(1)  A price and service plan submitted by a regulated entity for approval under section 65 must include –

(a) a policy that sets out the circumstances in which the regulated entity will impose a service charge in relation to serviced land; and

(b) the amount of, or method of determining the amount of, the service charge, in relation to water infrastructure or sewerage infrastructure or water services or sewerage services.

(2)  A regulated entity may determine that a service charge applies in relation to water services or sewerage services to land referred to in subsection (1) if –

(a) a water service or sewerage service is provided through a connection to a pipe or sewer that is not owned by the regulated entity; or

(b) a water service or sewerage service is available through a regulated entity's water infrastructure or sewerage infrastructure but is not connected to a water system or sewerage system; or

(c) a water service or sewerage service is provided other than through a connection point.

(3)  The owner of any land to which –

(a) a service charge applies under a price and service plan approved by the Regulator under section 65 ; and

(b) a service rate or service charge applies under section 95 of the Local Government Act 1993 , immediately before the commencement of this Division –

is liable for the payment of the service charge.

(4)  Subject to subsection (7) , a regulated entity may not charge a service charge under this section, unless notice is –

(a) served on the owner of the land; and

(b) published in a newspaper circulating generally in the area in which the land is situated.

(5)  A regulated entity must cause a copy of the notice under subsection (4) to be available for inspection at its offices and on its website.

(6)  A notice under subsection (4) must –

(a) define the locality to which it applies; and

(b) specify the services available; and

(c) generally identify the land to which the services are available; and

(d) fix a date on and from which the service charge will be payable, being a date not less than 3 months from the date of the notice.

(7)  A regulated entity may, without written notice, charge a service charge in respect of land that was the subject of a service rate or service charge under section 95 of the Local Government Act 1993 , immediately before the commencement of this Division, in the same amount and on the same terms and conditions that applied immediately before the commencement of this Division or as otherwise adjusted by an interim price order made under section 88 .

(8)  A service charge specified in subsection (7) applies until a price and service plan is approved by the Regulator under section 65 .