sec.39Watercourses and road works

### sec.39 Watercourses and road works To carry out road works, the chief executive may— divert a watercourse; or construct a watercourse, whether temporary or permanent. In taking action under subsection (1) , the chief executive must consider the effect that the action will have on the physical integrity and flow characteristics of the watercourse. The chief executive may enter and occupy private land under section 35 and carry out works that the chief executive considers necessary or desirable to enable a watercourse to operate effectively and efficiently. s 39 amd 2005 No. 42 s 52 sch 1 ; 2024 No. 2 s 80 sch 1 (sec.39-ssec.1) To carry out road works, the chief executive may— divert a watercourse; or construct a watercourse, whether temporary or permanent. (sec.39-ssec.2) In taking action under subsection (1) , the chief executive must consider the effect that the action will have on the physical integrity and flow characteristics of the watercourse. (sec.39-ssec.3) The chief executive may enter and occupy private land under section 35 and carry out works that the chief executive considers necessary or desirable to enable a watercourse to operate effectively and efficiently. - (a) divert a watercourse; or - (b) construct a watercourse, whether temporary or permanent.