{"id":"water-supply-and-sewerage-services-act-2000","name":"Water Supply and Sewerage Services Act 2000","slug":"water-supply-and-sewerage-services-act-2000","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30649,"registerId":"nt-water-supply-and-sewerage-services-act-2000-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Water Supply and Sewerage Services\nAct 2000.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act comes into operation on 1 January 2001.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"3 Objects\nThe objects of this Act are:\n(a) to promote the safe and efficient provision of water supply and\nsewerage services;\n(b) to establish and enforce standards of service in water supply\nand sewerage services;\n(c) to facilitate the provision of financially viable water supply and\nsewerage services; and\n(d) to protect the interests of customers.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act, unless the contrary intention appears:\naccess chamber means an inspection shaft, chamber or opening\ngiving access to a sewer.\nauthorised officer means a person appointed under section 35.\ncustomer contract means a customer contract developed under\nsection 47.\n\nWater Supply and Sewerage Services Act 2000 2\ndrain means the drain leading from a house or other premises on\nland to which a sewerage service is made available to the point of\nconnection to the sewer that forms part of the sewerage services\ninfrastructure of a licensee.\nlicence means a licence granted under Part 2.\nlicence area means the area in respect of which a licence is\ngranted.\nlicensee means the person to whom a licence is granted.\nmain means a main pipe forming part of a licensee's water supply\ninfrastructure or sewerage services infrastructure.\nmetering code means the code published under section 72.\nnative title has the same meaning as in section 223 of the Native\nTitle Act 1993 of the Commonwealth.\nowner means:\n(a) in relation to land other than Crown land – the person entitled\nto an estate in fee simple in possession or, if the land is the\nsubject of a lease for a period exceeding 5 years, the lessee;\nor\n(b) in relation to land to which the Unit Titles Act 1975 applies:\n(i) if the land is common property – the body corporate\nreferred to in section 27 or 28 of that Act;\n(ii) if the land is a unit – the proprietor of the unit;\n(iii) if the land is a lot (within the meaning of Part IVB of that\nAct) – the owner of the lot; or\n(iv) if the land is a building lot – the owner of the building lot;\nor\n(ba) in relation to scheme land of a unit title scheme as defined in\nthe Unit Title Schemes Act 2009:\n(i) if the land is common property – the body corporate of\nthe scheme as defined in that Act; or\n(ii) if the land is a unit – the unit owner of the unit as defined\nin that Act; or\n\nWater Supply and Sewerage Services Act 2000 3\n(c) in relation to land vested in:\n(i) a person on behalf of the Crown; or\n(ii) a statutory corporation representing the Crown,\nthe person or statutory corporation; or\n(d) in relation to Crown land the subject of a lease – the lessee; or\n(e) in relation to Crown land other than that referred to in\nparagraph (c) or (d) – the Crown.\nprice includes a price range.\npricing order means an order made under section 60.\npublic land means land owned by the Territory or an\ninstrumentality or agent of the Territory or by a local government\ncouncil and includes public land that is subject to native title.\nservice pipe, in relation to a water supply service, means a pipe\nleading from a main to a customer's supply point.\nservices officer means a services officer appointed under\nsection 55.\nsewer means a pipe, conduit or underground channel, not being a\ndrain or a soil or waste pipe, that forms part of the sewerage\nservices infrastructure of a licensee.\nsewerage services means providing the capability to collect,\nconvey and treat sewage, trade waste and other approved\ndischarges from land through sewerage services infrastructure and\nincludes retailing sewerage services.\nsewerage services infrastructure means a sewer or any other\ninfrastructure for collecting, conveying and treating sewage, trade\nwaste, effluent or other approved discharges that forms part of the\ninfrastructure owned or operated by a licensee.\nsewerage services licence area means an area declared under\nsection 9.\ntrade waste means liquid or liquid-borne waste generated from any\nindustry, business, trade, manufacturing process or similar that is\napproved for discharge to sewer but does not include wastewater\nfrom a toilet, shower, hand basin or similar fixture.\ntrade waste code means a code prepared under section 83.\n\nWater Supply and Sewerage Services Act 2000 4\nwater supply infrastructure means any infrastructure for\ncollecting abstracting, treating, storing, conveying or reticulating\nwater that forms part of the infrastructure owned or operated by a\nwater supply licence area means an area declared under\nsection 8.\nwater supply services means supplying water to customers\n(including operating water supply infrastructure and distribution\ninfrastructure) and includes retailing water supply services.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Crown to be bound","content":"5 Crown to be bound\n(1) This Act binds the Crown.\n(2) Nothing in this Act renders the Crown in any of its capacities liable\nto be prosecuted for an offence.\n(3) Subsection (2) does not apply to an authority of the Territory\ngranted a licence under this Act.\n(4) For the purposes of this section, a reference to the Crown extends:\n(a) not only to the Crown in right of this Territory but also (so far\nas the legislative power of the Territory permits) to the Crown\nin any other capacity; and\n(b) to an instrumentality of the Crown, and to an officer or\nemployee of the Crown and any contractor or other person\nwho carries out functions on behalf of the Crown.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Functions of Utilities Commission","content":"6 Functions of Utilities Commission\nThe Utilities Commission has (in addition to the Utilities\nCommission's functions under the Utilities Commission Act 2000):\n(a) the licensing and other functions and powers conferred by this\nAct;\n(b) the function of providing advice to the Minister on the\noperation of this Act; and\n(c) any other functions and powers conferred by the Regulations.\n\nDivision 3 Water supply and sewerage services licence areas\nWater Supply and Sewerage Services Act 2000 5\nDivision 2 Declaration as regulated industries\n7 Declaration as regulated industries\n(1) The water supply services industry is declared to be a regulated\nindustry for the purposes of the Utilities Commission Act 2000.\n(2) The sewerage services industry is declared to be a regulated\nindustry for the purposes of the Utilities Commission Act 2000.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Water supply and sewerage services licence areas","content":"Division 3 Water supply and sewerage services licence areas\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Declaration as water supply licence area","content":"8 Declaration as water supply licence area\nThe Minister may, by notice in the Gazette, declare an area to be a\nwater supply licence area.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Declaration as sewerage services licence area","content":"9 Declaration as sewerage services licence area\nThe Minister may, by notice in the Gazette, declare an area to be a\nsewerage services licence area.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Application to have area declared a water supply or sewerage","content":"10 Application to have area declared a water supply or sewerage\nservices licence area\n(1) A person may apply to the Minister for an area to be declared:\n(a) a water supply licence area; or\n(b) a sewerage services licence area.\n(2) The Minister must consider an application under subsection (1)\n(3) If the Minister grants the application, the Minister must under\nsection 8 or 9 declare the area or a part of the area as he or she\nthinks fit to be a water supply licence area or sewerage services\nlicence area, as the case may be.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Variation of water supply licence area or sewerage services","content":"11 Variation of water supply licence area or sewerage services\nlicence area\nThe Minister may, by notice in the Gazette, vary a water supply\nlicence area or sewerage services licence area.\n\nWater Supply and Sewerage Services Act 2000 6\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Application to have variation of water supply licence area or","content":"12 Application to have variation of water supply licence area or\nsewerage services licence area\n(1) A person may apply to the Minister for:\n(a) a water supply licence area; or\n(b) a sewerage services licence area,\nto be varied.\n(2) The Minister must consider an application under subsection (1)\n(3) If the Minister grants the application, the Minister must under\nsection 11 vary as he or she thinks fit the water supply licence area\nor sewerage services licence area, as the case may be.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Restriction on number of licences","content":"13 Restriction on number of licences\n(1) The Utilities Commission may grant only one licence to carry on\nwater supply services in a water supply licence area.\n(2) The Utilities Commission may grant only one licence to carry on\nsewerage services in a sewerage services licence area.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Requirement for licence","content":"14 Requirement for licence\n(1) A person must not carry on water supply services or sewerage\nservices unless the person holds a licence under this Part\nauthorising the relevant services.\n(2) Subsection (1) does not apply to a person, or to a person carrying\non an operation, exempted under section 26.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Application for licence","content":"15 Application for licence\n(1) An application for a licence is to:\n(a) be made to the Utilities Commission in a form approved by the\nUtilities Commission; and\n(b) contain the information specified in the form.\n\nWater Supply and Sewerage Services Act 2000 7\n(2) The applicant must pay to the Utilities Commission an application\nfee fixed by the Minister of an amount that the Minister considers\nappropriate to meet the reasonable costs of determining the\n(3) The Utilities Commission may, as it considers appropriate, accept a\nsingle application from an applicant in respect of different\noperations of the applicant or operations of the applicant relating to\nmore than one water supply licence area or sewerage services\nlicence area or may require separate applications.\n(4) An applicant must give the Utilities Commission further relevant\ninformation that is requested by the Utilities Commission.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Consideration of application","content":"16 Consideration of application\n(1) The Utilities Commission must consider an application for a licence\nlicence.\n(2) The Utilities Commission must have regard to the general factors\nspecified in section 6(2) of the Utilities Commission Act 2000 and,\nsubject to this section, may only grant a licence if satisfied that:\n(a) the applicant is a suitable person to hold the licence; and\n(b) the applicant will be able to meet reasonably foreseeable\nobligations relating to providing water supply services or\nsewerage services.\n(3) In deciding whether an applicant is a suitable person to hold a\nlicence, the Utilities Commission may consider:\n(a) the applicant's previous commercial and other dealings and\nthe standard of honesty and integrity shown in those dealings;\n(b) the financial, technical and human resources available to the\napplicant;\n(c) the officers and, if applicable, major shareholders of the\napplicant and their previous commercial and other dealings\nand the standard of honesty and integrity shown in those\ndealings (including breaches of statutory and other legal\nobligations); and\n(d) other matters prescribed by the Regulations.\n\nWater Supply and Sewerage Services Act 2000 8\n(4) If:\n(a) a person carries on or proposes to carry on operations for\nwhich a licence is required as agent of another person;\n(b) the agent makes application for the licence on the agent's own\nbehalf and on behalf of the principal; and\n(c) the Utilities Commission is satisfied that the criteria for\ngranting the licence are met in relation to the agent,\nthe Utilities Commission may dispense with the requirement that it\nbe satisfied that the criteria are met in relation to the principal and\ngrant the licence to the agent and the principal to be held by them\njointly.\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Licences may be held jointly","content":"17 Licences may be held jointly\n(1) A licence may be held jointly by 2 or more persons.\n(2) If a licence is held jointly by 2 or more persons, those persons are\njointly and severally liable to meet requirements imposed under this\nAct, the licence or the Utilities Commission Act 2000.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Term of licence","content":"18 Term of licence\nA licence may be granted for an indefinite period or for a term as is\nspecified in the licence.\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Licence fees and returns","content":"19 Licence fees and returns\n(1) A person is not entitled to be granted a licence unless the person\nfirst pays to the Utilities Commission the annual licence fee, or the\nfirst instalment of the annual licence fee, as the case may require.\n(2) A licensee granted a licence for 2 years or more must:\n(a) in each year lodge with the Utilities Commission before the\ndate prescribed for that purpose an annual return containing\nthe information required by the Utilities Commission by\ncondition of the licence or by written notice; and\n(b) in each year (other than a year in which the licence is due to\nexpire) pay to the Utilities Commission before the date\nprescribed for that purpose the annual licence fee, or the first\ninstalment of the annual licence fee, as the case may require.\n\nWater Supply and Sewerage Services Act 2000 9\n(3) The annual licence fee for a licence is the fee fixed from time to\ntime by the Minister in respect of the licence as an amount that the\nMinister considers to be a reasonable contribution towards\nadministrative costs.\n(4) An annual licence fee may, if the Utilities Commission determines,\nbe paid in instalments at intervals fixed by the Utilities Commission.\n(5) If a licensee fails to lodge the annual return or pay the annual\nlicence fee (or an instalment of the annual licence fee) in\naccordance with this section, the Utilities Commission may, by\nwritten notice, require the licensee to make good the default and, in\naddition, to pay to the Utilities Commission the amount prescribed\nas a penalty for default.\n(6) An annual licence fee (including any instalment of an annual licence\nfee or any penalty for default) payable under this section is\nrecoverable as a debt due to the Territory.\n(7) In this section:\nadministrative costs means:\n(a) the costs of administration of this Act; and\n(b) other costs prescribed by the Regulations.\nlicensee includes a licensee whose licence has been suspended.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Variation of licence","content":"20 Variation of licence\nvary the terms or conditions of a licence as the Utilities Commission\nconsiders appropriate (but not so as to remove a condition that the\nUtilities Commission is required by this Act to impose on the\nlicence).\n(2) A variation may only be made:\n(a) on application by the licensee or with the licensee's\nagreement; or\n(b) after giving the licensee reasonable notice of the proposed\nvariation and allowing the licensee a reasonable opportunity to\nmake representations about the proposed variation.\n(3) A variation may only be made if the Minister considers it necessary\nto further the objects of this Act.\n\nWater Supply and Sewerage Services Act 2000 10\n(4) A variation cannot override the procedure for amending a code that\napplies to the licence as a condition of the licence.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Transfer of licence","content":"21 Transfer of licence\n(1) A licence may only be transferred with the Utilities Commission's\nagreement.\n(2) The Utilities Commission may impose conditions on the transfer of\na licence, or vary the terms and conditions of the licence on its\ntransfer.