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WATER ACT 1989 - SECT 124

Particular powers of Authorities

    (1)     The powers of an Authority that has a water supply district include the powers set out in Part 8.

    (2)     The powers of an Authority that has a sewerage district include the powers set out in Part 9.

    (3)     The powers of an Authority that has a waterway management district include any of the powers set out in any Division of Part 10 that applies to that Authority.

    (4)     The powers of an Authority that has an irrigation district include the powers set out in Part 11.

    (5)     An Authority is not obliged to perform any function conferred by this Act, unless this Act expressly provides otherwise.

S. 124(6) amended by Nos 50/1992 s. 10(Sch. item 11.17), 49/1994 s. 5(1)(d), 65/1995 s. 22(f).

    (6)     It is a function of an Authority to construct, complete, operate and maintain any works of water supply, drainage or salinity mitigation for which funding is provided to it under any other Act or which, under any other Act, it is authorised or directed to construct, complete, operate or maintain.

S. 124(7) amended by Nos 50/1992 s. 10(Sch. item 11.18), 49/1994 s. 5(1)(e).

    (7)     It is a function of an Authority, subject to this Act, to supply water from its works to any person by agreement.

S. 124(8) amended by Nos 50/1992 s. 10(Sch. item 11.19), 49/1994 s. 5(1)(f)(i)(ii), 5/2002 s. 48.

    (8)     In deciding whether to make an agreement to supply water, an Authority must have regard to the matters specified in section 40(1)(b) to (m), with any necessary modifications, and to any other matter that the Authority thinks fit to have regard to.

S. 124(9) inserted by No. 65/1995 s. 18.

    (9)     The powers of an Authority include the power to require vessels to be licensed if they are used on any of its works.

S. 124(10) inserted by No. 65/1995 s. 18.

    (10)     The functions of an Authority include the carrying on within or, with the approval of the Minister, outside Victoria, of any business or activity incidental to its functions under this Act.

S. 124(11) inserted by No. 65/1995 s. 18.

    (11)     Without limiting subsection (10), the functions of an Authority include the carrying on within or, with the approval of the Minister, outside Victoria, of any business or activity that is capable of being conveniently carried on by the use of resources that are not immediately required in carrying out the Authority's functions under this Act.

S. 124(12) inserted by No. 65/1995 s. 18.

    (12)     In subsections (10) and (11) "business or activity" includes the provision of consultancy and project management services.

S. 124A inserted by No. 49/2017 s. 94, amended by No. 43/2021 s. 219(Sch.  1 item 14.1), repealed by No. 48/2021 s. 66.

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S. 124B inserted by No. 17/2018 s. 31.



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