16Prohibition of pollution

16 Prohibition of pollution (1) In this section, water means: (a) water flowing or contained in a waterway;

Water Act 1992 20 (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.

Water Act 1992 21 (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.