Taking water for which there is no, or insufficient, water allocation
60C Taking water for which there is no, or insufficient, water allocation
Offences involving allocations under a single access licence A person who takes water from a water source to which this Part applies otherwise than in accordance with the water allocation for the access licence by which the taking of water from the water source is authorised and—
who intentionally or negligently fails to ascertain whether the taking of water is in accordance with the water allocation, or
who knows or has reasonable cause to believe that the taking of the water is not in accordance with the water allocation,
is guilty of an offence.
Tier 1 penalty.
A person must not take water from a water source to which this part applies other than in accordance with the water allocation for the access licence that authorises the taking of water.
Maximum penalty—Tier 2 penalty.
Maximum civil penalty—Tier A civil penalty.
If a person who has the control or management of a water supply work takes water by means of that work in contravention of subsection (2), and the water supply work is nominated in relation to an access licence held by some other person, both persons are taken to have contravened that subsection.
Either person referred to in subsection (3) may be proceeded against and convicted for an offence under subsection (2), as the case requires, whether or not the other person has been proceeded against or convicted for such an offence.
Offences involving allocations under 2 or more access licences A holder of 2 or more access licences that nominate the same water supply work to take water from one or more water sources under this Part—
who intentionally takes water by means of that work from the source or sources concerned in excess of the combined water allocations for the access licences, or
who knows or has reasonable cause to believe that the taking of the water from the source or sources concerned is in excess of the combined water allocations for the access licences,
is guilty of an offence.
Tier 1 penalty.
A holder of 2 or more access licences that nominate the same water supply work to take water from one or more water sources under this part must not take water by means of that work from the water source or sources in excess of the combined water allocations for the access licences.
Maximum penalty—Tier 2 penalty.
Maximum civil penalty—Tier A civil penalty.
A holder of 2 or more access licences that authorise the holder to take water from the same water source under this Part—
who intentionally takes water from the water source in excess of the combined water allocations for the access licences, or
who knows or has reasonable cause to believe that the taking of the water from the water source is in excess of the combined water allocations for the access licences,
is guilty of an offence.
Tier 1 penalty.
A holder of 2 or more access licences that authorise the holder to take water from the same water source under this part must not take water from the water source in excess of the combined water allocations for the access licences.
Maximum penalty—Tier 2 penalty.
Maximum civil penalty—Tier A civil penalty.
If a person who has the control or management of a water supply work takes water by means of that work in contravention of subsection (6), and the water supply work is nominated in relation to an access licence held by some other person, both persons are taken to have contravened that subsection.
Either person referred to in subsection (9) may be proceeded against and convicted for an offence under subsection (6), as the case requires, whether or not the other person has been proceeded against or convicted for such an offence.
This Act’s bill:Explanatory memorandumSecond reading speech
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