(1) This Part applies to each body referred to in Schedule 2 (referred to as a major utility).(2) The Governor may by proclamation published on the NSW legislation website amend Schedule 2 so as:(a) to add the corporate name of any body that is to become a major utility for the purposes of this Part, or(b) to vary the name of any major utility as a consequence of any change in its corporate name, or(c) to omit the corporate name of any body.
282 Review of activities of major utilities
(1) The activities of a major utility under this Act:(a) may be reviewed at any time, and(b) must be reviewed:(i) before the end of the 6 month period following the date on which its first approval was granted under section 95, and(ii) before the end of each 5 year period following the date on which its current approval was granted.(2) For the purpose of conducting such a review, the Minister must cause notice to be published:(a) in the Gazette, and(b) in an appropriate newspaper,inviting written submissions from interested persons in relation to the activities of the major utility during the period under review.
Part 2 Water supply authorities
In this Part:area of operations of a water supply authority means the area of operations prescribed by the regulations in relation to that authority.
charging year, in relation to a water supply authority, means:
(a) the period of 12 months declared by an order in force under Division 6 to be the charging year for the water supply authority, or(b) if the charging year is changed under that Division by a further order, the period between the end of one charging year and the beginning of the next.development area means an area of land declared by an order in force under Division 6 to be a development area.
drainage area means an area of land declared by an order in force under Division 6 to be a drainage area.
drainage service means that part of drainage pipework up to its point of connection to a water supply authority’s drainage system.
drainage service pipe means a pipe connecting a drainage service to a water supply authority’s drainage system, and includes the plumbing fittings connected to the pipe.
floodplain means an area of land declared by an order in force under Division 6 to be a floodplain.
meter includes any measuring device.
plumbing fitting includes any pipe, apparatus or fixture used for plumbing work.
plumbing work means work comprising or affecting:
(a) a water supply service pipe or its connection (whether directly or indirectly) with a water supply authority’s water supply system, or(b) a sewerage service pipe or its connection (whether directly or indirectly) with a water supply authority’s sewerage system, or(c) a drainage service pipe or its connection (whether directly or indirectly) with a water supply authority’s drainage system.river management area means an area of land declared by an order in force under Division 6 to be a river management area.
service charge means any of the following:
(a) a water service charge,(b) a sewerage service charge,(c) a drainage service charge,(d) a loan service charge,(e) a developmental works service charge,(f) a flood mitigation service charge,(g) a river management service charge, or(h) a special industry service charge,that may be levied under Division 6.sewage work means a work (such as a pump, pipe or channel) that is constructed or used for the purpose of removing sewage or other waste matter from land, including a reticulated system of such works, and includes:
(a) all associated pipes, valves, pumps and other equipment, and(b) all sewage treatment or sewage processing plants and their outfalls and drainage beds,but does not include any work declared by the regulations not to be a sewage work.sewerage service means that part of sewerage pipework, including all sanitary fixtures, up to its point of connection to a water supply authority’s sewerage system.
sewerage service pipe means a pipe connecting a sewerage service to a water supply authority’s sewerage system, and includes the plumbing fittings connected to the pipe.
special area means an area of land declared under Division 4 to be a special area.
special industry means an industry declared by an order in force under Division 6 to be a special industry.
water management work means a water supply work, drainage work, sewage work or flood work, and includes a work in the nature of a water supply work (being a work that receives water from a water supply work under the control or management of a water supply authority).
water supply service means that part of water supply pipework from its point of connection to a water supply authority’s water supply system up to and including its outlet valves.
water supply service pipe means a pipe connecting a water supply service to a water supply authority’s water supply system, and includes the plumbing fittings connected to the pipe.
water supply work includes any work that receives water from a water supply work under the control or management of a water supply authority.
284 Requirements for access licences and approvals
Nothing in this Part authorises a water supply authority to do anything for which this Act requires an access licence or approval unless the water supply authority holds an appropriate access licence or approval.
Division 2 Water supply authorities
(1) The corporations listed in Schedule 3 are water supply authorities.(2) A corporation listed in Part 1 of Schedule 3 is, for the purposes of any Act, a statutory body representing the Crown.(3) A corporation listed in Part 1 of Schedule 3 cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable such a corporation to exercise its functions.
