(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,
(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.
(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 licenceoccupier 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:
(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.