Victorian Current Acts

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WATER ACT 1989 - SECT 245

Powers of committee

    (1)     A committee may collect levies, in accordance with the community agreement, from participating landowners.

    (2)     A committee may, if authorised by the participating landowners, act as the agent of the participating landowners—

        (a)     to seek access over land owned by others; and

        (b)     to negotiate variation or revocation of the community agreement.

S. 245(2A) inserted by No. 62/1995 s. 35(3).

    (2A)     An agreement which varies a community agreement includes an agreement which adds to or removes from the community agreement—

        (a)     a participating landowner; or

        (b)     land affected by the scheme established by the community agreement.

S. 245(3) substituted by No. 85/1998 s. 24(Sch item 66.15).

    (3)     An agreement which varies or revokes a community agreement must be taken to be capable of being registered under the Transfer of Land Act 1958 and has no effect until it is recorded in the Register under that Act.

S. 245(4) repealed by No. 85/1998 s. 24(Sch item 66.15).

    *     *     *     *     *

S. 245(4A) inserted by No. 50/1992 s. 8(3).

    (4A)     If requested to do so by a party to an agreement which varies or revokes a community agreement that affects land under the operation of the Transfer of Land Act 1958 , the Registrar of Titles must, in registering the agreement, do both or either of the following—

        (a)     dispense with the submission of any certificate of title or other document;

        (b)     register the agreement by recordings in the relevant folio of the Register only.

S. 245(5) amended by No. 62/1995 s. 35(4).

    (5)     A committee may take out insurance for damage resulting from the community drainage or salinity mitigation or community water supply scheme, and for that purpose the committee must be taken to have an insurable interest.

S. 246 amended by Nos 50/1992 s. 10(Sch. item 11.30), 49/1994 s. 5(1)(h), 62/1995 s. 35(5)(a)(b).



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