286 Constitution of water supply authorities
(1) The Governor may, by proclamation published on the NSW legislation website:(a) name a water supply authority proposed to be constituted under this section, and(b) specify the number of members, the qualification for each member and whether or not the member is a full-time member or a part-time member, and(c) amend Schedule 3 by adding the name of the water supply authority to Part 1 of that Schedule.(2) The members are to be appointed by the Governor and, on their appointment, the water supply authority is constituted as a corporation.(3) The corporate name for the water supply authority is the name of the water supply authority stated in the proclamation.(4) On a change of area of operations or functions for a water supply authority listed in Part 1 of Schedule 3, the Governor may, by proclamation published in the Gazette, do either or both of the following:(a) change the number of part-time members of the water supply authority,(b) change the qualifications for part-time members of the water supply authority.(5) A change referred to in subsection (4) does not affect the identity of the water supply authority.
287 Statutory body may be water supply authority
(1) The Governor may, by proclamation published on the NSW legislation website with the consent of the Minister administering the Act by or under which a statutory body is constituted, amend Schedule 3 by adding the name of the statutory body to Part 2 of that Schedule.(2) On the addition of the name of a statutory body to Part 2 of Schedule 3, it becomes a water supply authority but still has its other functions.
288 Provisions relating to constitution and procedure of water supply authorities
(1) Part 1 of Schedule 5 has effect with respect to the members of the water supply authorities listed in Part 1 of Schedule 3.(2) Part 2 of Schedule 5 has effect with respect to the Australian Inland Energy Water Infrastructure.(3) Part 3 of Schedule 5 has effect with respect to the Cobar Water Board.(4) Parts 2 and 3 of Schedule 5 do not affect the operation of the other provisions of this Part in relation to the water supply authorities to which those Parts relate.
(1) The area of operations of a water supply authority is such as may be prescribed by the regulations for the water supply authority.(2) If a regulation so provides, a water supply authority has, and may exercise, in its area of operations or a specified part of its area of operations:(a) only such of the functions of a water supply authority as are specified in the regulation, or(b) all functions of a water supply authority other than functions specified in the regulation.(3) A regulation made for the purposes of subsection (2) may make provision for or with respect to:(a) matters affecting revenue, assets, rights, liabilities and employees of a water supply authority, and(b) procedures to be adopted for the purposes of paragraph (a).(4) Within the area of operations of a water supply authority, a function under this Part may be exercised only by the water supply authority unless:(a) the function is exercisable by the Minister, or(b) the function is exercised by a catchment management authority under the Catchment Management Authorities Act 2003, or(c) with the consent of the Minister, the function is exercised by another Minister, by the delegate of another Minister or by a statutory body, or(d) this Part provides otherwise.(5) With the consent of the Minister, a water supply authority may exercise a function outside its area of operations.(6) Until a regulation is made for the purposes of subsection (1), the area of operations of a water supply authority is the same as it was immediately before the commencement of this Part.
A water supply authority may delegate to a person the exercise of any of its functions, other than this power of delegation.
Division 3 Functions of water supply authorities
292 Functions of water supply authority
(1) A water supply authority has the following functions:(a) subject to the Minister’s approval, to construct, maintain and operate water management works and other associated works,(b) to conduct research, collect information and develop technology in relation to water management,(c) to do anything for the purpose of enabling the objects of this Act to be attained.(2) A water supply authority may exercise its functions within and beyond its area of operations.(3) It is the duty of a water supply authority to exercise its functions consistently with the principles of ecologically sustainable development.
293 Exercise of functions by a water supply authority
(1) A water supply authority:(a) has and may exercise the functions conferred or imposed on it by or under this or any other Act, and(b) in the exercise of its functions (except in relation to the contents of a report or recommendation made by it) is subject to the control and direction of the Minister.(1A) Subsection (1) (b) does not apply to a water supply authority listed in Part 3 of Schedule 3.(2) If a function conferred or imposed on a water supply authority by this Part is inconsistent with a function conferred or imposed on the water supply authority by or under another Act, this Part prevails.
(1) With the approval of the Governor, a water supply authority may enter into commercial operations with respect to:(a) any services developed in connection with the exercise of its functions, or(b) any products or by-products (including intellectual property) resulting from the exercise of its functions, or(c) such other matters as may be prescribed by the regulations.(2) With the approval of the Governor, a water supply authority may form, or join in forming, a company, partnership or trust for the purpose of exercising its functions under this Part.
