Local Government and Metropolitan Water, Sewerage, and Drainage (Amendment) Act 1963 (NSW)
| LOCAL | GOVERNMENT | AND | METROPOLITAN |
WATER, SEWERAGE, AND DRAINAGE (AMENDMENT) ACT.
Act No. 47, 1963.
An Act to prohibit the subdivision of land within the area of operations of the Metropolitan Water Sewerage and Drainage Board unless certain requirements have been complied with; to confer on the said Board certain powers relating to agreements for the construction of water and sewer mains and ancillary works; for these purposes to amend the Local Government Act,
Metropolitan Water, Sewerage, and Drainage Act, 1924, as amended by subsequent Acts; and for purposes connected therewith. [Assented to, 13th December, 1963.] BE 1919, as amended by subsequent Acts, and the
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: — 1. (1) This Act may be cited as the "Local Government
and Metropolitan Water, Sewerage, and Drainage (Amend
ment) Act, 1963".(2) The Metropolitan Water, Sewerage, and Drainage Act, 1924, as amended by subsequent Acts and by this Act, may be cited as the Metropolitan Water, Sewerage, and Drainage Act, 1924-1963.
(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
2. The Local Government Act, 1919, as amended by subsequent Acts, is amended—
(a) (i) by inserting in paragraph (d) of subsection one of section three hundred and twenty- seven after the words "complied with" the words "and, in the case of a subdivision of land that provides for the opening of a public
the area of operations, within the meaning road, such land being within, or partly within, of the Metropolitan Water, Sewerage, and Drainage Act, 1924, as amended by subse quent Acts, of the Metropolitan Water Sewerage and Drainage Board, has certified, or is deemed to have certified, that the require ments, relating to the plan of subdivision, of section 34B of the Metropolitan Water, Sewerage, and Drainage Act, 1924, as amended by subsequent Acts, have been complied with";
(ii)
(ii) by inserting in paragraph (b) of subsection two of the same section after the words "com plied with" the words "and, where the land comprised in the plan of subdivision is with in, or partly within, the area of operations, within the meaning of the Metropolitan Water, Sewerage, and Drainage Act, 1924, as amended by subsequent Acts, of the Metro politan Water Sewerage and Drainage Board, has certified, or is deemed to have certified, that the requirements, relating to the plan of subdivision, of section 34B of the Metro politan Water, Sewerage, and Drainage Act, 1924, as amended by subsequent Acts, have been complied with";
(b)
by inserting next after section three hundred and thirty-one the following new section : —
331A . (1) Where—
(a)
the council approves, or approves subject to conditions, of an application under this Division (other than an application relating only to the opening of a public road) in respect of land which is, or part of which is, within the area of operations, within the meaning of the Metropolitan Water, Sewer age, and Drainage Act, 1924, as amended by subsequent Acts, of the Metropolitan
Water Sewerage and Drainage Board; or (b) an award, other than an award disallowing the decision or all of the decisions appealed from, as the case may be, has been made under subsection one of section 341L of this Act by the Board of Subdivision Appeals in respect of any such land, the council shall as soon as practicable after the approval was given or the award was made forward to the Metropolitan Water Sewerage and Drainage Board a copy of the plan of subdivision, together
with
with a copy of any conditions subject to which the council approved of the application and a copy of any such award relating to the application.
(2) The council shall cause to be endorsed on every notice of its decision given under subsection three of section three hundred and thirty- one of this Act (other than a notice that the appli cation has been disapproved) a statement that the land may not be subdivided until a certificate has been obtained from the Metropolitan Water Sewerage and Drainage Board that the applicant has complied with the requirements, relating to the plan of subdivision, of section 34B of the Metropolitan Water, Sewerage, and Drainage Act, 1924, as amended by subsequent Acts.
