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WATER ACT 1989 - SECT 268

Authority may require payment[44]

    (1)     An Authority that intends to provide services which will benefit a property may, by notice in writing, require the owner of the property to meet or contribute to the present day cost of any works that are used or will be able to be used directly or indirectly for the provision of those services, and any fireplugs attached to those works.

    (2)     If a proposal for the subdivision of land is referred to an Authority under the Planning and Environment Act 1987 , the Authority may, by notice in writing, require the owner of the property to meet or contribute to the present day cost of any works that are used or will be able to be used directly or indirectly for the provision of services that will benefit the property, and any fireplugs attached to those works.

    (3)     The amount of payment required from an owner must be assessed by the Authority to be fair and reasonable, taking into account the benefit to that property relative to the benefit to other properties.

    (4)     The notice must specify—

        (a)     the amount of the payment required; and

        (b)     the reason why the payment is required; and

        (c)     any works or services that have been or will be provided; and

        (d)     the property in relation to which payment is required; and

        (e)     if payments are required in relation to a group of properties, the amounts required in relation to each property; and

        (f)     the right of the owner to object and apply for a review under section 271 ; and

        (g)     in the case of a notice under subsection (1), that details of the proposed services and the costs are available for inspection, free of charge, at the Authority's office during normal business hours.

    (5)     In the case of a notice under subsection (1), the Authority must make sure that details of the proposed services and the costs are available for inspection, free of charge, at the Authority's office during normal business hours.

    (6)     An Authority must bear any cost that would otherwise, under this section, be borne by the Crown in respect of land that—

        (a)     is used or reserved for a public purpose which specifically benefits the area; and

        (b)     does not require the service which is being provided.



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