45Control of drainage

45 Control of drainage

(1)  A person who owns or occupies land adjoining the rail network must not, without the written consent of the responsible Rail Infrastructure Manager –

(a) do anything to concentrate the natural drainage of the adjoining land onto the rail network; or

(b) do anything on the adjoining land to increase, impede or redirect natural drainage in and around the rail network; or

(c) cause or allow effluent from the adjoining land to flow, drain, seep or otherwise discharge onto the rail network.

(2)  If a railway entity has to carry out railway works to ensure the safety or operability of the rail network as the direct or indirect result of an adjoining landholder's failure to comply with the obligation under subsection (1) , any costs reasonably incurred by the railway entity in carrying out those railway works are recoverable as a debt due to the railway entity from the adjoining landholder.

(3)  In this section –

effluent includes irrigation run-off, storm water and waste water (whether generated by humans or animals);

onto, the rail network, means onto the surface of the rail network or into any part of the subsurface of the rail network.

| Note: For a part of the rail network that does not for the time being have a Rail Infrastructure Manager, section 8(5) applies to the operation of this section. |