Queensland Numbered Acts

NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 335

335 Insertion of new s 829

After section 828 —
insert—

829 Persons taken to have committed particular offences

(1) This section applies if—

(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 that have an approved meter attached.

(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.

(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.

(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—

(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.

(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.