Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 73F

Failing to give reasons for restricting trade of water delivery right as required by the Basin Plan

In force
Volume 1Parts 1 to 10A (sections 1 to 239W)
Part 2Management of Basin water resources
Division 3AOffences and civil penalty provisions
Subdivision BContraventions of the Basin Plan

73F Failing to give reasons for restricting trade of water delivery right as required by the Basin Plan

(1)

A person contravenes this subsection if:

(a)

the person is required to give a notification under subsection 12.30(1) of the Basin Plan; and

(b)

the person fails to give the notification in accordance with subsection 12.30(2) of the Basin Plan.

(2)

Subsection (1) does not apply if the person has a reasonable excuse.

Note:

The person bears an evidential burden in relation to the matter in this subsection (see section 154E).

Civil penalty provision

(3)

A person is liable to a civil penalty if the person contravenes subsection (1).

Note 1:

In proceedings against a person for a contravention of a civil penalty provision, it is generally not necessary to prove the person’s state of mind (see section 154C).

Note 2:

This section applies in relation to conduct described in section 73J.

Civil penalty: 60 penalty units.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.

Section 73F — Failing to give reasons for restricting trade of water delivery right as required by the Basin Plan — Water Act 2007 (Commonwealth) — Barrister AI