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,