Prescribed water infringement offences
6 Prescribed water infringement offences
For the purposes of paragraph (d) of the definition of water infringement offence in section 3(1) of the Act, an offence specified in Column 2 of an item in Table 4 of Schedule 1 is prescribed as a water infringement offence for which an infringement notice may be served.
The infringement penalty specified in Column 3 of an item in Table 4 of Schedule 1 is prescribed in respect of the water infringement offence specified in Column 2 of the corresponding item.
Schedule 1—Water infringement offences and infringement penalties
Regulations 5 and 6
Sch. 1 (Table 1) amended by S.R. No. 150/2025 reg. 5(1).
Table 1—Taking water without a water share
Column 1
| Column 2
| Column 3 Infringement penalty |
|---|---|---|
1 | An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is equal to, or less than, 1 megalitre | 1 penalty unit for an individual 5 penalty units for a body corporate |
2 | An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres | 3 penalty units for an individual 10 penalty units for a body corporate |
3 | An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
4 | An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
5 | An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the total authorised amount; and (b) equal to, or less than, 1 megalitre | 1 penalty unit for an individual 5 penalty units for a body corporate |
6 | An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the total authorised amount; and (b) more than 1 megalitre, and equal to, or less than, 2 megalitres | 3 penalty units for an individual 15 penalty units for a body corporate |
7 | An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the total authorised amount; and (b) more than 2 megalitres, and equal to, or less than, 5 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
8 | An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the total authorised amount; and (b) more than 5 megalitres, and equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
Sch. 1 (Table 2) amended by S.R. No. 150/2025 reg. 5(2).
Table 2—Taking or using water from a non‑declared water system
Column 1
| Column 2
| Column 3 Infringement penalty |
|---|---|---|
1 | An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is equal to, or less than, 1 megalitre | 1 penalty unit for an individual 5 penalty units for a body corporate |
2 | An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres | 3 penalty units for an individual 10 penalty units for a body corporate |
3 | An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
4 | An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
5 | An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) equal to, or less than, 1 megalitre | 1 penalty unit for an individual 5 penalty units for a body corporate |
6 | An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) more than 1 megalitre, and equal to, or less than, 2 megalitres. | 3 penalty units for an individual 15 penalty units for a body corporate |
7 | An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) more than 2 megalitres, and equal to, or less than, 5 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
8 | An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) more than 5 megalitres, and equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
Sch. 1 (Table 3) amended by S.R. No. 150/2025 reg. 5(3)(4).
Table 3—Wrongful taking of water and interference with flow of water
Column 1
| Column 2
| Column 3 Infringement penalty |
|---|---|---|
1 | An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is equal to, or less than, 1 megalitre | 1 penalty unit for an individual 5 penalty units for a body corporate |
2 | An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres | 3 penalty units for an individual 10 penalty units for a body corporate |
3 | An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
4 | An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
5 | An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) equal to, or less than, 1 megalitre | 1 penalty unit for an individual 5 penalty units for a body corporate |
6 | An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) more than 1 megalitre, and equal to, or less than, 2 megalitres | 3 penalty units for an individual 15 penalty units for a body corporate |
7 | An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) more than 2 megalitres, and equal to, or less than, 5 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
8 | An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) more than 5 megalitres, and equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
9 | An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering by taking or diverting an amount of water that is equal to, or less than, 1 megalitre | 1 penalty unit for an individual 5 penalty units for a body corporate |
10 | An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres | 3 penalty units for an individual 10 penalty units for a body corporate |
11 | An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
12 | An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
13 | An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) equal to, or less than, 1 megalitre | 1 penalty unit for an individual 5 penalty units for a body corporate |
14 | An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) more than 1 megalitre, and equal to, or less than, 2 megalitres | 3 penalty units for an individual 15 penalty units for a body corporate |
15 | An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) more than 2 megalitres, and equal to, or less than, 5 megalitres | 6 penalty units for an individual 30 penalty units for a body corporate |
16 | An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is— (a) equal to, or less than, 20% of the authorised amount; and (b) more than 5 megalitres, and equal to, or less than, 10 megalitres | 12 penalty units for an individual 60 penalty units for a body corporate |
Sch. 1 (Table 4) amended by S.R. Nos 86/2024 reg. 3, 150/2025 reg. 5(5)(6).
Table 4—Further water infringement offences
Column 1
| Column 2
| Column 3 Infringement penalty |
|---|---|---|
1 | An offence against section 55A of the Act | 12 penalty units for an individual 60 penalty units for a body corporate |
1A | An offence against section 64FZB(3) of the Act constituted by the person to whom a restriction determination under Subdivision 3 of Division 2 of Part 4AA of the Act applies, by taking an amount of water during the period of time specified in the determination at an average rate that exceeds the rate determined in accordance with the restriction determination, that is less than an average rate of 2 megalitres per day during the period of time specified in the determination | 12 penalty units for an individual 60 penalty units for a body corporate |
1B | An offence against section 64FZB(3) of the Act constituted by the person to whom a prohibition determination under Subdivision 3 of Division 2 of Part 4AA of the Act applies, by taking an amount of water in contravention of the prohibition determination, that is less than an average of 2 megalitres per day during the period of time specified in the determination | 12 penalty units for an individual 60 penalty units for a body corporate |
2 | An offence against section 70A of the Act | 12 penalty units for an individual 60 penalty units for a body corporate |
3 | An offence against section 170F(1) of the Act | 1 penalty unit |
3A | An offence against section 288(3) of the Act constituted by the person destroying, damaging, removing, altering or interfering with a water meter or associated works of an Authority without the consent of the Authority or another authorisation | 12 penalty units for an individual 60 penalty units for a body corporate |
4 | An offence against regulation 6 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 5 penalty units for an individual 10 penalty units for a body corporate |
5 | An offence against regulation 12 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 5 penalty units for an individual 10 penalty units for a body corporate |
6 | An offence against regulation 14(6) of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 0∙75 penalty units for an individual 1∙5 penalty units for a body corporate |
7 | An offence against regulation 17(1) of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 5 penalty units for an individual 10 penalty units for a body corporate |
8 | An offence against regulation 17(2) of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 3 penalty units for an individual 6 penalty units for a body corporate |
9 | An offence against regulation 18 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 5 penalty units for an individual 10 penalty units for a body corporate |
10 | An offence against regulation 19 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 5 penalty units for an individual 10 penalty units for a body corporate |
11 | An offence against regulation 20 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 3 penalty units for an individual 6 penalty units for a body corporate |
12 | An offence against regulation 21 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 3 penalty units for an individual 6 penalty units for a body corporate |
13 | An offence against regulation 22 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 3 penalty units for an individual 6 penalty units for a body corporate |
14 | An offence against regulation 23 of the Water (Lake Eildon Recreational Area) (Houseboats) Regulations 2024 | 1 penalty unit for an individual 2 penalty units for a body corporate |
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