Victorian Current Acts

WATER ACT 1989 - SECT 64FB

    (1)     A person must not knowingly take water, under a relevant water allocation from a place in a declared water system unless the person has a general place of take approval to take water, under relevant water allocations held by that person from that place, being a taking 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

Section 297 applies to an offence against this subsection.

    (2)     A person must not recklessly take water, under a relevant water allocation from a place in a declared water system unless the person has approval under a general place of take approval to take water, under relevant water allocations held by that person from that place, being a taking 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

Section 297 applies to an offence against this subsection.

    (3)     A person must not take water, under a relevant water allocation, from a place in a declared water system unless the person has approval under a general place of take approval to take water, under relevant water allocations held by that person from that place.

Penalty:     For an individual, 240 penalty units;

    For a body corporate, 1200 penalty units.

Note

Section 297 applies to an offence against this subsection.

S. 64FC inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13).