120Duty of occupier to keep in repair

#### 120 Duty of occupier to keep in repair 120 Duty of occupier to keep in repair > > (1) It shall be the duty of each occupier of any of the lands in sections 107 and 109 mentioned, and if any of the said lands should at any time be unoccupied it shall be the duty of the owner thereof, to maintain in good repair and in efficient condition such channels and other works in connection therewith as have been constructed through the land, and any occupier or owner who fails to comply with the provisions of this subsection shall be liable to a penalty not exceeding 5 penalty units. > > > (2) The Ministerial Corporation, or any person appointed by it in that behalf, may, on being informed of any failure by an occupier or owner to comply with the provisions of the last preceding subsection, require the occupier or owner, by notice in writing served on the owner or occupier, to effect such repairs and do such things as the Ministerial Corporation may consider necessary in order to put the channel in an efficient condition. > > > > If the occupier or owner for one week after receipt of the notice fails or neglects to comply therewith it shall be lawful for the Ministerial Corporation to cause such repairs and things as aforesaid to be effected and done, and recover from the occupier or owner, as the case may be, in any court of competent jurisdiction, the expenses thereby incurred. > > **s 120:** Am 1930 No 15, sec 4 (m); 1970 No 5, Sch; 1978 No 121, Sch 1 (24); 1992 No 112, Sch 1.