36Obstruction of water management works

36 Obstruction of water management works

36 Obstruction of water management works

(1) If a person places a structure or other thing in or near any of the water management works of Water NSW in such a manner as to interfere with the work, Water NSW may—

(a) demolish and remove the structure or other thing, and

(b) repair the work, and

(c) recover the cost of doing so in a court of competent jurisdiction as a debt owing to Water NSW by the person who placed the structure or other thing there.

(2) Water NSW may apply for and obtain an injunction to prevent a structure or other thing being placed as referred to in subsection (1).

(3) A person—

(a) must not wilfully or negligently destroy, damage or interfere with any water management works of Water NSW, or

(b) must not open up ground to expose any water management work of Water NSW without reasonable excuse, or the consent of Water NSW, and without giving Water NSW at least 2 days’ written notice of intention to open the ground unless that requirement is waived by Water NSW.

Maximum penalty—

(a) in the case of a corporation—400 penalty units, or

(b) in the case of an individual—200 penalty units.