246Circumstances in which Division applies

246 Circumstances in which Division applies

(1)  If –

(a) water is taken from a watercourse, lake or well in contravention of a licence or right under this Act, having regard to any order or direction in force for the time being under this Act; or

(b) in any other circumstances water is taken from a watercourse, lake or well without lawful authority –

an authorised officer may, without any previous notice, enter on any land and direct the owner or occupier of the land –

(c) to cease forthwith the taking of part or all of that water; or

(d) [Section 246 Subsection (1) amended by No. 56 of 2008, s. 110, Applied:11 Feb 2009] to modify forthwith the equipment used for the taking of that water or carry out such other works as may be directed to ensure that any water taken will be restricted to such amount as may be lawfully taken; or

(e) [Section 246 Subsection (1) amended by No. 56 of 2008, s. 110, Applied:11 Feb 2009] to release part or all of that water within a specified time.

(2)  A person must not contravene a direction of an authorised officer under subsection (1) .

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.