Section 52 of the Water Management Act 2000 (NSW) imposes no limit on the volume of water that may be taken for domestic or stock purposes; the sole limitation is as to the use to which the water may be put. Publication orders made under s 353G(1)(a) of the WM Act fall within the definition of 'sentence' in s 2 of the Criminal Appeal Act 1912 (NSW) and are subject to appeal to the Court of Criminal Appeal. Where a meter tampering offence under s 91K is of low objective gravity and could have been prosecuted in the Local Court, the jurisdictional limit of the Local Court is a highly significant sentencing factor.
The full text is available to signed-in members, including the 69 later cases that cite this judgment.
5 of the 69 citing cases carry a classified treatment. How each court treated it is available to signed-in members.