Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purposes
Commencement
1
2
PART 2—AMENDMENT OF WATER ACT 1989
3
4
3
Definitions
New Part 5AA inserted
3
3
PART 5AA—LEVEE MAINTENANCE ON CROWN
LAND
3
Division 1—Definitions
3
84AAA Definitions
3
Division 2—Authority conferred by permits
5
84AAB What a levee maintenance permit authorises
5
Division 3—Application for permit
5
84AAC Application
84AAD Referral of application to land manager
5
6
Division 4—Dealing with application for permit
7
84AAE
84AAF
84AAG
84AAH
Determination of application
Matters to be set out in permit
Conditions of levee maintenance permit
Period a levee maintenance permit is in effect
7
7
8
8
Division 5—Variation of conditions or revocation of permit
9
Subdivision 1—Variation of conditions on application by
permit holder
9
84AAI Application
84AAJ Referral of application to land manager
84AAK Determination of application
i
9
9
10
Section
Page
Subdivision 2—Variation of conditions on Minister's
initiative
5
6
7
11
84AAL Variation of conditions on Minister's initiative
84AAM Referral of proposal to land manager in certain
circumstances
11
Subdivision 3—Revocation
13
84AAN Revocation of permit
13
Division 6—Apportionment of application fee
14
84AAO Payment to land manager of portion of application
fee
Control of works and structures
Drainage courses
Regulations
14
14
15
15
12
PART 3—AMENDMENT OF OTHER ACTS
16
Division 1—Amendment of Conservation, Forests and Lands
Act 1987
16
8
Delegation of powers and functions
Division 2—Amendment of Crown Land (Reserves) Act 1978
9
New section 21AA inserted
21AA Offence to construct, remove, alter, or carry out
maintenance on, a levee on reserved land
Division 3—Amendment of Forests Act 1958
10
New sections 96E and 96F inserted
96E
Certain offences not to apply if acting under and in
accordance with levee maintenance permit
96F
Offence to construct, remove, alter, or carry out
maintenance on, a levee within reserved forest
Division 4—Amendment of Land Act 1958
11
12
New section 190A inserted
190A Offence to construct, remove, alter, or carry out
maintenance on, a levee on certain Crown land
Penalty for depositing rubbish on Crown lands
Division 5—Amendment of National Parks Act 1975
13
New section 44B inserted
44B
Offence to construct, remove, alter, or carry out
maintenance on, a levee within specified areas
ii
16
16
16
16
18
18
18
19
20
20
20
21
22
22
22
Section
Page
Division 6—Amendment of Wildlife Act 1975
14
15
New section 21AAA inserted
21AAA Offence to construct, remove, alter, or carry out
maintenance on, a levee within a State Wildlife
Reserve or Nature Reserve
Removing sand etc. from State Wildlife Reserve or Nature
Reserve
PART 4—REPEAL OF AMENDING ACT
16
Repeal of amending Act
═══════════════
ENDNOTES
23
23
23
24
25
25
26
iii
Victoria
Water Amendment (Flood Mitigation)
Act 2014†
No. 53 of 2014
[Assented to 12 August 2014]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are—
(a) to amend the Water Act 1989 to provide for
the regulation of the maintenance of certain
levees on certain Crown land; and
1
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
s. 2
Part 1—Preliminary
(b) to amend the following Acts to insert
offences relating to the unauthorised
construction, removal, alteration or
maintenance of levees—
(i) the Crown Land (Reserves) Act 1978;
(ii) the Forests Act 1958;
(iii) the Land Act 1958;
(iv) the National Parks Act 1975;
(v) the Wildlife Act 1975; and
(c) to amend the Conservation, Forests and
Lands 1987 to allow for the delegation of
certain functions under new Part 5AA of the
Water Act 1989.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 March 2015, it comes into
operation on that day.
__________________
2
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
Part 2—Amendment of Water Act 1989
s. 3
PART 2—AMENDMENT OF WATER ACT 1989
3 Definitions
In section 3(1) of the Water Act 1989 insert the
following definition—
"levee maintenance permit means a permit issued
under section 84AAE;".
4 New Part 5AA inserted
After Part 5 of the Water Act 1989 insert—
"PART 5AA—LEVEE MAINTENANCE ON
CROWN LAND
Division 1—Definitions
84AAA Definitions
In this Part—
land manager, in relation to specified
Crown land, means—
(a) if responsibility for the
management of the land is given
by an Act to a person, that person;
or
(b) if responsibility for the
management of the land is not
given by an Act to a person, the
Minister administering the Act
under which the land is managed;
3
See:
Act No.
