Drains Act 1954
An Act to make better provision for schemes and systems of drainage
[Royal Assent 21 December 1954]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
[Section 1 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] This Act may be cited as the Drains Act 1954 .
(1) [Section 2 Subsection (1) amended by No. 23 of 1960, s. 5 and Sched. 1 ][Section 2 Subsection (1) amended by No. 68 of 1962, s. 20 ][Section 2 Subsection (1) amended by No. 39 of 1965, s. 2 ][Section 2 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 2 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 2 Subsection (1) amended by No. 77 of 1995, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –[Section 2 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] associated works, used in respect of drains and systems, means manholes, ventilators, and other works connected with drains;[Section 2 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] Building Appeal Board means the board established under section 203 of the Building Act 2000 ;[Section 2 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] [Section 2 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009]closet includes privy and urinal;[Section 2 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] common drain means a drain, other than a natural watercourse, into which any person who so desires may under this Act or otherwise discharge natural water or concentrated natural water from his or her land;concentrated natural water means natural water which has been concentrated by drains from roofs and paved areas;deleterious effluent means an effluent that will –(a) corrode brick, mortar, or cement;(b) rapidly corrode iron; or(c) give off, or form on mixing with other sewage, noxious vapours;[Section 2 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] district means a drainage district lawfully so appointed;faeces means human excreta and includes any solid or liquid mixture containing human excreta;[Section 2 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997][Section 2 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] harbour authority means the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 ;individual drain means a drain which may lawfully be used only by the owner of a single piece of land;municipality means a municipal area;natural water means water naturally on land from rain, snow, natural flow in watercourses or over the ground, or soakage;order means an order under the common seal of a local authority;[Section 2 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009][Section 2 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] private drain means a drain other than a common drain;railway authority means a person who is a statutory undertaker in respect of a railway undertaking;[Section 2 Subsection (1) amended by No. 9 of 2005, Sched. 1, Applied:01 Jul 2005] rivulet means –[Section 2 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004](a) the Park Street Rivulet; and(b) the Hobart Rivulet; and(c) any other rivulet that is owned by the Hobart City Council;[Section 2 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] septic tank means an on-site waste water management system within the meaning of the Building Act 2000 ;[Section 2 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009]shared drain means a drain which may lawfully be used only by the owners of two or more particular pieces of land;simple sullage water means sullage water not containing any faeces or deleterious effluent;statutory undertaker means a person who is authorized by or under an Act to construct, work, or carry on any railway, dock, harbour, tramway, gas, electricity, water, or other public undertaking, and includes Tasmania Development and Resources, and the Director of Housing;sullage water means water containing filth or refuse and includes any similar liquid, but does not include water fouled only with dirt washed off roads and similar places;[Section 2 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] system means a drainage system of a district;treated sewage means –(a) faeces treated in a manner approved by the Minister administering the Public Health Act 1962 or in a septic tank in lawful use; and(b) sewage which was a deleterious effluent and which has through treatment lost all its distinctive properties.(2) For the purposes of this Act –(a) [Section 2 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(b) treated sewage shall be deemed to be simple sullage water.
PART II - Provision of Drainage
(1) [Section 3 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] It is the duty of every local authority to provide such common drains as may be necessary for effectually draining its municipality for the purpose of preserving the health of the inhabitants of its municipality, and to make such provision, by means of drains, systems or associated works, as may be necessary for effectually dealing with the contents of those drains.(2) [Section 3 Subsection (2) amended by No. 68 of 1962, s. 21 ][Section 3 Subsection (2) omitted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .
(1) [Section 4 Subsection (1) amended by No. 54 of 2001, s. 4 ] Sections eight , fifteen to twenty-three inclusive, twenty-six , thirty-six to forty-four inclusive, eighty-six , and eighty-seven of this Act do not apply to or in respect of any existing system of drainage and the drainage district, if any, appointed in respect of it except as provided by this section or by section five .(2) [Section 4 Subsection (2) omitted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(3) [Section 4 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 4 Subsection (3) amended by No. 75 of 1973, s. 2 (1) and Sched. 1 ][Section 4 Subsection (3) amended by No. 30 of 1995, s. 3 and Sched. 1 ]This Act applies to every existing drainage system for natural water, whether concentrated or not, which–(a) [Section 4 Subsection (3) amended by No. 9 of 2005, Sched. 1, Applied:01 Jul 2005] includes an underground drain that is more than 400 metres long and of a greater cross section than 0·6 square metres, and is not part of a rivulet; and(b) is under the control of the local authority–and the local authority may apply to the Minister to appoint a district for that system, and the Minister may, by notice in the Gazette–(a) [Section 4 Subsection (3) amended by No. 9 of 2005, Sched. 1, Applied:01 Jul 2005] appoint a district accordingly;(b) assign to it a name; and(c) declare the purpose of the system in accordance with section eight .(4) Where a local authority has under its control a system of drainage to which this Act is not applied by subsection (3) of this section and for which no district has been lawfully appointed, it may apply to the Minister for the appointment of a district for that system and the Minister may, after holding if he thinks fit a public inquiry into the matter, by notice in the Gazette –(a) appoint, define, and name a district for the system; and(b) declare its purpose in accordance with section eight , and thereupon this Act shall apply to that system.
(1) Where a local authority has a district under its control subject to a local Act, the Governor may, on the petition of the local authority, by proclamation, apply this Act to that district.(2) Where this Act is applied to a district under this section, and the local Act to which the district is subject contains provisions appearing to the Governor either to be inconsistent with any provision of this Act or to have become useless in consequence of the application of this Act, the Governor may on the application of the local authority by order-in-council make such alterations, whether by amendment or repeal, in the local Act as appear to him to be necessary for the purpose of bringing its provisions into conformity with the provisions of this Act, or of removing useless provisions, as the case may be.(3) An order made under this section shall be laid before each House of Parliament within the first thirty sitting days after its making and if either House passes a resolution, of which notice has been given within the first fifteen sitting days after the order has been laid before the House, that the order be annulled, it shall be void, and an order-in-council shall be made forthwith revoking it as from the passing of the resolution.(4) Annulment of an order under this section does not prejudice the making of a new order.
(1) [Section 6 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 6 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] Before a scheme for a system may be approved by the Minister under this section it shall include a definition of a district to be served by the system and its proposed name, in the form "The (name of District) Drainage District", and shall specify the purpose of the system in accordance with section eight .(2) Where the scheme is for extending an existing district, whether under this Act or not, the existing name may be applied to the whole district as extended.(3) [Section 6 Subsection (3) substituted by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] A local authority may submit a scheme to the Minister for confirmation.(4) If the Minister decides, upon such inquiries as he thinks fit, to confirm the scheme, he may do so by affixing to a copy of it his official seal, and shall then, by order published in the Gazette, appoint, define, and name the district accordingly; and thereupon the local authority may use the powers conferred by this Act to construct the system for the scheme and this Act shall apply to the system and district.(5) This section does not apply to a scheme for the alteration of, or addition to, any existing work forming part of the system of an existing district, whether under this Act or not, except where extension of the district is involved.
7. Schemes by statutory undertakers
(1) [Section 7 Subsection (1) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] Where a statutory undertaker wishes to drain land owned and used by it for the purposes of its undertaking, the Governor may, on its petition, by proclamation–(a) appoint, define, and name all or part of that land, including the highways, if any, through it, whether the land underlying them is owned by the undertaker or not, as a district;(b) declare the purpose of the district in accordance with section eight ; and(c) [Section 7 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] appoint that statutory undertaker as the drainage authority thereof.(2) [Section 7 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A statutory undertaker so appointed as a drainage authority shall have, in respect of its district, the powers, duties, and liabilities of a local authority under this Act and this Act shall apply to and in respect of the district and the system for the district accordingly.
8. Standard purposes and descriptions
[Section 8 Subsection (2) amended by No. 99 of 1982, s. 3 and Sched. 2, Pt. II ](1) Every system and district shall have a declared purpose and shall be known by a description according with its declared purpose.(2) [Section 8 Subsection (2) amended by No. 18 of 1977, s. 2 ][Section 8 Subsection (2) amended by No. 99 of 1982, Pt. II of Sched.2 ]Any of the following may be the declared purpose of a system:(a) Carrying off natural water, other than concentrated natural water;(b) Carrying off natural water, whether concentrated or not;(c) Carrying off concentrated natural water;(d) [Section 8 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(e) [Section 8 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(f) [Section 8 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(g) [Section 8 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(h) [Section 8 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(i) [Section 8 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(j) [Section 8 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(3) [Section 8 Subsection (3) amended by No. 18 of 1977, s. 2 ][Section 8 Subsection (3) amended by No. 99 of 1982, Pt. II of Sched.2 ]The following descriptions shall be deemed to accord with the purposes set forth in subsection (2) of this section, namely:(a) With the purpose of carrying off natural water other than concentrated natural water, the description of "land drainage";(b) With the purpose of carrying off natural water (whether concentrated or not), the description of "urban land drainage";(c) With the purpose of carrying off concentrated natural water, the description of "stormwater drainage";(d) [Section 8 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(e) [Section 8 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(f) [Section 8 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(g) [Section 8 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(h) [Section 8 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(i) [Section 8 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(j) [Section 8 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(4) Where the purpose of a system or district has not been otherwise declared, the Minister may by notice in the Gazette declare its purpose.(5) [Section 8 Subsection (5) amended by No. 49 of 2002, s. 47, Applied:01 Mar 2003] The Minister may, at the request of the council, by order published in the Gazette, insert the appropriate description under subsection (3) of this section in the name of any district, and make any consequential alteration in the name he thinks proper.
9. Enforcement of local authorities' duty under section three
(1) If a complaint is made to the Minister that a local authority under a duty imposed by section three fails or neglects to perform that duty, the Minister may cause a local inquiry to be held into the matter.(2) If after a local inquiry has been held under this section the Minister is satisfied that the local authority has failed or neglected to perform its duty in any regard he may make an order declaring it to be in default and directing it for the purpose of removing the default to discharge such of its functions and in such manner or within such time or times as may be specified in the order.(3) If a local authority with respect to which an order has been made under subsection (2) of this section fails to comply with any requirement thereof within the time limited thereby for compliance therewith, the Minister may do all that the local authority has failed to do, and all the costs and expenses of and incidental to the Minister's action, as certified by him, shall be paid by the local authority to the Treasurer as a debt due to Her Majesty.(4) An order made under subsection (2) of this section against a local authority shall be challengeable only in proceeding at law or in equity to prohibit or restrain the Minister from enforcing the order commenced within thirty days after the making of the order.(5) The duty imposed by section three is enforceable only as provided in this section.
