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Contents (2000 - 92)
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Water Management Act 2000 No 92
Current version for 1 July 2019 to date (accessed 19 October 2019 at 15:06)
Chapter 7 Part 5 Division 1 Section 363A
363A   Offences by joint holders of access licence or approval
(1)  If an offence against this Act or the regulations arises in relation to an access licence or approval, each co-holder of the licence or approval is taken to have committed the offence.
(2)  A co-holder of a licence or approval is not guilty of such an offence if the co-holder establishes that:
(a)  the offence was committed by some other person (whether or not another co-holder of the licence or approval), and
(b)  the other person was not associated with the co-holder at the time the offence was committed, and
(c)  the co-holder took all reasonable steps to prevent the offence from being committed.
(3)  A person is associated with a co-holder of a licence or approval for the purposes of subsection (2) (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the co-holder.
(4)  A person may, under this section, be proceeded against and convicted for an offence whether or not any other person has been proceeded against or convicted for the offence.