5. Notice of intention to drain or pump water
(1) When an owner or occupier of land proposes to drain or pump water from under the land surface because of the salinity of the land or the water and to discharge that water onto other land, into other water or into a watercourse, the owner or occupier shall, at least 90 days before the draining or pumping commences, notify the Commissioner in writing in a form approved by the Commissioner.
(2) An owner or occupier of land who gives notice to the Commissioner in accordance with subregulation (1) but fails to commence draining or pumping water within the period of 2 years from the date of the notice, is required, at least 90 days before he or she proposes to drain or pump water, to give notice, in accordance with subregulation (1), to the Commissioner for reassessment.
(2a) A notice under subregulation (1) or (2) is to be accompanied by ¾
(a) a plan or an aerial photograph in a scale approved by the Commissioner ¾
(i) with a north point and the scale clearly marked;
(ii) identifying the land to which the notice relates and adjacent land, including lot or location numbers;
(iii) showing the location of the proposed drains or pumping works, and where the water will be discharged; and
(iv) showing any public roads adjacent to the land to which the notice relates;
(b) any approval, permission or consent to ¾
(i) carry out the proposed draining or pumping, or to discharge the water; or
(ii) construct any works to be used for the proposed drainage or pumping, or to discharge the water,
obtained under any law of the State, or any application submitted for such approval, permission or consent.
(3) An owner or occupier who discharges water without having notified the Commissioner in accordance with subregulations (1) or (2) commits an offence.
Penalty: $2 000.
(4) On receiving a notice under subregulation (1), the Commissioner shall send a copy of the notice to any Public Authority or district committee that is or may be concerned with the salinity of that other land or water.
[Regulation 5 amended in Gazette 22 Jun 2004 p. 2137-8.]