New South Wales Consolidated Acts

RESIDENTIAL PARKS ACT 1998 - SECT 39

39 Resident to pay certain charges for water

(1) It is a term of every residential tenancy agreement that the resident must pay all water consumption charges and water availability charges in connection with the residential premises, if the residential premises are individually metered in a manner that complies with the regulations and:

(a) the resident is billed either:

(i) directly by the water supply authority, or

(ii) by the park owner in accordance with this section, and

(b) the resident is not liable to pay a minimum charge.

(2) If the resident is billed by the park owner, the amount that the resident is required to pay in relation to water consumption charges is the lower of the following amounts:

(a) the amount that the resident would have been required to pay for water consumed if the resident were a direct domestic customer of the relevant water supply authority,

(b) the amount prescribed by the regulations.

(2A) If the resident is billed by the park owner, the amount that the resident is required to pay in relation to water availability charges is the lower of the following amounts:

(a) the amount paid by the park owner in relation to the water availability charges for the park divided by the number of residential sites in the park,

(b) the amount prescribed by the regulations.

(3) If a resident is billed by the park owner:

(a) the resident must be billed at the same frequency as the park owner is billed by the relevant water supply authority, but may be billed more frequently if the parties so agree, and

(b) the bill provided by the park owner must include:

(i) the last meter reading taken before the bill was issued, and

(ii) the last meter reading before that (if any), and

(iii) the amount of water supplied during the billing period, and

(iv) the charge per unit of water.

(4) The park owner must provide a resident who has paid any water consumption charges or water availability charges to the park owner with a receipt that is separate from any rent receipt provided to the resident or is identified separately on the rent receipt.

(5) Nothing in this section affects a resident’s obligation under section 36 (1) (b) to pay any charges for excess water consumption in connection with the residential premises, in circumstances where the residential site is individually metered by the relevant water supply authority.

(6) A resident who is required to pay any amount under this section is entitled to inspect any records of the park owner that relate to the payment of water charges by the resident.