17BOffences with respect to licences

#### 17B Offences with respect to licences 17B Offences with respect to licences > > (1) Any person who— > > > > > (a) being the holder of a licence in respect of a work to which this Part extends, uses the work when the licence is suspended, > > > > > (b) being the former holder of such a licence, uses the work when the licence is revoked or cancelled or has expired, > > > > > (c) being the holder of a licence, contravenes or fails to comply with any term, limitation or condition to which the licence is subject, > > > > > (d) being the holder of a licence, fails to comply with the terms of any notice served on the holder by the Ministerial Corporation whereby— > > > > > > > (i) the licence has been modified, > > > > > > > (ii) the quantity of water authorised to be taken under the licence has been reduced, or > > > > > > > (iii) a right held under the licence for the taking of water for any purpose from a river, lake or section of a river has been restricted or suspended, or > > > > > (e) being the holder of a licence, contravenes section 13D, > > > > is guilty of an offence and is liable on conviction— > > > > > (f) where the offence was an offence under paragraph (a), (b), (c) or (d) committed by a corporation—to a penalty not exceeding 200 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 20 penalty units for each day the offence continues, > > > > > (g) where the offence was an offence under paragraph (a), (b), (c) or (d) committed by any other person—to a penalty not exceeding 100 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 10 penalty units for each day the offence continues, or > > > > > (h) where the offence was an offence under paragraph (e)—to a penalty not exceeding 10 penalty units and, in the case of a continuing offence, to a further penalty not exceeding 1 penalty unit for each day the offence continues. > > > (2) In any prosecution under this section against the holder or former holder of a licence, proof— > > > > > (a) that a work in respect of which the licence is or was held has been used when the licence is suspended, revoked or cancelled or has expired, > > > > > (b) that any term, limitation or condition to which the licence is subject has been contravened or has not been complied with, > > > > > (c) of failure to comply with the terms of any notice served by the Ministerial Corporation on that holder whereby— > > > > > > > (i) the licence has been modified, > > > > > > > (ii) the quantity of water authorised to be taken under the licence has been reduced, or > > > > > > > (iii) a right held under the licence for the taking of water for any purpose from a river, lake or section of a river has been restricted or suspended, or > > > > > (d) that water has been taken from a river or lake by means of a work covered by a licence before the whole of the works covered by the licence have been constructed or provided, > > > > shall, in the absence of proof to the contrary, be evidence that the use, contravention, non-compliance or failure has been caused by that holder or former holder of the licence. > > **s 17B:** Ins 1930 No 15, sec 2 (1) (ii). Am 1934 No 52, sec 18 (e); 1943 No 2, sec 8 (1); 1964 No 11, sec 6 (c); 1970 No 5, Sch; 1973 No 47, sec 95 (g). Subst 1977 No 103, Sch 2 (13). Am 1978 No 121, Sch 1 (2); 1984 No 66, Sch 2 (2); 1992 No 112, Sch 1.