Section 1 - Water (Infringements) Regulations 2020 - Water (Infringements) Regulations 2020

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Version No. 003

Water (Infringements) Regulations 2020

S.R. No. 67/2020

Version incorporating amendments as at
17 December 2025

TABLE OF PROVISIONS

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Definition 1

5 Prescribed infringement penalties 1

6 Prescribed water infringement offences 2

Schedule 1—Water infringement offences and infringement penalties 3

═════════════

Endnotes 15

1 General information 15

2 Table of Amendments 17

3 Explanatory details 18

Version No. 003

Water (Infringements) Regulations 2020

S.R. No. 67/2020

Version incorporating amendments as at
17 December 2025

1 Objective

The objective of these Regulations is to prescribe water infringement offences and infringement penalties for the purposes of the Water Act 1989.

2 Authorising provision

These Regulations are made under section 324 of the Water Act 1989.

3 Commencement

These Regulations come into operation on 1 July 2020.

4 Definition

In these Regulations—

the Act means the Water Act 1989.

5 Prescribed infringement penalties

(1) For the purposes of section 33EB of the Act, an infringement penalty specified in Column 3 of an item in Table 1 of Schedule 1 is prescribed in respect of the water infringement offence specified in Column 2 of the corresponding item.

(2) For the purposes of section 63B of the Act, an infringement penalty specified in Column 3 of an item in Table 2 of Schedule 1 is prescribed in respect of the water infringement offence specified in Column 2 of the corresponding item.

(3) For the purposes of section 289C of the Act, an infringement penalty specified in Column 3 of an item in Table 3 of Schedule 1 is prescribed in respect of the water infringement offence specified in Column 2 of the corresponding item.

Column 1<br>Item	Column 2<br>Water infringement offence	Column 3<br>Infringement penalty
1	An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is equal to, or less than, 1 megalitre	1 penalty unit for an individual<br>5 penalty units for a body corporate
2	An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres	3 penalty units for an individual<br>10 penalty units for a body corporate
3	An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres	6 penalty units for an individual<br>30 penalty units for a body corporate
4	An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres	12 penalty units for an individual<br>60 penalty units for a body corporate
5	An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the total authorised amount; and<br>(b) equal to, or less than, 1 megalitre	1 penalty unit for an individual<br>5 penalty units for a body corporate
6	An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the total authorised amount; and<br>(b) more than 1 megalitre, and equal to, or less than, 2 megalitres	3 penalty units for an individual<br>15 penalty units for a body corporate
7	An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the total authorised amount; and<br>(b) more than 2 megalitres, and equal to, or less than, 5 megalitres	6 penalty units for an individual<br>30 penalty units for a body corporate
8	An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the total authorised amount; and<br>(b) more than 5 megalitres, and equal to, or less than, 10 megalitres	12 penalty units for an individual<br>60 penalty units for a body corporate

Column 1 Item

Column 2 Water infringement offence

Column 3 Infringement penalty

An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is equal to, or less than, 1 megalitre

1 penalty unit for an individual 5 penalty units for a body corporate

An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres

3 penalty units for an individual 10 penalty units for a body corporate

An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres

6 penalty units for an individual 30 penalty units for a body corporate

An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres

12 penalty units for an individual 60 penalty units for a body corporate

An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the total authorised amount; and (b) equal to, or less than, 1 megalitre

1 penalty unit for an individual 5 penalty units for a body corporate

3 penalty units for an individual 15 penalty units for a body corporate

6 penalty units for an individual 30 penalty units for a body corporate

12 penalty units for an individual 60 penalty units for a body corporate

Column 1<br>Item	Column 2<br>Water infringement offence	Column 3<br>Infringement penalty
1	An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is equal to, or less than, 1 megalitre	1 penalty unit for an individual<br>5 penalty units for a body corporate
2	An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres	3 penalty units for an individual<br>10 penalty units for a body corporate
3	An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres	6 penalty units for an individual<br>30 penalty units for a body corporate
4	An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres	12 penalty units for an individual<br>60 penalty units for a body corporate
5	An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the authorised amount; and<br>(b) equal to, or less than, 1 megalitre	1 penalty unit for an individual<br>5 penalty units for a body corporate
6	An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the authorised amount; and<br>(b) more than 1 megalitre, and equal to, or less than, 2 megalitres.	3 penalty units for an individual<br>15 penalty units for a body corporate
7	An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the authorised amount; and<br>(b) more than 2 megalitres, and equal to, or less than, 5 megalitres	6 penalty units for an individual<br>30 penalty units for a body corporate
8	An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the authorised amount; and<br>(b) more than 5 megalitres, and equal to, or less than, 10 megalitres	12 penalty units for an individual<br>60 penalty units for a body corporate

