New South Wales Consolidated Regulations

LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 88

88 Rectification of defective water supply or sewerage work

(1) For the purposes of Order No 5 (h) (and without limiting that Order) in the case of an Order to a licensed contractor under Column 3 of the Table to section 124 of the Act in respect of a defect, the circumstances specified in Column 2 are taken to be included in that Column only where the council notifies the contractor of the defect after the date of issue by the contractor of a certificate to the effect that the work has been carried out as required by the Act and the Environmental Planning and Assessment Act 1979 .

(2) A licensed contractor so notified must bear the cost of rectifying the defect.

(3) A circumstance in which the defective work is the subject of an order made by the Consumer, Trader and Tenancy Tribunal under the Home Building Act 1989 constitutes a circumstance that is taken to be excluded from the circumstances specified in Column 2 of the Table to section 124 of the Act as circumstances in which Order No 5 (h) can be made.

(4) An Order given by a council in respect of any such defective work ceases to have effect if an order referred to in subclause (3) is made in respect of the defective work.