New South Wales Consolidated Acts

HUNTER WATER ACT 1991 - SECT 23

23 Power to open roads

(1) The Corporation may, for the purpose of complying with the operating licence and after giving reasonable notice to persons likely to be affected, open and break up:

(a) the soil and pavement of a public road or public reserve, and

(b) any sewer, drain or tunnel in or under or any ground under a public road or public reserve.

(2) The person having the control and management of a public road or public reserve may, as prescribed by the regulations, require the Corporation to comply with conditions in exercising its powers under this section, including conditions for restoration of the surface and removal of rubbish.

(3) If a public road or public reserve is damaged by a leakage from, or a bursting of, a main of the Corporation, the person having the control and management of the public road or public reserve may require the Corporation to make good the damage without delay.

(4) If the Corporation fails to comply with a condition in force under subsection (2) or a requirement under subsection (3), the person affected by the failure may remedy it and recover the cost of doing so as a debt owed to the person by the Corporation.