91A Using water without, or otherwise than as authorised by, a water use approval
(1) A person:(a) who uses water from a water source to which this Part applies, and(b) who does not hold a water use approval for that use,is guilty of an offence.Tier 2 penalty.
(2) A holder of a water use approval who uses water from a water source to which this Part applies:(a) otherwise than as authorised by the approval, or(b) if an access licence specifies or restricts the purposes for which the water may be used, otherwise than as authorised by the licence,is guilty of an offence.Tier 2 penalty.
(3) Without limiting subsection (2), a person uses water otherwise than as authorised by a water use approval if the person uses water while the approval is suspended.(4) It is a defence to a prosecution under subsection (1) if the accused person establishes that the water was used pursuant to a basic landholder right.(5) It is a defence to a prosecution under subsection (2) if the accused person establishes:(a) that the contravention of the subsection was caused by another person, and(b) that the other person was not associated with the accused person at the time the subsection was contravened, and(c) that the accused person took all reasonable steps to prevent the commission of the offence.A person is associated with the accused person for the purposes of this subsection (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the accused person.
91B Constructing or using water supply work without, or otherwise than as authorised by, a water supply work approval
(1) A person:(a) who constructs or uses a water supply work, and(b) who does not hold a water supply work approval for that work,is guilty of an offence.Tier 2 penalty.
(2) A holder of a water supply work approval who constructs or uses a water supply work otherwise than as authorised by the approval is guilty of an offence.Tier 2 penalty.
(3) Without limiting subsection (2), a person constructs or uses a water supply work otherwise than as authorised by a water supply work approval if the person constructs or uses such a work while the approval is suspended.(4) This section does not prevent a person from constructing or using a drainage work or flood work in accordance with a drainage work approval or flood work approval.(5) It is a defence to a prosecution under subsection (1) if the accused person establishes that the water supply work was constructed or used pursuant to a basic landholder right.
91C Constructing or using drainage work without, or otherwise than as authorised by, a drainage work approval
(1) A person:(a) who constructs or uses a drainage work, and(b) who does not hold a drainage work approval for that work,is guilty of an offence.Tier 2 penalty.
(2) The holder of a drainage work approval who constructs or uses a drainage work otherwise than as authorised by the approval is guilty of an offence.Tier 2 penalty.
(3) Without limiting subsection (2), a person constructs or uses a drainage work otherwise than as authorised by a drainage work approval if the person constructs or uses such a work while the approval is suspended.(4) This section does not prevent a person from constructing or using a water supply work or flood work in accordance with a water supply work approval or flood work approval.
91D Constructing or using flood work without, or otherwise than as authorised by, a flood work approval
(1) A person:(a) who constructs or uses a flood work, and(b) who does not hold a flood work approval for that work,is guilty of an offence.Tier 2 penalty.
(2) The holder of a flood work approval who constructs or uses a flood work in or in the vicinity of a river or lake, or within a floodplain, otherwise than as authorised by the approval is guilty of an offence.Tier 2 penalty.
(3) Without limiting subsection (2), a person constructs or uses a flood work otherwise than as authorised by a flood work approval if the person constructs or uses such a work while the approval is suspended.(4) This section does not prevent a person from constructing or using a water supply work or drainage work in accordance with a water supply work approval or drainage work approval.
91E Carrying out controlled activity without, or otherwise than as authorised by, a controlled activity approval
(1) A person:(a) who carries out a controlled activity in, on or under waterfront land, and(b) who does not hold a controlled activity approval for that activity,is guilty of an offence.Tier 2 penalty.
(2) The holder of a controlled activity approval who carries out a controlled activity in, on or under waterfront land otherwise than as authorised by the approval is guilty of an offence.Tier 2 penalty.
(3) Without limiting subsection (2), a person carries out a controlled activity otherwise than as authorised by a controlled activity approval if the person carries out such an activity while the approval is suspended.(4) This section does not prevent a person:(a) from constructing and using a water management work in accordance with a water management work approval, or(b) from carrying out an aquifer interference activity in accordance with an aquifer interference approval.
91F Carrying out aquifer interference activity without, or otherwise than as authorised by, an aquifer interference approval
(1) A person:(a) who carries out an aquifer interference activity, and(b) who does not hold an aquifer interference approval for that activity,is guilty of an offence.Tier 2 penalty.
(2) The holder of an aquifer interference approval who carries out an aquifer interference activity otherwise than as authorised by the approval is guilty of an offence.Tier 2 penalty.
(3) Without limiting subsection (2), a person carries out an aquifer interference activity otherwise than as authorised by an aquifer interference approval if the person carries out such an activity while the approval is suspended.(4) This section does not prevent a person:(a) from constructing and using a water management work in accordance with a water management work approval, or(b) from carrying out a controlled activity in accordance with a controlled activity approval, or(c) from using a building or work that has been erected or carried out in accordance with a controlled activity approval.
91G Contravention of terms and conditions of approval
(1) A person (other than the holder) who uses water, constructs or uses a water management work or carries out a controlled activity or an aquifer interference activity, pursuant to an approval is guilty of an offence if the person contravenes any term or condition of the approval.Tier 2 penalty.