80/1989.
Reprint No. 11
as at
1 December
2013
and
amending
Act Nos
22/2013,
17/2014 and
28/2014.
LawToday:
www.
legislation.
vic.gov.au
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
s. 4
Part 2—Amendment of Water Act 1989
levee means a mound or bank (whether or
not on a waterway) constructed
primarily of earth, stone or gravel, the
purpose of which is to obstruct or
deflect the flow of water over the
surface of land;
maintenance, in relation to a levee, includes
reconstruction of a part of the levee;
specified Crown land means land that is—
(a) reserved under the Crown Land
(Reserves) Act 1978; or
(b) reserved forest within the meaning
of the Forests Act 1958; or
(c) unreserved Crown land under the
Land Act 1958; or
(d) described in Schedule Two,
Two B, Three or Four to the
National Parks Act 1975 other
than—
(i) a wilderness zone (within the
meaning of that Act); or
(ii) a remote and natural area
(within the meaning of that
Act); or
(iii) a designated water supply
catchment area (within the
meaning of that Act); or
(e) a State Wildlife Reserve or a
Nature Reserve within the
meaning of the Wildlife Act
1975—
but does not include—
4
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
Part 2—Amendment of Water Act 1989
(f) a natural catchment area within
the meaning of the Heritage
Rivers Act 1992; or
(g) an area proclaimed to be a
reference area under the
Reference Areas Act 1978.
Division 2—Authority conferred by permits
84AAB What a levee maintenance permit
authorises
(1) A levee maintenance permit authorises the
holder to—
(a) carry out maintenance on a levee that is
located on specified Crown land; and
(b) enter or pass over any specified Crown
land for that purpose.
(2) A levee maintenance permit does not
authorise the use of machinery or the
introduction of soil or other material to the
land to carry out the maintenance after the
first 12 months of the period the permit is in
effect.
Note
It is an offence to construct, remove, alter or carry out
maintenance on a levee on specified Crown land other than
under and in accordance with a levee maintenance permit or
other authority. See—Crown Land (Reserves) Act 1978,
Forests Act 1958, Land Act 1958, National Parks Act
1975 and Wildlife Act 1975.
Division 3—Application for permit
84AAC Application
(1) A person may apply to the Minister for a
levee maintenance permit.
5
s. 4
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
s. 4
Part 2—Amendment of Water Act 1989
(2) An application must—
(a) be made in a form and manner
approved by the Minister; and
(b) contain any information that is required
by the Minister; and
(c) be accompanied by—
(i) any application fee fixed by the
Minister; and
(ii) the written consent of any lessee
of—
(A) the land on which the levee
is located; and
(B) the land over which access is
required by the applicant.
84AAD Referral of application to land manager
(1) The Minister must refer a copy of an
application under section 84AAC to the land
manager.
(2) Within 28 days (or any longer period that the
Minister allows) after receiving a copy of the
application, the land manager—
(a) must consider the application; and
(b) may—
(i) advise the Minister that the land
manager does not require the
permit to be subject to any
condition; or
(ii) specify any condition (which must
be a reasonable condition) to
which the land manager requires
the permit to be subject.
6
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
Part 2—Amendment of Water Act 1989
(3) If a land manager makes no response to the
Minister within 28 days (or any longer
period that the Minister allowed) after
receipt of a copy of the application, the
Minister may proceed to determine the
application.
Division 4—Dealing with application for
permit
84AAE Determination of application
On receiving an application under
section 84AAC, the Minister, subject to this
Part, may—
(a) approve the application and issue a
levee maintenance permit; or
(b) refuse the application.
84AAF Matters to be set out in permit
A levee maintenance permit must set out the
following—
(a) the name and address of the holder;
(b) a description of the specified Crown
land on which the levee is located;
(c) a description of the location of the
levee;
(d) any condition to which the permit is
subject;
(e) the period the permit is in effect;
(f) any other information that the Minister
considers necessary.
7
s. 4
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
s. 4
Part 2—Amendment of Water Act 1989
84AAG Conditions of levee maintenance permit
(1) A levee maintenance permit is subject to—
(a) any prescribed condition; and
(b) any condition specified by the land
manager under
section 84AAD(2)(b)(ii); and
(c) any other condition that the Minister
thinks fit and specifies in the permit.
