Victorian Consolidated Legislation

Water Act 1989 - SECT 21

Matters to be taken into account with respect to public works

21. Matters to be taken into account with respect to public works

If the Crown, an Authority, a licensee or a public statutory body is the owner
or has the management and control of any works which interfere, or may
interfere, with the reasonable flow of water, in determining whether those
works should be continued, removed or modified, account must be taken of all
the circumstances including the following matters-

   (a)  the circumstances, state of scientific knowledge and knowledge of
        local conditions at the time the works were constructed;

   (b)  the nature and position of the works;

   (c)  the likely effects and costs of continuing, removing or modifying the
        works;

   (d)  the nature of any interest in land affected by the works and the
        effect on that interest of continuing, removing or modifying the
        works.

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