New South Wales Consolidated Acts

WATER ACT 1912 - SECT 20SA

20SA Offences with respect to group licences

(1) Any person who:

(a) being a Board holding a group licence or a group licence occupier, uses a work in respect of which the group licence is held when the group licence is suspended,

(b) being a Board which formerly held a group licence or an occupier of land to which water was formerly supplied under such a group licence, uses a work in respect of which the group licence was held when the group licence is revoked or cancelled or has expired,

(c) being a Board holding a group licence or a group licence occupier, contravenes or fails to comply with any term, limitation or condition to which the group licence is subject, or

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

(i) the group licence has been modified,

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

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

is guilty of an offence and is liable, on conviction:

(e) where the offence was 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, or

(f) where the offence was 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.

(2) In any prosecution under this section against a Board holding a group licence or a group licence occupier, or a Board which formerly held a group licence or an occupier of land to which water was formerly supplied under a group licence, being a Board or an occupier on whose land a work in respect of which a group licence is or was held is situated, proof:

(a) that the work has been used when the group licence is suspended, revoked or cancelled or has expired, or

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

shall, in the absence of proof to the contrary, be evidence that the use, contravention or non-compliance was caused by that Board, group licence occupier or occupier, as the case may be.

(3) In any prosecution under this section against a Board holding a group licence, proof of failure to comply with the terms of any notice served on that Board by the Ministerial Corporation whereby:

(a) the group licence has been modified,

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

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

shall, in the absence of proof to the contrary, be evidence that the failure was caused by that Board.