Australian Capital Territory Numbered Acts

WATER RESOURCES ACT 2007 (NO. 19 OF 2007) - SECT 28

    (1)     A person commits an offence if the person—

        (a)     takes surface water or ground water from a place; and

        (b)     does not have a licence to take the water from the place.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     A person who is the owner or occupier of land commits an offence if the person—

        (a)     takes ground water from a bore on the land; and

        (b)     does not have a licence to take the ground water.

Maximum penalty: 50 penalty units.

    (3)     An offence against subsection (2) is a strict liability offence.

    (4)     A person commits an offence if the person—

        (a)     in the conduct of a business carrying or extracting water, takes surface water from a place; and

        (b)     does not have a licence to take the surface water.

Maximum penalty: 50 penalty units.

    (5)     An offence against subsection (4) is a strict liability offence.

    (6)     This section does not apply to—

        (a)     the taking of water from a waterway—

              (i)     for camping or similar purposes; or

              (ii)     for watering travelling stock; or

Examples—par (a) (i)

1     bushwalking

2     picnicking

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

        (b)     the taking of rainwater from a rainwater tank that has been installed in accordance with the approval (if any) required under the Planning and Development Act 2007 , chapter 7 (Development approvals); or

        (c)     the owner or occupier of land on or immediately adjacent to which there is a waterway who takes water from the waterway, or surface water from the land, for stock or domestic use; or

        (d)     the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of protecting life or property, or controlling, extinguishing or preventing the spread of a fire; or

        (e)     the taking of water by a person who is exempt under a regulation from the requirement to have a licence.

    (7)     In this section:

"relevant person "means—

        (a)     the chief officer (fire brigade); or

        (b)     any other member of the fire brigade; or

        (c)     the chief officer (rural fire service); or

        (d)     any other member of the rural fire service; or

        (e)     a police officer; or

        (f)     any other person under the control of the chief officer (fire brigade) or the chief officer (rural fire service).