Victorian Consolidated Legislation

Water Act 1989 - SECT 16

Liability arising out of flow of water etc.8

16. Liability arising out of flow of water etc.8



(1) If-

   (a)  there is a flow of water from the land of a person onto any other
        land; and

   (b)  that flow is not reasonable; and





   (c)  the water causes-

   (i)  injury to any other person; or

   (ii) damage to the property (whether real or personal) of any other person;
        or

   (iii) any other person to suffer economic loss- the person who caused the
        flow is liable to pay damages to that other person in respect of that
        injury, damage or loss.

(2) If-

   (a)  a person interferes with a reasonable flow of water onto any land or
        by negligent conduct interferes with a flow of water onto any land
        which is not reasonable; and

   (b)  as a result of that interference water causes-

   (i)  injury to any other person; or

   (ii) damage to the property (whether real or personal) of any other person;
        or

   (iii) any other person to suffer economic loss- the person who interfered
        with the flow is liable to pay damages to that other person in respect
        of that injury, damage or loss.

(3) If the person who caused, or interfered with, the flow (as the case
requires)-

   (a)  is the servant of another person and acted in the course of the
        servant's employment; or

   (b)  is the agent of another person and acted within the scope of the
        agent's authority-

that other person is liable to pay damages in respect of the injury, damage or
loss.

(4) The existence of a liability under subsection (3) does not extinguish the
liability of the servant or agent under subsection (1) or (2), as the case
requires.

(5) If the causing of, or the interference with, the flow (as the case
requires) was given rise to by works constructed or any other act done or
omitted to be done on any land at a time before the current occupier became
the occupier of the land, the current occupier is liable to pay damages in
respect of the injury, damage or loss if the current occupier has failed to
take any steps reasonably available to prevent the causing of, or the
interference with, the flow (as the case requires) being so given rise to.

(6) The existence of a liability under subsection (5) extinguishes the
liability under subsection (1) of the person who caused the flow or the
liability under subsection (2) of the person who interfered with the flow (as
the case requires).