44Taking surface water without authorisation

44 Taking surface water without authorisation (a) takes water; and (a) intentionally takes water; and Note for subsection (2) existence on land of a channel or other means (including mechanical means) by which water may be taken is evidence that water was taken while the channel or other means existed. (7) Subsections (1) and (2) do not apply if the Administrator declares under subsection (8) that they do not apply. (8) The Administrator may, on the recommendation of the Minister, declare by Gazette notice that subsections (1) and (2) do not apply to taking water: (a) of a specified class, kind, description or volume; or (b) at a specified rate or for a specified purpose. Water Act 1992 43