Northern Territory Consolidated Acts

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WATER ACT - SECT 56

Prohibition of unlawful construction, &c.

    (1)     A person shall not, unless authorised by or under this Act, cause, suffer or permit:

        (a)     a bore to be drilled, constructed, altered, plugged, backfilled or sealed off;

        (b)     the casing, lining or screen of a bore to be removed, replaced, altered, slotted or repaired;

        (c)     a bore (whether in the course of construction or not) to be deepened; or

        (d)     work to be carried out in relation to a bore in respect of which the Administrator has, by notice under section 47, declared that a provision of this Part does not apply, if the work will result in the provision then applying to the bore.

Penalty:     For a first offence – $5,000.

    For a second or subsequent offence – not less than $5,000 or more than $10,000.

    (2)     It is a defence to a prosecution for an offence against subsection (1) if it is proved that:

        (a)     the work by which it is alleged the offence was committed was urgently required to prevent pollution or deterioration of the water in a bore;

        (b)     in the circumstances it was not reasonably practicable to apply for a permit under section 57;

        (c)     as soon as practicable after the work was commenced the Controller was informed of the nature of the work; and

        (d)     the regulations, if any, relating to work carried out in those circumstances were complied with.



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