(2) Without limiting subsection (1)(c), the
Minister may specify a condition about any
one or more of the following—
(a) the dimensions that the levee must not
exceed;
(b) the maintenance authorised by the
permit.
(3) In specifying the dimensions of a levee for
the purpose of a condition referred to in
subsection (2)(a), the Minister may have
regard to—
(a) the past or present condition of the
whole or any part of the levee; or
(b) the past or present height or width of
any part of the levee.
84AAH Period a levee maintenance permit is in
effect
Unless sooner revoked, a levee maintenance
permit remains in effect for the period
(not exceeding 5 years) specified in the
permit.
8
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
Part 2—Amendment of Water Act 1989
Division 5—Variation of conditions or
revocation of permit
Subdivision 1—Variation of conditions on
application by permit holder
84AAI Application
(1) The holder of a levee maintenance permit
may apply to the Minister for the variation or
removal of a condition (other than a
prescribed condition) to which the permit is
subject.
(2) An application must—
(a) be made in a form and manner
approved by the Minister; and
(b) contain any information that is required
by the Minister; and
(c) be accompanied by—
(i) any application fee fixed by the
Minister; and
(ii) the written consent of any lessee
of—
(A) the land on which the levee
is located; and
(B) the land over which access is
required by the applicant
who is likely to be affected
by the variation or removal
of the condition.
84AAJ Referral of application to land manager
(1) The Minister must refer a copy of an
application under section 84AAI to the land
manager.
9
s. 4
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
s. 4
Part 2—Amendment of Water Act 1989
(2) Within 28 days (or any longer period that the
Minister allows) after receiving a copy of the
application, the land manager—
(a) must consider the application; and
(b) may—
(i) advise the Minister that the land
manager does not object to the
variation or removal of the
condition; or
(ii) advise the Minister that the land
manager objects to the variation or
removal of the condition on the
ground specified by the land
manager (which must be a
reasonable ground); or
(iii) specify any variation (which must
be a reasonable variation) to the
condition that the land manager
requires.
(3) If a land manager makes no response to the
Minister within 28 days (or any longer
period that the Minister allowed) after
receipt of a copy of the application, the
Minister may proceed to determine the
application.
84AAK Determination of application
(1) On receiving an application under
section 84AAI, the Minister, subject to this
Part, may—
(a) approve the application and vary or
remove the condition; or
(b) refuse the application.
10
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
Part 2—Amendment of Water Act 1989
(2) A variation or removal of a condition takes
effect—
(a) on the day on which written notice of it
is given to the permit holder; or
(b) on a later day specified in the notice.
Subdivision 2—Variation of conditions on
Minister's initiative
84AAL Variation of conditions on Minister's
initiative
(1) The Minister, on the Minister's initiative,
may—
(a) vary a condition to which a levee
maintenance permit is subject; or
(b) remove a condition to which a levee
maintenance permit is subject; or
(c) impose a new condition on a levee
maintenance permit.
(2) The Minister may only act under subsection
(1) after obtaining the written consent of any
lessee of—
(a) the land on which the levee is located;
or
(b) the land over which access is required
by the applicant who is likely to be
affected by the variation or removal of
the condition or the new condition.
(3) The Minister must give at least 28 days'
written notice of the variation or removal of
the condition, or the new condition, to the
permit holder before it takes effect.
However, a variation may take effect earlier
if the permit holder agrees.
11
s. 4
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
s. 4
Part 2—Amendment of Water Act 1989
(4) A notice under subsection (3) must specify
the reasons for the variation or removal of
the condition or the new condition.
84AAM Referral of proposal to land manager in
certain circumstances
(1) This section applies if—
(a) the Minister proposes to vary or remove
a condition to which a levee
maintenance permit is subject, or to
impose a new condition on a levee
maintenance permit, under
section 84AAL; and
(b) the Minister is of the opinion that the
land manager is likely to be affected by
the variation or removal of the
condition or the new condition.
(2) The Minister must refer a copy of the permit,
together with details of the proposed
variation or removal of the condition, or the
proposed new condition, to the land
manager.
