New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 60A

60A Taking water without, or otherwise than authorised by, an access licence

(1) A person:

(a) who takes water from a water source to which this Part applies, and

(b) who does not hold an access licence for that water source, and

(c) who intentionally or negligently takes that water without obtaining an access licence for that water source,

is guilty of an offence.

Penalty: Tier 1 penalty.

(2) A person:

(a) who takes water from a water source to which this Part applies, and

(b) who does not hold an access licence for that water source,

is guilty of an offence.

Penalty: Tier 2 penalty.

(3) A holder of an access licence:

(a) who takes water from a water source to which this Part applies otherwise than as authorised by the licence, and

(b) who intentionally or negligently takes that water without obtaining an access licence that authorises the taking of that water,

is guilty of an offence.

Penalty: Tier 1 penalty.

(4) A holder of an access licence who takes water from a water source to which this Part applies otherwise than as authorised by the licence is guilty of an offence.

Penalty: Tier 2 penalty.

(5) Without limiting subsections (3) and (4), a person takes water otherwise than as authorised by an access licence if the person takes water while the licence is suspended.

(6) Without limiting subsections (3), (4) and (5), a person takes water otherwise than as authorised by a supplementary water access licence if the person takes water otherwise than in accordance with the terms of an order in force under section 70.

(7) It is a defence to a prosecution under this section in relation to the taking of water from a water source to which this Part applies if the accused person establishes that the water was taken:

(a) by means of a nominated water supply work for that water source, or

(b) by means of a water supply work that, at all material times, was nominated in relation to the interstate equivalent of an access licence,

and was otherwise taken in accordance with the terms and conditions of the access licence in connection with which it is nominated.

(8) The defence established by subsection (7) (b) is not available unless the Minister has been duly notified that the relevant water supply work has been nominated as referred to in that paragraph.