Victorian Current Acts

WATER ACT 1989 - SECT 271

    (1)     An owner who is required to make a payment under section 268, 269 or 270 may, within 1 month after receipt of the notice (or any longer time allowed by the Authority and specified in the notice), object in writing to the Authority on any of the following grounds—

        (a)     in the case of a notice under section 268, that the property of the owner will not benefit from the provision of the services;

        (b)     if there are several properties that will benefit, that the basis of distribution of the cost between the owners of those properties is unreasonable;

        (c)     that the amount is excessive;

        (d)     if there are several properties that will benefit, that any owner who has been required to pay should not be required to do so, or that any owner who has not been required to pay should be required to do so;

        (e)     in the case of a notice under section 269, that the use of the services has not increased, or will not increase, as the case requires;

S. 271(1)(ea) inserted by No. 85/2006 s. 115.

        (ea)     that the payment was not set in accordance with an Order under section 4D(1)(a) of the Water Industry Act 1994 or in accordance with the Essential Services Commission Act 2001 ;

        (f)     in the case of a notice under section 268(1), any other grounds.

    (2)     An Authority must, within 2 months after receipt of an objection, notify the person of its decision on the objection.

S. 271(3) substituted by No. 52/1998
s. 311(Sch. 1 item 105.48).

    (3)     An owner may apply to the Tribunal for review of the Authority's decision on the owner's objection on any of the grounds specified in subsection (1)(a) to (e).

S. 271(4) inserted by No. 52/1998
s. 311(Sch. 1 item 105.48).

    (4)     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 owner requests a statement of reasons for the decision, the day on which the statement of reasons is given to the owner or the owner is informed under section 46(5) of that Act that a statement of reasons will not be given.

S. 271(5) inserted by No. 50/2011 s. 11, amended by No. 52/2021 s. 103, repealed by No. 80/1989 s. 372.

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S. 271(6) inserted by No. 50/2011 s. 11, repealed by No. 80/1989 s. 372.

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