(3) Within 28 days (or any longer period that the
Minister allows) after receiving a copy of the
permit and details of the proposed variation
or removal of the condition, or the proposed
new condition, the land manager—
(a) must consider the proposed variation or
removal of the condition or the
proposed new condition; and
(b) may—
(i) advise the Minister that the land
manager does not object to the
variation or removal of the
condition or the new condition; or
12
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
Part 2—Amendment of Water Act 1989
(ii) advise the Minister that the land
manager objects to the variation or
removal of the condition, or the
new condition, on the ground
specified by the land manager
(which must be a reasonable
ground); or
(iii) specify any variation (which must
be a reasonable variation) to the
condition that the land manager
requires.
(4) If the land manager makes no response to the
Minister within 28 days after receipt of the
copy of the permit and the details of the
proposed variation or removal of the
condition, or the new condition, the Minister
may proceed to vary or remove the condition
or impose the new condition.
Subdivision 3—Revocation
84AAN Revocation of permit
(1) The Minister, by written notice served on the
holder of a levee maintenance permit, may
revoke the permit.
(2) The Minister may only act under
subsection (1)—
(a) following a request to do so by the
holder of the permit; or
(b) if the Minister is of the opinion that
there has been a failure to comply with
any term or condition of the permit.
(3) A notice served under subsection (1) must
specify the reasons for the revocation.
13
s. 4
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
s. 5
Part 2—Amendment of Water Act 1989
(4) A revocation takes effect—
(a) on the day on which written notice of
the revocation is served on the permit
holder; or
(b) on a later day specified in the notice.
Division 6—Apportionment of application fee
84AAO Payment to land manager of portion of
application fee
(1) The Minister must pay to a land manager
that considers an application in accordance
with this Part, a proportion (determined by
the Minister) of the application fee paid to
the Minister for that application.
(2) The proportion must represent a land
manager's reasonable costs in considering an
application of that kind.
(3) A land manager must provide to the Minister
any information that the Minister requests
for the purposes of subsection (2).
__________________".
5 Control of works and structures
After section 208(1) of the Water Act 1989
insert—
"(1A) Subsection (1) does not apply to a person
who is acting under and in accordance with a
levee maintenance permit.".
14
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
Part 2—Amendment of Water Act 1989
6 Drainage courses
After section 218(12) of the Water Act 1989
insert—
"(12A) Subsections (11) and (12) do not apply to a
person who is acting under and in
accordance with a levee maintenance
permit.".
7 Regulations
After section 324(1)(t) of the Water Act 1989
insert—
"(ta) prescribing conditions to which levee
maintenance permits are subject; and".
__________________
15
s. 6
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
s. 8
Part 3—Amendment of Other Acts
PART 3—AMENDMENT OF OTHER ACTS
Division 1—Amendment of Conservation, Forests and Lands
Act 1987
8 Delegation of powers and functions
See:
Act No.
41/1987.
Reprint No. 8
as at
21 July 2011
and
amending
Act Nos
65/2011,
43/2012,
67/2013 and
24/2014.
LawToday:
www.
legislation.
vic.gov.au
In section 11(3A) and (3B) of the Conservation,
Forests and Lands Act 1987, after "National
Parks Act 1975" insert ", Part 5AA of the Water
Act 1989".
Division 2—Amendment of Crown Land (Reserves)
Act 1978
9 New section 21AA inserted
See:
Act No.
9212.
Reprint No. 10
as at
1 July 2011
and
amending
Act Nos
64/2004,
65/2010,
7/2012,
17/2012,
46/2012,
31/2013 and
79/2013.
LawToday:
www.
legislation.
vic.gov.au
After section 21 of the Crown Land (Reserves)
Act 1978 insert—
"21AA Offence to construct, remove, alter, or
carry out maintenance on, a levee on
reserved land
(1) A person must not—
(a) construct, remove or alter a levee on
land reserved under this Act; or
(b) carry out maintenance on a levee on
land reserved under this Act.
Penalty: Level 8 imprisonment (12 months
maximum) or a level 8 fine
(120 penalty units maximum) or
both.
16
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
Part 3—Amendment of Other Acts
(2) Subsection (1)(a) and (b) do not apply to a
person if the person constructs, removes,
alters, or carries out maintenance on, a
levee—
(a) in the performance of a function under
this Act or the regulations; or
(b) that the person is authorised under this
Act or the regulations to construct,
remove, alter or carry out maintenance
on in the performance of a function
under another Act or regulations made
under another Act.
(3) Subsection (1)(b) does not apply to a person
if the person carries out maintenance on a
levee under and in accordance with a levee
maintenance permit.
(4) In this section—
levee has the same meaning as in Part 5AA
of the Water Act 1989;
levee maintenance permit has the same
meaning as in the Water Act 1989;
maintenance has the same meaning as in
Part 5AA of the Water Act 1989.".