\n(3) The Utilities Commission must not agree to the transfer of a licence\nif the transferee would not be entitled to be granted the licence.\n(4) An application for agreement to the transfer of a licence is to:\n(a) be made by the transferor with the consent of the transferee to\nthe Utilities Commission in a form approved by the Utilities\nCommission; and\n(b) contain the information specified in the form.\n(5) The applicant must pay to the Utilities Commission an application\nfee fixed by the Minister of an amount that the Minister considers\nappropriate to meet the reasonable costs of determining the\n(6) The applicant must give the Utilities Commission further relevant\ninformation requested by the Utilities Commission.\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Notice of licence decisions","content":"22 Notice of licence decisions\n(1) The Utilities Commission must give an applicant for a licence, or for\nagreement to the transfer of a licence, written notice of the Utilities\nCommission's decision on the application.\n(2) The Utilities Commission must give a licensee written notice of any\ndecision by the Utilities Commission affecting the terms or\nconditions of the licence.\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Surrender of licence","content":"23 Surrender of licence\n(1) A licensee may surrender his or her licence by written notice given\nto the Utilities Commission.\n(2) The notice must be given to the Utilities Commission at least\n6 months before the surrender is to take effect or, if the licence\nrequires a longer period of notice, as required by the licence.\n\nWater Supply and Sewerage Services Act 2000 11\n(3) The Utilities Commission may, by agreement with the licensee,\nshorten the required period of notice.\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Suspension or cancellation of licence","content":"24 Suspension or cancellation of licence\nsuspend or cancel a licence with effect from a specified date if\nsatisfied that:\n(a) the licensee obtained the licence improperly;\n(b) the licensee had contravened a material condition of the\nlicence or any other requirement imposed by or under this Act\nor any other Act in connection with the operations authorised\nby the licence;\n(c) the licensee has ceased to carry on operations authorised by\nthe licence; or\n(d) there has been any act or default or change of circumstances\nsuch that the licensee would no longer be entitled to be\ngranted the licence.\n(2) The suspension or cancellation of a licence may relate to the whole\nor a part of the licence.\n(3) The suspension of a licence may be for a specified period, or until\nthe fulfilment of specified conditions, or until further order of the\nUtilities Commission.\n(4) Before the Utilities Commission acts under this section, the Utilities\nCommission must:\n(a) notify the licensee in writing of the proposed action specifying\nthe reasons for the proposed action; and\n(b) allow the licensee at least 14 days within which to make\nsubmissions to the Utilities Commission in relation to the\nproposed action.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Register of licences","content":"25 Register of licences\n(1) The Utilities Commission must keep a register of licences granted\nunder this Act.\n(2) The register is to include:\n(a) the terms and conditions of each licence; and\n(b) other information required by the Regulations.\n\nWater Supply and Sewerage Services Act 2000 12\n(3) A person may, without paying a fee, inspect the register.\n","sortOrder":24},{"sectionNumber":"25A","sectionType":"section","heading":"Licence not personal property","content":"25A Licence not personal property\nFor section 8(1)(k) of the Personal Property Securities Act 2009\n(Cth), a licence mentioned in section 13(2) is not personal property\nfor that Act.\nNote for section 25A\nA law of the Commonwealth, a State or a Territory may declare a right, licence or\nauthority granted by or under that law not to be personal property for the\nPersonal Property Securities Act 2009 (Cth).\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Power of exemption","content":"26 Power of exemption\ngrant an exemption from this Act, or specified provisions of this Act,\non terms and conditions the Utilities Commission considers\nappropriate.\n(2) If the Utilities Commission exempts a person from the requirement\nto hold a licence, the Utilities Commission may (without limiting\nsubsection (1)) by conditions of the exemption require that the\nperson is to be treated as a licensee for the purposes of specified\nprovisions of this Act.\n(3) Except as otherwise provided in the exemption, an exemption\nunder subsection (1) may, with the approval of the Minister, be\nvaried or revoked by the Utilities Commission by notice in writing.\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Obligation to comply with conditions of exemption","content":"27 Obligation to comply with conditions of exemption\n(1) A person in whose favour an exemption is given must comply with\nthe terms and conditions of the exemption.\n(2) If a person in whose favour an exemption is given profits from\ncontravention of a term or condition of the exemption, the Utilities\nCommission may recover an amount equal to the profit from the\nperson:\n(a) on application to a court on it finding the person guilty of an\n\nWater Supply and Sewerage Services Act 2000 13\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Register of exemptions","content":"28 Register of exemptions\n(1) The Utilities Commission must keep a register of exemptions\ngranted under this Act.\n(2) A register kept under this section must include the terms and\nconditions of each exemption recorded in it.\n(3) A person may, without paying a fee, inspect a register kept under\nthis section.\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Review of decisions by Utilities Commission","content":"29 Review of decisions by Utilities Commission\n(1) An application may be made to the Utilities Commission:\n(a) by an applicant for the grant or variation of the conditions of a\nlicence or for agreement to transfer a licence – for a review of\nthe decision of the Utilities Commission to refuse the\napplication; or\n(b) by a licensee for a review of the decision to suspend or cancel\nthe licensee's licence or to vary the conditions of the licence.\n(2) An application for a review is to:\n(a) be in writing;\n(b) set out the decision to which the application relates;\n(c) set out in detail the grounds on which the applicant seeks the\nreview and the decision sought on the review;\n(d) be accompanied by any information that the applicant\nconsiders should be taken into account by the Utilities\nCommission on the review; and\n(e) be lodged with the Utilities Commission:\n(i) in the case of a decision relating to a licence or\napplication for a licence – within 14 days after written\nnotice of the decision is given to the licensee or\napplicant; or\n(ii) in the case of a decision to cancel or suspend a licence\nor to vary the conditions of a licence – within 14 days\nafter the decision is given.\n\nWater Supply and Sewerage Services Act 2000 14\n(3) A review must be decided within 4 weeks of the application being\nlodged with the Utilities Commission.\n(4) If a review is not decided within that period, the Utilities\nCommission is to be taken to have confirmed the decision.\n(5) After considering the application, the Utilities Commission may\nconfirm, amend or substitute the decision.\n(6) The Utilities Commission must give the applicant written notice of\nthe Utilities Commission's decision, and the reasons for the\ndecision, on the review.\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Appeal","content":"30 Appeal\n(1) An applicant for review who is dissatisfied with a decision of the\nUtilities Commission on the review may appeal against the decision\nto the Supreme Court.\n(2) An appeal may only be made on the grounds that:\n(a) there has been bias; or\n(b) the facts on which the decision is based have been\nmisinterpreted in a material respect.\n(3) An appeal must be made within 14 days after written notice of the\ndecision appealed against is received or, if the Utilities Commission\nfailed to make a decision on the review within the allowed period,\nwithin 14 days after the end of that period.\n(4) The Utilities Commission or the Supreme Court may stay the\noperation of:\n(a) the Utilities Commission's decision that is the subject of the\nappeal; or\n(b) the original decision that was the subject of the review,\nas the case may require.\n(5) On an appeal, the Supreme Court may:\n(a) confirm the decision under appeal; or\n(b) return the matter to the original decision maker with directions\nthe Court considers appropriate.\n\n","sortOrder":30},{"sectionNumber":"Div 7","sectionType":"division","heading":"Utilities Commission's powers to take over operations","content":"Division 7 Utilities Commission's powers to take over operations\nWater Supply and Sewerage Services Act 2000 15\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Minister's power to intervene","content":"31 Minister's power to intervene\nThe Minister may intervene, personally or by counsel or other\nrepresentative, in a review or appeal under this Division for the\npurpose of introducing evidence or making submissions on any\nquestion relevant to the public interest.\nDivision 7 Utilities Commission's powers to take over\noperations\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Power to take over operations","content":"32 Power to take over operations\n(1) If:\n(a) in the Utilities Commission's opinion, a licensee has\ncontravened a material condition of his or her licence or any\nother requirement of this Act, or a licensee's licence ceases,\nor is to cease, to be in force; and\n(b) it is necessary, in the Utilities Commission's opinion, to take\nover the licensee's operations (or some of them) to ensure\nthat water supply and sewerage services are provided to\ncustomers,\nthe Minister may make a determination under this section.\n(2) Before the Minister makes a determination, the Utilities Commission\nmust give the licensee a reasonable opportunity to make written\nrepresentations giving reasons why the determination should not be\nmade.\n(3) A determination under this section:\n(a) authorises the Utilities Commission to take over the licensee's\noperations or a specified part of the licensee's operations; and\n(b) may contain ancillary directions (and may, in particular,\ncontain directions about how the costs of carrying on the\noperations, and revenue generated from the operations, are to\nbe dealt with).\n(4) A direction under subsection (3)(b) operates to the exclusion of\nrights that are inconsistent with it.\n(5) Not later than 12 months after a determination is made under this\nsection, the Minister, on the advice of the Utilities Commission,\nmust review the decision and the ability of the licensee to resume\noperations under the licence.\n\n","sortOrder":33},{"sectionNumber":"Div 8","sectionType":"division","heading":"Utilities Commission's powers to assess compliance","content":"Division 8 Utilities Commission's powers to assess compliance\nWater Supply and Sewerage Services Act 2000 16\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Appointment of operator","content":"33 Appointment of operator\n(1) When a determination is made under this Part, the Utilities\nCommission must appoint a suitable person (who may, but need\nnot, be a licensee) to take over and carry on the relevant operations\non terms and conditions agreed with the Utilities Commission.\n(2) A person appointed to take over a licensee's operations is referred\nto in this section as the operator.\n(3) The licensee must facilitate the take over of the relevant operations\nby the operator.\n(4) The operator may have access to the water supply and sewerage\nservices infrastructure and other property of the licensee for the\npurposes of carrying on the relevant operations.\n(5) The operator in carrying out the relevant operations must comply\nwith this Act and the conditions of the licence as applying to the\nlicensee as if the operator were the licensee.\n(6) A person must not obstruct the operator's access to property or the\nexercise by the operator of the operator's responsibilities under this\nPart.\n(7) A person must comply with reasonable directions given by the\noperator in the exercise of the operator's responsibilities under this\nPart.\nDivision 8 Utilities Commission's powers to assess\ncompliance\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Power to assess compliance","content":"34 Power to assess compliance\nThe Utilities Commission may review and investigate a licensee's\ncompliance with this Act and the terms and conditions of the\nlicence.\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Appointment of authorised officers","content":"35 Appointment of authorised officers\n(1) The Minister may appoint a person to be an authorised officer.\n(2) An authorised officer may be an employee within the meaning of\nthe Public Sector Employment and Management Act 1993.\n\nDivision 8 Utilities Commission's powers to assess compliance\nWater Supply and Sewerage Services Act 2000 17\n(3) An authorised officer may be assigned by the Minister to assist the\nUtilities Commission as the Minister considers appropriate.\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Conditions of appointment","content":"36 Conditions of appointment\n(1) An authorised officer may be appointed for a stated term or for an\nindefinite term that continues while the officer holds a stated office\nor position.\n(2) An authorised officer holds office on the conditions stated in the\ninstrument of appointment.\n(3) An authorised officer may resign by written notice given to the\nMinister.\n(4) An authorised officer may be removed from office by the Minister.\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Authorised officer's identity card","content":"37 Authorised officer's identity card\n(1) The Minister must give each authorised officer an identity card.\n(2) The identity card must:\n(a) contain a photograph of the authorised officer taken for the\npurpose; and\n(b) be signed by the authorised officer.\n(3) A person must, within 2 days after ceasing to be an authorised\nofficer, return the identity card to the Minister.\n","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Production of identity card","content":"38 Production of identity card\nAn authorised officer must, before exercising a power in relation to\nanother person, produce the officer's identity card for inspection by\nthe other person.\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Power of entry and investigative powers of authorised officers","content":"39 Power of entry and investigative powers of authorised officers\n(1) An authorised officer may, as reasonably required for the purposes\nof the enforcement of this Act, enter and remain in any place.\n(2) Before entering a place under subsection (1), an authorised officer\nmust give notice to the owner or occupier of the place of the\nofficer's intention to enter the place.\n\nWater Supply and Sewerage Services Act 2000 18\n(3) An authorised officer who enters a place under this Part may\nexercise any of the following powers:\n(a) investigate whether the provisions of this Act are being or\nhave been complied with;\n(b) examine and test water supply and sewerage services;\n(c) search for, examine and copy or take an extract from a\ndocument or record of any kind that is reasonably required for\nthe purposes of the enforcement of this Act;\n(d) take photographs or make films or other records of activities in\nthe place and water supply and sewerage services\ninfrastructure, installations or equipment in the place.\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Power to require information","content":"40 Power to require information\n(1) An authorised officer may require a person to provide information in\nthe person's possession relevant to the enforcement of this Act.\n(2) An authorised officer may require a person to produce documents\nin the person's possession that may be relevant to the enforcement\nof this Act for inspection by the authorised officer.\n(3) A person must not, without reasonable excuse, fail to comply with a\nrequirement of an authorised officer under this section.\n(4) A person is not required to give information or produce a document\nunder this section if the answer to the question or the contents of\nthe document would tend to incriminate the person of an offence.\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"Authority and duty to supply","content":"41 Authority and duty to supply\n(1) A licence authorises the licensee to provide water supply or\nsewerage services in accordance with the terms and conditions of\nthe licence.