Water Management Act 1999

Notwithstanding any other provision of this Part, where the Minister is satisfied that any act or omission by a person in respect of a well may result, directly or indirectly, in the pollution or deterioration, inequitable distribution, loss, wastage or undue depletion of any waters, the Minister may, by order served on the owner or occupier of the land on which the well is situated, direct that owner or occupier to do any one or more of the following:to close and shut off the supply of groundwater from the well in the manner specified in the order; to restrict or limit the amount of water taken from the well to the extent specified in the order; to install and maintain a suitable meter to record the amount of water taken from the well; to discontinue the use of the well, either permanently or for a period specified in the order; to take any action specified in the order to prevent any waste from gaining access to the well or to prevent any pollution of the water in it; to close, or partly or entirely to block or backfill, the well in the manner specified in the order; to use the water withdrawn from the well for such purposes as are specified in the order; to carry out such repairs or modifications to the well as are specified in the order; to discontinue any well works, either permanently or for a period specified in the order.

Unless the Minister otherwise directs in the order, a permit under the Land Use Planning and Approvals Act 1993 is not required to undertake any action specified in the order.

An order under subsection (1) – is to include notification of any rights of review or appeal under Part 14; and is not a statutory rule; and prevails, to the extent of any inconsistency, over any authorisation.

A person must not contravene a provision of an order in force under this section. Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.