VIC New Section 17A in Owners Corporations Act - What does it really mean?

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SarahT

Active Member
2 July 2020
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New Section 17A reads:
17A Water on common property

(1) Any rainwater or other water that falls, occurs or flows on the common property (otherwise than in a waterway or a bore) is taken to be part of the common property.

(2) For the purposes of section 8(4)(c) of the Water Act 1989 , an owners corporation is the occupier of land to the extent that the land is common property.

(3) In this section, waterway and bore have the same meanings as in section 3(1) of the Water Act 1989

Curious as to thoughts about what this means in practice - particularly as regards to S16 of the Water Act
 

Rod

Lawyer
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27 May 2014
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S.17A says the OC owns the water on common property.

S.16 is unrelated and refers to damages caused by water flows.