345Harm to aquifers and waterfront land

#### 345 Harm to aquifers and waterfront land 345 Harm to aquifers and waterfront land > > (1) A person who harms an aquifer or waterfront land, and does so intentionally or negligently, is guilty of an offence. > > > > Tier 1 penalty. > > > (2) A person must not harm an aquifer or waterfront land. > > > > Maximum penalty—Tier 2 penalty. > > > > Maximum civil penalty—Tier B civil penalty. > > > (3) It is a defence to a prosecution, or proceedings for a contravention of a civil penalty provision, under this section if the accused person establishes that the conduct that harmed the aquifer or waterfront land— > > > > > (a) was essential for the carrying out of— > > > > > > > (i) development in accordance with a development consent within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > > > (ii) an activity by a determining authority within the meaning of Part 5 of that Act if the determining authority has complied with that Part, or > > > > > > > (iii) an activity in accordance with an approval of a determining authority within the meaning of Part 5 of that Act if the determining authority has complied with that Part, or > > > > > > > (iv) a project approved under Part 3A of that Act, or > > > > > > > (v) infrastructure approved under Part 5.1 of that Act, or > > > > > (b) was authorised to be done by or under the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165) or the [State Emergency Service Act 1989](/view/html/inforce/current/act-1989-164) and was reasonably necessary in order to avoid a threat to life or property, or > > > > > (c) was authorised to be done by or under the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065) in relation to any emergency fire fighting act within the meaning of that Act. > > > (4) In this section, harm, in relation to an aquifer or waterfront land, means any act or omission that adversely affects, the capacity of the aquifer or waterfront land to hold or carry water. > > **s 345:** Am 2004 No 39, Sch 2 \[7\]. Subst 2008 No 73, Sch 1 \[8\]. Am 2009 No 56, Sch 1.44 \[20\] \[21\]; 2011 No 22, Sch 2.30; 2025 No 70, Sch 3\[113\] \[114\].