Offences for taking or using water from a non‑declared water system
63 Offences for taking or using water from a non‑declared water system
A person must not knowingly take or use water from a relevant water source in a non‑declared water system without being authorised to do so by or under this or any other Act, being a taking or using that results in—
land, works or water being seriously damaged; or
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. 63(1) inserted by No. 48/2021 s. 75(1).
Note
Section 297A applies to an offence against this subsection.
A person must not recklessly take or use water from a relevant water source in a non‑declared water system without being authorised to do so by or under this or any other Act, being a taking or using that results in—
land, works or water being seriously damaged; or
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. 63(2) inserted by No. 48/2021 s. 75(2).
Note
Section 297A applies to an offence against this subsection.
A person must not take or use water from a relevant water source in a non-declared water system without being authorised to do so by or under this or any other Act.
Penalty: For an individual, 240 penalty units;
For a body corporate, 1200 penalty units.
Note to s. 63(3) inserted by No. 48/2021 s. 75(3).
Note
Section 297A applies to an offence against this subsection.
A person does not commit an offence under subsection (1), (2) or (3) if the person takes or uses water—
from a spring or soak for domestic and stock use; or
from a dam, that is water taken or used other than for domestic and stock use, being water in the dam—
that has been taken from another relevant water source under an authorisation to do so under this or any other Act; or
that has been collected from a roof; or
from a dam, that is water taken or used for domestic and stock use, other than water in the dam that has been taken from an aquifer or a waterway (within the meaning of the definition of relevant water source) without an authorisation to do so under this or any other Act.
In this section—
relevant water source means any of the following—
a waterway including—
the River Murray; and
any collection of water which is from time to time replenished in whole or in part by water coming by a natural sub-surface path from a waterway;
an aquifer;
a spring or soak;
a dam.
S. 63A inserted by No. 23/2019 s. 30.
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