WATER RESOURCES ACT 2007 - SECT 74 Direction to prevent or rectify damage to bed or bank of waterway

WATER RESOURCES ACT 2007 - SECT 74

    (1)     It is the duty of the owner or occupier of land on which there is a waterway or that adjoins a waterway to take reasonable steps to prevent damage to the bed or banks of the waterway.

    (2)     If the authority is satisfied that the owner or occupier of land has failed to carry out the duty, the authority may give the owner or occupier a written direction to take stated action the authority considers appropriate—

        (a)     to prevent damage mentioned in subsection (1); and

        (b)     to rectify any damage that has already happened.

    (3)     The direction must state a period within which the person must comply with the direction.

    (4)     A person must comply with a direction given to the person under this section.

    (5)     In this section:

"damage" does not include—

        (a)     damage caused in the normal course of an activity authorised under this Act; or

        (b)     damage of a minor nature.