23Property owners not to direct stormwater onto neighbouring properties

23 Property owners not to direct stormwater onto neighbouring properties

(1)  A property owner must ensure that stormwater is not discharged from a private stormwater system so that it causes or is likely to cause a nuisance to a neighbouring property or its residents.

Penalty:  In the case of –

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

(b) an individual, a fine not exceeding 20 penalty units.

(2)  If a property owner directs stormwater onto a neighbouring property and creates a nuisance, a general manager may –

(a) issue a notice to the property owner giving him or her 28 days to stop causing the nuisance; and

(b) if the property owner does not comply with the notice, the council may carry out such works as may be necessary to rectify the nuisance, with the costs of such rectification to be borne by the property owner.

(3)  Any costs incurred under subsection (2)(b) are recoverable in a court of competent jurisdiction.