New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 367B

367B Rebuttable presumptions

(1) In any proceedings for an offence against this Act or the regulations being taken against a landholder:

(a) the fact that a water management work is or has been located:

(i) on the landholder’s land, or

(ii) in a river or lake within the landholder’s land,

gives rise to a rebuttable presumption that the work was constructed by the landholder, and

(b) the fact that a water management work is being or has been used:

(i) on the landholder’s land, or

(ii) in a river or lake within the landholder’s land,

gives rise to a rebuttable presumption that the work is being or has been used by the landholder, and

(c) the fact that water is being or has been taken from a water source by means of a water supply work situated:

(i) on the landholder’s land, or

(ii) in a river or lake within the landholder’s land,

gives rise to a rebuttable presumption that the water is being or has been taken by the landholder, and

(d) the fact that water is being or has been discharged into a water source by means of a drainage work situated on the landholder’s land gives rise to a rebuttable presumption that the water is being or has been discharged by the landholder, and

(e) the fact that water is being or has been used on the landholder’s land gives rise to a rebuttable presumption that the water is being or has been used by the landholder, and

(f) the fact that a controlled activity is being or has been carried out on waterfront land within the landholder’s land gives rise to a rebuttable presumption that the activity is being or has been carried out by the landholder, and

(g) the fact that an aquifer interference activity is being or has been carried out on the landholder’s land gives rise to a rebuttable presumption that the activity is being or has been carried out by the landholder.

(2) In any proceedings for an offence against this Act or the regulations being taken against the holder of an approval for a water supply work, the fact that water is being or has been taken from a water source:

(a) by means of the work, or

(b) through metering equipment installed in connection with the work,

gives rise to a rebuttable presumption that the holder of the approval is or has been using the work to take water from that water source.

(3) In any proceedings for an offence against this Act or the regulations, the fact that a work of the kind referred to in:

(a) the definition of "drainage work" in the Dictionary, or

(b) paragraph (a), (b) or (c) of the definition of "water supply work" in the Dictionary,

is capable of being used for the purpose referred to in that provision gives rise to a rebuttable presumption that the work has been constructed or used for that purpose.

(4) This section does not limit the operation of section 60E or 91L.