Licence to construct works etc.
67 Licence to construct works etc.
S. 67(1) amended by No. 5/2002 s. 35(1).
An Authority or any other person may apply to the Minister for the issue of a licence to construct, alter, operate, remove or decommission—
any works on a waterway (including the River Murray), including works to deviate (temporarily or permanently) a waterway; or
a bore.
S. 67(1A) inserted by No. 5/2002 s. 35(2).
A person may apply to the Minister for the issue of a licence to construct, alter, operate, remove or decommission a private dam, other than on a waterway, that—
has a wall that is 5 metres or more high above ground level at the downstream end of the dam and a capacity of 50 megalitres or more; or
has a wall that is 10 metres or more high above ground level at the downstream end of the dam and a capacity of 20 megalitres or more; or
has a wall that is 15 metres or more high above ground level at the downstream end of the dam, regardless of the capacity; or
is a dam belonging to a prescribed class of dams.
An application must—
be made in a form and manner approved by the Minister; and
contain any information that—
is prescribed; or
is required by the Minister; and
be accompanied by—
S. 67(2)(c)(i) amended by No. 110/1997 s. 17(5).
any application fee fixed by the Minister; and
S. 67(2)(c)(ii) amended by No. 5/2002 s. 35(3).
if the land on which the works are, or are proposed to be, situated—
S. 67(2)(c) (ii)(A) amended by No. 35/1998 s. 21(2).
is not Crown land (other than land which is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993); and
is not occupied by the applicant—
the written consent of the occupier.
S. 67(3) inserted by No. 85/2006 s. 46.
This section does not apply to the abandonment or decommissioning of any works of an Authority, if the works are major works.
S. 67(4) inserted by No. 85/2006 s. 46.
After consultation with the Minister administering the Conservation, Forests and Lands Act 1987, a licence issued under this section may include authority to enter on any Crown land other than land which is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993 and to install and operate works on that land, under the licence, for the purpose of raising water.
S. 67(5) inserted by No. 85/2006 s. 46.
The licensee is liable to compensate any person who suffers any pecuniary loss as a direct, natural and reasonable consequence of the exercise of an authority granted under subsection (4).
S. 67(6) inserted by No. 85/2006 s. 46.
The amount of compensation payable is as agreed by the parties or, in the absence of agreement, as determined by the Tribunal.
S. 67A inserted by No. 5/2002 s. 36.
This provision refers to the regulations (prescribed class
). Made under this Act:
- Water (Drillers' Licences) Regulations 2022 · under section 324
- Water (General) Regulations 2021 · under sections 119 and 324
- Water (Infringements) Regulations 2020 · under section 324
4 more instruments made under this Act are listed on the Act’s overview.
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