New South Wales Consolidated Acts

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WATER MANAGEMENT ACT 2000 - SECT 345

Harm to aquifers and waterfront land

345 Harm to aquifers and waterfront land

(1) A person who harms an aquifer or waterfront land, and does so intentionally or negligently, is guilty of an offence.
: Tier 1 penalty.
(2) A person who harms an aquifer or waterfront land is guilty of an offence.
: Tier 2 penalty.
(3) It is a defence to a prosecution under this section if the accused person establishes that the conduct that harmed the aquifer or waterfront land--
(a) was essential for the carrying out of--
(i) development in accordance with a development consent within the meaning of the Environmental Planning and Assessment Act 1979 , or
(ii) an activity by a determining authority within the meaning of Part 5 of that Act if the determining authority has complied with that Part, or
(iii) an activity in accordance with an approval of a determining authority within the meaning of Part 5 of that Act if the determining authority has complied with that Part, or
(iv) a project approved under Part 3A of that Act, or
(v) infrastructure approved under Part 5.1 of that Act, or
(b) was authorised to be done by or under the State Emergency and Rescue Management Act 1989 or the State Emergency Service Act 1989 and was reasonably necessary in order to avoid a threat to life or property, or
(c) was authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.
(4) In this section,
"harm" , in relation to an aquifer or waterfront land, means any act or omission that adversely affects, the capacity of the aquifer or waterfront land to hold or carry water.



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