(1) Except where the Ministerial Corporation in any particular case otherwise
determines, a person shall not take any water from a water source which is
subject to a scheme by means of a work authorised by an entitlement unless
there is connected to the work a water meter, or other measuring device, which
has been approved by the Ministerial Corporation.
Maximum penalty: 200 penalty
units in the case of a corporation and 100 penalty units in any other case.
(2) A person who:
(a) intentionally, fraudulently or by culpable negligence:
(i) damages a water meter or other measuring device connected to a work
referred to in subsection (1),
(ii) prevents any such meter or measuring
device from recording the quantity of water taken through or by means of the
work, or uses any means whereby water so taken is not recorded by the meter or
measuring device, or
(iii) without the consent of the Ministerial Corporation
given in writing, interferes with any such meter or measuring device, or
(b)
being the holder of the entitlement in respect of the work, permits, suffers
or directs any other person to do any of the acts specified in paragraph (a),
is guilty of an offence and is liable, on conviction:
(c) where the offence
was committed by a corporation--to a penalty not exceeding 200 penalty units,
or
(d) where the offence was committed by any other person--to a penalty not
exceeding 100 penalty units or to imprisonment for a term not exceeding 12
months, or both.
(3) In any prosecution for an offence under subsection (2),
proof of the existence of:
(a) any means for preventing a meter or measuring
device from recording the quantity of water taken through or by means of the
work to which the meter or measuring device is connected, or
(b) any means
whereby water is taken through or by means of the work without being recorded
by the meter or measuring device,
shall be admissible as evidence that the
prevention or, as the case may be, the use of the means was caused by the
holder of the entitlement authorising the use of the work.
