New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 237

237 Additional works required as a result of subdivision

(1) The person who, immediately before the disposition of a new holding resulting from a subdivision of land within a private water trust’s water supply district, was the landholder of the holding (the "previous landholder") must construct at his or her own cost such works as are necessary to provide:

(a) means of conveying water to the new holding from the trust’s water supply works, and

(b) means of access from roads to any works of the trust or any works provided for the purposes of paragraph (a) if that access would not be available except by crossing a channel of the water supply district, and

(c) means of access across a channel of the water supply district to the new holding if that means of access is required by reason of the subdivision.

(2) All works to be constructed under subsection (1) must be constructed before the new holding is disposed of or within such period after the disposition of the new holding as the trust may in any particular case allow.

(3) All works constructed or to be constructed under subsection (1) must be constructed in accordance with the approval in writing of the trust in respect of location, design, form, dimensions and construction.

(4) At the request of the previous landholder, the trust may undertake, at the landholder’s cost, the construction of any works required by this section.

(5) The trust may construct such works as have not been constructed by the previous landholder, and any costs and expenses are payable to the trust either by the previous landholder or by the new landholder, as the trust may determine.

(6) If any part of the costs and expenses referred to in subsection (5) is recovered by the trust from the new landholder, the new landholder may recover from the previous landholder the whole or that part of those costs or expenses, as the case may be.

(7) On their completion, the control and management of any works constructed under this section is vested in the trust.