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Contents (2000 - 92)
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Water Management Act 2000 No 92
Current version for 1 July 2019 to date (accessed 18 October 2019 at 23:12)
Chapter 6 Part 2 Division 6
Division 6 Finance
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.
309   Connections
(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.
313   Classification of lands
(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:
(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.