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Water Act 1992
79Power to construct works
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79 Power to construct works
(1) The Minister may arrange for the acquisition or construction,
maintenance, repair, alteration, operation or removal of such works
as the Minister thinks fit:
(a) for investigating, observing, measuring or assessing waste or
water;
(b) for conserving water or protecting or enhancing its quality;
(c) for irrigating or draining land;
(d) for the use of water for recreation purposes;
(e) for controlling flooding; or
(f) in connection with the administration of this Act.
(2) The Minister may authorise a person to construct, maintain, repair,
alter, operate or remove works for a purpose described in
subsection (1) on such terms and conditions, if any, as are
specified in the instrument of authorisation.
(b) the conduct results in the construction, maintenance, repair,
alteration, operation or removal of works for a purpose
mentioned in subsection (1) and the person is reckless in
relation to the result; and
Water Act 1992 72
(c) the person is not authorised to engage in the conduct.
(3A) Strict liability applies to subsection (3)(c).