(1)  A person must not perform any building work over an existing drain or within one metre from the edge of an existing drain measured horizontally, unless the owner of the building obtains written consent from the general manager of the council for the municipal area where the work is performed.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The general manager may impose any reasonable condition on written consent given under subsection (1) .

(3)  The general manager may require an owner of a building to give a written undertaking not to hold the council liable for damage or inconvenience arising from the building work performed in accordance with the written consent of the general manager under this section.