40Interfering with waterway without authorisation

40 Interfering with waterway without authorisation (a) engages in conduct that interferes with a waterway; and (b) is not authorised under this Act to interfere with the waterway. (b) the conduct interferes with a waterway and the person is reckless in relation to the result; and (c) the person is not authorised under this Act to interfere with the (4) Strict liability applies to subsection (3)(c). (5) It is a defence to a prosecution for an offence against subsection (1) or (3) if the defendant took reasonable steps and (6) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (5). (7) For subsections (1)(b) and (3)(c), a right, permit or licence under section 10, 11, 14, 41, 45, 60 or 67 authorises a person to interfere with a waterway to the extent that the person's conduct is in accordance with the right, permit or licence. Water Act 1992 41 (8) In a proceeding for an offence against this section, proof of the existence of a structure or obstruction on land, or on, in or below a waterway, is evidence that the waterway was interfered with if the structure or obstruction was capable of interfering with the (9) Subsections (1) and (3) do not apply if the Minister exempts the interference with a waterway under subsection (10). (10) The Minister may, by Gazette notice, exempt a class of interference with a waterway from the application of subsections (1) and (3) and those subsections cease to apply to, or in relation to, interferences of that class on and from the day the notice is published in the Gazette.