LAND ACT 1958 - SECT 149 Offences
LAND ACT 1958 - SECT 149
Offences(1) A person must not use or occupy land referred to in section 143(1) for a purpose relating to apiculture unless authorised to do so under any of the following—
(a) a bee site licence;
(b) a licence or right referred to in section 417, 418 or 419;
(c) a licence granted under section 17 or 17B of the Crown Land (Reserves) Act 1978 —
(i) by a trustee or a committee of management (other than Parks Victoria); or
S. 149(1)(c)(ii) amended by No. 42/2021 s. 96.
(ii) by Parks Victoria or the Great Ocean Road Coast and Parks Authority as committee of management or the Secretary, which is continued in force by section 17I of that Act;
(d) a licence or permit granted
under section 52(1) of the Forests Act 1958
which is continued in force
by section 104
of that Act;
(e) a permit granted under section
21(1)(b)
of the National Parks Act 1975 which
is continued in force by clause
26 of
Schedule One AA to that Act;
(f) a licence granted under section 16(2)(a) of the Wildlife Act 1975 which is continued in force by section 106 of that Act.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(2) A person must not use or occupy the following land for a purpose relating to apiculture—
(a) a wilderness park described in Schedule Two A to the National Parks Act 1975 ;
(b) a wilderness zone described in Schedule Five to the National Parks Act 1975 ;
(c) a natural catchment area described in Schedule 2 to the Heritage Rivers Act 1992 ;
(d) a reference area proclaimed under the Reference Areas Act 1978 ;
S. 149(2)(e) substituted by No. 19/2018 s. 150.
(e) land which is subject to an accepted recommendation—
(i) recommending that the land be a reference area under the Reference Areas Act 1978 ; and
(ii) that has been wholly accepted by Government or partly accepted if that partial acceptance includes the recommendation that the land be a reference area.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(3) A bee site licensee must not use or occupy land referred to in section 143(1) in a manner that contravenes the licensee's bee site licence.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(4) In this section, a person uses or occupies land for a purpose relating to apiculture if—
(a) the person places or keeps hives on the land; or
(b) the person permits the person's bees to forage over the land for nectar or pollen.
Heading preceding s. 150 repealed by No. 40/2020 s. 44.
Ss 150, 151 substituted by No. 9212 s. 2(2), repealed by No. 40/2020 s. 45.
* * * * *
Pt 1 Div. 9 Subdiv. 3 (Heading) inserted by No. 10011 s. 14, amended by No. 90/1989 s. 9(a).
Pt 1 Div. 9 Subdiv. 3 (s. 151AA) inserted by No. 10011 s. 14.
Subdivision 3—Grant of leaseholds
S. 151AA inserted by No. 10011 s. 14.