Queensland Numbered Acts

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SURAT BASIN RAIL (INFRASTRUCTURE DEVELOPMENT AND MANAGEMENT) ACT 2012 No. 32 - SECT 40

40 Coordinator-General may enter land and carry out activities for watercourses

(1) If the Coordinator-General considers that water from a watercourse has collected and obstructs, or is likely to collect and obstruct, traffic on the railway, the Coordinator-General, or a person authorised under this section by the Coordinator-General, may—

(a) enter the land on which the watercourse is situated; and
(b) take the action that the Coordinator-General considers necessary or desirable to reduce or prevent the collection of water.

(2) Before acting under subsection (1), the Coordinator-General may, by written notice, require the owner of the land on which the watercourse is situated to take the action that the Coordinator-General considers necessary or desirable to reduce or prevent the collection of water.

(3) The owner must comply with the notice, unless the owner has a reasonable excuse.

Maximum penalty—200 penalty units.

(4) If the owner does not comply with the notice, the Coordinator-General may exercise the powers mentioned in subsection (1).

(5) The owner is liable to pay the Coordinator-General the costs incurred because of the exercise of the powers.

(6) This section applies—

(a) even if the water collected, or was likely to collect, as a result of action authorised under an Act; or
(b) whether the water collects, or was likely to collect, permanently, temporarily or intermittently.


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