Water Supply Authorities (Amendment) Act 1988 (NSW)

WATER SUPPLY AUTHORITIES (AMENDMENT) ACT

1988 No. 121

NEW SOUTH WALES

TABLE OE PROVISIONS

]. Short title

2. Commencement

3, Amendment of Water Supply Authorities Act 1987 No. 140

SCHEDULE I—AMENDMENTS RELATING TO THE HUNTER WATER BOARD

SCHEDULE 2—MISCELLANEOUS AMENDMENTS

W ATER SU PPL Y A UTH O RITIES (A M E N D M E N T ) ACT 1988 No. 121

NEW SOUTH WALES

Act No. 121, 1988

An Act to amend the Water Supply Authorities Act 1987 as a consequence of the enactment of the Hunter Water Board Act 1988; and for other purposes. [Assented to 21 December 1988]

IVater Supp/y Authorities (Amendment) 1988

The Legislature of New South Wales enacts:

Short title

1 .     This Act may be cited as the Water Supply Authorities (Amendment)

Act 1988.

Commencement

2. This Act commences on a day or days to be appointed by

proclamation.

Amendment of Water Supply Authorities Act 1987 No. 140

3. The Water Supply Authorities Act 1987 is amended as set out in

Schedules 1 and 2,

SCHEDULE 1—AMENDMENTS RELATING TO THE HUNTER

WATER BOARD

(Sec. 3)

(1) Section 8 (Schedules relating to Authorities)—

(a) Omit section 8(1).

(b) From section 8 (5), omit “2-4”, insert instead “3 and 4” .

(2) Schedule 1 (Water Supply Authorities)—

From Part 1, omit “Hunter District Water Board”,

(3) Schedule 2 (Hunter District Water Board)—

Omit the Schedule,

SCHEDULE 2—MISCELLANEOUS AMENDMENTS

(Sec. 3)

(1) Section 3 (Definitions)—

Section 3(1), definition of “statutory body”— or the Associations Incorporation Act 1984)” .

(2) Section 15 (Entry on land to read meters or carry out works)—

After section 15 (1), insert:

(1a) The power conferred by this section is sufficient authority for an employee or authorised person to enter and occupy land or any part of a building (except an enclosed part occupied as a separate dwelling) in the exercise of an Authority’s functions during daylight for the purpose of—

(a) reading a meter; or

3   Act No. 121

Water Supply Authorities (Amendment) 1988

SCHEDULE 2—MISCELLANEOUS AMENDMENTS—

(b) ascertaining whether trade waste is present or is being (or has recently been) discharged to a work of the Board; or

(c) making a valuation,

unless the employee or authorised person is refused access by the

lawful occupier of the land.

(3) Section 16 (Entry on land for inspections)—

Section 16 (3) (b)—

Omit “a prescribed employee”, insert instead “the Authority”.

(4) Section 1 7 (Power to break up roads)—

Section 17 (1)— to persons likely to be affected”.

(5) Section 20 (Finding source of pollution of water supply)—

Omit section 20 (1), insert instead:

(1) If water supplied by an Authority is being polluted, the

Authority may, after having given reasonable notice to persons likely to be affected by its action, dig up the ground and try to find the source of the pollution.

(6) Section 24 (Definitions)—

Definition of “approval to which this Division applies”—

Omit the definition, insert instead:

“approval to which this Division applies” means—

(a)	an approval under Part 11 of the Local Government Act 1919 for the erection of a building; or
(b)	an approval under Part 12 of the Local Government Act 1919 for the subdivision of land; or
(c)	a development consent under Part 4 of the Environmental Planning and Assessment Act 1979;

(7) Section 29 (Connections)—

Omit section 29 (7), insert instead:

(7) Any person desiring to connect premises with a main for

the purposes of this section 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.

Wafer Supp/y Authorities (Amendment) 1988

SCHEDULE 2—MISCELLANEOUS AMENDMENTS—

(8) Section 30 (Authority may levy service charges and impose fees and

other charges)—

Section 30 (2)—

Omit “the goods and services” , insert instead “any service or thing”,

(9) Section 34 (Determinations by Authority)—

(a) Omit section 34 (3) (a), insert instead:

(a) is required to be approved by the Minister and does not have effect unless it is so approved; and

(b) After section 34 (5), insert:

(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 Authority concerned to do anything necessary to cure any irregularity and to make a valid determination.

(10) Section 37 (Certain charges to be a charge on land)—

At the end of section 37, insert:

(2) A charge imposed under section 30 (2) for a service or thing

supplied or provided in connection with the occupation of land

is a charge on the land.

(II) Section 40 (Sale of land for unpaid amounts)—

After section 40 (2), insert:

(3) This section does not apply—

(a) to a service charge incurred before 3 July 1987; or

(b) to any other kind of chai^ge incurred before the commencement of this subsection.

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Water Supply Authorities (Amendment) 1988

SCHEDULE 2—MISCELLANEOUS AMENDMENTS—

(12) Section 41 (Certificate as to amount due)—

Omit section 41 (1), insert instead:

(1) An Authority shall, upon written application being made to it and payment of the fee determined by the Authority, issue to the applicant a certificate—

(a) containing particulars of any amounts payable to the Authority in respect of a parcel of separately assessed land; or

(b) to the effect that there are no such amounts.

(13) Section 48 (Work done by unlicensed person)—

Section 48 (b), (c)—

At the end of section 48 (b), insert:

(c) holds a certificate of registration in force under the Plumbers, Gasfitters and Drainers Act 1979 authorising the holder to do that kind of work.

(14) Section 55 (Appropriation or resumption, or divesting, of land)—

(a)

Section 55 (3)—

After “o f ’, insert “an appropriation or resumption under” .

(b)

Section 55 (4)—

After section 55 (3), insert:

(4) With the consent of the council concerned, the Governor

may, by proclamation published in the Gazette, vest in a council the estate or interest of an Authority in any land on which is situated a work of the Authority (whether wholly or partly completed).

(15) Section 66 (Regulations)—

(a) Section 66 (2) (a)—

After “other charges”, insert	including charges for the
abstraction or use of water” .

(b)

Section 66 (2) (c)— subsection (3)) creating offences relating to the contamination or pollution of water, whether or not while the water is being supplied or used”.

IVater Supply Authorities (Amendment) 1988

SCHEDULE 2—MISCELLANEOUS AMENDMENTS—

(c)

Section 66 (2) (d)— abstracting, using, polluting or contaminating waters within special areas” .

{Minister's second reading speech made in—

Legislative Assembly on 29 November 1988

Legislative Council on 6 December 1988\