Australian Capital Territory Numbered Acts

WATER RESOURCES ACT 1998 (NO. 63 OF 1998) - SECT 43

(1)     A person who is the holder of a driller's licence shall not—

        (a)     drill, construct, alter, plug, backfill or seal off a bore;

        (b)     remove, replace, alter, slot or repair the casing, lining or screen of a bore; or

        (c)     deepen a bore (whether in the course of construction or not);

unless the lessee or occupier of the land on which the bore is or will be situated is the holder of a bore construction permit.

Penalty:

        (a)     if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

        (b)     if the offender is a body corporate—250 penalty units.

(2)     It is a defence to a prosecution under subsection (1) if it is proved that—

        (a)     the work by which it is alleged the offence was committed was urgently required—

              (i)     to prevent pollution or deterioration of the water in the bore;

              (ii)     to prevent waste of water; or

              (iii)     to protect life or property;

        (b)     in the circumstances, it was not practicable to apply for a bore construction permit or obtain the services of a person with a driller's licence; and

        (c)     as soon as practicable after the work was commenced, the Authority was informed of the nature of the work that had commenced.

(3)     Subsection (1) does not apply to the following if they are not used for the taking of water:

        (a)     a trench for the laying of pipes, cables or other equipment in relation to the supply of water, gas or electricity or the provision of sewerage or drainage;

        (b)     a drain that is under the control of the Territory or the Commonwealth;

        (c)     an excavation for or in relation to a building or swimming pool;

        (d)     a mine within the meaning of the Territory Plan;

        (e)     an excavation for engineering or survey purposes if the excavation is less than 15 metres in depth;

        (f)     an excavation for the purposes of a toilet;

        (g)     an excavation, not exceeding 15 metres in depth, for the installation of cathodic protection anodes or the measurement of water pressure;

        (h)     a bore drilled to a depth not exceeding the depth of the water table nearest the surface for the purpose of obtaining samples of water or other material for scientific research;

              (i)     a bore comprising an excavation, not exceeding 3 metres in depth, for the purpose of conducting an underground test or extracting material for testing.