New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 306

306 Authority may impose certain requirements before granting certificate of compliance

(1) This section applies to such kinds of development as are prescribed by the regulations for the purposes of this section.

(2) As a precondition to granting a certificate of compliance for development, a water supply authority may, by notice in writing served on the applicant, require the applicant to do either or both of the following--

(a) to pay a specified amount to the water supply authority by way of contribution towards the cost of such water management works as are specified in the notice, being existing works or projected works, or both,

(b) to construct water management works to serve the development.

(3) In calculating an amount for the purposes of subsection (2) (a)--

(a) the value of existing water management works and the estimated cost of projected water management works may be taken into consideration, and

(b) the amount of any government subsidy or similar payment is not to be deducted from the relevant value or cost of the water management works, and

(c) consideration is to be given to any guidelines issued for the time being for the purposes of this section by the Minister.

(4) If a water supply authority imposes a requirement under this section on the Crown, the Crown may request the Minister for Urban Affairs and Planning to determine whether such a requirement should be imposed and, if so, in what terms.

(5) The determination made by the Minister for Urban Affairs and Planning in response to such a request is final and is taken to be the determination of the water supply authority.

(6) Any water management works constructed in compliance with a requirement under this section are the property of the water supply authority.