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WATER ACT 1989 - SECT 158 Information statements

WATER ACT 1989 - SECT 158

Information statements

S. 158(1) amended by No. 17/2012 s. 28.

    (1)     Any person may apply to an Authority for an information statement in relation to any land that is within a district of the Authority.

    (2)     An application must—

        (a)     be in writing; and

        (b)     be in a form approved by the Authority; and

S. 158(2)(c) amended by No. 110/1997 s. 18.

        (c)     be accompanied by the fee fixed by the Authority for applications under this section; and

        (d)     state the name and address of the applicant; and

        (e)     contain a description sufficient to identify the land in relation to which the information statement is required.

    (3)     An Authority to which an application is made must issue to the applicant a statement that gives details of the following things in relation to the described land arising from the performance of any of the Authority's functions under this or any other Act—

        (a)     any encumbrance affecting the land, other than—

              (i)     an encumbrance that would be disclosed by search at the Office of Titles or the Office of the Registrar-General; and

              (ii)     a matter required to be included in any other statement or certificate under this Act;

        (b)     any works that are required to be carried out (whether deferred by the Authority or not) or any matters that are outstanding and in respect of which the Authority has served any notice, made any resolution, exercised any discretion or entered into any agreement under this Act;

S. 158(3)(c) amended by No. 23/2019 s. 62(a).

        (c)     any relevant tariff or other charge, including any amounts outstanding;

S. 158(3)(d) amended by No. 23/2019 s. 62(b).

        (d)     whether or not the land is serviced property and, if so, the purposes for which the land is serviced property.

    (4)     The Authority may also include in the statement any other information concerning the land that the Authority in its absolute discretion considers relevant.

    (5)     The statement must be signed by a person who is authorised by the Authority to do so.

    (6)     The Authority does not incur any liability in respect of any information that it provides in good faith under subsection (4).