New legislation to regulate drainage with fines up to $50 000

Robust new laws are coming that impose fines of up to $50 000 and imprisonment in a raft of new offences, as the government seeks to rein in misuse of water courses, gullies, roadway drainage systems and to control the impact of rain runoff and flooding due to actions of property owners and housing developers.

Under the new Storm Water Management Bill introduced on Tuesday by Deputy Prime Minister and Minister of Transport and Works Santia Bradshaw, the chief technical officer (CTO), or his designate, will have new and increased legal powers.

Among them is the power to enter private premises during emergency situations without prior notice in order to address conditions that mitigate or prevent flooding and drainage matters.

The deputy prime minister referenced the floods that devastated the Weston, St James area several decades ago that also took the life of calypsonian Carew and was blamed on works by a developer that blocked a gully uphill from the district.

If the Bill, which will replace the 1951 Prevention of Floods Act, gets approval from the Upper and Lower Houses, new conditions will be imposed on residential and commercial owners and occupiers, and those involved in the property development business.

It will create designated flood zones, prohibit construction in flood zones, restrict the planting of trees and crops in designated flood prone areas, require scheduled cleaning of drainage facilities and waterways, as well as create a mechanism for government to seek compensation for restorative and other works it is forced to undertake due to actions of homeowners, commercial entities and housing developers.

The legislation defines the role of the chief technical officer and his powers under the legislation.

“Under the previous Prevention of Floods legislation, while it recognised the CTO as the officer with responsibility for executing the functions under the act, it did not recognise that the CTO often delegates these functions to his authorised representatives, namely the officers who exist within the Drainage Division,” Bradshaw told the Chamber.

She explained: “Section 9 is the one that gives the chief technical officer the power to enter premises without prior notice in order to execute flood works where . . . there’s an imminent danger of flooding . . . .

“It is to mitigate the risk of flooding or to facilitate the drainage of water. From time to time where we know that there is a system pending, oftentimes because obstructions may have been brought to the attention of the Drainage Unit, it becomes important for the officers . . . to go into the field and clear certain areas.”

Bradshaw further told the House: “In an emergency, the ministry has to act quickly. Equally, there are times where if you have planned the works, you can give notice to the individual homeowners or persons within the general neighbourhood that work is going to be effected on a particular date or the access is required to be granted. So, it allows for, I would hope, a lessening of tension sometimes, which . . . existed where the officers may require to enter premises or they’re seen at somebody’s premises, but there’s really no formal notice being given to them.”

According to Bradshaw, Section 8 of the Bill allows the chief technical officer or an authorised representative to enter premises after giving 48 hours’ notice to the owner or occupier to allow the officers to undertake necessary work for the preparation of flood plans.

“Sometimes you need to gain entry as well, because if the work is going to be outsourced, somebody externally may have to come to the site and be able to view the scope of the works and submit a quotation for the works to be done.

“The other reason for giving the 48 hours’ notice to the owner or occupier would be where they are evaluating the compensation to be paid to the owner of the premises in connection with the work,” the minister of transport and works told the House. (IMC1)