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Contents (2018 - 480)
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Water Management (General) Regulation 2018
Current version for 7 February 2020 to date (accessed 10 April 2020 at 06:36)
Part 9 Division 7
Division 7 Finance generally
Subdivision 1 Preliminary
190   Application
This Division applies to and in respect of the following water supply authorities and to and in respect of matters arising within the areas of operations of those authorities—
(a)  Essential Energy,
(b)  Central Coast Council,
(c)  Cobar Water Board,
(d)  Water NSW,
(e)  the Sydney Olympic Park Authority.
191   Definitions
In this Part, land means—
(a)  a parcel within the meaning of the Strata Schemes Development Act 2015, or
(b)  an existing lot within the meaning of the Conveyancing Act 1919.
Subdivision 2 Service charges and other charges
192   Fees and charges other than service charges
The fees and charges (other than service charges) that a water supply authority may, under section 310(2) of the Act, impose for goods supplied, or for services provided, are to be determined by resolution.
193   Classification of land
For the purposes of section 313 of the Act, a water supply authority may classify land for the purpose of levying service charges according to one or more of the following factors—
(a)  the purpose for which the land is actually being used,
(b)  the intensity with which the land is being used for that purpose,
(c)  the purposes for which the land is capable of being used,
(d)  the nature and extent of any water supply, sewerage or drainage systems connected to, or available for connection to, the land.
194   Basis of levying service charges
(1)  For the purposes of section 314 of the Act, a water supply authority may levy service charges according to one or more of the following bases—
(a)  on the basis of the availability of the service (the access component),
(b)  on the basis of the usage of the service (the usage component).
(2)  The access component may vary according to any of the following—
(a)  the size of the water meter registering water supply to the land,
(b)  the nominal size of the water supply service pipe supplying water to the land,
(c)  the cost of providing the service, as assessed by the water supply authority,
(d)  the classification of the land, as determined by the water supply authority under this Subdivision.
(3)  The usage component may vary—
(a)  in the case of a water service charge, according to the volume of water supplied to the land concerned, or
(b)  in the case of any other service charge, according to the degree of use of the service, as assessed by the water supply authority.
(4)  For the purposes of subclause (2)(b), the nominal size of a water supply service pipe supplying water to land is—
(a)  the nominal size of the pipe at the point where it joins the water meter registering water supply to the land, or
(b)  if there is no such water meter the nominal size of the pipe at the point where it joins the water supply authority’s water main.
(5)  In this clause, nominal size has the same meaning as nominal size (DN) has in the document entitled AS/NZS 3500:2003, Plumbing and Drainage, as in force from time to time, published by Standards Australia.
195   Method of levying service charge on dwelling under company title
(1)  For the purposes of this Regulation—
(a)  a person who, because of the ownership of shares in a company, is entitled to occupy a dwelling in a building containing 2 or more such dwellings is taken to be the owner of the land comprising the dwelling, and
(b)  the service charge for the dwelling is to be an amount that bears the same proportion to the service charge for the building as the number of shares in the company owned by the person bears to the total number of shares issued by the company.
(2)  The secretary of such a company must notify the water supply authority of—
(a)  the names and addresses of all owners of shares in the company and of the number of shares held by each owner, and
(b)  changes in ownership of any shares in the company.
(3)  A service charge is not payable by the company to the extent to which it is payable by the owners of shares in the company.
196   Determination of service charges
A determination by a water supply authority under section 315(1) of the Act is to be made by resolution.
197   Approval of service charge determinations
(1)  A water supply authority must not levy any service charges in any charging year unless—
(a)  a strategic business plan for the water supply authority or integrated water cycle management strategy has been approved by the Minister within the period of 4 years before the proposed service charges, and
(b)  both a strategic business plan for the water supply authority and integrated water cycle management strategy has been approved by the Minister within the period of 8 years before the proposed service charges, and
(c)  the water supply authority has furnished the Minister with a report, that is in accordance with any requirements of the Minister, relating to the water supply authority’s performance of its functions during the previous charging year.
(2)  Subclause (1)(b) does not apply in respect of a charging year commencing before 1 December 2020.
(3)  In this clause—
integrated water cycle management strategy—see clause 199.
strategic business plan—see clause 198.
198   Strategic business plans
(1)  A water supply authority may apply to the Minister for approval of a strategic business plan with respect to the exercise of its functions under the Act.
(2)  The Minister may approve the business plan in the form in which it has been submitted for approval, may approve the business plan with specified modifications or may refuse to approve the business plan.
(3)  A strategic business plan is not to be approved under this clause unless it complies with the requirements of Strategic Business Plans for Water Supply and Sewerage Schemes: Guidelines for Preparation published by the New South Wales Government and as in force from time to time.
