282Duty not to damage watercourse or lake

282 Duty not to damage watercourse or lake

(1)  This section does not apply to any damage caused in the normal course of an activity authorised by, or under, this Act.

(2)  In taking water as provided by this Act, it is the duty of the owner and occupier of land on which a watercourse or lake is situated or that adjoins a watercourse or lake, and any other person permitted to take water on or from that land, to take reasonable steps to prevent damage to the bed and banks of the watercourse or the bed, banks or shores of the lake and to the ecosystems that depend on the watercourse or lake.

(3)  Where a person has failed to carry out his or her duty under subsection (2) , the Minister may serve notice on that person directing him or her to take such action as is specified in the notice –

(a) to prevent damage of the kind referred to in subsection (2) ; and

(b) to rectify the failure; and

(c) as may be necessary or desirable in order to make good any damage caused.

(4)  If an owner, occupier or other person contravenes a notice under subsection (3)  –

(a) the Minister may authorise a person to enter on the land and take the action specified in the notice and such other action as may be appropriate in the circumstances; and

(b) the Minister's expenses actually and reasonably incurred in doing so are a debt due by the owner, occupier or other person to the Minister and recoverable as such in any court of competent jurisdiction.

(5)  An owner, occupier or other person must not contravene a notice under subsection (3) .

Penalty:  Fine not exceeding 50 penalty units.