Victorian Consolidated Legislation

Water Act 1989 - SECT 4

Power to declare lake, lagoon, swamp or marsh

4. Power to declare lake, lagoon, swamp or marsh



(1) The Governor in Council may on the recommendation of the Minister, by
Order published in the Government Gazette, declare a collection of water
(other than water collected and contained in a private dam or a natural
depression on private land) to be a lake, lagoon, swamp or marsh.

(2) The Minister must not recommend to the Governor in Council the making of a
declaration under subsection (1) unless-

   (a)  the Minister is satisfied that-

   (i)  the declaration has been applied for by a person who, if the
        collection of water was a lake, lagoon, swamp or marsh, would have the
        right to take and use water from it under section 8(1); and

   (ii) the applicant has caused notice of the application to be published in
        a newspaper circulating generally in the area in which the water is
        situated; and

   (iii) the applicant has caused notice of the application to be given or
        sent by post to-

                (A)  the owner and occupier of the land on which the water is
                     situated; and

                (B)  the council in whose municipal district the water is
                     situated; and

                (C)  the responsible authority in relation to a planning
                     scheme for the area in which the water is situated; and

   (b)  the Minister has considered any submissions made on the application
        within the period of 60 days after the publication or giving of notice
        of the application under paragraph (a)(ii) or (a)(iii), whichever is
        the later.

(3) The Minister may require further information with respect to an
application to be provided by the applicant or an Authority.

(4) The Governor in Council may on the recommendation of the Minister, by
Order published in the Government Gazette at the same time as a declaration
under subsection (1), require a person who-

   (a)  owns land on which the declared collection of water is situated; or

   (b)  who will benefit from the declaration-

to pay the amount of compensation specified in the Order to another person
who-

   (c)  owns land on which the declared collection of water is situated; or

   (d)  will suffer detriment from the declaration.

(5) A copy of an Order made under subsection (4) must be given or sent by post
to any Authority or person affected by the Order.

(6) A person whose interests are affected by a decision of the Governor in
Council to make an Order under subsection (1) or (4) may apply to the Tribunal
for review of the decision.

(7) 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.