Victorian Numbered Acts

WATER AMENDMENT (GOVERNANCE AND OTHER REFORMS) ACT 2012 (NO. 17 OF 2012) - SECT 26

    (1)     For section 147(1) of the Water Act 1989 substitute —

    "(1)     An Authority may require the owner of a serviced property to connect the property to the sewerage works of the Authority.

    (1A)     An Authority may require the owner of a serviced property—

        (a)     to remove any existing connection between that property and any works of the Authority; or

        (b)     to carry out any work that the Authority considers necessary for the provision of a service of the Authority to the property.

    (1B)     The Authority must give notice in writing to the owner of the property of a requirement under subsection (1) or (1A) and must specify in the notice the time within which the requirement must be carried out.

    (1C)     The owner of a serviced property who has been notified under subsection (1B) must carry out the requirement specified in the notice within the time specified in the notice or any longer time allowed by the Authority.".

    (2)     In section 147(2) of the Water Act 1989 , for "Authority's works" substitute "Authority's sewerage works".

    (3)     For section 147(6) of the Water Act 1989 substitute —

    "(6)     An Authority must not, by notice under subsection (1), require the owner of a property to connect to sewerage works of the Authority unless—

        (a)     the Authority has first consulted with the Environment Protection Authority and the Secretary to the Department of Health; and

        (b)     the Authority is of the opinion that the connection (whether alone or in combination with other connections) is necessary to avoid an adverse impact on public health or the environment.

    (7)     The owner of the property may apply to VCAT for review of a decision to impose a requirement under subsection (1) or (1A).

    (8)     An application for review under subsection (7) must be lodged with VCAT within 28 days after—

        (a)     notice of the decision was given; or

        (b)     if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998 , the owner requests a statement of reasons for the decision, the day on which the statement of reasons is given to the owner or the owner is informed under section 46(5) of that Act that a statement of reasons will not be given.

    (9)     In reviewing a decision of an Authority on application under subsection (7), VCAT must not make a determination that has the effect that the owner is not required to connect to the sewerage works of the Authority unless the owner can demonstrate that the owner is able to dispose of wastewater or sewage from the property (whether alone or in combination with other properties) in a manner that avoids an adverse impact on public health or the environment.".