New South Wales Consolidated Acts

HUNTER WATER ACT 1991 - SECT 36

36 Owner of land taken to have entered into customer contract

(1) An owner of land that is connected to a water main or sewer main owned by the Corporation is taken to have entered into a customer contract with the Corporation, on terms and conditions published under section 35 as varied from time to time in accordance with section 38, for the provision of water supply or sewerage services, or either of them, to the land.

(2) A customer contract is not unconscionable, harsh or oppressive for the purposes of any law.

(3) A customer contract does not operate so as to impose obligations on the Corporation or any owner of land in respect of the supply of water, or the provision of a sewerage service, during the term of any contract in that regard entered into between the owner of the land and a licensed retail supplier within the meaning of the Water Industry Competition Act 2006 .

(4) If:

(a) the Corporation is a retailer of last resort within the meaning of the Water Industry Competition Act 2006 in relation to any water supply or sewerage service, and

(b) a direction in relation to that service is given to the Corporation under section 56 of that Act,

the Corporation and the owner are taken to have entered into a special circumstances contract in such terms as are prescribed by the regulations for the purposes of this subsection.