New South Wales Consolidated Acts

SYDNEY WATER ACT 1994 - SECT 10

10 Area of operations

(1) The Corporation has, subject to this section, the same area of operations that Sydney Water Corporation Limited had immediately before it ceased to be a company State owned corporation. Each operating licence is to contain a schedule that details the area of operations or the part of the area of operations to which the operating licence applies.

(2) The Governor may, by order published in the Gazette, vary the area of operations and may, by that order, specify which systems and services the Corporation may provide in the whole or a part or parts of the area of operations as so varied.

(3) An order under subsection (2) may expand or reduce the area of operations. However, an order must not reduce the area of operations unless the Minister is satisfied that, after the order takes effect, similar services to those provided by the Corporation in the area to be excised from the area of operations are able to, and will, be provided by any one or more of the following:

(a) a council of an area, or

(b) Hunter Water Corporation,

(c) a public authority within the meaning of the Water Management Act 2000 , or

(d) a water supply authority within the meaning of the Water Management Act 2000 .

(4) Despite subsections (2) and (3), the area of operations must not be:

(a) reduced, or

(b) expanded to include the whole or part of the area within which any of the bodies referred to in subsection (3) (a)-(d) provides services that are the same services the Corporation is authorised to provide under the operating licence,

unless consultations, regarding the proposed reduction or expansion and the implications of the proposed reduction or expansion, have taken place between the Corporation and the council, Hunter Water Corporation, public authority or Water Supply Authority before the order reducing or expanding the area of operations is made.

(5) It does not matter if a reduction or expansion of the area of operations results in parts of the area of operations covered by an operating licence not being contiguous.

(6) An order to vary the area of operations does not take effect until written notice of the order, accompanied by a copy of the order, is laid before each House of Parliament and either:

(a) 15 sitting days of each House of Parliament has passed after the order was tabled and notice of a motion to disallow the order has not been given, or

(b) if notice of a motion to disallow the order has been given, the motion has lapsed or has been withdrawn or defeated.