56Doing bore work without authorisation

56 Doing bore work without authorisation (a) the person does bore work; and (b) the bore work is not authorised by a permit granted under section 57. (a) the person intentionally does bore work; and (b) the bore work is not authorised by a permit granted under section 57. subsection (1) or (2) if: (a) the bore work was done: (i) to prevent pollution or deterioration of the water in a bore; or (ii) to provide urgent water supply for the benefit of public health, animal welfare or the environment; and (b) it was not reasonably practicable to apply for a permit under section 57; and (c) the defendant took reasonable steps to inform the Controller of the bore work; and (d) the defendant complied with any regulations that apply to the bore work done for a purpose mentioned in paragraph (a).

Water Act 1992 49 (5) It is a defence to a prosecution for an offence against (6) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (4) or (5).