PART III - General Powers and Duties
10. Communication of drains with drains of another authority
(1) [Section 10 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A local authority may, by agreement with another local authority, drainage trust, or other authority for the management and control of drains and with the approval of the Minister, cause a drain that is vested in it to communicate with a drain, or to discharge into a system, of that other authority in such manner and on such terms as may be agreed upon between the first-mentioned local authority and the other authority.(2) If a local authority desires an agreement under subsection (1) of this section and cannot obtain one or can obtain one only upon terms which it considers unreasonable and petitions the Governor for relief, the other authority may be required by the Governor to answer the petition.(3) If it appears from the petition and answer that the causes of difference are merely financial or technical the Governor may appoint an arbitrator and both parties shall be bound by his decision as to what financial and technical provisions should be contained in the agreement, but if it does not so appear, then after such inquiry as the Governor thinks proper, the Governor may make a provisional order, which shall have the effect of an agreement when confirmed as provided by subsection (4) of this section.(4) A provisional order under subsection (3) of this section shall be laid before both Houses of Parliament and if within the twelve sitting days next after the order is laid before it neither House submits an address to the Governor in opposition to the confirmation of the order he may confirm the order.(5) [Section 10 Subsection (5) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Where a drain that is under the control and management of an authority discharges, whether directly or indirectly, into the drains or system of another authority, the first-mentioned authority shall not, without the consent of that other authority, enter into an agreement under this section for admitting other discharge into the drain.(6) [Section 10 Subsection (6) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Nothing in this section authorizes an authority having the control and management of drains to accept or discharge into a drain such natural water or concentrated natural water as may not otherwise be lawfully passed along that drain.
11. Adoption by local authority of drains and systems
(1) [Section 11 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Subject to this section, a local authority may at any time declare that any drain, system or associated works situated within its municipality or serving its municipality or any part thereof, not being a drain, system or associated works the construction of which was completed before the commencement of this Act, shall, as from a date specified in the declaration, become vested in it.(2) [Section 11 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A local authority that proposes to make a declaration under this section shall give notice of its proposal to the owner of the drain, system or associated works, and shall take no other action in the matter until either two months have elapsed for lodging an appeal against that proposal, as provided in subsection (4) of this section, or, as the case may be, until any appeal so lodged has been determined.(3) [Section 11 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Subject to this section, the owner or any of the owners of any drains, systems or associated works in respect of which a local authority may make a declaration under this section, may apply to that authority, requesting it to make a declaration under this section in respect thereof.(4) An owner who is aggrieved by a proposal of a local authority to make a declaration under this section may appeal to the Minister within two months after notice of the proposal is served upon him, and an owner who is aggrieved by the refusal of a local authority to make a declaration under this section may appeal to the Minister at any time after receipt of a notice of its refusal, or if no notice of its refusal is given to him, at any time after the expiration of two months after the making of his application.(5) On the hearing of an appeal under subsection (4) of this section, the Minister may allow or disallow the proposal of the local authority or, as the case may be, make any declaration that the local authority might have made, and any declaration so made shall have the same effect as if it had been made by that authority; and the Minister may, if he thinks fit, specify conditions (including conditions as to the payment of compensation by the local authority) and direct that the declaration shall not take effect unless any conditions so specified are accepted.(6) A local authority, and on an appeal, the Minister, in deciding whether a declaration should be made under this section, shall have regard to all the circumstances of the case and, in particular, to the following considerations:(a) [Section 11 Subsection (6) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Whether the drain, system or associated works is or are adapted to or required for any system that the local authority has provided or proposes to provide for its municipality or any part thereof;(b) [Section 11 Subsection (6) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Whether the drain is constructed under a highway or under land reserved by a planning scheme for a highway;(c) [Section 11 Subsection (6) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] The lands that the drain is intended to serve, and whether, regard being had to the actual or prospective use of other lands, it is likely to be required to carry additional discharge;(d) [Section 11 Subsection (6) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] The method of construction and state of repair of the drain, system or associated works; and(e) In a case where the owner objects, whether the making of the proposed declaration would be seriously detrimental to him.(7) [Section 11 Subsection (7) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A person who immediately before the making of a declaration under this section was entitled to use the drain, shall be entitled to use it, or any drain substituted for it, to the same extent as if the declaration had not been made.(8) [Section 11 Subsection (8) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A declaration or application under this section may be made with respect to part only of a drain.(9) [Section 11 Subsection (9) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Where a local authority is about to take into consideration the making of a declaration under this section with respect to a drain, system or associated works situated within the municipality of another local authority, or situated within its own municipality but serving the municipality, or any part thereof, of another local authority, it shall give notice to that other authority, and shall not make a declaration until either that other authority has consented thereto or the Minister, on an application made to him, has dispensed with the necessity for its consent, either unconditionally or subject to such conditions as he may think fit to impose.(10) [Section 11 Subsection (10) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Where a local authority has made a declaration under this section with respect to a drain, system or associated works situated within the municipality of another local authority, it shall forthwith give notice of the fact to that other authority.(11) [Section 11 Subsection (11) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A local authority shall not, except on the application of the relevant authority or statutory undertaker, make a declaration under this section with respect to a drain, or a part of a drain, or any works, if that drain or part of a drain, or those works–(a) is or are vested in another local authority or a drainage trust; or(b) [Section 11 Subsection (11) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] is or are vested in a railway and situated in or on land that belongs to the railway or harbour authority, and is used by it for the purposes of its undertaking.
12. Power of local authority to agree to adopt drains, systems or associated works
[Section 12A Inserted by No. 68 of 1962, s. 22 ][Section 12A Repealed by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(1) [Section 12 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A local authority may agree with a person constructing or proposing to construct a drain, system or associated works that if the drain, system or associated works is or are constructed in accordance with the terms of the agreement it will, upon the completion of the work, or at some specified date, or on the happening of some future event, declare the drain, system or associated works to be vested in it, and an agreement under this subsection is enforceable against the local authority by the owner or occupier for the time being of any premises that are served by the drain, system or associated works.(2) [Section 12 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A local authority shall not make an agreement under this section with respect to a drain, system or associated works situated within the municipality of another local authority until that other local authority has consented thereto or the Minister, on an application made to him, has dispensed with the necessity for its consent, unconditionally or subject to conditions as he may think fit to impose.
13. Duty of local authority to keep map on which to be marked drains, &c.
[Section 13 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A local authority shall keep deposited at its offices for inspection by any person at all reasonable hours, free of charge, a map showing all drains, other than natural watercourses, that are–(a) [Section 13 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] part of the system for a district for which it is the drainage authority;(b) [Section 13 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] drains with respect to which a declaration of vesting has been made under this Part but has not taken effect; or(c) [Section 13 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] drains in respect of which an agreement to make a declaration of vesting under this Part in the future has been entered into.
14. Local authority not to create any nuisance
A local authority shall so discharge its functions under this Act as not to create a nuisance.
(1) [Section 15 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Except as otherwise provided in this Act or some other Act, a drain that is part of a system and has been–shall be deemed to be a common drain.(a) constructed by a local authority–(i) under a highway; or(ii) to receive drainage from the lands of two or more owners; or(b) declared to vest in a local authority–(2) [Section 15 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A drain below where it is a common drain and every drain into which it discharges shall be deemed to be a common drain.(3) Nothing in this section applies to –(a) [Section 15 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(b) [Section 15 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] branches of common drains made pursuant to section fifty-two .
PART IV - Construction
(1) [Section 16 Subsection (1) amended by No. 24 of 1993, s. 3 and Sched. 1 ]For the purposes of making a system for a district, a local authority may within its municipality, and, subject to the provisions of section seventeen , outside its municipality –(a) [Section 16 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] construct drains, both open and covered, on, over, and under the ground;(b) [Section 16 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(c) in connection with the construction thereof, construct and use locks, sluices, dykes, ditches, manholes, ventilators, and other works and things; and(d) [Section 16 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] purchase or take in accordance with the provisions of the Land Acquisition Act 1993 , which for that purpose is incorporated in this section, any estate or term in land, any easement or profit a prender or the right to use any drain.(2) The powers conferred by this section are subject to the following rules:(a) [Section 16 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Drains may be built under or over (or, in the case of drains to carry natural water, whether concentrated or not, in) a highway or under a cellar or vault below a highway, and their associated works may be built under, in, on, or over a highway, subject in all cases to section eighteen ;(b) [Section 16 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Drains and their associated works may be built in, on, or over land that is not subject to a highway, after reasonable notice by the local authority to the owner and occupier of that land;(c) [Section 16 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(d) [Section 16 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(3) [Section 16 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] The power to construct drains under this section includes the power–without prejudice to the rights of upper riparian owners to drain into the watercourse and the rights of other riparian owners to compensation under this Act.(a) to include with the consent of the Minister all or any part of a natural watercourse in a land or urban land system by a notice–served on the owner of the land on which it is and published in the Gazette; and(i) [Section 16 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] declaring it to be a common drain vested in the local authority; and(ii) defining its limits–(b) [Section 16 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] to embank or otherwise improve a watercourse so declared to be a common drain–
17. Notices to be given before construction outside district
(1) [Section 17 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Where a local authority, in the exercise of its powers under section sixteen , proposes to construct a common drain, system or associated works outside its municipality, it shall–(a) publish, by advertisement in a newspaper circulating in the municipality in which the proposed work is to be executed, a notice describing the nature of its proposals and specifying the land in or on which it proposes to execute any work in that municipality, and naming a place where a plan illustrative of the proposals may be inspected at all reasonable hours by any person free of charge; and(b) serve, no later than the date of publication of the advertisement, a copy of the notice on the local authority of the municipality in which the proposed work is to be executed.(2) If, within twenty-eight days after the publication of the notice referred to in subsection (1) of this section, notice of objection to its proposals is served on the local authority either by the local authority of the municipality in which the proposed work is to be executed or by an owner or occupier of land that is directly affected by the proposals, the first-mentioned local authority shall not proceed with its proposals unless all objections so made are withdrawn, or the Minister, after a local inquiry, has approved the proposals with or without modifications.(3) [Section 17 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] This section does not apply where the work that a local authority proposes to carry out in the municipality of another local authority consists only of the construction of a common drain under a highway that is repairable by the Crown or the other local authority and it has obtained the consent of the Crown or of that other local authority, as the case may require.
