Victorian Numbered Acts

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ROAD MANAGEMENT ACT 2004 (NO 12 OF 2004) - SECT 176

Section 148 of the Water Act 1989 amended

    (1)     In section 148(1) of the Water Act 1989 , for "A" substitute "Unless sub-section (6) applies, a".

    (2)     After section 148(5) of the Water Act 1989 insert

    '(6)     Sub-section (1) does not apply in respect of a road authority if it is necessary for the road authority to do anything referred to in that sub-section for the purpose of constructing a road or conducting maintenance or repair works on a road.

    (7)     For the purposes of sub-section (6), the road authority is subject to any directions given to the road authority by an Authority which are reasonably necessary—

        (a)     to ensure the safety of any works of the Authority; or

        (b)     to prevent an interruption of the water supply.

    (8)     Any dispute arising between a road authority and an Authority in relation to any directions given under sub-section (7) is to be determined in accordance with section 125 of the Road Management Act 2004 .

    (9)     In this section—

"road authority" has the same meaning as it has in section 3(1) of the Road Management Act 2004 .'.



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