Jurisdiction of Tribunal
19 Jurisdiction of Tribunal
S. 19(1) amended by Nos 121/1994 s. 187(e), 52/1998 s. 311(Sch. 1 item 105.4(a) (i)(ii)) (as amended by No. 101/1998 s. 22(1)(p)).
The Tribunal has jurisdiction in relation to all causes of action (other than any claim for damages for personal injury) arising under sections 15(1), 16, 17(1) and 157(1) of this Act or at common law in respect of the escape of water from a private dam.
S. 19(2) amended by No. 62/1991 s. 40(2), repealed by No. 52/1998 s. 311(Sch. 1 item 105.4(b)).
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S. 19(3) substituted by No. 52/1998 s. 311(Sch. 1 item 105.5).
In exercising jurisdiction conferred by subsection (1), the Tribunal—
may by order, whether interim or final, grant an injunction (including one to prevent an act that has not yet taken place) if it is just and convenient to do so; or
S. 19(3)(ab) inserted by No. 90/2003 s. 3(1).
may make an order for payment of a sum of money awarding damages in the nature of interest; or
may make an order that is merely declaratory.
S. 19(3A) inserted by No. 52/1998 s. 311(Sch. 1 item 105.5).
Nothing in subsection (3) takes away from or affects the Tribunal's powers under section 123 or 124 of the Victorian Civil and Administrative Tribunal Act 1998.
S. 19(4) repealed by No. 52/1998 s. 311(Sch. 1 item 105.6(a)), new s. 19(4) inserted by No. 90/2003 s. 3(2).
In awarding damages in the nature of interest, the Tribunal may base the amount awarded on the interest rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 or on any lesser rate that it considers appropriate.
S. 19(5) amended by No. 52/1998 s. 311(Sch. 1 item 105.6(b)).
The Tribunal may in respect of any works that give rise to a cause of action of a kind referred to in subsection (1) make any order with respect to—
compensation for damage to land; or
the continuation, removal or modification of works; or
payment of the costs of the removal or modification of works—
that it considers appropriate.
S. 19(6)(7) repealed by No. 52/1998 s. 311(Sch. 1 item 105.6(c)).
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Nothing in this section prevents a person from bringing before a court a claim for damages for personal injury based on a cause of action of a kind referred to in subsection (1).
S. 19(9) amended by Nos 121/1994 s. 187(f), 52/1998 s. 311(Sch. 1 item 105.6(d)).
In determining a cause of action arising under section 15(1), 16, 17(1) or 157(1) of this Act the Tribunal must apply to the questions of causation and remoteness of damage the same tests as a court would apply to those questions in an action based on negligence.
S. 19(10) amended by No. 52/1998 s. 311(Sch. 1 item 105.6(e)).
(10) Subject to subsection (8), a proceeding based on a cause of action of a kind referred to in subsection (1) must not be brought otherwise than before the Tribunal.
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