New South Wales Consolidated Acts

WATER ACT 1912 - SECT 17B

17B Offences with respect to licences

(1) Any person who:

(a) being the holder of a licence in respect of a work to which this Part extends, uses the work when the licence is suspended,

(b) being the former holder of such a licence, uses the work when the licence is revoked or cancelled or has expired,

(c) being the holder of a licence, contravenes or fails to comply with any term, limitation or condition to which the licence is subject,

(d) being the holder of a licence, fails to comply with the terms of any notice served on the holder by the Ministerial Corporation whereby:

(i) the licence has been modified,

(ii) the quantity of water authorised to be taken under the licence has been reduced, or

(iii) a right held under the licence for the taking of water for any purpose from a river, lake or section of a river has been restricted or suspended, or

(e) being the holder of a licence, contravenes section 13D,

is guilty of an offence and is liable on conviction:

(f) where the offence was an offence under paragraph (a), (b), (c) or (d) committed by a corporation-to a penalty not exceeding 200 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 20 penalty units for each day the offence continues,

(g) where the offence was an offence under paragraph (a), (b), (c) or (d) committed by any other person-to a penalty not exceeding 100 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 10 penalty units for each day the offence continues, or

(h) where the offence was an offence under paragraph (e)-to a penalty not exceeding 10 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 1 penalty unit for each day the offence continues.

(2) In any prosecution under this section against the holder or former holder of a licence, proof:

(a) that a work in respect of which the licence is or was held has been used when the licence is suspended, revoked or cancelled or has expired,

(b) that any term, limitation or condition to which the licence is subject has been contravened or has not been complied with,

(c) of failure to comply with the terms of any notice served by the Ministerial Corporation on that holder whereby:

(i) the licence has been modified,

(ii) the quantity of water authorised to be taken under the licence has been reduced, or

(iii) a right held under the licence for the taking of water for any purpose from a river, lake or section of a river has been restricted or suspended, or

(d) that water has been taken from a river or lake by means of a work covered by a licence before the whole of the works covered by the licence have been constructed or provided,

shall, in the absence of proof to the contrary, be evidence that the use, contravention, non-compliance or failure has been caused by that holder or former holder of the licence.