32Offences in relation to flood protection works

32 Offences in relation to flood protection works

(1)  A person must not remove, damage or destroy any part of flood protection works.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

(2)  A person must not, except in accordance with an approval issued by the Authority, excavate or change the level or topography of any part of land that constitutes flood protection works or on which flood protection works are situated.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

(3)  A person must not, except in accordance with an approval issued by the Authority, erect a building or structure on or over any part of flood protection works.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

(4)  A person must not interfere with the operation of, the flow of water over or through, or the operation of any valves or gates of, flood protection works.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

(5)  A person must not obstruct any access to flood protection works.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

(6)  A person must not, except in accordance with an approval issued by the Authority –

(a) construct any road or access way through or over; or

(b) put a conduit or cable through or under; or

(c) plant a tree or other vegetation on –

any flood protection works.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.

(7)  Nothing in this section is to be taken to limit the application of the Planning Act to and in relation to land that constitutes flood protection works or on which flood protection works are situated.