Clause 22

in the section heading, replace “and drainage reserves” with “, drainage reserves and reservoirs”;

in subsection (1), replace paragraph (a) with —“(a)erect or place any fence, partition, structure or object in, above or across, or enclosing, the whole or any part of, any drain or reservoir;”;

in subsection (1)(c), after “cable”, insert a comma;

in subsection (1A)(a) and (c) (as inserted by section 42(c) of the State Lands Protection Act 2022), replace “drainage reserve that is State land” with “drain or drainage reserve”;

in subsection (1A)(b) (as inserted by section 42(c) of the State Lands Protection Act 2022), delete “that is State land”;

in subsection (2)(a)(i) (as inserted by section 42(c) of the State Lands Protection Act 2022), replace “enclosing, the drain” with “enclosing, the whole or any part of, the drain or reservoir”;

in subsection (2)(b) (as inserted by section 42(c) of the State Lands Protection Act 2022), replace “drainage reserve” with “drain, drainage reserve or reservoir”;

in subsection (2)(c)(i) and (ii) (as inserted by section 42(c) of the State Lands Protection Act 2022), replace “or drainage reserve” with “, drainage reserve or reservoir”;

after subsection (2) (as inserted by section 42(c) of the State Lands Protection Act 2022), insert —“(2A) Without affecting subsection (2), if any condition of a clearance certificate or approval granted pursuant to subsection (1) or (1A) is contravened, the Board may revoke the clearance certificate or approval given, or suspend the clearance certificate or approval for such period as the Board considers reasonable.”;

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

contravenes subsection (1) or (1A); 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carries out any works after the clearance certificate or approval relating to those works has been revoked or during the period that the clearance certificate or approval is suspended under subsection (2A),shall be guilty of an offence and shall be liable —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.”;

after subsection (6) (as inserted by section 42(g) of the State Lands Protection Act 2022), insert —“(6A) Where the Board is satisfied that it is immediately necessary to remove the structure, object or obstruction and make good the drain, drainage reserve or reservoir 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 any alterations, repairs, works, acts or things that are necessary for that purpose.(6B) The Board may, as it thinks just —

recover the costs and expenses reasonably and necessarily incurred in carrying out the works under subsection (6A) 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 subsections (7), (8), (9)(b) and (11)(b) (as inserted by section 42(g) of the State Lands Protection Act 2022), after “subsection (5)”, insert “or (6A)”.