Victorian Current Acts

WATER ACT 1989 - SECT 289C

    (1)     An authorised water officer may serve an infringement notice on a person whom the officer has reason to believe has contravened section 289(3) if the person—

        (a)     was not authorised to take, use or divert water by the consent of the Authority or under another authorisation under this or any other Act; and

        (b)     took, used or diverted an amount of water equal to, or less than, 10 megalitres.

    (2)     An authorised water officer may serve an infringement notice on a person whom the officer has reason to believe has contravened section 289(3) if the person—

        (a)     was authorised to take, use or divert a specified amount of water by the consent of the Authority or under another authorisation under this or any other Act (the authorised amount ); and

        (b)     took, used or diverted an amount of water in addition to the authorised amount and the amount of that additional water—

              (i)     was an amount equal to, or less than, 20% of the authorised amount; and

              (ii)     was an amount equal to, or less than, 10 megalitres.

    (3)     An authorised water officer may serve an infringement notice on a person whom the officer has reason to believe has contravened section 289B(3) if the person—

        (a)     did not have the consent of the Authority and was not authorised under this or any other Act to interfere with the flow of water in any waterway, aquifer or works under the control and management of an Authority; and

        (b)     interfered with the flow of water by taking or diverting an amount of water equal to, or less than, 10 megalitres.

    (4)     An authorised water officer may serve an infringement notice on a person whom the officer has reason to believe has contravened section 289B(3) if the person—

        (a)     had the consent of the Authority or held an authorisation under this or any other Act to interfere with the flow of water in any waterway, aquifer or works under the control and management of the Authority and that consent or authorisation authorised the taking or diverting of a specified amount of water (the authorised amount ); and

        (b)     interfered with the flow of water by taking or diverting an amount of water in addition to the authorised amount and that additional water was an amount equal to or less than 20% of the authorised amount.

S. 290 amended by No. 121/1994 s. 189(4)(a).