Column 1 Item

Column 2 Water infringement offence

Column 3 Infringement penalty

An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is equal to, or less than, 1 megalitre

1 penalty unit for an individual 5 penalty units for a body corporate

An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres

3 penalty units for an individual 10 penalty units for a body corporate

An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres

6 penalty units for an individual 30 penalty units for a body corporate

An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres

12 penalty units for an individual 60 penalty units for a body corporate

An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) equal to, or less than, 1 megalitre

1 penalty unit for an individual 5 penalty units for a body corporate

3 penalty units for an individual 15 penalty units for a body corporate

6 penalty units for an individual 30 penalty units for a body corporate

12 penalty units for an individual 60 penalty units for a body corporate

Column 1<br>Item	Column 2<br>Water infringement offence	Column 3<br>Infringement penalty
1	An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is equal to, or less than, 1 megalitre	1 penalty unit for an individual<br>5 penalty units for a body corporate
2	An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres	3 penalty units for an individual<br>10 penalty units for a body corporate
3	An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres	6 penalty units for an individual<br>30 penalty units for a body corporate
4	An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres	12 penalty units for an individual<br>60 penalty units for a body corporate
5	An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the authorised amount; and<br>(b) equal to, or less than, 1 megalitre	1 penalty unit for an individual<br>5 penalty units for a body corporate
6	An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the authorised amount; and<br>(b) more than 1 megalitre, and equal to, or less than, 2 megalitres	3 penalty units for an individual<br>15 penalty units for a body corporate
7	An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the authorised amount; and<br>(b) more than 2 megalitres, and equal to, or less than, 5 megalitres	6 penalty units for an individual<br>30 penalty units for a body corporate
8	An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the authorised amount; and<br>(b) more than 5 megalitres, and equal to, or less than, 10 megalitres	12 penalty units for an individual<br>60 penalty units for a body corporate
9	An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering by taking or diverting an amount of water that is equal to, or less than, 1 megalitre	1 penalty unit for an individual<br>5 penalty units for a body corporate
10	An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres	3 penalty units for an individual<br>10 penalty units for a body corporate
11	An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres	6 penalty units for an individual<br>30 penalty units for a body corporate
12	An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres	12 penalty units for an individual<br>60 penalty units for a body corporate
13	An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the authorised amount; and<br>(b) equal to, or less than, 1 megalitre	1 penalty unit for an individual<br>5 penalty units for a body corporate
14	An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the authorised amount; and<br>(b) more than 1 megalitre, and equal to, or less than, 2 megalitres	3 penalty units for an individual<br>15 penalty units for a body corporate
15	An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the authorised amount; and<br>(b) more than 2 megalitres, and equal to, or less than, 5 megalitres	6 penalty units for an individual<br>30 penalty units for a body corporate
16	An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is—<br>(a) equal to, or less than, 20% of the authorised amount; and<br>(b) more than 5 megalitres, and equal to, or less than, 10 megalitres	12 penalty units for an individual<br>60 penalty units for a body corporate

Column 1 Item

Column 2 Water infringement offence

Column 3 Infringement penalty

An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is equal to, or less than, 1 megalitre

1 penalty unit for an individual 5 penalty units for a body corporate

An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres

3 penalty units for an individual 10 penalty units for a body corporate

An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres

6 penalty units for an individual 30 penalty units for a body corporate

An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres

12 penalty units for an individual 60 penalty units for a body corporate

An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) equal to, or less than, 1 megalitre

1 penalty unit for an individual 5 penalty units for a body corporate

3 penalty units for an individual 15 penalty units for a body corporate

6 penalty units for an individual 30 penalty units for a body corporate

12 penalty units for an individual 60 penalty units for a body corporate

An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering by taking or diverting an amount of water that is equal to, or less than, 1 megalitre

1 penalty unit for an individual 5 penalty units for a body corporate

An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres

3 penalty units for an individual 10 penalty units for a body corporate

An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres

6 penalty units for an individual 30 penalty units for a body corporate

An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres

12 penalty units for an individual 60 penalty units for a body corporate

An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) equal to, or less than, 1 megalitre

