17CSullage draining on to roads

17C Sullage draining on to roads

[Section 17C Inserted by No. 101 of 1957, s. 13 ]

(1)  *[Section 17C Subsection (1) amended by No. 55 of 1965, s. 5 ]**[Section 17C Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]*No person shall cause or suffer any drainage other than water naturally on land from rain, snow, natural flow in watercourses or over ground, or soakage to flow into any drain on, or draining, a State highway or subsidiary road without the consent in writing of the Minister.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The Minister's consent under this section may be subject to conditions.

(3)  Where drainage flows in a drain on, or draining, a State highway or subsidiary road contrary to this section the Minister may by notice in writing require the person responsible to keep the drainage out of any drain on, or draining, a State highway or subsidiary road, and if that person fails or neglects to comply for 30 days after receiving the notice the Minister may by notice in writing require the local authority to take proper steps to that end within 90 days, and if the local authority does not do so the Minister may do so, charging the cost to the Fund in the first place and recovering it from the person responsible.

(4)  *[Section 17C Subsection (4) amended by No. 35 of 1985, s. 25 and Sched. 1 ]*For the purposes of subsection (3) the cost –

(a) is ascertainable by the certificate of the Director; and

(b) when so ascertained is recoverable as a debt.

(5)  *[Section 17C Subsection (5) amended by No. 35 of 1985, s. 25 and Sched. 1 ]*This section –

(a) applies to councils having the control of roads;

(b) does not authorize a nuisance; and

(c) does not affect civil remedies or the operation of –

(i) Chapter XV of the Criminal Code ;

(ii) [Section 17C Subsection (5) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] the ;