Works that interfere with designated land or works
194 Works that interfere with designated land or works
S. 194(1) amended by Nos 121/1994 s. 190(7), 56/1995 s. 66(4), 17/2012 s. 37(1), substituted by No. 23/2019 s. 79(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—
land, works or water being seriously damaged; or
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.
Note to s. 194(1) inserted by No. 48/2021 s. 95(1).
Note
Section 297 applies to an offence against this subsection.
S. 194(1A) inserted by No. 23/2019 s. 79(1).
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—
land, works or water being seriously damaged; or
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.
Note to s. 194(1A) inserted by No. 48/2021 s. 95(2).
Note
Section 297 applies to an offence against this subsection.
S. 194(1B) inserted by No. 23/2019 s. 79(1).
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.
Note to s. 194(1B) inserted by No. 48/2021 s. 95(3).
Note
Section 297 applies to an offence against this subsection.
S. 194(1C) inserted by No. 23/2019 s. 79(1).
Subsections (1), (1A) and (1B) do not apply to the holder of a declared bulk entitlement or a public statutory authority.
S. 194(2) amended by Nos 121/1994 s. 190(8), 56/1995 s. 66(5), 17/2012 s. 37(2), 23/2019 s. 79(2).
A holder of a declared bulk entitlement or public statutory body that intends to undertake any regulated action must, before undertaking the regulated action, notify the Authority of its intention and take into account any comments made by the Authority.
S. 194(3) amended by Nos 121/1994 s. 190(9), 56/1995 s. 66(5), 17/2012 s. 37(3), 23/2019 s. 79(3).
Section 154 applies to any dispute that arises between a holder of a declared bulk entitlement or public statutory body and an Authority over the undertaking of any regulated action as if that dispute were over a notice under section 152 or 153.
S. 194(4) inserted by No. 121/1994 s. 190(10), repealed by No. 66/2000 s. 29(1), new s. 194(4) inserted by No. 23/2019 s. 79(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.
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