Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A person shall not construct, operate or alter works for the purpose of increasing the quantity of ground water without a recharge licence.
Penalty:
(a) if the offender is a natural person—50 penalty units;
(b) if the offender is a body corporate—250 penalty units.
(2) The Authority may, on application, grant a recharge licence.
(3) An application for a recharge licence shall—
(a) be in writing in a form approved by the Authority;
(b) be executed by the applicant; and
(c) be accompanied by the determined fee.
(4) A recharge licence may be granted subject to such conditions as are specified in the licence.
(5) A person shall not, without reasonable excuse, contravene a condition of a recharge licence.
Penalty:
(a) if the offender is a natural person—50 penalty units;
(b) if the offender is a body corporate—250 penalty units.
(6) A recharge licence remains in force for such period, not exceeding 10 years, as is specified in the licence.
(7) In deciding whether or not to grant a recharge licence, the Authority shall take into account—
(a) whether a water allocation is required;
(b) the risk of the rising level of ground water damaging soil or rock or structures;
(c) the risk of damaging ecosystems or of affecting the natural drainage of surface water;
(d) whether the applicant has been convicted of an offence against this Act or a corresponding law of a State or another Territory; and
(e) the applicant's environmental record both in the Territory and elsewhere, including any action taken by the person for the purposes of this Act.
(8) In proceedings for an offence against subsection (1) a certificate purporting to be signed by the Authority stating that on a particular day or during a specified period a means existed on works to increase ground water is evidence of the matters so stated.