NORTHERN TERRITORY OF AUSTRALIA
POWER AND WATER CORPORATION ACT 1987
As in force at 2 June 2014
Table of provisions
Part I Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
Part II Power and Water Corporation
4 Power and Water Corporation ......................................................... 1
5 Corporation is Government owned corporation ............................... 2
6 Status as Agency............................................................................. 2
7 Matters relating to Public Sector Employment and
Management Act 1993 .................................................................... 2
14 Functions of Corporation – electricity .............................................. 2
14A Functions of Corporation – water and sewerage ............................. 3
14B Functions of Corporation – gas ....................................................... 4
14C Functions of Corporation – general ................................................. 4
Part III Miscellaneous
19 Exemption from rates, &c. ............................................................... 5
20 Protection of employees from personal liability ............................... 5
22 Authentication of documents ........................................................... 5
24 Money due to Corporation ............................................................... 6
26 Regulations...................................................................................... 6
27 Act binds the Crown ........................................................................ 6
Part IV Savings and transitional
28 Certain property to vest in Authority ................................................ 6
30 Proceedings under Water Supply and Sewerage Act 1983 ............ 7
31 References to Electricity Commission ............................................. 7
32 Territory to indemnify Authority........................................................ 8
34 References to Authority ................................................................... 8
Schedule Modifications of Public Sector
Employment and Management Act 1993 in
relation to the Corporation
1 Sections 22 and 23 modified ........................................................... 9
Power and Water Corporation Act 1987 ii
2 Section 24 modified ......................................................................... 9
3 Sections 27 and 28 modified ......................................................... 10
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 2 June 2014
POWER AND WATER CORPORATION ACT 1987
An Act to establish the Power and Water Corporation and for related
purposes
Part I Preliminary
1 Short title
This Act may be cited as the Power and Water Corporation
Act 1987.
2 Commencement
(1) Sections 1 and 2 shall come into operation on the day on which the
Administrator's assent to this Act is declared.
(2) The remaining provisions of this Act shall come into operation on a
date to be fixed by the Administrator by notice in the Gazette.
3 Definitions
In this Act, unless the contrary intention appears:
CEO means the person appointed under section 16 of the
Government Owned Corporations Act 2001 to be the chief
executive officer of the Corporation.
Corporation means the Power and Water Corporation referred to
in section 4.
Part II Power and Water Corporation
4 Power and Water Corporation
There is hereby established the Power and Water Corporation.
Part II Power and Water Corporation
Power and Water Corporation Act 1987 2
5 Corporation is Government owned corporation
The Corporation is declared to be a Government owned
corporation for the purposes of the Government Owned
Corporations Act 2001.
6 Status as Agency
(1) The Corporation:
(a) is an Agency for the purposes of the Public Sector
Employment and Management Act 1993; and
(b) is not an Agency for the purposes of any other Act.
(2) An Administrative Arrangements Order cannot be made that
nominates the Corporation as an Agency.
7 Matters relating to Public Sector Employment and
Management Act 1993
(1) The CEO is the Chief Executive Officer of the Corporation for the
purposes of the Public Sector Employment and Management
Act 1993.
(2) The Public Sector Employment and Management Act 1993 applies
in relation to the Corporation as if it had been amended as set out
in the Schedule.
14 Functions of Corporation – electricity
(1) The functions of the Corporation in relation to electricity are:
(aa) to manage, plan, develop, expand, enhance, improve and
reinforce electricity networks and power systems;
(ab) to provide and improve electricity network services;
(ac) to provide services designed to improve the efficiency of
electricity supply and the management of demand on
electricity networks;
(a) to generate, acquire, exchange, transport, distribute, market
and otherwise supply electricity;
(b) to undertake, maintain and operate any works, system,
facilities, apparatus or equipment required for any purpose
referred to in paragraphs (aa) to (a);
Part II Power and Water Corporation
Power and Water Corporation Act 1987 3
(c) to use its expertise and resources to provide consultative,
advisory or other services for profit;
(d) to develop and turn to account any technology, software or
other intellectual property that relates to a function referred to
in paragraphs (aa) to (c); and
(e) to manufacture and market any product that relates to a
function referred to in paragraphs (aa) to (d).
