Victorian Current Acts Victorian Current ActsS. 195(1) amended by Nos 121/1994 s. 190(11), 17/2012 s. 38(1), substituted by No. 23/2019 s. 80(1).
(1) A person must not knowingly cause or permit a regulated drainage activity to be carried out within an Authority's waterway management district, without the consent of the Authority, being an activity that results in—
(a) land, works or water being seriously damaged; or
(b) another person suffering substantial economic loss.
Penalty: For an individual, 10 years imprisonment or 1200 penalty units or both;
For a body corporate, 6000 penalty units.
Note to s. 195(1) inserted by No. 48/2021 s. 96(1).
Note
Section 297 applies to an offence against this subsection.
S. 195(1A) inserted by No. 23/2019 s. 80(1).
(1A) A person must not recklessly cause or permit a regulated drainage activity to be carried out within an Authority's waterway management district, without the consent of the Authority, being an activity that results in—
(a) land, works or water being seriously damaged; or
(b) another person suffering substantial economic loss.
Penalty: For an individual, 5 years imprisonment or 600 penalty units or both;
For a body corporate, 3000 penalty units.
Note to s. 195(1A) inserted by No. 48/2021 s. 96(2).
Note
Section 297 applies to an offence against this subsection.
S. 195(1B) inserted by No. 23/2019 s. 80(1).
(1B) A person must not cause or permit a regulated drainage activity to be carried out within an Authority's waterway management district, without the consent of the Authority.
Penalty: For an individual, 240 penalty units;
For a body corporate, 1200 penalty units.
Note to s. 195(1B) inserted by No. 48/2021 s. 96(3).
Note
Section 297 applies to an offence against this subsection.
S. 195(1C) inserted by No. 23/2019 s. 80(1).
(1C) Subsections (1), (1A) and (1B) do not apply to a public statutory authority.
S. 195(2) amended by Nos 121/1994 s. 190(12), 17/2012 s. 38(2), 23/2019 s. 80(2).
(2) A public statutory body that intends to do any regulated drainage activity must, before doing it, notify the Authority of its intention and take into account any comments made by the Authority.
S. 195(3) amended by Nos 121/1994 s. 190(13), 17/2012 s. 38(3), 23/2019 s. 80(3).
(3) Section 154 applies to any dispute that arises between a public statutory body and an Authority over the doing of any regulated drainage activity as if that dispute were over a notice under section 152 or 153.
S. 195(4) inserted by No. 121/1994 s. 190(14), repealed by No. 66/2000 s. 29(2), new s. 195(4) inserted by No. 23/2019 s. 80(4).
(4) In this section—
"regulated drainage activity" means any of the following—
(a) any connection of any drainage works to a designated waterway or designated land or works;
(b) any discharge (whether directly or indirectly) into a designated waterway or designated land or works;
(c) any alteration or removal of any drainage works that are connected to or that discharge into a designated waterway or designated land or works.