Victorian Consolidated Legislation

Conservation, Forests and Lands Act 1987 - SECT 81

Offences by third parties

81. Offences by third parties



(1) If an agreement prohibits a land owner from doing an act of a kind
specified in the agreement, a person who is not a party to the agreement must
not do the act so prohibited, while the agreement is in force.

Penalty: 5 penalty units.

(2) In proceedings for an offence under sub-section (1) it is a defence if the
person charged proves-

   (a)  that-

   (i)  in respect of the agreement there has been a contravention of a
        provision of section 80; and

   (ii) the person did not know of the existence of the agreement; or

   (b)  the act alleged to constitute the offence was expressly authorised by
        or under an Act.