(2) If any term or condition of an approval is contravened by any person, each holder of the approval is guilty of an offence.Tier 2 penalty.
(3) It is a defence to a prosecution under subsection (2) if the accused person establishes:(a) that the contravention of the term or condition was caused by another person, and(b) that the other person was not associated with the holder at the time the term or condition was contravened, and(c) that the holder took all reasonable steps to prevent the contravention of the term or condition.A person is associated with the holder for the purposes of this subsection (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the holder.
91H Failure to install or maintain metering equipment
(1) A person is guilty of an offence if the person fails to install any metering equipment that, pursuant to:(a) the conditions of an access licence or approval, or(b) a direction under section 326,the person is required to install in connection with a water supply work or drainage work.Tier 2 penalty.
(2) A person is guilty of an offence if the person fails to ensure the proper operation of any metering equipment that, pursuant to:(a) the conditions of an access licence or approval, or(b) a direction under section 326,the person is required to install in connection with a water supply work or drainage work.Tier 2 penalty.
91I Taking water when metering equipment not working
(1) A person who takes water from a water source to which this Part applies by means of a metered work while its metering equipment is not operating properly or is not operating and:(a) who intentionally or negligently fails to ascertain whether the metering equipment is not operating properly or is operating, or(b) who knows or has reasonable cause to believe that the metering equipment is not operating properly or is not operating,is guilty of an offence.Tier 1 penalty.
(2) A person who takes water from a water source to which this Part applies by means of a metered work while its metering equipment is not operating properly or is not operating is guilty of an offence.Tier 2 penalty.
(3) Subsection (2) does not apply if:(a) the person is authorised by the Minister in writing to take water by means of a metered work while its metering equipment is not operating properly or is not operating, and(b) the water is taken in accordance with any conditions specified in the authorisation and any requirements prescribed by the regulations for the purposes of this subsection.(4) In this section, metered work means a water management work in connection with which metering equipment has been installed.
91J Failure to keep metering records
A person is guilty of an offence if the person fails to keep metering records that, pursuant to:(a) the conditions of an access licence or approval, or(b) a direction under section 326,the person is required to keep in connection with a water supply work or drainage work.Tier 2 penalty.
(1) A person is guilty of an offence if the person interferes with, damages, destroys or disconnects any metering equipment that has been installed in connection with a water supply work or drainage work, and does so intentionally or recklessly.Tier 1 penalty.
(2) A person is guilty of an offence if the person interferes with, damages, destroys or disconnects any metering equipment that has been installed in connection with a water supply work or drainage work.Tier 2 penalty.
(3) Without limiting subsections (1) and (2), a person interferes with metering equipment if the person unseals any sealed component of the equipment, blocks any part of the equipment, attaches to the equipment any device that is likely to affect the operation of the equipment or disconnects the equipment from its source of power.(4) This section does not apply to anything:(a) that a duly qualified person, or a person specified under section 326 (2A), does to metering equipment (other than metering equipment that may only be maintained, repaired, modified or replaced by the Ministerial Corporation or the State Water Corporation) for the sole purpose of maintaining, repairing or replacing the equipment, or(b) that is done to metering equipment by or with the written authority of the Ministerial Corporation or the State Water Corporation under this Act or the State Water Corporation Act 2004, or(c) that is done to metering equipment by or on behalf of the holder of the water supply work approval or drainage work approval solely for the purposes of complying with any requirements of regulations made under this Division.(5) In this section, duly qualified person means a person who has such qualifications, skills and experience as are prescribed by the regulations.
91L Liability of occupier of premises for certain offences
(1) The occupier of premises at which:(a) a water management work has been constructed or used in contravention of a provision of this Division, or(b) a controlled activity or aquifer interference activity has been carried out in contravention of a provision of this Division,is taken to have contravened that provision.(2) However, subsection (1) does not apply if it is established that:(a) the work was constructed or used, or the activity was carried out, by a person other than the occupier, and(b) the other person was not associated with the occupier at the time the work was constructed or used or the activity was carried out, and(c) the occupier took all reasonable steps to prevent the work being constructed or used or the activity being carried out.A person is associated with the occupier for the purposes of paragraph (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the occupier.
(3) Subsection (1) does not prevent proceedings being taken under this Act against the person who actually committed the offence.
(1) It is a defence to a prosecution under this Division in relation to a Tier 1 offence if the accused person establishes:(a) that the commission of the offence was due to causes over which the person had no control, and(b) that the person took reasonable precautions and exercised due diligence to prevent the commission of the offence.(2) It is a defence to a prosecution under this Division in relation to the doing of anything without an approval if the accused person establishes that the person was exempt, pursuant to this Act or the regulations, from any requirement for an approval in relation to the doing of that thing.(3) This Division does not prevent a person from doing anything pursuant to an entitlement in force under the Water Act 1912, where entitlement has the same meaning as it has in Schedule 10.
91N Corporations not required to hold approvals
Nothing in sections 91A–91D requires the Ministerial Corporation or the State Water Corporation to obtain an approval for the construction or use of metering equipment.