Clause 74

A person commits an offence if —

the person intentionally, recklessly or negligently engages in conduct that causes damage to —

a public street; or

any property belonging to the Government by virtue of this Act, or acquired by the Government under this Act, which is in, on or under a public street;

the person does not have the prior written approval of the Authority to engage in such conduct; and

the damage —

to the public street prevents or substantially prevents the passage of pedestrians or vehicular traffic on or other use of the public street; or

to the property belonging to or acquired by the Government prevents or substantially prevents the property from being used or operated in the manner in which it is intended to be used or operated.(2) A person who commits an offence under subsection (1) shall be guilty of an offence and shall be liable on conviction as follows:

for intentionally engaging in conduct which is the offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 6 months or to both;

for any other case, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both.(3) Whether or not any proceedings for an offence under subsection (1) is instituted or results in a conviction, the Authority may recover from any person who engaged in conduct that caused damage to —

any public street; or

any property belonging to the Government by virtue of this Act, or acquired by the Government under this Act, which is in, on or under a public street,the full amount of the damage caused.(4) In this section —“conduct” means any act or omission, any series of acts or omissions, or both;“engage in conduct” means engage, whether directly or indirectly, in conduct either alone or together with any other person or persons.”.