44BOffence to construct, remove, alter, or carry out maintenance on, a levee within specified areas

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. S. 44B(2A) inserted by No. 43/2015 s. 38(2). (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. ***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.