20SAOffences with respect to group licences

#### 20SA Offences with respect to group licences 20SA Offences with respect to group licences > > (1) Any person who— > > > > > (a) being a Board holding a group licence or a group licence occupier, uses a work in respect of which the group licence is held when the group licence is suspended, > > > > > (b) being a Board which formerly held a group licence or an occupier of land to which water was formerly supplied under such a group licence, uses a work in respect of which the group licence was held when the group licence is revoked or cancelled or has expired, > > > > > (c) being a Board holding a group licence or a group licence occupier, contravenes or fails to comply with any term, limitation or condition to which the group licence is subject, or > > > > > (d) being a Board holding a group licence, fails to comply with the terms of any notice served on the Board by the Ministerial Corporation whereby— > > > > > > > (i) the group licence has been modified, > > > > > > > (ii) the quantity of water authorised to be taken under the group licence has been reduced, or > > > > > > > (iii) a right held under the group licence for the taking of water for any purpose from a river, lake or section of a river has been restricted or suspended, > > > > is guilty of an offence and is liable, on conviction— > > > > > (e) where the offence was 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, or > > > > > (f) where the offence was 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. > > > (2) In any prosecution under this section against a Board holding a group licence or a group licence occupier, or a Board which formerly held a group licence or an occupier of land to which water was formerly supplied under a group licence, being a Board or an occupier on whose land a work in respect of which a group licence is or was held is situated, proof— > > > > > (a) that the work has been used when the group licence is suspended, revoked or cancelled or has expired, or > > > > > (b) that any term, limitation or condition to which the group licence is subject has been contravened or not complied with, > > > > shall, in the absence of proof to the contrary, be evidence that the use, contravention or non-compliance was caused by that Board, group licence occupier or occupier, as the case may be. > > > (3) In any prosecution under this section against a Board holding a group licence, proof of failure to comply with the terms of any notice served on that Board by the Ministerial Corporation whereby— > > > > > (a) the group licence has been modified, > > > > > (b) the quantity of water authorised to be taken under the group licence has been reduced, or > > > > > (c) a right held under the group licence for the taking of water for any purpose from a river, lake or section of a river has been restricted or suspended, > > > > shall, in the absence of proof to the contrary, be evidence that the failure was caused by that Board. > > **s 20SA:** Ins 1977 No 103, Sch 2 (31). Am 1978 No 121, Sch 1 (7); 1984 No 66, Sch 2 (6); 1992 No 112, Sch 1.