22Requirement to disconnect

22 Requirement to disconnect

(1)  A general manager may, by notice served on the owner of a property, require the owner to remove any existing connection between that property and the public stormwater system –

(a) if that connection has been made in contravention of this Act or it contravenes any regulation made under this Act; or

(b) if, in the opinion of the general manager, it is necessary to do so; or

(c) if it is in the interests of health, safety or the environment; or

(d) to prevent damage to the public stormwater system.

(2)  The owner of land who has been served with a notice under subsection (1) must comply with the notice within 28 days, or any longer period allowed by the general manager.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

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

(3)  If an owner of land who has been served with a notice under subsection (1) does not comply with the notice within 28 days or any longer period allowed by the general manager, the council may –

(a) do the things that the owner was required by the notice to do; and

(b) recover from the owner its reasonable costs of doing so.

(4)  The owner of land who has been served with a notice under subsection (1) may apply to the Appeal Tribunal for a review of the decision by the general manager to serve the notice.