289AEvidentiary provisions for offences under section 289[[51]](#endnote-52)

289A Evidentiary provisions for offences under section 289[[51]](#endnote-52) (1) In any proceeding for an offence under section 289(1), (2) or (3) against a person, evidence that water has been taken to, diverted to or used on land that is specified in a relevant authorisation held by that person, is evidence that the person took, used or diverted the water and, in the absence of evidence to the contrary, is proof of that fact. (2) In any proceeding for an offence under section 289(1), (2) or (3) against a person, in a case where subsection (1) does not apply, evidence that water has been taken to, diverted to or used on land occupied by the person is evidence that the person took, used or diverted the water and, in the absence of evidence to the contrary, is proof of that fact. (3) To avoid doubt, subsection (2) applies to a person who is the occupier of land who is also the owner of the land. (4) In a proceeding for an offence under section 289(1), (2) or (3), if a person has been found guilty of an offence under section 288(1), (2) or (3) in relation to a meter of an Authority that records the amount of water that is taken to, delivered to, supplied to or used on land owned or occupied by the person, the finding of guilt is evidence that— (a) the person took, used or diverted water and, in the absence of evidence to the contrary, is proof of that fact; and (b) the person was not authorised to take, use or divert that water and, in the absence of evidence to the contrary, is proof of that fact. ***relevant authorisation*** means a consent of the Authority or another authorisation under this or any other Act. S. 289B inserted by No. 23/2019 s. 92.