(1) [Section 18 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] For the purposes of any section of this Act that confers power on local authorities to construct, lay, or maintain drains and their associated works, the provisions of sections nine to fourteen of the Waterworks Clauses Act 1952 are incorporated with this Act subject to such adaptations as may be necessary to make those provisions applicable to the construction and maintenance of drains.(2) [Section 18 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] The provisions so incorporated apply in relation to a person (not being a local authority) who is empowered by this Act to construct, lay, or maintain a drain as if, so far as his powers extend, he were the undertakers.
19. Power to enter land and take materials
(1) Notwithstanding anything contained in the Mining Act 1929 , for the purposes of constructing or maintaining a land drainage system, a local authority may, after fourteen days' notice to the owner or occupier, enter upon any land within the district and cut down, quarry, dig, or carry away indigenous timber, stone, clay, or other material, but shall make full compensation therefor.(2) A local authority may not, under this section, cut down any timber that has been reserved and used by the owner or occupier of the land for the purpose of ornament or shelter.
20. Protection of certain railway and harbour works
(1) [Section 20 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] If a local authority, under powers conferred by this Act, proposes to open or break up a part of a highway that forms a level crossing, or crosses over or under a railway or other works of a railway authority or, and is not under the control or management of the railway, it shall give that railway the like notice as it is required by section ten of the Waterworks Clauses Act 1952 to give to the person under whose control or management a highway is, and if and in so far as the proposed work is likely to affect the structure of a bridge or any other work belonging to the railway, shall carry out the work to the reasonable satisfaction of the engineer of that authority in accordance with the plans approved by him.(2) [Section 20 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]If a dispute arises under this section between a local authority and the other authority either party may require its reference to an arbitrator to be appointed by agreement between those authorities or, in default of agreement, by the Secretary of the responsible Department in relation to the Public Works Construction Act 1880 .
21. Further protection of railway and harbour works
(1) [Section 21 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] Subject to this section, nothing in this Act authorizes a local authority, without the consent of the harbour authority–or, without the consent of the relevant railway authority, to execute any works along, across, or under any railway of a railway authority.(a) to interfere with a waterway under its jurisdiction so as to injure or affect navigation thereon, or the use thereof, or the access thereto;(b) to interfere with a bridge across a waterway within its jurisdiction;(c) [Section 21 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] . . . . . . . .(d) [Section 21 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] to execute any works that will interfere with the improvement of or the access to a waterway within the jurisdiction of the harbour authority, or any work appurtenant thereto, or any land necessary for the enjoyment or improvement thereof–(2) [Section 21 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]Consent under subsection (1) of this section shall not be unreasonably withheld, and if a question arises as to whether or not the consent is unreasonably withheld, either party may require its reference to an arbitrator to be appointed by agreement between the authorities or, in default of agreement, by the Secretary of the responsible Department in relation to the Public Works Construction Act 1880 .(3) Upon an arbitration under this section, the arbitrator shall determine –(a) whether any works that the local authority proposes to execute are such works as under subsection (1) of this section it is not entitled to execute without the consent of the railway or harbour authority;(b) if they are such works, whether the injury, if any, to the railway or harbour authority will be of such a nature as to admit of being fully compensated by money; and(c) if the works are of such a nature, the conditions subject to which the local authority may execute the works, including the amount of compensation, if any, to be paid by it to the railway or harbour authority.(4) If the arbitrator determines that the proposed works are such works as the local authority is not entitled to execute without the consent of the railway or harbour authority and that the works would cause injury to the railway or harbour authority of such a nature as could not be fully compensated by money, the local authority shall not proceed to execute the works; but in any other case it may execute the works subject to compliance with such conditions (including the payment of such compensation) as the arbitrator may have determined.(5) [Section 21 Subsection (5) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Nothing in this section limits the powers of a local authority under any other provision of this Act in respect of the opening and breaking up of streets and bridges for the purposes of constructing, laying, and maintaining drains.
22. Protection of land drainage works
(1) [Section 22 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Nothing in this Act authorizes a local authority to use, injure, or interfere with any sluices, flood gates, sewers, groynes, sea defences, or other works, whether made before or after the commencement of this Act, that are vested in or under the control of any drainage trust or Corporation, within the meaning of the Water and Sewerage Corporations Act 2008 or are used by a person for draining, preserving, or improving land under a private or local Act or for irrigating land, without the consent of that trust or of the relevant Corporation or of that person, as the case requires.(2) [Section 22 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]Consent under this section shall not be unreasonably withheld, and if a question arises as to whether or not the consent is unreasonably withheld, either party may require its reference to an arbitrator, to be appointed by agreement, or in default of agreement, by the Secretary of the responsible Department in relation to the Public Works Construction Act 1880 .
23. Power to require gas and water pipes to be moved
(1) Where, for any purpose of this Act, a local authority deems it necessary to raise, sink, or otherwise alter the situation of any water or gas pipes or other waterworks or gasworks laid in or under a highway, it may, by notice in writing, require the owner of the waterworks or gasworks to raise, sink, or otherwise alter their situation in such manner and in such reasonable time as is specified in the notice, and the expenses of or connected with the alteration shall be paid by the local authority, and if the notice is not complied with the local authority may itself make the alteration required.(2) An alteration shall not be required or made under this section if it would permanently injure the waterworks or gasworks or prevent the water or gas from flowing as freely and conveniently as usual.(3) Where under a local Act the expenses of or connected with the raising, sinking, or otherwise altering the situation of a water or gas pipe or other waterworks or gasworks are directed to be borne by the owner of the pipes or works his liability therefor continues in the same manner and in the same conditions in all respects as if this Act had not been made.
24. Works below high-water mark
Nothing in this Act authorizes the execution of any works over or in tidal land below high-water mark of ordinary spring tides, except in connection with such plans and sections and subject to such restrictions and regulations as may, before the works are commenced, be approved by the Governor.
25. Compensation to individuals if damage results from exercise of power under Act
(1) Subject to this section, a local authority shall make full compensation to a person who has sustained damage by reason of the exercise by the local authority of any of its powers under this Act in relation to a matter as to which he has not himself been in default.(2) [Section 25 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 25 Subsection (2) amended by No. 24 of 1993, s. 3 and Sched. 1 ]A dispute arising under this section as to the fact of the damage or as to the amount of compensation shall be determined in the same manner as disputed claims for compensation under the Land Acquisition Act 1993 , but if the compensation claimed does not exceed $200 all questions as to the fact of damage, liability to pay compensation, and the amount of compensation may, on the application of either party, be determined by, and any compensation awarded may be recovered before, a court of requests, or where the compensation claimed does not exceed $100, a court of general sessions.(3) [Section 25 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] No person is entitled by virtue of this section to claim compensation on the ground that a local authority has, in the exercise of its powers under this Act, declared a drain, system or associated works whether belonging to him or not, to be vested in the local authority.(4) [Section 25 Subsection (4) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Where an owner of land claims compensation for damage sustained by reason of the construction by a local authority, in the exercise of its powers under this Act, of a drain in, on, or over his land, the court or arbitrator determining the compensation shall determine also by what amount, if any, the value to the claimant of any land belonging to him has been enhanced by the construction of the drain, and the local authority is entitled to set-off that amount against the amount of any compensation awarded to the owner.
26. Drains vested in local authority
(1) [Section 26 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Drains and their associated works that are–vest in and shall belong to that local authority until removed or formally abandoned in situ.(a) constructed by a local authority, other than individual or shared drains; or(b) declared by or under this Act to be vested in a local authority–(2) [Section 26 Subsection (2) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II ]Estates and interests registered under the Land Titles Act 1980 are subject to the estate of a local authority under this section and any interest appurtenant thereto.(3) [Section 26 Subsection (3) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II ]The estate of a local authority under this section is incapable of registration under the Land Titles Act 1980 otherwise than as an exception out of the title to the surrounding land.(4) [Section 26 Subsection (4) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II ]It is unnecessary to mention any estate of a local authority under this section or any interest appurtenant thereto in the Register under the Land Titles Act 1980 .
27. Power of local authority to execute certain works on behalf of the owner or occupier
(1) [Section 27 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A local authority may, at the request of or by agreement with the owner or occupier of any land, itself execute at his expense any work that it has, under this Act required him to execute or any work in connection with the construction, laying, alteration, or repair of a drain, or appliance connected therewith that he is entitled to execute, and, for that purpose, shall have such rights as he would have in relation to the execution of that work.(2) A local authority which has executed any work pursuant to this section may recover its expenses thereof as provided in Part XI .
28. Power of owner not in possession
[Section 29 Subsection (1) amended by No. 10 of 1985, s. 3 and Sched. 1 ][Section 29 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 29 Subsection (1) amended by No. 68 of 1962, s. 23 ][Section 29 Subsection (3) omitted by No. 76 of 1981, s. 3 ][Section 29 Subsection (6) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] [Section 29 Subsection (9) amended by No. 68 of 1962, s. 23 ][Section 29 Repealed by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(1) Every owner of land who is required by section sixty-one or by the local authority under this Act to do any work on that land and is not in possession may, at all reasonable times, enter upon that land and into any building thereon with or by his architect, servant, agent, or contractor, and his or their workmen and do all things necessary to prepare plans for, and to carry out and complete, the necessary work, subject to making full compensation for any unnecessary damage and for any unnecessary disturbance of the occupier.(2) Before the first entry under the powers given by this section, the owner shall give the occupier two clear weeks' notice, and before any subsequent entry notice at least the day before.(3) If, on a complaint made by the owner of any land, it appears to the justices hearing it, that the occupier of the land prevents the owner from executing any work that he is, by or under this Act, required to execute, the justices may order the occupier to permit the execution of the work.(4) [Section 28 Subsection (4) amended by No. 55 of 1965, s. 5 ]Failure to comply with an order under this section renders the person against whom it is made liable to a penalty of $4 for each day of his default.
