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. 63