295 Assistance to statutory body
A water supply authority may, at the request of a statutory body and with the consent of the Minister, exercise any of the functions of the statutory body in a part of its area of operations in respect of which the statutory body may exercise different functions, even if, but for the request, the water supply authority would not have exercised the function.
296 Entry on land to read meters or carry out works
(1) A water supply authority may, by its employees and agents:(a) enter and occupy land and there exercise any of its functions, including the carrying out of any work on, below or above the surface of the land, and(b) divert water from, or alter the course of, a stream, and(c) impound or take water on, in or under the surface of any land.(2) The power conferred by this section is sufficient authority for an employee or agent to enter and occupy land or any part of a building (except an enclosed part occupied as a separate dwelling) in the exercise of a water supply authority’s functions during daylight for the purpose of:(a) reading a meter, or(b) ascertaining whether trade waste is present or is being (or has recently been) discharged to a work of the authority, or(c) making a valuation,unless the employee or agent is refused access by the lawful occupier of the land.(3) A water supply authority may, in accordance with the regulations, attach a ventilating shaft, pipe or tube for a sewer to the wall of a building.(4) A water supply authority may remove or use anything dug up or obtained in the exercise of its powers under this section.(5) A water supply authority:(a) must do as little damage as practicable in exercising its powers under this section, and(b) must compensate all persons who suffer damage by the exercise of the powers,in relation to the land entered.(6) Compensation may be made by reinstatement or repair, by construction of works or by payment.(7) If a water supply authority provides a sewer, compensation is required only if:(a) the sewer causes injury to, or interference with, a building or other structure, or(b) a manhole or main ventilator is constructed on the land.(8) A claim for compensation:(a) is ineffective unless made in writing not later than 6 months after the damage was suffered, and(b) in the absence of agreement on the compensation, must be dealt with as if it were a claim for compensation for the acquisition of land for public purposes under the Public Works Act 1912.
297 Entry on land for inspections
(1) A water supply authority may at any time, by its employees or agents, enter any land (except an enclosed part occupied as a separate dwelling) for the purpose of finding out:(a) the character and condition of the land or building, or(b) the condition or location of any water management work used in connection with the land or building, or(c) whether any use, consumption, waste, misuse or undue consumption of water supplied by a water supply authority is occurring, or(d) whether any offence against this Act has been, or is being, committed.(2) A water supply authority must not exercise the powers conferred by subsection (1) unless:(a) reasonable written notice of its intention to do so has first been given to the landholder of the land, building or dwelling-house, or(b) it authorises the entry after forming the opinion that the giving of the notice would cause undue delay.(3) Reasonable force may be used to enter land, or a building other than a dwelling-house, under this section.(4) If the powers of entry under this section are exercised:(a) without notice being given, or(b) by force,the water supply authority must, without delay, notify such persons as it considers appropriate of the action taken.(5) The water supply authority may, by notice in writing given to the landholder of the land or building, require all defective or improper work discovered on an inspection to be repaired, altered or removed within 24 hours or such longer period as is stated in the notice.(6) If a notice under subsection (5) is not complied with, the water supply authority may, by its employees and agents, enter the land, building or dwelling-house and repair, alter or remove the defective or improper work.(7) If a notice is given under subsection (5):(a) the costs and expenses of the entry and inspection by the water supply authority, and(b) if the notice is not complied with, the costs and expenses of the water supply authority in acting under subsection (6),are recoverable from the landholder as a service charge.(8) If, on an inspection under this section:(a) no defective or improper work is discovered, and(b) no waste, misuse or undue consumption of water supplied by the water supply authority is occurring, and(c) no offence against this Act is discovered,the water supply authority must make good any damage or disturbance caused by it for the purposes of the inspection.(9) In exercising its powers under this section, a water supply authority must do as little damage as practicable.
(1) A water supply authority 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.(2) The statutory body having the control and management of a public road or public reserve may, as prescribed by the regulations, require a water supply authority 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, a water supply authority’s water main or sewer main, the statutory body having the control and management of the public road or public reserve may require the water supply authority to make good the damage without delay.(4) If a water supply authority 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 as a debt owed to the statutory body by the water supply authority.
