Victorian Consolidated Legislation

Water Act 1989 - SECT 11

Allocation of water right on subdivision

11. Allocation of water right on subdivision



(1) If-

   (a)  at the commencement of this section a right is conferred on a person
        by section 8(1)(b) or (c) to take water from a waterway because that
        person occupies land on which the water flows or occurs or land
        adjacent to the waterway; and

   (b)  on or after that commencement that land is subdivided-

only the person who occupies one of the subdivided lots has, after the
subdivision, the right conferred by that section.

(2) The subdivided lot the occupier of which has the right to take water from
the waterway, must-

   (a)  have the waterway flowing or occurring on it; or

   (b)  be adjacent to the waterway.

(3) The Minister may, on the application of the subdivider, exempt a
subdivision from subsections (1) and (2) and allocate the right or part of it
to all or any of the subdivided lots.

(4) The Minister may require an applicant under subsection (3) to give notice
of the application in any manner specified by the Minister.

(5) A notice given under subsection (4) may invite submissions on the
application to be made in the manner specified in the notice within the period
specified in the notice.

(6) The Minister may appoint a panel of persons to consider submissions made
on an application under subsection (3).

(7) Subsections (2) to (6) of section 50 apply to a panel appointed under
subsection (6) as if the reference in subsection (3) of that section to a
notice given under section 49(2) were a reference to a notice given under
subsection (4) of this section.

(8) In considering an application under subsection (3), the Minister must have
regard to-

   (a)  the report of any panel appointed under subsection (6); and

   (b)  the matters mentioned in paragraphs (b) to (l) of section 40(1) as if
        the reference in paragraph (e) to the applicant were a reference to
        the occupiers of the subdivided lots; and

   (c)  any other matter that the Minister thinks fit to have regard to.

(9) In considering an application under subsection (3), the Minister must give
effect to an approved management plan for any relevant water supply protection
area.