Australian Capital Territory Numbered Acts

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WATER RESOURCES ACT 1998 (NO. 63 OF 1998) - SECT 68

Unauthorised works

(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.



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