17
s. 9
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
s. 10
Part 3—Amendment of Other Acts
Division 3—Amendment of Forests Act 1958
10 New sections 96E and 96F inserted
See:
Act No.
6254.
Reprint No. 11
as at
8 March 2013
and
amending
Act Nos
70/2013 and
73/2013.
LawToday:
www.
legislation.
vic.gov.au
After section 96D of the Forests Act 1958
insert—
"96E Certain offences not to apply if acting
under and in accordance with levee
maintenance permit
(1) Section 96(h) does not apply to a person if
the person cuts or digs forest produce
without a licence issued under section 52 for
the purpose referred to in subsection (1A)(e)
or (f) or (1B)(a) or (b) of that section while
acting under and in accordance with a levee
maintenance permit within the meaning of
the Water Act 1989.
(2) Section 96(j) does not apply to a person in
respect of the cutting, splitting or felling of
forest produce by that person without a
licence issued under section 52 for the
purpose referred to in subsection (1A)(e)
or (1B)(a) of that section while acting under
and in accordance with a levee maintenance
permit within the meaning of the Water Act
1989.
(3) Section 96(o) does not apply to a person in
respect of the cutting of forest produce by
that person if the person cuts forest produce
under and in accordance with a levee
maintenance permit within the meaning of
the Water Act 1989.
18
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
Part 3—Amendment of Other Acts
96F Offence to construct, remove, alter, or
carry out maintenance on, a levee within
reserved forest
(1) A person must not—
(a) construct, remove or alter a levee
within reserved forest; or
(b) carry out maintenance on a levee within
reserved forest.
Penalty: Level 8 imprisonment (12 months
maximum) or a level 8 fine
(120 penalty units maximum) or
both.
(2) Subsection (1)(a) and (b) do not apply to a
person if the person constructs, removes,
alters, or carries out maintenance on, a
levee—
(a) in the performance of a function under
this Act or the regulations; or
(b) that the person is authorised under this
Act or the regulations to construct,
remove, alter or carry out maintenance
on in the performance of a function
under another Act or regulations made
under another Act.
(3) Subsection (1)(b) does not apply to a person
if the person carries out maintenance on a
levee under and in accordance with a levee
maintenance permit.
(4) In this section—
levee has the same meaning as in Part 5AA
of the Water Act 1989;
levee maintenance permit has the same
meaning as in the Water Act 1989;
19
s. 10
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
s. 11
Part 3—Amendment of Other Acts
maintenance has the same meaning as in
Part 5AA of the Water Act 1989.".
Division 4—Amendment of Land Act 1958
11 New section 190A inserted
See:
Act No.
6284.
Reprint No. 12
as at
27 April 2012
and
amending
Act Nos
43/2012,
46/2012 and
26/2014.
LawToday:
www.
legislation.
vic.gov.au
After section 190 of the Land Act 1958 insert—
"190A Offence to construct, remove, alter, or
carry out maintenance on, a levee on
certain Crown land
(1) A person must not—
(a) construct, remove or alter a levee on
Crown land; or
(b) carry out maintenance on a levee on
Crown land.
Penalty: Level 8 imprisonment (12 months
maximum) or a level 8 fine
(120 penalty units maximum) or
both.
(2) Subsection (1)(a) and (b) do not apply to a
person if the person constructs, removes,
alters, or carries out maintenance on, a
levee—
(a) in the performance of a function under
this Act or the regulations; or
(b) that the person is authorised under this
Act or the regulations to construct,
remove, alter or carry out maintenance
on in the performance of a function
under another Act or regulations made
under another Act.
(3) Subsection (1)(b) does not apply to a person
if the person carries out maintenance on a
levee under and in accordance with a levee
maintenance permit.
20
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
Part 3—Amendment of Other Acts
(4) In this section—
Crown land does not include—
(a) land reserved under the Crown
Land (Reserves) Act 1978; or
(b) reserved forest within the meaning
of the Forests Act 1958; or
(c) a park within the meaning of the
National Parks Act 1975 or any
land that is described in Schedule
Four to that Act; or
(d) a State Wildlife Reserve or a
Nature Reserve within the
meaning of the Wildlife Act
1975;
levee has the same meaning as in Part 5AA
of the Water Act 1989;
levee maintenance permit has the same
meaning as in the Water Act 1989;
maintenance has the same meaning as in
Part 5AA of the Water Act 1989.".
