LAND ACT 1958 - SECT 190A Offence to construct, remove, alter, or carry out maintenance on, a levee on certain Crown land
LAND ACT 1958 - SECT 190A
Offence to construct, remove, alter, or carry out maintenance on, a levee on certain Crown land(1) A person must not—
(a) construct, remove or alter a levee on Crown land; or
(b) carry out maintenance on a levee on Crown land.
Penalty: Level 8 imprisonment (12 months maximum) or a level 8 fine (120 penalty units maximum) or both.
(2) Subsection (1)(a) and (b) do not apply to a person if the person constructs, removes, alters, or carries out maintenance on, a levee—
(a) in the performance of a function under this Act or the regulations; or
(b) 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. 190A(2A) inserted by No. 43/2015 s. 37.
(2A) 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 .
(3) 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.
(4) In this section—
"Crown land" does not include—
(a) land reserved under the Crown Land (Reserves) Act 1978 ; or
(b) reserved forest within the meaning of the Forests Act 1958 ; or
(c) a park within the meaning of the National Parks Act 1975 or any land that is described in Schedule Four to that Act; or
(d) a State Wildlife Reserve or a Nature Reserve within the meaning of the Wildlife Act 1975 ;
"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 .
No. 3709 s. 154.
S. 191 amended by Nos 7228 s. 7(Sch. 4 Pt 19(ja)), 7548 s. 6(d), 10/2004 s. 15(Sch. 1 item 14.10), 53/2014 s. 12 (ILA s. 39B(1)).