294Evidentiary provision for meters

294 Evidentiary provision for meters

(1)  Where in any proceedings under this Act it is proved that –

(a) a meter used to measure the quantity of water taken from a water resource has been adjusted or modified in a manner that affects the accuracy of the meter; or

(b) a pipe has been installed to bypass a meter referred to in paragraph (a) ; or

(c) any other pipe or fitting has been interfered with –

it is to be presumed (in the absence of proof to the contrary) that the occupier of the land on which the meter, pipe or other fitting is situated, or a person acting on his or her behalf, was the person who –

(d) adjusted or modified the meter; or

(e) installed the pipe bypassing the meter; or

(f) interfered with the pipe or other fitting.

(2)  [Section 294 Subsection (2) amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] Where, for the purposes of an infringement notice or any proceedings under this Act, a reading from a meter is used as evidence that a person took water without authority, took water in excess of an authorised quantity of water or took water contrary to a condition endorsed on a licence, a meter reading obtained in accordance with section 233 is evidence of the amount of water taken.