Contravention of terms and conditions of access licence
60B Contravention of terms and conditions of access licence
A person who takes water under an access licence that is not held by the person must not contravene a term or condition of the licence.
Maximum penalty—Tier 2 penalty.
Maximum civil penalty—Tier C civil penalty.
If a term or condition of an access licence is contravened, each holder of the access licence commits a contravention.
Maximum penalty—Tier 2 penalty.
Maximum civil penalty—Tier C civil penalty.
It is a defence to a prosecution, or proceedings for a contravention of a civil penalty provision, under subsection (2) if the accused person establishes—
that the contravention of the term or condition was caused by another person, and
that the other person was not associated with the holder at the time the term or condition was contravened, and
that the holder took all reasonable steps to prevent the contravention of the term or condition.
A person is associated with the holder for the purposes of this subsection (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the holder.
This Act’s bill:Explanatory memorandumSecond reading speech
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