5Council to provide adequate public stormwater systems

5 Council to provide adequate public stormwater systems

(1)  A council must, in accordance with the objects of this Act, provide for such public stormwater systems as may be necessary to effectively drain the urban area of the council's municipal area.

(2)  If a complaint is made to the Minister that a council has failed or neglected to make provision in accordance with subsection (1) , the Minister may investigate the complaint.

(3)  If, after investigating a complaint, the Minister is satisfied that the council has failed or neglected to perform its duty, he or she may make an order declaring the council to be in default and directing it to make provision in accordance with subsection (1) within such period as may be specified in the order.

(4)  A council may appeal to the Appeal Tribunal against an order under subsection (3) within the period specified in the order.

(5)  [Section 5 Subsection (5) amended by No. 18 of 2021, s. 344, Applied:05 Nov 2021] The Appeal Tribunal is to hear and determine an appeal in accordance with the Tasmanian Civil and Administrative Tribunal Act 2020 .

(6)  A council must –

(a) comply with an order under subsection (3) within the period specified; or

(b) lodge an appeal in accordance with subsection (4) .

Penalty:  Fine not exceeding 1 000 penalty units.

(7)  If a council fails to comply with any requirement of an order within the period specified, the Minister may take whatever action he or she considers necessary to rectify the council's default, and all the costs and expenses of and incidental to the Minister's action must be paid by the council to the Crown.