\n\nWater Supply and Sewerage Services Act 2000 19\n(2) A licensee must provide water supply or sewerage services to\ncustomers who own land with an authorised connection to the water\nsupply or sewerage services infrastructure of the licensee.\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Licence conditions","content":"42 Licence conditions\n(1) The Utilities Commission must, on granting a licence, make the\nlicence subject to conditions approved by the Minister requiring the\nlicensee to:\n(a) meet minimum standards of customer service as determined\nfrom time to time by the Minister;\n(b) if the licensee is related to or associated with a business that\noperates in actual or potential competition with unrelated\nbusinesses – keep the business authorised by the licence\nseparate from the related or associated business in the\nmanner and to the extent specified in the conditions;\n(c) develop and publish a customer contract setting out the rights\nand responsibilities of customers and the licensee regarding\nwater supply and sewerage services;\n(d) develop and maintain an asset management plan to ensure\noptimal long-term management and investment in the\nlicensee's infrastructure for the benefit of customers;\n(e) develop and publish codes that are required by this Act to\nconfirm the rights and responsibilities of customers and the\nlicensee regarding matters including land development, asset\nprotection, new connections and trade waste approvals;\n(f) monitor and report to the Utilities Commission on the\nlicensee's levels of compliance with the licence and in\nparticular the minimum standards of service;\n(g) procure an audit, if required by the Utilities Commission, of the\nlicensee's compliance with the terms and conditions of the\nlicence;\n(h) comply with protocols, standards and codes applying to the\nlicensee under this Act;\n(j) demonstrate the licensee's financial or other capacity to\ncontinue operations under the licence;\n(k) notify the Utilities Commission about changes to officers and,\nif applicable, major shareholders of the licensee; and\n\nWater Supply and Sewerage Services Act 2000 20\n(m) comply with the requirements of any scheme approved and\nfunded by the Minister for the performance of community\nservice obligations by licensees.\n(2) The Utilities Commission must, on granting a licence, make the\nlicence subject to further conditions that the Utilities Commission is\nrequired by the Regulations to impose on granting the licence.\n(3) The Utilities Commission may, on granting a licence, make the\nlicence subject to further conditions that are considered appropriate\nby the Utilities Commission and that are approved by the Minister.\n(4) The Utilities Commission must provide to the Minister any\ninformation that the Minister requires in connection with the\nperformance of community service obligations relating to providing\nwater supply or sewerage services.\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Offence to contravene licence conditions","content":"43 Offence to contravene licence conditions\n(1) A licensee must not contravene a condition of the licence.\n(2) If a licensee profits from contravention of a condition of the licence,\nthe Utilities Commission may recover an amount equal to the profit\nfrom the licensee:\n(a) on application to a court on it finding the licensee guilty of an\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Limitation on obligation to provide services","content":"44 Limitation on obligation to provide services\n(1) Despite anything in this Act, a licensee does not have an obligation\nto connect or supply water supply or sewerage services to a\ncustomer's premises if the connection or supply is, or needs to be,\ninterrupted:\n(a) in an emergency;\n(b) for work that needs to be performed without delay to prevent\nan emergency happening;\n(c) by circumstances beyond the licensee's control;\n(d) for work – if it is reasonable to do the work when it is required\nto be done and reasonable notice is given to the customer and\nsupply is restored as soon as practicable;\n\nWater Supply and Sewerage Services Act 2000 21\n(e) after disconnecting a connection that created a hazard – if the\nconnection remains a hazard;\n(f) if this Act otherwise authorises refusal to connect or\nreconnect; or\n(g) if the Regulations provide that the obligation to connect or\nreconnect does not apply.\n(2) Subject to subsection (3), a licensee may restrict or disconnect, or\nrefuse to connect or reconnect, water supply or sewerage services\nto premises of a customer if the customer fails to pay an amount\nowing to the licensee or the customer breaches his or her\nobligations under this Act.\n(3) An action under subsection (2) must be in accordance with the\nprocedures contained in the licensee's customer contract.\n(4) For the purposes of subsection (3), the licensee's customer contract\nmust provide a customer with a right of appeal against the action of\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Minimum standards of service to customers","content":"45 Minimum standards of service to customers\n(1) The Minister may from time to time specify the minimum standards\nthat a licensee must meet in providing water supply or sewerage\nservices to customers.\n(2) Without limiting subsection (1), the minimum standards may\ninclude:\n(a) water quality standards;\n(b) standards of supply (including water pressure and flow); and\n(c) reliability of service.\n(3) The minimum standards are:\n(a) to be at least equivalent to the planned levels of service for\nthose customers prevailing during the year before the\ncommencement of this section;\n(b) to take into account relevant national benchmarks developed\nfrom time to time; and\n(c) to take account of the cost of service delivery in the licence\narea.\n\nWater Supply and Sewerage Services Act 2000 22\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Quality of drinking water","content":"46 Quality of drinking water\n(1) The Chief Health Officer may, for the purposes of ensuring\nminimum standards of drinking water, give directions to a licensee\nregarding emergency precautions that the licensee must implement\nin an emergency.\n(2) A licensee must comply with a direction given to the licensee under\nsubsection (1).\n(3) A licensee must notify the Chief Health Officer as soon as possible\nafter he or she becomes aware of an incident that may adversely\naffect the ability of the licensee to comply with minimum standards\nspecified in respect of drinking water quality standards.\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Customer contract","content":"47 Customer contract\n(1) A licensee must develop a customer contract within the time\nspecified by the Utilities Commission.\n(2) The customer contract is to:\n(a) set out the rights and responsibilities of customers regarding\nthe provision of water supply and sewerage services; and\n(b) include arrangements for dealing with complaints and\nresolving disputes.\n(3) The customer contract:\n(a) is to be published in the Gazette;\n(b) comes into force on the day specified in the notice (being a\nday not earlier than the day on which the notice is published in\nthe Gazette); and\n(c) is contractually binding on the licensee and each customer.\n(4) A licensee must prepare a summary of the customer contract in a\nform approved by the Utilities Commission.\n(5) The licensee must distribute a copy of the summary to each of the\nlicensee's customers.\n\nWater Supply and Sewerage Services Act 2000 23\n(6) A licensee may enter into a special agreement with a person to\nprovide water supply or sewerage services to the person on terms\ndifferent to those provided for in the customer contract or relevant\ncodes on receiving an application from the person.\n(7) If a dispute arises relating to an agreement entered into under\nsubsection (6), the Utilities Commission must arbitrate the dispute.\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Asset management plans","content":"48 Asset management plans\n(1) A licensee must, not later than 12 months after being granted a\nlicence, develop an asset management plan.\n(2) The asset management plan is to ensure optimal arrangements for\ncreating, repairing and replacing the licensee's water supply and\n(3) A licensee must maintain and implement the asset management\nplan throughout the period of the licence.\n(4) A licensee must in each year of the licence submit an updated copy\nof the asset management plan to the Utilities Commission.\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Licensee to monitor compliance","content":"49 Licensee to monitor compliance\n(1) A licensee must monitor his or her compliance with the terms and\nconditions of his or her licence.\n(2) A licensee must monitor his or her performance against the\nminimum standards.\n(3) The methodology for monitoring compliance with the minimum\nwater quality standards is the methodology approved by the Chief\nHealth Officer.\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Compliance reports to be provided","content":"50 Compliance reports to be provided\n(1) A licensee must report to the Utilities Commission on his or her\ncompliance with the terms and conditions of his or her licence and\nthe minimum standards.\n(2) A licensee must report to the Chief Health Officer the results of his\nor her compliance with the minimum water quality monitoring\nprogram.\n(3) The licensee must at least once each year provide to customers\nand other parties information relating to his or her compliance with\nthe terms and conditions of his or her licence.\n\nWater Supply and Sewerage Services Act 2000 24\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Service plans","content":"51 Service plans\n(1) A licensee must make and maintain service plans for the licensee's\nlicence area.\nMaximum penalty: 500 penalty units.\n(2) A service plan is to show:\n(a) in respect of a licence granted in a water supply licence area –\nthe location of water mains, and the position of water mains in\nrelation to each lot of land, in the licence area; and\n(b) in respect of a licence granted in a sewerage service licence\narea – the location of sewers, and the position of sewer mains\nin relation to each lot of land, in the licence area.\n(3) A service plan kept under this section is to be made available to\nany person who wishes to inspect it.\n(4) A person may on paying the prescribed fee make copies of, or take\nextracts from, a service plan kept under this section.\n(5) The prescribed fee is that specified in a pricing order.\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Code for connections, upgrade of connections and increased","content":"52 Code for connections, upgrade of connections and increased\nloads on licensee's infrastructure\n(1) A licensee must, not later than 12 months after being granted a\nlicence, publish a code for connections, upgrade of connections\nand acceptance of increased loads.\n(2) The code for connections, upgrade of connections and acceptance\nof increased loads must be approved by the Minister.\n(3) The code is to specify:\n(a) the rights of a person seeking a connection, upgrade of\nconnection or acceptance of increased load to the licensee's\ninfrastructure; and\n(b) the licensee's approved technical, procedural and charging\nrequirements.\n\nWater Supply and Sewerage Services Act 2000 25\n(4) The code for connections, upgrade of connections and increased\nloads may include:\n(a) a description of the types of activity that require the\nassessment of the licensee under this Act before being\nundertaken;\n(b) technical requirements (such as the specification for the\ndesign and construction of assets);\n(c) procedural requirements (such as the process to be followed\nto obtain the consent and prior approval of the licensee to the\nworks, the transfer of any new assets to the licensee and the\nduties to ensure future access and easements over those\nassets); and\n(d) charging requirements to ensure that the impact of\ndevelopment activity does not impose additional costs on\nexisting customers or the licensee.\n(5) A person undertaking any activity that may impact on the\ninfrastructure or services of a licensee must comply with the\nlicensee's code for connections, upgrade of connections and\nacceptance of increased loads.\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Application for water supply","content":"53 Application for water supply\n(1) An owner of land may apply to a licensee for a water supply in\naccordance with the licensee's code for connections, upgrade of\nconnections and increased loads.\n(2) The charges to be paid by the owner of land for a new connection\nare those prescribed from time to time under a pricing order.\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Application for sewerage service","content":"54 Application for sewerage service\n(1) An owner of land may apply to a licensee for a sewerage service in\naccordance with the licensee's code for connections, upgrade of\nconnections and increased loads.\n(2) The charges to be paid by the owner of land for a new connection\nare those prescribed from time to time under a pricing order.\n\nWater Supply and Sewerage Services Act 2000 26\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Appointment of services officers","content":"55 Appointment of services officers\n(1) A licensee may, subject to conditions determined by the Minister,\nappoint a person to be a services officer for the licensee.\n(2) A services officer may only exercise powers under this Act subject\nto the conditions of his or her appointment and any directions given\nto the officer by the licensee.\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Conditions of appointment","content":"56 Conditions of appointment\n(1) A services officer may be appointed for a stated term or for an\nindefinite term that continues while the officer holds a stated office\nor position.\n(2) A services officer may be removed from office by the licensee.\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Services officer's identity card","content":"57 Services officer's identity card\n(1) A licensee must give each services officer appointed by the\nlicensee an identity card.\n(2) The identity card is to be in a form approved by the Minister and is\nto:\n(a) contain a photograph of the services officer taken for the\npurpose;\n(b) be signed by the services officer; and\n(c) identify the services officer as a services officer for the\n(3) A person must, within 2 days after ceasing to be a services officer,\nreturn the identity card to the licensee.\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Production of identity card","content":"58 Production of identity card\nA services officer must, before exercising a power in relation to\nanother person, produce the officer's identity card for inspection by\nthe other person.\n\nWater Supply and Sewerage Services Act 2000 27\nDivision 7 Power of licensee to charge\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Rights to charge","content":"59 Rights to charge\n(1) A licence confers on the licensee a right to charge for water supply\nservices, sewerage services and related services that are supplied\nto customers under the licence.\n(2) The charges referred to in subsection (1) are those from time to\ntime prescribed under a pricing order.\n(3) A licensee may require the owner of land that is within the licence\narea that is not connected to a sewer (but to which a sewer is\navailable for connection) to pay a sewerage charge.\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Pricing orders for water supply and sewerage services","content":"60 Pricing orders for water supply and sewerage services\n(1) The Minister may issue an order:\n(a) regulating prices for the sale of water supply and sewerage\nservices to a licensee's customers or customers of a\nprescribed class;\n(b) regulating prices for the sale of other goods and services to a\nlicensee's customers by a licensee with an effective monopoly\nin the sale of those goods and services; and\n(c) specifying the principles to be applied by a licensee when\nestablishing any capital contribution to apply in respect to\nupgrading, augmenting or extending the licensee's\ninfrastructure.