This update introduces a significant overhaul of the enforcement and penalty framework under the Water Management Act 2000. The primary change is the introduction of a parallel civil penalty regime, allowing for financial penalties to be pursued for contraventions without a criminal prosecution. Key changes include substantially increased penalties, expanded powers for authorised officers (including seizure and forfeiture of equipment), new cost recovery mechanisms for compliance actions, and new evidentiary rules allowing the use of satellite imagery in legal proceedings. Many of these changes, including the new penalty provisions, apply retrospectively to conduct that occurred before the update, provided legal proceedings had not already commenced. The primary intent is to strengthen deterrence and provide regulators with a more flexible and potent enforcement toolkit.
The update broadly impacts all holders of access licences and approvals, as well as landholders and operators of water management works, by significantly increasing their compliance risk and potential liability.
A parallel civil penalty framework has been established alongside existing criminal offences. Numerous key offence provisions have been amended to specify a "Maximum civil penalty", allowing the Regulator to pursue financial penalties through the courts without needing to prove a criminal standard of guilt.
The update provides authorised officers with significantly enhanced powers to investigate and manage non-compliance.
