Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this section:
"Authority" means the Power and Water Authority established by section 4 of the Power and Water Authority Act .
"Repealed Act" means the Acts repealed by section 119.
(2) Subject to this section, if, immediately before the commencement of this Act, a person was providing a water supply service or sewerage service to the owner of land in the Territory, the person may continue to provide the service after the commencement as if this Act had not commenced.
(3) Subsection (2) ceases to apply:
(a) if the person is granted a licence or an exemption under this Act; or
(b) 12 months after the commencement of this Act,
whichever occurs first.
(4) On the commencement of this Act, the Authority is to be taken to have been granted a licence in respect of each area that under section 10 of the Repealed Act had been declared to be a water district or sewerage district.
(5) Subsection (4) ceases to apply to an area referred to in that subsection:
(a) if the Authority is granted a licence under this Act in respect of the area; or
(b) 12 months after the commencement of this Act,
whichever occurs first.
(6) Despite anything in this Act, the Utilities Commission may in respect of a licence taken to have been granted under subsection (4), exempt the Authority, in part or in whole and subject to the conditions that it thinks fit, from a requirement imposed on a licensee by this Act.
(7) In this Act, a reference:
(a) to a licence includes a licence taken to have been granted to the Authority under subsection (4);
(b) to a licensee includes the Authority in respect of a licence taken to have been granted under subsection (4); and
(c) to a licence area includes a water district or sewerage district in respect of which a licence is taken to have been granted under subsection (4).
(8) If, immediately before the commencement of this Act, a person was an authorized person appointed under the Repealed Act, the person, on the commencement of this Act:
(a) is to be taken to have been appointed as a services officer by the Authority under section 55; and
(b) while the appointment remains in force – may exercise his or her powers under this Act in respect of a licence taken to have been granted under subsection (4) or that is granted to the Authority under this Act.
(9) If, immediately before the commencement of this Act, an amount was required to be paid under section 12A or 13B of the Repealed Act, the amount outstanding remains payable to the Authority in accordance with the section and, for that purpose, sections 12A and 13B are to be taken not to have been repealed.
(10) In respect of a licence taken to have been granted under subsection (4), the charges that the Authority may require a customer to pay for water supply or sewerage services under the licence are, despite section 59(2), those applying immediately before the commencement of this Act to the customer under the Repealed Act.
(11) If, immediately before the commencement of this Act, a parcel of land was the subject of an overriding statutory charge in respect of a charge payable under section 13A of the Repealed Act, the amount outstanding remains payable to the Authority in accordance with that section and, for that purpose, section 13A is to be taken not to have been repealed.
(12) If, immediately before the commencement of this Act:
(a) a water supply service was being provided to a person under an agreement entered into under section 19 of the Repealed Act; or
(b) a sewerage service was made available to a person under an agreement entered into under section 19A of the Repealed Act,
the terms and conditions of the agreement continue to apply to the water supply service and the sewerage service unless otherwise agreed between the Authority and the person.
(13) Despite section 82, a person may discharge trade waste into a licensee's sewerage services infrastructure if, immediately before the commencement of this Act, the person was permitted to do so under a trade waste agreement entered into under section 47 of the Repealed Act.
(14) Subsection (13) applies until the trade waste agreement entered into under section 47 of the Repealed Act is terminated.
(15) For the purposes of subsections (13) and (14), Part IV of the Repealed Act is to be taken not to have been repealed.
(16) Despite section 119, Part III and section 54 of the Repealed Act and the Water Supply and Sewerage Regulations (so far as they relate to Part III) continue in force as if this Act had not commenced until the Building Act is amended to regulate plumbing and drainage work.
(17) On the commencement of this Act:
(a) an approval given under section 59 of the Repealed Act is to be taken to be an approval given under section 93; and
(b) a condition of an approval imposed under section 59(4) of the Repealed Act is to be taken to be a condition imposed under section 93(5).