Victorian Consolidated Legislation

Water Act 1989 - SECT 33AAC

Procedures applying to qualifications

33AAC. Procedures applying to qualifications



(1) A qualification of rights to water under this Division must be done by-

   (a)  giving notice of the qualification to the person affected; or

   (b)  causing notice of it to be published in a newspaper generally
        circulating-

   (i)  in the area to which the qualified rights to water relate; or

   (ii) in the area served by the water system to which the qualified rights
        to water relate.

(2) A notice given or published under subsection (1) may specify the criteria
according to which the Minister determined the qualification.

(3) For the purposes of a qualification under section 33AAA, the Minister may,
by Order published in the Government Gazette-

   (a)  determine the class of any rights to water; and

   (b)  assign a priority to each of those classes-

and any qualification under that section of rights to water must be made in
accordance with the priority of the class of right concerned.

(4) Subject to subsection (3), any qualification under section 33AAA of rights
to water must apply to all rights in the same proportion, unless the Minister
is of the opinion that the circumstances are so extreme as to justify some
other basis.

Division 5-State observation bores