143.—(1) If any person—
(a)takes or uses water in contravention of a prohibition or limitation imposed by or under any drought order or takes or uses water otherwise than in accordance with any condition or restriction so imposed; or
(b)discharges water otherwise than in accordance with any condition or restriction imposed by or under a drought order,
he shall be guilty of an offence.
(2) If any person—
(a)fails to construct or maintain in good order a gauge, weir or other apparatus for measuring the flow of water which he was required to construct or maintain by any drought order; or
(b)fails to allow some person authorised for the purpose by or under a drought order to inspect and examine any such apparatus or any records made thereby or kept by that person in connection therewith or to take copies of any such records,
he shall be guilty of an offence.
(3) In any proceedings against any person for an offence under this Article it shall be a defence for that person to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(4) A person who is guilty of an offence under this Article shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
Commencement Information
I1Art. 143 wholly in operation at 1.4.2007; art. 143 in operation at 1.1.2007 in so far as it confers power on a Northern Ireland department to make regulations or orders or makes provision with respect to the exercise of any such power, see art. 1(3)(e); art. 143 in operation at 1.4.2007 insofar as not already in operation by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)