84ZRights of review

84Z Rights of review (1) A person whose interests are affected by a decision of a recording body under section 84Y may apply to VCAT for review of the decision. (2) An application for review under subsection (1) must be lodged with VCAT within 28 days after— (b) if, under section 45 of 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. 84ZA inserted by No. 99/2005 s. 57. 84ZA Searching the water register (1) A person may apply to a recording body for information or records from the part of the water register for which that body is responsible. (2) An application under this section must be accompanied by— (a) in the case of an application to the Registrar or the Minister, the relevant prescribed fee (if any); or (b) in the case of an application to an Authority, the relevant fee (if any) fixed by the Authority. (3) On receiving an application under this section, a recording body may search the part of the water register for which it is responsible and provide the information or records to the applicant in any manner permitted by the system. (4) A recording body may provide information or records under this section in relation to— (a) current information or records in the water register maintained by a recording body; (b) other non-current information or records in the water register maintained by a recording body; (c) documents or images of documents in the water register maintained by a recording body; (d) any other prescribed information or records in the water register maintained by a recording body; (e) a combination of the matters referred to in paragraphs (a) to (d). Division 7—Corrections and amendment of water register S. 84ZB inserted by No. 99/2005 s. 57. 84ZB Correction and amendment of water register (1) A recording body, if satisfied that it is necessary to do so to reflect the current status of a record or information, may correct or amend the part of the water register for which that body is responsible— (a) to correct any error in a recording; or (b) to amend any recording; or (c) to delete or cancel any recording. (2) A recording body must correct or amend the part of the water register for which it is responsible if required to do so— (a) by a court or tribunal; or (b) by virtue of this Act or any other Act. (3) A recording body may correct or amend the part of the water register for which it is responsible by— (a) adding, cancelling or deleting a recording; or (b) adding, altering or deleting particulars or details contained in a recording; or (c) recording details of any change in the name or address of any person in respect of whom the matter recorded in the water register relates. (4) A recording body— (a) may correct the water register on the body's own initiative; or (b) may correct or amend the water register on the application of a person in the approved form accompanied by— (i) the prescribed fee (if any); or (ii) in the case of an Authority, the fee fixed by the Authority (if any); or S. 84ZB(4)(c) amended by No. 85/2006 s. 52. (c) may correct or amend the water register as a consequence of the Minister exercising a power under section 33AAB. S. 84ZC inserted by No. 99/2005 s. 57. 84ZC Notification of parties If a recording body corrects a part of the water register under section 84ZB(4)(a) in relation to a substantial error affecting a person's recorded interest, the body must notify each person who is recorded in the water register as having an interest in the matter in respect of which the correction has been made. Division 8—General S. 84ZD inserted by No. 99/2005 s. 57. 84ZD Power to require statutory declarations A recording body may require that information be given by statutory declaration. S. 84ZE inserted by No. 99/2005 s. 57. 84ZE Recording body may require proof of identity (1) A recording body may require a person who requests the recording of any matter in the water register or the approval of any matter for recording in the water register to provide any proof of identity of a person that the recording body considers sufficient to establish that person's identity. (2) A recording body is not required to make a recording in the water register or approve any matter for recording in the water register if the recording body is not satisfied as to the identity of any person by or on behalf of whom any document relating to that matter was executed. (3) A recording body may require or permit the identity of a person to be verified by a person or class of persons approved as a verifier for the purposes of this section. (4) A recording body, by notice published in the Government Gazette, may approve— (a) a person or class of persons as a verifier or verifiers for the purposes of this section; or (b) standards of proof of identity that the recording body considers sufficient for the purposes of this section. S. 84ZF inserted by No. 99/2005 s. 57. 