Victorian Current Acts

WATER ACT 1989 - SECT 23

    (1)     The Minister may do anything that is necessary or convenient to be done for or in connection with, or as incidental to, the undertaking of the water resources assessment program including (but not limited to) the following—

        (a)     carrying out surveys and holding inquiries;

        (b)     measuring and recording the flow of water in—

              (i)     waterways; and

              (ii)     other areas in which water collects;

        (c)     investigating groundwater;

S. 23(1)(ca) inserted by No. 99/2005 s. 12.

        (ca)     investigating whether or not the environmental water reserve is being maintained in accordance with the environmental water reserve objective;

        (d)     monitoring the physical, chemical and bacteriological quality of water;

        (e)     investigating the effect of climatic conditions on the occurrence and quality of water;

        (f)     investigating the interaction between groundwater and surface water;

        (g)     monitoring the flows of receiving waters for drainage, sewage and trade waste;

        (h)     establishing and maintaining works.

    (2)     For the purposes of the water resources assessment program the Minister may—

S. 23(2)(a) amended by No. 5/2002 s. 9(1).

        (a)     purchase or compulsorily acquire any land that is required for the establishment of works or State observation bores; or

S. 23(2)(ab) inserted by No. 48/2021 s. 70(1).

        (ab)     authorise a person to enter land at the following times to establish, maintain and read state water gauges and other surface water monitoring equipment—

              (i)     in the case of Crown land, anytime;

              (ii)     in the case of land other than Crown land, between the hours of 7 a.m. and 7 p.m.; or

        (b)     subject to section 24, authorise a person to enter any land and drill for groundwater; or

        (c)     require any person (including a public statutory body) taking part in the program or otherwise collecting information of a kind referred to in section 22(2) —

              (i)     to keep records of all information collected; and

              (ii)     to give the Minister copies of those records on request; or

        (d)     direct any Authority—

              (i)     to collect and record information of a kind referred to in section 22(2) that is related to the Authority's functions; and

              (ii)     to provide that information to the Minister in any form that the Minister requires.

    (3)     The Land Acquisition and Compensation Act 1986 applies to this Division and for that purpose—

        (a)     this Division is the special Act; and

        (b)     the Minister is the Authority.

    (4)     Section 74 of the Land Acquisition and Compensation Act 1986 applies to an entry on land under subsection (2)(b).

S. 23(5) inserted by No. 5/2002 s. 9(2).

    (5)     A person must not, without the consent of the Minister, destroy, damage, remove, alter or in any way interfere with any works established under subsection (1)(h).

Penalty:     For a first offence, 20 penalty units or imprisonment for 3 months.

For a subsequent offence, 40 penalty units or imprisonment for 6 months.

Note to s. 23(5) inserted by No. 48/2021 s. 70(2).

Note

Section 297 applies to an offence against this subsection.

S. 23(6) inserted by No. 5/2002 s. 9(2).

    (6)     A person who is guilty of an offence under subsection (5) that is of a continuing nature is liable, in addition to the penalty set out at the foot of that subsection, to a further penalty of not more than 5 penalty units for each day during which the offence continues—

        (a)     after service of a notice of contravention on the person under section 151 ; or

        (b)     if no notice of contravention is served, after conviction.