Offences by joint holders of access licence or approval
363A Offences by joint holders of access licence or approval
If an offence against this Act or the regulations arises in relation to an access licence or approval, each co-holder of the licence or approval is taken to have committed the offence.
A co-holder of a licence or approval is not guilty of such an offence if the co-holder establishes that—
the offence was committed by some other person (whether or not another co-holder of the licence or approval), and
the other person was not associated with the co-holder at the time the offence was committed, and
the co-holder took all reasonable steps to prevent the offence from being committed.
A person is associated with a co-holder of a licence or approval for the purposes of subsection (2) (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the co-holder.
A person may, under this section, be proceeded against and convicted for an offence whether or not any other person has been proceeded against or convicted for the offence.
This provision refers to the regulations (the regulations
). Made under this Act:
- Gumly Gumly Private Irrigation District Board of Management (General) By-law 1997 · Regulation
- Hay Private Irrigation District Board of Management (Water Rights) By-law 1999 · Regulation
- Moira Board of Management (General) By-law 1989 · Regulation
8 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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