Construction of well or well pad near designated bore
112 Construction of well or well pad near designated bore
(1) Subject to subsection (4), a permittee or licensee must not construct a well or well pad within 1 km of a designated bore.
(2) A permittee or licensee commits an offence if the permittee or licensee undertakes construction in contravention of subsection (1).
Maximum penalty: 200 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
(4) A permittee or licensee is exempt from subsection (1) if given written approval to undertake the construction by:
(a) the owner of the land or, if the occupier of the land has, in the land, an interest registered on the Register kept by the Registrar-General under Part 3 of the Land Title Act 2000, the occupier; and
(b) any registered native title bodies corporate, or registered native title claimants, in relation to the land; and
the owner of the designated bore.
Note for subsection (4)
The defendant has an evidential burden in relation to the matters in subsection (4) (see section 43BU of the Criminal Code).
In this section:
designated bore, see section 60A(3) of the Water Act 1992.
owner, of a designated bore, see section 60A(3) of the Water Act 1992.
This Act’s bill:Second reading speech
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