Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2019 (NO. 23 OF 2019) - SECT 79

Works that interfere with designated land or works

    (1)     For section 194(1) of the Principal Act substitute

    "(1)     A person must not knowingly cause or permit a regulated action to be undertaken within an Authority's waterway management district, without the consent of the Authority or another authorisation under this Act, being an action 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.

    (1A)     A person must not recklessly cause or permit a regulated action to be undertaken within an Authority's waterway management district, without the consent of the Authority or another authorisation under this Act, being an action 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.

    (1B)     A person must not cause or permit a regulated action to be undertaken within an Authority's waterway management district, without the consent of the Authority or another authorisation under this Act.

Penalty:     For an individual, 240 penalty units;

For a body corporate, 1200 penalty units.

    (1C)     Subsections (1), (1A) and (1B) do not apply to the holder of a declared bulk entitlement or a public statutory authority.".

    (2)     In section 194(2) of the Principal Act—

        (a)     for "works of a kind referred to in subsection (1)" substitute "any regulated action";

        (b)     for "the works" substitute "the regulated action".

    (3)     In section 194(3) of the Principal Act, for "works of a kind referred to in subsection (1)" substitute "any regulated action".

    (4)     After section 194(3) of the Principal Act insert

    "(4)     In this section—

"regulated action" means any work or works which interfere, or are likely to interfere, with designated land or works or the quality, quantity or flow of water in designated land or works.".



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback