sec.40Coordinator-General may enter land and carry out activities for watercourses

### sec.40 Coordinator-General may enter land and carry out activities for watercourses If the Coordinator-General considers that water from a watercourse has collected and obstructs, or is likely to collect and obstruct, traffic on the railway, the Coordinator-General, or a person authorised under this section by the Coordinator-General, may— enter the land on which the watercourse is situated; and take the action that the Coordinator-General considers necessary or desirable to reduce or prevent the collection of water. Before acting under subsection (1) , the Coordinator-General may, by written notice, require the owner of the land on which the watercourse is situated to take the action that the Coordinator-General considers necessary or desirable to reduce or prevent the collection of water. The owner must comply with the notice, unless the owner has a reasonable excuse. Maximum penalty—200 penalty units. If the owner does not comply with the notice, the Coordinator-General may exercise the powers mentioned in subsection (1) . The owner is liable to pay the Coordinator-General the costs incurred because of the exercise of the powers. This section applies— even if the water collected, or was likely to collect, as a result of action authorised under an Act; or whether the water collects, or was likely to collect, permanently, temporarily or intermittently. (sec.40-ssec.1) If the Coordinator-General considers that water from a watercourse has collected and obstructs, or is likely to collect and obstruct, traffic on the railway, the Coordinator-General, or a person authorised under this section by the Coordinator-General, may— enter the land on which the watercourse is situated; and take the action that the Coordinator-General considers necessary or desirable to reduce or prevent the collection of water. (sec.40-ssec.2) Before acting under subsection (1) , the Coordinator-General may, by written notice, require the owner of the land on which the watercourse is situated to take the action that the Coordinator-General considers necessary or desirable to reduce or prevent the collection of water. (sec.40-ssec.3) The owner must comply with the notice, unless the owner has a reasonable excuse. Maximum penalty—200 penalty units. (sec.40-ssec.4) If the owner does not comply with the notice, the Coordinator-General may exercise the powers mentioned in subsection (1) . (sec.40-ssec.5) The owner is liable to pay the Coordinator-General the costs incurred because of the exercise of the powers. (sec.40-ssec.6) This section applies— even if the water collected, or was likely to collect, as a result of action authorised under an Act; or whether the water collects, or was likely to collect, permanently, temporarily or intermittently. - (a) enter the land on which the watercourse is situated; and - (b) take the action that the Coordinator-General considers necessary or desirable to reduce or prevent the collection of water. - (a) even if the water collected, or was likely to collect, as a result of action authorised under an Act; or - (b) whether the water collects, or was likely to collect, permanently, temporarily or intermittently.