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