NSWIn ForceAct
Water Management Act 2000
91BConstructing or using water supply work without, or otherwise than as authorised by, a water supply work approval
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#### 91B Constructing or using water supply work without, or otherwise than as authorised by, a water supply work approval
91B Constructing or using water supply work without, or otherwise than as authorised by, a water supply work approval
> > (1) A person must not construct or use a water supply work for which the person does not have a water supply work approval.
> >
> > Maximum penalty—Tier 2 penalty.
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> > Maximum civil penalty—Tier C civil penalty.
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> > (2) The holder of a water supply work approval must not, other than as authorised by the approval, construct or use a water supply work.
> >
> > Maximum penalty—Tier 2 penalty.
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> > Maximum civil penalty—Tier C civil penalty.
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> > (3) Without limiting subsection (2), a person constructs or uses a water supply work otherwise than as authorised by a water supply work approval if the person constructs or uses such a work while the approval is suspended.
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> > (4) This section does not prevent a person from constructing or using a drainage work or flood work in accordance with a drainage work approval or flood work approval.
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> > (5) It is a defence to a prosecution, or proceedings for a contravention of a civil penalty provision, under subsection (1) if the accused person establishes that the water supply work was constructed or used pursuant to a basic landholder right.
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> **s 91B:** Ins 2008 No 73, Sch 1 \[4\]. Am 2010 No 133, Sch 2 \[33\]; 2025 No 70, Sch 3\[42\] \[43\].