Water Management Act 2000 No 92
Historical version for 1 July 2011 to 7 July 2011 (accessed 20 May 2013 at 02:18) Current version
Chapter 6Part 2Division 7

Division 7 Miscellaneous

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.

318B   Unlicensed plumbing work

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.

320   Efficiency review

(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.

322   Regulations

(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.
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