Victorian Current Acts

WATER ACT 1989 - SECT 305

    (1)     If by or under this Act a document is required or permitted to be served by an Authority on a person then, unless otherwise expressly provided by this Act, the document may be served—

        (a)     by delivering it personally to the person to be served; or

        (b)     by leaving it at that person's usual or last known place of residence with a person apparently over the age of 16 years and apparently residing there; or

        (c)     by sending it by post addressed to the person to be served at that person's usual or last known place of residence; or

        (d)     in the case of service on an owner of any land or premises whose name and address are not known to the Authority, by delivering it personally to the occupier of the land or premises concerned or leaving it at the land or premises with a person apparently over the age of 16 years and apparently residing there or, if there is no occupier, by putting it up on a conspicuous part of the land or premises; or

        (e)     in the case of service on an occupier of any land or premises whose name and address are not known to the Authority, by putting it up on a conspicuous part of the land or premises.

    (2)     A document that is to be served on the owner or occupier of any land or premises may be addressed by the description of "the owner" or "the occupier" of the land or premises concerned (naming it or them), without further name or description.

    (3)     An occupier of any land or premises to whom under subsection (1)(d) there is personally delivered a document that is intended to be served on the owner of that land or those premises must immediately send that document by registered post addressed to the owner at the owner's usual place of residence (if known to the occupier) or the owner's place of residence last known to the occupier.

Penalty:     10 penalty units.

S. 305(4) amended by No. 44/2001 s. 3(Sch. item 127.2).

    (4)     The provisions of this section are additional to and do not take away from the provisions of sections 109X and 601CX of the Corporations Act.

    (5)     If a document is properly served on the owner or occupier of any land or premises, that service is binding on every subsequent owner or occupier to the same extent as if it had been served on that subsequent owner or occupier.

Pt 14A (Heading and ss 305AA–305HH) inserted by No. 35/2003 s. 3, amended by Nos 108/2004 s. 117(1) (Sch.  3 item 232.6), 80/2006 s. 26(Sch. item 116.2), 4/2008 s. 32(Sch. item 37.2), repealed by No. 23/2019 s. 112.

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Part 15—General

S. 305A inserted by No. 52/1998
s. 311(Sch. 1 item 105.49).