SYDNEY WATER ACT 1994

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions
3A. (Repealed)

PART 2 - SYDNEY WATER CORPORATION

• 4 Establishment of Corporation as a statutory SOC
• 5 Functions of Corporation
• 5A Board of Corporation
• 6 Role of certain Ministers

PART 3 - TRANSFER OF ASSETS, RIGHTS AND LIABILITIES

• 7 Direction to transfer business undertaking
• 8 Excluded undertakings
• 9 Transfer of other assets, rights or liabilities

PART 4 - AREA OF OPERATIONS

• 10 Area of operations
• 11 Facilitating provisions of orders

PART 5 - OPERATING LICENCES

• 12 Grant of operating licences
13. (Repealed)
• 14 Terms and conditions of operating licences
• 15 Customer Councils
• 16 Amendment of operating licences
• 17 Term of operating licences
• 18 Area covered by operating licences
• 19 Contravention of operating licences
• 19A Enforcement of operating licences: action by Tribunal
• 19B Administrative reviews of certain decisions of Tribunal concerning operating licences
• 20 Cancellation of operating licences

PART 6 - PROVISIONS RELATING TO THE CORPORATION

Division 1 - Objectives of Corporation

• 21 Objectives of Corporation
• 22 Implementation of principal objectives
• 23 Pollution reduction targets
• 24 Approval of methodology for ecological risk assessment
• 25 Public display of reports on ecological risk assessments
• 26 Amendment of pollution reduction targets
• 27 Re-use of sewage effluent

Division 1A - Regulatory functions of Tribunal

• 28 Regulatory functions of Tribunal

Division 2 - Licence auditing functions of Tribunal

• 31 Functions of Tribunal
• 32 Operational report
• 33 Presentation of report to Parliament
• 33A Cost of audit

Division 3 - Memoranda of understanding

• 34 Definitions
• 35 Corporation to enter into memoranda of understanding
• 36 Public exhibition of memoranda of understanding

Division 4 - Provisions relating to works

• 37 Ownership of works
• 38 Entry on to land
• 39 Certificates of authority
• 40 Exercise of powers of entry
• 41 Compensation
• 42 Power to open roads
• 43 Altering position of conduit
• 44 Protection of works
• 45 Compensation to Corporation for damage
• 46 Interference with works by trees
• 46A Approval of infrastructure activities in area of operations

Division 5 - Acquisition of land

• 47 Acquisition of land for purposes of this Act

Division 6 - Offences

• 48 Illegal diversion of water
• 48A Unauthorised connections, alterations and use of works
• 49 Offence to discharge into works
• 50 Penalty notices
• 51 Payment of penalty does not affect other proceedings
• 52 Persons causing offences
• 53 Disposal of proceedings for offences

Division 6A - Special provisions relating to water restriction offences

• 53A Definitions
• 53B Liability for water restriction offences in certain circumstances
• 53C Evidentiary provision
• 53D Power of authorised persons to enter land to investigate water restriction offences

Division 7 - Customer contracts

• 54 Publication of terms and conditions of customer contracts
• 55 Owner of land taken to have entered into customer contract
• 56 No customer contract for unauthorised connection
• 57 Division not to apply to certain contracts
• 58 Consumer claims
• 59 Variation of customer contracts

Division 8 - Fees and charges

• 60 Fees and charges generally
• 61 Successor in title liable for unpaid contract charges
• 62 Occupier may pay, and recover, contract charges in certain cases
• 63 Fees and charges not to be charges on land
• 64 Availability charges
• 65 Stormwater drainage area charges
• 66 Certificates as to amounts due
• 67 Exemptions from service charges
• 68 Special arrangements with Valuer-General

Division 9 - Development

• 69 Definitions
• 70 Compliance certificates
• 71 Conditions requiring compliance certificates
• 72 Applications for compliance certificates
• 73 Grant of compliance certificates
• 74 Notice of requirements before grant of compliance certificate
• 75 Relevant costs
• 76 Conditions of compliance certificates
• 77 Grant of compliance certificates in stages
• 78 Consent authority to notify Corporation of development and building applications
• 79 Enforcement

Division 10 - (Repealed)

Division 11 - Controlled areas

• 88 Controlled areas
• 89 Regulations about controlled areas

Division 12 - Activities outside area of operations

• 90 Activities outside area of operations

Division 13 - Other matters

• 91 Contracting out

PART 7 - MISCELLANEOUS

• 92 Alteration of names
93. (Repealed)
• 93A Ministerial directions in the public interest
94. (Repealed)
• 95 Provisions relating to subsidiaries
• 96 Provisions relating to certain staff
97. (Repealed)
• 98 Act binds Crown
• 99 Work for water supply, sewerage or stormwater drainage
• 100 Service of notices
• 101 Annual reports and consumer confidence reports
• 102 Restraint of breaches of Act
• 103 Restraint of breaches of customer contract
104. (Repealed)
• 105 Application of Independent Commission Against Corruption Act 1988
• 106 Regulations
• 107 Repeals
108-110. (Repealed)
• 111 Savings, transitional and other provisions
• 112 Review of Act
Schedule 1 (Repealed)
• SCHEDULE 2
Schedule 3 (Repealed)
• SCHEDULE 4
• SCHEDULE 5
Schedule 8 (Repealed)
• SCHEDULE 9
• SCHEDULE 10