Doing bore work without licence
48 Doing bore work without licence
A person commits an offence if the person:
does bore work; and
does not hold a drilling licence that authorises the bore work.
Maximum penalty: 500 penalty units.
Note for subsection (1)
General rights to take water or do bore work under section 57 do not authorise unlicensed bore work, but this offence does not apply if the bore is subject to an exemption declared under section 47.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
(4) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (3).
(5) Subsection (1) does not apply if, at all times, the defendant does the bore work in the presence of a person who holds a drilling licence that authorises the bore work.
This Act’s bill:Second reading speech
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