WATER ACT 2000 - SECT 705
State undertakes non-transferable civil liability
WATER ACT 2000 - SECT 705
State undertakes non-transferable civil liability
705 State undertakes non-transferable civil liability
(1) This section applies only to an act done or omission made by a
changing authority in relation to its functions and powers under this Act
before the authority is changed.
(2) If the act or omission gives rise to a
civil liability that, at law, can not be transferred to the new entity, the
State stands in the place of the authority for the act or omission.
(3) In
this section—
"changed" , for an authority, means—
(a) amalgamated with another water
authority; or
(b) converted to 1 or more alternative institutional
structures.
"changing authority" means a water authority that is to be—
(a) amalgamated
with another water authority; or
(b) converted to 1 or more alternative
institutional structures.
