Prosecutions
296 Prosecutions
Proceedings for an offence against a provision of this Act or of regulations or by-laws made under this Act may only be brought by—
S. 296(1)(a) substituted by No. 37/2014 s. 10(Sch. item 182.4).
a police officer; or
S. 296(1)(ab) inserted by No. 24/2013 s. 37.
a person employed under Part 3 of the Public Administration Act 2004 who is authorised by the Minister, by instrument, to do so either generally or in a particular case; or
a person authorised to do so, either generally or in any particular case, by the Authority which has responsibility for the enforcement of the provision; or
S. 296(1)(ba) inserted by No. 90/2003 s. 7(1), substituted by No. 29/2007 s. 22, repealed by No. 17/2012 s. 58(1).
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S. 296(1)(bb) inserted by No. 29/2007 s. 22.
in the case of an offence against section 170F or 291D, in relation to a permanent water saving plan of an Authority, an authorised water officer appointed by the Authority responsible for implementing the plan; or
S. 296(1)(bc) inserted by No. 29/2007 s. 22.
in the case of a by-law made by an Authority under section 171(1)(ba), an authorised water officer appointed by the Authority; or
a prescribed person or a prescribed class of persons.
In a proceeding for an offence against this Act it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorised to bring it.
S. 296(3) inserted by No. 90/2003 s. 7(2), repealed by No. 17/2012 s. 58(2).
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S. 297 amended by No. 44/2001 s. 3(Sch. item 127.1), substituted by No. 48/2021 s. 103.
This provision refers to the regulations (prescribed person
, prescribed class
). Made under this Act:
- Water (Drillers' Licences) Regulations 2022 · under section 324
- Water (General) Regulations 2021 · under sections 119 and 324
- Water (Infringements) Regulations 2020 · under section 324
4 more instruments made under this Act are listed on the Act’s overview.
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