12 Penalty for depositing rubbish on Crown lands
At the end of section 191 of the Land Act 1958
insert—
"(2) Subsection (1) does not apply to a person
who is acting under and in accordance with a
levee maintenance permit within the
meaning of the Water Act 1989.".
21
s. 12
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
s. 13
Part 3—Amendment of Other Acts
Division 5—Amendment of National Parks Act 1975
13 New section 44B inserted
See:
Act No.
8702.
Reprint No. 14
as at
14 November
2012
and
amending
Act Nos
38/1989,
17/2013,
45/2013 and
79/2013.
LawToday:
www.
legislation.
vic.gov.au
After section 44A of the National Parks Act
1975 insert—
"44B Offence to construct, remove, alter, or
carry out maintenance on, a levee within
specified areas
(1) A person must not—
(a) construct, remove or alter a levee
within a specified area; or
(b) carry out maintenance on a levee within
a specified area.
Penalty: Level 8 imprisonment (12 months
maximum) or a level 8 fine
(120 penalty units maximum) or
both.
(2) Subsection (1)(a) and (b) do not apply to a
person if the person constructs, removes,
alters, or carries out maintenance on, a
levee—
(a) in the performance of a function under
this Act or the regulations; or
(b) that the person is authorised under this
Act or the regulations to construct,
remove, alter or carry out maintenance
on in the performance of a function
under another Act or regulations made
under another Act.
(3) Subsection (1)(b) does not apply to a person
if the person carries out maintenance on a
levee under and in accordance with a levee
maintenance permit.
22
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
Part 3—Amendment of Other Acts
s. 14
(4) In this section—
levee has the same meaning as in Part 5AA
of the Water Act 1989;
levee maintenance permit has the same
meaning as in the Water Act 1989;
maintenance has the same meaning as in
Part 5AA of the Water Act 1989;
specified area means a park or any land that
is described in Schedule Four.".
Division 6—Amendment of Wildlife Act 1975
14 New section 21AAA inserted
After section 21 of the Wildlife Act 1975
insert—
"21AAA Offence to construct, remove, alter, or
carry out maintenance on, a levee within a
State Wildlife Reserve or Nature Reserve
(1) A person must not—
(a) construct, remove or alter a levee
within a State Wildlife Reserve or a
Nature Reserve; or
(b) carry out maintenance on a levee within
a State Wildlife Reserve or a Nature
Reserve.
Penalty: Level 8 imprisonment (12 months
maximum) or a level 8 fine
(120 penalty units maximum) or
both.
(2) Subsection (1)(a) and (b) do not apply to a
person if the person constructs, removes,
alters, or carries out maintenance on, a
levee—
23
See:
Act No.
8699.
Reprint No. 9
as at
27 April 2012
and
amending
Act Nos
65/2010,
46/2012,
82/2012,
4/2013,
11/2014,
17/2014 and
24/2014.
LawToday:
www.
legislation.
vic.gov.au
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
s. 15
Part 3—Amendment of Other Acts
(a) in the performance of a function under
this Act or the regulations; or
(b) that the person is authorised under this
Act or the regulations to construct,
remove, alter or carry out maintenance
on in the performance of a function
under another Act or regulations made
under another Act.
(3) Subsection (1)(b) does not apply to a person
if the person carries out maintenance on a
levee under and in accordance with a levee
maintenance permit.
(4) In this section—
levee has the same meaning as in Part 5AA
of the Water Act 1989;
levee maintenance permit has the same
meaning as in the Water Act 1989;
maintenance has the same meaning as in
Part 5AA of the Water Act 1989.".
15 Removing sand etc. from State Wildlife Reserve or
Nature Reserve
After section 21(1) of the Wildlife Act 1975
insert—
"(1A) Subsection (1) does not apply to a person if
the person is acting under and in accordance
with a levee maintenance permit within the
meaning of the Water Act 1989.".
__________________
24
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
Part 4—Repeal of Amending Act
PART 4—REPEAL OF AMENDING ACT
16 Repeal of amending Act
This Act is repealed on 1 March 2016.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
25
s. 16
Water Amendment (Flood Mitigation) Act 2014
No. 53 of 2014
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Water Act 1989, the Conservation, Forests and Lands Act 1987, the
Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act
1958, the National Parks Act 1975 and the Wildlife Act 1975 and for
other purposes."
26