WATER ACT 2000 - SECT 788 Making enforcement order

WATER ACT 2000 - SECT 788

788 Making enforcement order

(1) The court may make an enforcement order if the court is satisfied the offence—

(a) has been committed; or

(b) will be committed unless restrained.

(2) If the court is satisfied the offence has been committed, the court may make either or both of the following orders—

(a) an enforcement order whether or not there has been a prosecution for the offence;

(b) an order for exemplary damages.

(3) In considering whether to make an order for exemplary damages, the court may consider—

(a) any impact on water available to other water entitlement holders and natural ecosystems, resulting, or likely to result, because of the commission of the offence; and

(b) any effect on a watercourse, lake, spring, aquifer or water quality; and

(c) any financial saving or other benefit the person who committed the offence received or is likely to receive because of the commission of the offence.

(4) If an order is made for exemplary damages, the amount of the damages must be paid to the consolidated fund.