New South Wales Consolidated Acts

WATER ACT 1912 - SECT 21B

21B Offences with respect to construction, erection and use of work without licence etc

(1) Any person who:

(a) constructs, erects or uses a work to which this Part extends otherwise than pursuant to a right conferred on the person by this Part or Part 10 or by a licence, group licence, irrigation corporation licence, authority or permit,

(b) fails to comply with any direction given to the person by the Ministerial Corporation to remove the whole or any part of a work to which this Part extends (being a work in respect of which no right conferred by this Part or Part 10 exists and in respect of which no licence, group licence, irrigation corporation licence, authority or permit is in force) which is situated on land owned or occupied by the person, or

(c) fails to comply with any direction given to the person by the Ministerial Corporation to carry out any work which the Ministerial Corporation considers necessary:

(i) to permit the flow of water through or past any work to which this Part extends (being a work in respect of which no right conferred by this Part or Part 10 exists and in respect of which no licence, group licence, irrigation corporation licence, authority or permit is in force) which is situated on land owned or occupied by the person, or

(ii) to prevent the use of any work to which this Part extends (being a work in respect of which no right conferred by this Part or Part 10 exists and in respect of which no licence, group licence, irrigation corporation licence, authority or permit is in force) which is situated on land owned or occupied by the person and which is a work for the diversion or abstraction of water,

is guilty of an offence and is liable, on conviction:

(d) where the offence was committed by a corporation-to a penalty not exceeding 200 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 20 penalty units for each day the offence continues, or

(e) where the offence was committed by any other person-to a penalty not exceeding 100 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 10 penalty units for each day the offence continues.

(2) In any prosecution under this section, proof that a work to which this Part extends has been constructed, erected or used otherwise than pursuant to a right conferred by this Part or Part 10 or a licence, group licence, irrigation corporation licence, authority or permit shall, in the absence of proof to the contrary, be evidence that the construction, erection, use or failure has been caused by the occupier of the land on which the work is situated.

(3) Where a direction referred to in subsection (1) (b) or (c) has been given to an occupier of land and that occupier is not the owner of the land, that occupier may apply to the local land board to apportion between that occupier and the owner of the land the expenses incurred in complying with the direction, and, on any such application being made to it, the local land board may make such apportionment of those expenses as it considers fair and just.