20HAOffences with respect to authorities

#### 20HA Offences with respect to authorities 20HA Offences with respect to authorities > > (1) Any person who— > > > > > (a) being a holder of an authority in respect of a work to which this Part extends, uses the work when the authority is suspended, > > > > > (b) being a former holder of such an authority, uses the work when the authority is revoked or cancelled or has expired, > > > > > (c) being a holder of an authority, contravenes or fails to comply with any term, limitation or condition to which the authority is subject, > > > > > (d) being a holder of an authority, fails to comply with the terms of any notice served on the holder by the Ministerial Corporation whereby— > > > > > > > (i) the authority has been modified, > > > > > > > (ii) the quantity of water authorised to be taken under the authority has been reduced, or > > > > > > > (iii) a right held under the authority 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 a holder of an authority, contravenes section 20BB, > > > > 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 a holder or former holder of an authority on whose land a work in respect of which the authority is or was held is situated, proof— > > > > > (a) that the work has been used when the authority is suspended, revoked or cancelled or has expired, > > > > > (b) that any term, limitation or condition to which the authority 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 authority has been modified, > > > > > > > (ii) the quantity of water authorised to be taken under the authority has been reduced, or > > > > > > > (iii) a right held under the authority 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 an authority before the whole of the works covered by the authority have been constructed or provided, > > > > shall, in the absence of proof to the contrary, be evidence that the use, contravention, non-compliance or failure was caused by that holder or former holder of the authority. > > **s 20HA:** Ins 1977 No 103, Sch 2 (29). Am 1978 No 121, Sch 1 (6); 1984 No 66, Sch 2 (5); 1992 No 112, Sch 1.