(3) (a) The town or shire clerk shall not give a certificate under paragraph (d) of subsection one, or paragraph (b) of subsection two, of section three hundred and twenty-seven of this Act in relation to any land within, or partly within, the area of operations, within the meaning of the Metropolitan Water, Sewerage, and Drainage Act, 1924, as amended by subsequent Acts, of the Metropolitan Water Sewerage and Drainage Board unless there has been lodged with him a certificate, relating to the plan of subdivision of such land, issued under section 34B of the Metropolitan Water, Sewerage, and Drainage Act, 1924, as
amended by subsequent Acts. (b) Where the council has, before the commencement of the Local Government and Metropolitan Water, Sewerage, and Drainage (Amendment) Act, 1963, approved, or approved subject to conditions, of a plan of subdivision and the town or shire clerk has not, at such commence ment, given his certificate in respect of such plan of subdivision under paragraph (d) of subsection one, or paragraph (b) of subsection two, of section
three
three hundred and twenty-seven of this Act, the town or shire clerk, as the case may be, in giving such certificate shall also certify that the plan was approved, or approved subject to conditions, as the case may be, before such commencement, and, where the town or shire clerk so certifies, he shall be deemed to have certified, for the purposes of the said paragraphs (d) and (b) , that the requirements, relating to the plan of subdivision, of section 34B of the Metropolitan Water, Sewerage, and Drainage Act, 1924, as amended by subsequent Acts, have been complied with.
(c) Where the town or shire clerk has in relation to any plan of subdivision given a certificate under paragraph (d) of subsection one, or paragraph (b) of subsection two, of section three hundred and twenty-seven of this Act and such cer- tificate bears a date which is before the commence ment of the Local Government and Metropolitan Water, Sewerage, and Drainage (Amendment) Act, 1963, the town or shire clerk, as the case may be, shall be deemed to have certified, for the purposes of the said paragraphs (d) and (b) , that the requirements, relating to the plan of sub division, of section 34B of the Metropolitan Water, Sewerage, and Drainage Act, 1924, as amended by subsequent Acts, have been complied with.
| 3. The Metropolitan Water, Sewerage, and Drainage Act, 1924, as amended by subsequent Acts, is amended by insert ing next after section thirty-four the following new sections : — |
34A . (1) The board may enter into an agreement under this section with the owner of any land within the area of operations of the board, or with any person authorised to enter into an agreement on his behalf, providing for the construction of either a water or sewer main, or both, and such ancillary works as may be specified in the agreement, to serve the land of such owner specified in the agreement, either alone or together
with other lands. Any Any main or ancillary works constructed pursuant to any such agreement shall be a main and ancillary works of the board.
(2) The board shall not enter into an agree ment under this section for the construction of a water or sewer main, or both, and any necessary ancillary works, unless the State Planning Authority of New South Wales has issued to it a certificate in writing that in the opinion of the State Planning Authority of New South Wales the land of the owner referred to in the proposed agreement should not be subdivided unless the water or sewer main, or both, as the case may be, and any necessary ancillary works, is or are constructed to serve such land or any part thereof, either alone or together with other lands.
(3) Any agreement under this section may make
provision for—
(a)
the payment to the board by the owner of such land, or person so authorised, of the whole of the cost of the construction of the main or mains and ancillary works or such part thereof as the board considers reasonable to be paid in respect of such land, having regard to the benefit of such main or mains and works to the land of such owner specified in the agreement and to any other lands that
will be, in the opinion of the board, capable of being served by such main or mains and works; (b) the amount to be advanced to the board by such owner or person towards any remaining part of the cost of construction of such main or mains and works; (c) the repayment to such owner or person by the board of the whole, or such part as may be agreed upon, of the advance referred to in paraeraph (b) of this subsection;
(d)
(d)
security to be lodged with the board in lieu of any payment or advance referred to in para graph (a) or (b) of this subsection; and
(e) such other matters as may be agreed upon.
(4) It shall not be necessary for the Governor's approval to be given to any advance referred to in para graph (b) of subsection three of this section.
