Victorian Current Acts

WATER ACT 1989 - SECT 11

    (1)     If—

        (a)     at the commencement of this section a right is conferred on a person by section 8(1)(b) or (c) to take water from a waterway because that person occupies land on which the water flows or occurs or land adjacent to the waterway; and

        (b)     on or after that commencement that land is subdivided—

only the person who occupies one of the subdivided lots has, after the subdivision, the right conferred by that section.

    (2)     The subdivided lot the occupier of which has the right to take water from the waterway, must—

        (a)     have the waterway flowing or occurring on it; or

        (b)     be adjacent to the waterway.

    (3)     The Minister may, on the application of the subdivider, exempt a subdivision from subsections (1) and (2) and allocate the right or part of it to all or any of the subdivided lots.

    (4)     The Minister may require an applicant under subsection (3) to give notice of the application in any manner specified by the Minister.

    (5)     A notice given under subsection (4) may invite submissions on the application to be made in the manner specified in the notice within the period specified in the notice.

    (6)     The Minister may appoint a panel of persons to consider submissions made on an application under subsection (3).

    (7)     Subsections (2) to (6) of section 50 apply to a panel appointed under subsection (6) as if the reference in subsection (3) of that section to a notice given under section 49(2) were a reference to a notice given under subsection (4) of this section.

    (8)     In considering an application under subsection (3), the Minister must have regard to—

        (a)     the report of any panel appointed under subsection (6); and

S. 11(8)(b) amended by No. 5/2002 s. 7(1).

        (b)     the matters mentioned in paragraphs (b)
to (l) of section 40(1) as if the reference in paragraph (e) to the applicant were a reference to the occupiers of the subdivided lots; and

        (c)     any other matter that the Minister thinks fit to have regard to.

S. 11(9) inserted by No. 5/2002 s. 7(2).

    (9)     In considering an application under subsection (3), the Minister must give effect to an approved management plan for any relevant water supply protection area.