Victorian Consolidated Legislation

Water Act 1989 - SECT 15

Civil liability for unauthorised taking or use of water or for unauthorised works7

15. Civil liability for unauthorised taking or use of water or for
unauthorised works7



(1) A person who-

   (a)  takes water in an unauthorised manner or in unauthorised quantities;
        or

   (b)  uses water in an unauthorised manner or for an unauthorised purpose;
        or

   (c)  pollutes water, whether or not authorised to do so; or

   (d)  constructs, maintains or operates any unauthorised works-

and by that act causes injury to any other person or damage to the property
(whether real or personal) of any other person or causes any other person to
suffer economic loss is liable to pay damages to that other person in respect
of that injury or damage.

(2) Paragraph (c) of subsection (1) does not apply to the discharge of saline
matter in accordance with by-laws made under section 160(1)(d) of this Act or
regulations made under section 50(d) of the Water Industry Act 1994 and all
other necessary authorisations.

(3) Paragraph (d) of subsection (1) does not apply to any injury, damage or
loss to which section 16 applies.