63AEvidentiary provisions for offences under section 63

63A Evidentiary provisions for offences under section 63 (1) In any proceeding for an offence under section 63(1), (2) or (3) against a person, evidence that water has been taken to land, diverted to land or used on land that is specified in a relevant authorisation held by that person as land on which that water may be used, is evidence that the person took or used 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 63(1), (2) or (3) against a person, in a case where subsection (1) does not apply, evidence that water has been taken to land, diverted to land or used on land occupied by the person is evidence that the person took or used that 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 63(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 measures the amount of water that is taken to, diverted to or used on land, the finding of guilt is evidence that— (a) the person took water and, in the absence of evidence to the contrary, is proof of that fact; and (b) the person was not authorised to take the water and, in the absence of evidence to the contrary, is proof of that fact. ***relevant authorisation*** means any of the following— (a) a bulk entitlement; (b) a licence issued under section 51; (c) a licence issued under section 67. S. 63B inserted by No. 23/2019 s. 30.