(2) In addition to subsection (1), it is also a function of the Corporation:
(b) to do anything that the Corporation determines to be
conducive or incidental to the performance of a function
referred to in subsection (1); and
(c) to do anything that it is required or authorised to do under the
Electricity Reform Act 2000, Electricity Networks (Third Party
Access) Act 2000 or any other written law.
14A Functions of Corporation – water and sewerage
(1) The functions of the Corporation in relation to water and sewerage
are:
(a) to acquire, store, treat, distribute, market and otherwise
supply water for any purpose;
(b) to collect, store, treat, market and dispose of wastewater;
(c) to undertake, maintain and operate any works, system,
facilities, apparatus or equipment required for any purpose
referred to in paragraph (a) or (b);
(d) to use its expertise and resources to provide consultative,
advisory or other services for profit;
(e) to develop and turn to account any technology, software or
other intellectual property that relates to a function referred to
in paragraph (a), (b) or (c); and
(f) to manufacture and market any product or by-product that
relates to a function referred to in paragraph (a), (b), (c) or (e).
(2) In addition to subsection (1), it is also a function of the Corporation:
(b) to do anything that the Corporation determines to be
conducive or incidental to the performance of a function
referred to in subsection (1); and
Part II Power and Water Corporation
Power and Water Corporation Act 1987 4
(c) to do anything that it is authorised to do by any other written
law.
(3) If the performance of any of the Corporation's functions referred to
in subsection (1)(a), (b) or (c) requires that the Corporation hold a
licence under the Water Act 1992, the Corporation may only
perform the function in accordance with the terms and conditions of
the licence.
(4) In subsection (1), wastewater means liquid waste, whether
domestic or otherwise, and includes faecal matter and urine.
14B Functions of Corporation – gas
The functions of the Corporation in relation to gas are to buy, sell,
process, store or transport:
(a) gas or products derived from gas; or
(b) products associated with gas or the products derived from it.
14C Functions of Corporation – general
(1) The Corporation has any other functions that are conferred on it by
or under this Act or any other enactment.
(2) Subject to subsection (3), the Corporation has the functions of:
(a) providing communications facilities and services; and
(b) providing other facilities and services.
(3) The Corporation may only provide a particular kind of facility or
service under subsection (2):
(a) if the provision of the facility or service is consistent with the
requirement that the Corporation act in a commercial manner;
and
(b) with the approval of the Minister.
(4) The Corporation may provide billing, procurement, financial and
commercial services to one or more of the following:
(a) the Power Generation Corporation established by section 5 of
the Power Generation Corporation Act 2014;
(b) the Power Retail Corporation established by section 5 of the
Power Retail Corporation Act 2014;
Part III Miscellaneous
Power and Water Corporation Act 1987 5
(c) a subsidiary of the Corporation, Power Generation
Corporation or Power Retail Corporation.
(5) This section and sections 14, 14A and 14B do not impose on the
Corporation any duty to perform any function that is enforceable by
proceedings in a court.
Part III Miscellaneous
19 Exemption from rates, &c.
(1) Land vested in, committed to the care, control and management of,
or acquired by the Corporation under or pursuant to this Act is
exempted from local government rates, charges and taxes.
(2) Subsection (1) does not exempt the Corporation from payment of
charges for any commodity or service provided or supplied by a
local government council, whether the charge made be assessed
upon the value of land occupied or owned by, vested in, committed
to the care, control and management of, or acquired by the
Corporation or otherwise.
(3) Where land vested in, committed to the care, control and
management of, or acquired by the Corporation is leased or let to a
person, that land is not exempt from rates, charges or taxes under
this section but any rates, charges or taxes payable in respect of
the land are not payable by the Corporation but, if the law
authorizing the imposition or levy of the rate, charge or tax so
allows, are payable by the lessee or tenant of that land.
