New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 60E

60E Liability of occupier of premises for certain offences

(1) The occupier of premises at or from which water is taken in contravention of a provision of this Division is taken to have contravened that provision unless it is established that--

(a) the water was taken by another person, and

(b) the other person was not associated with the occupier at the time the water was taken, and

(c) the occupier took all reasonable steps to prevent the water being taken.

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.

(2) Subsection (1) does not prevent proceedings being taken under this Act against the person who actually committed the offence.