Offence and penalty

(1) No person shall back the water of any river, creek or water-course upon any claim or cause any claim to be flooded, Mines and Minerals 37 either wilfully or by neglect, through the construction of any dam or stop-off, or in any other way. (2) Any person who contravenes paragraph (1) of this Regulation commits an offence and shall be liable on summary conviction to a fine not exceeding five hundred dollars ($500) or to imprisonment for a term not exceeding six (6) months, or to both. (3) In addition to the penalty stated in paragraph (2) above, any person who backs any river, creek or water-course so as to obstruct or cause damage to any road, railway, trial or other means of access, shall be liable for such damages as may be assessed by the Inspector. etc.