Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) A person shall not construct, operate or alter works for the purpose of increasing the quantity of ground water without a recharge licence.
Maximum penalty: 50 penalty units.
(2) The authority may, on application, grant a recharge licence.
Note 1 A fee may be determined under s 78 (Determination of fees) for this section.
Note 2 If a form is approved under s 78A (Approved forms) for an application, the form must be used.
(3) A recharge licence may be granted subject to such conditions as are specified in the licence.
(4) A person shall not, without reasonable excuse, contravene a condition of a recharge licence.
Maximum penalty: 50 penalty units.
(5) A recharge licence remains in force for such period, not exceeding 10 years, as is specified in the licence.
(6) In deciding whether or not to grant a recharge licence, the authority shall take into account—
(a) whether a water allocation is required; and
(b) the risk of the rising level of ground water damaging soil or rock or structures; and
(c) the risk of damaging ecosystems or of affecting the natural drainage of surface water; and
(d) whether the applicant has been convicted of an offence against this Act or a corresponding law of a State or another Territory; and
(e) the applicant's environmental record both in the Territory and elsewhere, including any action taken by the person for this Act.
(7) In proceedings for an offence against subsection (1), a certificate purporting to be signed by the authority stating that on a particular day or during a specified period a means existed on works to increase ground water is evidence of the matters so stated.