Victorian Consolidated Legislation

Water Act 1989 - SECT 148

Structures over works

148. Structures over works



(1) Unless subsection (6) applies, a person must not, without an Authority's
consent, cause or permit25-

   (a)  any structure to be built, or any filling to be placed, on land over
        which-

   (i)  an easement exists in favour of the Authority; or

   (ii) an easement exists for water supply, sewerage or drainage purposes; or

   (b)  any structure to be built, or any filling to be placed-

   (i)  in the case of Melbourne Water Corporation, within 5 metres laterally
        of any works of Melbourne Water Corporation; or

   (ii) in the case of any other Authority, within 1 metre laterally of any of
        the works of the Authority; or

   (c)  any structure to be built above or below any area prohibited by
        paragraph (b); or

   (d)  any soil, rock or other matter that supports, protects or covers any
        works of the Authority to be removed.

Penalty: For a first offence, 20 penalty units or imprisonment for 3 months.
For a subsequent offence, 40 penalty units or imprisonment for 6 months. For a
continuing offence, an additional penalty of 5 penalty units for each day on
which the offence continues-

   (e)  after service of a notice of contravention on the person under section
        151; or

   (f)  if no notice of contravention is served, after conviction of the
        person for the offence.

(2) An application for the Authority's consent must be made in the manner
determined by the Authority, and must be accompanied by any plans and other
information that the Authority requires.

(3) The Authority may-

   (a)  refuse its consent; or

   (b)  consent; or

   (c)  consent subject to any terms and conditions it thinks fit.

(4) A person who, with the consent of an Authority, causes or permits anything
referred to in subsection (1) to be done must make sure that the thing is done
in accordance with any terms and conditions subject to which the Authority
gave its consent.

Penalty: For a first offence, 20 penalty units or imprisonment for 3 months.
For a subsequent offence, 40 penalty units or imprisonment for 6 months. For a
continuing offence, an additional penalty of 5 penalty units for each day on
which the offence continues-

   (a)  after service of a notice of contravention on the person under section
        151; or

   (b)  if no notice of contravention is served, after conviction of the
        person for the offence.

(5) Terms and conditions subject to which the Authority consents are binding
on the successors in title of the person who applied for the consent.

(6) Subsection (1) does not apply in respect of a road authority if it is
necessary for the road authority to do anything referred to in that subsection
for the purpose of constructing a road or conducting maintenance or repair
works on a road.

(7) For the purposes of subsection (6), the road authority is subject to any
directions given to the road authority by an Authority which are reasonably
necessary-

   (a)  to ensure the safety of any works of the Authority; or

   (b)  to prevent an interruption of the water supply.

(8) Any dispute arising between a road authority and an Authority in relation
to any directions given under subsection (7) is to be determined in accordance
with section 125 of the Road Management Act 2004.

(9) In this section-

road authority has the same meaning as it has in section 3(1) of the
Road Management Act 2004.