4Power to declare lake, lagoon, swamp or marsh

4 Power to declare lake, lagoon, swamp or marsh (1) The Governor in Council may on the recommendation of the Minister, by Order published in the Government Gazette, declare a collection of water (other than water collected and contained in a private dam or a natural depression on private land) to be a lake, lagoon, swamp or marsh. (2) The Minister must not recommend to the Governor in Council the making of a declaration under subsection (1) unless— (a) the Minister is satisfied that— (i) the declaration has been applied for by a person who, if the collection of water was a lake, lagoon, swamp or marsh, would have the right to take and use water from it under section 8(1); and (ii) the applicant has caused notice of the application to be published in a newspaper circulating generally in the area in which the water is situated; and (iii) the applicant has caused notice of the application to be given or sent by post to— (A) the owner and occupier of the land on which the water is situated; and (B) the council in whose municipal district the water is situated; and (C) the responsible authority in relation to a planning scheme for the area in which the water is situated; and (b) the Minister has considered any submissions made on the application within the period of 60 days after the publication or giving of notice of the application under paragraph (a)(ii) or (a)(iii), whichever is the later. (3) The Minister may require further information with respect to an application to be provided by the applicant or an Authority. (4) The Governor in Council may on the recommendation of the Minister, by Order published in the Government Gazette at the same time as a declaration under subsection (1), require a person who— (a) owns land on which the declared collection of water is situated; or (b) who will benefit from the declaration— to pay the amount of compensation specified in the Order to another person who— (c) owns land on which the declared collection of water is situated; or (d) will suffer detriment from the declaration. (5) A copy of an Order made under subsection (4) must be given or sent by post to any Authority or person affected by the Order. S. 4(6) substituted by No. 52/1998 s. 311(Sch. 1 item 105.2). (6) A person whose interests are affected by a decision of the Governor in Council to make an Order under subsection (1) or (4) may apply to the Tribunal for review of the decision. S. 4(7) inserted by No. 52/1998 s. 311(Sch. 1 item 105.2). (7) An application for review must be made within 28 days after the later of— (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 4A inserted by No. 99/2005 s. 4.