\n(2) A pricing order may regulate prices in any manner the Minister\nconsiders appropriate including:\n(a) fixing a price or the rate of increase or decrease in a price;\n(b) fixing a maximum price or maximum rate of increase or\nminimum rate of decrease in a maximum price;\n(c) fixing an average price for specified goods or services or an\naverage rate of increase or decrease in an average price;\n(d) specifying an amount determined by reference to a general\nprice index, the cost of production, a rate of return on assets\nemployed or any other specified factor;\n\nWater Supply and Sewerage Services Act 2000 28\n(e) specifying an amount determined by reference to quantity,\nlocation, period or other specified factor relevant to the sale of\nspecified goods or services;\n(f) specifying pricing policies or principles; and\n(g) fixing a maximum revenue, or maximum rate of increase or\nminimum rate of decrease in maximum revenue, in relation to\nspecified goods or services.\n(3) A pricing order may provide that a calculation is to be performed, or\na matter is to be determined, by the Utilities Commission in a\nmanner specified by the order.\n(4) A pricing order:\n(a) takes effect on a date specified in the order; and\n(b) remains in force for not longer than 5 years or, in respect of\nthe first pricing order issued, not longer than 3 years.\n(4A) The date specified, under subsection (4)(a), in a pricing order may\nbe a date earlier than the date the order is made if the order has the\neffect of regulating prices in a manner that does not increase a\nprice from the order previously in force.\n(5) Notice of the making of a pricing order must be published:\n(a) in the Gazette; and\n(b) in a newspaper circulating generally in the Territory.\n(6) The notice must include a brief description of the nature and effect\nof the pricing order and state how a copy of the order may be\ninspected or purchased.\n(7) The Minister must:\n(a) send a copy of a pricing order to each licensee to which the\norder applies; and\n(b) ensure that copies of the order are available for inspection and\npurchase by members of the public.\n(8) A licensee must comply with a pricing order or part of a pricing\norder that applies to the licensee.\n\nWater Supply and Sewerage Services Act 2000 29\n(9) The Utilities Commission must:\n(a) perform any functions that a pricing order contemplates will be\nperformed by the Utilities Commission for the purposes of the\norder; and\n(b) enforce a pricing order under section 23 of the Utilities\nCommission Act 2000 in the same way as if it were a\ndetermination of the Utilities Commission under that Act.\n(10) The Utilities Commission's powers under this Division and the\nUtilities Commission Act 2000 are restricted to the extent specified\nin a pricing order.\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Water supply and sewerage services extension areas","content":"61 Water supply and sewerage services extension areas\n(1) The Minister may, by notice in the Gazette, declare an area to be a\nwater supply services extension area or sewerage services\nextension area.\n(2) If the Minister declares an area to be a water supply services\nextension area or sewerage services extension area, the owner of\neach parcel of land within the area is liable to pay to the licensee\nwhose licence area includes the water supply services extension\narea or sewerage services extension area a financial contribution\ntowards the cost of extending water supply services or sewerage\nservices in the area.\n(3) The liability under subsection (2) exists despite that an owner does\nnot elect to have water supply services or sewerage services\nsupplied by the licensee for use on the land.\n(4) An owner and a licensee referred to in subsection (2) may enter\ninto an agreement relating to the conditions on or subject to which\nwater supply services or sewerage services will be supplied by the\nlicensee for use on the land.\n(5) The balance from time to time outstanding of an amount referred to\nin subsection (2) is an overriding statutory charge, within the\nmeaning of the Land Title Act 2000, on the parcel of land.\n(6) The owner of a parcel of land who is liable as referred to in\nsubsection (2) must not transfer the land to another person unless\nhe or she has first paid to the licensee the amount of the liability\noutstanding at the date of the transfer and, for the purposes of\ncalculating the liability, any amount payable in accordance with\nsubsection (2) becomes due and payable in full immediately before\nthe proposed transfer despite that, but for this subsection, it would\nnot become due and payable until a later date.\n\nWater Supply and Sewerage Services Act 2000 30\n(7) The financial contribution referred to in subsection (2) is the amount\ndetermined in accordance with the charging principles specified in a\npricing order.\n(8) In this section, parcel of land means the whole of the land the\nsubject of a separate certificate as to title registered under the Land\nTitle Act 2000.\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Notice of operations and entry for new works","content":"62 Notice of operations and entry for new works\n(1) A licensee may, not earlier than 14 days after a declaration under\nsection 8 or 9 is made, serve a notice on:\n(a) the owner of land within the licence area; and\n(b) if the owner does not reside on the land – the occupier of the\nland,\nstating that the licensee proposes to commence surveying or\nundertaking other operations specified in the notice in connection\nwith planning, designing or constructing water supply or sewerage\nservices infrastructure on the land.\n(2) A licensee may, not less than 14 days after a notice under\nsubsection (1) is served, enter on the land (with or without\nemployees, machinery, plant and materials) and perform any act\nnecessary or convenient for or incidental to the purpose of\nsurveying, planning, designing or constructing the water supply or\n(3) The owner of land that is entered on under subsection (2), and any\nperson occupying the land, must give all assistance reasonably\nrequired by the licensee in providing access for his or her\nemployees, machinery, plant and materials in or in connection with\ntheir carrying out work under this section.\n(4) In carrying out work under this section, a licensee must ensure that:\n(a) as little damage as practicable is caused to the land; and\n(b) on completing the work – the land is restored as nearly as is\nreasonably practicable to the condition that it was in before the\nwork commenced.\n(5) If the owner or occupier of land entered on under subsection (2)\nsuffers loss or damage because of the negligent exercise of the\npowers conferred by this section, he or she may claim\ncompensation from the licensee for the loss or damage suffered as\n\nWater Supply and Sewerage Services Act 2000 31\na result of the exercise of the power.\n(6) A person must not obstruct a licensee in the exercise of his or her\npowers conferred by this section.\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Power to carry out work on public land","content":"63 Power to carry out work on public land\n(1) Subject to this section and the Planning Act 1999, a licensee may:\n(a) install water supply or sewerage services infrastructure on\npublic land;\n(b) operate, maintain, repair, alter, add to, remove or replace\nwater supply or sewerage services infrastructure on public\nland; or\n(c) carry out other work on public land, including excavating the\nland, relating to the supply of water supply or sewerage\nservices.\n(2) Subject to this section, a licensee must:\n(a) give the agency responsible for managing the public land not\nless than 7 days notice of the licensee's intention to carry out\nwork on the land; and\n(b) obtain the agency's agreement to the work that is to be carried\nout.\n(3) Subsection (2) does not apply in an emergency or if urgent works\nare required to protect the safety of the water supply or sewerage\nservices, the public or infrastructure.\n(4) An agreement under this section may contain conditions that the\nagency considers appropriate in the public interest.\n(5) If a dispute arises between the licensee and the agency about\nwhether work should be permitted to be carried out or about the\nconditions on which it should be permitted, either party to the\ndispute may refer the dispute to the Minister.\n\nWater Supply and Sewerage Services Act 2000 32\n(6) If a dispute is referred to the Minister, the Minister must:\n(a) allow the parties to the dispute the opportunity to make\nrepresentations to the Minister on the questions at issue in the\ndispute; and\n(b) make a reasonable attempt to get the parties to agree to\nsettling the dispute on agreed terms.\n(7) If the Minister cannot get the parties to agree, the Minister may:\n(a) order that the work is permitted to be carried out on the land\nand may determine the conditions on which the work is to be\ncarried out; or\n(b) order that the work is not permitted to be carried out.\n(8) A licensee must make good any damage caused by the exercise of\npowers under this section as soon as practicable or pay reasonable\ncompensation for the damage.\n(9) This section does not derogate from the obligation to comply with\nthe provisions of any other Act.\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Easements","content":"64 Easements\n(1) A licensee may acquire an easement to construct a sewer or to lay\nwater mains or pipes.\n(2) If a building, structure or other improvement on land has been\nconstructed over a sewer or water main, or within an easement\narea, the licensee may by written notice direct the owner of the land\nto remove the building, structure or other thing within the period\nspecified in the notice.\n(3) If a person on whom a notice under subsection (2) is served does\nnot comply with the notice within the specified period, the licensee\nmay authorise a person to enter the land (with employees,\nmachinery, plant and materials) to carry out the work specified in\nthe notice.\n(4) Costs incurred in carrying out the work necessary to comply with\nthe notice under subsection (2) may be recovered from the owner\nof the land as a debt due and payable to the licensee.\n\nWater Supply and Sewerage Services Act 2000 33\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Entry for purposes related to infrastructure","content":"65 Entry for purposes related to infrastructure\n(1) A services officer may enter land to inspect, test, maintain, repair or\nreplace any water or sewerage services infrastructure belonging to\n(2) Subject to this section, if a services officer seeks to enter land\nunder rights conferred on the licensee by a statutory or other\neasement relating to infrastructure situated on the land, the officer\nmust give reasonable written notice to the occupier of the land\nstating the reason and the date and time of the proposed entry.\n(3) If the proposed entry is refused or obstructed, a services officer\nmay obtain a warrant under Part 6 to enter the land.\n(4) In an emergency, a services officer may exercise a power of entry\nreferred to in this section:\n(a) at any time and without notice if it is not practicable to give the\nnotice; and\n(b) if necessary in the circumstances – by the use of reasonable\nforce.\n(5) A services officer cannot enter a place under a warrant unless\naccompanied by a member of the Police Force.\n(6) A licensee must make good any damage caused by force in an\nemergency (other than if force is used under a warrant obtained in\naccordance with subsection (3)) as soon as practicable or pay\nreasonable compensation for the damage.\nMaximum penalty: 500 penalty units.\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Entry to inspect, etc., water and sewerage services","content":"66 Entry to inspect, etc., water and sewerage services\ninstallations\n(1) A services officer may, at any reasonable time, enter and remain in\na place to which water supply or sewerage services are, are to be,\nor have been, supplied by the licensee:\n(a) to inspect and test water supply or sewerage services\ninstallations within the place that are connected or may be\nconnected to the water supply or sewerage services\ninfrastructure of the licensee and that may, in the opinion of\nthe officer, create a hazard to the licensee's infrastructure or\nto the continued health or security of supply of other\ncustomers; or\n\nWater Supply and Sewerage Services Act 2000 34\n(b) to investigate suspected theft of water or effluent.\n(2) In an emergency or if urgent works are required to protect the\nsafety of water supply or sewerage services, the public or\ninfrastructure, a services officer may exercise a power of entry\nunder this section at any time and, if necessary in the\ncircumstances, by the use of reasonable force.\n(3) When a services officer enters a place under this section, the\nofficer:\n(a) may be accompanied by such assistants as the officer\nconsiders necessary or appropriate; and\n(b) may take any vehicles or equipment the officer considers\nnecessary or appropriate for the functions the officer is to\ncarry out in the place.\n(4) If, in the opinion of a services officer, a water supply or sewerage\nservices installation in a place creates a hazard to the licensee's\ninfrastructure, the health of customers or to the security of supply to\ncustomers, the officer may do the following:\n(a) disconnect the water supply or sewerage services to the place\nuntil the hazard is removed;\n(b) direct the owner or occupier of the place to carry out work on\nthe installation to remove the hazard.\n(5) In this section, water supply or sewerage services installations\nmeans assets that are connected to, or are capable of being\nconnected to, the water supply or sewerage services infrastructure\nof the licensee.\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"Entry to disconnect service","content":"67 Entry to disconnect service\nIf a services officer has proper authority to disconnect water supply\nor sewerage services to a place in accordance with this Act, the\nofficer may, at any reasonable time, enter and remain in the place\nto disconnect the water supply or sewerage services to the place.\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"Disconnection of service if entry refused","content":"68 Disconnection of service if entry refused\n(1) If a services officer seeks to enter a place under this Division and\nentry is refused or obstructed, the licensee may, by written notice to\nthe occupier of the place, ask for consent to enter the place.\n(2) The notice must state the reason and the date and time of the\nproposed entry.\n\nWater Supply and Sewerage Services Act 2000 35\n(3) If entry is again refused or obstructed, the licensee may:\n(a) if it is possible to do so – disconnect the water supply or\nsewerage services to the place without entering the place; or\n(b) if not – obtain a warrant under Part 6 to enter the place for the\npurpose of disconnecting the water supply or sewerage\nservices and enter the place under the warrant and disconnect\nthe water or sewerage services.\n(4) A services officer may not enter a place under a warrant unless\naccompanied by a member of the Police Force.\n(5) The licensee must restore the water supply or sewerage services if:\n(a) the occupier:\n(i) consents to the proposed entry; and\n(ii) pays outstanding fees and accounts; and\n(b) the connection is no longer a hazard to the licensee's\ninfrastructure or to the continued health or security of supply of\nother customers.\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"Direction to repair house drain","content":"69 Direction to repair house drain\n(1) A licensee may, by written notice, direct the owner of land to repair\na house drain on the land that the licensee believes is allowing\nstormwater or other substances to enter the drain.\n(2) The notice is to specify the time within which the owner must\ncomply with the notice.\n(3) The costs of repairing the house drain are to be paid by the owner.\n(4) If an owner of land who is given a notice under this section fails to\ncomply with the notice, the licensee may authorise a person to\nenter (with or without employees, vehicles, plant, equipment or\nmaterials) on the land and carry out the repairs specified in the\nnotice.\n\nWater Supply and Sewerage Services Act 2000 36\n(5) The costs of repairs carried out under subsection (4) may be\nrecovered from the owner as a debt due and payable to the\n(6) In this section, house drain means a line of pipes on land (whether\nabove or below ground level) that:\n(a) are not the property of the licensee; and\n(b) are intended to convey sewage or trade waste to the\nlicensee's sewer,\nand includes fittings and equipment generally external to any\nbuilding on the land.