Victorian Consolidated Legislation

Water Act 1989 - SECT 19

Jurisdiction of Tribunal

19. Jurisdiction of Tribunal



(1) The Tribunal has jurisdiction in relation to all causes of action (other
than any claim for damages for personal injury) arising under sections 15(1),
16, 17(1) and 157(1) of this Act or at common law in respect of the escape of
water from a private dam.



* * * * *





(3) In exercising jurisdiction conferred by subsection (1), the Tribunal-

   (a)  may by order, whether interim or final, grant an injunction (including
        one to prevent an act that has not yet taken place) if it is just and
        convenient to do so; or

   (ab) may make an order for payment of a sum of money awarding damages in
        the nature of interest; or

   (b)  may make an order that is merely declaratory.

(3A) Nothing in subsection (3) takes away from or affects the Tribunal's
powers under section 123 or 124 of the
Victorian Civil and Administrative Tribunal Act 1998.

(4) In awarding damages in the nature of interest, the Tribunal may base the
amount awarded on the interest rate fixed from time to time under section 2 of
the Penalty Interest Rates Act 1983 or on any lesser rate that it considers
appropriate.



(5) The Tribunal may in respect of any works that give rise to a cause of
action of a kind referred to in subsection (1) make any order with respect to-

   (a)  compensation for damage to land; or

   (b)  the continuation, removal or modification of works; or

   (c)  payment of the costs of the removal or modification of works-

that it considers appropriate.

* * * * *



(8) Nothing in this section prevents a person from bringing before a court a
claim for damages for personal injury based on a cause of action of a kind
referred to in subsection (1).





(9) In determining a cause of action arising under section 15(1), 16, 17(1) or
157(1) of this Act the Tribunal must apply to the questions of causation and
remoteness of damage the same tests as a court would apply to those questions
in an action based on negligence.

(10) Subject to subsection (8), a proceeding based on a cause of action of a
kind referred to in subsection (1) must not be brought otherwise than before
the Tribunal.