91GContravention of terms and conditions of approval

#### 91G Contravention of terms and conditions of approval 91G Contravention of terms and conditions of approval > > (1) A person must not, when undertaking a relevant activity under an approval, contravene a term or condition of the approval. > > > > Maximum penalty—Tier 2 penalty. > > > > Maximum civil penalty—Tier C civil penalty. > > > (2) If a term or condition of an approval for a relevant activity is contravened, each holder of the approval commits a contravention. > > > > Maximum penalty—Tier 2 penalty. > > > > Maximum civil penalty—Tier C civil penalty. > > > (3) It is a defence to a prosecution, or proceedings for a contravention of a civil penalty provision, under subsection (2) if the accused person establishes— > > > > > (a) that the contravention of the term or condition was caused by another person, and > > > > > (b) that the other person was not associated with the holder at the time the term or condition was contravened, and > > > > > (c) that the holder took all reasonable steps to prevent the contravention of the term or condition. > > > > A person is associated with the holder for the purposes of this subsection (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the holder. > > > (4) In this section— > > > > relevant activity means the following— > > > > > (a) the use of water, > > > > > (b) the construction or use of a water management work, > > > > > (c) a controlled activity, > > > > > (d) an aquifer interference activity. > > **s 91G:** Ins 2008 No 73, Sch 1 \[4\]. Subst 2010 No 133, Sch 2 \[34\]. Am 2025 No 70, Sch 3\[48\]–\[50\].