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WATER (INFRINGEMENTS) REGULATIONS 2020 (SR NO 67 OF 2020) - SCHEDULE 1

Schedule 1—Water infringement offences and infringement penalties

Regulations 5 and 6

Table 1—Taking water without a water share

Column 1


Item

Column 2


Water infringement offence

Column 3

Infringement penalty

1

An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is equal to, or less than, 1 megalitre

1 penalty unit for an individual

5 penalty units for a body corporate

2

An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres

3 penalty units for an individual

10 penalty units for a body corporate

3

An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres

6 penalty units for an individual

30 penalty units for a body corporate

4

An offence against section 33E(3) of the Act constituted by the person, not being authorised to take water under a water share, taking an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres

12 penalty units for an individual

60 penalty units for a body corporate

5

An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of

1 penalty unit for an individual


water under a water share, taking an amount of water in addition to the authorised amount that is—

(a)     equal to, or less than, 2% of the total authorised amount; and

(b)     equal to, or less than, 10 megalitres

5 penalty units for a body corporate

6

An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is—

(a)     more than 2%, and equal to, or less than, 5% of the total authorised amount; and

(b)     equal to, or less than, 10 megalitres

3 penalty units for an individual

15 penalty units for a body corporate

7

An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is—

(a)     more than 5%, and equal to, or less than, 10% of the total authorised amount; and

(b)     equal to, or less than, 10 megalitres

6 penalty units for an individual

30 penalty units for a body corporate

8

An offence against section 33E(3) of the Act constituted by the person, who is authorised to take a specified amount of water under a water share, taking an amount of water in addition to the authorised amount that is—

(a)     more than 10%, and equal to, or less than, 20% of the total authorised amount; and

(b)     equal to, or less than, 10 megalitres

12 penalty units for an individual

60 penalty units for a body corporate

Table 2—Taking or using water from a non‑declared water system

Column 1


Item

Column 2


Water infringement offence

Column 3

Infringement penalty

1

An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is equal to, or less than, 1 megalitre

1 penalty unit for an individual

5 penalty units for a body corporate

2

An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres

3 penalty units for an individual

10 penalty units for a body corporate

3

An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres

6 penalty units for an individual

30 penalty units for a body corporate

4

An offence against section 63(3) of the Act constituted by the person, not being authorised to take or use water under an authorisation, taking or using an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres

12 penalty units for an individual

60 penalty units for a body corporate

5

An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is—

(a)     equal to, or less than, 2% of the total authorised amount; and

(b)     equal to, or less than, 10 megalitres

1 penalty unit for an individual

5 penalty units for a body corporate

6

An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is—

(a)     more than 2%, and equal to, or less than, 5% of the total authorised amount; and

(b)     equal to, or less than, 10 megalitres

3 penalty units for an individual

15 penalty units for a body corporate

7

An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is—

(a)     more than 5%, and equal to, or less than, 10% of the total authorised amount; and

(b)     equal to, or less than, 10 megalitres

6 penalty units for an individual

30 penalty units for a body corporate

8

An offence against section 63(3) of the Act constituted by the person, who is authorised to take or use a specified amount of water under an authorisation, taking or using an amount of water in addition to the authorised amount that is—

(a)     more than 10%, and equal to, or less than, 20% of the total authorised amount; and

(b)     equal to, or less than, 10 megalitres

12 penalty units for an individual

60 penalty units for a body corporate

Table 3—Wrongful taking of water and interference with flow of water

Column 1


Item

Column 2


Water infringement offence

Column 3

Infringement penalty

1

An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is equal to, or less than, 1 megalitre

1 penalty unit for an individual

5 penalty units for a body corporate

2

An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres

3 penalty units for an individual

10 penalty units for a body corporate

3

An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres

6 penalty units for an individual

30 penalty units for a body corporate

4

An offence against section 289(3) of the Act constituted by the person, not being authorised to take, use or divert water, taking, using or diverting an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres

12 penalty units for an individual

60 penalty units for a body corporate

5

An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is—

(a)     equal to, or less than, 2% of the total authorised amount; and

(b)     equal to, or less than, 10 megalitres

1 penalty unit for an individual

5 penalty units for a body corporate

6

An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is—

(a)     more than 2%, and equal to, or less than, 5% of the total authorised amount; and

(b)     equal to, or less than, 10 megalitres

3 penalty units for an individual

15 penalty units for a body corporate

7

An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is—

(a)     more than 5%, and equal to, or less than, 10% of the total authorised amount; and

(b)     equal to, or less than, 10 megalitres

6 penalty units for an individual

30 penalty units for a body corporate

8

An offence against section 289(3) of the Act constituted by the person, who is authorised to take, use or divert a specified amount of water, taking, using or diverting an amount of water in addition to the authorised amount that is—

(a)     more than 10%, and equal to, or less than, 20% of the total authorised amount; and

(b)     equal to, or less than, 10 megalitres

12 penalty units for an individual

60 penalty units for a body corporate

9

An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering by taking or diverting an amount of water that is equal to, or less than, 1 megalitre

1 penalty unit for an individual

5 penalty units for a body corporate

10

An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 1 megalitre, and equal to, or less than, 2 megalitres

3 penalty units for an individual

10 penalty units for a body corporate

11

An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 2 megalitres, and equal to, or less than, 5 megalitres

6 penalty units for an individual

30 penalty units for a body corporate

12

An offence against section 289B(3) of the Act constituted by the person, not being authorised to interfere with the flow of water in a waterway, aquifer or works, interfering with the flow of water by taking or diverting an amount of water that is more than 5 megalitres, and equal to, or less than, 10 megalitres

12 penalty units for an individual

60 penalty units for a body corporate

13

An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is equal to, or less than, 2% of the authorised amount

1 penalty unit for an individual

5 penalty units for a body corporate

14

An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking

3 penalty units for an individual


or diverting an amount of water in addition to the authorised amount that is more than 2%, and equal to, or less than, 5% of the authorised amount

15 penalty units for a body corporate

15

An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is more than 5%, and equal to, or less than, 10% of the authorised amount

6 penalty units for an individual

30 penalty units for a body corporate

16

An offence against section 289B(3) of the Act constituted by the person, who is authorised to interfere with the flow of water in a waterway, aquifer or works to take or divert a specified amount of water, interfering with the flow of water by taking or diverting an amount of water in addition to the authorised amount that is more than 10%, and equal to, or less than, 20% of the authorised amount

12 penalty units for an individual

60 penalty units for a body corporate

Table 4—Further water infringement offences under the Water Act 1989

Column 1


Item

Column 2


Prescribed water infringement offence

Column 3

Infringement penalty

1

An offence against section 55A of the Act

12 penalty units for an individual

60 penalty units for a body corporate

2

An offence against section 70A of the Act

12 penalty units for an individual

60 penalty units for a body corporate

3

An offence against section 170F(1) of the Act

1 penalty unit

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