Victorian Current Acts

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WATER ACT 1989 - SECT 215

Water management schemes

    (1)     When it has completed an investigation into a proposal the committee may prepare a water management scheme for the area affected by the proposal.

    (2)     When it has prepared a water management scheme the committee must publish in the Government Gazette and in a newspaper circulating generally in the area affected a notice which—

        (a)     states that the scheme has been prepared; and

        (b)     states where the scheme is available for inspection; and

        (c)     states the nature of the scheme and a description of it; and

S. 215(2)(d) amended by No. 12/1996 s. 10(1).

        (d)     if the scheme provides for the execution of works, calls for all people affected by the proposed works to make submissions to the committee within 6 weeks after the date of publication in the Government Gazette.

S. 215(3) amended by No. 12/1996 s. 10(2).

    (3)     The committee may modify the scheme as a result of any submission made in response to the notice.

S. 215(3A) inserted by No. 12/1996 s. 10(3).

    (3A)     The committee may submit the scheme to the Minister for his or her acceptance.

S. 215(3B) inserted by No. 12/1996 s. 10(3).

    (3B)     The Minister may—

        (a)     accept the scheme as submitted by the committee; or

        (b)     reject the scheme; or

        (c)     modify the scheme and accept the scheme as so modified.

S. 215(4) amended by No. 12/1996 s. 10(4)(a).

    (4)     The Minister must publish in the Government Gazette and in a newspaper circulating generally in the area affected a notice—

S. 215(4)(aa) inserted by No. 12/1996 s. 10(4)(b).

        (aa)     that states whether the scheme has been accepted or rejected;

S. 215(4)(a) amended by No. 12/1996 s. 10(4)(c).

        (a)     if the scheme has been accepted, that states that no modifications have been made to the scheme; or

        (b)     if modifications have been made, that gives details of the modifications.

S. 215(5) amended by No. 12/1996 s. 10(5), substituted by No. 52/1998
s. 311(Sch. 1 item 105.27).

    (5)     A person whose interests are affected by a decision of the Minister under subsection (3B) may apply to the Tribunal for review of the decision.

S. 215(6) inserted by No. 52/1998
s. 311(Sch. 1 item 105.27).

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

        (a)     the day on which the relevant notice is published under subsection (4);

        (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.



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