Victorian Current Acts

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WATER ACT 1989 - SECT 47A

Compliance with terms of bulk entitlement

S. 47A(1) substituted by No. 32/2010 s. 34.

    (1)     An Authority referred to in section 34(1)(c) must comply with the specifications of an Order granting a bulk entitlement to it.

    (2)     An Authority which contravenes subsection (1) is guilty of an offence against this Act and liable to a penalty of not more than 200 penalty units and in the case of a continuing offence to a daily penalty of not more than 80 penalty units for each day the offence continues after conviction or after service by or on behalf of the Minister of notice of contravention of this section.

Note to s. 47A(2) inserted by No. 48/2021 s. 73.

Note

Section 297 applies to an offence against this subsection.

    (3)     The Minister may, by notice in writing to an Authority which contravenes subsection (1), require the Authority to take any action specified in the notice within the time (being not less than 2 days) that is specified in the notice or any longer time allowed by the Minister, to remedy the contravention.

    (4)     If a notice of contravention is not complied with within the time specified or any longer time allowed by the Minister, the Minister may—

        (a)     cause to be carried out any works and take any other action the Minister decides is necessary to remedy the contravention, and recover reasonable costs from the Authority on which the notice was served; and

        (b)     cause to be removed or disconnected any works of the Authority in relation to which the contravention occurs, and recover reasonable costs from the Authority on which the notice was served; and

        (c)     apply to a court for an injunction restraining the Authority on which the notice was served from contravening the notice.

S. 47B inserted by No. 62/1995 s. 16.



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