Water Management Act 2000

If satisfied on the balance of probabilities that a person has taken water from a water source to which this Part applies in contravention of this Division, the Minister may do either or both of the following—

impose on the person a charge, including a penalty component, for the water taken,

if the person holds an access licence—order that the water allocations credited, or to be credited, to the water allocation account for the licence be debited, including a penalty debit, for the water taken.

Action under this section may not be taken against a person unless the Minister—

has given written notice to the person that the Minister proposes to take such action, and

has given the person 28 days, or the longer period determined by the Minister, to make submissions, and

has taken any such submissions into consideration.

A charge imposed by the Minister under subsection (1)(a) must be—

no less than the value of the water taken, and

no more than 5 times the value of the water taken.

A debit ordered by the Minister under subsection (1)(b) must be for—

no less than the volume of the water taken, and

no more than 5 times the volume of the water taken.

In taking action under this section for a contravention of this division, the Minister—

may determine the volume of water taken in accordance with a prescribed methodology, and

must determine the value of the water taken in accordance with a prescribed methodology, and

must take the following matters into account—

the harm or potential harm to other water users, or the environment, reasonably attributable to the contravention,

an estimate of the monetary benefit obtained by the person,

matters that aggravate or mitigate the contravention,

whether or not the person has admitted the contravention,

whether the person has previously been found by a court to have engaged in similar conduct,

whether the person has previously received a penalty under this section,

the maximum amount that could be imposed by a court as a Tier 2 penalty for the contravention, not including an amount that could be imposed for a continuing offence,

matters prescribed by the regulations.

When estimating a monetary benefit for subsection (5)(c)(ii), the Minister may take into account the matters the Land and Environment Court may take into account under section 353F(2).

The Minister—

may impose a charge or order a debit under this section whether or not a charge has been imposed on the person under section 91O for substantially the same conduct, and

must not impose a charge or order a debit under this section if the person—

has been found guilty of an offence for the same conduct, or

has been made the subject of a civil penalty order for the same conduct.

A charge or debit under this section must be imposed within 3 years after the later of—

the day the contravention occurred, or

the day evidence of the contravention first came to the attention of an authorised officer.