30. Power of local authority to do stormwater or urban land drainage at land owners' expense
(1) If any three or more owners of lands in an area the natural drainage of which all comes to one part of a watercourse, which part lies in the same municipality as the land, request the local authority to construct a system of stormwater drainage or urban land drainage for that area at the land owners' expense, the local authority may prepare a provisional scheme accordingly.(2) A provisional scheme prepared under subsection (1) of this section shall set forth –(a) the boundaries of the proposed drainage district;(b) the proposed system for the district; and(c) the estimated cost of establishing that system.(3) If a majority of the owners of land in the proposed district, who between them, own lands equal in annual value to two-thirds of the annual value of the district, consent in writing to a provisional scheme under this section, the local authority may confirm the proposed scheme by affixing its common seal to a copy thereof.(4) A provisional scheme under this section may be varied at any time before its confirmation, but no consent of a land owner thereto given before the variation shall have any effect.(5) Where a provisional scheme has been confirmed under this section, the local authority –(a) shall give notice in the Gazette of the boundaries of the district so created; and(b) may carry out the scheme and recover from all the land owners in the district all its costs and expenses of and in connection with the scheme, beginning from its response to the initial request for a system under subsection (1) of this section.(6) Before proceeding to recover from any land owner under subsection (5) of this section the local authority shall –(a) divide the total amount which it is entitled to recover between the owners of lands in the district in proportion to the benefits received by their respective lands from the system; and(b) give each land owner concerned thirty days' notice of the amount of its claim.(7) [Section 30 Subsection (7) substituted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A land owner who receives a notice under subsection (6) may, within the thirty days or such further time as the local authority may allow, object by notice to the amount of the claim on the ground –(a) that the total amount divided under subsection (6) contains some amount not properly included; or(b) that the portion claimed is excessive or unreasonable.(8) [Section 30 Subsection (8) inserted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Any objection made under subsection (7) , until dealt with by the local authority, bars all proceedings on the local authority's claim, and the local authority may –(a) accept the objection, in which case it is to give effect to it; or(b) agree with the land owner on his or her liability; or(c) confirm the amount of its claim.(9) [Section 30 Subsection (9) inserted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A land owner who is aggrieved by the decision of the local authority under subsection (8)(c) may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.(10) [Section 30 Subsection (10) inserted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] In addition to its power under the Magistrates Court (Administrative Appeals Division) Act 2001 , the Magistrates Court (Administrative Appeals Division) may –(a) order the local authority to leave out of account any amount not properly included in the total amount divisible under subsection (6) and to recalculate the amounts payable by the several land owners; or(b) reduce the amount to be recovered from the objecting land owner.(11) [Section 30 Subsection (11) inserted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] No defence which might have been raised by way of objection under this section is admissible in proceedings by the local authority for the recovery of moneys due under this section.(12) [Section 30 Subsection (12) inserted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] At the expiry of a notice under subsection (6) , the amount claimed in the notice is a charge on the land and recoverable, by the local authority from the land owner to whom the notice was given, under the Local Government Act 1993 .(13) [Section 30 Subsection (13) inserted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Where a land owner objects under subsection (7) , the operation of subsection (12) is –(a) wholly suspended until proceedings on the objection are terminated, if the objection is on the ground set out in paragraph (a) of subsection (7) ; or(b) suspended in respect of the objector's land until proceedings on the objection are terminated, if the objection is on the ground set out in paragraph (b) of subsection (7) .
31. Construction under section thirty in advance of requirements
(1) The local authority may make any system constructed under section thirty larger than is necessary for the drainage of the district for which it is constructed if it is of the opinion that subsequent development of the municipality would make a larger system necessary.(2) Where the system is made larger than necessary under this section, no part of the increased cost so occasioned shall be recoverable under section thirty , but the local authority may create a charge of the whole increased cost on all the lands for the supposed benefit of which the work not immediately necessary is done.(3) A charge shall be created for the purpose of subsection (2) of this section by a deed poll –and shall be enforceable as provided in subsection (4) of this section.(a) made by the local authority; and(b) setting forth the whole amount charged and the lands on which it is charged; and(c) registered in respect of the lands to be charged as if it were a judgment –(4) [Section 31 Subsection (4) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] When any development takes place of any lands charged under subsection (3) of this section, which, in the opinion of the local authority, will derive a benefit from the extra work, the cost of which is so charged, it may recover from those lands what it considers to be a proper proportion of that cost, subject, however, to the right of objection provided in subsection (7) of section 30 .(5) The owner of any land charged under this section may agree with the local authority with respect to the proportion of the total sum charged to be borne by his land and the local authority shall then release the land from the existing charge and register instead a similar charge of the agreed proportion.(6) Where a charge is registered under subsection (5) of this section –(a) the local authority shall not recover more than the amount thereof from the land charged; and(b) the owner of the land charged may at any time pay off the charge, less such discount for payment in advance of development as the local authority may allow.(7) If an owner cannot reach agreement with the local authority under subsection (5) of this section, he may require the local authority to submit the matter to arbitration and to agree with him in accordance with the result of the arbitration.
32. Powers of local authorities to combine for the purposes of Act
Without prejudice to powers of combination conferred on local authorities by any other Act, any two or more local authorities may, by agreement, combine for the purposes of draining any land.
33. Powers of local authorities to execute works outside their districts
Subject to any express provisions of this Act with respect to the execution by a local authority of particular works outside its district, a local authority may execute outside its municipality any work that, under this Act, it may execute within its municipality.
34. Power of railway, harbour and other authorities to alter drains vested in a local authority
(1) [Section 34 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 34 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] A railway or an authority empowered to construct and maintain drains may, after giving reasonable notice to the relevant local authority, at its own expense and on substituting other drains, culverts, and pipes that will be equally effectual and will cause the local authority no additional expense, take up, divert, or alter the level of a drain, culvert, or pipe that is vested in the local authority and passes under, or interferes with, or interferes with the improvement or alteration of, the railway of the railway authority or, as the case may be, any river or works forming part of the undertaking of, or any watercourses or other works vested in, or under the control of, the authority empowered to construct and maintain drains.(2) [Section 34 Subsection (2) amended by No. 99 of 1982, s. 3 and Sched. 2, Pt. II ]Any work under this section which affects the works of the local authority shall if the local authority so requires be done under the supervision of the local authority provided at the expense of the authority carrying out the work.(3) [Section 34 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] If a difference of opinion arises under this section between a local authority and any other person as to whether any drains, culverts, or pipes substituted or proposed to be substituted for any drains, culverts, or pipes of the local authority are or will be equally effectual, or cause or will cause the authority additional expense, it may, at the option of the party complaining, be referred to an arbitrator to be appointed by agreement between the local authority and that other person, or, in default of agreement, by the Director of Public Works.
35. Power to apply provisions of Act to Crown property
(1) This section applies to land belonging to or used by Her Majesty in right of the State or of the Commonwealth.(2) If the authority that, in relation to any land to which subsection (1) of this section relates, is for the purposes of this section "the appropriate authority" and a local authority agree that any provisions of this Act specified in the agreement shall apply to that land, while the agreement is in force those provisions shall apply to that land accordingly, but subject to the terms of the agreement.(3) [Section 35 Subsection (3) amended by No. 46 of 1991, s. 4 and Sched. 2 ]In this section the expression the appropriate authority means –(a) in the case of lands that are owned or occupied in right of the State, the Minister administering the Crown Lands Act 1976 or other person having the management of the lands; and(b) in the case of land owned or occupied in right of the Commonwealth, the Commonwealth Minister of State in charge of the Department having the management of the lands or any other person thereto authorized by or under a Commonwealth Act.
PART V - Control and Maintenance of Drains
36. Control, cleansing, and maintenance
[Section 36 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Except as otherwise provided in this Act, a local authority has full control over all drains, systems or associated works that are vested in it under this Act, and shall keep them in good working order and, for the purposes of their cleansing, maintenance, and repair, may exercise all powers available to it for their construction.
37. Power to alter or close common drains
(1) [Section 37 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A local authority may alter the size or course of a common drain that is vested in it and may discontinue and prohibit the use of a common drain that is so vested, either entirely, or for the purposes of carrying off any kind of drainage mentioned in subsection (2) of section eight.(2) [Section 37 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Before a person who is lawfully using a common drain for any purpose is deprived by a local authority of the use of the drain for that purpose, the local authority shall provide him with a drain equally effective for that purpose, and shall, at its own expense, carry out any work necessary to make his drains communicate with the drain so provided.
(1) [Section 38 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Where a local authority–it may abandon that drain or work by notice given to the owners of the circumjacent land and published in the Gazette.(a) [Section 38 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] has entirely discontinued the use of a common drain; or(b) [Section 38 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] has found any other drain or any of its associated works or any of the associated works of a common drain to be no longer needed–(2) [Section 38 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] When a drain or work is abandoned pursuant to this section, the local authority shall have no further rights, duties, or liabilities in respect of it, except as provided in subsection (3) of this section.(3) [Section 38 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 38 Subsection (3) amended by No. 24 of 1993, s. 3 and Sched. 1 ]An owner of circumjacent land whose land will be injuriously affected by failure to cleanse or repair a drain or work abandoned pursuant to this section may, within six months after receiving notice of abandonment, claim compensation for the injurious affection in accordance with the provisions of the Land Acquisition Act 1993 .
PART VI - Protection of Drains
39. Buildings not to be erected without consent over drains shown on deposited map
(1) [Section 39 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Where plans of a building or an extension of a building are, under any Act, submitted to a local authority and it is proposed to erect the building or extension over a drain that is shown on the map required by section thirteen , the local authority shall reject the plan unless it is satisfied that, in the circumstances of the particular case, it may appropriately consent to the erection of the proposed building or extension, either unconditionally or subject to compliance with such requirements as may be specified in the local authority's consent.(2) [Section 39 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 39 Subsection (2) amended by No. 75 of 1973, s. 2 (1) and Sched. 1 ]A building, the plans of which are not required under any Act to be submitted to a local authority for approval, shall not be erected over or within one metre of the space vertically above a drain without the prior approval of the local authority.(3) An approval under subsection (2) of this section may be given either unconditionally or subject to compliance with such requirements as may be specified in the approval.(4) [Section 39 Subsection (4) amended by No. 30 of 1995, s. 3 and Sched. 1 ]Any question arising under this section between a local authority and a building owner which is not referable to the Building Appeal Board, may, on the application of the building owner, be determined summarily by two or more justices in petty sessions.
40. Matters not to be put into drains
(1) [Section 40 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Faeces shall not be discharged into any drainage system.(2) [Section 40 Subsection (2) substituted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Simple sullage water is not to be discharged into any drainage system.(3) Without the permission of the local authority –(a) a deleterious effluent shall not be discharged into any system;(b) [Section 40 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] matter likely to adhere to the sides of a drain and insoluble in cold water shall not be discharged into any system;(c) natural water (other than concentrated natural water) shall not be discharged into any system other than a land or urban land drainage system; and(d) [Section 40 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] concentrated natural water shall not be discharged into any system other than an urban land drainage system or a stormwater drainage system.(4) For the purposes of this section, the permission of a local authority shall be obtained first and may be general or specific and conditional or unconditional.
