Victorian Numbered Acts

WATER (GOVERNANCE) ACT 2006 (NO 85 OF 2006) - SECT 126

After section 307 of the Water Act 1989 insert —

        "307A.     Reimbursement of cost of complying with directions

    (1)     If the Minister is satisfied that an Authority has suffered financial detriment as a result of complying with a direction of the Minister under section 307, the Minister may direct that an Authority be reimbursed the amount determined by the Minister to be the amount of the financial detriment.

    (2)     The Minister must not make a determination under sub-section (1) unless the Minister has first—

        (a)         obtained the approval of the Minister administering the Financial Management Act 1994 ; and

        (b)     consulted with the board of directors of the Authority.

    (3)     On making a determination under sub-section (1), the Authority becomes entitled to the payment of the amount so determined.    

    (4)     A reference in sub-section (1) to suffering financial detriment includes a reference to—

        (a)     incurring costs that are greater than would otherwise have been incurred; or

        (b)     foregoing revenue that would otherwise have been received.

    (5)     A determination under sub-section (1) must be made in writing.".