290Liability of employers and principals

290 Liability of employers and principals

(1)  If an employee or agent commits an offence under this Act –

(a) the employer or the principal is taken to have committed that offence; and

(b) proceedings for that offence may be brought against the principal or employer whether or not proceedings are brought against the employee or agent.

(2)  It is a defence in proceedings for an offence under subsection (1) if the employer or principal can show that he or she –

(a) did not know the offence had been committed; and

(b) could not reasonably have prevented the commission of the offence; and

(c) if practicable to do so, took reasonable action to minimise the impact of the offence on other users of the relevant water resource and the aquatic environment.