(1) [Section 41 Subsection (1) amended by No. 39 of 1965, s. 3 ][Section 41 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 41 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A person who –may be prosecuted on indictment or summarily and is liable, if prosecuted on indictment, to a fine or to imprisonment, or to both, as the court may think fit, or, if prosecuted summarily, to a fine not exceeding 0·4 penalty unit or imprisonment for a term not exceeding 1 month.(a) [Section 41 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] takes up, removes, demolishes, or otherwise wilfully damages any drain or associated work vested in a local authority under this Act, unless thereto authorized by this Act or in writing by the local authority;(b) [Section 41 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] causes or permits to enter into any drain of which he is not the owner any matter which either of itself or in combination with any other matter likely to be in the drain is likely to cause fire, explosion, disease, or poisoning, to the detriment of persons living nearby or of the drain itself; or(c) interferes with anything movable that is used in connection with a system –(1A) [Section 41 Subsection (1A) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 41 Subsection (1A) inserted by No. 39 of 1965, s. 3 ][Section 41 Subsection (1A) amended by No. 55 of 1965, s. 5 ][Section 41 Subsection (1A) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A person who without the permission of the local authority makes an entry for a drain into a common drain of that authority is liable to a fine not exceeding 10 penalty units.(2) [Section 41 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 41 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A person who puts into or suffers to enter any system any matter contrary to section forty is liable to a daily fine not exceeding 0·1 penalty unit.(3) [Section 41 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 41 Subsection (3) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A person who –is liable to a fine not exceeding 0·2 penalty unit, and, if the thing that he has caused to enter causes a blockage, the justices convicting him thereof may order him to pay to the authority having the control and management of the system an amount equal to the actual cost of clearing the blockage.(a) [Section 41 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] causes or permits to enter any drain, system or associated works any matter not of the kind for which the drain, system or associated works are designed or intended, without the permission of the authority having the control and management of the drain, system or associated works; or(b) causes to enter any system anything likely to cause a blockage therein –
PART VII - Private Lands
42. Right to drain lands within district into common drains
(1) Subject to this section, the owner or occupier of any land or the owner of a private drain within a district is entitled to have his drain made to communicate with a system in the district appropriate for the matter that he wishes to discharge, and thereby to discharge that matter into that system.(2) Subject to the provisions of Part IV with respect to the breaking open of streets, the owner or occupier of any land may break open a street within the meaning of the Waterworks Clauses Act 1952 for the purpose of exercising his rights under this section and for the purpose of examining, repairing, and renewing any drain running from his land into the system.(3) A person who desires to avail himself of this section shall give the local authority notice of his proposals, and at any time within the period of twenty-one days after receipt thereof the local authority may by notice to him refuse to permit the communication to be made if it appears to it that the making of the communication would be prejudicial to the system.(4) [Section 42 Subsection (4) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] A person proposing to make a communication who is aggrieved by the authority's decision to refuse to permit the communication to be made may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision.(5) Where a local authority does not under section forty-four elect itself to make the communication, the person making it shall, before commencing the work, give reasonable notice to any person directed by the local authority to superintend the execution of the work and afford him all reasonable facilities for superintending the execution thereof.(6) [Section 42 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 42 Subsection (6) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A person who causes a drain to communicate with a system without complying with, or in contravention of, any of the provisions of this section or before the expiration of the period mentioned in subsection (3) of this section, is liable to a fine not exceeding 1 penalty unit, and, whether or not proceedings have been taken by it in respect of that offence, the local authority may close any communication made in contravention of any of those provisions and recover from the offender any expenses reasonably incurred by it in so doing.
43. Facilities to drain into common drains
[Section 43 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A local authority shall, in constructing a common drain, construct as part of it places convenient for making communications likely to be required under section forty-two .
44. Right of local authority to undertake the making of communications with common drains
[Section 44 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ](1) [Section 44 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 44 Subsection (1) amended by No. 55 of 1965, s. 5 ]Where a person, in pursuance of section forty-two , gives to a local authority notice of his proposal to have his drain made to communicate with a common drain of that local authority, the local authority may, within fourteen days after the receipt of the notice, or, if any question arising under the notice requires to be determined in petty sessions, within fourteen days after the decision of that question, give notice to that person that it intends itself to make the communication; and if after the notice has been given him that person proceeds himself to make the communication he is liable to a fine not exceeding 2 penalty units.(2) Where a local authority has given a notice under subsection (1) of this section, it has all such rights in respect of the making of the communication as the person desiring it to be made would have, but it is not obligatory on the local authority to make the communication until the cost of the work, as estimated by its engineer or surveyor, has been paid or security for payment has been given to its satisfaction.(3) If a payment so made to a local authority exceeds the expenses reasonably incurred by it in the execution of the work, the excess shall be repaid by it, and if and so far as those expenses are not covered by the payment, if any, made to it, the local authority may recover the expenses or the balance thereof from the person for whom the work was done.(4) [Section 44 Subsection (4) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] For the purposes of this section, the making of the communication between a private drain and a common drain includes all such work (including the breaking open of a street) as may reasonably be necessary for the purpose of making the communication.
45. Local authority may require proposed drain to be so constructed as to form part of general system
(1) [Section 45 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Where a person proposes to construct a drain the local authority may, if it considers that the proposed drain is or is likely to be needed to form part of a system that it has provided or proposes to provide, require him to construct the drain in a manner differing as regards material or size of pipes, depth, fall, direction, outfall, or otherwise from the manner in which he proposes or could otherwise be required by the local authority to construct the drain, and he shall comply with the requirements of the local authority.(2) A person who is aggrieved by the requirements of a local authority under subsection (1) of this section may, within twenty-eight days after receipt of the local authority's requirement, appeal to the Minister, who may either disallow the requirement or allow it with or without modifications.(3) [Section 45 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] An authority that exercises the powers conferred on it by this section shall repay to the person constructing the drain the extra expenses reasonably incurred by him in complying with its requirement, and, until the drain becomes part of a system, the local authority shall also repay to that person so much of any expenses reasonably incurred by him in repairing or maintaining the drain as may be attributable to the local authority's requirement.(4) If a question arises as to the amount of a payment to be made under subsection (3) of this section, that question may, on the application of the person to whom the payment is required to be made, be determined by two or more justices in petty sessions, or, if he so elects, may be referred to arbitration.(5) [Section 45 Subsection (5) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 45 Subsection (5) amended by No. 55 of 1965, s. 5 ][Section 45 Subsection (5) amended by No. 67 of 1994, s. 3 and Sched. 1 ]If a person who, in pursuance of this section, has been required by a local authority to construct a drain in a particular manner constructs it otherwise than in accordance with the requirement of the local authority, he is liable to a fine not exceeding 2 penalty units, without prejudice to the right of the local authority to avail itself of any other remedy.(6) [Section 45 Subsection (6) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 45 Subsection (6) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] Nothing in this section applies in relation to so much of a drain as is proposed to be constructed by a railway in or on land that belongs to it or is held by it for the purposes of its undertaking.
46. Recovery of local authority's expenses under section forty-five
Where a local authority takes action under subsection (1) of section forty-five in anticipation of development by building for which drainage will be required, it may recover the amount paid by it for the extra expenses of the person complying with its requirements from the owners of the lands for the supposed benefit of which it required him to incur the extra expenses, as if that amount were the increased cost of a system recoverable under section thirty-one .
47. Power of local authority to alter private drainage system
(1) [Section 47 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Where any land has a drain communicating with a common drain but that system of drainage, although sufficient for the effectual drainage of the land, is not part of the system of the district of the appropriate kind or is, in the opinion of the local authority, otherwise objectionable, the local authority may, at its own expense and on condition that it first provides, in a position equally convenient to the owner, a drain equally effectual for the drainage of the land and communicating with a common drain of the proper kind, close the existing drain, and do any work necessary for that purpose.(2) [Section 47 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 47 Subsection (2) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] A local authority that proposes to execute any work under this section shall give notice of its proposal to the owner of the land, and if he is aggrieved thereby, as regards either the position or the sufficiency of the drain proposed to be provided for the drainage of the land, he may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision to propose to execute the work.
48. Notice to be given of intention to repair, &c., underground drains in cities and towns
(1) No person shall, in a city or town –without giving the local authority at least twenty-four hours' notice of his intention so to do.(a) except in a case of emergency, repair any underground drain that continues beyond his own land; or(b) where such an underground drain has been repaired in a case of emergency without notice, cover over the drain –(2) While any work is being executed for the purpose of repairing an underground drain, the person by or on whose behalf that work is being executed shall permit the engineer, surveyor, health inspector, or other authorized officer of the local authority to have free access to the work.(3) [Section 48 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 48 Subsection (3) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A person who fails to comply with any of the provisions of this section is liable to a fine not exceeding 0·2 penalty unit.(4) Nothing in this section applies in relation to –(a) so much of a drain constructed by or belonging to a railway authority as runs under, across, or along its railway; or(b) [Section 48 Subsection (4) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] . . . . . . . .
49. Use of common drains by persons outside district
(1) Subject to this section, the owner or occupier of any land and the owner of any private drain outside a district have the like rights with respect to drainage into the system of that district as they would have under section forty-two if that land or drain was situated within the district, and the provisions of that section apply accordingly.(2) Without prejudice to any of its rights or powers under section forty-two , a local authority may, in the case of a drain or land outside a district, refuse to permit a communication to be made except upon such reasonable terms and conditions, including the making to it of reasonable payment or reasonable periodical payments, as it may think fit.(3) [Section 49 Subsection (3) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] If a person is aggrieved by any terms or conditions that a local authority seeks to impose under subsection (2) , the person may apply to the Magistrates Court (Administrative Appeals Division) for a review of those terms or conditions or may, if he or she so elects, refer the matter to arbitration.(4) Where a person avails himself of the provisions of this section, the local authority for the place where his land or drain is situated may, if it thinks fit, defray or contribute towards any expenses incurred by him for the purpose, or any payment that he is required under this section to make to another local authority.
