Victorian Numbered Acts Victorian Numbered ActsFor section 33E of the Principal Act substitute —
(1) A person must not knowingly take water from a relevant water source in a declared water system without being authorised to do so under a water share, being a taking that results in—
(a) land, works or water being seriously damaged; or
(b) another person suffering substantial economic loss.
Penalty: For an individual, 10 years imprisonment or 1200 penalty units or both;
For a body corporate, 6000 penalty units.
(2) A person must not recklessly take water from a relevant water source in a declared water system without being authorised to do so under a water share, being a taking that results in—
(a) land, works or water being seriously damaged; or
(b) another person suffering substantial economic loss.
Penalty: For an individual, 5 years imprisonment or 600 penalty units or both;
For a body corporate, 3000 penalty units.
(3) A person must not take water from a relevant water source in a declared water system without being authorised to do so under a water share.
Penalty: For an individual, 240 penalty units;
For a body corporate, 1200 penalty units.
(4) A person does not commit an offence under subsection (1), (2) or (3) if the person takes water—
(a) for domestic and stock use from a spring or soak; or
(b) from a dam, that is water taken from the dam other than for domestic and stock use, being water in the dam—
(i) that has been taken from another relevant water source under an authorisation to do so under this or any other Act; or
(ii) that has been collected from a roof; or
(c) from a dam, that is water taken from the dam for domestic and stock use, other than water in the dam that has been taken from a waterway or aquifer without an authorisation to do so under this or any other Act; or
(d) under any other authorisation to do so by or under this or any other Act.
(5) In this section—
"relevant water source "means any of the following—
(a) a waterway (including the River Murray);
(b) an aquifer;
(c) a spring or soak;
(d) a dam.
(1) In any proceeding for an offence under section 33E(1), (2) or (3) against a person, evidence that water has been taken to, diverted to or used on land occupied by the person is evidence that the person took the water and, in the absence of evidence to the contrary, is proof of that fact.
(2) To avoid doubt, subsection (1) applies to a person who is the occupier of land who is also the owner of the land.
(3) In a proceeding for an offence under section 33E(1), (2) or (3), if a person has been found guilty of an offence under section 288(1), (2) or (3) in relation to a meter of an Authority that measures the amount of water that is taken to, delivered to or used on land, the finding of guilt is evidence that—
(a) the person took water and, in the absence of evidence to the contrary, is proof of that fact; and
(b) the person was not authorised to take the water and, in the absence of evidence to the contrary, is proof of that fact.
(1) An authorised water officer may serve an infringement notice on a person whom the officer has reason to believe has contravened section 33E(3) if the person—
(a) was not authorised to take water under a water share; and
(b) took an amount of water equal to, or less than, 10 megalitres.
(2) An authorised water officer may serve an infringement notice on a person whom the officer has reason to believe has contravened section 33E(3) if the person—
(a) was authorised to take a specified amount of water under a water share (the authorised amount ); and
(b) took an amount of water in addition to the authorised amount and the amount of that additional water—
(i) was equal to, or less than, 20% of the total authorised amount; and
(ii) was equal to, or less than, 10 megalitres.".