84ZF Recording body may require production of documents (1) Before making a recording in the water register, a recording body may require a person to submit any documents related to a recording or give any information related to a recording for the purposes of enabling any matter to be recorded in the part of the water register for which that body is responsible. (2) If any information or document required by a recording body under this section is withheld or not complied with, the recording body— (a) may refuse to make the recording until the relevant information or document is produced or complied with; or (b) if the relevant information or document is not produced or complied with and the recording is not made, may— (i) return any documents or information that have been submitted to the responsible body to the person requesting the recording; and (ii) retain any fee that has been paid by the person requesting the recording. (3) A recording body, at that body's discretion, may dispense with the submission or production of any document or information. S. 84ZG inserted by No. 99/2005 s. 57, amended by No. 32/2010 s. 62. 84ZG Monetary consideration to be stated in transfer Any— S. 84ZG(a) amended by No. 85/2006 s. 53. (a) transfer of ownership of a water share under section 33S; and (b) limited term transfer— must state whether or not the transfer is for monetary consideration and, if the transfer is for monetary consideration, must state the monetary consideration in relation to the transfer. S. 84ZH (Heading) substituted by No. 32/2010 s. 63(1). S. 84ZH inserted by No. 99/2005 s. 57. 84ZH Method of giving of notices S. 84ZH(1) amended by No. 32/2010 s. 63(2)(a). (1) A notice under this Part may be given— S. 84ZH(1)(a) substituted by No. 32/2010 s. 63(2)(b). (a) by being sent by letter posted to the person concerned at the address of the person recorded in the water register, which may be a post office box; or (b) by facsimile, e-mail or other electronic means of communication; or S. 84ZH(1)(c) amended by No. 32/2010 s. 63(2)(c). (c) at that person's last known place of residence or business. S. 84ZH(2) repealed by No. 32/2010 s. 63(3). (3) A recording body may cause a copy of any notice sent by the recording body to be filed with a memorandum that it was so sent and the memorandum is sufficient proof that the notice was duly sent. S. 84ZH(4) amended by No. 32/2010 s. 63(4). (4) If a notice is sent by letter posted to any person at the address recorded in the water register under subsection (1)(a) and the letter is returned by the post office, a recording body may, if it thinks fit— (a) direct any further notice to be given; or (b) direct substituted service; or (c) proceed without notice. S. 84ZH(5) repealed by No. 32/2010 s. 63(5). S. 84ZI inserted by No. 99/2005 s. 57. 84ZI Approved forms (1) A recording body may approve forms for the purposes of this Part in relation to those parts of the water register for which that body is responsible. (2) A recording body must ensure that approved forms are available— (a) at the office of the recording body; and (b) on the Internet. S. 84ZJ inserted by No. 99/2005 s. 57. 84ZJ Power to remit fees In appropriate cases, a recording body may remit to a person the whole or part of a fee paid or payable under this Part and the Consolidated Fund is hereby appropriated accordingly. Division 9—Offences and enforcement S. 84ZK inserted by No. 99/2005 s. 57. 84ZK Certificates and evidentiary effect (1) For the purposes of proceedings in any court or tribunal, a recording body may issue a certificate under that body's signature or seal (as the case requires) certifying as to any matter— (a) that is recorded in the part of the water register for which that body is responsible; or (b) that can be ascertained from— (i) the part of the water register for which that body is responsible; or (ii) any other records or information maintained by that recording body. (2) All courts and persons acting judicially must take judicial notice of a recording body's signature or seal (as the case requires) on a certificate issued under subsection (1) and, until the contrary is proved, must presume that it was duly signed or sealed. (3) In any proceedings, a certificate issued under subsection (1) purporting to be signed or sealed (as the case requires) by a recording body is evidence and, in the absence of evidence to the contrary, is proof, of the matters specified in the certificate. S. 84ZL inserted by No. 99/2005 s. 57. 84ZL False or misleading information A person must not knowingly give false or misleading information— (a) in any document lodged with or provided to a recording body under this Part; or (b) in relation to a recording in the water register. 1. 60 penalty units or imprisonment for 6 months. S. 84ZM inserted by No. 99/2005 s. 57. 84ZM Making false entries etc. in water register A person must not knowingly make, or cause to be made— (a) a false recording in the water register; or (b) a recording or an alteration, cancellation or deletion of a recording in the water register without— (i) the authority of the Registrar; or (ii) being otherwise authorised to do so. 1. 60 penalty units or imprisonment for 6 months. Pt 6 (Heading and ss 85–122) substituted.[[23]](#endnote-24)