299 Altering position of conduits
(1) If:(a) a water supply authority, 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 water supply authority 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 water supply authority to pay the reasonable cost of the alteration.(3) If the alteration is not made as required by the notice, the water supply authority 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.
(1) If a person places a structure or other thing in or near a water supply authority’s water management work in such a manner as to interfere with the work, the water supply authority may:(a) demolish and remove the structure or other thing, and(b) repair the work, and(c) recover the cost of doing so as a debt owing to the water supply authority by the person who placed the structure or other thing there.(2) A water supply authority may apply for and obtain an injunction to prevent a structure or other thing being placed as referred to in subsection (1).
301 Finding source of pollution of water supply
(1) If water supplied by a water supply authority is being polluted, the water supply authority 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 water supply authority 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 water supply authority to the property of the person.(3) A water supply authority may recover the expenses incurred by it as a debt due to the water supply authority by any person responsible for the pollution.
(1) Without limiting Part 1 of Chapter 7, the Minister’s power to give directions under that Part may be exercised in relation to a water supply authority’s sewage work as if it were a water management work within the meaning of that Part.(2) An appeal lies to the Land and Environment Court against the Minister’s decision to give such a direction in the same way as it lies against the Minister’s decision to give a direction under Part 1 of Chapter 7.
(1) The Governor may, on the recommendation of the Minister, by order published in the Gazette, declare an area of land described in the order to be a special area for a water supply authority.(2) The Minister may recommend an order only if of the opinion that the exercise of the State’s water rights could be adversely affected unless the order is made.
303 Crown land in special areas
(1) Action may not be taken under the Crown Lands Act 1989 in respect of land within a special area for a water supply authority unless:(a) a water supply authority has given its approval in writing, and(b) any conditions to which the approval is subject are complied with.(2) A water supply authority may, in a special area, exercise the functions of a trustee appointed under Part 5 of the Crown Lands Act 1989 without being appointed as such.
304 Exercise of certain functions in special areas
(1) A public agency may not, in relation to land within a special area for a water supply authority, exercise functions other than functions under this Part unless notice is first given, as prescribed by the regulations, to the water supply authority.(2) On receipt of such a notice, the water supply authority may make such representations to the public agency as it thinks fit.(3) A public agency may not exercise functions contrary to any such representations made by a water supply authority unless:(a) at least 14 days’ notice has been given to the water supply authority of the functions intended to be exercised, and(b) that period has expired without the matter being referred to the Minister as a dispute for determination.(4) In this section, public agency means:(a) the Governor, or(b) a Minister of the Crown, or(c) a statutory body.
Division 5 Developer contributions to the construction of works
305 Application for certificate of compliance
(1) A person may apply to a water supply authority for a certificate of compliance for development carried out, or proposed to be carried out, within the water supply authority’s area.(2) An application must be accompanied by such information as the regulations may prescribe.
306 Authority may impose certain requirements before granting certificate of compliance
(1) This section applies to such kinds of development as are prescribed by the regulations for the purposes of this section.(2) As a precondition to granting a certificate of compliance for development, a water supply authority may, by notice in writing served on the applicant, require the applicant to do either or both of the following:(a) to pay a specified amount to the water supply authority by way of contribution towards the cost of such water management works as are specified in the notice, being existing works or projected works, or both,(b) to construct water management works to serve the development.(3) In calculating an amount for the purposes of subsection (2) (a):(a) the value of existing water management works and the estimated cost of projected water management works may be taken into consideration, and(b) the amount of any government subsidy or similar payment is not to be deducted from the relevant value or cost of the water management works, and(c) consideration is to be given to any guidelines issued for the time being for the purposes of this section by the Minister.(4) If a water supply authority imposes a requirement under this section on the Crown, the Crown may request the Minister for Urban Affairs and Planning to determine whether such a requirement should be imposed and, if so, in what terms.(5) The determination made by the Minister for Urban Affairs and Planning in response to such a request is final and is taken to be the determination of the water supply authority.(6) Any water management works constructed in compliance with a requirement under this section are the property of the water supply authority.
