60FGeneral defence

60F General defence

60F General defence

(1) It is a defence to a prosecution under this Division in relation to a Tier 1 offence if the accused person establishes—

(a) that the commission of the offence was due to causes over which the person had no control, and

(b) that the person took reasonable precautions and exercised due diligence to prevent the commission of the offence.

(2) It is a defence to a prosecution, or proceedings for a contravention of a civil penalty provision, under this Division in relation to the taking of water from a water source to which this Part applies if the accused person establishes—

(a) that the water was taken pursuant to a basic landholder right or a consent given under section 71V, or

(a1) that the water was taken in circumstances for which provision is made in a management plan pursuant to section 85A(2), or

(b) that the person was exempt, pursuant to this Act or the regulations, from any requirement for an access licence in relation to the taking of water from the water source.

(3) This Division does not prevent a person from taking water pursuant to an entitlement in force under the Water Act 1912, where entitlement has the same meaning as it has in Schedule 10.

s 60F: Ins 2008 No 73, Sch 1 [1]. Am 2020 No 30, Sch 1.48[2] [3]; 2025 No 70, Sch 3[17] [18].