Protection of infrastructure and equipment
50 Protection of infrastructure and equipment
A person must not, without lawful authority—
attach any equipment or other thing, or make any connection, to water/sewerage infrastructure; or
interfere with—
the collection, storage, production, treatment, conveyance, reticulation or supply of water through the use of water infrastructure;
or
the collection, storage, treatment, conveyance or reticulation of sewage through the use of sewerage infrastructure; or
disconnect or interfere with any water/sewerage infrastructure, or any equipment associated with any water/sewerage infrastructure;
or
damage any water/sewerage infrastructure, or any equipment associated with any water/sewerage infrastructure. Maximum penalty: Maximum penalty: $20 000.
If a water industry entity believes on reasonable grounds that a person has acted in contravention of subsection (1)—
the water industry entity may, at any reasonable time, enter any land and carry out an inspection of any place; and
as it thinks fit (whether or not an inspection has taken place), after complying with any requirements prescribed by the regulations, disconnect, close, turn off or remove anything that has, in the opinion of the entity, been attached or used in connection with the contravention.
If any entry under subsection (2)(a) is refused or obstructed, a water industry entity may obtain a warrant under
Part 10 to enter the land.
Action taken by a water industry entity under this section may be taken on the entity's behalf by a water industry officer or another person authorised by the water industry entity for the purpose.
A person must not, without lawful authority, pull up or remove any poles, stakes or other items driven into, or placed in or on, the ground for the purposes of carrying out any works associated with the construction, alteration, maintenance, management or removal of any water/sewerage infrastructure. Maximum penalty: Maximum penalty: $5 000.
A person must not, without lawful authority, destroy or damage any works associated with the construction, alteration, maintenance, management or removal of any water/sewerage infrastructure. Maximum penalty: Maximum penalty: $20 000.
If a water industry entity suffers loss as a result of a contravention of this section, the entity may recover compensation for the loss from a person guilty of the contravention—
on application to a court convicting the person of an offence against this section; or
by action in a court of competent jurisdiction.
For the purposes of this section, water/sewerage infrastructure includes a common drain (including a common drain upstream of a connection point).
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