New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 125

125 Contravention of operating licence

(1) If, in the opinion of the Minister, an irrigation corporation contravenes an operating licence, the Governor may direct that one of the following is to apply--

(a) a letter of reprimand by the Minister is to be served on the irrigation corporation,

(b) the Minister is to cause a notice to be served on the irrigation corporation requiring it to rectify the contravention within a specified period.

(2) If, in the opinion of the Minister, an irrigation corporation continues to contravene an operating licence after the issue of a letter under subsection (1) (a) or fails to rectify a contravention as required by a notice under subsection (1) (b), the Governor may do either or both of the following--

(a) the Governor may direct that the irrigation corporation is to pay a monetary penalty of an amount (not exceeding $150,000) to be determined by the Governor,

(b) the Governor may cancel the operating licence.

(3) The fact that the Governor has directed that action be taken under this section does not prevent the Governor directing that the same or other action under this section be taken if the contravention continues or a fresh contravention occurs.

(4) An operating licence may make provision for advice to be furnished to the Minister in connection with the exercise of the Minister's functions under this section.

(5) A penalty imposed under this section may be recovered in any court of competent jurisdiction as if it were a debt due to the Crown.