Victorian Numbered Acts

WATER (GOVERNANCE) ACT 2006 (NO 85 OF 2006) - SECT 56

After section 139 of the Water Act 1989 insert —

        "139A.     Submission of proposal for approval of the abandonment or decommissioning of major works

    (1)     An Authority which proposes to abandon or decommission any major works must submit the proposal to the Minister for approval under section 139.

    (2)     When making a submission under sub-section (1), the Authority must give to the Minister copies of all submissions it is required to consider under section 139D.

        139B.     Notification of proposal to approve the abandonment or decommissioning of major works    

    (1)     Before making a submission under section 139A, the Authority must cause notice of the proposal to be published—

        (a)     in a newspaper circulating generally in the area to which the proposal relates; and

        (b)     in the Government Gazette.

    (2)     A notice under sub-section (1) must state that—

        (a)     the Authority invites submissions on the proposal to be made to it; and

        (b)     any submission made to the Authority must set out the grounds on which it is made; and

        (c)     the time within which submissions on the proposal must be received by the Authority.

        139C.     Submissions on proposal

    (1)     An Authority that has submitted a proposal for the approval of the Minister under section 139A must, in the notice under section 139B invite submissions on the proposal.

    (2)     Any person who is affected by the proposal may make a written submission on the proposal to the Authority.

    (3)     A submission under sub-section (2) must be received by the Authority within one month of the publication of the notice of the proposal in the Government Gazette under section 139B.

        139D.     Authority to consider submissions

Before making a submission to the Minister under section 139A, an Authority must consider all submissions made to it on the proposal within the time specified in section 139C(3).

        139E.     Appointment of panel by Minister

    (1)     Before making a decision under section 139 , the Minister may appoint a panel of persons and refer to the panel for consideration the submission of an Authority under section 139A, and, in particular, any submissions on that submission given by the Authority to the Minister.

    (2)     The panel appointed by the Minister must consider the submissions referred to it by the Minister and must report on that consideration to the Minister within the time specified by the Minister.".