73Works involving, or in proximity of, existing drains

### 73 Works involving, or in proximity of, existing drains > > (1)  [*\[Section 73 Subsection (1) amended by No. 9 of 2023, s. 13, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS13@Hpa@EN) A person must not perform any building work over an existing drain or within one metre from the edge of an existing drain measured horizontally, unless the owner of the building obtains written consent from the permit authority for the municipal area where the work is performed. > > > > Penalty:  Fine not exceeding 50 penalty units. > > > (2)  [*\[Section 73 Subsection (2) amended by No. 9 of 2023, s. 13, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS13@Hpb@EN) The permit authority may impose any reasonable condition on written consent given under [subsection (1)](#GS73@Gs1@EN) . > > > (3)  [*\[Section 73 Subsection (3) amended by No. 9 of 2023, s. 13, Applied:01 Oct 2024\]*](/view/html/inforce/2024-10-01/act-2023-009#GS13@Hpc@EN) The permit authority may require an owner of a building to give a written undertaking not to hold the council liable for damage or inconvenience arising from the building work performed in accordance with the written consent of the permit authority under this section.