Liability of occupier of premises for certain contraventions
91L Liability of occupier of premises for certain contraventions
The occupier of premises at which—
a water management work has been constructed or used in contravention of a provision of this Division, or
a controlled activity or aquifer interference activity has been carried out in contravention of a provision of this Division,
is taken to have contravened that provision.
However, subsection (1) does not apply if it is established that—
the work was constructed or used, or the activity was carried out, by a person other than the occupier, and
the other person was not associated with the occupier at the time the work was constructed or used or the activity was carried out, and
the occupier took all reasonable steps to prevent the work being constructed or used or the activity being carried out.
A person is associated with the occupier for the purposes of paragraph (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the occupier.
Subsection (1) does not prevent proceedings being taken under this Act against the person who actually committed the offence or contravened the provision.
In this section—
occupier, of premises, includes a person who has control or management of the premises.
This Act’s bill:Explanatory memorandumSecond reading speech
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