\n","sortOrder":71},{"sectionNumber":"70","sectionType":"section","heading":"Trees and shrubs","content":"70 Trees and shrubs\n(1) If:\n(a) trees, crops or shrubs are located within 1.5 metres either side\nof the centreline of any water supply infrastructure or\nsewerage services infrastructure and it is necessary for a\nlicensee to gain access to the water supply infrastructure or\nsewerage services infrastructure; or\n(b) trees, crops or shrubs pose a danger to works that are\nrequired to be undertaken on any water supply infrastructure\nor sewerage services infrastructure,\nthe licensee may, without notice, cause the trees, crops or shrubs\nto be removed.\n(2) A licensee who causes trees, crops or shrubs to be removed under\nsubsection (1):\n(a) is not required to restore to its previous standard the area from\nwhich the trees, crops or shrubs were removed; and\n(b) is not liable to pay compensation for removing the trees, crops\nor shrubs.\n(3) If damage to or blockage of any water supply infrastructure or\nsewerage services infrastructure has been caused by a tree, a\nlicensee may, by written notice, to the owner of the land on which\nthe tree is growing:\n(a) require the owner to remove:\n(i) the tree and the roots; or\n\nWater Supply and Sewerage Services Act 2000 37\n(ii) the part of the roots,\nthat are causing the damage or blockage; and\n(b) require the owner to repair the sewerage services\ninfrastructure and restore the surface conditions of the land\nand adjoining land, if necessary.\n(4) The notice is to specify the time within which the owner must\ncomply with the notice.\n(5) The costs of complying with the notice are to be paid by the owner.\n(6) If an owner elects to remove the roots of a tree only under\nsubsection (3)(a)(ii), the owner must give an undertaking in writing\nthat he or she is responsible for paying any costs incurred due to a\nrecurrence of the damage or blockage caused by roots of the same\ntree.\n(7) If the person given the notice does not comply with it, the licensee\nmay authorise a person to enter the land (with or without\nemployees, vehicles, plant, equipment or materials) and remove the\ntree.\n(8) The cost of removing a tree under subsection (7) is a debt due and\npayable by the owner of the land to the licensee.\n","sortOrder":72},{"sectionNumber":"71","sectionType":"section","heading":"Meters","content":"71 Meters\n(1) A licensee may, for the purpose of measuring the amount of water\nsupplied to a customer, install a meter on the land to which the\nwater supply is made available or in any other location, as the\nlicensee thinks fit.\n(2) A meter is and remains the property of the licensee.\n(3) A customer to whom a water supply is made available through a\nmeter may be required to reimburse the licensee the cost or\nexpense incurred in repairing or replacing it.\n(4) A meter that is installed on land under this section must comply with\nthe National Measurement Act 1960 of the Commonwealth.\n(5) A licensee may at any time remove or replace a meter that is\ninstalled on land under this section.\n\nWater Supply and Sewerage Services Act 2000 38\n","sortOrder":73},{"sectionNumber":"72","sectionType":"section","heading":"Metering code","content":"72 Metering code\n(1) A licensee must develop and publish a code setting out the\narrangements and conditions for installing, testing, verifying and\nreplacing meters owned by the licensee.\n(2) A metering code must be approved by the Utilities Commission.\n(3) A metering code must be in accordance with guidelines published\nby the National Standards Commission.\n","sortOrder":74},{"sectionNumber":"73","sectionType":"section","heading":"Portable meter","content":"73 Portable meter\n(1) A licensee may issue to a person a portable meter that is not\nattached to the licensee's water supply infrastructure.\n(2) The conditions on which a portable meter will be issued and the\nconditions relating to its use are to be contained in the licensee's\nmetering code.\n(3) The charge for using a portable meter is to be prescribed from time\nto time under a pricing order.\n","sortOrder":75},{"sectionNumber":"74","sectionType":"section","heading":"Access to meter","content":"74 Access to meter\n(1) A customer to whom a water supply is made available through a\nmeter installed by a licensee on land must ensure that it remains\naccessible to the licensee in accordance with the licensee's\nmetering code.\n(2) If a licensee is unable to read, inspect or repair a meter installed on\nland, or to gain access to or otherwise work on the meter, the\nlicensee may, by written notice, require the customer to whom the\nwater supply is made available through the meter:\n(a) to remove the obstruction preventing access to the meter; or\n(b) to specify a time during normal working hours when access to\nthe meter will be given.\n(3) A person who under subsection (2) is required to remove an\nobstruction must remove the obstruction within 14 days of the\nnotice being given.\n\nWater Supply and Sewerage Services Act 2000 39\n","sortOrder":76},{"sectionNumber":"75","sectionType":"section","heading":"Power to assess consumption","content":"75 Power to assess consumption\n(1) A licensee may assess the quantity of water supplied to land or\nthrough a portable meter in circumstances set out in the metering\ncode.\n(2) The licensee must give the customer to whom the water supply is\nmade available through the meter or the user of the portable meter\nat least 14 days notice of the licensee's intention to make an\nassessment and must state the reason why the assessment is to be\nmade.\n","sortOrder":77},{"sectionNumber":"76","sectionType":"section","heading":"Disputed consumption","content":"76 Disputed consumption\n(1) A customer to whom a water supply is made available through a\nmeter to land may apply in writing to the licensee for the meter\nthrough which the water is supplied to the land to be tested.\n(2) The procedures for testing a meter are to be set out in the\nlicensee's customer contract.\n","sortOrder":78},{"sectionNumber":"77","sectionType":"section","heading":"Entry to read meters, etc.","content":"77 Entry to read meters, etc.\nA services officer may, at any reasonable time, enter and remain in\na place to which water supply or sewerage services are, or are to\nbe, supplied by the licensee:\n(a) to read, or check the accuracy of, a meter for recording\nconsumption of water or disposal of waste water; or\n(b) to install, repair or replace meters or other equipment as\nrequired.\n","sortOrder":79},{"sectionNumber":"78","sectionType":"section","heading":"Installation of meter","content":"78 Installation of meter\nUnless otherwise authorised by the licensee, a person, other than\nthe licensee or a services officer must not test, install, repair,\nremove or replace a meter.\n\nWater Supply and Sewerage Services Act 2000 40\n","sortOrder":80},{"sectionNumber":"79","sectionType":"section","heading":"Licensee may cut off water supply and sewerage services to","content":"79 Licensee may cut off water supply and sewerage services to\navert danger\nA licensee may, without incurring any liability, cut off water supply\nor sewerage services to any region, area, land or place if it is, in the\nlicensee's opinion, necessary to avert danger to person or property.\n","sortOrder":81},{"sectionNumber":"80","sectionType":"section","heading":"Water supply or sewerage services restrictions","content":"80 Water supply or sewerage services restrictions\n(1) The Minister may, by notice, restrict the consumption of water or\nuse of sewerage services in respect of the whole or a specified part\nof the Territory in the manner and for the period that he or she\nspecifies in the notice.\n(2) A notice under subsection (1) is to specify:\n(a) the period during which;\n(b) the manner in which; and\n(c) the purposes in respect of which,\nthe consumption of water or the use of sewerage services is to be\nrestricted or regulated.\n(3) A person must comply with and not contravene a notice issued\nunder this section.\n","sortOrder":82},{"sectionNumber":"81","sectionType":"section","heading":"Emergency legislation not affected","content":"81 Emergency legislation not affected\nNothing in this Act affects the exercise of any power, or the\nobligation of a licensee to comply with any direction, order or\nrequirement, under the Emergency Management Act 2013 or the\nEssential Goods and Services Act 1981.\n\nWater Supply and Sewerage Services Act 2000 41\n","sortOrder":83},{"sectionNumber":"82","sectionType":"section","heading":"Approval required to discharge trade waste","content":"82 Approval required to discharge trade waste\n(1) A person must not discharge trade waste into a licensee's\nsewerage services infrastructure except with the written approval of\n(2) A licensee may give a person an approval to discharge trade waste\ninto the licensee's sewerage services infrastructure if satisfied that:\n(a) the discharge will not harm the licensee's sewerage services\ninfrastructure, treatment processes, the environment or the\nhealth or safety of anyone working on the licensee's sewerage\nservices infrastructure or treatment processes, or the public at\nlarge;\n(b) accepting the discharge will not adversely affect opportunities\nfor the reasonable re-use of bio-solids or treated effluent from\ntreatment processes; and\n(c) the sewerage services infrastructure and treatment processes\nhave sufficient capacity to collect, convey and treat the trade\nwaste.\n","sortOrder":84},{"sectionNumber":"83","sectionType":"section","heading":"Trade waste code","content":"83 Trade waste code\n(1) A licensee must publish a code setting out the conditions on which\nthe licensee will approve trade waste being discharged into the\nlicensee's sewerage services infrastructure.\n(2) A trade waste code may include any of the following:\n(a) acceptance guidelines for the characteristics of trade waste\nthat may be discharged;\n(b) the form and content of standard trade waste approvals;\n(c) the circumstances under which the terms of an approval may\nbe amended;\n(d) the period for which approvals will remain in force;\n\nWater Supply and Sewerage Services Act 2000 42\n(e) pre-treatment controls that will be required for specified trade\nwaste discharges;\n(f) arrangements that will be required to ensure effective\nmonitoring of the conditions of an approval;\n(g) the methodology that will be used for calculating charges for\nthe acceptance of trade waste discharges, including both\ncompliant and non-compliant discharges;\n(h) dispute resolution procedures (including the right to seek\narbitration though the Utilities Commission).\n(3) The charges referred to in subsection (2)(g) are those from time to\ntime prescribed under a pricing order.\n(4) A trade waste code must be approved by the Utilities Commission.\n","sortOrder":85},{"sectionNumber":"84","sectionType":"section","heading":"Licensee may impose conditions","content":"84 Licensee may impose conditions\n(1) An approval given under this Part is subject to conditions\ndetermined by the licensee.\n(2) Conditions may relate to the paying of charges and the discharging\nof trade waste in accordance with the licensee's trade waste code.\n(3) A person to whom an approval under this Part is given must comply\nwith the conditions of the approval.\n","sortOrder":86},{"sectionNumber":"85","sectionType":"section","heading":"Suspension or cancellation of approval","content":"85 Suspension or cancellation of approval\nA licensee may suspend or cancel an approval given under this\nPart for any of the following reasons:\n(a) the person to whom the approval is given has contravened a\ncondition of the approval;\n(b) the person to whom the approval is given has contravened a\nprovision of this Act;\n(c) to protect public health or safety, to prevent environmental\nharm or to prevent damage to the licensee's sewerage\nservices infrastructure.\n\nWater Supply and Sewerage Services Act 2000 43\n","sortOrder":87},{"sectionNumber":"86","sectionType":"section","heading":"Maintenance and repair of sewer","content":"86 Maintenance and repair of sewer\n(1) A licensee may, in order to construct, maintain or repair a sewer, in\nwriting, direct the person to whom an approval under this Part is\ngiven not to discharge trade waste (or a type of trade waste) for the\nperiod specified in the notice.\n(2) If a sewer needs to be maintained or repaired:\n(a) due to an emergency; or\n(b) if an overflow of the sewer is likely to occur,\nthe licensee may direct the person to whom an approval under this\nPart is given not to discharge trade waste into the licensee's\nsewerage services infrastructure until notified by the licensee.\n(3) The licensee must give a direction under this section to the person\nto whom the approval is given at the earliest opportunity.\n(4) A person who is given a direction under this section cannot claim\ncompensation in respect of any loss or damage as a result of a\nrequirement contained in the direction.\n(5) A person who is given a direction under this section must comply\nwith and not contravene the direction.\n","sortOrder":88},{"sectionNumber":"87","sectionType":"section","heading":"Recovery of costs","content":"87 Recovery of costs\nA licensee may recover from a person to whom an approval under\nthis Part is given costs incurred by the licensee in repairing or\nmaintaining the licensee's sewerage services infrastructure if the\ncosts are attributable to the person's failure to comply with the\napproval.\n\nWater Supply and Sewerage Services Act 2000 44\n","sortOrder":89},{"sectionNumber":"Div 2","sectionType":"division","heading":"Prohibited discharge","content":"Division 2 Prohibited discharge\n","sortOrder":90},{"sectionNumber":"88","sectionType":"section","heading":"Prohibited discharge","content":"88 Prohibited discharge\n(1) Except with the written approval of the licensee, a person must not\nthrow, deposit or discharge, or cause or permit to be thrown,\ndeposited or discharged, into the licensee's sewer or an opening,\npipe or receptacle connected to the sewer:\n(a) storm water;\n(b) water discharged from a swimming pool; or\n(c) any other object or substance that is not domestic sewage.\n(2) In subsection (1)(c), domestic sewage means liquid or liquid-borne\nwaste discharged to a sewer from a toilet, shower, hand basin, sink,\nhousehold washing tub or similar fixture.\n","sortOrder":91},{"sectionNumber":"89","sectionType":"section","heading":"Change of customer account details","content":"89 Change of customer account details\n(1) The owner of land provided with water supply or sewerage services\nmust notify the licensee of any change in ownership or customer\ndetails as provided for in the licensee's customer contract.\n(2) The owner of land provided with sewerage services to\nnon-residential premises must notify the licensee of any change in\nthe number of sanitary fixture units.\n\nWater Supply and Sewerage Services Act 2000 45\n","sortOrder":92},{"sectionNumber":"90","sectionType":"section","heading":"Tampering or wilful damage to property of licensee","content":"90 Tampering or wilful damage to property of licensee\n(1) A person must not, without lawful excuse, remove, repair,\nexchange, alter, tamper or wilfully or negligently damage or destroy\nany assets that form part of the water supply or sewerage services\ninfrastructure of a licensee.\n400 penalty units or imprisonment for\n2 years.\nIn the case of a corporation – 2 000 penalty\n(2) A person found guilty of an offence against subsection (1) is liable\nto pay to the licensee an amount by way of damages for any loss\nincurred by the licensee as a result of the person's actions and the\ncost of repairing or replacing the damaged property in addition to\nany penalty that may be imposed.\n","sortOrder":93},{"sectionNumber":"91","sectionType":"section","heading":"Connections to licensee's infrastructure","content":"91 Connections to licensee's infrastructure\n(1) A person must not make a connection to or undertake work on a\nlicensee's water supply or sewerage services infrastructure except\nwith the written approval of the licensee.\n(2) A licensee is not liable for the cost of connection to the water supply\nor sewerage services infrastructure of the licensee.\n","sortOrder":94},{"sectionNumber":"92","sectionType":"section","heading":"Cross-connections","content":"92 Cross-connections\n(1) A person must not:\n(a) cause or permit an indirect cross-connection to a licensee's\nwater supply infrastructure except in accordance with the\nNational Plumbing and Drainage Code; or\n\nWater Supply and Sewerage Services Act 2000 46\n(b) cause or permit a direct cross-connection to a licensee's water\nsupply infrastructure except with the written approval of the\n(2) The existence on land of a pipe or other means of connection used\nfor cross-connecting a licensee's water supply infrastructure with\nanother water supply is prima facie evidence that the connection\nhas been made with the knowledge of the owner of the land.