511Removal of obstructions from drainage channel or watercourse

1. Where in the opinion of the council the free flow of water in any drainage channel or in any watercourse that is not under the control of any other local authority—

2. is impeded by any obstruction, and that obstruction is likely to cause loss of life, injury, or damage to property in the district or to obstruct navigation; or
3. is likely to be impeded by any such obstruction,—
the council may, by notice in writing, require the occupier or, if there is no occupier, the owner of the land on the banks of the drainage channel or watercourse within the district to remove the obstruction from the drainage channel or watercourse and from the banks of the drainage channel or watercourse to a distance not exceeding 3 metres from the nearest margin of the drainage channel or watercourse.

4. Within 10 days after service of the notice, the occupier or owner to whom the notice is given may apply to the District Court for an order setting aside the notice.

5. On the hearing of the application, the court, whose decision shall be final, shall determine whether the notice should or should not be set aside, and in the former case the notice shall be deemed to be void.

6. In the case of a notice which is not set aside as aforesaid, if the occupier or owner, as the case may be, fails to do any such act in compliance therewith within 1 month from the service thereof, or, where application as aforesaid has been heard, then within 1 month after the giving of the decision of the court, he commits an offence, and the council, by its officers or agents, may enter on the land and do that act.

7. Where the council does any work under subsection (4), it may recover the cost from the occupier or owner.

8. Notwithstanding that no work has been carried out by the council under subsection (4), the council may recover any cost or expenses incurred by it under this section in respect of any investigations or supervision carried out by the officers or agents of the council.

9. The said cost and expenses shall be a charge upon the land.

10. The council may dispose of anything removed under this section in such manner as it thinks fit, and the proceeds of that disposal shall form part of its general revenues.

11. Where a drainage channel or watercourse or the bed thereof divides 2 districts, the council on either side may exercise the powers under subsection (1) in respect of that half of the river bed adjoining the bank within its district.

12. In this section,—

13. obstruction includes earth, stone, timber, driftwood, and material of all kinds, and trees, plants, weeds, and growths of all kinds:
14. the occupier or owner of land adjoining a road shall be deemed to be the occupier or owner of land on the banks of any drainage channel or watercourse running upon the road where the road fronts the land of that occupier or owner, unless the channel or watercourse has been artificially constructed by the council for the purpose only of draining the surface of the road:
15. remove, in relation to any obstruction consisting of trees, plants, weeds, or growths, includes, if the council so specifies, burning, poisoning, cutting, or treating, whether with or without the removal of the burnt, poisoned, cut, or treated portions.

16. Nothing in this section shall be deemed to authorise any council to dispose of any timber floated down any watercourse under the Timber Floating Act 1954.