South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
144—Obligation to maintain well
(1) Subject to subsection (2)
, the occupier of land on which a well is situated must ensure that the well
(including the casing, lining, and screen of the well and the mechanism (if
any) used to cap the well) are properly maintained.
Maximum penalty:
(a)
where the offender is a body corporate—$30 000;
(b)
where the offender is a natural person—$15 000.
(2) It is a defence to
prosecution for an offence against subsection (1)
to prove that—
(a) the
defendant could not lawfully carry out the necessary maintenance work without
a permit granted under Division 3 ; and
(b) the
defendant had applied for the required permit within a reasonable time but the
relevant authority had refused or failed to grant it.