367BRebuttable presumptions

#### 367B Rebuttable presumptions 367B Rebuttable presumptions > > (1) In proceedings for an offence or a contravention of a civil penalty provision under this Act or the regulations being taken against a landholder— > > > > > (a) the fact that a water management work is or has been located— > > > > > > > (i) on the landholder’s land, or > > > > > > > (ii) in a river or lake within the landholder’s land, > > > > > > gives rise to a rebuttable presumption that the work was constructed by the landholder, and > > > > > (b) the fact that a water management work is being or has been used— > > > > > > > (i) on the landholder’s land, or > > > > > > > (ii) in a river or lake within the landholder’s land, > > > > > > gives rise to a rebuttable presumption that the work is being or has been used by the landholder, and > > > > > (c) the fact that water is being or has been taken from a water source by means of a water supply work situated— > > > > > > > (i) on the landholder’s land, or > > > > > > > (ii) in a river or lake within the landholder’s land, > > > > > > gives rise to a rebuttable presumption that the water is being or has been taken by the landholder, and > > > > > (d) the fact that water is being or has been discharged into a water source by means of a drainage work situated on the landholder’s land gives rise to a rebuttable presumption that the water is being or has been discharged by the landholder, and > > > > > (e) the fact that water is being or has been used on the landholder’s land gives rise to a rebuttable presumption that the water is being or has been used by the landholder, and > > > > > (f) the fact that a controlled activity is being or has been carried out on waterfront land within the landholder’s land gives rise to a rebuttable presumption that the activity is being or has been carried out by the landholder, and > > > > > (g) the fact that an aquifer interference activity is being or has been carried out on the landholder’s land gives rise to a rebuttable presumption that the activity is being or has been carried out by the landholder. > > > (2) In proceedings for an offence or a contravention of a civil penalty provision under this Act or the regulations being taken against the holder of an approval for a water supply work, the fact that water is being or has been taken from a water source— > > > > > (a) by means of the work, or > > > > > (b) through metering equipment installed in connection with the work, > > > > gives rise to a rebuttable presumption that the holder of the approval is or has been using the work to take water from that water source. > > > (3) In proceedings for an offence or a contravention of a civil penalty provision under this Act or the regulations, the fact that a work of the kind referred to in— > > > > > (a) the definition of drainage work in the Dictionary, or > > > > > (b) paragraph (a), (b) or (c) of the definition of water supply work in the Dictionary, > > > > is capable of being used for the purpose referred to in that provision gives rise to a rebuttable presumption that the work has been constructed or used for that purpose. > > > (4) This section does not limit the operation of section 60E or 91L. > > **s 367B:** Ins 2008 No 73, Sch 3 \[2\]. Am 2025 No 70, Sch 3\[134\].