New South Wales Consolidated Acts

SYDNEY WATER ACT 1994

- As at 1 March 2024 
- Act 88 of 1994 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3A.     (Repealed)

   PART 2 - SYDNEY WATER CORPORATION

   4.      Establishment of Corporation as a statutory SOC
   5.      Functions of Corporation
   5A.     Board of Corporation
   6.      Role of certain Ministers

   PART 3 - TRANSFER OF ASSETS, RIGHTS AND LIABILITIES

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

   PART 4 - AREA OF OPERATIONS

   10.     Area of operations
   11.     Facilitating provisions of orders

   PART 5 - OPERATING LICENCES

   12.     Grant of operating licences
   13.     (Repealed)
   14.     Terms and conditions of operating licences
   15.     Customer Councils
   16.     Amendment of operating licences
   17.     Term of operating licences
   18.     Area covered by operating licences
   19.     Contravention of operating licences
   19A.    Enforcement of operating licences: action by Tribunal
   19B.    Administrative reviews of certain decisions of Tribunal concerning operating licences
   20.     Cancellation of operating licences

   PART 6 - PROVISIONS RELATING TO THE CORPORATION

           Division 1 - Objectives of Corporation

   21.     Objectives of Corporation
   22.     Implementation of principal objectives
   23.     Pollution reduction targets
   24.     Approval of methodology for ecological risk assessment
   25.     Public display of reports on ecological risk assessments
   26.     Amendment of pollution reduction targets
   27.     Re-use of sewage effluent

           Division 1A - Regulatory functions of Tribunal

   28.     Regulatory functions of Tribunal

           Division 2 - Licence auditing functions of Tribunal

           29, 30. (Repealed)
   31.     Functions of Tribunal
   32.     Operational report
   33.     Presentation of report to Parliament
   33A.    Cost of audit

           Division 3 - Memoranda of understanding

   34.     Definitions
   35.     Corporation to enter into memoranda of understanding
   36.     Public exhibition of memoranda of understanding

           Division 4 - Provisions relating to works

   37.     Ownership of works
   38.     Entry on to land
   39.     Certificates of authority
   40.     Exercise of powers of entry
   41.     Compensation
   42.     Power to open roads
   43.     Altering position of conduit
   44.     Protection of works
   45.     Compensation to Corporation for damage
   46.     Interference with works by trees
   46A.    Approval of infrastructure activities in area of operations

           Division 5 - Acquisition of land

   47.     Acquisition of land for purposes of this Act

           Division 6 - Offences

   48.     Illegal diversion of water
   48A.    Unauthorised connections, alterations and use of works
   49.     Offence to discharge into works
   50.     Penalty notices
   51.     Payment of penalty does not affect other proceedings
   52.     Persons causing offences
   53.     Disposal of proceedings for offences

           Division 6A - Special provisions relating to water restriction offences

   53A.    Definitions
   53B.    Liability for water restriction offences in certain circumstances
   53C.    Evidentiary provision
   53D.    Power of authorised persons to enter land to investigate water restriction offences

           Division 7 - Customer contracts

   54.     Publication of terms and conditions of customer contracts
   55.     Owner of land taken to have entered into customer contract
   56.     No customer contract for unauthorised connection
   57.     Division not to apply to certain contracts
   58.     Consumer claims
   59.     Variation of customer contracts

           Division 8 - Fees and charges

   60.     Fees and charges generally
   61.     Successor in title liable for unpaid contract charges
   62.     Occupier may pay, and recover, contract charges in certain cases
   63.     Fees and charges not to be charges on land
   64.     Availability charges
   65.     Stormwater drainage area charges
   66.     Certificates as to amounts due
   67.     Exemptions from service charges
   68.     Special arrangements with Valuer-General

           Division 9 - Development

   69.     Definitions
   70.     Compliance certificates
   71.     Conditions requiring compliance certificates
   72.     Applications for compliance certificates
   73.     Grant of compliance certificates
   74.     Notice of requirements before grant of compliance certificate
   75.     Relevant costs
   76.     Conditions of compliance certificates
   77.     Grant of compliance certificates in stages
   78.     Consent authority to notify Corporation of development and building applications
   79.     Enforcement

           Division 10 - (Repealed)
           None

           Division 11 - Controlled areas

   88.     Controlled areas
   89.     Regulations concerning controlled areas

           Division 12 - Activities outside area of operations

   90.     Activities outside area of operations

           Division 13 - Other matters

   91.     Contracting out

   PART 7 - MISCELLANEOUS

   92.     Alteration of names
   93.     (Repealed)
   93A.    Ministerial directions in the public interest
   94.     (Repealed)
   95.     Provisions relating to subsidiaries
   96.     Provisions relating to certain staff
   97.     (Repealed)
   98.     Act binds Crown
   99.     Work for water supply, sewerage or stormwater drainage
   100.    Service of notices
   101.    Annual reports and consumer confidence reports
   102.    Restraint of breaches of Act
   103.    Restraint of breaches of customer contract
   104.    (Repealed)
   105.    Application of Independent Commission Against Corruption Act 1988
   106.    Regulations
   107.    Repeals
           108-110. (Repealed)
   111.    Savings, transitional and other provisions
   112.    Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2
           Schedule 3 (Repealed)
           SCHEDULE 4
           SCHEDULE 5
           Schedule 8 (Repealed)
           SCHEDULE 9
           SCHEDULE 10