WATER MANAGEMENT ACT 2000 - SECT 91L
Liability of occupier of premises for certain offences
WATER MANAGEMENT ACT 2000 - SECT 91L
Liability of occupier of premises for certain offences
91L Liability of occupier of premises for certain offences
(1) The occupier
of premises at which--
(a) a water management work has been constructed or
used in contravention of a provision of this Division, or
(b) a controlled
activity or aquifer interference activity has been carried out in
contravention of a provision of this Division,
is taken to have contravened
that provision.
(2) However, subsection (1) does not apply if it is
established that--
(a) the work was constructed or used, or the activity was
carried out, by a person other than the occupier, and
(b) the other person
was not associated with the occupier at the time the work was constructed or
used or the activity was carried out, and
(c) the occupier took all
reasonable steps to prevent the work being constructed or used or the activity
being carried out.
A person is associated with the occupier for the purposes
of paragraph (b) (but without limiting any other circumstances of association)
if the person is an employee, agent, licensee, contractor or sub-contractor of
the occupier.
(3) Subsection (1) does not prevent proceedings being taken
under this Act against the person who actually committed the offence.
