Water Act 1989

An owner of land who seeks access for drainage, water supply or salinity mitigation purposes over land owned by another person and who gives notice under section 234(1) may, if agreement has not been reached with the other owner about access within one month after service of the notice on the other owner, apply to the Minister for the appointment of an Authority to decide the issue.

The Minister must make an appointment if an application is made.

In deciding whether a right of access should be created over land, the appointed body must have regard to the following—

whether any damage will be caused to the property of the owner of the land;

whether that owner may be fully compensated for that damage by money or otherwise.

If the appointed body decides that a right of access should be created over land, that body must decide the nature and extent of that right and of the works that may be constructed on that land.

A decision of the appointed body is, subject to subsection (6), binding on the parties and may include any order that the body thinks fit for the payment of compensation.

A person whose interests are affected by the decision of the appointed body under subsection (1) may apply to the Tribunal for review of the decision.

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

the day on which the decision is made;

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.

On an application for review under subsection (6) the Tribunal may make any order that it thinks fit for the payment of compensation.