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Water Act 1992
96Emergency powers to limit rights to take water
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96 Emergency powers to limit rights to take water
(1) If water is taken or available to be taken under section 10, 11 or 14,
the Minister may, by notice, do any of the following as the Minister
considers appropriate:
(a) specify the places from which, the manner in which and the
times at which water may or may not be taken;
(b) in times of actual or likely shortage of water – fix the amount of
water which may be taken and the purposes for which water
may be taken;
(c) temporarily or permanently prohibit taking water from a source
when, in the opinion of the Minister, taking water would be
dangerous to health.
(2) Despite anything in this Act or any other law of the Territory, the
Minister may, by notice, do any of the following as the Minister
considers appropriate:
(a) in times of actual or likely shortage of water – regulate, restrict
or prohibit the doing of an act under a licence;
(b) temporarily or permanently prohibit the doing of an act under a
licence if, in the opinion of the Minister, the doing of the act
would be dangerous to health.
(3) A person commits an offence if the person contravenes a notice
made under subsection (1) or (2).
(4) An offence against subsection (3) is an offence of strict liability.
(5) For subsection (3), it is immaterial if the contents of the notice are
inconsistent with or contrary to a term or condition of a licence,
permit or other authorisation granted under this or another Act.
(6) It is a defence to a prosecution for an offence against
subsection (3) if the defendant contravened a notice for the
reasonable protection of life or property.
(7) It is also a defence to a prosecution for an offence against
subsection (3) if the defendant took reasonable steps and exercised
(8) The defendant has a legal burden of proof in relation to a matter
mentioned in subsection (6) or (7).
Water Act 1992 83
(9) In this section:
by notice means any of the following:
(a) by Gazette notice;
(b) by notice in a newspaper circulating in the area to which the
notice relates;
(c) by notice by radio or television;
(d) by notice served on the owner or occupier of land to which the
notice relates.