Water Management Act 2000
367BRebuttable presumptions
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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—