\n(3) In this section:\ncross-connection means a connection or arrangement (physical\nor otherwise) either directly or indirectly between a licensee's water\nsupply infrastructure and a fixture, storage tank, receptacle,\nequipment or device through which it may be possible for non-\npotable, used, unclean, polluted or contaminated water, or any\nother substance, to enter any part of the licensee's water\ninfrastructure under any conditions.\nNational Plumbing and Drainage Code means Australian\nStandard AS 3500 (as in force from time to time) published on\nbehalf of Standards Australia Limited ACN 087 326 690 or the\nStandards Association of Australia as constituted before\n","sortOrder":95},{"sectionNumber":"93","sectionType":"section","heading":"Building over infrastructure","content":"93 Building over infrastructure\n(1) A person must not construct, or cause or permit to be constructed,\na building or structure:\n(a) over an easement granted for the use and benefit of a\nlicensee; or\n(b) if no easement exists – within 1.5 metres either side of the\ncentreline of a sewer or water main of a licensee,\nunless the licensee's written approval to construct the building or\nstructure has been obtained.\n\nWater Supply and Sewerage Services Act 2000 47\n(2) An approval under subsection (1) may specify the manner in which\nor the materials out of which the building or structure may be\nconstructed.\n(3) A person to whom an approval is given under this section must\ncomply with the specifications and other conditions to which the\napproval is subject.\n(4) A licensee may agree with a person requesting an approval under\nthis section that, on the person paying the cost, the licensee will\ncarry out the work of diverting or relocating the sewer or water main\ninstead of approving the application.\n(5) A licensee may approve a building or structure being constructed\nunder this section on the condition that the building or structure is\nimmediately removed:\n(a) by the owner at the request of the licensee; or\n(b) by the licensee at the expense of the owner,\nwhen access is required to the water supply infrastructure or\n","sortOrder":96},{"sectionNumber":"94","sectionType":"section","heading":"Access chambers","content":"94 Access chambers\n(1) A licensee may cause an access chamber to be placed on land\nwithout having to pay compensation for the land or easement and\nthe access chamber is to be taken to form part of the sewerage\nservices infrastructure of the licensee.\n(2) The owner or occupier of land on which an access chamber has\nbeen placed must not, without obtaining the written approval of the\nlicensee, alter or cause or permit to be altered the level of the\nground surrounding the access chamber.\n\nWater Supply and Sewerage Services Act 2000 48\n(3) A person must not:\n(a) erect, or cause or permit to be erected, a building or structure\nover an access chamber; or\n(b) enclose, or cause or permit to be enclosed, an access\nchamber in a yard or pen used to retain birds or animals.\n(4) If a person contravenes or fails to comply with subsection (2) or (3),\nthe licensee or a person authorised by the licensee for the purpose\nmay, on giving reasonable notice to the owner and occupier of the\nland or, if in the licensee's opinion the circumstances require,\nwithout giving notice, enter on the land and, as the case requires:\n(a) remove the soil or other material surrounding the access\nchamber or raise the height of the access chamber;\n(b) remove the building or structure erected over the access\nchamber; or\n(c) remove the fencing or other material enclosing the access\nchamber.\n(5) The cost of carrying out an action under subsection (4) may be\nrecovered from the owner of the land as a debt due and payable to\n","sortOrder":97},{"sectionNumber":"95","sectionType":"section","heading":"Unauthorised use of water or effluent","content":"95 Unauthorised use of water or effluent\n(1) A person must not, without the written approval of the licensee, use\n(whether on the person's land or elsewhere) a device or fitting\nintended to divert or abstract water or effluent from the licensee's\nwater supply or sewerage services infrastructure in a manner that\nthe water or effluent used by the person is not recorded on a meter\nowned by the licensee.\n\nWater Supply and Sewerage Services Act 2000 49\n(2) In a prosecution for an offence against subsection (1), the existence\nof a pipe, hose, device or fitting leading from a point in the service\npipe to a person's land to a point on the person's land is prima facie\nevidence that water was diverted by the person.\n(3) On finding a person guilty of an offence against this section, a\ncourt:\n(a) may order the person to pay to the licensee an amount that\nthe licensee considers reasonable by way of damages; and\n(b) for that purpose – may require the licensee to submit a written\nestimate of the amount of water unlawfully diverted or\nabstracted by the offender.\n(4) This section does not apply to the use of water to fight a fire.\n","sortOrder":98},{"sectionNumber":"96","sectionType":"section","heading":"Tapping main or drawing off water","content":"96 Tapping main or drawing off water\n(1) A person must not, without the written approval of the licensee:\n(a) tap a water main or connect a private service to a water main\nof the licensee; or\n(b) draw off water from a reservoir, dam, aqueduct, tank, pipe,\nhydrant or other works the property of the licensee.\n(2) Subsection (1)(b) does not apply to drawing off water to fight a fire.\n","sortOrder":99},{"sectionNumber":"97","sectionType":"section","heading":"Wasting water","content":"97 Wasting water\n(1) A person must not waste water.\n(2) Subsection (1) applies despite that the use of the water is otherwise\nlawful.\n\nWater Supply and Sewerage Services Act 2000 50\n(3) If a services officer considers that water is being wasted, the\nservices officer may serve a notice:\n(a) on the occupier of the land; or\n(b) if the occupier or a person apparently in control of the land is\nnot present – by leaving it in a conspicuous place on the land,\nspecifying the type of waste and directing that it cease within the\ntime specified in the notice.\n(4) A person served with a notice under subsection (3) must comply\nwith and not contravene the notice.\n","sortOrder":100},{"sectionNumber":"98","sectionType":"section","heading":"Notice of demolition of building connected to main, etc.","content":"98 Notice of demolition of building connected to main, etc.\nThe owner of land must, not later than 7 days before commencing\nto demolish a building or structure on the land that is connected to a\nsewer or water main of a licensee, give written notice of his or her\nintention to the licensee.\n","sortOrder":101},{"sectionNumber":"99","sectionType":"section","heading":"Pollution","content":"99 Pollution\n(1) A person must not pollute with any substance a reservoir, dam,\nreservoir or dam catchment area, groundwater recharge area, bore,\nborefield, aqueduct, water storage tank or other infrastructure that\nis used or constructed to hold or supply water for human\nconsumption.\n\nWater Supply and Sewerage Services Act 2000 51\n(2) A person must not:\n(a) bathe, swim, water-ski, use a boat or take part in any type of\nwater sport; or\n(b) permit an animal under his or her control to swim or wade,\nin a reservoir, dam, aqueduct, water storage tank forming part of a\nwater supply infrastructure that is used or constructed to hold or\nsupply water for human consumption.\n(3) Subsection (2) does not apply if the activity is authorised by a\nlicensee by means of a marked signpost or other notice.\n","sortOrder":102},{"sectionNumber":"100","sectionType":"section","heading":"Unlawful abstraction or diversion of water or effluent","content":"100 Unlawful abstraction or diversion of water or effluent\n(1) A person must not, without proper authority:\n(a) abstract or divert water or effluent from a water supply\ninfrastructure or sewerage services infrastructure; or\n(b) interfere with a meter or other device for measuring the use of\nwater or effluent supplied by a licensee.\n(2) In proceedings for an offence against subsection (1), if it is proved\nthat a device has been installed or any other act done, without\nproper authority, the apparent purpose of which is to abstract or\ndivert water or effluent to any particular land or place or to affect the\nproper measurement of water or effluent supplied to any particular\nland or place, it will be presumed, in the absence of proof to the\ncontrary, that the occupier of the land or place installed the device\nor did the other act with that purpose.\n\nWater Supply and Sewerage Services Act 2000 52\n(3) If a licensee suffers loss or damage as a result of a person\ncontravening this section, the licensee may recover compensation\nfor the loss or damage from the person:\n(a) on application to a court on it finding the person guilty of an\n","sortOrder":103},{"sectionNumber":"101","sectionType":"section","heading":"Notice of work that may affect water supply or sewerage","content":"101 Notice of work that may affect water supply or sewerage\nservices infrastructure\n(1) A person who proposes to do work near a licensee's water supply\ninfrastructure or sewerage services infrastructure must give the\nlicensee at least 7 days notice of the proposed work if:\n(a) the work may affect the support for any part of the water\nsupply infrastructure or sewerage services infrastructure; or\n(b) the work may interfere with the water supply infrastructure or\nsewerage services infrastructure in some other way.\n(2) It is a defence to a charge of an offence against subsection (1) if, in\nthe circumstances of an emergency, it is not practicable to give the\nnotice required by the subsection and the notice is given as soon as\npracticable.\n(3) A person who does work near a licensee's water supply\ninfrastructure or sewerage services infrastructure must comply with:\n(a) the requirements of the Regulations that are applicable to the\nwork; and\n(b) the reasonable requirements made by the licensee for\nprotecting the infrastructure or the safety of persons carrying\nout the work.\n\nWater Supply and Sewerage Services Act 2000 53\n","sortOrder":104},{"sectionNumber":"102","sectionType":"section","heading":"Impersonation of officers","content":"102 Impersonation of officers\nA person must not impersonate an authorised officer, a services\nofficer or anyone else with powers under this Act.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n","sortOrder":105},{"sectionNumber":"103","sectionType":"section","heading":"Obstruction","content":"103 Obstruction\n(1) A person must not, without reasonable excuse, obstruct an\nauthorised officer, a services officer or anyone else engaged in\nadministering this Act or exercising powers under this Act.\n(2) A person must not use abusive or intimidatory language to, or\nengage in offensive or intimidatory behaviour towards, an\nauthorised officer, a services officer or anyone else engaged in\nadministering this Act or exercising powers under this Act.\n","sortOrder":106},{"sectionNumber":"104","sectionType":"section","heading":"False or misleading information","content":"104 False or misleading information\nA person must not make a statement that is false or misleading in a\nmaterial particular (whether by reason of the inclusion or omission\nof any particular) in any information provided under this Act.\nMaximum penalty: 50 penalty units.\nIf the person made the statement knowing\nthat it was false or misleading:\nin the case of a natural person –\n200 penalty units or imprisonment for\n12 months; and\nin the case of a corporation – 1 000 penalty\n\nWater Supply and Sewerage Services Act 2000 54\n","sortOrder":107},{"sectionNumber":"Div 1","sectionType":"division","heading":"Protection of property in infrastructure","content":"Division 1 Protection of property in infrastructure\n","sortOrder":108},{"sectionNumber":"105","sectionType":"section","heading":"Water supply and sewerage services infrastructure does not","content":"105 Water supply and sewerage services infrastructure does not\nmerge with land\n(1) An agreement between a licensee and the owner of land relating to\nthe construction or installation of water supply infrastructure or\nsewerage services infrastructure on the land is to be taken to\ninclude agreement that ownership of the infrastructure is not\naffected by its affixation or annexation to the land.\n(2) Water supply infrastructure and sewerage services infrastructure\nreferred to in subsection (1) may be dealt with and disposed of as\npersonal property.\n(3) Subsection (1) is subject to any agreement in writing to the\ncontrary.\n","sortOrder":109},{"sectionNumber":"106","sectionType":"section","heading":"Prevention of dismantling of water supply and sewerage","content":"106 Prevention of dismantling of water supply and sewerage\nservices infrastructure in execution of judgment\n(1) Water supply infrastructure and sewerage services infrastructure\nowned or operated by a licensee cannot be dismantled in execution\nof a judgment.\n(2) This section does not prevent the sale of water supply infrastructure\nor sewerage services infrastructure as a going concern in execution\nof a judgment.\n","sortOrder":110},{"sectionNumber":"107","sectionType":"section","heading":"Application and issue of warrant","content":"107 Application and issue of warrant\n(1) An authorised officer or a services officer may apply to a Local\nCourt Judge for a warrant to enter a place specified in the\n(2) A Local Court Judge may issue a warrant if satisfied that there are\nreasonable grounds for issuing the warrant.\n(3) A warrant authorises the authorised officer or services officer with\nany assistance and by any force reasonably necessary:\n(a) to enter the place specified in the warrant; and\n(b) to do anything authorised by this Act,\n\nWater Supply and Sewerage Services Act 2000 55\nat any time, or within any period, specified in the warrant.\n(4) A services officer must be accompanied by a member of the Police\nForce when entering a place under a warrant.\n(5) A warrant is to specify the date on which, and the time at which, the\nwarrant ceases to have effect.\n","sortOrder":111},{"sectionNumber":"108","sectionType":"section","heading":"Urgent situations","content":"108 Urgent situations\n(1) An authorised officer or a services officer may apply to a Local\nCourt Judge for a warrant by telephone, facsimile or other\nprescribed means if the officer considers the urgency of the\nsituation requires it.\n(2) The Judge may complete and sign the warrant in the same terms\nas for a warrant applied for in person if satisfied that there are\nreasonable grounds for issuing the warrant urgently.\n(3) The Judge must:\n(a) tell the officer:\n(i) the terms of the warrant;\n(ii) the date on which, and the time at which, the warrant\nwas signed; and\n(iii) the date on which, and the time at which, the warrant\nceases to have effect; and\n(b) record on the warrant the reasons for granting the warrant.\n(4) The officer must:\n(a) complete a form of warrant in the same terms as the warrant\nsigned by the Judge;\n(b) write on the form:\n(i) the name of the Judge; and\n(ii) the date on which, and the time at which, the warrant\nwas signed; and\n(c) send the Judge the completed form of warrant not later than\nthe day after the warrant is executed or ceases to have effect.\n(5) On receiving the form of warrant, the Judge must attach it to the\nwarrant the Judge signed.\n\nWater Supply and Sewerage Services Act 2000 56\n(6) A form of warrant completed by an authorised officer or services\nofficer under subsection (4) has the same force as a warrant signed\nby the Judge under subsection (2).\n","sortOrder":112},{"sectionNumber":"109","sectionType":"section","heading":"Delegation by Minister","content":"109 Delegation by Minister\n(1) Subject to this section, the Minister may delegate to a person or\nbody of persons any of his or her powers and functions under this\nAct.\n(2) The Minister cannot delegate:\n(a) his or her powers or functions under section 60; or\n(b) this power of delegation.\n(3) A delegation under this section:\n(a) is to be in writing; and\n(b) may be to a person from time to time holding, acting in or\nperforming the duties of an office, designation or position.\n(4) A power or function delegated under this section, when exercised\nor performed by the delegate, is to be taken to have been exercised\nor performed by the Minister.\n(5) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Minister.