PART VIII - Drainage of Buildings
(1) [Section 50 Subsection (1) substituted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] This section applies in –(a) land drainage districts; and(b) urban land drainage districts; and(c) stormwater drainage districts.(2) [Section 50 Subsection (2) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] [Section 50 Subsection (2) amended by No. 96 of 1993, s. 252 and Sched. 1 ][Section 50 Subsection (2) substituted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Where a new building is erected, the local authority may require, by refusal to grant a permit under the Building Act 2000 , the building owner –(a) in the case of a land drainage district, to make satisfactory provision for the carrying off of natural water from the building curtilage or grounds into the system for the district; and(b) in the case of an urban land drainage district, to make satisfactory provision for the carrying off of natural water or concentrated natural water from the building and its curtilage or grounds into the system for the district; and(c) in the case of a stormwater drainage district, to make satisfactory provision for the carrying off of concentrated natural water from the building and its curtilage into the system for the district.(3) [Section 50 Subsection (3) amended by No. 68 of 1962, s. 24 ][Section 50 Subsection (3) amended by No. 39 of 1965, s. 4 ][Section 50 Subsection (3) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] If a building owner is aggrieved by any requirement of the local authority under subsection (2) and the matter is not referable to the Building Appeal Board, the building owner may apply to the Magistrates Court (Administrative Appeals Division) for a review of the requirement.(4) [Section 50 Subsection (4) amended by No. 75 of 1973, s. 2 (1) and Sched. 1 ]The discharge of drainage into a system shall not be required under this section unless –(a) [Section 50 Subsection (4) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] a common drain of the system is, or pursuant to section fifty-two will be, within 30 metres of the site of the building and is at a level that makes it reasonably practicable to construct a drain communicating therewith; and(b) the intervening land is land through which the building owner is entitled to construct a drain.(5) [Section 50 Subsection (5) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Notwithstanding anything in paragraph (a) of subsection (4) of this section, a private drain may be required to be made to enter a common drain not within the distance mentioned in that paragraph, if the local authority undertakes to bear so much of the expenses reasonably incurred in constructing and in maintaining and repairing the private drain as may be attributable to the fact that the distance of the common drain exceeds the distance therein mentioned.(6) [Section 50 Subsection (6) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] If a building owner is aggrieved by the decision of the local authority as to the amount of any payment to be made under subsection (5) , the building owner may apply to the Magistrates Court (Administrative Appeals Division) for a review of the decision or may, if he or she elects, refer the matter to arbitration.
51. Provision for existing buildings
(1) [Section 51 Subsection (1) substituted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] If it appears to the local authority that, in the case of a building, satisfactory provision has not been, and ought to be, made for the carrying off of –the local authority is to, by notice, require the owner or occupier, as the case may require, of the building to take appropriate action as provided in subsection (2) .(a) natural water; or(b) natural water, whether concentrated or not; or(c) concentrated natural water –(2) [Section 51 Subsection (2) substituted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] For the purposes of subsection (1) –appropriate action means to make satisfactory provision for the carrying off from the building of –(a) natural water; or(b) natural water, whether concentrated or not; or(c) concentrated natural water.(3) The provisions of section eighty-three apply in relation to a notice given under subsection (1) of this section.(4) [Section 51 Subsection (4) omitted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(5) Subsections (4) , (5) , and (6) of section fifty apply in relation to a private drain that the local authority requires to be constructed under this section.(6) [Section 51 Subsection (6) omitted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(7) [Section 51 Subsection (7) omitted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .
51A. Compulsory connection to drains
[Section 51A Inserted by No. 39 of 1965, s. 5 ](1) [Section 51A Subsection (1) substituted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] This section applies in –(a) land drainage districts; and(b) urban land drainage districts; and(c) stormwater drainage districts.(2) [Section 51A Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 51A Subsection (2) amended by No. 75 of 1973, s. 2 (1) and Sched. 1 ][Section 51A Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ]The local authority may by notice in writing given to the persons concerned require the owners or occupiers, as the case may require, of land in an area, or abutting on a street, specified in the notice and within 30 metres of, and capable of being drained into, a common drain of the system of the district–(a) to make the same provision in respect of existing buildings as may be required for new buildings under subsection (2) of section fifty; and(b) as the local authority thinks fit–(i) [Section 51A Subsection (2) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] within sixty days or such further time as the local authority before or after the expiration of the period may allow to submit in accordance with the Building Act 2000 the applications and fees necessary before the required work can be carried out; and(ii) within twenty-one days or such further time as the local authority before or after the expiration of the period may allow to permit the local authority to carry out all or a specified part of those works.(3) Where the owner or occupier –the works so approved or permitted, the local authority may on seven days' notice to the person in default enter and do the required works and have a charge on the land for its expenses of so doing.(a) fails to prosecute with due diligence an application made in accordance with paragraph (b) of subsection (2) of this section; or(b) having obtained an approval or permit on such application –(i) fails for one month to begin; or(ii) fails to carry out with due diligence –(4) If a person given notice under subsection (3) of this section wishes to contend that the local authority is not entitled under this section to enter and do the required works he may appeal to the Building Appeal Board which may decide the matter.(5) The provisions of section eighty-three apply in relation to a notice given under subsection (2) of this section.(6) If a person given notice under sub-paragraph (ii) of paragraph (b) of subsection (2) of this section fails to give in writing the required permission within the time allowed therefor the local authority may enter and carry out the works specified in the notice and have a charge on the land for its expenses of so doing.
52. Common drains to be extended to meet private drains
(1) [Section 52 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 52 Subsection (1) amended by No. 39 of 1965, s. 6 ]Where under section 50 , section 51 , or section 51A a private drain is required to be made to communicate with a common drain, the local authority shall at its own expense make an extension or branch of the common drain to meet the private drain–(a) [Section 52 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] where the common drain is under a highway, at the boundary of the highway; and(b) [Section 52 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] where the common drain is separated from the land to be drained by land through which the owner is not entitled to construct a drain, at the boundary of the land to be drained.(2) [Section 52 Subsection (2) added by No. 39 of 1965, s. 6 ]This section does not apply in the cities of Hobart and Launceston.
(1) No person may discharge sullage water onto a highway within a city or town.(2) [Section 53 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 53 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A person who constructs, or requires or procures the construction of, a drain, pipe, conduit, or channel for the discharge of sullage water contrary to subsection (1) of this section is liable to a fine not exceeding 2 penalty units, and a person who uses, or causes to be used, a drain, pipe, conduit, or channel for that purpose is liable to a daily fine not exceeding 0·04 penalty unit.
54. Drainage of buildings in combination
[Section 55 Repealed by No. 38 of 1983, s. 3 ]. . . . . . . . [Section 56 Amended by No. 23 of 1960 ][Section 56 Repealed by No. 96 of 1993, s. 252 and Sched. 1 ]. . . . . . . . [Section 57 Amended by No. 55 of 1965, s. 5 ][Section 57 Amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 57 Repealed by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(1) [Section 54 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] Where a local authority might, under section fifty , require each of two or more buildings to be drained separately into an existing common drain but it appears to the local authority that those buildings may be drained more economically or advantageously in combination, it may, when the drains of the buildings are first laid, require that the buildings be drained in combination into the existing common drain by means of a shared drain to be constructed either by the owners of the buildings in such manner as the local authority may direct, or, if the local authority so elects, by the local authority on behalf of the owners.(2) A local authority shall not, except by agreement with the owners, exercise the powers conferred by this section in respect of a building for the drainage of which it has already approved plans.(3) [Section 54 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 54 Subsection (3) amended by No. 75 of 1973, s. 2 (1) and Sched. 1 ]A local authority requiring the construction of a shared drain shall fix the proportions in which the expenses of constructing, and of maintaining and repairing, the shared drain are to be borne by the owners, or, in a case where the distance of the existing common drain from the site of any of the buildings in question is or exceeds 30 metres, the proportion in which those expenses are to be borne by the owners and the local authority, and shall forthwith give notice of its decision to every owner affected thereby.(4) An owner who is aggrieved by a decision of a local authority under subsection (3) of this section may have the question determined as provided in subsection (3) of section fifty, but subject thereto any expenses reasonably incurred in constructing, or in maintaining or repairing, the shared drain shall be borne in the proportions so fixed, and those expenses, or, as the case may be, contributions thereto, may be recovered accordingly by the person, whether the local authority or the owner, by whom they were incurred in the first instance.(5) A drain that is constructed by a local authority under this section shall not be deemed to be a common drain by reason of the fact that the expenses of its construction are in the first instance defrayed by the local authority or by reason of the fact that some part of those expenses is borne by it.
PART IX - Septic Tank Districts
In this Part, unless the contrary intention appears, sanitary works means works required to be installed under section sixty .
(1) [Section 59 Subsection (1) amended by No. 23 of 1960, s. 5 and Sched. 1 ]The Minister may, on the application of the local authority and the recommendation of the Minister for Health, by notice in the Gazette, appoint and define a septic tank district and assign a name to it.(2) [Section 59 Subsection (2) omitted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .
60. Houses within district to have sanitary works
(1) [Section 60 Subsection (1) amended by No. 68 of 1962, s. 25 ][Section 60 Subsection (1) amended by No. 96 of 1993, s. 252 and Sched. 1 ][Section 60 Subsection (1) substituted by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] The owner of a house in a septic tank district is to –(a) install, and maintain, in accordance with this Act, any water-closets required under the Building Act 2000 together with the cisterns, pipes and other apparatus necessary for the operation of the water-closets; and(b) carry out all other works and structural alterations associated with the water-closets required under the Building Act 2000 .(2) [Section 60 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 60 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ]No person shall occupy –(a) any house in a septic tank district existing complete at the appointment of the district if this section has not been complied with within two years thereafter; or(b) any house in a septic tank district completed after the appointment of the district if this section has not been complied with.Penalty: Fine not exceeding 0·04 penalty unit for each day of such occupation.(3) [Section 60 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 60 Subsection (3) amended by No. 67 of 1994, s. 3 and Sched. 1 ]Any owner who lets a house which must not be occupied under subsection (2) of this section is liable to a fine not exceeding 1 penalty unit.
61. Owner to do approved works or request local authority to do them
[Section 62 Amended by No. 23 of 1960, s. 5 and Sched. 1 ][Section 62 Amended by No. 68 of 1962, s. 26 ][Section 62 Amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 62 Repealed by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] . . . . . . . . [Section 63 Repealed by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(1) [Section 61 Subsection (1) amended by No. 96 of 1993, s. 252 and Sched. 1 ]Within three months after the appointment of a septic tank district or such further time as the local authority may allow, every owner of a house within the district shall –(a) [Section 61 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] lodge plans and specifications of his proposed sanitary works for the purposes of section sixty and a permit under the Building Act 2000 ; or(b) request the local authority to install sanitary works for the purposes of section sixty in his house in accordance with a rough plan to be included in or attached to the request.(2) [Section 61 Subsection (2) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] [Section 61 Subsection (2) substituted by No. 96 of 1993, s. 252 and Sched. 1 ]On the granting of a permit under the Building Act 2000 , the owner must–(a) within 6 months after that granting, or within any further period the local authority allows, complete the sanitary works; or(b) within one month after that granting, or within any further period the local authority allows, request the local authority to install the sanitary works.(3) [Section 61 Subsection (3) substituted by No. 96 of 1993, s. 252 and Sched. 1 ]If the owner fails to comply with subsection (1) or (2) , the owner is taken to have requested the local authority to install any sanitary works as it thinks appropriate or complete the sanitary works.(4) [Section 61 Subsection (4) omitted by No. 96 of 1993, s. 252 and Sched. 1 ]. . . . . . . .(5) This section does not apply in the case of a house in which, on the appointment of the septic tank district, there are sanitary works which the owner, in good faith, claims to be sufficient for the purposes of section sixty –(a) if the owner of the house gives the local authority a notice to that effect; and(b) unless the local authority, after inspecting the house, gives the owner notice that it requires the existing works to be replaced, altered, or added to.(6) Section eighty-three applies in relation to notices under paragraph (b) of subsection (5) of this section.
