Assignment 3 Consider the following hypothetical scenario: In October 2023, a local NT newspaper published an expos, revealing the devastating impact of hobby farming on rural Darwin's water resources. The article claimed that rivers and aquifers were running dry due to an increase in commercial farming operations. In response, the Northern Territory Legislative Assembly enacted the Water for Farming Act 2023. At the second reading speech the Minister said: \"We must put a stop to this rampant exploitation of our most precious natural resource. The people of Darwin have a right to use the water on their land for their own personal uses, but that right is threatened by those that are draining the rivers, building dams and pumping swimming pools of water from the ground to run businesses out of their backyards. The government introduces this Bill to protect the rights of landowners and to regulate the use of water for commercial activities\" Assent to the Act was declared by the Administrator on 1 November 2023. The Act did not specify or provide a date for its commencement. Water for Farming Act 2023 1 LongTitle An Act to regulate the use of groundwater and water from rivers for the purpose of farming and other business. 2 Definitions In this Act - bore means a constructed hole in the ground from which groundwater can be taken waterway means a stream, creek, river or any naturally occurring channel through which water flows commercial activity means to generate or attempt to generate a profit through providing a service or product in exchange for money or other incentives or benefits 3 Rights of owners to take water (1) The owners of land may take groundwater from beneath their land, or from a waterway adjacent to their land for: (a) domestic purposes; or (b) drinking water for stock; or (c) irrigating a garden that is not for a commercial activity. 4 Offence to take water without a licence (1) A person must not take water from a bore or waterway, for any purpose other than those listed under section 3(1), without a water licence. Penalty: $1000 or 1 year imprisanment 5 Water licence (1) A person may obtain a licence to take water from a bore or waterway by contacting the Department of Water and applying for a licence. 6 Offence to alter a waterway (1) A person must not alter a waterway in a way that has an adverse impact on the supply of water to other users of the waterway. Penalty: $5000 or 2 years imprisonment Fact Scenario: Johannes lives on a property in rural Darwin. He has 35 mango trees which he waters regularly with water that he pumps from a bore in his backyard. Every Christmas, Johannes makes mango jam for his family, friends, colleagues, neighbours and anyone else he might bump into during the month of December. Over the years, Johannes's jam production has become such an operation that in the lead-up to every Christmas he takes a few days off from his day job to make the jam. His mango jam is famous in the community. Everyone knows 'Johannes's Jam' and there is even a rumour that he was once pulled over by a police officer who said: \"Although you were driving recklessly and speeding in a school zone, I'm gaing to let you go Johannes, because your mango jam is just so delicious!\". Johannes also loves pickled herring, but due to the rising price of groceries he can no longer afford to buy the tins from Coles. In response to the increasingly unaffordable cost of pickled herring, Johannes decided to farm his own. To do this, he built a weir in the brook flowing along the edge of his property and dug an outlet from the brook to a pond in his yard. Johannes knew that by building a weir and redirecting water to a pond that it would probably dramatically reduce the flow of the brook beyond his property, so before he did any wark, he asked his neighbour, whose backyard is also adjacent to the brook, if they were OK with what he proposed. His neighbour said that it would not be a problem and that it might even cut down on the number of mosquitos at her property, and also that she loves pickled herring too, so if Johannes could just give her a few jars from time to time she would have no concerns at all. On 3 November 2023, a Water Officer who was familiar with Johannes's Jam, visited Johannes and asked to see his water licence. The Water Officer was confident that Johannes needed a licence to grow so many mangoes, and informed him that he would be charged for committing an offence under section 4 of the Act. The Water Officer told Johannes to get a water licence if he wants to keep making his jam. The Water Officer then also noticed Johannes's herring pond and upon further inspection realised that Johannes had built a weir and dug a trench to create the pond. In a dramatic flurry, the Water Officer accused Johannes of committing an offence under section 6 by altering a waterway and also of a second offence under section 4 for taking water from the brook to operate an illegal fish farm. Johannes was arrested and dragged away while he screamed: \"I know there are many fish in the pond, but the pickled herring are for my personal enjoyment only!\" You are Johannes's defence lawyer. He has been charged with two counts under section 4 and one count under section 6 of the Water for Farming Act 2023: 1. Charged under section 4 for taking water to water the mango trees without a water licence 2. Charged under section 4 for taking water to fill a fish pond without a water licence 3. Charged under section 6 for altering a waterway Johannes faces a maximum of 3 years in prison and $7000 in fines. Using IRAC and statutory interpretation law only, outline the defence you would make on Johannes's behalf. Please use statutory interpretation law only. Do not discuss criminal law principles (including criminal defences and mens rea), constitutional law or any other area of law. 1000 words Due 14 January 2024