URBAN COUNCILS ACT
Chapter 29:15
180 Protection of public sewers and public drains
(1) No person shall, except with the consent of the council and subject to such conditions as
it may impose—
(a) construct any building or other structure over a public sewer or public drain or in such a
position or in such a manner as to be likely to interfere with or endanger a public sewer or
public drain; or
(b) excavate, open or remove the ground above, next to, under or near a public sewer or
public drain; or
(c) discharge or put into or permit to enter a public sewer or public drain any solid, liquid or
gaseous substance which the council, by notice in writing to the person concerned, has
prohibited from being discharged into that sewer or drain on the grounds that it is likely to
injure or damage that sewer or drain, interfere with the free flow or sewage or stormwater or cause a nuisance or involve danger to the health of persons entering that sewer or
drain or employed at the sewage works or to endanger, destroy or be injurious to the
structure of any public sewer, public drain, sewage works or land or to the processes used
therein or thereon; or
(d) discharge or put into or permit to enter a public sewer any storm-water; or
(e) discharge or put into or permit to enter a public drain any sewage; or
(f) make any opening into a public sewer or public drain; or
(g) take any action which might injure, endanger or destroy a public sewer or public drain.
(2) The council may—
(a) demolish, alter or otherwise deal with any building or other structure constructed in
contravention of subsection (1);
(b) fill in or make good any ground excavated or removed in contravention of subsection (1);
(c) repair and make good any damage done in contravention of, or occasioned as a result of a
contravention of subsection (1);
(d) remove anything discharged or put into a public sewer or public drain in contravention of
subsection (1) or which is injuring or endangering or likely to injure or endanger or
destroy the public sewer or public drain;
and recover the expenses incurred by the council from the person guilty of such contravention.
(3) Where any person discharges or puts into or permits to enter a public sewer or public
drain any solid, liquid or gaseous substance which is prohibited in by-laws, the council may
take steps to stop the entry of the substance into the sewer or drain and may recover the
reasonable expenses incurred by it in stopping such entry and in—
(a) removing; and
(b) repairing and making good any damage done by;
anything so discharged or put into or permitted to enter a public sewer or public drain.
181 Control of public streams
(1) Notwithstanding anything contained in the Natural Resources Act [Chapter 20:13] or the
Water Act [Chapter 20:22] but subject to the requirements of any water rights granted by the
Administrative Court in terms of the latter Act, a council shall have power and authority within
the council area or any other area under the administration and control of the council to
canalize, control, define, deepen, broaden or narrow the course of any public stream which lies
wholly or partly within the council area or such other area.
(2) For the purpose of exercising any power or authority conferred by subsection (1) or for
the control of storm-water, the council may—
(a) alter, close, divert or drain any public stream;
(b) subject to section 357 of the Mines and Minerals Act [Chapter 21:05], build, construct
and maintain any aqueduct, artificial water course, wall or other works which in its
opinion is necessary.
182 Saving of rights under contract or servitude
Nothing in this Part shall derogate from the rights of a municipality or town under any
contract or servitude.
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