New South Wales Consolidated Acts

WATER INDUSTRY COMPETITION ACT 2006 - SECT 59

59 Damage to public roads and public reserves to be made good

(1) If a public road or public reserve is damaged:

(a) by a leakage from, or a bursting of, a licensed network operator’s water industry infrastructure, or

(b) by any work carried out by a licensed network operator,

the local council or roads authority may require the network operator to make good the damage without delay.

(2) If the network operator fails to carry out appropriate work in accordance with any such requirement, the local council or roads authority may carry out the work itself.

(3) The cost of carrying out the work may be recovered by the local council or roads authority in a court of competent jurisdiction as a debt owed to it by the network operator.