New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 60G

60G Minister may charge for water illegally taken

(1) If satisfied on the balance of probabilities that a person has taken water from a water source to which this Part applies in contravention of this Division, the Minister may do either or both of the following--

(a) impose on the person a charge for water taken (which may include a penalty component) not exceeding 5 times the value of the water so taken, as determined in accordance with the regulations,

(b) if the person holds an access licence, order that any water allocations credited or to be credited to the water allocation account for the licence be debited up to 5 times the quantity of the water so taken.

(2) Action under this section may not be taken against a person unless the Minister--

(a) has given written notice to the person that the Minister proposes to take such action, and

(b) has given the person a reasonable opportunity to make submissions to the Minister with respect to the proposed action, and

(c) has taken any such submissions into consideration.

(3) For the purposes of taking action under this section, the Minister may determine the quantity of water taken by estimating the quantity in accordance with a methodology prescribed by the regulations for the purposes of this section.

Note--: See also section 11 (1) (e) of the Natural Resources Access Regulator Act 2017 and Schedule 2 to that Act.