Victorian Numbered Acts

WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2019 (NO. 23 OF 2019) - SECT 60

After section 145 of the Principal Act insert —

        " 145A     Offences as to connections and discharges without consent

    (1)     A person must not knowingly cause or permit—

        (a)     the connection of any works to the works of an Authority; or

        (b)     the alteration or removal of any works that are connected to the works of an Authority—

without the consent of the Authority under section 145, being a connection, alteration or removal that results in—

        (c)     land, works or water being seriously damaged; or

        (d)     another person suffering substantial economic loss.

Penalty:     For an individual, 10 years imprisonment or 1200 penalty units or both;

For a body corporate, 6000 penalty units.

    (2)     A person must not recklessly cause or permit—

        (a)     the connection of any works to the works of an Authority; or

        (b)     the alteration or removal of any works that are connected to the works of an Authority—

without the consent of the Authority under section 145, being a connection, alteration or removal that results in—

        (c)     land, works or water being seriously damaged; or

        (d)     another person suffering substantial economic loss.

Penalty:     For an individual, 5 years imprisonment or 600 penalty units or both;

For a body corporate, 3000 penalty units.

    (3)     A person must not cause or permit—

        (a)     the connection of any works to the works of an Authority, without the consent of the Authority under section 145; or

        (b)     the alteration or removal of any works that are connected to the works of an Authority, without the consent of the Authority under section 145.

Penalty:     For an individual, 120 penalty units;

For a body corporate, 600 penalty units.

    (4)     A person must not knowingly cause or permit anything to be discharged into the works of an Authority, without the consent of the Authority under section 145, being a discharge that results in—

        (a)     land, works or water being seriously damaged; or

        (b)     another person suffering substantial economic loss.

Penalty:     For an individual, 10 years imprisonment or 1200 penalty units or both;

For a body corporate, 6000 penalty units.

    (5)     A person must not recklessly cause or permit anything to be discharged into the works of an Authority, without the consent of the Authority under section 145, being a discharge that results in—

        (a)     land, works or water being seriously damaged; or

        (b)     another person suffering substantial economic loss.

Penalty:     For an individual, 5 years imprisonment or 600 penalty units or both;

For a body corporate, 3000 penalty units.

    (6)     A person must not cause or permit anything to be discharged into the works of an Authority without the consent of the Authority under section 145.

Penalty:     For an individual, 120 penalty units;

For a body corporate, 600 penalty units.".