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WATER ACT 1989 - SECT 64H

Temporary supply of interstate water

    (1)     The holder of a licence under section 51 or the owner or occupier of a holding within an irrigation district may, in accordance with this section and the by-laws made under section 64I, apply to an Authority for approval to use the works of the Authority for the temporary supply of water to the applicant by an owner or occupier of land outside Victoria.

    (2)     An application under subsection (1) must be accompanied by the prescribed fee, if any.

S. 64H(3) substituted by No. 99/2005 s. 30.

    (3)     If an application under subsection (1) is made—

        (a)     the Authority, if the Authority is of the opinion that approval of the use of the works is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective, must refuse to approve the use of the works; or

        (b)     in any other case, the Authority may—

              (i)     refuse to approve the use of its works for any temporary supply; or

              (ii)     approve the use of its works for any temporary supply, subject to the prescribed terms and conditions and may, in addition, impose any other terms and conditions on the approval of which notice is given to the parties by the Authority when the approval is given.

    (4)     An approval given under this section expires—

        (a)     if the application is approved during an irrigation period, on the expiry of that irrigation period;

        (b)     if the application is approved between irrigation periods, on the expiry of the next irrigation period after the application is approved.

S. 64H(5) inserted by No. 99/2005 s. 53.

    (5)     This section does not apply in a declared water system.

S. 64I
inserted by No. 62/1995 s. 30.



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