New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 91G

91G Contravention of terms and conditions of approval

(1) A person (other than the holder) who uses water, constructs or uses a water management work or carries out a controlled activity or an aquifer interference activity, pursuant to an approval is guilty of an offence if the person contravenes any term or condition of the approval.

: Tier 2 penalty.

(2) If any term or condition of an approval is contravened by any person, each holder of the approval is guilty of an offence.

: Tier 2 penalty.

(3) It is a defence to a prosecution under subsection (2) if the accused person establishes--

(a) that the contravention of the term or condition was caused by another person, and

(b) that the other person was not associated with the holder at the time the term or condition was contravened, and

(c) that the holder took all reasonable steps to prevent the contravention of the term or condition.

A person is associated with the holder for the purposes of this subsection (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the holder.