South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
145—Requirement for remedial or other work
(1) If the Chief
Officer is satisfied that the water of a well is likely to be degraded or
wasted because—
(a) of a
defect in the well, or in the casing, lining or screen of the well; or
(b) the
well or the casing, lining or screen is in need of maintenance; or
(c)
there is no mechanism for capping the well or the mechanism for capping the
well is inadequate or in need of maintenance,
the Chief Officer may, by notice served on the owner or occupier of the land
on which the well is situated, direct that the work or other action specified
in the notice be carried out or taken to remedy the problem.
(2) If the Chief
Officer is satisfied—
(a)
—
(i)
that there is a defect in a well, or in the casing,
lining or screen of a well; or
(ii)
that a well, or the casing, lining or screen of a well,
is in need of extensive maintenance; or
(iii)
that the drawing of water from a well has caused, or
would be likely to cause, damage to a water resource; or
(iv)
that a well has been constructed in contravention of this
Act, or has been used in connection with a contravention of this Act; and
(b) that
it is reasonable in the circumstances to act under this subsection,
the Chief Officer may, by notice served on the owner or occupier of the land
on which the well is situated, direct that the well be plugged, backfilled or
sealed.
(3) If, in the
Chief Officer's opinion, a defect in a well resulted from work carried out by
a licensed well driller, the Chief Officer may, in addition to or instead of
serving notice on the owner or occupier of the land, serve notice under subsection (1)
or subsection (2)
on the well driller (but the notice must not be served later than 6 months
after the work was carried out).
(4) A well driller on
whom a notice is served is entitled to enter the land on which the well is
situated in order to comply with the notice.
(5) A person who fails
to comply with a notice is guilty of an offence.
Maximum penalty:
(a)
where the offender is a body corporate—$30 000;
(b)
where the offender is a natural person—$15 000.
(6) If a person on
whom a notice has been served fails to comply with the notice the
Chief Officer may enter the land on which the well is situated and carry out
the necessary work or take the necessary action and any other work or action
that the Chief Officer considers appropriate in the circumstances and the
Chief Officer's costs will be a debt due by the person to the Crown.