219DDisposal of thing

219D Disposal of thing S. 219D(1) substituted by No. 25/2025 s. 53(1). (1) A waterway manager may dispose of a thing by gift, sale or destruction of the thing or by otherwise dealing with the thing if the waterway manager— (a) has determined that the thing is an abandoned thing under section 219AA(1) or has moved the thing under section 219A(2); and (b) is unable to establish both the identity and location of the owner of the thing after reasonable enquiries. (2) A waterway manager must not dispose of a thing under subsection (1) unless— (a) the waterway manager has given notice about the disposal of the thing in a newspaper circulating generally in Victoria and on the manager's Internet site; and (b) 28 days have expired since the giving of the notice. (3) The requirements of subsection (2) do not apply to the disposal of a thing that is perishable. S. 219D(4) substituted by No. 25/2025 s. 53(2). (4) If a waterway manager establishes both the identity and location of the owner of a thing that the waterway manager has determined is an abandoned thing under section 219AA(1) or that has been moved under section 219A(2), the waterway manager must give the owner notice in writing that the waterway manager intends to dispose of the thing. (5) If a waterway manager gives notice in writing under subsection (4) to the owner and the owner of the thing does not recover the thing from the waterway manager within 28 days the waterway manager may dispose of the thing after the 28 days have expired, either by gift, sale or destruction of the thing or by otherwise dealing with the thing. S. 219D(5A) inserted by No. 25/2025 s. 53(3). (5A) A person to whom the waterway manager gives or sells a thing under subsection (1) or (5) obtains good title to that thing. S. 219D(6) substituted by No. 25/2025 s. 53(4). (6) Despite subsections (4) and (5), if the thing is a perishable item, the waterway manager is not required to give notice to the owner of the thing before disposing of the thing. S. 219E inserted by No. 55/2017 s. 22.