New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 91I

91I Taking water when metering equipment not working

(1) A person who takes water from a water source to which this Part applies by means of a metered work while its metering equipment is not operating properly or is not operating and--

(a) who intentionally or negligently fails to ascertain whether the metering equipment is not operating properly or is operating, or

(b) who knows or has reasonable cause to believe that the metering equipment is not operating properly or is not operating,

is guilty of an offence.

: Tier 1 penalty.

(2) A person who takes water from a water source to which this Part applies by means of a metered work while its metering equipment is not operating properly or is not operating is guilty of an offence.

: Tier 2 penalty.

(3) Subsections (1) (b) and (2) do not apply if the person who takes the water complies with any requirements set out in the regulations for the purposes of this subsection.

(4) In this section,
"metered work" means a water management work in connection with which metering equipment has been installed.

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