Victorian Current Acts

WATER ACT 1989 - SECT 171H

    (1)     Melbourne Water Corporation 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

        (c)     prescribing ways of measuring water supply by meter or other measuring device, including ways of calculating water use by reading a meter after the ending of the charging period; and

        (d)     prescribing ways of determining the quantity of water supplied to land, other than by a meter or other measuring device; and

        (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 Melbourne Water Corporation'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 Melbourne Water Corporation's works; and

        (h)     regulating or prohibiting the access to or use of land and works under the management and control of Melbourne Water Corporation; 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 Melbourne Water Corporation to make by-laws.

    (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 171F; or

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

S. 171I inserted by No. 85/2006 s. 71,
repealed by No. 1/2010 s. 93, new  s. 171I inserted by No. 49/2017 s. 95.