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Natural Heritage (Scotland) Act 1991

Status:

This is the original version (as it was originally enacted).

21Offences against drought orders

(1)A person who—

(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 such an order,

shall be guilty of an offence under this section.

(2)A person who—

(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 a person authorised for the purpose by or under any such order to inspect and examine any such apparatus or any records made thereby or kept by that person in connection with that apparatus or to take copies of any such records,

shall be guilty of an offence under this section.

(3)In any proceedings against a 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.

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