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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 06:49)
Part 9 Division 7 Subdivision 2
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.