Water Act 1992

Maximum penalty: 500 penalty units.

(2) An offence against subsection (1) is an offence of strict liability.

(b) the conduct interferes with a waterway and the person is reckless in relation to the result; and

(c) the person is not authorised under this Act to interfere with the waterway.

Maximum penalty: 1 000 penalty units or imprisonment for 2 years.

(5) It is a defence to a prosecution for an offence against subsection (1) or (3) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.

(6) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (5).

(7) For subsections (1)(b) and (3)(c), a right, permit or licence under section 10, 11, 14, 41, 45, 60 or 67 authorises a person to interfere with a waterway to the extent that the person's conduct is in accordance with the right, permit or licence.

(8) In a proceeding for an offence against this section, proof of the existence of a structure or obstruction on land, or on, in or below a waterway, is evidence that the waterway was interfered with if the structure or obstruction was capable of interfering with the waterway.

(9) Subsections (1) and (3) do not apply if the Minister exempts the interference with a waterway under subsection (10).

(10) The Minister may, by Gazette notice, exempt a class of interference with a waterway from the application of subsections (1) and (3) and those subsections cease to apply to, or in relation to, interferences of that class on and from the day the notice is published in the Gazette.