Taking water without, or otherwise than authorised by, an access licence
60A Taking water without, or otherwise than authorised by, an access licence
A person—
who takes water from a water source to which this Part applies, and
who does not hold an access licence for the water source, and
who intentionally or negligently takes the water without obtaining an access licence for the water source,
is guilty of an offence.
Tier 1 penalty.
A person must not take water from a water source to which this part applies unless the person holds an access licence for the water source.
Maximum penalty—Tier 2 penalty.
Maximum civil penalty—Tier A civil penalty.
A holder of an access licence—
who takes water from a water source to which this Part applies otherwise than as authorised by the licence, and
who intentionally or negligently takes the water without obtaining an access licence that authorises the taking of the water,
is guilty of an offence.
Tier 1 penalty.
The holder of an access licence must not take water from a water source to which this part applies other than as authorised by the licence.
Maximum penalty—Tier 2 penalty.
Maximum civil penalty—Tier A civil penalty.
Without limiting subsections (3) and (4), a person takes water otherwise than as authorised by an access licence if the person takes water while the licence is suspended.
Without limiting subsections (3), (4) and (5), a person takes water otherwise than as authorised by a supplementary water access licence if the person takes water otherwise than in such circumstances as may be authorised by provisions of the relevant management plan made for the purposes of section 70.
It is a defence to a prosecution, or proceedings for a contravention of a civil penalty provision, under this section in relation to the taking of water from a water source to which this Part applies if the accused person establishes that the water was taken—
by means of a nominated water supply work for the water source, or
by means of a water supply work that, at all material times, was nominated in relation to the interstate equivalent of an access licence,
and was otherwise taken in accordance with the terms and conditions of the access licence in connection with which it is nominated.
The defence established by subsection (7) (b) is not available unless the Minister has been duly notified that the relevant water supply work has been nominated as referred to in that paragraph.
This Act’s bill:Explanatory memorandumSecond reading speech
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