64. Works improperly carried out
(1) [Section 64 Subsection (1) amended by No. 68 of 1962, s. 27 ][Section 64 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]If any sanitary works in a septic tank district are not constructed in accordance with the approved plan and specifications, if any, and Division 4 of Part 5 of the Local Government (Building and Miscellaneous Provisions) Act 1993 , the local authority may, by notice, require the owner to bring them into conformity therewith.(2) Section eighty-three applies in relation to notices under this section.
(1) Where, because of an alteration in the structure of a house or in the use of it, any sanitary works it is required to have under this Part are not such as would be required if it were a new building, the local authority may, by notice, require the owner to construct such required sanitary works, and to alter if necessary, the existing sanitary works.(2) Section eighty-three applies in relation to notices under this section.
PART X - . . . . . . . .[Part X Substituted by No. 18 of 1977, s. 3 ][Part X Repealed by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 66 Substituted by No. 18 of 1977, s. 3 ][Section 66 Repealed by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . . [Section 67 Substituted by No. 18 of 1977, s. 3 ][Section 67 Subsection (4) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 67 Repealed by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . . [Section 67A Inserted by No. 18 of 1977, s. 3 ][Section 67A Subsection (5) substituted by No. 37 of 1996, s. 3 and Sched. 1 ][Section 67A Subsection (6) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 67A Repealed by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .
PART XI - Works at the Owner's Expense
68. Ascertainment of sums due to local authorities
[Section 68 Amended by No. 66 of 1959, s. 2 ]Where a local authority has a right to recover its expenses under section twenty-seven , subsection (3) of section forty-four, subsection (7) of section fifty-one, or subsection (6) of section eighty-three, the certificate of the local authority's engineer or, if it has no engineer, its surveyor or inspector, shall be prima facie evidence of the expenses incurred by it in the matter to which the certificate relates.
69. Owner's liability for expenses recoverable by local authority
(1) [Section 69 Subsection (1) amended by No. 66 of 1959, s. 3 ]Where a local authority has the right to recover expenses under section twenty-seven , subsection (3) of section forty-four, or subsection (7) of section fifty-one, from the owner of the land in respect of which the expenses were incurred, those expenses may be recovered upon demand therefor from the person who is the owner of the land at the date when the works in respect of which the right arose were completed, or, if he has ceased to be the owner of the land before the service of the demand either from him or from the person who is then the owner.(2) Where a demand is made as provided in subsection (1) of this section, unless the person receiving it replies forthwith challenging either the correctness of the certificate on which the demand is based or the reasonableness of the amount, or denying liability for the works or some part of them, the amount demanded shall from the day on which the person on whom the demand was served received it, or, where service was otherwise than by delivery, ought to have received it, become due and payable by that person to the local authority with interest at the rate of five per cent per annum commencing one month after the amount demanded becomes due and payable.(3) If the person on whom the demand is served replies thereto as provided in subsection (2) of this section, the local authority may sue him for the amount demanded or some portion of it in the court of general sessions holden for its district, or, if there is no such court, a court of requests, and –(a) the court shall have jurisdiction to hear and determine the action notwithstanding the amount of the claim;(b) where the local authority has not done the whole of the work requested or has not done it as requested, the court may award as much as it thinks the local authority ought, in equity and good conscience, to receive; and(c) the defendant shall not rely on any defence not relied on in his reply to the demand.(4) As from the completion of any works for the expenses of which a demand may be made under this section, those expenses, together with interest accrued due thereon, shall be a charge on the land until recovered.
70. Power to recover establishment expenses
[Section 70 Amended by No. 66 of 1959, s. 4 ]Where, under section twenty-seven , section twenty-nine , section thirty , subsection (3) of section forty-four, subsection (7) of section fifty-one, or subsection (6) of section eighty-three, a local authority is entitled to recover the cost or its expenses of any works it may include in, and recover as part of, the cost or expenses, such additional sum, not exceeding ten per cent of the cost of the works, as it may think fit in respect of its establishment charges.
(1) [Section 71 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 3 ][Section 71 Subsection (1) amended by No. 66 of 1959, s. 5 ][Section 71 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 71 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2, Pt. II ]Where –calculated quarterly on the days on which instalments are due.(a) the amount payable by an owner under section twenty-nine or section thirty is more than a quarter of the annual value of his land as shown by the current assessment roll;(b) a local authority has resolved that any expenses recoverable under section seventy shall be payable by instalments; or(c) a person, liable –payment may be made in forty, or if the local authority so agrees, sixty, quarterly instalments, subject to the payment of interest on the balance remaining unpaid at the rate –in excess of $50, so requests the local authority in writing, within one month after service of the demand therefor, or, in a case to which subsection (3) of section sixty-nine applies, within one month after the judgment therefor –(i) under section twenty-seven , subsection (3) of section forty-one, or subsection (7) of section fifty-one to pay expenses; or(ii) for work and labour done and materials supplied at his request under section sixty-one for payment –(d) if money was borrowed by the local authority for the work, of one per cent per annum more than is payable on that money; and(e) if not, of five per cent per annum –(2) [Section 71 Subsection (2) amended by No. 55 of 1965, s. 5 ]Where money is payable by instalments under this section –(a) the first quarterly instalment shall be payable immediately upon the expiry of one month after service of the demand for the money, or, in a case to which subsection (3) of section sixty-nine applies, after the date of the judgment therefor;(b) the local authority may require that any quarterly instalment excluding interest shall not be less than $10, notwithstanding that in consequence, repayment will be made in less than the full number of instalments;(c) the person liable to pay the instalments may, at any time, pay off the balance then unpaid;(d) if any instalment is not paid within fourteen days after the due date thereof the balance then unpaid shall become forthwith due, payable, and recoverable, unless the local authority waives the benefit of this paragraph; and(e) any instalment, together with any interest payable therewith, may be recoverable from the owner or occupier for the time being of the land in respect of which the instalments have become payable, and, if recovered from the occupier, may be deducted from any rent payable by him in respect of his occupancy of the land.(3) An occupier shall not be required under subsection (2) of this section to pay at any one time any sum in excess of the amount that was due from him on account of rent due at, or has become due from him on account of rent since, the date on which he received the demand from the local authority together with a notice requiring him not to pay rent to his landlord without deducting the sum so demanded.
72. Power of municipality to borrow money by the issue of instalment debentures
[Section 72 Substituted by No. 68 of 1962, s. 28 ](1) [Section 72 Subsection (1) substituted by No. 30 of 1995, s. 3 and Sched. 1 ]A council may borrow money by the issue of instalment debentures under Division 2 of Part 8 of the Local Government Act 1993 to defray the cost of works it carries out under section 51 or 61 .(2) Sections one hundred and eighty-six and three hundred and six of the Local Government Act 1962 do not apply to a loan under this section.(3) [Section 72 Subsection (3) omitted by No. 30 of 1995, s. 3 and Sched. 1 ]. . . . . . . .
73. Debentures to be repaid within 20 years
Any debenture issued in pursuance of section seventy-two shall provide for the repayment by half-yearly instalments of the principal thereby secured at some time not later than 20 years from the issue thereof, and for payment of interest on so much of the principal as remains outstanding.
All moneys repaid to or recovered by the local authority in respect of works carried out by it under Part VIII or Part IX from persons liable to pay its expenses thereof shall be paid into a special fund out of which the half-yearly payments, mentioned in section seventy-three , shall be made.
75. Power of local authority to borrow to meet deficiency
If the moneys mentioned in section seventy-four are not sufficient to meet the payments therein mentioned, the local authority may borrow the amount required to make up the deficiency upon such terms and subject to such conditions as may be approved by the Governor.
76. Power to make a separate rate
[Section 76 Amended by No. 68 of 1962, s. 29 ][Section 76 Amended by No. 10 of 1985, s. 3 and Sched. 1 ][Section 76 Amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 76 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] If the local authority borrows under section seventy-five , it may, once in every year, make and levy a separate rate under the Local Government Act 1993 , on all land within the drainage or septic tank district in respect of which the loan is incurred, for the purpose of providing for payments to a sinking fund and of interest, in respect of any amount so borrowed.
PART XII - Miscellaneous
[Section 77 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] The provisions of Part X of the Waterworks Clauses Act 1952 , apply to a system under this Act as if it were waterworks and as if the drainage authority for the system were the undertakers within the meaning of that Part.
(1) [Section 78 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 3 ][Section 78 Subsection (1) amended by No. 68 of 1962, s. 30 ][Section 78 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]Subject to this section, an authorized officer of a local authority, on producing, if so required, some authenticated document showing his authority, may enter any premises in any district, including a septic tank district, at all reasonable hours –(a) for the purposes of ascertaining whether there is or has been on or in connection with the premises any contravention of the provisions of this Act that it is the duty of the authority to enforce;(b) for the purpose of ascertaining whether or not circumstances exist that would authorize or require the authority to take any action or execute any work under this Act;(c) [Section 78 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] for the purpose of taking any action or executing any work that is authorized or required by this Act or any order made under this Act to be taken or executed by the drainage authority; or(d) generally for the purpose of the performance by the local authority of its functions –(i) under this Act; or(ii) [Section 78 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] in respect of any drain, system or associated works under this Act, Part 5 of the Local Government (Building and Miscellaneous Provisions) Act 1993 or the Public Health Act 1962 .(2) Admission to any premises, not being a factory, workshop, or workplace, may only be demanded as of right after twenty-four hours' notice of the intending entry has been given to the occupier.(3) If it is shown to the satisfaction of a justice on sworn information in writing –the justice may, by warrant under his hand, authorize the local authority, by any authorized officer, to enter the premises, if need be, by force.(a) that –(i) admission to any premises has been refused;(ii) refusal of admission to any premises is apprehended;(iii) any premises are unoccupied;(iv) the case is one of urgency; or(v) an application for admission to any premises would defeat the object of the entry; and(b) that there is reasonable ground for entry into the premises for one of the purposes set out in subsection (1) of this section –(4) A warrant shall not be issued under subsection (3) of this section unless the justice is satisfied that –(a) notice of the intention to apply for a warrant has been given to the occupier;(b) the premises are occupied;(c) the occupier is temporarily absent;(d) the case is one of urgency; or(e) the giving of notice of intention to apply for a warrant would defeat the object of the entry.(5) An authorized officer entering any premises by virtue of this section or of a warrant issued under this section may take with him such other persons as may be necessary, and, on leaving any unoccupied premises that he has entered by virtue of a warrant under this section, shall leave them as effectively secured against trespassers as he found them.(6) A warrant under this section continues in force until the purpose for which the entry is necessary has been satisfied.
