Victorian Numbered Acts

WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2019 (NO. 23 OF 2019) - SECT 46

    (1)     Insert the following heading to section 81 of the Principal Act—

" Power of Minister to carry out work ".

    (2)     For section 81(1) of the Principal Act substitute —

    "(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.

    (1A)     In this section—

"relevant works" means any of the following—

        (a)     a dam;

        (b)     works on a waterway;

        (c)     a bore.".