Water Management Act 2000

If the holder of an access licence or approval contravenes a civil penalty provision, each co-holder of the licence or approval is taken to have contravened the same provision unless the co-holder establishes—

the contravention was committed by another person, whether or not the other person was a co-holder of the licence or approval, and

the other person was not associated with the co-holder at the time of the contravention, and

the co-holder took all reasonable steps to prevent the contravention.

Without limiting the circumstances in which a person may be associated with a co-holder, a person is associated with a co-holder for subsection (1)(b) if the person is an employee, agent, licensee, contractor or subcontractor of the co-holder.

Proceedings may be taken against the co-holder of a licence or approval for a contravention of a civil penalty provision whether or not proceedings have been taken against another person for the same contravention.