Australian Capital Territory Numbered Acts

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WATER RESOURCES ACT 2007 (NO. 19 OF 2007) - SECT 76

Directions in relation to bores

    (1)     This section applies if the authority is satisfied that something done or not done in relation to a bore may result, directly or indirectly, in the pollution or deterioration, inequitable distribution, loss, wastage or undue depletion of water, or unlicensed taking of water.

    (2)     The authority may give the owner or occupier of the land where the bore is located a written direction to do 1 or more of the following:

        (a)     shut off the supply of ground water from the bore in the way stated in the direction;

        (b)     restrict or limit the amount of water taken from the bore to the extent stated in the direction;

        (c)     install and maintain a suitable meter to record the amount of water taken or discharged from the bore;

        (d)     discontinue the use of the bore;

        (e)     close, or partly or completely plug, seal off or backfill the bore in the way stated in the direction;

        (f)     use the water taken from the bore for the purpose stated in the direction;

        (g)     do any other stated thing necessary for the protection of ground water or an aquifer.

    (3)     The direction may state a period within which the person must comply with the direction.

    (4)     A person commits an offence if the person engages in conduct that contravenes a direction given to the person under this section.

Maximum penalty: 50 penalty units.

    (5)     An offence against this section is a strict liability offence.



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