Victorian Current Acts

WATER ACT 1989 - SECT 81

S. 81(1) substituted by No. 23/2019 s. 46(2).

    (1)     If the Minister thinks fit, the Minister may carry out work on any relevant works and take any other measures or remove relevant works and recover the reasonable cost of doing so from the occupier of the relevant works if the Minister considers that—

        (a)     a person has failed to carry out the work necessary to comply with a direction given under this Division within the time specified in the direction; or

        (b)     it is necessary for the work to be carried out on the relevant works and measures to be taken or the relevant works to be removed urgently—

              (i)     to prevent the waste or pollution of water; or

              (ii)     to protect public safety, property or the environment; or

        (c)     it is necessary for the work to be carried out on the relevant works and measures to be taken or the relevant works to be removed to secure compliance with this Act, the regulations or the conditions of any licence issued or granted under this Act.

S. 81(1A) inserted by No. 23/2019 s. 46(2).

    (1A)     In this section—

"relevant works" means any of the following—

        (a)     a dam;

        (b)     works on a waterway;

        (c)     a bore.

    (2)     As soon as possible after the work is carried out under subsection (1) the Minister must give the occupier written notice of—

        (a)     the work carried out; and

        (b)     the cost of that work.

S. 81(3) inserted by No. 5/2002 s. 46.

    (3)     Any costs incurred by the Minister under this section are a charge on the land.

S. 81(4) inserted by No. 5/2002 s. 46.

    (4)     Land is so charged when the Minister deposits with the Registrar of Titles a certificate under seal describing the land to be charged and stating the amount of the charge.

S. 81(5) inserted by No. 5/2002 s. 46.

    (5)     The Registrar of Titles must make in the Register a recording of the certificate lodged under this section.

S. 81(6) inserted by No. 5/2002 s. 46.

    (6)     The Minister must notify the land owner in writing that—

        (a)     the certificate has been deposited under this section; and

        (b)     the land is charged with the amount stated in the notice.

S. 81(7) inserted by No. 5/2002 s. 46.

    (7)     When an amount due is paid or recovered the Registrar of Titles must, if so required by the Minister, delete the recording of the charge from the Register or make a recording in the Register of the payment or recovery of the charge.

S. 81A inserted by No. 48/2021 s. 85.