Waterways Conservation Act 1976

A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate.

A prosecution for an offence against this Act may be commenced and conducted by —

any inspector; and

an honorary warden in relation to the matters and in the area in respect of which he is authorised to exercise his powers under this Act; and

any other person authorised in writing for the purpose of the proposed proceedings by the Minister.

In any proceedings under this Act the authority of any person to prosecute for an offence shall be presumed unless the contrary is proved.

A prosecution for an offence under this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed.

A person who employs, causes, procures, or knowingly permits or suffers or connives with, another person to contravene any provision of this Act commits an offence punishable as is the provision contravened.

Where proceedings are taken against a person for or in respect of a contravention of any provision of this Act it is no defence for that person to prove that he was the agent or employee of any other person or was acting in pursuance of an order or direction given by such other person unless he satisfies the court that he had acted without knowledge, and could not reasonably be expected to have known, that any provision of this Act had been contravened.

It shall be a defence for any person who would otherwise be liable for an offence under this Act to prove that he had taken all reasonable means to enforce the provisions of this Act and that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.