Local Government Act 1993 No 30
Current version for 14 May 2020 to date (accessed 7 June 2020 at 20:25)
Chapter 6 Part 3 Division 2
Division 2 Water supply, sewerage and stormwater drainage works and facilities
56   Application of Division
(1)  The provisions of this Division relating to water supply and sewerage (but not stormwater drainage) do not apply to—
(a)  land within the area of operations of the Sydney Water Board under the Sydney Water Act 1994, or
(b)  land within the area of operations of the Hunter Water Board under the Hunter Water Act 1991.
(2)  The provisions of this Division (sections 57, 58 and 59 excepted) relating to water supply and sewerage (but not stormwater drainage) do not apply to land within the area of operations of a water supply authority constituted under the Water Management Act 2000.
57   Construction of works
(1)  The Minister for Primary Industries may, on the application of one or more councils, construct works of water supply, sewerage or stormwater drainage under the Public Works Act 1912.
(2)  The Minister for Primary Industries may agree to the construction of the works by the council or councils concerned on the Minister’s behalf.
58   Handing over of works
(1)  The Minister for Primary Industries may, on or before the completion of any such works, by notice given to the council or councils concerned, charge the council or councils with the care and management of the whole or part of the works (and of land on which the works are, or are being, constructed).
(2)  The notice may include provisions relating to the responsibility of the council or councils concerned for financial costs associated with the works.
(3)  The notice has effect according to its tenor from the date the notice is given to the council or councils concerned.
(4)  If more than one council is charged with the care and management of works, each council may be charged with the care and management of a specified portion of the works or the councils may be charged jointly as to the whole or a specified portion.
59   Vesting of works
(1)  The Minister for Primary Industries may, by notice published in the Gazette, do either or both of the following—
(a)  declare that land acquired for the purposes of any such works, or any part of the works, is vested in the council or councils,
(b)  declare that all right, title and interest of the Minister in any such works, or part of the works, are vested in the council or councils.
(2)  The notice has effect according to its tenor from the date the notice is published in the Gazette.
(3)  If, on the date on which a notice under this section is published in the Gazette, the council or councils concerned have not made all payments to the Minister that may finally be required to be made in respect of the cost of the acquisition of the land and of constructing the works, or part of the works (whether or not that cost has been finally determined), the council or councils concerned continue to be liable to make those payments.
59A   Ownership of water supply, sewerage and stormwater drainage works
(1)  Subject to this Division, a council is the owner of all works of water supply, sewerage and stormwater drainage installed in or on land by the council (whether or not the land is owned by the council).
(2)  A council may 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 to ensure that, in the opinion of the council, the works are used in an efficient manner for the purposes for which the works were installed.
(3)  The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.
60   Ministerial approval required for certain council works
A council must not, except in accordance with the approval of the Minister for Primary Industries, do any of the following—
(a)    (Repealed)
(b)  as to water treatment works—construct or extend any such works,
(c)  as to sewage—provide for sewage from its area to be discharged, treated or supplied to any person,
(d)    (Repealed)
Note.
 Approval is required under Part 3 of Chapter 3 of the Water Management Act 2000 for the construction or use by a council of water supply works or flood works within the meaning of that Act.
61   Ministerial directions concerning certain works
(1)  The Minister for Primary Industries or a person authorised by the Minister may direct a council to take such measures as are specified in the direction to ensure the proper safety, maintenance and working of any of the following works—
(a)    (Repealed)
(b)  water treatment works,
(c)  sewage treatment works.
Note.
 Under section 19 of the Dams Safety Act 2015, Dams Safety NSW may direct a council (as the owner of a declared dam within the meaning of that Act) to take measures to ensure the safety and proper maintenance of the dam.
(2)  The council must comply with the direction.
62   Ministerial powers during emergencies
(1)  The Minister for Primary Industries or a person authorised by the Minister may direct a council to take such measures with respect to any works to which this Division applies as are specified in the direction if the Minister or person is of the opinion that an emergency exists that constitutes a threat to public health or public safety or that is causing or is likely to cause damage to property.
(2)  A direction may not be given unless the Minister for Primary Industries has obtained the concurrence of the Minister for Health.
(3)  The council must comply with the direction.
(4)  A direction under this section may not be given to a council in respect of a dam.
Note.
 Under section 21(5) of the Dams Safety Act 2015, Dams Safety NSW may direct a council (as the owner of a declared dam within the meaning of that Act) to take measures with respect to the dam during the period that an emergency order under that section is in force.
63   Effect of failure to comply with directions
(1)  If a council does not comply with a direction under section 61 or 62 within a reasonable time after notice requiring compliance with the direction is given to it by the Minister for Primary Industries or the person authorised by the Minister, the Minister may do all such things as may be necessary to give effect to the direction.
(2)  The Minister may recover any cost incurred from the council as a debt.
64   Construction of works for developers
Division 5 of Part 2 of Chapter 6 of the Water Management Act 2000 applies to a council exercising functions under this Division in the same way as it applies to a water supply authority exercising functions under that Act.
65   Powers of Minister for Primary Industries—entry on to land and other powers
Part 2 of Chapter 8 applies, in relation to works of water supply and sewerage to which this Division applies, to the Minister for Primary Industries and a person authorised by the Minister in the same way as it applies to a council and a council employee (or other person) authorised by the council.
66   Appointment of administrator
(1)  The Minister for Primary Industries (the appointing Minister) may, with the concurrence of the Minister for Local Government, by order published in the Gazette, appoint an administrator to exercise all the functions under this Division, or specified functions under this Act, of a council.
(1A)  If more than one administrator is appointed, each administrator has the functions of the council specified in the instrument of appointment.
(2)  Such an order may not be made until after a public inquiry concerning the exercise by the council of the relevant functions has been held.
(3)  The appointment of one or more persons as a commissioner or commissioners to hold the public inquiry may, despite Part 8 of Chapter 13, be made by the Minister for Primary Industries with the concurrence of the Minister for Local Government.
(4)  An administrator is to be paid a salary determined by the appointing Minister, with the concurrence of the Minister for Local Government, from the council’s funds.
(5)  An administrator has, during the administrator’s term of office and to the exclusion of the council, the functions the administrator was appointed to exercise.
(5A)  If more than one administrator is appointed for a council, the appointing Minister may give directions for the purpose of resolving any issues that arise as a result of there being more than one administrator.
(6)  The regulations may make provision for or with respect to—
  the appointment and term of office of an administrator
  an administrator’s accommodation, and the accommodation of persons assisting the administrator, at the offices of the council
  the assistance to be rendered to an administrator by the council’s employees.