Clause 20

Every stormwater drainage system or drain at any premises (but not any such system or drain under the control or supervision of the Board or maintained by the Board) must be altered, repaired and kept in proper order at the cost and expense of the owner of the premises.(2) Without affecting subsection (1), where the stormwater drainage system or drain under that subsection or any part thereof —

is connected to any other premises; and

serves the drainage needs of the other premises,then the owner of the other premises must also at that owner’s own cost and expense alter, repair and keep in proper order the system or drain or part thereof (as the case may be) at the premises under subsection (1).(3) The Board may, by written notice, require any of the owners mentioned in subsections (1) and (2) to do one or both of the following at the owner’s own cost and expense:

to have the stormwater drainage system or drain or part thereof inspected and tested in such manner and at such intervals as the Board may require, to ensure that the system or drain or part thereof is kept in proper order;

to alter, repair or put in proper order the stormwater drainage system or drain or part thereof in such manner as the Board may require.(4) Where the Board is satisfied that it is immediately necessary to alter, repair or put in proper order any or any part of a stormwater drainage system or drain under subsection (1) or (2), 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 any of those purposes.(5) The Board may, as it thinks just —

recover the costs and expenses reasonably and necessarily incurred in carrying out the works under subsection (4) from any owner of the premises mentioned in subsections (1) and (2); or

apportion such costs and expenses among all or any of the owners of the premises mentioned in subsections (1) and (2) and recover the sums apportioned from those owners.(6) Any person who contravenes subsection (1) or (2) shall be guilty of an offence.(7) Nothing in this section prevents any owner of the premises mentioned in subsection (1) and any owner of any other premises in subsection (2) from agreeing on an apportionment between them of any costs of altering, repairing or keeping in proper order the stormwater drainage system or drain or part thereof mentioned in subsection (2); but the Board is not, for the purposes of subsection (5)(b), bound by any such agreement.Flood protection measures to be kept in proper order at cost of owners22B.—

The owner of any premises must alter, repair and keep in proper order every flood protection measure at the premises.(2) The Board may, by written notice, require the owner mentioned in subsection (1) to do one or both of the following at the owner’s own cost and expense:

to have the flood protection measure inspected and tested in such manner and at such intervals as the Board may require, to ensure that the flood protection measure is kept in proper order;

to alter, repair or put in proper order the flood protection measure in such manner as the Board may require.(3) Where the Board is satisfied that it is immediately necessary to alter, repair or put in proper order any flood protection measure, 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 any of those purposes.(4) Any expenses reasonably and necessarily incurred in carrying out the works referred to in subsection (3) may be recovered from the owner mentioned in subsection (1).(5) Any person who contravenes subsection (1) shall be guilty of an offence.”.