Structures over works
148 Structures over works
S. 148(1) amended by Nos 12/2004 s. 176(1), 48/2021 s. 90(1)(b).
Unless subsection (6) applies, a person must not, without an Authority's consent, cause or permit[28]—
any structure to be built, or any filling to be placed, on land over which—
an easement exists in favour of the Authority; or
an easement exists for water supply, sewerage or drainage purposes; or
S. 148(1)(b) substituted by No. 85/2006 s. 60.
any structure to be built, or any filling to be placed—
in the case of Melbourne Water Corporation, within 5 metres laterally of any works of Melbourne Water Corporation; or
in the case of any other Authority, within 1 metre laterally of any of the works of the Authority; or
any structure to be built above or below any area prohibited by paragraph (b); or
any soil, rock or other matter that supports, protects or covers any works of the Authority to be removed.
Penalty: For the first offence, 20 penalty units or imprisonment for 3 months;
For a subsequent offence, 40 penalty units or imprisonment for 6 months;
For a continuing offence, an additional penalty of 5 penalty units for each day on which the offence continues—
after service of a notice of contravention on the person under section 151; or
if no notice of contravention is served, after conviction of the person for the offence.
Note to S. 148(1) inserted by No. 48/2021 s. 90(1)(b).
Note
Section 297 applies to an offence against this subsection.
S. 148(1)(e)(f) repealed by No. 48/2021 s. 90(1)(a).
* * * * *
An application for the Authority's consent must be made in the manner determined by the Authority, and must be accompanied by any plans and other information that the Authority requires.
The Authority may—
refuse its consent; or
consent; or
consent subject to any terms and conditions it thinks fit.
A person who, with the consent of an Authority, causes or permits anything referred to in subsection (1) to be done must make sure that the thing is done in accordance with any terms and conditions subject to which the Authority gave its consent.
- For a first offence, 20 penalty units or imprisonment for 3 months.
For a subsequent offence, 40 penalty units or imprisonment for 6 months.
For a continuing offence, an additional penalty of 5 penalty units for each day on which the offence continues—
after service of a notice of contravention on the person under section 151; or
if no notice of contravention is served, after conviction of the person for the offence.
Note to s. 148(4) inserted by No. 48/2021 s. 90(2).
Note
Section 297 applies to an offence against this subsection.
Terms and conditions subject to which the Authority consents are binding on the successors in title of the person who applied for the consent.
S. 148(6) inserted by No. 12/2004 s. 176(2).
Subsection (1) does not apply in respect of a road authority if it is necessary for the road authority to do anything referred to in that subsection for the purpose of constructing a road or conducting maintenance or repair works on a road.
S. 148(7) inserted by No. 12/2004 s. 176(2).
For the purposes of subsection (6), the road authority is subject to any directions given to the road authority by an Authority which are reasonably necessary—
to ensure the safety of any works of the Authority; or
to prevent an interruption of the water supply.
S. 148(8) inserted by No. 12/2004 s. 176(2).
Any dispute arising between a road authority and an Authority in relation to any directions given under subsection (7) is to be determined in accordance with section 125 of the Road Management Act 2004.
S. 148(9) inserted by No. 12/2004 s. 176(2).
In this section—
road authority has the same meaning as it has in section 3(1) of the Road Management Act 2004.
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