New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
WATER MANAGEMENT ACT 2000 - SECT 60F
General defence
60F General defence
(1) It is a defence to a prosecution under this Division in relation to a Tier
1 offence if the accused person establishes-- (a) that the commission of the
offence was due to causes over which the person had no control, and
(b) that
the person took reasonable precautions and exercised due diligence to prevent
the commission of the offence.
(2) It is a defence to a prosecution under
this Division in relation to the taking of water from a water source to which
this Part applies if the accused person establishes-- (a) that the water was
taken pursuant to a basic landholder right or a consent given under
section 71V, or
(a1) that the water was taken in circumstances for which
provision is made in a management plan pursuant to section 85A(2), or
(b)
that the person was exempt, pursuant to this Act or the regulations, from any
requirement for an access licence in relation to the taking of water from that
water source.
(3) This Division does not prevent a person from taking water
pursuant to an entitlement in force under the Water Act 1912 , where
"entitlement" has the same meaning as it has in Schedule 10.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback