This legislation has been repealed.
(1) A person shall not, without a permit, construct or alter a dam, water storage or other water control structure in such a way as to adversely affect the flow or likely flow of water in a waterway.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2) Subsection (1) does not apply to the construction or alteration of—
(a) a dam not in a waterway, the capacity of which is less than 2ML; or
(b) a prescribed water control structure.
(3) In proceedings for an offence against subsection (1), a certificate purporting to be signed by the authority stating that, on a particular date, there was, on land to which the proceedings relate, a dam, water storage or other water control structure, is evidence of the matters so stated.