Victorian Current Acts Victorian Current Acts(1) A person must not knowingly take, use or divert an Authority's water without the consent of the Authority or another authorisation under this or any other Act, being a taking, use or diversion 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. 289(1) inserted by No. 48/2021 s. 99(1).
Note
Section 297A applies to an offence against this subsection.
(2) A person must not recklessly take, use or divert an Authority's water without the consent of the Authority or another authorisation under this or any other Act, being a taking, use or diversion 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. 289(2) inserted by No. 48/2021 s. 99(2).
Note
Section 297A applies to an offence against this subsection.
(3) A person must not take, use or divert an Authority's water without the consent of the Authority or another authorisation under this or any other Act.
Penalty: For an individual, 240 penalty units;
For a body corporate, 1200 penalty units.
Note to s. 289(3) inserted by No. 48/2021 s. 99(3).
Note
Section 297A applies to an offence against this subsection.
(4) In this section—
S. 289(4) def. of Authority's water amended by No. 48/2021 s. 99(4).
"Authority's water" means water—
(a) that is under the control and management of an Authority; or
(b) that is supplied by an Authority for the use of another person; or
(c) that is delivered by an Authority for another person to take.
S. 289A inserted by No. 23/2019 s. 92.