sec.829Persons taken to have committed particular offences

### sec.829 Persons taken to have committed particular offences This section applies if— more than 1 person is the holder of a particular water entitlement; or more than 1 water entitlement holder takes water through particular works to which a measurement device is attached, or to which a measurement system relates, in accordance with measurement requirements to which the water entitlement is subject. If subsection (1) (a) applies and the taking of water purportedly under the water entitlement constitutes an offence, each water entitlement holder is taken to have committed the offence. If subsection (1) (b) applies and the taking of water through the works constitutes an offence, each water entitlement holder is taken to have committed the offence. However, a person (the first person ) is not liable, under this section, for an offence constituted by the taking of the water mentioned in subsections (2) or (3) if— another person, including, for example, another holder of the water entitlement, makes a written admission stating the other person committed the offence; or the chief executive is reasonably satisfied— the water was taken by another person, including, for example, another holder of the water entitlement; and the first person was not associated with the other person at the time the offence was committed, and the first person took all reasonable steps to prevent the water being taken. For subsection (4) (b) , the first person is associated with the other person if the other person is the employee, or agent of, or a contractor for, the first person. s 829 ins 2019 No. 17 s 335 amd 2023 No. 24 s 47 (sec.829-ssec.1) This section applies if— more than 1 person is the holder of a particular water entitlement; or more than 1 water entitlement holder takes water through particular works to which a measurement device is attached, or to which a measurement system relates, in accordance with measurement requirements to which the water entitlement is subject. (sec.829-ssec.2) If subsection (1) (a) applies and the taking of water purportedly under the water entitlement constitutes an offence, each water entitlement holder is taken to have committed the offence. (sec.829-ssec.3) If subsection (1) (b) applies and the taking of water through the works constitutes an offence, each water entitlement holder is taken to have committed the offence. (sec.829-ssec.4) However, a person (the first person ) is not liable, under this section, for an offence constituted by the taking of the water mentioned in subsections (2) or (3) if— another person, including, for example, another holder of the water entitlement, makes a written admission stating the other person committed the offence; or the chief executive is reasonably satisfied— the water was taken by another person, including, for example, another holder of the water entitlement; and the first person was not associated with the other person at the time the offence was committed, and the first person took all reasonable steps to prevent the water being taken. (sec.829-ssec.5) For subsection (4) (b) , the first person is associated with the other person if the other person is the employee, or agent of, or a contractor for, the first person. - (a) more than 1 person is the holder of a particular water entitlement; or - (b) more than 1 water entitlement holder takes water through particular works to which a measurement device is attached, or to which a measurement system relates, in accordance with measurement requirements to which the water entitlement is subject. - (a) another person, including, for example, another holder of the water entitlement, makes a written admission stating the other person committed the offence; or - (b) the chief executive is reasonably satisfied— (i) the water was taken by another person, including, for example, another holder of the water entitlement; and (ii) the first person was not associated with the other person at the time the offence was committed, and (iii) the first person took all reasonable steps to prevent the water being taken. - (i) the water was taken by another person, including, for example, another holder of the water entitlement; and - (ii) the first person was not associated with the other person at the time the offence was committed, and - (iii) the first person took all reasonable steps to prevent the water being taken. - (i) the water was taken by another person, including, for example, another holder of the water entitlement; and - (ii) the first person was not associated with the other person at the time the offence was committed, and - (iii) the first person took all reasonable steps to prevent the water being taken.