91ITaking water when metering equipment not working

91I Taking water when metering equipment not working

91I Taking water when metering equipment not working

(1) A person who takes water from a water source to which this Part applies by means of a metered work while its metering equipment is not operating properly or is not operating and—

(a) who intentionally or negligently fails to ascertain whether the metering equipment is not operating properly or is not operating, or

(b) who knows or has reasonable cause to believe that the metering equipment is not operating properly or is not operating,

is guilty of an offence.

Tier 1 penalty.

(2) A person must not take water from a water source to which this part applies by means of a metered work while the metering equipment is—

(a) not operating properly, or

(b) not operating.

Maximum penalty—Tier 2 penalty.

Maximum civil penalty—Tier A civil penalty.

(3) Subsections (1) (b) and (2) do not apply if the person who takes the water complies with any requirements set out in the regulations for the purposes of this subsection.

(4) In this section, metered work means a water management work in connection with which metering equipment has been installed.

Note.

See also section 11 (1) (e) of the Natural Resources Access Regulator Act 2017 and Schedule 2 to that Act.

s 91I: Ins 2008 No 73, Sch 1 [4]. Am 2009 No 56, Sch 1.44 [6]; 2009 No 110, Sch 1 [3]; 2010 No 133, Sch 2 [35]; 2012 No 95, Sch 1.22 [5]; 2017 No 64, sec 19; 2018 No 31, Sch 1 [43]; 2025 No 70, Sch 3[52] [53].