Offence to construct, remove, alter, or carry out maintenance on, a levee within specified areas
44B Offence to construct, remove, alter, or carry out maintenance on, a levee within specified areas
S. 44B inserted by No. 53/2014 s. 13.
A person must not—
construct, remove or alter a levee within a specified area; or
carry out maintenance on a levee within a specified area.
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. 44B(2A) inserted by No. 43/2015 s. 38(2).
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—
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;
specified area means a park or any land that is described in Schedule Four.
This provision refers to the regulations (the regulations
). Made under this Act:
- National Parks (Cape Otway Lightstation Precinct Fee) Regulations 2025 · under section 48
- National Parks Regulations 2024 · under sections 32AA, 37 and 48
This Act’s bill:Second reading speech
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