Victorian Current Acts Victorian Current ActsS. 171(1) amended by No. 85/2006 s. 69(1).
(1) An Authority may, in accordance with section 160, make by-laws for or with respect to—
(a) regulating, restricting or prohibiting the use of water, either generally or for any specific purpose; and
(b) providing for the publication of notices announcing any restrictions or prohibitions; and
S. 171(1)(ba) inserted by No. 85/2006 s. 69(2).
(ba) prescribing offences, in respect of contravention of restrictions or prohibitions, set out in 4 stages, on the use of water in the whole or any part of the district of the Authority, for which an infringement notice may be served; and
S. 171(1)(bb) inserted by No. 85/2006 s. 69(2).
(bb) the infringement penalties for any offence for which an infringement notice may be served; and
S. 171(1)(bc) inserted by No. 85/2006 s. 69(2), repealed by No. 23/2019 s. 72.
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S. 171(1)(c)(d) repealed by No. 23/2019 s. 72.
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(e) prohibiting any act which could cause wastage of water; and
(f) regulating or prohibiting any activity that—
(i) is carried out within 40 metres of works or waterways forming part of the Authority's water supply system; and
(ii) may affect that system; and
(g) prohibiting people who are not entitled to water supply from using water from the Authority's works; and
(h) regulating or prohibiting the access to or use of land and works under the management and control of the Authority; and
(i) regulating the use of water for fire-fighting purposes; and
(j) any other matter or thing for which it is necessary or convenient for the Authority to make by-laws.
S. 171(2) inserted by No. 90/2003 s. 5.
(2) A penalty imposed for a contravention of a by-law made under subsection (1)(a) must not exceed—
(a) for a first offence, 40 penalty units or imprisonment for 3 months; and
(b) for a subsequent offence, 80 penalty units or imprisonment for 6 months—
and, in the case of a continuing contravention, an additional penalty not exceeding 5 penalty units for each day on which the offence continues (up to a maximum of 20 additional penalty units)—
(c) after service of a notice of contravention on the person under section 151 ; or
(d) if no notice of contravention is served, after conviction of the person for the offence.
S. 171(3) inserted by No. 85/2006 s. 69(3).
(3) An infringement penalty imposed for a contravention of an offence for which an infringement notice may be served under a by-law made under subsection (1)(ba) must not exceed—
S. 171(3)(a) amended by No. 17/2012 s. 33(a).
(a) for an offence in respect of the first stage of restrictions or prohibitions (however described) on the use of water, 2 penalty units;
S. 171(3)(b) amended by No. 17/2012 s. 33(b).
(b) for an offence in respect of the second stage of restrictions or prohibitions (however described) on the use of water, 3 penalty units;
S. 171(3)(c) amended by No. 17/2012 s. 33(c).
(c) for an offence in respect of the third stage of restrictions or prohibitions (however described) on the use of water, 4 penalty units;
S. 171(3)(d) amended by No. 17/2012 s. 33(d).
(d) for an offence in respect of the fourth stage of restrictions or prohibitions (however described) on the use of water, 5 penalty units.
S. 171(4) inserted by No. 29/2007 s. 17.
(4) An offence referred to in subsection (1)(ba), for which an infringement notice may be served, is an infringement offence within the meaning of the Infringements Act 2006 .
S. 171A inserted by No. 48/2002 s. 75, amended by No.
85/2006 s. 70,
repealed by No. 1/2010 s. 93.
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Pt 8 Div. 2 (Heading and ss 171B– 171I) inserted by No. 85/2006 s. 71.
Division 2—Melbourne Water Corporation
S. 171B inserted by No. 85/2006 s. 71.