(1) It shall not be
lawful for a local government to deal with any highway or any land under its
control, or for any owner or occupier of any land to deal with the same in
such a manner that the free flow of storm water along any natural channel
through or across such highway or land is so impeded or interfered with as to
cause or be likely to cause any collection or pool of stagnant or offensive
water or liquid.
(2) Subject to
subsection (3), a local government, an owner or occupier which or who
contravenes subsection (1) commits an offence.
(3) Nothing in this
section shall apply to dams constructed for mining or other industrial
purposes, provided that no offensive matter is allowed to accumulate in such
dams.
[Section 91, formerly section 71, renumbered as
section 91: No. 38 of 1933 s. 42; amended: No. 113 of 1965 s. 8(1); No. 80 of
1987 s. 10; No. 14 of 1996 s. 4.]