Victorian Numbered Acts

WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2019 (NO. 23 OF 2019) - SECT 71

After section 169 of the Principal Act insert —

        " 169A     Offence not to comply with notice of contravention

    (1)     A person on whom a notice of contravention under section 169 is served must not knowingly fail to comply with the notice, being a failure to comply 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.

    (2)     A person on whom a notice of contravention under section 169 is served must not recklessly fail to comply with the notice, being a failure to comply 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.

    (3)     A person on whom a notice of contravention under section 169 is served must not fail to comply with the notice.

Penalty:     For an individual, 240 penalty units;

For a body corporate, 1200 penalty units.

        169B     Authority may carry out works etc. where notice not complied with

If a notice of contravention under section 169 is not complied with within the time specified, or any longer time allowed by the Authority, the Authority may—

        (a)     carry out any work and take any other action it decides is necessary to remedy the contravention, and recover its reasonable costs from the person on whom the notice was served; and

        (b)     remove or disconnect any service to the property in relation to which the contravention occurs, and recover its reasonable costs from the person on whom the notice was served; and

        (c)     apply to a court for an injunction restraining the person on whom the notice was served from contravening the notice.".