Surat Basin Rail (Infrastructure Development and Management) Act 2012

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—

enter the land on which the watercourse is situated; and

take the action that the Coordinator-General considers necessary or desirable to reduce or prevent the collection of water.

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.

The owner must comply with the notice, unless the owner has a reasonable excuse.Maximum penalty—200 penalty units.

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

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

This section applies—

even if the water collected, or was likely to collect, as a result of action authorised under an Act; or

whether the water collects, or was likely to collect, permanently, temporarily or intermittently.