Victorian Consolidated Legislation

Water Act 1989 - SECT 12

Authorisation may be conditional6

12. Authorisation may be conditional6



(1) An Authority, a public statutory body or any other person that has power
under this or any other Act to authorise or permit any activity, or any change
in the use of land, that may affect the existing drainage regime-

   (a)  must make the authorisation or permission subject to any conditions
        that, in the opinion of the Authority, body or other person, are
        required to ensure the conservation of waterways, wetlands and
        aquifers; and

   (b)  may withhold the authorisation or permission until any works are
        carried out, or any measures undertaken (including the payment of
        compensation), that are required by the Authority, body or other
        person for avoiding or lessening any possible adverse effect of the
        granting of the authorisation or permission.

(2) In subsection (1), drainage regime means all physical and hydrological
circumstances that may affect drainage in a catchment, including the use of
land but not including any circumstances arising from works that are
unlawfully carried out or from any unlawful use of the land.

(3) The failure of an Authority, a public statutory body or other person to
comply with subsection (1)(a) does not invalidate any authorisation or
permission granted by that Authority, body or other person.



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Division 2-Liabilities