307 Granting of certificates of compliance
(1) A water supply authority must grant a certificate of compliance for development:(a) within 60 days after an application for the granting of such a certificate is made, or(b) if, within that period, the water supply authority imposes a requirement on the applicant under this Division, as soon as it is satisfied that the requirement has been complied with.(2) A water supply authority may be satisfied that a requirement under this Division has been complied with if the applicant lodges with the water supply authority such security for compliance with the requirement as the water supply authority may approve.(3) If a water supply authority fails or refuses to give a compliance certificate within the period of 60 days after an application is duly made in that regard, the applicant may appeal to the Land and Environment Court, within 12 months after the expiration of that period, against the failure or refusal.
308 Orders for purpose of service charges
(1) The Governor may, by order published in the Gazette, declare any land described in the order to be a development area for the purposes of this Part.(2) The Minister may, by order published in the Gazette, declare any land described in the order to be a drainage area, floodplain or river management area for the purposes of this Part.(3) The Minister may, by order published in the Gazette, declare any industry specified in the order to be a special industry for the purposes of this Part.(4) The Minister may, by order published in the Gazette, declare a period of 12 months to be the charging year for a water supply authority.
(1) On a water supply authority’s water main or a sewer main becoming available for connection, the water supply authority may:(a) publish in the Gazette notice of its availability, and(b) give such other notices as may be prescribed.(2) A landholder of land to which a notice under subsection (1) (a) relates becomes liable:(a) in the case of a water main, to payment of water service charges after the expiration of 21 days from publication of the notice, or(b) in the case of a sewer main, to payment of sewerage service charges after the expiration of 21 days from publication of the notice.(3) If a landholder does not make a connection to the water supply authority’s water main or sewer main before becoming liable under subsection (2), the water supply authority may make the connection at the expense of the landholder.(4) Any amount due to a water supply authority for a connection made under subsection (3) is a charge on the land connected and may be recovered as a debt owed to the water supply authority by the landholder of the land.(5) If a landholder of land fails:(a) to connect the land to a water supply authority’s water main or sewer main before becoming liable under subsection (2), or(b) to do any work that by this Part is required to be done by the landholder,the occupier of the land may make the connection or do the work and, in accordance with subsection (6), recover the cost from the landholder.(6) An amount (including interest) recoverable under subsection (5) by an occupier from a landholder may be recovered:(a) by deducting it from any rent from time to time payable to the landholder by the occupier, or(b) as a debt owed to the occupier by the landholder.(7) Any person desiring to connect premises with a water supply authority’s water main or sewer main may (subject to such conditions as may be imposed by law) open up the surface and soil of any road or way, public or private, or any footpath or public reserve to the extent required to make the connection.(8) Nothing in this section requires a water supply authority to allow a person to connect premises with the water supply authority’s water main or sewer main.
310 Authority may levy service charges and impose fees and other charges
(1) A water supply authority may, in accordance with this Part, levy the following service charges on land within its area of operations:(a) water service charges,(b) sewerage service charges,(c) drainage service charges,(d) loan service charges,(e) developmental works service charges,(f) flood mitigation service charges,(g) river management service charges,(h) special industry service charges.(2) A water supply authority may, in accordance with the regulations, impose fees and charges for any service or thing supplied or provided by it in the exercise of its functions under this Part.(3) Without limiting subsection (2), a water supply authority may impose fees and charges with respect to discharges into its sewerage system.
311 Land in respect of which a water supply authority may levy service charges
(1) A water supply authority may only levy water service charges on land:(a) to which water is supplied, or(b) to which, in the opinion of the water supply authority, it is reasonably practicable for water to be supplied,from one of the water supply authority’s water mains.(2) A water supply authority may only levy sewerage service charges on land:(a) from which sewage is discharged, or(b) from which, in the opinion of the water supply authority, it is reasonably practicable for sewage to be discharged,into one of the water supply authority’s sewer mains.(3) A water supply authority may only levy drainage service charges on land that is within a drainage area.(4) A water supply authority may only levy developmental works service charges on land within a development area.(5) A water supply authority may only levy flood mitigation service charges on land within a floodplain.(6) A water supply authority may only levy river management service charges on land within a river management area.(7) A water supply authority may only levy special industry service charges on land on which a special industry is conducted.
