77A

Offences—take water without licence

In force

(1)

A person commits an offence if the person—

(a)

takes surface water or ground water from a place; and

(b)

does not have a licence to take the water from the place.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(2)

A person who is the owner or occupier of land commits an offence if the person—

(a)

takes ground water from a bore on the land; and

(b)

does not have a licence to take the ground water.

Maximum penalty: 50 penalty units.

(3)

An offence against subsection (2) is a strict liability offence.

(4)

A person commits an offence if the person—

(a)

in the conduct of a business carrying or extracting water, takes surface water from a place; and

(b)

does not have a licence to take the surface water.

Maximum penalty: 50 penalty units.

(5)

An offence against subsection (4) is a strict liability offence.

(6)

This section does not apply if a licence is not required as mentioned in section 28 (2).

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