South Australian Current Acts

SOUTH EASTERN WATER CONSERVATION AND DRAINAGE ACT 1992 - SECT 44

44—Power of authority to direct certain work be carried out

        (1)         Where—

            (a)         any work has been carried out or any other thing done by a person in contravention of this Division or the repealed Act; or

            (b)         a person contravenes or fails to comply with a condition of a licence under this Division; or

            (c)         the relevant authority is of the opinion that any water management works constructed by a person pursuant to a licence (whether before or after the commencement of this Act) are having a harmful effect on the proper management or conservation of surface or underground water in the South East,

the relevant authority may, by notice in writing addressed to the person, require the person, within the time specified in the notice, to take specified steps (which may include the complete removal of any work) to remedy the contravention or non-compliance or to ensure the proper management or conservation of surface or underground water, as the case may be.

        (2)         Where a person to whom a notice under subsection (1) has been given fails to comply with the notice, the relevant authority may cause such work to be carried out as full compliance with the notice may require.

        (3)         The costs incurred by an authority in exercising its powers under subsection (2)—

            (a)         may be recovered as a debt from the person in default; and

            (b)         are a charge over the land on which the works in question are situated, being a charge that ranks in priority before all other charges and mortgages (other than a charge or mortgage in favour of the Crown or a Crown instrumentality).

        (4)         The powers exercisable by a relevant authority under this section in relation to a person may be exercised in relation to a successor in title to the land on which the works in question are situated.