(1) In order to carry out any drainage scheme, it shall be lawful for a municipal council to carry any drain, sewer, conduit, tunnel, culvert, pipe or water-course through, across or under any street or any place laid out as or intended for a street, or under any cellar or vault which may be under any street, and, after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within the¹[municipal area].

(2) The municipal council or any officer appointed by it for such purpose may enter upon and construct any new drain in the place of an existing drain in any land wherein any drain vested in the municipal council has been already constructed, or may repair or alter any drain vested in the municipal council.

(3) In the exercise of any power under this section, no un-necessary damage shall be done, and compensation, which shall, in case of dispute, be ascertained and determined in the manner provided in section 268 shall be paid by the municipal council to any person who sustains damage by the exercise of such power.

_______________________________

1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.