New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 60C

60C Taking water for which there is no, or insufficient, water allocation

(1) A person:

(a) who takes water from a water source to which this Part applies when there is no water credited to the access licence by which the taking of water from that water source is authorised, and

(b) who intentionally or negligently fails to ascertain whether there is any water credited to that access licence,

is guilty of an offence.

Penalty: Tier 1 penalty.

(2) A person who takes water from a water source to which this Part applies when there is no water credited to the access licence by which the taking of water from that water source is authorised is guilty of an offence.

Penalty: Tier 2 penalty.

(3) A person:

(a) who takes more water from a water source to which this Part applies than is credited to the access licence by which the taking of water from that water source is authorised, and

(b) who intentionally or negligently fails to ascertain whether there is sufficient water credited to that access licence,

is guilty of an offence.

Penalty: Tier 1 penalty.

(4) A person who takes more water from a water source to which this Part applies than is credited to the access licence by which the taking of water from that water source is authorised is guilty of an offence.

Penalty: Tier 2 penalty.

(5) If a person who has the control or management of a water supply work takes water by means of that work in contravention of subsection (2) or (4), and the water supply work is nominated in relation to an access licence held by some other person, both persons are taken to have contravened that subsection.

(6) Either person referred to in subsection (5) may be proceeded against and convicted for an offence under subsection (2) or (4), as the case requires, whether or not the other person has been proceeded against or convicted for such an offence.