(1) A person shall not, without a permit, construct or alter a dam, water storage or other water control structure in such a way as to adversely affect the flow or likely flow of water in a waterway.
Penalty:
(a) if the offender is a natural person—100 penalty units or imprisonment for 12 months, or both;
(b) if the offender is a body corporate—500 penalty units.
(2) Subsection (1) does not apply to the construction or alteration of—
(a) a dam not in a waterway, the capacity of which is less than 2 megalitres; or
(b) a prescribed water control structure.
(3) In proceedings for an offence against subsection (1), a certificate purporting to be signed by the Authority stating that, on a particular date, there was, on land to which the proceedings relate, a dam, water storage or other water control structure, is evidence of the matters so stated.