Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A person shall not, unless authorised by or under this Act, construct or alter a dam, water storage or other water control structure in a waterway or in such a way as to affect the flow or likely flow of water in a waterway.
Penalty: For a first offence – $2,000.
For a second or subsequent offence – not less than $2,000 or more than $10,000.
Default penalty: $200.
(2) Notwithstanding that the right to the use and flow, and to the control, of all water in the Territory is, by virtue of section 9(2) , vested in the Territory, the owner or occupier of land may:
(a) drain the land in accordance with this Act and the Soil Conservation and Land Utilisation Act ; or
(b) for the retention or conservation of water for use on the land, construct, operate, maintain, repair or alter a dam or other water storage or works (other than prescribed works) not in a waterway,
if the flow or likely flow of water in or into a waterway is not materially diminished or increased thereby.
(3) In a proceeding for an offence against subsection (1), proof of the existence of a dam, water storage or water control structure (other than a dam, water storage or structure permitted under subsection (2)) on the land is prima facie evidence that the dam or water storage was, or prescribed works were, constructed in contravention of subsection (1) at the time that the dam, water storage, or water control structure, are proved to have existed.