(1) This Act has effect subject to the . Sydney Water Catchment Management Act 1998
(1) The Corporation has the functions conferred or imposed on it by or under this or any other Act.
(1) The Premier may not nominate:
(a) the portfolio Minister of the Corporation, or (b) a Minister administering the , the Environmental Planning and Assessment Act 1979 , the Water Management Act 2000 or the Protection of the Environment Administration Act 1991 , Public Health Act 1991 as a voting shareholder of the Corporation.
(1) The Minister may, by order in writing, direct that the business undertaking of Sydney Water Corporation Limited be transferred to the Corporation, in exchange for the issue of shares or on any other basis. (2) The transfer of assets, rights and liabilities under this section is to take place at a value or values specified in the order.
(1) The Minister may direct, by order in writing, that such assets, rights or liabilities of Sydney Water Corporation Limited as are specified or referred to in the order be excluded from Sydney Water Corporation Limited’s business undertaking. (2) On the date specified in the order, the excluded undertaking concerned is transferred to the Ministerial Holding Corporation or such other person on behalf of the Crown as is so specified.
(1) The Corporation has, subject to this section, the same area of operations that Sydney Water Corporation Limited had immediately before it ceased to be a company State owned corporation. Each operating licence is to contain a schedule that details the area of operations or the part of the area of operations to which the operating licence applies. (2) The Governor may, by order published in the Gazette, vary the area of operations and may, by that order, specify which systems and services the Corporation may provide in the whole or a part or parts of the area of operations as so varied.
(1) The Governor may grant one or more operating licences to enable the Corporation in accordance with this Act, in the area of operations, to provide, construct, operate, manage or maintain systems or services for:
(a) storing or supplying water, or (b) providing sewerage services, or (c) providing stormwater drainage systems, or (d) disposing of waste water.
(1) An operating licence may only be amended in the manner specified in the operating licence.
(1) The Tribunal may impose a monetary penalty on the Corporation. (2) The Tribunal may, instead of imposing a monetary penalty, require the Corporation to take such action as the Tribunal considers appropriate in the circumstances, including (for example) requiring the sending of information to customers or the publication of notices in newspapers. (3) The Tribunal may not require action to be taken under subsection (2) by the Corporation if the cost of that action would exceed the monetary penalty that the Tribunal could impose under this section on the Corporation. (4) If the Tribunal requires information to be sent to a customer under subsection (2), the Corporation may satisfy that requirement by sending the information to the customer with the next account or bill to be sent to the customer by the Corporation or, if the Corporation is sending other information to that customer before the next account or bill, with that other information. (5) Action may be taken under this section only if the Corporation has knowingly contravened an operating licence.
(1) An operating licence may be cancelled by the Governor, but only if:
(a) the Corporation ceases, otherwise than as authorised by the operating licence or as permitted in accordance with an order made under section 10 (2), to do the things referred to in section 14 (1) or any of them in the area of operations for any reason, or (b) the Corporation:
(i) is, in the opinion of the Minister, in material default in compliance with the operating licence, viewed in terms of the operation of the operating licence as a whole, and (ii) has not, within the time specified by the Minister in a notice to the Corporation, either rectified the default or shown cause, to the satisfaction of the Minister, why the operating licence should not be cancelled, or (c) the Corporation is an externally administered corporation within the meaning of the of the Commonwealth, or Corporations Act 2001 (d) the Corporation has been convicted on more than 3 occasions within a period of 12 months of criminal offences that are punishable by a fine of at least $10,000 or, if the Corporation were a natural person, imprisonment for 12 months or more.
(1) The function of the Tribunal under this Division is to ensure that the operational audit is prepared in accordance with the operating licence.
(1) If the Corporation has reasonable cause to believe that a tree is destroying, damaging or interfering with a work of the Corporation, the Corporation may, by written notice, require the owner of the land on which the tree is situated, within a reasonable period specified in the notice, to remove the tree, including all roots of the tree that are or may be destroying, damaging or interfering with the work. (2) The Corporation must reimburse the owner for the reasonable expenses of any action taken by the owner under this section unless the Corporation establishes that:
(a) after the work was first laid or installed, an owner or occupier planted the tree, or caused or permitted the tree to be planted, in, on or near the work in circumstances in which the owner or occupier should have known that destruction of, damage to or interference with the work would result, or (b) the work of the Corporation is located, within the land on which the tree has been planted, on land that was the subject of an easement in favour of the Corporation (or a predecessor of the Corporation) or an easement for water supply, sewerage or stormwater drainage purposes when the tree was planted. (3) An owner given notice under this section may, with the consent of the Corporation and without destroying, damaging or interfering with the Corporation’s works, take steps, other than removal of the tree, to eliminate the cause of the destruction of, damage to or interference with the Corporation’s works and any reasonable expectation of the destruction, damage or interference occurring in the future.
(1) If a consent authority within the area of operations receives a development application or building application in relation to any matter that would:
(a) increase the demand for water supplied by the Corporation, or (b) increase the amount of waste water that is to be removed by the Corporation, or (c) damage or interfere with the Corporation’s works, or (d) adversely affect the Corporation’s operations, or (e) the consent authority must give the Corporation notice of the application, unless it is relieved from doing so under subsection (2). (2) The consent authority is not required to give notice of the application if it decides:
(a) not to approve the application, or (b) to approve the application with a condition that the developer must obtain a compliance certificate from the Corporation.
(1) A direction may be given to the board of the Corporation under section 20P of the without compliance with subsection (3) of that section if the portfolio Minister decides that this action is warranted on grounds involving urgency, public health or public safety. State Owned Corporations Act 1989
(1) The Corporation is to comply with requirements of Schedule 5 regarding the annual report of the operations of the Corporation, in addition to any other relevant requirements of the . State Owned Corporations Act 1989 (2) The regulations may amend or replace Schedule 5.
(Section 101 (2))
(Section 111)