56WStructures over works

56W Structures over works

(1)  Unless subsection (6) applies, a person must not, without a regulated entity's consent, cause or permit –

(a) any prescribed structure to be built, or any filling to be placed, on land over which –

(i) an easement exists in favour of the regulated entity; or

(ii) an easement exists for water infrastructure or sewerage infrastructure; or

(b) any prescribed structure to be built, or any filling to be placed, within 2 metres laterally of any water infrastructure or sewerage infrastructure of the regulated entity or such other distance as is prescribed in the regulations; or

(c) any prescribed structure to be built above or below any area prohibited by paragraph (b) ; or

(d) to be removed any soil, rock or other matter that supports, protects or covers any works of the regulated entity.

Penalty:  Fine not exceeding 100 penalty units.

(2)  An application for the regulated entity's consent under subsection (1) must be made in the manner determined by the regulated entity, and must be accompanied by any plans and other information that the regulated entity requires.

(3)  The regulated entity may –

(a) refuse its consent; or

(b) consent; or

(c) consent subject to any terms and conditions that it thinks fit.

(4)  A person who, with the consent of a regulated entity, causes or permits anything referred to in subsection (1) to be done must make sure that it is done in accordance with any terms and conditions subject to which the regulated entity gave its consent.

Penalty:  Fine not exceeding 100 penalty units.

(5)  Terms and conditions subject to which the regulated entity consents are binding on the successors in title or assigns of the person who applied for that consent.

(6)  Subsection (1) does not apply in respect of the authority responsible for the management of a road if it is necessary for the authority to do anything referred to in that subsection for the purpose of constructing a road or conducting maintenance works on a road.