Offence to construct, remove, alter, or carry out maintenance on, a levee on certain Crown land
190A Offence to construct, remove, alter, or carry out maintenance on, a levee on certain Crown land
S. 190A inserted by No. 53/2014 s. 11.
A person must not—
construct, remove or alter a levee on Crown land; or
carry out maintenance on a levee on Crown land.
Penalty: Level 8 imprisonment (12 months maximum) or a level 8 fine (120 penalty units maximum) or both.
Subsection (1)(a) and (b) do not apply to a person if the person constructs, removes, alters, or carries out maintenance on, a levee—
in the performance of a function under this Act or the regulations; or
that the person is authorised under this Act or the regulations to construct, remove, alter or carry out maintenance on in the performance of a function under another Act or regulations made under another Act.
S. 190A(2A) inserted by No. 43/2015 s. 37.
Subsection (1)(a) does not apply to a person if the person constructs, removes or alters a levee in accordance with section 32AC of the Victoria State Emergency Service Act 2005.
Subsection (1)(b) does not apply to a person if the person carries out maintenance on a levee under and in accordance with a levee maintenance permit.
In this section—
Crown land does not include—
land reserved under the Crown Land (Reserves) Act 1978; or
reserved forest within the meaning of the Forests Act 1958; or
a park within the meaning of the National Parks Act 1975 or any land that is described in Schedule Four to that Act; or
a State Wildlife Reserve or a Nature Reserve within the meaning of the Wildlife Act 1975;
levee has the same meaning as in Part 5AA of the Water Act 1989;
levee maintenance permit has the same meaning as in the Water Act 1989;
maintenance has the same meaning as in Part 5AA of the Water Act 1989.
This provision refers to the regulations (the regulations
). Made under this Act:
- Land (Regulated Watercourse Land) Regulations 2021 · under section 413
- Land Regulations 2016 · under section 413
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