312 Certain land exempt from service charges
(1) A water supply authority may not levy service charges in respect of the lands described in Schedule 4.(2) Subsection (1) does not apply to the following land:(a) land that is within a public reserve or park that is the subject of a lease, licence or other authority under which a person carries on a trade or business,(b) land that is vested in the Crown or a public body leased to any person for private purposes,(c) land that is used or occupied by the Crown in connection with an undertaking declared by the Governor by proclamation published in the Gazette to be an industrial undertaking for the purposes of this section.
(1) The regulations must specify the factor or factors according to which a water supply authority may classify land for the purpose of levying service charges.(2) Without limiting the generality of subsection (1), the regulations may specify that a water supply authority may classify land according to any one or more of the following factors:(a) the purpose for which the land is actually being used,(b) the intensity with which the land is being used for that purpose,(c) the purposes for which the land is capable of being used,(d) the nature and extent of the water or sewerage services connected to the land.(3) For the purposes of subsection (2) (c), land is not capable of being used for a purpose if the use of the land for that purpose would be in contravention of:(a) the Environmental Planning and Assessment Act 1979, or(b) any environmental planning instrument in force under that Act, or(c) any other Act or law relating to the use of land.
314 Basis of levying service charges
The regulations must specify the basis or bases according to which a water supply authority may levy service charges.
315 Determinations by water supply authority
(1) Not later than 1 month before the beginning of each charging year a water supply authority must, in accordance with the regulations, determine the following matters for that charging year:(a) the amount of money that it proposes to raise by way of service charges levied on land within its area of operations,(b) the factor or factors according to which land within its area of operations is to be classified for the purposes of levying service charges,(c) the basis or bases according to which service charges are to be levied,(d) the rate at which service charges are to be levied on, or the maximum or minimum service charges that are to be applicable to, land within its area of operations.(2) In making a determination under this section, a water supply authority may have regard to the following:(a) its estimation of the degree of benefit that accrues to land in respect of each service for which a charge is to be levied,(b) its estimation of the degree to which each service is or may be used in relation to land in respect of which a charge is to be levied,(c) its estimation of the cost involved in the construction, maintenance and operation of each service for which a charge is to be levied,(d) such other matters as it considers relevant to the levying of charges for each such service.(3) A determination under this section:(a) is required to be approved by the Minister and does not have effect unless it is so approved, and(b) must be published in the Gazette before the commencement of the charging year to which it relates, and(c) takes effect on the commencement of the charging year to which it relates.(4) A determination does not fail merely because it is not published in the Gazette before the commencement of the charging year to which it relates but, in that event, no person is liable for payment of the service charges to which the determination relates until the determination is published in the Gazette.(5) A service charge determined under this section is levied on publication of the determination in the Gazette.(6) If, for any reason:(a) a determination under this section is not made before the charging year to which it relates, or(b) there is any irregularity or alleged irregularity in the making of any such determination,the Governor may extend the time for making the determination (whether or not that time has expired) and may authorise the water supply authority concerned to do anything necessary to cure any irregularity and to make a valid determination.
316 Assessment of service charges
(1) A water supply authority:(a) must classify each parcel of land within its area of operations in respect of which a service charge is to be levied, and(b) must assess the service charges payable for each such parcel of land,in accordance with its determination under this Division.(2) After it makes an assessment under this section, a water supply authority must, in accordance with the regulations, cause a notice to be served on the landholder of each parcel of land in respect of which a service charge has been levied.(3) Such a notice must include information as to the following:(a) the factor or factors according to which the parcel of land has been classified for the purposes of the levying of service charges,(b) the basis or bases according to which service charges have been levied in respect of the parcel of land,(c) if service charges have been levied on the basis of the value of the parcel of land, the value of the parcel on which those service charges have been levied,(d) the rate at which service charges have been levied on, or the maximum or minimum service charges that are applicable to, the parcel of land,(e) the amounts payable in respect of each service charge that has been levied in respect of the parcel of land.(4) On service of such a notice, the landholder of the land to which the notice relates becomes liable for payment of the service charges specified in the notice.
