Using water without, or otherwise than as authorised by, a water use approval
91A Using water without, or otherwise than as authorised by, a water use approval
A person must not use water from a water source to which this part applies unless the person holds a water use approval for the use.
Maximum penalty—Tier 2 penalty.
Maximum civil penalty—Tier C civil penalty.
A holder of a water use approval must not use water from a water source to which this part applies—
other than as authorised by the approval, or
if an access licence specifies or restricts the purposes for which the water may be used—other than as authorised by the licence.
Maximum penalty—Tier 2 penalty.
Maximum civil penalty—Tier C civil penalty.
Without limiting subsection (2), a person uses water otherwise than as authorised by a water use approval if the person uses water while the approval is suspended.
It is a defence to a prosecution, or proceedings for a contravention of a civil penalty provision, under subsection (1) if the accused person establishes that the water was used pursuant to a basic landholder right.
It is a defence to a prosecution, or proceedings for a contravention of a civil penalty provision, under subsection (2) if the accused person establishes—
that the contravention of the subsection was caused by another person, and
that the other person was not associated with the accused person at the time the subsection was contravened, and
that the accused person took all reasonable steps to prevent the commission of the offence.
A person is associated with the accused person for the purposes of this subsection (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the accused person.
This Act’s bill:Explanatory memorandumSecond reading speech
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