Illegal water extraction fine for Waitaki farmer
December 18, 2009
Media Statement
Illegal water extraction results in fine for Waitaki Farmer.
A Waitaki Farmer has been fined and ordered to pay costs after pleading guilty to illegally taking water from a braid of the Waitaki River without resource consent. The case was heard in the Oamaru District Court on September 23, 2009.
The offence occurred in January 2009 when Raymond John Pile used a mobile pump and diesel generator to extract water from the Waitaki River for irrigating pasture without resource consent from part of the river flowing through the Canterbury Region. Mr Pile holds four resource consents to take water from the Otago Regional Council from Welcome Stream in the Lower Waitaki Catchment. However on January 16 2009, he abstracted 277 cubic metres of water over a four hour period from a location not authorised by resource consent from Environment Canterbury.
This action breached section 338(1)(a) and section 14(1)(a) of the Resource Management Act 1991.
Judge Jane Borthwick said that if the region’s waters are to be sustainably managed, then unlawful taking of water cannot be allowed and abstractions must be authorised and subject to consent conditions. She said that the sentence imposed was a punishment for Mr Pile as well as a deterrent to others conducting the same or similar offence.
The Judge gave a 30 percent credit for an early guilty plea but noted that although Mr Pile was authorised to take water from Welcome Stream, his actions were to do with taking short cuts because he did not want to lay out the pipes from the stream to the paddock which was being irrigated. She also noted that this was not a one off offence and had occurred on four occasions.
Judge Borthwick imposed a fine of $9000 and ordered the defendant to pay court costs of $113 and solicitors’ costs of $130. Ninety percent of the fine was paid to the regional council.
ENDS