Water Industry Act 2012

A person who proposes to do work near water/sewerage infrastructure must give the relevant water industry entity at least 14 days notice of the proposed work if—

there is a risk of equipment or a structure coming into dangerous proximity to water/sewerage infrastructure; or

in the case of water infrastructure—there is a risk of the work affecting the quality of any water within, or reasonably likely to enter, the infrastructure; or

the work may interfere with water/sewerage infrastructure in some other way. Maximum penalty: Maximum penalty: $2 500.

It is a defence to a charge of an offence against subsection (1) if, in the circumstances of an emergency, it is not practicable to give the notice required by subsection (1), and the notice is given as soon as practicable.

A person who does work near water/sewerage infrastructure must comply with—

requirements prescribed by regulation that are applicable to the work; and

reasonable requirements made by the water industry entity for the protection of the infrastructure or the safety of the persons carrying out the work. Maximum penalty: Maximum penalty: $2 500.

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.

This section does not apply in a case that is within the ambit of section 52.