s. s. 44 44 * * * * * S. 44(3) repealed by No. 86/1993 s. 25(e). (4) A consent under subsection (1) or (2)— S. 44(4) amended by No. 86/1993 (a) must not be unreasonably withheld; and s. 25(f). (b) may be granted subject to conditions. (5) A person or body whose consent is sought under S. 44(5) amended by subsection (1) or (2) must, within 28 days (or any No. 86/1993 longer period allowed by the Minister) after the s. 25(f)(g). consent being sought, grant that consent (whether subject to conditions or not) or refuse to consent. (6) A person or body that does not comply with S. 44(6) substituted by subsection (5) in relation to any land is deemed to No. 82/2000 have given the consent sought. s. 44(2). (7) A person or body that refuses to consent under S. 44(7) amended by subsection (1) or (2) must, within 7 days after the No. 86/1993 decision to refuse, give the licensee a statement in s. 25(f). writing of the reasons for the decision. (8) A licensee may only do work under the licence at S. 44(8) amended by a depth of more than 0·75 metres below any land No. 82/2000 that is within 100 metres of— s. 44(1). (a) a waterway that is owned by, vested in or managed or controlled by the Melbourne and Metropolitan Board of Works or an Authority under the Water Act 1989; or (b) any main drains, sewers, aqueducts, channels or pipelines of that Board or such an Authority— after consultation with the Board or Authority and in compliance with any conditions specified by the Board or Authority.
S. 44(3) repealed by No. 86/1993 s. 25(e). * * * * * S. 44(4) amended by No. 86/1993 s. 25(f). (4) A consent under subsection (1) or (2)— (a) must not be unreasonably withheld; and (b) may be granted subject to conditions. S. 44(5) amended by No. 86/1993 s. 25(f)(g). (5) A person or body whose consent is sought under subsection (1) or (2) must, within 28 days (or any longer period allowed by the Minister) after the consent being sought, grant that consent (whether subject to conditions or not) or refuse to consent. s. 44 S. 44(6) substituted by No. 82/2000 s. 44(2). (6) A person or body that does not comply with subsection (5) in relation to any land is deemed to have given the consent sought. S. 44(7) amended by No. 86/1993 s. 25(f). (7) A person or body that refuses to consent under subsection (1) or (2) must, within 7 days after the decision to refuse, give the licensee a statement in writing of the reasons for the decision. S. 44(8) amended by No. 82/2000 s. 44(1). (8) A licensee may only do work under the licence at a depth of more than 0·75 metres below any land that is within 100 metres of— (a) a waterway that is owned by, vested in or managed or controlled by the Melbourne and Metropolitan Board of Works or an Authority under the Water Act 1989; or (b) any main drains, sewers, aqueducts, channels or pipelines of that Board or such an Authority— s. 44 after consultation with the Board or Authority and in compliance with any conditions specified by the Board or Authority.
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