Victorian Current Acts

WATER ACT 1989 - SECT 82

    (1)     The owner and occupier of any works is entitled to be paid compensation for any loss suffered or expenses sustained as a result of—

        (a)     being directed under section 78(1)(a) to alter works referred to in section 78(4)(b); or

        (b)     being directed under section 78(3) to remove works referred to in section 78(4)(a) or (b).

    (2)     Compensation payable under subsection (1) must be paid as follows—

        (a)     compensation payable under paragraph (a) must be paid by an Authority specified by the Minister;

        (b)     compensation payable under paragraph (b) in respect of works referred to in section 78(4)(a) must be paid by the person ordered by the Governor in Council to pay compensation under section 4(4);

        (c)     compensation payable under paragraph (b) in respect of works referred to in section 78(4)(b) must be paid by an Authority specified by the Minister.

    (3)     The amount of compensation payable under subsection (1) is as agreed by the parties or, in the absence of agreement, as determined by the Authority or other person responsible for its payment.

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