Soil Conservation Act 1986

Where the chief executive is of the opinion that the discharge or receipt of run-off water onto or across a property boundary is not in accordance with an approved property plan, the chief executive may give a run-off coordination notice to the owner, or where the owner is not in occupation then the occupier, of the land from or on which the run-off water is being discharged or received, as the case may be.

A run-off coordination notice may require the person to whom it is given to do any of the following, to discharge or receive run-off water onto or across a property boundary in accordance with an approved property plan—

to remove, alter or repair a bank, channel, ditch, vegetation or thing whether constructed, excavated or accumulated by nature or by the act of humans or to refrain from construction, excavation or accumulation of the bank, channel, ditch, vegetation or thing as aforesaid;

to undertake, construct, excavate or maintain such soil conservation measures as are specified in the plan.

A run-off coordination notice shall specify the period of time within which all the matters specified in the notice shall be completed and may require any of those matters to be done under the supervision of a delegate of the chief executive.

Notwithstanding section 38, where a person fails to comply with a run-off coordination notice the chief executive may apply to the Supreme Court for an order or an injunction directing that person to comply with or, as the case may be, to refrain from contravening the notice.

For the purposes of an application made pursuant to subsection (4) the chief executive shall be deemed to possess a sufficient interest or right in law to support the granting of such a remedy.