13Protection of stormwater assets

13 Protection of stormwater assets

(1)  Unless subsection (11) applies, a person must not, without a general manager's consent, cause or permit –

(a) any prescribed structure to be built on, or any filling to be placed on or removed from, land over which –

(i) an easement exists in favour of the relevant council; or

(ii) an easement exists for public stormwater systems; or

(b) any prescribed structure to be built on, or any filling to be placed or removed from, within one metre laterally from the outer edge of any public stormwater systems of the council or such other distance as determined by the general manager; or

(c) any prescribed structure to be built above or below any area prohibited by paragraph (b) ; or

(d) the removal of any soil, rock or other matter that supports, protects or covers any stormwater-related works of the council.

Penalty:  Fine not exceeding 100 penalty units.

(2)  If, in contravention of this section, any thing is erected or constructed, the general manager may serve on the person responsible for the building or construction a written notice requiring the person to demolish, remove or remedy the works and carry out such other works as are necessary to restore or reinstate the public stormwater system within 28 days or any longer period the general manager allows.

(3)  A person must comply with a notice issued under subsection (2) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 500 penalty units; or

(b) an individual, a fine not exceeding 200 penalty units.

(4)  If a person fails to carry out the works required in the notice within the specified period, the council may demolish, remove or remedy the building or construction and carry out any works necessary for restoring or reinstating the public stormwater system.

(5)  If the council carries out works under subsection (4)  –