\n","sortOrder":113},{"sectionNumber":"110","sectionType":"section","heading":"Statutory declarations","content":"110 Statutory declarations\nIf a person is required by or under this Act to provide information to\nthe Utilities Commission, the Utilities Commission may require that\nthe information be verified by statutory declaration and, in that\nevent, the person will not be taken to have provided the information\nas required unless it has been verified in accordance with the\nrequirements of the Utilities Commission.\n","sortOrder":114},{"sectionNumber":"111","sectionType":"section","heading":"General defence","content":"111 General defence\n(1) It is a defence to a charge of an offence against this Act if the\ndefendant proves that the offence was not committed intentionally\nand did not result from any failure on the part of the defendant to\ntake reasonable care to avoid the commission of the offence.\n\nWater Supply and Sewerage Services Act 2000 57\n(2) It is a defence to a charge of an offence against this Act if the\ndefendant proves that the act or omission constituting the offence\nwas reasonably necessary in the circumstances in order to avert,\neliminate or minimise danger to person or property.\n","sortOrder":115},{"sectionNumber":"112","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"112 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared provision (a relevant offence) and the officer knew,\nor could reasonably have been expected to have known, that\nthe contravention would happen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer failed to take reasonable steps to prevent the\ncontravention.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate.\n\nWater Supply and Sewerage Services Act 2000 58\n(5) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(7) In this section:\ndeclared provision means:\n(a) section 14(1), 33(6) or (7), 43(1), 46(2) or (3), 82(1), 88(1),\n90(1), 95(1), 99(1) or (2) or 101(3); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":116},{"sectionNumber":"113","sectionType":"section","heading":"Continuing offence","content":"113 Continuing offence\n(1) A person found guilty of an offence against a provision of this Act in\nrespect of a continuing act or omission:\n(a) in addition to the penalty otherwise applicable to the offence –\nis liable to a penalty for each day during which the act or\nomission continued of not more than one-fifth of the penalty\nprescribed for that offence; and\n(b) if the act or omission continues after the finding of guilt – is\nguilty of a further offence against the provision and liable (in\naddition to the penalty otherwise applicable to the further\noffence) to a penalty for each day during which the act or\nomission continued after the finding of guilt of not more than\none-fifth of the penalty prescribed for the offence.\n(2) If an offence consists of an omission to do something that is\nrequired to be done, the omission will be taken to continue for as\nlong as the thing required to be done remains undone after the end\nof the period for compliance with the requirement.\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"Licensees not liable in certain circumstances","content":"114 Licensees not liable in certain circumstances\n(1) A licensee, or an officer or employee of the licensee, is not liable for\ndamages or any penalty arising out of a partial or total failure to\nsupply water and sewerage services to a customer unless the\nfailure is due to an act or omission done or made by the licensee or\nthe officer or employee in bad faith or through negligence.\n\nWater Supply and Sewerage Services Act 2000 59\n(2) A licensee may enter into an agreement with a person varying or\nexcluding the operation of this section and this section, to the extent\nof the agreement, does not apply.\n","sortOrder":118},{"sectionNumber":"115","sectionType":"section","heading":"Immunity from liability","content":"115 Immunity from liability\n(1) No liability attaches to a person engaged in the administration or\nenforcement of this Act for an act or omission in the exercise or\ndischarge, or purported exercise or discharge, of a power or\nfunction under this Act unless the act or omission is done or made\nin bad faith.\n(2) Subsection (1) does not affect any liability that the Territory, the\nUtilities Commission or an employer of a person referred to in\nsubsection (1) would, but for that subsection, have for an act or\nomission.\n","sortOrder":119},{"sectionNumber":"116","sectionType":"section","heading":"Evidence","content":"116 Evidence\n(1) If, in any legal proceedings, a person is alleged to have held a\nspecified appointment under this Act at a specified time, the\nallegation is taken to have been proved in the absence of proof to\n(2) In any legal proceedings, an apparently genuine document\npurporting to be a certificate of the Utilities Commission certifying:\n(a) that a person was or was not the holder of a licence at a\nspecified date or as to the particulars or conditions of a\nlicence; or\n(b) as to the giving and contents of an order, direction, delegation,\nexemption, approval or authorisation by the Utilities\nCommission,\nconstitutes proof of the matters certified in the absence of proof to\n(3) In any legal proceedings, an apparently genuine document\npurporting to be a certificate of an authorised officer certifying as to\nthe giving and contents of a direction by the officer under this Act,\nconstitutes proof of the matters certified in the absence of proof to\n(4) If, in any legal proceedings, a person is alleged to have acted\nwithout proper authority or a specified approval required under this\nAct, the absence of authority or approval will be presumed in the\nabsence of proof that the authority or approval in fact existed or had\nbeen given.\n\nWater Supply and Sewerage Services Act 2000 60\n","sortOrder":120},{"sectionNumber":"117","sectionType":"section","heading":"Service","content":"117 Service\n(1) A notice or other document required or authorised to be given to or\nserved on a person under this Act may be given or served:\n(a) by delivering it personally to the person or an agent of the\nperson;\n(b) by leaving it for the person at the person's place of residence\nor business with someone apparently over the age of\n16 years; or\n(c) by posting it to the person or agent of the person at the\nperson's or agent's last known place of residence or business.\n(2) Without limiting subsection (1), a notice or other document required\nor authorised to be given to or served on a person may, if the\nperson is a corporation, be given to or served on the person in\naccordance with section 109X of the Corporations Act 2001.\n(3) If a notice or other document is required or authorised to be given\nto or served on the holder of a licence under this Act and the\nlicence is held by 2 or more persons, it is sufficient for the purposes\nof this Act if the notice or other document is given to or served on\nany one of those persons.\n(4) If:\n(a) a notice or document required or authorised to be given to or\nserved on a person under this Act has not been able to be\ngiven to or served on the person in a manner prescribed in\nthis section; and\n(b) the person is the owner or occupier of land,\nthe notice or document may be served on the person by affixing a\ncopy of the notice or document in a conspicuous place on the land.\n","sortOrder":121},{"sectionNumber":"118","sectionType":"section","heading":"Regulations","content":"118 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n\nWater Supply and Sewerage Services Act 2000 61\n(2) The Regulations may deal with the following matters:\n(a) the supply of water or sewerage services;\n(b) the construction, installation and positioning of water supply\ninfrastructure and sewerage services infrastructure;\n(c) technical, operational and safety requirements and standards\nand monitoring and enforcing compliance with the prescribed\nrequirements and standards;\n(d) the exemption (conditionally or unconditionally) of persons or\noperations from the application of this Act or specified\nprovisions of this Act;\n(e) fees to be paid in respect of any matter under this Act and the\nrecovery, refund, waiver or reduction of those fees;\n(f) provide for the payment of a prescribed amount instead of a\npenalty that may otherwise be imposed for an offence against\nthis Act or regulations made under this Act and for the service\nof a notice relating to payment of the amount on a person\nalleged to have committed the offence and the particulars to\nbe included in that notice; and\n(g) penalties not exceeding 100 penalty units for offences against\nthe Regulations.\n(3) If the Regulations grant an exemption from the requirement to hold\na licence under Part 2, the Regulations may require a person\nexempted from the requirement to be treated as a licensee for the\npurposes of specified provisions of this Act.\n(4) The Regulations may provide that any act or thing, or kind of act or\nthing, of or relating to a licensee or a related corporation of a\nlicensee is authorised for a particular period for the purposes of\nPart IV of the Competition and Consumer Act 2010 (Cth).\n(5) The Regulations may:\n(a) be of general application or limited in application according to\nthe persons, areas, times or circumstances to which they are\nexpressed to apply;\n(b) provide that a matter or thing in respect of which regulations\nmay be made is to be determined, regulated or prohibited\naccording to the discretion of the Minister or the Utilities\nCommission; and\n\nWater Supply and Sewerage Services Act 2000 62\n(c) refer to or incorporate, wholly or partially and with or without\nmodification, any standard or other document prepared or\npublished by a body referred to in the Regulations, as is in\nforce from time to time or as in force at a particular time.\n","sortOrder":122},{"sectionNumber":"119","sectionType":"section","heading":"Repeal","content":"119 Repeal\nThe Acts listed in the Schedule are repealed.\n","sortOrder":123},{"sectionNumber":"120","sectionType":"section","heading":"Transitional","content":"120 Transitional\n(1) In this section:\nAuthority means the Power and Water Authority established by\nsection 4 of the Power and Water Authority Act 1987.\nRepealed Act means the Acts repealed by section 119.\n(2) Subject to this section, if, immediately before the commencement of\nthis Act, a person was providing a water supply service or\nsewerage service to the owner of land in the Territory, the person\nmay continue to provide the service after the commencement as if\nthis Act had not commenced.\n(3) Subsection (2) ceases to apply:\n(a) if the person is granted a licence or an exemption under this\nAct; or\n(b) 12 months after the commencement of this Act,\nwhichever occurs first.\n(4) On the commencement of this Act, the Authority is to be taken to\nhave been granted a licence in respect of each area that under\nsection 10 of the Repealed Act had been declared to be a water\ndistrict or sewerage district.\n(5) Subsection (4) ceases to apply to an area referred to in that\nsubsection:\n(a) if the Authority is granted a licence under this Act in respect of\nthe area; or\n(b) 12 months after the commencement of this Act,\n\nWater Supply and Sewerage Services Act 2000 63\nwhichever occurs first.\n(6) Despite anything in this Act, the Utilities Commission may in\nrespect of a licence taken to have been granted under\nsubsection (4), exempt the Authority, in part or in whole and subject\nto the conditions that it thinks fit, from a requirement imposed on a\nlicensee by this Act.\n(7) In this Act, a reference:\n(a) to a licence includes a licence taken to have been granted to\nthe Authority under subsection (4);\n(b) to a licensee includes the Authority in respect of a licence\ntaken to have been granted under subsection (4); and\n(c) to a licence area includes a water district or sewerage district\nin respect of which a licence is taken to have been granted\nunder subsection (4).\n(8) If, immediately before the commencement of this Act, a person was\nan authorized person appointed under the Repealed Act, the\nperson, on the commencement of this Act:\n(a) is to be taken to have been appointed as a services officer by\nthe Authority under section 55; and\n(b) while the appointment remains in force – may exercise his or\nher powers under this Act in respect of a licence taken to have\nbeen granted under subsection (4) or that is granted to the\nAuthority under this Act.\n(9) If, immediately before the commencement of this Act, an amount\nwas required to be paid under section 12A or 13B of the Repealed\nAct, the amount outstanding remains payable to the Authority in\naccordance with the section and, for that purpose, sections 12A\nand 13B are to be taken not to have been repealed.\n(10) In respect of a licence taken to have been granted under\nsubsection (4), the charges that the Authority may require a\ncustomer to pay for water supply or sewerage services under the\nlicence are, despite section 59(2), those applying immediately\nbefore the commencement of this Act to the customer under the\nRepealed Act.\n(11) If, immediately before the commencement of this Act, a parcel of\nland was the subject of an overriding statutory charge in respect of\na charge payable under section 13A of the Repealed Act, the\namount outstanding remains payable to the Authority in accordance\nwith that section and, for that purpose, section 13A is to be taken\n\nWater Supply and Sewerage Services Act 2000 64\nnot to have been repealed.\n(12) If, immediately before the commencement of this Act:\n(a) a water supply service was being provided to a person under\nan agreement entered into under section 19 of the Repealed\nAct; or\n(b) a sewerage service was made available to a person under an\nagreement entered into under section 19A of the Repealed\nAct,\nthe terms and conditions of the agreement continue to apply to the\nwater supply service and the sewerage service unless otherwise\nagreed between the Authority and the person.\n(13) Despite section 82, a person may discharge trade waste into a\nlicensee's sewerage services infrastructure if, immediately before\nthe commencement of this Act, the person was permitted to do so\nunder a trade waste agreement entered into under section 47 of the\nRepealed Act.\n(14) Subsection (13) applies until the trade waste agreement entered\ninto under section 47 of the Repealed Act is terminated.\n(15) For the purposes of subsections (13) and (14), Part IV of the\nRepealed Act is to be taken not to have been repealed.\n(16) Despite section 119, Part III and section 54 of the Repealed Act\nand the Water Supply and Sewerage Regulations 2002 (so far as\nthey relate to Part III) continue in force as if this Act had not\ncommenced until the Building Act 1993 is amended to regulate\nplumbing and drainage work.\n(17) On the commencement of this Act:\n(a) an approval given under section 59 of the Repealed Act is to\nbe taken to be an approval given under section 93; and\n(b) a condition of an approval imposed under section 59(4) of the\nRepealed Act is to be taken to be a condition imposed under\nsection 93(5).\n\nDivision 2 Statute Law Amendment (Directors' Liability) Act 2015\nWater Supply and Sewerage Services Act 2000 65\nDivision 2 Statute Law Amendment (Directors' Liability)\nAct 2015\n121 Offences – before and after commencement\n(1) Section 112, as inserted by the Statute Law Amendment (Directors'\nLiability) Act 2015, (the new section) applies in relation to a\nrelevant offence committed by a body corporate after the\ncommencement of Part 2, Division 42 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 112, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a\ncorporation before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\n\nWater Supply and Sewerage Services Act 2000 66\nsection 119\nWater Supply and Sewerage Act 1983 Act No. 12, 1983\nWater Supply and Sewerage Amendment Act 1986 Act No. 69, 1986\nWater Supply and Sewerage Amendment Act\n(No. 2) 1986\nAct No. 71, 1986\nWater Supply and Sewerage Amendment Act 1987 Act No. 22, 1987\nWater Supply and Sewerage Amendment Act 1991 Act No. 58, 1991\nWater Supply and Sewerage Amendment Act 1989 Act No. 72, 1989\nWater Supply and Sewerage Amendment Act 1993 Act No. 34, 1993\nWater Supply and Sewerage Amendment Act 1994 Act No. 83, 1994\nWater Supply and Sewerage Amendment Act 1998 Act No. 26, 1998\n\nWater Supply and Sewerage Services Act 2000 67\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nWater Supply and Sewerage Services Act 2000 (Act No. 75, 2000)\nAssent date 15 December 2000\nCommenced 1 January 2001 (s 2)\nUnit Titles (Consequential Amendments – Building Development) Act 2001 (Act No. 15,\n2001)\nAssent date 28 June 2001\nCommenced 1 March 2002 (s 2, s 2 Unit Titles Amendment Act 2001 (Act\nNo. 14, 2001) and Gaz G8, 27 February 2002, p 6)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nWater Supply and Sewerage Services Amendment Act 2001 (Act No. 32, 2001)\nAssent date 19 July 2001\nCommenced 19 July 2001\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nStatute Law Revision Act (No. 2) 2002 (Act No. 59, 2002)\nAssent date 7 November 2002\nCommenced 7 November 2002\n\nWater Supply and Sewerage Services Act 2000 68\nUnit Title Schemes Act 2009 (Act No. 14, 2009)\nAssent date 26 May 2009\nCommenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):\n1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,\nGaz S30, 26 June 2009, p 1, s 2 Land Title and Related\nLegislation Amendment Act 2008 (Act No. 3, 2008) and Gaz\nS30, 26 June 2009, p 1)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz S2, 24 January 2012);\nrem: 25 November 2011 (Gaz S68, 25 November 2011)\nPenalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)\nAssent date 18 November 2010\nCommenced 1 February 2011 (Gaz S6, 1 February 2011)\nConsumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010\n(Act No. 41, 2010)\nAssent date 8 December 2010\nCommenced 1 January 2011 (Gaz G, December 2010, p )\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 3 June 2011)\nEmergency Management Act 2013 (Act No. 27, 2013)\nAssent date 8 November 2013\nCommenced 20 September 2013 (Gaz S63, 27 November 2013)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nUtilities Legislation Amendment Act 2020 (Act No. 16, 2020)\nAssent date 24 April 2020\nCommenced 25 April 2020 (s 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\n\nWater Supply and Sewerage Services Act 2000 69\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 6, 7, 16, 17, 35, 60, 61,\n63, 81 and 120.