Victorian Consolidated Legislation

Water Act 1989 - SECT 32F

Compensation in certain circumstances

32F. Compensation in certain circumstances



(1) The owner and occupier of any works is entitled to be paid, by the person
specified by the consultative committee that prepared the plan, or specified
by the Minister in a plan referred to in section 32E, compensation for any
loss suffered or expenses sustained as a result of-

   (a)  being directed under section 32B(1)(a) to carry out works or install
        equipment; or

   (b)  being ordered under section 32B(1)(b) to remove works.



(2) If as a result of the enforcement of an approved management plan a benefit
is conferred on one person and a detriment is suffered by another person, the
second-mentioned person is entitled to be paid by the first-mentioned person
compensation for the detriment suffered.

(3) The amount of compensation payable under subsection (1) or (2) is as
agreed by the parties or, in the absence of agreement, as determined by the
Authority that has the duty of administering and enforcing the plan, and that
amount may be enforced as a debt in a court of competent jurisdiction.

(4) A person whose interests are affected by a decision-

   (a)  of an Authority under subsection (3) as to the amount of compensation
        payable; or

   (b)  of a consultative committee or the Minister under subsection (1)-

   (i)  that a specified person must pay compensation; or

   (ii) that no compensation is payable- may apply to the Tribunal for review
        of the decision.

(5) An application for review must be made within 28 days after the later of-

   (a)  the day on which the decision is made;

   (b)  if, under the Victorian Civil and Administrative Tribunal Act 1998,
        the person requests a statement of reasons for the decision, the day
        on which the statement of reasons is given to the person or the person
        is informed under section 46(5) of that Act that a statement of
        reasons will not be given.