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Water Act 1989
171By-laws
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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S. 171(1)(bc) inserted by No. 85/2006 s. 69(2), repealed by No. 23/2019 s. 72.
S. 171(1)(c)(d) repealed by No. 23/2019 s. 72.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.