\n4 LIST OF AMENDMENTS\ns 4 amd No. 15, 2001, s 12; No. 14, 2009, s 178; No. 7, 2011, s 140; No. 19,\n2014, s 26\ns 14 amd No. 38, 2010, s 4\ns 25A ins No. 30, 2010, s 56\ns 27 amd No. 38, 2010, s 4\ns 33 amd No. 38, 2010, s 4\ns 37 amd No. 38, 2010, s 4\ns 40 amd No. 38, 2010, s 4\ns 43 amd No. 38, 2010, s 4\ns 46 amd No. 38, 2010, s 4\nss 51 – 52 amd No. 38, 2010, s 4\nss 57 – 58 amd No. 38, 2010, s 4\ns 60 amd No. 16, 2020, s 6\ns 62 amd No. 38, 2010, s 4\ns 65 amd No. 38, 2010, s 4\ns 69 amd No. 38, 2010, s 4\ns 74 amd No. 38, 2010, s 4\ns 78 amd No. 38, 2010, s 4\ns 80 amd No. 38, 2010, s 4\ns 81 amd No. 27, 2013, s 128\ns 82 amd No. 59, 2002, s 5; No. 38, 2010, s 4\ns 84 amd No. 38, 2010, s 4\ns 86 amd No. 38, 2010, s 4\nss 88 – 91 amd No. 38, 2010, s 4\ns 92 amd No. 26, 2020, s 3\nss 93 – 104 amd No. 38, 2010, s 4\nss 107 – 108 amd No. 8, 2016, s 45\ns 112 sub No. 26, 2015, s 129\ns 115 amd No. 32, 2001, s 2\ns 117 amd No. 17, 2001, s 21\ns 118 amd No. 41, 2010, s 30\npt 7 hdg ins No. 26, 2015, s 130\npt 7\ndiv 1 hdg ins No. 26, 2015, s 130\ns 120 amd No. 62, 2001, s 15\npt 7\ndiv 2 hdg ins No. 26, 2015, s 131\ns 121 ins No. 26, 2015, s 131","sortOrder":124}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since enactment the Act's scope has been broadened and its enforcement and regulatory tools strengthened by later amendments. Notable scope changes include: (a) stronger director/executive officer liability provisions added (s 112 as amended by the Statute Law Amendment (Directors' Liability) Act 2015), (b) expanded and clarified Ministerial pricing powers and mechanisms (s 60 amended by the Utilities Legislation Amendment Act 2020), (c) clarification that licences are not personal property for PPSA purposes (s 25A added 2010), and (d) updates to entry, warrant and enforcement procedures (amendments listed in the endnotes, and changes to ss 34–40, 107–108). These amendments increased the Act's regulatory reach (more express regulatory control over pricing, corporate responsibility and enforcement), added layers of administrative discretion, and introduced new compliance obligations and risks for licensees and their officers."},"complexity_factors":["Length and structure: multi‑Part Act covering licensing, operations, offences, regulation, and transitional arrangements (over 120 sections and multiple Schedules).","Numerous defined terms in the interpretation section (s 4) that are referenced throughout the Act (e.g. licence, licensee, licence area, meter, trade waste, native title).","Single‑licence-per‑area rule (s 13) plus many conditional exceptions and exemptions (s 26) creating branching decision paths for market entry.","Multiple approval and oversight gates involving both the Minister and the Utilities Commission (e.g. declarations ss 8–11, licence variations s 20, codes s 42, pricing orders s 60).","Complex pricing powers (s 60) allowing many regulatory approaches (fixed prices, caps, indices, revenue caps) and delegations to the Utilities Commission for calculations.","Extensive operational rules and procedural requirements (customer contracts s 47, asset management plans s 48, codes ss 52, 72) with cross‑references and approval steps.","Wide enforcement and investigatory powers (ss 34–40, 107–108) including entry, warrants and varied penalty schedules across many offence provisions (Part 5).","Multiple offence types and penalty levels that distinguish between natural persons and corporations, including continuing offence provisions (s 113) and criminal liability for executive officers (s 112).","Transitional provisions and numerous amendments over time (Part 7 and endnotes) leading to layering of legacy rules and special cases.","Interplay with other regulatory regimes and Acts (e.g. Native Title Act, National Measurement Act, Emergency Management Act, Land Title Act) creating cross‑legislative dependencies."],"plain_english_summary":"**What this law does (in plain English)**\n\n- Establishes a licensing and regulatory regime for water supply and sewerage services in the Northern Territory. It sets out who must hold a licence, how licence areas are declared, what licence-holders (licensees) must do, the powers available to the regulator and to licensees, and offences and penalties for non‑compliance (see Parts 2–5).\n\n**Who the law affects**\n\n- Prospective and current providers of water supply and sewerage services (licensees) — public utilities and private operators (Part 2, especially ss 13–21).\n- Customers and owners of land within licence areas who receive (or can be required to pay for) water or sewerage services (ss 41–47, 59, 61).\n- The Utilities Commission and the Minister, who share regulatory roles including licensing, price regulation and enforcement (s 6; ss 60, 32–33).\n- Third parties who work near, connect to, or discharge into licensed infrastructure (parts dealing with connections, trade waste, easements and offences — e.g. ss 52–55, 82–87, 64).\n\n**Core mechanisms — how the Act works mechanically**\n\n- Licensing and geographic scope: The Minister may declare licence areas for water or sewerage services (ss 8–11). The Utilities Commission grants licences within those declared areas and, generally, only one licence per service type in each licence area (s 13). A person must not provide water or sewerage services in a declared area without a licence (s 14).\n\n- Licence conditions and obligations: Licences must include conditions approved by the Minister requiring minimum customer‑service standards, publication of a customer contract, maintenance of asset management and service plans, compliance monitoring and reporting, and other operational codes (s 42; ss 47–51).\n\n- Pricing and charges: The Minister may make pricing orders that regulate prices, pricing principles and capital contributions (s 60). Licensees may charge customers under pricing orders and recover certain connection and extension costs (ss 59–61).\n\n- Operational powers for licensees: Licensees have statutory rights to enter land for works and maintenance, to acquire easements, to install and own meters (ss 62–66, 71–78), and to disconnect services in specified circumstances (ss 66–68, 79).\n\n- Trade waste and discharge controls: Discharging industrial (trade) waste to sewers generally requires the licensee's written approval and compliance with a trade waste code (ss 82–85).\n\n- Compliance, enforcement and offences: The Utilities Commission and authorised officers have investigative and entry powers (ss 34–40). The Act lists numerous offences (Part 5) such as unauthorised connections, tampering with infrastructure, prohibited discharges, pollution, wasting water and false information, with penalties that differ for individuals and corporations.\n\n- Backstop powers: The Minister and Utilities Commission have intervention powers, including the ability to take over operations and appoint an operator if a licensee is failing or the licence is not in force (ss 31–33).\n\n- Transitional and property rules: Infrastructure can be treated as personal property for transfer purposes; there are transitional rules about existing providers and legacy agreements (ss 105–120; s 25A).\n\n**Why it matters — intended aims and trade‑offs**\n\n- The Act states its objects as promoting safe and efficient services, setting service standards, supporting financial viability and protecting customer interests (s 3). Mechanisms designed to deliver on those objects include: licensing (control of who supplies services), mandatory customer contracts and asset management plans (operational standards), and pricing orders (control of prices and capital contributions).\n\n- Costs and who pays: Customers pay service charges and, where declared extension areas apply, owners of land can be made to contribute to extension costs (s 61). Licensees pay licence fees and compliance costs (s 19). Compliance costs include developing customer contracts, codes, asset management and monitoring and could be ongoing (ss 42, 48, 49–50).\n\n- Incentives and competition: The default rule of one licence per service in a licence area (s 13) tends to create a single authorised supplier per area. The Act provides detailed regulation of that supplier (price regulation s 60, service conditions s 42). That structure concentrates market power in the licensee while placing limits on price and imposing service obligations.\n\n- Regulatory discretion and implementation risk: Many significant actions require Ministerial approval or are taken by the Utilities Commission (declarations of areas, licence variations, pricing orders, exemptions and takeover powers — e.g. ss 8–12, 20, 26, 60, 32–33). That gives the executive branch and the regulator wide discretion. The Act also provides strong enforcement tools (entry, warrants, significant penalties) that require administrative capacity to implement consistently (ss 34–40, 107–108, Part 5).\n\n- Effects on private enterprise and contracts: Licensees remain subject to regulatory conditions (codes, customer contracts, reporting) that constrain contractual freedom in exchange for exclusive territory rights. The Act allows special agreements between a licensee and a customer with different terms (s 47(6)), but such agreements are subject to arbitration by the Utilities Commission if disputed.\n\n- Concentrated benefits and diffuse costs: Licensees gain exclusive territorial rights and revenue certainty; costs of regulation (compliance, capital contributions) are borne by licensees and, ultimately, customers and landowners in extension areas (ss 13, 19, 61). The Act includes mechanisms for recovering costs (penalties, debts, overriding statutory charges) that can concentrate collection on specific land parcels (s 61(5)).\n\n**Implementation and compliance burdens to note**\n\n- Licence applicants must supply information and pay application/annual fees; licensees must produce customer contracts, codes, asset management and service plans and annual returns (ss 15, 19, 42, 47–51).\n- The regulator and Minister have many approval gates which may slow processes (e.g. codes require approval; pricing orders are made by Minister and implemented with Utilities Commission functions — ss 42(1)(e), 72, 60).\n\n(Primary structural references: licensing and areas — Part 2; licence obligations — s 42; pricing — s 60; trade waste — s 82; enforcement and offences — Parts 4–6; objects — s 3.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2434},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"While the Act has been amended numerous times since 2000 (updating penalty structures, inserting directors' liability provisions in 2015, and modernising references to corporations and unit titles law), these changes represent technical maintenance and enforcement strengthening rather than mission creep. The legislation remains tightly focused on its original purpose: licensing providers, regulating prices, and setting service standards for water supply and sewerage infrastructure. No significant expansion into unrelated policy areas has occurred."},"complexity_factors":["121 sections organised across 7 Parts with multiple Divisions, creating a dense hierarchical structure.","Extensive defined terms in section 4 (20+ definitions), including a complex, multi-tiered definition of 'owner' that cross-references the Unit Titles Act 1975 and Unit Title Schemes Act 2009.","Frequent cross-referencing to external legislation including the Utilities Commission Act 2000, Native Title Act 1993 (Cth), Land Title Act 2000, and Personal Property Securities Act 2009 (Cth).","Tiered penalty structures distinguishing between natural persons and corporations, with varying penalty units across offences.","Conditional logic and nested exceptions, such as the limitations on supply obligations in section 44 (enumerated exceptions a-g) and the general defence provisions in section 111.","Transitional provisions in Part 7 preserving pre-existing agreements, charges, and appointments from the repealed Water Supply and Sewerage Act 1983, creating parallel temporary legal regimes.","Multiple enforcement mechanisms operating simultaneously: criminal prosecutions, civil debt recovery (section 43), administrative licence suspension/cancellation, and statutory charges on land (section 61)."],"plain_english_summary":"This Northern Territory law sets up the rules for who can provide tap water and sewerage (septic/wastewater) services, and how they must operate.\n\n**What it does**\nThe Act creates a **licensing system** run by the Utilities Commission. In any given area, only one company (the **licensee**) is allowed to provide water and sewerage services—essentially creating regulated regional monopolies to ensure universal coverage. To get and keep a licence, a company must prove it is financially stable, honest, and capable of maintaining infrastructure.\n\n**Who it affects**\n*   **Water utilities**: Must apply for licences, follow service standards, maintain pipes and treatment plants, and publish customer contracts.\n*   **Households and businesses**: Have a right to connection if their land is in a declared licence area, but must pay regulated charges, allow meter readers onto their property, and cannot illegally tap into mains or pollute water sources.\n*   **Developers and industrial users**: Must pay contributions toward extending infrastructure (Section 61) and obtain approval to discharge **trade waste** (industrial wastewater) into sewers.\n\n**Key obligations and powers**\n*   **Service standards**: Licensees must meet minimum water quality and pressure standards set by the Minister and must have emergency plans approved by the Chief Health Officer.\n*   **Pricing**: The Minister issues **pricing orders** that cap what utilities can charge customers.\n*   **Land access**: The law gives utilities strong powers to enter private land (with notice, or urgently in emergencies) to read meters, repair pipes, disconnect services for non-payment, or remove trees damaging infrastructure. They can also obtain court warrants to force entry if obstructed.\n*   **Infrastructure protection**: It is an offence to build over sewers or water mains without approval, tamper with meters, or make illegal connections. The Act also protects water sources from pollution.\n\n**Why it matters**\nThe Act balances the need for safe, reliable water and sanitation—which is essential for public health—with financial sustainability. It prevents a \"race to the bottom\" by requiring asset management plans, while shielding customers from monopoly pricing through Ministerial oversight."}},"importantCases":[],"_links":{"self":"/api/acts/water-supply-and-sewerage-services-act-2000","history":"/api/acts/water-supply-and-sewerage-services-act-2000/history","analysis":"/api/acts/water-supply-and-sewerage-services-act-2000/analysis","conflicts":"/api/acts/water-supply-and-sewerage-services-act-2000/conflicts","importantCases":"/api/acts/water-supply-and-sewerage-services-act-2000/important-cases","documents":"/api/acts/water-supply-and-sewerage-services-act-2000/documents"}}