14Interference with public stormwater systems

14 Interference with public stormwater systems

(1)  A person must not, without a general manager's consent, cause or permit –

(a) any works to be connected to a public stormwater system; or

(b) the alteration or removal of, or interference with, a public stormwater system.

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.

(2)  If a person contravenes subsection (1) , a general manager may serve on the person a written notice requiring the person to remove the connection, rectify any damage or desist from discharging material into 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 200 penalty units; or

(b) an individual, a fine not exceeding 50 penalty units.

(4)  If a person fails to comply with the notice within the specified period, the council may demolish, remove or remedy the works and carry out any works necessary for restoring or reinstating the infrastructure.

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

(a) the person responsible for the works demolished, removed or remedied and any person who directed those works to be done are jointly and severally liable for the expenses incurred by the council in carrying out the works referred to in subsection (4) ; and

(b) any such expenses are recoverable in a court of competent jurisdiction.