Clause 23

in the section heading, after “stormwater drainage system”, insert “, etc.”;

in subsections (1)(a) and (b), (3) and (4)(a)(ii), replace “or drainage reserve” wherever it appears with “, drainage reserve or reservoir”;

after subsection (1), insert —“(1A) A person must not carry out or cause to be carried out —

any activity (not being works) which affects or is likely to affect any stormwater drainage system, drain or drainage reserve, directly or indirectly; or

any activity (not being works) that could lead to the discharge of silt directly or indirectly into any stormwater drainage system, drain, drainage reserve or reservoir.”;

after subsection (4), insert —“(4A) Where any activity is or has been carried out in contravention of subsection (1A), or as a result of which silt is discharged which exceeds the standards or limits prescribed under subsection (3), the Board may by written notice require the person who carried out or caused to be carried out the activity, or the owner or occupier of any premises where the activity was carried out, to do one or more of the following:

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

to carry out any works that the Board thinks necessary to restore the stormwater drainage system, drain, drainage reserve or reservoir to its original condition or to protect the stormwater drainage system, drain, drainage reserve or reservoir, within the time specified in the notice;

to take any measures that the Board thinks necessary to adhere to the standards or limits prescribed under subsection (3).”;

replace subsection (5) with —“(5) Any person who —

contravenes subsection (1), (1A) or (2);

without reasonable excuse, fails to comply with a notice of the Board under subsection (4)(a) or (4A); 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carries out any works after the clearance certificate or approval relating to those works has been revoked or during the period that the clearance certificate or approval is suspended under subsection (4)(b),shall be guilty of an offence and shall be liable —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.”;

in subsections (6), (7) and (8), after “subsection (4)(a)”, insert “or (4A)”; and

after subsection (7), insert —“(7A) Where the Board is satisfied that it is immediately necessary to take any measure or carry out any works —

to stop the works or activity carried out in contravention of subsection (1), (1A) or (2);

to restore the stormwater drainage system, drain, drainage reserve or reservoir to its original condition or to protect the stormwater drainage system, drain, drainage reserve or reservoir; or

without affecting paragraph (a) or (b), to prevent any silt resulting from any works or activity mentioned in subsection (1) or (1A) from discharging directly or indirectly into any stormwater drainage system, drain, drainage reserve or reservoir,any authorised officer may enter upon any premises pursuant to section 43(2) and carry out or cause to be carried out the measures or works.(7B) The Board may, as it thinks just —

recover the costs and expenses reasonably and necessarily incurred in carrying out the measures or works under subsection (7A) from any of the persons mentioned in subsection (4)(a) or (4A), as the case may be; or

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