21Removing sand etc. from State Wildlife Reserve or Nature Reserve

21 Removing sand etc. from State Wildlife Reserve or Nature Reserve S. 21(1) amended by Nos 9505 s. 5(8)(a), 41/1987 s. 103(Sch. 4 item 76.26), 70/1990 s. 12(1)(c), 87/1997 item 13(a)), 19/2018 s. 233. (1) Any person who without the authority in writing of the land manager digs or removes any sand, soil, or other material from a State Wildlife Reserve or a Nature Reserve or deposits rubbish, debris, or other material in a State Wildlife Reserve or a Nature Reserve shall be guilty of an offence against this Act. S. 21(1A) inserted by No. 53/2014 s. 15. (1A) Subsection (1) does not apply to a person if the person is acting under and in accordance with a levee maintenance permit within the meaning of the **Water Act 1989**. S. 21(2) amended by Nos 9505 s. 5(8)(a), 41/1987 s. 103(Sch. 4 item 76.26), 70/1990 s. 12(1)(d), 87/1997 ss 7, 42(Sch. item 13(b)), 19/2018 s. 233. (2) Any person, other than a person authorised under the **Water Act 1989** to do so, who without the authority in writing of the land manager interferes with or damages any structure or interferes with the flow of water into, out of, or within a State Wildlife Reserve or a Nature Reserve shall be guilty of an offence against this Act. S. 21(3) inserted by No. 9505 s. 5(8)(b), amended by Nos 41/1987 s. 103(Sch. 4 item 76.26), 70/1990 s. 12(1)(b), 87/1997 item 13(c)), 19/2018 s. 233. (3) Any person who without the authority in writing of the land manager takes, destroys, hunts, injures or wilfully disturbs wildlife or takes destroys or damages any native flora in a Nature Reserve shall be guilty of an offence against this Act. S. 21AAA inserted by No. 53/2014 s. 14. 21AAA Offence to construct, remove, alter, or carry out maintenance on, a levee within a State Wildlife Reserve or Nature Reserve (a) construct, remove or alter a levee within a State Wildlife Reserve or a Nature Reserve; or (b) carry out maintenance on a levee within a State Wildlife Reserve or a Nature Reserve. 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. 21AAA(2A) inserted by No. 43/2015 s. 40. (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**. S. 21AA inserted by No. 46/2012 s. 23. 21AA Offence to cut or take away fallen or felled trees (1) A person must not cut or take away 2 cubic metres or less of fallen or felled trees in a State Wildlife Reserve or a Nature Reserve. Penalty: 20 penalty units. (2) A person must not cut or take away more than 2 cubic metres of fallen or felled trees in a State Wildlife Reserve or a Nature Reserve. Penalty: 50 penalty units or imprisonment for 1 year or both. (3) Subsections (1) and (2) do not apply to a person who— (a) cuts or takes away fallen or felled trees in a State Wildlife Reserve or a Nature Reserve in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or (b) cuts or takes away fallen or felled trees in a State Wildlife Reserve or a Nature Reserve in accordance with the regulations or regulations under any other Act. ***fallen or felled trees*** includes parts of fallen or felled trees; ***tree*** or ***trees*** has the same meaning as in section 3(1) of the **Forests Act 1958**. Pt 2A (Heading and ss 21A–21J) inserted by No. 40/2009 s. 42. Part IIA—Tour operator licences S. 21A inserted by No. 40/2009 s. 42.