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CATCHMENT AND LAND PROTECTION ACT 1994 - SECT 85 Notices for the purpose of this Act

CATCHMENT AND LAND PROTECTION ACT 1994 - SECT 85

Notices for the purpose of this Act

    (1)     A notice or document required or authorised to be given or served for the purpose of this Act or the regulations—

S. 85(1)(a) amended by No. 61/2003 s. 31.

        (a)     must be in writing in a manner approved by the Secretary; and

S. 85(1)(b) amended by No. 22/2022 s. 47.

        (b)     may be given or served personally, or by post, or by electronic communication, or in any other prescribed manner.

    (2)     A notice or document required or authorised by this Act or the regulations to be given to or served on a land owner may be addressed to the land owner by name or to "the land owner" of a property specified in the notice or document.

    (3)     If there is more than one owner of a piece of land, service of a notice or document on one of those owners must, for the purposes of this Act or the regulations, be taken to be service on all of the owners.

    (4)     If after reasonable enquiries the Secretary considers that all the land owners of a piece of land cannot be found or are absent from Victoria or that it is impracticable to serve any of them with a notice or document under this Act or the regulations, that notice or document must be taken to be sufficiently served on all the land owners if it is published in a newspaper generally circulating in the area in which the land is located and displayed conspicuously on or near the land to which it applies.

    (5)     If for any reason an authorised officer is unable to give notice to a land owner under this Division 1, the authorised officer may give that notice by displaying it in a conspicuous place on or near the land of the land owner.

    (6)     A certificate purporting to be signed by an authorised officer to the effect that, on a date specified in the certificate, a notice or document was given to or served on a person specified in the certificate is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.

S. 85A inserted by No. 67/2006 s. 23, amended by No. 35/2009 s. 17.