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WILDLIFE ACT 1975 - SECT 21AAA Offence to construct, remove, alter, or carry out maintenance on, a levee within a State Wildlife Reserve or Nature Reserve

WILDLIFE ACT 1975 - SECT 21AAA

Offence to construct, remove, alter, or carry out maintenance on, a levee within a State Wildlife Reserve or Nature Reserve

    (1)     A person must not—

        (a)     construct, remove or alter a levee within a State Wildlife Reserve or a Nature Reserve; or

        (b)     carry out maintenance on a levee within a State Wildlife Reserve or a Nature Reserve.

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. 21AAA(2A) inserted by No. 43/2015 s. 40.

    (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—

"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 .

S. 21AA inserted by No. 46/2012 s. 23.