Victorian Consolidated Legislation

Water Act 1989 - SECT 33E

Offence to take water without authorisation

33E. Offence to take water without authorisation



(1) A person must not take water from-

   (a)  a waterway (including the River Murray); or

   (b)  an aquifer; or

   (c)  a spring or soak; or

   (d)  a dam (to the extent that it is not rainwater supplied to the dam from
        the roof of a building or water supplied to the dam from a waterway or
        a bore)-

in a declared water system unless that person is authorised to do so under a
water share. Penalty: For a first offence, 60 penalty units or imprisonment
for 6 months; For a second or subsequent offence, 120 penalty units or
imprisonment for 12 months.

(2) Subsection (1) does not apply to-

   (a)  water taken from a spring, soak or dam for domestic and stock use; or

   (b)  water taken under any other authorisation to do so by or under this or
        any other Act.







Division 2-Issuing and nature of water share