Clause 10

replace subsection (1) with —“(1) A person must not —

erect, construct or lay, or cause or permit to be erected, constructed or laid, any object, manhole, pipe, cable, mains, building or structure over, across or adjacent to —

any sewer or sewerage system; or

any or any part of a proposed public sewerage system that has been or is being constructed; or

carry out or cause to be carried out any other works which adversely affect or are likely to adversely affect, directly or indirectly —

any sewer or sewerage system; or

any or any part of a proposed public sewerage system that has been or is being constructed by the Board,without obtaining, in respect of those works, a clearance certificate or the approval of the Board under section 33.(1A) A person must not —

erect, construct or lay, or cause or permit to be erected, constructed or laid, any object, manhole, pipe, cable, mains, building or structure at any place at which a public sewerage system or any part thereof is proposed to be constructed by the Board; or

carry out or cause to be carried out any other works at that place,without first giving written notification to the Board of the works.”;

replace subsection (2) with —“(2) Where any object, manhole, pipe, cable, mains, building or structure is erected, constructed or laid or any other works are carried out in contravention of subsection (1) or any condition of a clearance certificate or approval granted pursuant to subsection (1), the Board may do all or any of the following:

by written notice, require any person specified in subsection (3) to do one or more of the following:

to immediately cease the carrying out of those works, either indefinitely or for such period as the Board may specify;

to carry out any works that the Board thinks necessary to protect the sewer or sewerage system within the time specified in the notice;

to demolish and remove the object, manhole, pipe, cable, mains, building or structure within the time specified in the notice;

revoke the clearance certificate or approval given, or suspend the clearance certificate or approval for such period as the Board considers reasonable.”;

in subsection (3), replace “subsection (2)” with “subsection (2)(a)”;

in subsection (3)(b) and (d), after “object,”, insert “manhole, pipe, cable, mains,”;

replace subsection (4) with —“(4) Any person who —

contravenes subsection (1); or

carries out any works after the clearance certificate or approval relating to those works has been revoked or during the period that the clearance certificate or approval is suspended under subsection (2)(b),shall be guilty of an offence and shall be liable —

on the first conviction to a fine not exceeding $50,000; and

on a second or subsequent conviction to a fine not exceeding $100,000.(4A) Any person who contravenes subsection (1A) shall be guilty of an offence.(4B) Where the Board is satisfied that it is immediately necessary to do any work mentioned in subsection (2)(a)(ii) or to demolish and remove the object, manhole, pipe, cable, mains, building or structure, any authorised officer may enter upon any premises pursuant to section 43(2) and carry out or cause to be carried out those works, or the demolition and removal, as the case may be.(4C) The Board may, as it thinks just —

recover the costs and expenses reasonably and necessarily incurred in carrying out the works or demolition and removal under subsection (4B) from any of the persons mentioned in subsection (3); or

apportion such costs and expenses among all or any of the persons mentioned in subsection (3) and recover the sums apportioned from those persons.”; and

in subsection (5), replace “section 2” with “section 2(1)”.