(A) has obstructed, or may
obstruct, the flow of water in a watercourse, lake or spring; or
(B) has had,
or may have, a significant adverse effect on the physical integrity of a
watercourse, lake or spring; or
(C) has significantly affected, or may
significantly affect, the quality of water in a watercourse, lake or spring;
and
(ii) action should be taken in relation to the vegetation, litter, refuse
or matter to protect or restore the flow of water in the watercourse, lake or
spring, the physical integrity of the watercourse, lake or spring or the
quality of water in the watercourse, lake or spring.
(2) This section also
applies if—
(a) there is vegetation, litter, refuse or other matter in a
watercourse or lake; and
(b) the circumstances of the vegetation, litter,
refuse or matter in the watercourse or lake correspond to the circumstances
under subsection (1) (b) in relation to vegetation, litter, refuse or matter;
and
(c) the watercourse or lake is on land or forms a boundary or part of a
boundary of land.
(3) The chief executive may give notice to the owner of the
land requiring the owner to take the reasonable action stated in the notice
within the reasonable time and in the way, if any, stated in the notice.
(4)
However, in relation to a watercourse forming a boundary, or part of a
boundary, of the owner’s land, the notice must not require the owner to take
action beyond the centre-line of the watercourse.
(5) The owner must comply
with the notice, unless the owner has a reasonable excuse.
Penalty—
Maximum penalty—1,665 penalty units.
(6) For sections 783and 851, the
notice is taken to be a compliance notice.
(7) In this section—
"vegetation" includes non-native vegetation of any kind.
