Clause 17

in the section heading, replace “public sewer” with “public sewerage system”;

replace subsections (1) and (2) with —“(1) Any person who —

causes any damage to —

any public sewerage system or any part thereof;

any drain‑line or sewer connected to a public sewerage system; or

any earth retaining structure; or

renders any public sewerage system or any part thereof or any private sewer a nuisance,shall be guilty of an offence and shall be liable —

on the first conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 months or to both; and

on a second or subsequent conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 months or to both.(2) Any person who —

does any act which renders any public sewerage system or any part thereof or any private sewer dangerous or injurious to health;

causes any damage to a pipe of 0.9 metres or greater in diameter that is part of or connected to the public sewerage system; or

does any act which disrupts the operation of or causes damage to any sewage treatment plant, sewage treatment works or water reclamation facility,shall be guilty of an offence and shall be liable —

on the first conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and

on a second or subsequent conviction to a fine not exceeding $400,000 or to imprisonment for a term not exceeding 2 years or to both.”; and

replace subsection (4) with —“(4) If it appears to the Board that there has been a contravention of subsection (1) or (2), the Board may, by written notice, require any person who has caused the damage or done any of the acts mentioned in subsection (1) or (2), or any other person who may be liable under either of those subsections by virtue of section 67A, to carry out any works that may be necessary to restore the public sewerage system, private sewer or earth retaining structure to its original condition within the time specified in the notice.(5) Where the Board is satisfied that it is immediately necessary to carry out any works that may be necessary to restore the public sewerage system to its original condition, any authorised officer may enter upon any premises pursuant to section 43(2) and carry out or cause to be carried out those works.(6) The Board may, as it thinks just —

recover the costs and expenses reasonably and necessarily incurred in carrying out the works under subsection (5) from any person mentioned in subsection (4) on whom the Board could have served a written notice to restore the public sewerage system to its original condition; or

apportion such costs and expenses among all or any of the persons mentioned in subsection (4) and recover the sums apportioned from those persons.”.