Water Resources Act 1991

80 Offences against drought order. E+W

(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 [F1 imposed by or under any drought order or by any drought permit]; or

(b) discharges water otherwise than in accordance with any condition or restriction imposed by or under such an order,

he shall be guilty of an offence under this section.

(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 [F2 or drought permit]; or

(b) fails to allow some person authorised for the purpose by or under any such order [F3 or by virtue of any such permit] 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 under this section.

(3) In any proceedings against any person for an offence under this section 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 section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

Textual Amendments

F1 Words in s. 80(1)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 141(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F2 Words in s. 80(2)(a) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 141(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F3 Words in s. 80(2)(b) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 141(c) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3