WATER ACT 1912 - SECT 118A
Drillers to be licensed
WATER ACT 1912 - SECT 118A
Drillers to be licensed
118A Drillers to be licensed
(1) A person must not carry out any work as a driller on any land (other than
land of which the person is the owner or occupier) unless:
(a) the person is
the holder of a driller's licence issued by the Ministerial Corporation, and
(b) the work being carried out is of a type or class prescribed in the
regulations and set out in the licence issued to that person.
(2) Any person
who contravenes the provisions of subsection (1) shall, upon conviction, be
liable to a penalty not exceeding 5 penalty units and a further penalty not
exceeding 1 penalty unit for each day during which the contravention continues
after such conviction.
(3A) A driller's licence in the prescribed form may be
issued from time to time by the Ministerial Corporation to any competent and
capable person for a period of three years upon application in the prescribed
form being made therefor in writing accompanied by the prescribed fee and upon
the Ministerial Corporation having been furnished with such information as to
the competency and capability of the applicant as it may require.
(4) A
holder of a driller's licence who acts as a driller on or in connection with
the construction of a bore shall, upon demand being made by the Ministerial
Corporation and within such time as the Ministerial Corporation may specify,
furnish to the Ministerial Corporation or to such person as the Ministerial
Corporation may direct and in such form as the Ministerial Corporation may
require, such information relating to:
(a) the nature and thickness of the
various strata met with during the drilling performed by the holder in
connection with the bore,
(b) the location, quantities and quality of all
supplies of water met with during such drilling,
(c) the height each such
supply of water stands relative to the natural surface of the ground at the
site of the bore, and
(d) the depth, diameter and other particulars of the
bore and the casing inserted in the bore,
as the Ministerial Corporation may
require.
(5) Any driller who contravenes the provisions of subsection (4)
shall, upon conviction, be liable to a penalty not exceeding 2 penalty units
and to a further penalty not exceeding 0.5 penalty unit for each day during
which the contravention continues after such conviction and, in addition to
the imposition of the said penalty, the Ministerial Corporation may cancel the
driller's licence.
(6) The Ministerial Corporation may at any time cancel any
licence issued pursuant to subsection (3A) if in its opinion the holder of the
licence is or has become incompetent or incapable or is not a fit and a proper
person to continue to be licensed as a driller or for such other good and
sufficient cause as to the Ministerial Corporation seems proper.
(7) No
person shall be entitled to claim or be paid any compensation whatsoever
arising out of or by reason of the exercise by the Ministerial Corporation of
the powers conferred by subsection (6).