79. Penalty for obstructing execution of Act
[Section 79 Amended by No. 55 of 1965, s. 5 ]A person who wilfully obstructs a person acting in the execution of this Act, or on any order or warrant made or issued under this Act, is, in any case for which no other provision is made by this Act, liable to a fine of $10 and to a further fine of $10 for each day on which the offence continues after conviction therefor.
All notices, consents, demands, and other documents authorized or required by or under this Act to be given, made, or issued by a local authority, and all notices and applications authorized or required by or under this Act to be given or made to, or to any officer of, a local authority, shall be in writing.
81. Authentication of documents
(1) [Section 81 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]Any notice, consent, demand, or other document that a local authority is authorized or required by or under this Act to give, make, or issue may be signed on behalf of the local authority –(a) by the mayor;(b) by the general manager of the council;(c) by the engineer, surveyor, municipal health officer, health inspector, or treasurer of the local authority as respects documents relating to matters within their respective provinces; or(d) by any officer of the local authority authorized by it in writing to sign documents of the particular kind or, as the case may be, the particular document.(2) Any document purporting to bear the signature of an officer expressed to hold an office by virtue of which he is, under this section, empowered to sign such a document or expressed to be duly authorized by the local authority to sign such a document or the particular document shall for the purposes of this Act be deemed, until the contrary is proved, to have been duly given, made, or issued by authority of the council.(3) In subsection (2) of this section, the expression signature includes a facsimile of a signature by whatever process it is reproduced.
Any notice, order, consent, demand, or other document that is required or authorized by or under this Act to be given to or served on any person may in any case for which no other provision is made by this Act be given or served either –(a) by delivering it to that person;(b) by leaving it or sending it in a pre-paid letter addressed to him to his usual or last-known place of abode;(c) in the case of a corporation, by delivering it to the secretary or clerk of the corporation at its registered or principal office or by sending it in a pre-paid letter addressed to him at that office; or(d) in the case of a document to be given to or served on the owner or the occupier of any land, if it is not practicable after reasonable inquiry to ascertain the name and address of the person to or on whom it should be given or served, or if the land is unoccupied, by addressing it to the relevant person by the description of "owner" or "occupier" of the land (naming or describing it) to which it relates and delivering it to some person on the land, or if there is no person on the land to whom it could be delivered, by affixing it or a copy of it to something conspicuous on the land.
83. Provisions as to appeals against, and the enforcement of, notices requiring execution of works
(1) The provisions of this section apply in relation to any notice given under this Act that is expressly declared to be a notice in relation to which this section applies.(2) A notice to which this section applies shall indicate the nature of the works to be executed and state the time within which they are to be executed.(3) [Section 83 Subsection (3) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] If a person who is served with a notice to which this section applies is aggrieved by it on any of the grounds that–or on two or more of those grounds, he or she may apply to the Magistrates Court (Administrative Appeals Division) for a review of the notice.(a) the notice or requirement is not justified by the terms of the section under which it purports to have been given or made;(b) there is some informality, defect, or error in connection with the notice;(c) the local authority has refused unreasonably to permit the execution of alternative works or that the works required by the notice to be executed are otherwise unreasonable in character or extent or are unnecessary;(d) the time within which the works are to be executed is not reasonably sufficient for the purpose;(e) the notice may lawfully have been served on the occupier of the premises instead of on the owner, or on the owner instead of on the occupier, and that it would have been equitable for it to have been so served; or(f) where the work is work for the common benefit of the land to which the notice relates and other land, some other person, being the owner or occupier of land to be benefited, ought to contribute towards the expenses of executing any works required by the notice–(4) [Section 83 Subsection (4) amended by No. 30 of 1995, s. 3 and Sched. 1 ]Where the grounds on which an application is made under this section include a ground specified in paragraph (e) or paragraph (f) of subsection (3) of this section the applicant shall give seven days' notice in writing of his proposed application to each other person referred to, and in the case of any application under this section may give similar notice to any other person having an estate or interest in the land to which the application relates, and shall, in all cases, give the like notice to the general manager of the local authority.(4A) [Section 83 Subsection (4A) inserted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] All parties notified under subsection (4) are taken to be parties to the review.(5) [Section 83 Subsection (5) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] In addition to its powers under the Magistrates Court (Administrative Appeals Division) Act 2001 , the Magistrates Court (Administrative Appeals Division) –(a) if and so far as the application is based on the ground of some informality, defect or error in or in connection with the notice, is to dismiss the application if it is satisfied that the informality, defect or error was not a material one; and(b) may make such order as it thinks fit with respect to the person by whom any work is to be executed and the contribution to be made by any other person towards the cost of the work or as to the proportions in which any expenses that may become recoverable by the local authority are to be borne by the applicant and the other person; and(c) is to have regard, as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and the nature of the works required; and(d) is to, in any case, have regard to the degree of benefit to be derived by the different persons affected by the application.(6) [Section 83 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 83 Subsection (6) amended by No. 67 of 1994, s. 3 and Sched. 1 ]Subject to subsection (3) of this section, if a person who is required by a notice to which this section applies to execute any works fails to execute the works within the time thereby limited, the local authority may itself execute the works and recover from that person the expenses reasonably incurred by it in so doing, and, without prejudice to its right to exercise that power, that person is liable to a fine not exceeding 0·2 penalty unit and a daily fine not exceeding 0·08 penalty unit while the default continues after his conviction therefor.(7) [Section 83 Subsection (7) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] In proceedings by a local authority against a person who is served with a notice to which this section applies for the recovery of any expenses that the authority is entitled to recover from him, it is not open to that person to raise any question that he could have raised on an application for review under this section.
[Section 84 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 84 Substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002](1) If an application for a review to the Magistrates Court (Administrative Appeals Division) is made under this Act, the document notifying the person concerned of the decision of the local authority is to state that an application for a review may be made and the time within which the application is to be made.(2) Where, on an application for a review under this Act, the Magistrates Court (Administrative Appeals Division) varies or sets aside any decision of a local authority, the local authority is to give effect to the decision of the Court and, in particular, is to grant or issue any necessary consent or other document and make any necessary entry in any register.
(1) The Governor may make regulations for the purposes of this Act.(2) [Section 85 Subsection (2) substituted by No. 39 of 1965, s. 7 ][Section 85 Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ]Without prejudice to the generality of subsection (1) of this section, the regulations may –(a) deal with any matter that might be the subject of a by-law under section eighty-six ;(b) be general or in respect of particular districts;(c) contain provisions to apply only to the districts to which they are made applicable by by-law;(d) [Section 85 Subsection (2) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] incorporate by reference provisions of the Building Act 2000 and any material that may be incorporated in the Building Act 2000 ; and(e) provide that a reference –shall be read as a reference to those rules or that code, specification, or publication as from time to time amended or replaced by the institution, organization, or person that issued it or them.(i) to any rules, code, specification, or publication mentioned in that paragraph; or(ii) in any such rules, code, specification, or publication to any other such rules, code, specification, or publication –(3) For the purpose of incorporation by reference in the regulations the Minister may approve and cause to be published as he may direct standard rules, specifications, and drawings.
(1) [Section 86 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 86 Subsection (1) amended by No. 23 of 1960, s. 5 and Sched. 1 ]Subject to any regulation under this Act, a drainage authority may, and shall on the recommendation of the Minister for Health, make by-laws for the proper construction, maintenance, and working of its system and for the construction, use, maintenance, and cleansing of works and appliances connected therewith.(2) The powers conferred by subsection (1) of this section extend to –(a) providing for the making or supplying of plans for private installations; and(b) charging fees for such plans and for any supervision, inspections and tests required or authorized by this Act or the by-laws of the authority.(3) [Section 86 Subsection (3) amended by No. 96 of 1993, s. 252 and Sched. 1 ]For the purposes of this section –(a) [Section 86 Subsection (3) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] . . . . . . . .(b) the several septic tanks of the sanitary works in the district or any other nightsoil disposal installation approved by the Minister administering the Public Health Act 1962 shall be deemed to constitute its system therefor.(4) For the purposes of subsection (1) of this section, a local authority shall exercise its powers with respect to by-laws contained in the Act by virtue of which it is a local authority.(5) [Section 86 Subsection (5) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 86 Subsection (5) amended by No. 45 of 1999, Sched. 6, Applied:01 Jan 2000] [Section 86 Subsection (5) amended by No. 68 of 1962, s. 31 ][Section 86 Subsection (5) amended by No. 30 of 1995, s. 3 and Sched. 1 ]A drainage authority that is not a local authority shall submit its by-laws to the Minister and no by-law made by the authority shall have effect until it is confirmed by the Minister, and published in the Gazette, and, upon being so confirmed and published it shall be enforced in the same manner as a by-law under the Local Government Act 1993 .
(1) Model forms of by-laws for the purposes of this Act may be published in the Gazette by direction of the Governor.(2) [Section 87 Subsection (2) substituted by No. 68 of 1962, s. 32 ][Section 87 Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ]A local authority may adopt a model by-law published under this section as if it were published under Division 4 of Part 11 of the Local Government Act 1993 .(3) [Section 87 Subsection (3) omitted by No. 68 of 1962, s. 32 ]. . . . . . . .(4) Model forms of by-laws under this section –(a) may incorporate by reference specifications published elsewhere than in the Gazette; and(b) may leave blanks for names and matters depending on local circumstances, which blanks may contain a note of what may be inserted and shall be numbered serially throughout the form.(5) Every by-law for the adoption of a model by-law containing blanks shall set out how each blank shall be filled up, and every copy of a model by-law prepared for the purpose mentioned in paragraph (c) of subsection (3) of this section shall have the blanks filled up accordingly.(6) Every model form of by-law containing blanks shall be published in the Gazette in letters of such size and so spaced that the words to fill in the blanks can be conveniently written in with an ordinary typewriter.