Water Act 2007

For the purposes of section 168, in determining whether an executive officer of a body corporate failed to take reasonable steps to prevent a contravention to which this Part applies, a Court is to have regard to:

what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):

that the body arranges regular professional assessments of the body’s compliance with this Act, the Basin Plan, the regulations, the water charge rules and the water market rules;

that the body implements any appropriate recommendations arising from such an assessment;

that the body’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act, the Basin Plan, the regulations, the water charge rules and the water market rules in so far as those requirements affect the employees, agents or contractors concerned; and

what action (if any) the officer took when he or she became aware that the body was contravening:

this Act; or

the Basin Plan; or

the regulations; or

the water charge rules; or

the water market rules.

This section does not, by implication, limit the generality of section 168.