 item 105.25).
(7) A person whose interests are affected by a decision of an Authority to close access under this section may apply to the Tribunal for review of the decision.
S. 193(7A) inserted by No.
52/1998
s. 311(Sch. 1 item 105.25).
(7A) 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 person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
S. 193(8) amended by Nos 121/1994 s. 190(6), 23/2019 s. 111.
(8) This section does not apply to the closure of roads under section 137 of this Act.
S. 193(9) inserted by No. 23/2019 s. 78(2).
(9) In this section—
"traditional owner rights" has the same meaning as in the Traditional Owner Settlement Act 2010 .