Victorian Current Acts

WATER ACT 1989 - SECT 227

    (1)     An Authority may determine—

        (a)     in addition to any power to make determinations under Division 3, the terms and conditions on which it provides a service under section 222(1); and

        (b)     any conditions required to be determined for the purposes of Division 3.

    (2)     A determination under subsection (1) must be—

        (a)     published by the Authority; or

        (b)     made available at the offices of the Authority.

    (3)     A determination under subsection (1)—

        (a)     may be amended or revoked by the Authority in the same manner as that in which it is made; and

        (b)     remains in force until such time as it is so revoked.

    (4)     The conditions specified in the determination may deal with all or any of the following matters—

        (a)     the circumstances in which an approval to a variation under section 224 is conditional
on the payment of an amount under section 224(5); and

        (b)     rules for restricting delivery as a result of insufficient capacity in the works of the Authority; and

S. 227(4)(ba) inserted by No. 48/2021 s. 60.

        (ba)     rules for restricting delivery as a consequence of the operation of any provision of this Act or any legislative instrument made under this Act—

              (i)     that regulates the following—

    (A)     places of taking of water;

    (B)     rates of taking of water;

    (C)     taking of water at or during any time or in any circumstances; or

              (ii)     that prohibits taking water at or during any time or in any circumstances; and

        (c)     the circumstances in which the Authority will agree with an owner to provide a different level of service to a serviced property; and

        (d)     the circumstances in which the Authority will make a determination under section 224, 225 or 226; and

        (e)     the circumstances in which a declaration that a property is no longer a serviced property is conditional on the payment of an amount under section 229(6) ; and

        (f)     matters to be taken into account in determining the amount to be payable under sections 224(5) and 229(6); and

        (g)     methods by which disputes as to the interpretation or operation of the determination may be settled; and

        (h)     any other matter or thing that is, in the opinion of the Authority, necessary for the service to be delivered.

S. 228 substituted by No. 99/2005 s. 61.