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](/view/html/inforce/current/act-1912-044), 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\[17\] \[18\].