60GMinister may charge for water illegally taken

#### 60G Minister may charge for water illegally taken 60G Minister may charge for water illegally taken > > (1) If satisfied on the balance of probabilities that a person has taken water from a water source to which this Part applies in contravention of this Division, the Minister may do either or both of the following— > > > > > (a) impose on the person a charge, including a penalty component, for the water taken, > > > > > (b) if the person holds an access licence—order that the water allocations credited, or to be credited, to the water allocation account for the licence be debited, including a penalty debit, for the water taken. > > > (2) Action under this section may not be taken against a person unless the Minister— > > > > > (a) has given written notice to the person that the Minister proposes to take such action, and > > > > > (b) has given the person 28 days, or the longer period determined by the Minister, to make submissions, and > > > > > (c) has taken any such submissions into consideration. > > > (3) A charge imposed by the Minister under subsection (1)(a) must be— > > > > > (a) no less than the value of the water taken, and > > > > > (b) no more than 5 times the value of the water taken. > > > (4) A debit ordered by the Minister under subsection (1)(b) must be for— > > > > > (a) no less than the volume of the water taken, and > > > > > (b) no more than 5 times the volume of the water taken. > > > (5) In taking action under this section for a contravention of this division, the Minister— > > > > > (a) may determine the volume of water taken in accordance with a prescribed methodology, and > > > > > (b) must determine the value of the water taken in accordance with a prescribed methodology, and > > > > > (c) must take the following matters into account— > > > > > > > (i) the harm or potential harm to other water users, or the environment, reasonably attributable to the contravention, > > > > > > > (ii) an estimate of the monetary benefit obtained by the person, > > > > > > > (iii) matters that aggravate or mitigate the contravention, > > > > > > > (iv) whether or not the person has admitted the contravention, > > > > > > > (v) whether the person has previously been found by a court to have engaged in similar conduct, > > > > > > > (vi) whether the person has previously received a penalty under this section, > > > > > > > (vii) the maximum amount that could be imposed by a court as a Tier 2 penalty for the contravention, not including an amount that could be imposed for a continuing offence, > > > > > > > (viii) matters prescribed by the regulations. > > > (6) When estimating a monetary benefit for subsection (5)(c)(ii), the Minister may take into account the matters the Land and Environment Court may take into account under section 353F(2). > > > (7) The Minister— > > > > > (a) may impose a charge or order a debit under this section whether or not a charge has been imposed on the person under section 91O for substantially the same conduct, and > > > > > (b) must not impose a charge or order a debit under this section if the person— > > > > > > > (i) has been found guilty of an offence for the same conduct, or > > > > > > > (ii) has been made the subject of a civil penalty order for the same conduct. > > > (8) A charge or debit under this section must be imposed within 3 years after the later of— > > > > > (a) the day the contravention occurred, or > > > > > (b) the day evidence of the contravention first came to the attention of an authorised officer. > > Note. > > See also section 11 (1) (e) of the [Natural Resources Access Regulator Act 2017](/view/html/inforce/current/act-2017-064) and Schedule 2 to that Act. > > **s 60G:** Ins 2008 No 73, Sch 1 \[1\]. Am 2009 No 56, Sch 1.44 \[2\] \[3\]; 2010 No 133, Sch 2 \[15\]; 2017 No 64, sec 19; 2018 No 31, Sch 1 \[19\]; 2025 No 70, Sch 3\[19\]–\[21\].