WATER ACT 1989 - SECT 64FZI Offence for particular place of take approval

WATER ACT 1989 - SECT 64FZI

    (1)     A person must not knowingly take water under a relevant water allocation from an approved place in a declared water system unless the person has a particular place of take approval to take water under that relevant water allocation from that place, 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

Section 297A applies to an offence against this subsection.

    (2)     A person must not recklessly take water under a relevant water allocation from an approved place in a declared water system unless the person has a particular place of take approval to take water under that relevant water allocation from that place, 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

Section 297A applies to an offence against this subsection.

    (3)     A person must not take water under a relevant water allocation from an approved place in a declared water system unless the person has a particular place of take approval to take water under that relevant water allocation from that place.

Penalty:     For an individual, 240 penalty units;

    For a body corporate, 1200 penalty units.

Note

Section 297A applies to an offence against this subsection.

S. 64FZJ inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13).