34B . (1) Where an application for approval to sub divide any land within, or partly within, the area of operations of the board has been approved, or approved subject to conditions, under the Local Government Act, 1919, as amended by subsequent Acts, by the council of the area in which the land is situated, or an award, other than an award disallowing the decision or all of the decisions appealed from, as the case may be, has been made under subsection one of section 341L of that Act, as so amended, by the Board of Subdivision Appeals in respect of any such land, the applicant to whom any such approval was given or in whose favour any such award was made may—
(a) lodge a copy of the plan of subdivision with the board; and (b) apply to the board for a certificate under this section certifying that the applicant has com plied with the requirements, relating to the
plan of subdivision, of this section. (2) Where a copy of any plan of subdivision is lodged with, and an application is made to, the board in accordance with the provisions of subsection one of this section, the board may—
(a)
if it does not propose to serve upon the appli cant a notice under paragraph (b) or (c) of this subsection, issue to the applicant a certi ficate that the applicant has complied with the requirements, relating to the plan of sub division, of this section;
(b)
(b)
where any main constructed, or to be con structed, pursuant to an agreement under section 34A of this Act is, or after its construc tion will be, available to be connected to and of adequate capacity to serve such land or any part thereof (whether with or without the construction of any additional mains), and the application is made within fifteen years after the date of the agreement, serve a notice upon the applicant requiring him to do such one or more of the following things as is or are specified in the notice, that is to say—
(i) to pay to the board such amount, specified in the notice, as is assessed by the board as being a reasonable proportion of the cost of the construc tion of the main and any ancillary works constructed, or to be con structed, pursuant to the agreement, having regard to the benefit of such main and works to the land referred to in the application;
(ii) to enter into an agreement with the board under section 34A of this Act providing for the construction of any additional main or works which is or are capable of serving only such land;
(iii) to enter into an agreement with the
board under section 34A of this Act providing for the construc tion of any additional main or works which is or are capable of serv ing other lands as well as the land referred to in the application; or (c)
where the land is not land in respect of which the board is entitled to serve a notice under paragraph (b) of this subsection, serve a notice upon the applicant requiring him to
enter
enter into an agreement under section 34A of this Act providing for the construction of a water or sewer main, or both, and any necessary ancillary works.
(3) Where the board has served a notice under paragraph (b) or (c) of subsection two of this section and the board is satisfied that the requirements of the notice have been complied with, the board shall issue to the applicant therefor a certificate that the applicant has complied with the requirements, relating to the plan of subdivision, of this section.
(4) If within the prescribed period a certificate under paragraph (a) of subsection two of this section has not been issued to, and a notice under paragraph (b) or (c) of the said subsection two has not been served upon, the applicant for a certificate under this section, the board shall upon the request of the applicant issue to the applicant a certificate that the applicant has com plied with the requirements, relating to the plan of subdivision, of this section.
In this subsection "prescribed period" means a period of sixty days after the lodgment under subsection two of this section with the board of the copy of the plan of subdivision, or such longer period as may have been approved in a particular case by the Minister, and notified in writing to the applicant, within the said period of sixty days.
(5) (a) The board shall not serve a notice
under subparagraph (ii) or (iii) of paragraph (b) , or under paragraph (c) , of subsection two of this section requiring the applicant for a certificate under this section to enter into an agreement under section 34A of this Act for the construction of a water or sewer main, or both, or any ancillary works, to serve any land unless—
(i) it has referred to the State Planning Authority of New South Wales a copy of the plan of subdivision in relation to which the applicant has applied for such certificate; and
(ii)
(ii) that Authority has issued to the board a certificate under subsection two of section
34A of this Act in respect of the construction
of the water or sewer main, or both, as the
case may be, and ancillary works.
(b) The State Planning Authority of New
South Wales shall within twenty days after a copy of a
plan of subdivision is referred to it by the board, either—(i) inform the board that it does not propose to issue in relation to the land comprised in such plan a certificate under subsection two of section 34A of this Act; or
(ii) issue such a certificate in respect of the con struction of a water or sewer main, or both, and any necessary ancillary works, to serve such land or any part thereof, either alone or together with other lands.
(6) Any requirement of any notice under sub paragraph (i) of paragraph (b) of subsection two of this section shall be deemed to have been complied with if security, in such form as the board considers satis factory, for the payment of the amount required to be paid under the notice has been lodged with the board.
(7) Any notice that may be served by the board
upon an applicant for a certificate under this sectionrelating to any land may be served upon such applicant
as if he were the owner of such land and the notice were required to be served by the board upon him.
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