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Water Act 1992
16Prohibition of pollution
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16 Prohibition of pollution
(1) In this section, water means:
(a) water flowing or contained in a waterway;
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(2) A person shall not, unless authorised to do so by or under this or
authorisation, wilfully cause, either directly or indirectly:
(2A) An offence against subsection (2) is an environmental offence
level 1.
(2B) A person shall not, unless authorised to do so by or under this or
(2C) An offence against subsection (2B) is an environmental offence
level 2.
(2D) A person shall not, unless authorised to do so by or under this or
causing material environmental harm.
(2E) An offence against subsection (2D) is an environmental offence
(2F) A person shall not, unless authorised to do so by or under this or
(b) water to be polluted.
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(2G) An offence against subsection (2F) is an environmental offence
level 4.
(3) In a proceeding for an offence against this section, proof of the
existence on land of a drain, pond, dump or other means (including
mechanical means) whereby waste is capable of being conveyed,
retained or deposited in such a manner as to come into contact
directly or indirectly with water is prima facie evidence that waste
came into contact with such water at the time that such drain, pond,
dump or other means existed.