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WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2019 (NO. 23 OF 2019) - SECT 98

Regulations

    (1)     In section 324(1) of the Principal Act—

        (a)     in paragraph (ab), after "licence," insert  "permit,";

        (b)     in paragraph (b), for "a water corporation" substitute "an Authority";

        (c)     for paragraph (c) substitute

    "(c)     the control, management and use of environmental areas and recreational areas under the control and management of an Authority, including but not limited to—

              (i)     the control, management and use of the land, services and facilities in the area, including fees for the provision or use of any such services or facilities or for entry to land on which such services or facilities are situated; and

              (ii)     the protection of the land, services and facilities; and

              (iii)     the protection of people in the area from injury or nuisance; and

              (iv)     setting aside areas in which activities may be permitted, restricted or prohibited; and

              (v)     the conservation and preservation of flora, fauna and habitat in the area; and

              (vi)     the control of the introduction of any new flora or fauna to the area; and

              (vii)     the control of the numbers of any flora or fauna in the area; and

        (ca)     the granting of leases or licences for environmental areas and recreational areas, and in particular as to the following matters—

              (i)     the Authority that may grant any such lease or licence, which must be the Authority that has the management and control of the area and that has a proprietary interest in the area;

              (ii)     the purposes for which any such lease or licence may be granted, which must be for activities carried on in, or things introduced into, the area; and

        (cb)     the charging of fees for leases or licences over environmental areas and recreational areas; and

        (cc)     the powers of the Authority in relation to the removal of any unregistered or abandoned motor vehicle from an environmental area or a recreational area and its subsequent sale, including provisions about—

              (i)     notice of removal; and

              (ii)     surrender of the motor vehicle to its owner or an agent of the owner; and

              (iii)     sale of the motor vehicle; and

              (iv)     the circumstances in which clear title to the motor vehicle passes on sale; and

              (v)     disposal of the proceeds of sale; and

              (vi)     protection of the Authority from liability in relation to payments of the proceeds of sale; and

              (vii)     any other necessary or convenient matter; and".

    (2)     In section 324(1) of the Principal Act—

        (a)     in paragraph (f), for "water supply" substitute "the supply, delivery, taking or using of water";

        (b)     in paragraph (g), for "water supplied to land" substitute "water supplied or delivered to land, used on land or taken to land".

    (3)     In section 324(1) of the Principal Act, after paragraph (u) insert

    "(ua)     prescribing offences to be water infringement offences, including that a water infringement offence applies or does not apply—

              (i)     at times, on days, in circumstances or at places specified in the regulations; and

              (ii)     to a person or to a class of person specified in the regulations; and

        (ub)     prescribing infringement penalties for water infringement offences, including prescribing different infringement penalties for water infringement offences consisting of different conduct, facts things or circumstances; and".

    (4)     For section 324(3)(f) of the Principal Act substitute

    "(f)     so as to impose a penalty for a contravention of the regulations not exceeding 20 penalty units, for an individual, or 100 penalty units, for a body corporate; and

        (g)     so as to impose an infringement penalty for a contravention of the regulations not exceeding 12 penalty units, for an individual, or 60 penalty units, for a body corporate.".



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