Victorian Current Acts

WATER ACT 1989 - SECT 231

    (1)     An Authority may reduce or restrict the period over which water is to be delivered to any serviced property, or discontinue the delivery of water to any serviced property, if—

        (a)     the Authority is, because of insufficient capacity unable to deliver water to the property; or

        (b)     any private works for the delivery of water to the property—

              (i)     are, in the opinion of the Authority, inadequate or not properly constructed or maintained and a notice to repair has been issued under section 150 and not complied with by the time specified or allowed under that section; or

              (ii)     do not, in the opinion of the Authority, comply with the regulations; or

        (c)     the owner of the serviced property has contravened this Act, the regulations or the Authority's by-laws in relation to the taking of water; or

S. 231(1)(d) amended by No. 24/2013 s. 34.

        (d)     the owner of the serviced property has refused entry to an authorised water officer, or an officer of an Authority, who intended to exercise powers conferred by or under this Act to investigate any suspected contravention of this Act, the regulations or the Authority's by-laws in relation to the taking of water; or

        (e)     the owner of the serviced property has refused or failed to pay any money due to the Authority for the delivery of water to the serviced property.

    (2)     An Authority must reduce the delivery of water under subsection (1)(a) to all serviced properties in the same proportion.

    (3)     An Authority that reduces, restricts or discontinues the delivery of water to a serviced property may reduce or waive any amount of money payable to it for the delivery of water to the serviced property.

    (4)     An Authority may reduce or restrict the quantity of water delivered to a serviced property or discontinue the supply of water to a serviced property under subsection (1)(b), (c), (d) or (e) if it decides that the required circumstances exist, whether or not it has been proved to the satisfaction of a court that those circumstances do exist.

    (5)     A person may apply to the Tribunal for review of the Authority's decision to discontinue the delivery of water to the serviced property under subsection (1)(c).

    (6)     An application for review must be made within 28 days after the later of—

        (a)     the day on which the decision is made;

        (b)     if, under the Victorian Civil and Administrative Tribunal Act 1998 , the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.

S. 232 repealed by No. 99/2005 s. 61.

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Pt 11A (Headings and ss 232– 232F) inserted by No. 23/2019 s. 83.

Part 11A—Salinity mitigation

Division 1—Preliminary

New s. 232 inserted by No. 23/2019 s. 83.