171By-laws

171 By-laws S. 171(1) amended by No. 85/2006 s. 69(1). (1) An Authority may, in accordance with section 160, make by-laws for or with respect to— (a) regulating, restricting or prohibiting the use of water, either generally or for any specific purpose; and (b) providing for the publication of notices announcing any restrictions or prohibitions; and S. 171(1)(ba) inserted by No. 85/2006 s. 69(2). (ba) prescribing offences, in respect of contravention of restrictions or prohibitions, set out in 4 stages, on the use of water in the whole or any part of the district of the Authority, for which an infringement notice may be served; and S. 171(1)(bb) inserted by No. 85/2006 s. 69(2). (bb) the infringement penalties for any offence for which an infringement notice may be served; and S. 171(1)(bc) inserted by No. 85/2006 s. 69(2), repealed by No. 23/2019 s. 72. S. 171(1)(c)(d) repealed by No. 23/2019 s. 72. (e) prohibiting any act which could cause wastage of water; and (f) regulating or prohibiting any activity that— (i) is carried out within 40 metres of works or waterways forming part of the Authority's water supply system; and (ii) may affect that system; and (g) prohibiting people who are not entitled to water supply from using water from the Authority's works; and (h) regulating or prohibiting the access to or use of land and works under the management and control of the Authority; and (i) regulating the use of water for fire-fighting purposes; and (j) any other matter or thing for which it is necessary or convenient for the Authority to make by-laws. S. 171(2) inserted by No. 90/2003 s. 5. (2) A penalty imposed for a contravention of a by-law made under subsection (1)(a) must not exceed— (a) for a first offence, 40 penalty units or imprisonment for 3 months; and (b) for a subsequent offence, 80 penalty units or imprisonment for 6 months— and, in the case of a continuing contravention, an additional penalty not exceeding 5 penalty units for each day on which the offence continues (up to a maximum of 20 additional penalty units)— (c) after service of a notice of contravention on the person under section 151; or S. 171(3) inserted by No. 85/2006 s. 69(3). (3) An infringement penalty imposed for a contravention of an offence for which an infringement notice may be served under a by-law made under subsection (1)(ba) must not exceed— S. 171(3)(a) amended by No. 17/2012 s. 33(a). (a) for an offence in respect of the first stage of restrictions or prohibitions (however described) on the use of water, 2 penalty units; S. 171(3)(b) amended by No. 17/2012 s. 33(b). (b) for an offence in respect of the second stage of restrictions or prohibitions (however described) on the use of water, 3 penalty units; S. 171(3)(c) amended by No. 17/2012 s. 33(c). (c) for an offence in respect of the third stage of restrictions or prohibitions (however described) on the use of water, 4 penalty units; S. 171(3)(d) amended by No. 17/2012 s. 33(d). (d) for an offence in respect of the fourth stage of restrictions or prohibitions (however described) on the use of water, 5 penalty units. S. 171(4) inserted by No. 29/2007 s. 17. (4) An offence referred to in subsection (1)(ba), for which an infringement notice may be served, is an infringement offence within the meaning of the **Infringements Act 2006**. S. 171A inserted by No. 48/2002 s. 75, amended by No. 85/2006 s. 70, repealed by No. 1/2010 s. 93. Pt 8 Div. 2 (Heading and ss 171B–171I) inserted by No. 85/2006 s. 71. Division 2—Melbourne Water Corporation S. 171B inserted by No. 85/2006 s. 71.