Northern Territory Consolidated Acts

WATER ACT - SECT 16

    (1)     In this section, "water" means:

        (a)     water flowing or contained in a waterway;

        (b)     ground water; or

        (c)     tidal water.

    (2)     A person shall not, unless authorised to do so by or under this or any other law in force in the Territory and in accordance with that authorisation, wilfully cause, either directly or indirectly:

        (a)     waste to come into contact with water; or

        (b)     water to be polluted,

causing serious environmental harm.

    (2A)     An offence against subsection (2) is an environmental offence level 1.

    (2B)     A person shall not, unless authorised to do so by or under this or any other law in force in the Territory and in accordance with that authorisation, cause, either directly or indirectly:

        (a)     waste to come into contact with water; or

        (b)     water to be polluted,

causing serious environmental harm.

    (2C)     An offence against subsection (2B) is an environmental offence level 2.

    (2D)     A person shall not, unless authorised to do so by or under this or any other law in force in the Territory and in accordance with that authorisation, cause, either directly or indirectly:

        (a)     waste to come into contact with water; or

        (b)     water to be polluted,

causing material environmental harm.

    (2E)     An offence against subsection (2D) is an environmental level 3 offence.

    (2F)     A person shall not, unless authorised to do so by or under this or any other law in force in the Territory and in accordance with that authorisation, cause, either directly or indirectly:

        (a)     waste to come into contact with water; or

        (b)     water to be polluted.

    (2G)     An offence against subsection (2F) is an environmental offence level 4.

    (3)     In a proceeding for an offence against this section, proof of the existence on land of a drain, pond, dump or other means (including mechanical means) whereby waste is capable of being conveyed, retained or deposited in such a manner as to come into contact directly or indirectly with water is prima facie evidence that waste came into contact with such water at the time that such drain, pond, dump or other means existed.

Default penalty:     $500 or, in the case of a body corporate, $2,500.