WATER ACT 1989 - SECT 209 Removal of existing works and structures

WATER ACT 1989 - SECT 209

S. 209(1) amended by Nos 12/1996 s. 8(7), 85/2006 s. 91, 32/2010 s. 77(Sch.).

    (1)     An Authority to which this Division applies and that has the function referred to in section 202(1)(d) or (e) or referred to in section 202(2)(d) or (e) may, by notice in writing to the owner of the affected land, require the owner to allow the Authority to enter the land and demolish or modify any works or structures that—

S. 209(1)(a) amended by No. 12/1996 s. 9(5).

        (a)     are within an area liable to flooding or a floodway area, or between a building line and any part of the designated waterway or designated land or works in relation to which the building line was declared; and

S. 209(1)(b) amended by No. 12/1996 s. 9(6).

        (b)     existed at the time of the declaration of the area liable to flooding or of the floodway area or of the building line.

S. 209(2) amended by No. 52/1998

s. 311(Sch. 1 item 105.26).

    (2)     An owner on whom a notice under subsection (1) is served may, within 60 days after service, apply to the Tribunal for review of the decision of the Authority to demolish or modify the works or structures.

    (3)     The Authority may—

        (a)     if no application is made under subsection (2), after 60 days after the

service of the notice; and

        (b)     if an application is made, after determination of the application in favour of the Authority—

carry out the demolition or modification.

S. 210 amended by No. 52/1998

s. 311(Sch. 1 item 105.26).