[(1) deleted]
(1a) For the purposes
of the Minister’s functions under this Act or a relevant Act the
Minister, subject to Part VI, may —
(a)
enter upon any land, street, premises or thing and acquire, provide or
construct wells, reservoirs, dams and such other works as in the
Minister’s opinion may be required for the purposes of the conservation
or management of water; and
(b)
carry out such other works including the construction of premises and
provision of facilities as may be necessary for the purposes of this Act or
any relevant Act.
(2) Without limiting
the generality of subsection (1a) the Minister, for the purposes of this Act
or a relevant Act, may —
(a)
exercise the powers conferred by sections 82, 83A, 93, and 94 of the
Public Works Act 1902 and Division 4 of Part 9 of the
Land Administration Act 1997 , save that those sections shall be read and
construed as though —
(i)
a reference therein to the Minister administering that
Act or that Part were a reference to the Minister; and
(ii)
the provisions of this Act relating to entry on to land
and the giving of notice had effect in substitution for the provisions of the
Land Administration Act 1997 and the Public Works Act 1902 relating to those
matters,
and the powers
conferred by those sections shall be deemed to include the power to carry out
general or specific investigations, tests, borings, explorations and other
surface or underground studies —
(iii)
to ascertain the existence, nature and extent of water
resources including underground water resources; and
(iv)
to formulate schemes for the provision, extension or
alteration of water services; and
(v)
to determine the feasibility and requirements of works or
proposed works; and
(vi)
to survey or demarcate land;
(b) for
the purposes of this section —
(i)
drain, pump, excavate or otherwise remove any water, soil
or obstruction; or
(ii)
remove or use any earth, rock, trees and other things
taken from any land; or
(iii)
take water, soil or other samples; or
(iv)
acquire, provide, remove or reconstruct buildings, pumps
and other structures or plant; or
(v)
open, or alter the position of, any pipe, sewer, drain,
channel, tunnel, wire or other fitting or apparatus within or under any land,
including any street or premises; or
(vi)
remove, or make a gate in, or erect, any fence (taking
all reasonable steps to notify the owner and occupier of the land on which, or
on the boundary of which, the fence is, or is to be, erected).
(3) In the exercise of
the powers conferred by this section the Minister shall ensure that so far as
is reasonable and practicable —
(a) the
free use of any land, street or premises is not obstructed; and
(b) as
little detriment or inconvenience is caused and as little damage is done as is
possible,
and section 62 applies
in respect of damage thereby occasioned.
[Section 83 inserted: No. 25 of 1985 s. 19;
amended: No. 73 of 1995 s. 38, 41 and 42; No. 31 of 1997 s. 137(18); No. 38 of
2007 s. 122 and 135; No. 25 of 2012 s. 93 and 109.]