21Trustees of reserves to be deemed occupiers

21 Trustees of reserves to be deemed occupiers

S. 21(1) amended by No. 30/2014 s. 12.

(1) The word owners in section 16 of the Fences Act 1968 shall for the purposes of that section be deemed to include the trustees or persons having the care control or management of any land whether permanently reserved or not.

S. 21(2) inserted by No. 31/2013 s. 4(2).

(2) Subsection (1) as in force immediately before the commencement of section 4 of the Justice Legislation Amendment Act 2013 continues to apply in relation to a right or liability arising in relation to a fence or proposed fence for which a notice to fence was served under section 6 of the Fences Act 1968 before that commencement.

S. 21AA inserted by No. 53/2014 s. 9.

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.

(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.

S. 21AA(2A) inserted by No. 43/2015 s. 35.

(2A) Subsection (1)(a) does not apply to a person if the person constructs, removes or alters a levee in accordance with section 32AC of the Victoria State Emergency Service Act 2005.

(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.