199   Integrated water cycle management strategy
(1)  A water supply authority may apply to the Minister for approval of an integrated water cycle management strategy with respect to the exercise of its functions under the Act.
(2)  The Minister may approve the integrated water cycle management strategy in the form in which it has been submitted for approval, may approve the management strategy with specified modifications or may refuse to approve the management strategy.
(3)  An integrated water cycle management strategy is not to be approved under this clause unless it addresses all of the matters required by the Integrated Water Cycle Management Strategy—Check List published on the Department’s website and as in force from time to time.
200   Payment of service charges and other charges
Payment to a water supply authority of a service charge or other charge—
(a)  is due within the time, and
(b)  may be made in any manner,
notified by the water supply authority when giving notice of the service charge or other charge.
201   Payment by instalments
(1)  A water supply authority may notify a person liable to pay service charges levied, or other charges imposed, that payment of the service charges or other charges may be made to the water supply authority by a stated number of instalments of specified amounts.
(2)  If there is a failure to make a payment in accordance with the notification, the total unpaid balance may be treated by the water supply authority as an overdue amount of service charges or other charges even if payment by instalments had commenced.
202   General power to defer or waive payment of service charges or other charges or fees
(1)  A water supply authority may, if of the opinion that reasonable cause has been shown—
(a)  defer payment of a service charge, or any other charge or fee, on such conditions as it thinks fit, or
(b)  waive such a payment or any part of it.
(2)  A water supply authority may establish an account from which to fund any such deferral or waiver.
203   Adjustment of service charge
(1)  If a service charge has been levied on land on the basis of a classification made by a water supply authority under this Subdivision and the water supply authority later decides that the classification was incorrect, it must adjust the service charge according to the correct classification.
(2)  If a service charge has been levied, or has been adjusted under subclause (1), on land on the basis of a classification made by a water supply authority under this Subdivision and the land later ceases to belong to that class, the water supply authority must adjust the service charge according to the new classification, on and from the date of the change of classification.
(3)  If the water supply authority has not acted under subclause (1) or (2) and an application for it to do so is made to the water supply authority in writing stating the grounds of the application, the water supply authority—
(a)  may act under subclause (1) or (2) or may refuse to do so, and
(b)  must give the applicant written notice of its decision.
(4)  If a service charge is adjusted under this clause, the water supply authority—
(a)  must give written notice of the adjustment to the person liable to pay the service charge, and
(b)  may recover any increase as if it were part of the service charge, even if an objection or appeal has been lodged but not determined, and
(c)  must refund any amount by which a service charge already paid has been decreased, or credit the amount towards payment of any amount then payable by the person liable to pay the service charge to the water supply authority.
204   Objection to levying of service charge
(1)  If a service charge is levied on land on the basis of a classification made by a water supply authority under this Subdivision, the person liable to pay the service charge may, within one month after being served with notice of the levying of the service charge, object to the service charge.
(2)  An objection under this clause may be made only on the ground that the classification of the land according to which the service charge was levied was incorrect.
205   Objection to adjustment of service charge
(1)  If an adjustment results in a service charge being increased, the person liable to pay the amount of the increase may, within one month after being given notice of the increase, object to the adjustment.
(2)  An objection under this clause may be made only on the ground that the classification of the land according to which the service charge was adjusted was incorrect.
206   Objection to refusal to adjust service charge
(1)  If an application is made to a water supply authority for an adjustment of a service charge and the water supply authority—
(a)  refuses to adjust the service charge, or
(b)  refuses to adjust the service charge in the manner sought in the application,
the applicant may, within one month after being notified of the refusal, object to the refusal.
(2)  An objection under this clause may be made only on the ground that the refusal by the water supply authority was incorrect.
207   Objections generally
(1)  An objection is to be made by lodging with the water supply authority, or by serving on it by post, a written statement of the ground for the objection and the reasons why the objector believes the ground exists.
(2)  A water supply authority—
(a)  may allow, or disallow, an objection, and
(b)  must give the objector written notice of its decision on the objection.
Subdivision 3 Drainage areas
208   Notice of drainage area
(1)  On the declaration under section 308(2) of the Act of a drainage area for a water supply authority, the water supply authority must deposit a map of the drainage area in its office.
(2)  The water supply authority must make the map available for inspection at reasonable times during its ordinary office hours.
