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WATER AND CATCHMENT LEGISLATION AMENDMENT ACT 2019 (NO. 23 OF 2019) - SECT 81

Control of works and structures

    (1)     For section 208(1) and (1A) of the Principal Act substitute

    "(1)     A person must not knowingly cause or permit the undertaking or erection of any regulated works or structure within a relevant Authority's waterway management district, without the consent of the relevant Authority, being an undertaking or erection that results in—

        (a)     land, works or water being seriously damaged; or

        (b)     another person suffering substantial economic loss.

Penalty:     For an individual, 10 years imprisonment or 1200 penalty units or both;

For a body corporate, 6000 penalty units.

    (1A)     A person must not recklessly cause or permit the undertaking or erection of any regulated works or structure within a relevant Authority's waterway management district, without the consent of the relevant Authority, being an undertaking or erection that results in—

        (a)     land, works or water being seriously damaged; or

        (b)     another person suffering substantial economic loss.

Penalty:     For an individual, 5 years imprisonment or 600 penalty units or both;

For a body corporate, 3000 penalty units.

    (1B)     A person must not cause or permit the undertaking or erection of any regulated works or structure within a relevant Authority's waterway management district, without the consent of the relevant Authority.

Penalty:     For an individual, 120 penalty units;

For a body corporate, 600 penalty units.

    (1C)     Subsections (1), (1A) and (1B) do not apply to—

        (a)     a public statutory authority; and

        (b)     a person who is acting under and in accordance with a levee maintenance permit.".

    (2)     In section 208(2) of the Principal Act, for "undertake works or erect structures of a kind referred to in subsection (1)(a) or in a place referred to in subsection (1)(b) must, before undertaking the works or erecting the structures" substitute "undertake or erect any regulated works or structure must, before undertaking or erecting the works or structure".

    (3)     In section 208(4) of the Principal Act, after "specified in the notice" insert ", within 14 days of the notice being served on the owner".

    (4)     For section 208(5) of the Principal Act substitute

    "(5)     A person must not fail to comply with any notice under subsection (4).

Penalty:     For an individual, 60 penalty units;

For a body corporate, 300 penalty units.".

    (5)     After section 208(6) of the Principal Act insert

    "(7)     In this section—

"regulated works or structure" means any of the following—

        (a)     works or a structure within an area of land declared to be liable to flooding or declared to be a floodway area, that may have the effect of—

              (i)     controlling or mitigating floodwaters; or

              (ii)     discharging stormwater; or

              (iii)     excluding tidal water; or

              (iv)     concentrating or diverting floodwater or stormwater;

        (b)     works or a structure between a building line and any part of the designated waterway or designated land or works in relation to which the building line was declared;

"relevant Authority" means an Authority to which this Division applies and that has the function referred to in section 202(1)(d) or (e) or (2)(d) or (e).".



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