139Determining value of water illegally taken

139 Determining value of water illegally taken

139 Determining value of water illegally taken

(1) For the Act, section 60G(1)(a), the value of water illegally taken from a water source (a relevant water source) must be determined in accordance with this section.

(2) If there are 20 or more relevant dealings during the relevant water year that are within the relevant water source, the value of the illegally taken water is determined by multiplying the VWAP of the relevant dealings by the volume of the illegally taken water.

(3) If subsection (2) does not apply, but there are 20 or more relevant dealings during the relevant water year that are within or between water sources to which the water sharing plan that applies to the relevant water source also applies, the value of the illegally taken water is determined by multiplying the VWAP of the relevant dealings by the volume of the illegally taken water.

(4) If subsections (2) and (3) do not apply, but there are 20 or more relevant dealings during the relevant water year that are within or between water sources in the same water region as the relevant water source, the value of the illegally taken water is determined by multiplying the VWAP of the relevant dealings by the volume of the illegally taken water.

(5) If subsections (2)–(4) do not apply, the value of the illegally taken water is the gross margin value for the water region for the relevant water source, multiplied by the volume of the illegally taken water.

(6) For subsection (3), if the relevant water source is a groundwater source, the 20 or more relevant dealings must be only within or between groundwater sources.

(7) For subsections (3) and (4), the 20 or more relevant dealings must be only within or between—

(a) if the relevant water source is a regulated water source—regulated water sources, or

(b) if the relevant water source is an unregulated water source—unregulated water sources.

(8) A reference in this section to the volume of water is taken to be the volume of the water as expressed in ML.

(9) In this section—

eligible dealing means the following dealings, other than in relation to a supplementary water access licence or an unregulated river (C class) access licence—