91OMinister may charge for water taken without approval

91O Minister may charge for water taken without approval

91O Minister may charge for water taken without approval

(1) The Minister may impose a charge on a person under this section if the Minister is satisfied, on the balance of probabilities, the person has—

(a) contravened section 91B(1) or (2), 91G(1) or (2), 91H(1) or (2) or 91I(2), and

(b) in connection with the contravention, taken water.

(2) A charge imposed by the Minister under subsection (1) 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.

(3) Before imposing a charge on a person under this section, the Minister must—

(a) give the person a written notice that states—

(i) the Minister proposes to impose the charge, and

(ii) the person may, within 28 days after the notice is given, or the longer period determined by the Minister, make a submission about the proposal to impose the charge, and

(b) consider a submission made by the person in accordance with the notice.

(4) In imposing a charge on a person under this section, the Minister—

(a) may determine the volume of water taken in accordance with a prescribed methodology, and

(b) must determine the value of 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,