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WATER ACT 1912 - SECT 120
Duty of occupier to keep in repair
120 Duty of occupier to keep in repair
(1) It shall be the duty of each occupier of any of the lands in sections 107
and 109 mentioned, and if any of the said lands should at any time be
unoccupied it shall be the duty of the owner thereof, to maintain in good
repair and in efficient condition such channels and other works in connection
therewith as have been constructed through the land, and any occupier or owner
who fails to comply with the provisions of this subsection shall be liable to
a penalty not exceeding 5 penalty units.
(2) The Ministerial Corporation, or
any person appointed by it in that behalf, may, on being informed of any
failure by an occupier or owner to comply with the provisions of the last
preceding subsection, require the occupier or owner, by notice in writing
served on the owner or occupier, to effect such repairs and do such things as
the Ministerial Corporation may consider necessary in order to put the channel
in an efficient condition.
If the occupier or owner for one week after receipt of the notice fails or
neglects to comply therewith it shall be lawful for the Ministerial
Corporation to cause such repairs and things as aforesaid to be effected and
done, and recover from the occupier or owner, as the case may be, in any court
of competent jurisdiction, the expenses thereby incurred.
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