sec.38Approvals to divert or construct watercourses

### sec.38 Approvals to divert or construct watercourses To carry out railway works, a railway manager may, with the Coordinator-General’s written approval— divert a watercourse; or construct a watercourse, whether temporary or permanent. In deciding whether to approve the diversion or construction of a watercourse, the Coordinator-General must consider— for the diversion of a watercourse— the effect the works for the diversion would have on the watercourse’s physical integrity and flow characteristics; and the impact of the diversion on land adjacent to the watercourse; and for the construction of a watercourse—the impact of the construction on land adjacent to the watercourse. Subsection (2) does not limit the matters the Coordinator-General may consider. The approval may be given with or without conditions. (sec.38-ssec.1) To carry out railway works, a railway manager may, with the Coordinator-General’s written approval— divert a watercourse; or construct a watercourse, whether temporary or permanent. (sec.38-ssec.2) In deciding whether to approve the diversion or construction of a watercourse, the Coordinator-General must consider— for the diversion of a watercourse— the effect the works for the diversion would have on the watercourse’s physical integrity and flow characteristics; and the impact of the diversion on land adjacent to the watercourse; and for the construction of a watercourse—the impact of the construction on land adjacent to the watercourse. (sec.38-ssec.3) Subsection (2) does not limit the matters the Coordinator-General may consider. (sec.38-ssec.4) The approval may be given with or without conditions. - (a) divert a watercourse; or - (b) construct a watercourse, whether temporary or permanent. - (a) for the diversion of a watercourse— (i) the effect the works for the diversion would have on the watercourse’s physical integrity and flow characteristics; and (ii) the impact of the diversion on land adjacent to the watercourse; and - (i) the effect the works for the diversion would have on the watercourse’s physical integrity and flow characteristics; and - (ii) the impact of the diversion on land adjacent to the watercourse; and - (b) for the construction of a watercourse—the impact of the construction on land adjacent to the watercourse. - (i) the effect the works for the diversion would have on the watercourse’s physical integrity and flow characteristics; and - (ii) the impact of the diversion on land adjacent to the watercourse; and