Victorian Current Acts Victorian Current Acts(1) A person must not—
(a) construct, remove or alter a levee within a specified area; or
(b) carry out maintenance on a levee within a specified area.
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. 44B(2A) inserted by No. 43/2015 s. 38(2).
(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 ;
"specified area" means a park or any land that is described in Schedule Four.