Part 3 Powers of State Water Corporation
(1) The Corporation is the owner of all works installed by, vested in or transferred to the Corporation in or on any land (including the bed of any river, lake or estuary) whether or not the land is owned by the Corporation.(2) The Corporation may, subject to this and any other Act or law and for purposes consistent with its objectives:(a) build and install works, and(b) operate, repair, replace, maintain, remove, extend, expand, connect, disconnect, improve or do any other things that are necessary or appropriate to any of its works, and(c) sell, demolish or otherwise deal with any of its works.(3) Part 3 and section 91 (b) and (c) of the Public Works Act 1912 do not apply in respect of works owned by the Corporation.(4) The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.
22 Acquisition of land for purposes of this Act
(1) The Corporation may acquire land (including an interest in land) for the purposes of this Act.(2) Other purposes for which land may be acquired under this section include the purposes of a future sale, lease or disposal, that is, to enable the Corporation to exercise its functions in relation to land under this Act.(3) Land that the Corporation is authorised to acquire under this section may be acquired by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.(4) For the purposes of the Public Works Act 1912:(a) an acquisition in accordance with this section is taken to be for an authorised work, and(b) the Corporation is, in relation to that work, taken to be the Constructing Authority, and(c) Part 3 and section 91 (b) and (c) of that Act do not apply in respect of that work.(5) The Corporation may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of this or any other Act, without the approval of the portfolio Minister.(6) Any such acquisition is not void merely because it is expressed to be for the purposes of the Corporation or for the purposes of this Act.
(1) The Corporation has, for the purposes of exercising its functions under this or any other Act, the powers of entry on land that a water supply authority has under sections 296 and 297 of the Water Management Act 2000.(2) For the purposes of this section, the reference in section 297 (1) (d) of the Water Management Act 2000 to an offence against that Act is taken to include a reference to an offence under this Act.
(1) The Corporation may, on giving reasonable notice to persons likely to be affected, open and break up:(a) the soil and pavement of a public road or public reserve, and(b) any sewer, drain or tunnel in or under a public road or public reserve,for the purpose of exercising its functions under this or any other Act.(2) The statutory body having the control and management of a public road or public reserve may, as prescribed by the regulations, require the Corporation to comply with conditions in exercising its powers under subsection (1), including conditions for restoration of the surface and removal of rubbish.(3) If a public road or public reserve is damaged by a leakage from, or a bursting of, the Corporation’s water main, the statutory body having the control and management of the public road or public reserve may require the Corporation to make good the damage without delay.(4) If the Corporation fails:(a) to comply with a condition in force under subsection (2), or(b) to comply with a requirement under subsection (3),the statutory body affected by the failure may remedy it and recover the cost of doing so in a court of competent jurisdiction as a debt owed to the statutory body by the Corporation.
25 Altering position of conduits
(1) If:(a) the Corporation, in order to exercise its functions, needs an alteration to be made in the position of a conduit owned by another person, and(b) the alteration would not permanently damage the conduit or adversely affect its operation,the Corporation may serve on the person a written notice that complies with subsection (2).(2) A notice must:(a) specify the alteration needed, and(b) require the alteration to be made within a reasonable time stated in the notice, and(c) include an undertaking by the Corporation to pay the reasonable cost of the alteration.(3) If the alteration is not made as required by the notice, the Corporation may make the alteration in such a manner as not to damage the conduit permanently or adversely affect its operation on completion of the alteration.(4) In this section, conduit means anything that is in or under a public road (or any other land on which no building or other structure is located) and is used for the conveyance of a substance, energy or signals.
26 Corporation may use water management works to generate hydro-electricity
The Corporation may authorise devices for generating electricity from water released in the exercise of the Corporation’s functions under this Act to be placed on or in any of its water management works.
27 Obstruction of water management works
(1) If a person places a structure or other thing in or near any of the Corporation’s water management works in such a manner as to interfere with the work, the Corporation may:(a) demolish and remove the structure or other thing, and(b) repair the work, and(c) recover the cost of doing so in a court of competent jurisdiction as a debt owing to the Corporation by the person who placed the structure or other thing there.(2) The Corporation may apply for and obtain an injunction to prevent a structure or other thing being placed as referred to in subsection (1).
28 Finding source of pollution of water supply
(1) If water captured, stored or released by the Corporation is being polluted, the Corporation may, after giving reasonable notice to persons likely to be affected by its action, dig up the ground and try to find the source of the pollution.(2) If it is found that a person given notice under this section is not responsible for the pollution, the Corporation must bear the expenses of:(a) the digging, examination, repair and reinstatement of the broken ground, and(b) the repair of any damage caused by the Corporation to the property of the person.(3) The Corporation may recover the expenses incurred by it in a court of competent jurisdiction as a debt due to the Corporation by any person responsible for the pollution.
29 Corporation may impose fees and charges
(1) The Corporation may impose fees and charges on any person to whom the Corporation provides a service in the exercise of its functions, including any person to whom the Corporation makes water available.(2) The Corporation may impose different fees and charges according to specified factors or circumstances.(3) Any fee or charge imposed under this section is taken to be a debt due to the Corporation and is recoverable in a court of competent jurisdiction.(4) A fee or charge levied under this Act on the holder of an access licence (within the meaning of the Water Management Act 2000) and any costs awarded to the Corporation by a court in proceedings to recover the fee or charge are a charge on the access licence and may be registered in accordance with the Water Management Act 2000.