Victorian Consolidated Legislation

Water Act 1989 - SECT 20

Matters to be taken into account in determining whether flow is reasonable or not reasonable

20. Matters to be taken into account in determining whether flow is reasonable
or not reasonable



(1) In determining whether a flow of water is reasonable or not reasonable,
account must be taken of all the circumstances including the following
matters-

   (a)  whether or not the flow, or the act or works that caused the flow, was
        or were authorised;

   (b)  the extent to which any conditions or requirements imposed under this
        Act in relation to an authorisation were complied with;

   (c)  whether or not the flow conforms with any guidelines or principles
        published by the Minister with respect to the drainage of the area;

   (d)  whether or not account was taken at the relevant time of the likely
        impact of the flow on drainage in the area having regard to the
        information then reasonably available about the cumulative effects on
        drainage of works and activities in the area;

   (e)  the uses to which the lands concerned and any other lands in the
        vicinity are put;

   (f)  the contours of the lands concerned;

   (g)  whether the water which flowed was-

   (i)  brought onto the land from which it flowed; or

   (ii) collected, stored or concentrated on that land; or

   (iii) extracted from the ground on that land-

and if so, for what purpose and with what degree of care this was done;

   (h)  whether or not the flow was affected by any works restricting the flow
        of water along a waterway;

        (i)    whether or not the flow is likely to damage any waterway,
               wetland or aquifer.

(2) In taking account of the matters specified in subsection (1), greater
weight must be attached to the matters specified in paragraphs (a), (b), (c)
and (d) than to the other specified matters.

(3) An Authority that has a waterway management function in the area to which
a proceeding before the Tribunal relates may make a submission to the Tribunal
on the matters specified in paragraphs (c), (d) and (i) of subsection (1).