(3)  The water supply authority must serve on each owner of land in the drainage area, personally or by post at the address of the owner last known to it, a notice to the effect that—
(a)  the drainage area has been declared, and
(b)  a map of the drainage area may be inspected at a specified place or specified places, and
(c)  drainage service charges are to be levied on land in the drainage area within a specified time, and
(d)  an objection to inclusion of the owner’s land in the drainage area may be lodged with the water supply authority, but only on the ground that surface or run-off water could not drain from the objector’s land into the drainage area, and
(e)  an objection must be in writing and must be lodged with the water supply authority before a specified date (being a date that is not earlier than 14 days after service of the notice), and
(f)  an objection will be referred by the water supply authority to an adjudicator for determination, and
(g)  an objector is not entitled to appear, or be represented, before the adjudicator unless the adjudicator so orders.
(4)  The water supply authority—
(a)  must appoint an independent person (that is, a person who is not subject to its direction or control) to be the adjudicator with respect to objections arising from the declaration of a particular drainage area, and
(b)  must refer all duly lodged objections to the adjudicator, and
(c)  must serve notice of the adjudicator’s decision on each objection on the objector concerned, either personally or by sending it by post to the objector’s address last known to the water supply authority.
Subdivision 4 Miscellaneous
209   Cutting off or restricting supply
A water supply authority may cut off or restrict the supply of water to land in any of the following circumstances—
(a)  if any service charges or other charges relating to the land are unpaid,
(b)  if the person requiring a supply of water—
(i)  fails to do anything that, under the Act or this Regulation, is required to be done to prevent waste, misuse, undue consumption, backflow or contamination of the water supplied by the water supply authority, or
(ii)  fails to comply with a notice under clause 141 regulating or restricting the use of water, or
(iii)  fails to comply with its conditions of supply, or
(iv)  fails to comply with its requirements in relation to the installation, repair or alteration of a meter for measuring water, or
(v)  fails to comply with its requirements, or any requirements of the Plumbing and Drainage Act 2011 or the regulations made under that Act, in relation to the installation, repair or alteration of water or sewerage connections, plumbing fittings or appliances connected, or intended to be connected, directly or indirectly to a water main or sewer main,
(c)  if it is necessary to do so—
(i)  in order to repair or alter any connections, plumbing fittings or appliances referred to in paragraph (b)(v), or
(ii)  in order to effect repairs or to clean a water main or sewer main, or
(iii)  in order to conserve supplies in time of drought or other emergency, or
(iv)  because of an accident.
210   Service of notices
(1)  A notice under this Part to a Public Service agency may be served on the head of the agency.
(2)  A notice under this Part to a statutory corporation may be served—
(a)  by leaving it at the corporation’s registered office or principal place of business with a person who appears to be employed there and to be at least 16 years old, or
(b)  in any manner authorised by or under the Act by which the corporation is constituted.
(3)  A notice under this Part to a person liable for payment of a service charge or other charge, or to a person who is owner or occupier of land or a building, may be served—
(a)  personally, or
(b)  by leaving it, at the person’s residential or business address, with a person who appears to be employed or to reside there and to be at least 16 years old, or
(c)  by sending it by post to the person’s residential or business address last known to the water supply authority serving the notice, or
(d)  by affixing it to a conspicuous part of the land or building.
(4)  A notice under this Part may be served on a person who appears to be absent from the State, and who has authorised service on an agent, by serving it on the agent of the person as if the agent were the person to be served.
(5)  If a notice relates to unoccupied land and the address of the owner is not known to the water supply authority serving the notice, it may be served by an advertisement that—
(a)  is published in a newspaper circulating in its area, and
(b)  states the name of the owner of the land, if known to it, and
(c)  if the notice is notice of a service charge, states its amount, the period to which the charge relates and that a detailed notice of the service charge may be obtained at its offices, and
(d)  states that the advertisement operates as service of the notice.
(6)  It is a sufficient description of the addressee of a notice to be served if the notice specifies “the owner”, “the occupier” or other appropriate description.
211   Recording of service charge
(1)  A water supply authority must keep records relating to each service charge as required by the Minister and must keep the records in a manner approved by the Minister.
(2)  An amendment of the records kept under this clause may be made—
(a)  so as to insert the name of a person who claims to be, and is, entitled to be recorded as owner or occupier, or
(b)  so as to insert the name of a person to whom an account for a service charge should have been rendered or who has, since the levying of a service charge, become liable to pay it, or
(c)  so as to omit the name of a person whose name should not have been recorded, or
(d)  so as to vary the amount of a service charge, whether as a result of an error in recording or notifying it, as a result of an adjustment or objection or as a result of an appeal, or
(e)  so as to insert particulars of land that should have been the subject of a service charge, or
(f)  so as to make such other corrections as will ensure conformity of the records with the Act.
(3)  A liability to make a payment as a result of an amendment accrues on the making of the amendment, but the payment is not overdue if made within one month after written notice of the amendment, and of the resulting liability, has been given to the person liable.