At their meeting on February 27 item 12.1 Water Theft Prosecution was the first item on the agenda for the closed section of the council meeting.
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Following the meeting the General Manager Michael Coulter released the following information:
"Council staff are commencing proceedings in the Local Court against two separate property owners (unrelated) for breaches under the Local Government Act 1993 relating to tampering with water meters and misuse of water. The breaches which Council is seeking prosecution for are:
- Section 636 - Tampering with meters and fittings
- Section 637 - Misuse of Water (In Councils opinion using water without a meter to irrigate crops/pasture during a period of drought is considered to be wilfully misusing water)
- Section 626 - Failure to obtain approval to carry out water supply work
The properties in question are:
(redacted)
Under the Local Government Act 1993 Council has the option to either issue a $220 Penalty Infringement Notice (PIN) or commence proceedings in the Local Court.
Given at the time of the offence the Nambucca valley was facing drought conditions; that these drought conditions were well publicised; and that a substantial amount of water could have been stolen due to the purpose the water was being used for; issuing a $220 PIN would be an inappropriate penalty.
Accordingly Council staff have engaged the services of a lawyer who has obtained advice from Counsel in relation to undertaking proceedings in the Local Court.
If found guilty, both property owners will be facing a maximum $6,600.00 penalty each. Council will also be seeking a costs order.
An important reason for taking the matter to Court is that a strong message needs to be sent that Council takes the theft of water seriously and there are heavy penalties that will apply."