1 penalty unit for an individual 5 penalty units for a body corporate

3 penalty units for an individual 15 penalty units for a body corporate

6 penalty units for an individual 30 penalty units for a body corporate

12 penalty units for an individual 60 penalty units for a body corporate

Column 1<br>Item	Column 2<br>Prescribed water infringement offence	Column 3<br>Infringement penalty
1	An offence against section 55A of the Act	12 penalty units for an individual<br>60 penalty units for a body corporate
1A	An offence against section 64FZB(3) of the Act constituted by the person to whom a restriction determination under Subdivision 3 of Division 2 of Part 4AA of the Act applies, by taking an amount of water during the period of time specified in the determination at an average rate that exceeds the rate determined in accordance with the restriction determination, that is less than an average rate of 2 megalitres per day during the period of time specified in the determination	12 penalty units for an individual<br>60 penalty units for a body corporate
1B	An offence against section 64FZB(3) of the Act constituted by the person to whom a prohibition determination under Subdivision 3 of Division 2 of Part 4AA of the Act applies, by taking an amount of water in contravention of the prohibition determination, that is less than an average of 2 megalitres per day during the period of time specified in the determination	12 penalty units for an individual<br>60 penalty units for a body corporate
2	An offence against section 70A of the Act	12 penalty units for an individual<br>60 penalty units for a body corporate
3	An offence against section 170F(1) of the Act	1 penalty unit
3A	An offence against section 288(3) of the Act constituted by the person destroying, damaging, removing, altering or interfering with a water meter or associated works of an Authority without the consent of the Authority or another authorisation	12 penalty units for an individual<br>60 penalty units for a body corporate
4	An offence against regulation 6 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024	5 penalty units for an individual<br>10 penalty units for a body corporate
5	An offence against regulation 12 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024	5 penalty units for an individual<br>10 penalty units for a body corporate
6	An offence against regulation 14(6) of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024	0∙75 penalty units for an individual<br>1∙5 penalty units for a body corporate
7	An offence against regulation 17(1) of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024	5 penalty units for an individual<br>10 penalty units for a body corporate
8	An offence against regulation 17(2) of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024	3 penalty units for an individual<br>6 penalty units for a body corporate
9	An offence against regulation 18 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024	5 penalty units for an individual<br>10 penalty units for a body corporate
10	An offence against regulation 19 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024	5 penalty units for an individual<br>10 penalty units for a body corporate
11	An offence against regulation 20 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024	3 penalty units for an individual<br>6 penalty units for a body corporate
12	An offence against regulation 21 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024	3 penalty units for an individual<br>6 penalty units for a body corporate
13	An offence against regulation 22 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024	3 penalty units for an individual<br>6 penalty units for a body corporate
14	An offence against regulation 23 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024	1 penalty unit for an individual<br>2 penalty units for a body corporate

Column 1 Item

Column 2 Prescribed water infringement offence

Column 3 Infringement penalty

An offence against section 55A of the Act

12 penalty units for an individual 60 penalty units for a body corporate

An offence against section 64FZB(3) of the Act constituted by the person to whom a restriction determination under Subdivision 3 of Division 2 of Part 4AA of the Act applies, by taking an amount of water during the period of time specified in the determination at an average rate that exceeds the rate determined in accordance with the restriction determination, that is less than an average rate of 2 megalitres per day during the period of time specified in the determination

12 penalty units for an individual 60 penalty units for a body corporate

An offence against section 64FZB(3) of the Act constituted by the person to whom a prohibition determination under Subdivision 3 of Division 2 of Part 4AA of the Act applies, by taking an amount of water in contravention of the prohibition determination, that is less than an average of 2 megalitres per day during the period of time specified in the determination

12 penalty units for an individual 60 penalty units for a body corporate

An offence against section 70A of the Act

12 penalty units for an individual 60 penalty units for a body corporate

An offence against section 170F(1) of the Act

1 penalty unit

An offence against section 288(3) of the Act constituted by the person destroying, damaging, removing, altering or interfering with a water meter or associated works of an Authority without the consent of the Authority or another authorisation

12 penalty units for an individual 60 penalty units for a body corporate

An offence against regulation 6 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024

5 penalty units for an individual 10 penalty units for a body corporate

An offence against regulation 12 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024

5 penalty units for an individual 10 penalty units for a body corporate

An offence against regulation 14(6) of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024

0∙75 penalty units for an individual 1∙5 penalty units for a body corporate

An offence against regulation 17(1) of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024

5 penalty units for an individual 10 penalty units for a body corporate

An offence against regulation 17(2) of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024

3 penalty units for an individual 6 penalty units for a body corporate

An offence against regulation 18 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024

5 penalty units for an individual 10 penalty units for a body corporate

An offence against regulation 19 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024

5 penalty units for an individual 10 penalty units for a body corporate

An offence against regulation 20 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024

3 penalty units for an individual 6 penalty units for a body corporate

An offence against regulation 21 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024

3 penalty units for an individual 6 penalty units for a body corporate

An offence against regulation 22 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024

3 penalty units for an individual 6 penalty units for a body corporate

An offence against regulation 23 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024

1 penalty unit for an individual 2 penalty units for a body corporate