134Charges for water illegally taken and damage to works

134 Charges for water illegally taken and damage to works

134 Charges for water illegally taken and damage to works

(1) For the Act, section 170(4)(a), the value of the water must be, subject to this section, determined in accordance with section 139.

(2) For the Act, section 170(9), a private water corporation must not exercise powers under the Act, section 170 unless—

(a) the corporation’s satisfaction of the following, as the case requires, is based on evidence tabled at a meeting of the corporation or its board—

(i) that a person has knowingly taken water as referred to in the Act, section 170(1),

(ii) that a person has destroyed, damaged or interfered with a work that is owned by, or is under the control or management of, the corporation as referred to in the Act, section 170(2), and

Note—

Under the Act, section 170(1) and (2), the private water corporation must be satisfied of these things on the balance of probabilities.

(b) the corporation has given at least 21 days notice of the intention to exercise the power, and reasonable particulars of the proposed exercise of the power, to the Minister, and

(c) for the imposition of a charge for the taking of water—the Minister has notified the private water corporation that the Minister is not aware that a person has taken or intends to take action of the following kind in relation to the taking of the water—

(i) the commencement of criminal proceedings,

(ii) the issue of a penalty notice,

(iii) the imposition of a charge or a decision to debit a water allocation under the Act, section 60G(1),

(iv) the commencement of proceedings under the Act, section 336 for an order to remedy or restrain a breach of the Act or the regulations,

(v) the acceptance of an undertaking under the Act, Chapter 7, Part 1, Division 8, and

(d) the corporation’s rules specify how the powers may be exercised, and

(e) the exercise of the powers is in accordance with the rules.

(3) For the Act, section 145(2)(n), the rules of a private water corporation may provide for the matter mentioned in subsection (3)(d).