190AOffence to construct, remove, alter, or carry out maintenance on, a levee on certain Crown land

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. S. 190A(2A) inserted by No. 43/2015 s. 37. (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— ***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**. No. 3709 s. 154. S. 191 amended by Nos 7228 s. 7(Sch. 4 Pt 19(ja)), 7548 s. 6(d), 10/2004 s. 15(Sch. 1 item 14.10), 53/2014 s. 12 (ILA s. 39B(1)).