Taking surface water without authorisation
44 Taking surface water without authorisation
A person commits an offence if the person:
takes water; and
is not authorised under this Act to take the water.
Maximum penalty: 500 penalty units.
Note for subsection (1)
Take, in relation to water, is defined in section 4(1).
A person commits an offence if the person:
intentionally takes water; and
is not authorised under this Act to take the water.
Maximum penalty: 1 000 penalty units or imprisonment for 2 years.
Note for subsection (2)
Take, in relation to water, is defined in section 4(1).
Strict liability applies to subsections (1) and (2)(b).
(4) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
(5) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (4).
(6) In a proceeding for an offence against this section, proof of the existence on land of a channel or other means (including mechanical means) by which water may be taken is evidence that water was taken while the channel or other means existed.
(7) Subsections (1) and (2) do not apply if the Administrator declares under subsection (8) that they do not apply.
(8) The Administrator may, on the recommendation of the Minister, declare by Gazette notice that subsections (1) and (2) do not apply to taking water:
of a specified class, kind, description or volume; or
at a specified rate or for a specified purpose.
This Act’s bill:Second reading speech
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