New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 271

271 Maintenance of minor floodgates

(1) In this section,
"minor floodgate" means any floodgate that is not a major floodgate.

(2) It is the duty of each landholder for the protection of whose land a minor floodgate operates to keep the floodgate at all times in a good and proper state of repair and working order.

(3) If any such landholder fails to perform that duty, the Minister may by notice in writing direct the landholder to take such measures as to the maintenance, operation or repair of the floodgate as may be specified in the notice.

(4) If any landholder fails to comply with the terms of the notice, the Minister--

(a) may authorise any person to enter the land on which the minor floodgate is located and to take such measures as to the maintenance, operation or repair of the floodgate as the Minister considers necessary, and

(b) may recover any cost incurred in so doing from the landholder in any court of competent jurisdiction as a debt due to the Crown.

(5) In the case of multiple landholders, the liability imposed on them under this section is joint and several but, as between themselves, each is liable only for such share of the liability as bears the same proportion to the total liability as the area of the person's land for the protection of which the floodgate operates bears to the total area of land for the protection of which the floodgate operates.

(6) If any landholder pays to the Minister more than the person's share of the total liability the landholder may recover the excess by way of contribution from the others.