33E

Offences for taking water without a water share

In force

(1)

A person must not knowingly take water from a relevant water source in a declared water system without being authorised to do so under a water share, being a taking that results in—

(a)

land, works or water being seriously damaged; or

(b)

another person suffering substantial economic loss.

Penalty: For an individual, 10 years imprisonment or 1200 penalty units or both;

For a body corporate, 6000 penalty units.

Note to s. 33E(1) inserted by No. 48/2021 s. 72(1).

Note

Section 297A applies to an offence against this subsection.

(2)

A person must not recklessly take water from a relevant water source in a declared water system without being authorised to do so under a water share, being a taking that results in—

(a)

land, works or water being seriously damaged; or

(b)

another person suffering substantial economic loss.

Penalty: For an individual, 5 years imprisonment or 600 penalty units or both;

For a body corporate, 3000 penalty units.

Note to s. 33E(2) inserted by No. 48/2021 s. 72(2).

Note

Section 297A applies to an offence against this subsection.

(3)

A person must not take water from a relevant water source in a declared water system without being authorised to do so under a water share.

Penalty: For an individual, 240 penalty units;

For a body corporate, 1200 penalty units.

Note to s. 33E(3) inserted by No. 48/2021 s. 72(3).

Note

Section 297A applies to an offence against this subsection.

(4)

A person does not commit an offence under subsection (1), (2) or (3) if the person takes water—

(a)

for domestic and stock use from a spring or soak; or

(b)

from a dam, that is water taken from the dam other than for domestic and stock use, being water in the dam—

(i)

that has been taken from another relevant water source under an authorisation to do so under this or any other Act; or

(ii)

that has been collected from a roof; or

(c)

from a dam, that is water taken from the dam for domestic and stock use, other than water in the dam that has been taken from a waterway or aquifer without an authorisation to do so under this or any other Act; or

(d)

under any other authorisation to do so by or under this or any other Act.

(5)

In this section—

relevant water source means any of the following—

(a)

a waterway (including the River Murray);

(b)

an aquifer;

(c)

a spring or soak;

(d)

a dam.

S. 33EA inserted by No. 23/2019 s. 25.

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