Victorian Consolidated Legislation

Water Act 1989 - SECT 9

Authority rights to water

9. Authority rights to water



(1) An Authority within the meaning of Division 1 of Part 4 has the right to
take the amounts of water that are made available to it-

   (a)  under a bulk entitlement granted under that Division or Division 3 of
        Part 4 or under Part 11; or



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   (d)  under any other entitlement, licence or right under this Act.



(2) An Authority referred to in subsection (1) has the right to use water
taken by it under a right conferred by subsection (1)-

   (a)  in the case of an Authority referred to in paragraph (a) or (b) of the
        definition of Authority in section 34, for any purpose connected with
        the exercise of its functions under this Act or the
        Local Government Act 1989, as the case requires;

   (b)  in the case of the Melbourne and Metropolitan Board of Works, for any
        purpose connected with the exercise of its functions under the
        Melbourne and Metropolitan Board of Works Act 1958;

   (c)  in the case of SEC, VENCorp, a distribution company, a transmission
        company or a generation company within the meaning of the
        Electricity Industry Act 2000, for any purpose connected with the
        exercise of its functions or powers;









   (d)  in the case of an Authority referred to in paragraph (e) or (f) of the
        definition of Authority in section 34, for any public purpose;

   (e)  in the case of water taken under an entitlement granted under Part 11
        or any corresponding previous enactment, for any purpose connected
        with the exercise of its functions under that Part.

(3) The right conferred by subsection (1) is limited only to the extent to
which an intention to limit it is expressly (and not merely impliedly)
provided in-

   (a)  this Act; or

   (b)  any other Act; or

   (c)  the conditions attached to the bulk entitlement.