Recharging aquifer without authorisation
66 Recharging aquifer without authorisation
A person commits an offence if the person:
(a) engages in conduct that results in the increase of the volume of water in an aquifer; and
(b) is not authorised under this Act to increase the volume of water in the aquifer.
Maximum penalty: 500 penalty units.
A person commits an offence if:
the person intentionally engages in conduct; and
(b) the conduct results in the increase of the volume of water in an aquifer and the person is reckless in relation to the result; and
(c) the person is not authorised under this Act to increase the volume of water in the aquifer.
Maximum penalty: 1 000 penalty units or imprisonment for 2 years.
Strict liability applies to subsections (1) and (2)(c).
(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 means by which the volume of water contained in an aquifer is capable of being increased is evidence that the volume of water contained in an aquifer was increased in contravention of this section at the time those means are proved to have existed.
This Act’s bill:Second reading speech
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