VICIn ForceAct
Water Act 1989
287ZInspection of proposed model by-law
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287Z Inspection of proposed model by-law
The Minister must ensure that the proposed model by-law—
(a) is available for inspection, free of charge, at the offices of the Department during ordinary business hours; and
(b) is able to be inspected, free of charge, by means of electronic communication at the electronic address of the Department.
S. 287ZA inserted by No. 85/2006 s. 120.
287ZA Submissions on model by-laws
(1) The Minister must invite submissions on the proposed model by-law in the notice under section 287Y.
(2) Any person who is affected by the proposed model by-law may make a submission on the by‑law to the Minister in writing, whether by means of electronic communication or otherwise.
(3) A submission under subsection (2) must be received by the Minister within one month of the publication of the notice under section 287Y(1).
S. 287ZB inserted by No. 85/2006 s. 120.
287ZB Issuing of model by-laws
After considering all submissions made on the proposed model by-laws, the Minister may issue, as model by-laws, the proposed model by-laws, either with or without amendment.
S. 287ZC inserted by No. 85/2006 s. 120.
287ZC Making and giving of notice of making of by-law using model by-law
(1) An Authority may make a by-law by using a model by-law.
(2) In making a by-law by using a model by-law, the Authority may make any necessary minor or technical changes to the by-law.
(3) An Authority that is making a by-law using a model by-law must give notice of the making of the by-law—
(b) in a newspaper circulating generally in the area in which the by-law will apply.
(4) A notice under subsection (3) must set out—
(a) the title of the by-law; and
(b) the purpose and general purport of the by‑law; and
(c) that the by-law is being made by using a model by-law issued by the Minister; and
(d) that a copy of the by-law may be inspected, free of charge, and the places and times at which and the means by which a copy of the by-law may be inspected under section 287ZK; and
(e) the address of the Authority (including any electronic address) and the site of any electronic publication of information by the Authority about its operations.
Division 3—Procedure for making by-laws not using model by‑laws
S. 287ZD inserted by No. 85/2006 s. 120.
287ZD Obligation of Authorities when exercising by-law making power
In exercising a by-law making power under this Act, without using a model by-law issued by the Minister under Division 2, the Authority must comply with the procedure set out in this Division.
S. 287ZE inserted by No. 85/2006 s. 120.
287ZE Authority to give notice of proposed by‑law
(1) Before making a by-law, the Authority that proposes to make the by-law, must give notice of the proposal—
(b) in a newspaper circulating generally in the area to which the proposed by-law will apply.
(2) A notice under subsection (1) must state—
(a) the title of the proposed by-law; and
(b) the purpose and general purport of the proposed by-law; and
(c) that a copy of the proposed by-law may be inspected, free of charge, and the places at which and the means by which any such copy may be inspected under section 287ZF; and
(d) that submissions are invited on the proposed by-law; and
(e) the time within which any such submissions must be received by the Authority under section 287ZG(3); and
(f) the means by which any such submissions may be made to the Authority under section 287ZG(2).
S. 287ZF inserted by No. 85/2006 s. 120.
287ZF Inspection of proposed by-law
The Authority must ensure that the proposed by‑law—
(a) is available for inspection, free of charge, at the offices of the Authority during ordinary business hours; and
(b) is able to be inspected by means of electronic communication at the electronic address of the Authority.
S. 287ZG inserted by No. 85/2006 s. 120.
287ZG Submissions on by-laws
(1) The Authority must invite submissions on the proposed by-law in the notice under section 287ZE.
(2) Any person who is affected by the proposed by‑law may make a submission on the by‑law to the Authority in writing, whether by means of electronic communication or otherwise.
(3) A submission under subsection (2) must be received by the Authority within one month of the publication of the notice under section 287ZE(1).
S. 287ZH inserted by No. 85/2006 s. 120.
287ZH Consideration and Ministerial approval
(1) Before making the proposed by-law, the Authority must consider all submissions made on the proposed by-law within the time set out in section 287ZG(3) for the making of submissions.
(2) After considering any such submissions, the Authority may make any amendments it considers necessary to the proposed by-law.
(3) After consideration and any amendment under this section, the Authority may forward the proposed by-law to the Minister for approval for making.
(4) The Minister, on receiving a proposed by-law forwarded under subsection (3), may approve the proposed by-law for making.
S. 287ZI inserted by No. 85/2006 s. 120.
287ZI Making and giving of notice of making
(1) On the Minister approving a proposed by‑law for making under section 287ZH(4), the Authority may make the by-law.
(2) The Authority must give notice of the making of the by-law—
(b) in a newspaper circulating generally in the area in which the by-law will apply.
(3) A notice under subsection (2) must set out—
(a) the title of the by-law; and
(b) the purpose and general purport of the by‑law; and
(c) that a copy of the by-law may be inspected, free of charge, and the places and times at which and the means by which a copy of the by-law may be inspected under section 287ZK; and
(d) the address of the Authority (including any electronic address) and the site of any electronic publication of information by the Authority about its operations.
S. 287ZJ inserted by No. 85/2006 s. 120.
287ZJ Effect of by-laws
(1) A by-law made under Division 2 has no effect until notice of its making under section 287ZC is published in the Government Gazette.
(2) A by-law made under Division 3 has no effect until it is approved by the Minister and notice of its making under section 287ZI is published in the Government Gazette.
S. 287ZK inserted by No. 85/2006 s. 120.
287ZK Inspection of by-laws
(1) An Authority must ensure that a copy of any by‑law made by it—
(a) is available for inspection, free of charge, at the offices of the Authority during ordinary business hours; and
(b) is able to be inspected, free of charge, by means of electronic communication at the electronic address of the Authority.
(2) An Authority must ensure that any by-law made by it is able to be purchased, on demand, at the offices of the Authority during ordinary business hours.
S. 287ZL inserted by No. 85/2006 s. 120.
287ZL Automatic revocation of by-laws
(1) Unless sooner revoked, a by-law is by virtue of this section, revoked on the day which is 10 years after the making of the by-law.
(2) In the case of any particular by-law, the Minister may certify that the operation of the by-law that would otherwise be revoked should be extended beyond the day of revocation, if the Minister is satisfied that there are particular circumstances that make that certification reasonable.
(3) The Authority that has made a by-law to which subsection (2) applies may on the certification of the Minister under subsection (2), make a by-law under this Act extending the operation of the by‑law that is the subject of the certification for a period of no more than 12 months.
(4) The Minister must not make more than one certification under subsection (2) in relation to any particular by-law.