Designated waterways and designated land or works

In force

S. 188(1) amended by No. 85/2006 s. 78.

(1)

An Authority, other than Melbourne Water Corporation, may—

(a)

declare a waterway within its district or any part of a waterway within its district to be a designated waterway; or

(b)

declare any of the following within its district to be designated land or works—

(i)

any works or part of any works in or over which water occasionally flows, whether in a defined, naturally occurring channel or not;

(ii)

any land which—

(A)

abuts a waterway; or

(B)

is within 20 metres of a waterway—

and which is significant, whether because of its use or otherwise, for the stability, conservation or functioning of the waterway.

(2)

A declaration under subsection (1) must be made by notice in writing which—

(a)

is published in the Government Gazette; and

(b)

is published in a newspaper circulating generally in the area in which the designated waterway or the designated land or works is or are located; and

(c)

adequately describes the designated waterway or the designated land or works; and

(d)

specifies the Authority having the management and control of the designated waterway or the designated land or works; and

(e)

specifies the waterway management district of that Authority.

(3)

The Authority making a declaration must send a copy of the notice to every public statutory body that may have an interest in the waterway declared to be a designated waterway or in the designated land or works.

S. 188(4) substituted by No. 52/1998 s. 311(Sch. 1 item 105.23).

(4)

A person whose interests are affected by a decision of an Authority to make a declaration under subsection (1)(b) may apply to the Tribunal for review of the decision.

S. 188(4A) inserted by No. 52/1998 s. 311(Sch. 1 item 105.23).

(4A)

An application for review must be made within 28 days after the later of—

(a)

the day on which the declaration is published in the Government Gazette;

(b)

if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision to make the declaration, 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.

(5)

The Authority may, if a declaration is revoked, specify in the notice of the revoking declaration any Authority to which the management and control of the designated waterway or the designated land or works is transferred.

S. 188A inserted by No. 65/1995 s. 19, repealed by No. 66/2000 s. 28, new s. 188A inserted by No. 85/2006 s. 79.

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188 Designated waterways and designated land or works