Taking groundwater without authorisation
59 Taking groundwater without authorisation
A person commits an offence if the person:
takes water from a bore; 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 from a bore; 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 pumping equipment or other prescribed means by which water may be taken from a bore is evidence that water was taken in contravention of this section at the time the equipment or those means are proved to have existed.
This Act’s bill:Second reading speech
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