New South Wales Consolidated Acts

WATER ACT 1912 - SECT 18R

18R Offences with respect to permits

(1) Any person who:

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

(b) being the former holder of such a permit, uses the work when the permit is withdrawn or has expired, or

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

is guilty of an offence and is liable, on conviction, to a penalty not exceeding 100 penalty units and, in the case of a continuing offence, to a penalty not exceeding 10 penalty units for each day the offence continues.

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

(a) that a work in respect of which the permit is or was held has been used when the permit is suspended or withdrawn or has expired, or

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

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