Defences
63 Defences
It is a defence to prosecution for an offence against section 61(3)(a) or an offence against section 61(3)(b) comprising the failure to use the services of a licensed well driller or a person supervised by a licensed well driller (see section 62(6))—
to prove—
that the well had been drilled before the commencement of this Act and had been used both before and after that date solely or predominantly for the purpose of draining or discharging water directly or indirectly into the groundwater mound or the underground water accumulating above the layer of
Blanchetown Clay in the Scheme Area; and
that the annual quantity of water draining or discharging directly or indirectly into the groundwater mound or the underground water accumulating above the layer of Blanchetown Clay has not increased since the commencement of this Act; or
to prove that the well is of a class specified by or under
Schedule
3; or
to prove that the person who carried out the work was the owner of the land on which the well is situated or was the employee of the owner of that land and that—
the well gives access to underground water the surface of which is at atmospheric pressure and the total dissolved salts of which exceed
1 800 milligrams per litre; and
the work was carried out solely for the purposes of maintenance and did not involve—
substantial alteration to the casing, lining or screen of the well or the replacement of the casing, lining or screen with a casing, lining or screen of substantially different design or specifications; or
a substantial repositioning of the casing, lining or screen;
or
deepening the well by more than 1.5 metres; or
to prove that—
the work comprising the alleged offence was carried out to prevent or reduce pollution of water in the well and that in the circumstances it was unreasonable to expect the defendant—
to have obtained a permit; or
to have obtained the services of a licensed well driller;
and
the work was carried out in accordance with the regulations (if any); and
the Trust was given written notice of the work as soon as practicable after it was completed; or
to prove that—
the work comprising the alleged offence was carried out pursuant to a permit issued by the Trust; and
the work comprising the alleged offence was carried out by or under the supervision of the owner of the land on which the well is situated;
and
at the time of the alleged offence the well was not more than
15 metres in depth (or such other depth as may be prescribed by regulation); and
the work was carried out in accordance with the regulations (if any).
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