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HUNTER WATER ACT 1991


- As at 1 March 2024 
- Act 53 of 1991 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - HUNTER WATER CORPORATION

   4.      Establishment of Corporation as a statutory SOC
   4A.     Functions of Corporation
   4B.     Board of Corporation
   4C.     Role of certain Ministers

   PART 3 - TRANSFER OF ASSETS, RIGHTS AND LIABILITIES

   5.      Direction to transfer business undertaking
   6.      Excluded undertakings
   7.      Transfer of other assets, rights or liabilities

   PART 4 - DISSOLUTION OF HUNTER WATER BOARD

   8.      Repeal of Hunter Water Board Act 1988 No 119
   9.      Dissolution of Hunter Water Board
   10.     Members of Hunter Water Board to vacate office
   11.     Corporation to be same legal entity as Hunter Water Board

   PART 5 - PROVISIONS APPLYING TO THE CORPORATION

           Division 1 - Operating licence

   12.     Grant of operating licence
   13.     Terms and conditions of operating licence
   14.     Amendment of operating licence
   15.     Term of operating licence
   16.     Area covered by operating licence
   17.     Contravention of operating licence
   17A.    Contravention of operating licence: action by Tribunal
   17B.    Administrative review of certain decisions of Tribunal concerning operating licence
   18.     Cancellation of operating licence

           Division 1A - Regulatory functions of Tribunal

   18A.    Regulatory functions of Tribunal

           Division 1B - Licence auditing functions of Tribunal

   18B.    Licence auditing functions of Tribunal
   18C.    Operational audits
   18D.    Cost of audit

           Division 2 - Provisions relating to works

   19.     Ownership of works
   20.     Entry on to land
   21.     Exercise of powers of entry
   22.     Compensation
   23.     Power to open roads
   24.     Altering position of conduit
   25.     Interference with works
   26.     Compensation to Corporation for damage
   27.     Interference with works by trees
   28.     Corporation not liable to pay annual charge on pipes etc

           Division 3 - Compulsory acquisition of land

   29.     Acquisition of land for purposes of this Act

           Division 4 - Offences

   30.     Illegal diversion of water
   30A.    Unauthorised connections, alterations or use of works
   31.     Offence to discharge into works
   31A.    Penalty notices
   32.     Payment of penalty does not affect other proceedings
   33.     Persons causing offences
   34.     Disposal of proceedings for offence

           Division 5 - Customer contracts

   35.     Publication of terms and conditions of customer contracts
   36.     Owner of land taken to have entered into customer contract
   37.     Division not to apply to certain contracts
   38.     Terms and conditions of customer contracts may be varied on 6 months' notice

           Division 6 - Contract charges, availability charges, environmental levies and rates

   39.     Operating licence may specify basis for fixing contract charges, availability charges, environmental levies and rates
   40.     Successor in title liable for unpaid contract charges
   41.     Occupier may pay, and recover, charges etc in certain cases
   42.     Certain contract and service charges of Corporation not charge on land
   43.     Availability charges charge on land to which main available for connection
   44.     Transitional provisions: survival of unpaid amounts and amounts charged on land at transfer of business undertaking
   45.     Environmental levy charge on unserviced land
   46.     Rates on land within declared drainage areas charge on land
   47.     Certificate as to amounts due

           Division 7 - New developments

   48.     Definitions
   49.     Application for compliance certificate
   50.     Issue of compliance certificate
   51.     Consent authority to notify Corporation of certain applications etc

           Division 8 - Catchment areas and other special areas

   52.     Secretary of Department of Planning, Industry and Environment to have control of special areas
   53.     Special areas
   54.     Crown land in special areas
   55.     Exercise of functions by public bodies in special areas
   56.     Secretary to notify Corporation of certain proposals etc
   57.     Regulations concerning special areas
   58.     Continuation of previous regulation concerning special areas
   59.     Secretary to pay charges etc collected for abstraction of certain water to Corporation
   60.     Corporation etc may exercise Secretary's powers

           Division 9 - Other matters

   61.     Disposal of waste products
   62.     Corporation in position of public authority in relation to drainage service

   PART 6 - MISCELLANEOUS

   63.     Ministerial Corporation
   64.     Alteration of names
   64A.    Ministerial directions in the public interest
   65.     Provisions relating to certain staff
   66.     Provisions relating to subsidiaries
   67.     Regulations may authorise or exempt for purposes of Competition and Consumer Act 2010 (Cth)
   68.     Act binds Crown
   69.     Work for water supply, sewerage or drainage
   70.     Regulations
   71.     (Repealed)
   72.     Transitional: commencement of amendments of certain Acts
           73, 74. (Repealed)
   75.     Savings, transitional and other provisions
           Schedule 1 (Repealed)
           SCHEDULE 2


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