17BDischarge of concentrated drainage on to roads

### 17B Discharge of concentrated drainage on to roads > *\[Section 17B Inserted by No. 101 of 1957, s. 13 \]* > > > (1)  *\[Section 17B Subsection (1) amended by No. 55 of 1965, s. 5 \]**\[Section 17B Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*An owner or occupier of land adjacent to a State highway or subsidiary road shall not do anything to concentrate the natural drainage of the land on to the State highway or subsidiary road without the consent, in writing, of the Minister. > > > > Penalty:  Fine not exceeding 10 penalty units. > > > (2)  The road authority of a road running into a State highway or subsidiary road shall not do any works by means of which the natural drainage from its road is carried or will run into a drain or culvert on or connected with the State highway or subsidiary road without the consent, in writing, of the Minister. > > > (3)  The Minister's consent under this section may be subject to conditions. > > > (4)  Without prejudice to the generality of [subsection (3)](#GS17B@Gs3@EN) the Minister may make a condition of his consent that the person requiring the consent shall – > > > > > > (a) as directed by the Minister and under the supervision and to the satisfaction of an officer designated by him enlarge a drain or culvert on or connected with the State highway or subsidiary road to the extent which the Minister thinks necessary to carry the additional drainage; or > > > > > > > (b) pay the Minister the cost incurred by him in carrying out such enlargement. > > > (5)  Where concentrated natural drainage is discharged on to a State highway or subsidiary road contrary to this section or in breach of a condition of the Minister's consent the Minister may by his name of office sue the person responsible therefor as if he were the owner of the State highway or subsidiary road and may in addition to any other remedy recover as damages the amount that he will be required to spend on and in connection with drains and culverts if the concentrated drainage continues to discharge upon the State highway or subsidiary road.