317 Re-assessment of service charges
(1) This section applies to any land in respect of which a service charge has been levied on the basis of the value of the land.(2) If a water supply authority becomes aware that the value (as calculated in accordance with this Division) of any parcel of land in respect of which it has levied a service charge for any charging year differs from the value (as so calculated) as at the date on which the service charge was originally assessed, the water supply authority may re-assess the service charge on the basis of the different value.(3) A service charge may only be re-assessed as from the date from which the revised calculation of the value of the land has effect.(4) After it makes a re-assessment under this section, a water supply authority must, in accordance with the regulations, cause a notice to be served on the landholder of the parcel of land in respect of which the re-assessment has been made.(5) Such a notice must specify:(a) the revised calculation of the value of the land, and(b) the date from which the revised calculation of the value of the land has effect, and(c) the revised assessment of the amounts payable in respect of each service charge that has been levied on that land.(6) On service of such a notice, the service charges for which the landholder of the land to which the notice relates is liable are varied in accordance with the terms of the notice.
318 Acquisition and divesting of land
(1) A water supply authority may acquire land (or an interest in land) for the purposes of this Part by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.(2) For the purposes of the Public Works Act 1912, any such acquisition of land is taken to be for an authorised work and the water supply authority is, in relation to that authorised work, taken to be the Constructing Authority.(3) Part 3 of the Public Works Act 1912 does not apply in respect of works constructed under this Part.(4) With the consent of the local council concerned, the Governor may, by proclamation published in the Gazette, vest in a local council the estate or interest of a water supply authority in any land on which is situated a work of the water supply authority (whether wholly or partly completed).
318A Exposure of underground pipes
A person must not, except in an emergency or with lawful excuse, open any ground so as to expose a water supply authority’s pipe or other work unless the person has given the water supply authority at least 2 days’ written notice of his or her intention to do so.Tier 2 penalty.
A person must not do any kind of plumbing work unless the person:(a) holds an endorsed contractor licence or a supervisor certificate under the Home Building Act 1989 that authorises the holder to do that kind of work, or(b) does the work under the immediate supervision of the holder of such a licence or certificate, or(c) holds a tradesperson certificate under the Home Building Act 1989 that authorises the holder to do that kind of work under supervision, and does the work under the general supervision of the holder of a licence or certificate referred to in paragraph (a).Tier 3 penalty.
319 Compensation for interference or damage
(1) If:(a) a person does, or causes to be done, any work that interferes with, or damages, any property of a water supply authority, and(b) there was reasonable cause to believe that the interference or damage would result from the doing of the work,the person is liable to compensate the water supply authority for the interference or damage.(2) A water supply authority is not entitled to compensation both under this section and another provision of this Part for the same interference or damage.
(1) The Minister may appoint a person to investigate and review the efficiency of a water supply authority in exercising its functions.(2) A water supply authority must bear the costs of an investigation and review under this section that is requested by it.(3) This section does not apply to a water supply authority listed in Part 3 of Schedule 3.
321 Appointment of administrator
(1) If a water supply authority refuses or fails to comply with a direction or requirement given or made by the Minister in relation to this Part, the Minister may, by order published in the Gazette:(a) in the case of a water supply authority listed in Part 1 of Schedule 3, appoint an administrator to exercise all the functions, or specified functions, of the water supply authority, or(b) in the case of a statutory body listed in Part 2 of Schedule 3, with the consent of the Minister administering the Act by which the statutory body is constituted, appoint an administrator to exercise all the functions, or specified functions, of the water supply authority under this Part.(2) An administrator has, during his or her term of office and to the exclusion of the water supply authority, the functions the administrator was appointed to exercise.(3) Regulations may be made for or with respect to:(a) the accommodation (if any) to be provided at the offices of a water supply authority for the administrator and his or her assistants, and(b) requiring the employees of a water supply authority to assist, and to refrain from obstructing, the administrator in the exercise of his or her functions.(4) This section does not apply to a water supply authority listed in Part 3 of Schedule 3.
(1) The regulations may make provision for or with respect to the following matters:(a) fees and charges, including charges for the supply of water,(b) the imposition of water use restrictions,(c) (Repealed)(d) the carrying out of plumbing work,(e) the planning and management of water supply, sewerage and drainage systems,(f) the design and construction of water supply, sewerage and drainage systems,(g) the establishment and enforcement of customer service standards,(h) the regulation and prohibition of discharges into sewerage and drainage systems,(i) the waiver, reduction, deferral and refund of fees, service charges and other charges,(j) the control and management of special areas.(2) A regulation made for or with respect to a special area prevails to the extent of any inconsistency with a statutory instrument made under another Act, other than a SEPP made under the Environmental Planning and Assessment Act 1979.