Victorian Consolidated Legislation

Water Act 1989 - SECT 23

Powers of Minister in relation to assessment program10

23. Powers of Minister in relation to assessment program10



(1) The Minister may do anything that is necessary or convenient to be done
for or in connection with, or as incidental to, the undertaking of the water
resources assessment program including (but not limited to) the following-

   (a)  carrying out surveys and holding inquiries;

   (b)  measuring and recording the flow of water in-

   (i)  waterways; and

   (ii) other areas in which water collects;

   (c)  investigating groundwater;

   (ca) investigating whether or not the environmental water reserve is being
        maintained in accordance with the environmental water reserve
        objective;

   (d)  monitoring the physical, chemical and bacteriological quality of
        water;

   (e)  investigating the effect of climatic conditions on the occurrence and
        quality of water;

   (f)  investigating the interaction between groundwater and surface water;

   (g)  monitoring the flows of receiving waters for drainage, sewage and
        trade waste;

   (h)  establishing and maintaining works.

(2) For the purposes of the water resources assessment program the Minister
may-

   (a)  purchase or compulsorily acquire any land that is required for the
        establishment of works or State observation bores; or

   (b)  subject to section 24, authorise a person to enter any land and drill
        for groundwater; or

   (c)  require any person (including a public statutory body) taking part in
        the program or otherwise collecting information of a kind referred to
        in section 22(2)-

   (i)  to keep records of all information collected; and

   (ii) to give the Minister copies of those records on request; or

   (d)  direct any Authority-

   (i)  to collect and record information of a kind referred to in section
        22(2) that is related to the Authority's functions; and

   (ii) to provide that information to the Minister in any form that the
        Minister requires.

(3) The Land Acquisition and Compensation Act 1986 applies to this Division
and for that purpose-

   (a)  this Division is the special Act; and

   (b)  the Minister is the Authority.

(4) Section 74 of the Land Acquisition and Compensation Act 1986 applies to an
entry on land under subsection (2)(b).

(5) A person must not, without the consent of the Minister, destroy, damage,
remove, alter or in any way interfere with any works established under
subsection (1)(h).

Penalty: For a first offence, 20 penalty units or imprisonment for 3 months.
For a subsequent offence, 40 penalty units or imprisonment for 6 months.

(6) A person who is guilty of an offence under subsection (5) that is of a
continuing nature is liable, in addition to the penalty set out at the foot of
that subsection, to a further penalty of not more than 5 penalty units for
each day during which the offence continues-

   (a)  after service of a notice of contravention on the person under section
        151; or

   (b)  if no notice of contravention is served, after conviction.