Sydney Water Act 1994 No 88
Current version for 1 January 2014 to date (accessed 28 November 2014 at 09:53)

53B   Liability for water restriction offences in certain circumstances

(1) Offence
If a water restriction offence occurs on any land and the identity of the person who committed the offence cannot be ascertained at the relevant time by an authorised person who witnessed the commission of the offence, the following are, subject to this section, taken to be guilty of the offence:
(a)  each person who was an owner of the land at the relevant time,
(b)  each person who was an occupier of the land at the relevant time.
(2) Liability of actual offender not affected
Subsection (1) does not affect the liability of the person who committed the water restriction offence but, if a penalty has been recovered from any person in relation to the offence, no further penalty may be imposed on or recovered from any other person.
(3) Exception for owner
Subsection (1) (a) does not apply if a person who was an owner of the land at the relevant time:
(a)  gives notice in accordance with subsection (5) of the name and address of the person who the owner has reasonable grounds to believe:
(i)  committed the offence, or
(ii)  was an occupier of the land at the relevant time, or
(b)  satisfies the person specified in the penalty notice or the court dealing with the offence (as the case requires) that the owner did not commit the offence and did not know, and could not with reasonable diligence have ascertained, the name and address of the person who was an occupier of the land at the relevant time.
(4) Exception for occupier
Subsection (1) (b) does not apply if a person who was an occupier of the land at the relevant time:
(a)  gives notice in accordance with subsection (5) of the name and address of the person who the occupier has reasonable grounds to believe committed the offence, or
(b)  satisfies the person specified in the penalty notice or the court dealing with the offence (as the case requires) that the occupier did not commit the offence and did not know, and could not with reasonable diligence have ascertained, the name and address of the person who committed the offence.
(5) Notice given by owner or occupier
A notice for the purposes of subsection (3) (a) or (4) (a) must be verified by statutory declaration and:
(a)  if a penalty notice has been given for the water restriction offence—the notice must be given to the person specified in the penalty notice within 21 days after service of the penalty notice, or
(b)  if a court is dealing with the offence—the notice must be given to the informant within 21 days after service of the court attendance notice for the offence.
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