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, > > > > > > > (vii) the maximum amount that could be imposed by a court as a Tier 2 penalty, not including an amount that could be imposed for a continuing offence, > > > > > > > (viii) matters prescribed by the regulations. > > > (5) When estimating a monetary benefit for subsection (4)(c)(ii), the Minister may take into account the matters the Land and Environment Court may take into account under section 353F(2). > > > (6) This section applies to a contravention of section 91B(2) or 91G(1) only if the contravened approval restricted— > > > > > (a) the volume of water allowed to be taken from a water source, or > > > > > (b) the circumstances in which water could be taken from a water source. > > > (7) The Minister— > > > > > (a) may impose a charge under this section whether or not a charge has been imposed on the person under section 60G for substantially the same conduct, and > > > > > (b) must not impose a charge under this section on a person who has been— > > > > > > > (i) found guilty of an offence for the same conduct, or > > > > > > > (ii) made the subject of a civil penalty order for the same conduct. > > > (8) A charge under this section must be imposed within 3 years after the later of— > > > > > (a) the day the contravention occurred, or > > > > > (b) the day evidence of the contravention first came to the attention of an authorised officer. > > **s 91O:** Ins 2025 No 70, Sch 3\[62\].