20 Protection of employees from personal liability
An employee or agent of the Corporation is not personally liable for
any act or default of that person or the Corporation done or omitted
to be done in good faith in the course of the operations of the
Corporation or for the purposes of this Act.
22 Authentication of documents
A summons, process, demand, order, notice, statement, direction
or other document requiring authentication by the Corporation is
sufficiently authenticated without the seal of the Corporation if
signed by a person authorised to do so by the board of the
Corporation constituted under the Government Owned
Corporations Act 2001.
Part IV Savings and transitional
Power and Water Corporation Act 1987 6
24 Money due to Corporation
Any money due to the Corporation under this Act may be recovered
by the Corporation as a debt.
26 Regulations
The Administrator may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
27 Act binds the Crown
This Act binds the Crown in right of the Territory.
Part IV Savings and transitional
28 Certain property to vest in Authority
(1) Subject to section 30, on the commencement of this Act in respect
of the operations of the unit of administration within the meaning of
the Public Service Act 1976 known as the Northern Territory Water
Authority:
(a) any levy, fee, charge, interest, debt, or money payable to the
Territory shall become payable to and be recoverable by the
Authority;
(b) all liabilities, contracts, and engagements, and all rights and
authorities of any nature whatever of the Territory shall
become liabilities, contracts, engagements, rights, and
authorities of the Authority; and
(c) all rights, authorities, and licences granted or issued by the
Territory shall continue in force on the same terms and
conditions on which they were granted or issued or on which
they arose as if such rights, authorities, and licences had
been granted or issued by the Authority.
(2) All estates and interests in property, real and personal, and rights
(except property mentioned in subsection (1)) held by the Territory
immediately before the commencement of this Act that is or are
utilized by, or required for the purposes of the operation of, the unit
of administration within the meaning of the Public Service Act 1976
known as the Northern Territory Water Authority shall, by virtue of
Part IV Savings and transitional
Power and Water Corporation Act 1987 7
this section and without further assurance, vest in the Authority in
pursuance of subsection (3) subject to any liabilities, charges,
obligations or trusts affecting the estates or interests.
(3) The Minister shall from time to time as the estates and interests
referred to in subsection (2) are identified or ascertained declare by
instrument in writing that the property specified, either generally or
specifically, in the instrument is property to which subsection (2)
applies, and the Authority thereupon has such powers as are
necessary to take possession of, recover, and deal with the
property and enforce the rights.
(4) On the lodgement of a copy of an instrument under subsection (3)
with the Registrar-General or an officer controlling any register or
other record of interests in property, the Registrar-General or that
officer, as the case may require, shall, in respect of registrable
estates or interests specified in the instrument, make the necessary
entries in the relevant registers or records and generally do all such
things as may be necessary to give effect to subsection (2).
30 Proceedings under Water Supply and Sewerage Act 1983
An action, prosecution or other proceeding begun under the Water
Supply and Sewerage Act 1983 as then in force before the
commencement of this Act may be continued as if this Act had
never commenced, and an action, prosecution or other proceeding
in respect of a thing done or omitted to be done under the Water
Supply and Sewerage Act 1983 as then in force before the
commencement of this Act may be brought, taken and prosecuted
in the same manner as if this Act had never commenced.
31 References to Electricity Commission
(1) On the lodgment of a copy of this Act with the Registrar-General or
a proper officer controlling any official register or record of real
property vested in the Northern Territory Electricity Commission
before the commencement of this Act (other than sections 1 and 2)
or in which the Commission held, immediately before that
commencement, an interest, the Registrar-General or that officer
shall make the necessary entries in the relevant registers and other
records to record the change of name of the body corporate of the
Commission.
(2) All references to the Commission in any security, licence, ADI
account or instrument (including a contract, arrangement, Act,
regulation, by-law or rule or court document relating to an action,
prosecution or proceeding) which is subsisting immediately before
the date of commencement of this Act, or in any notice or other
communication served, given, or sent before, on, or after that date
Part IV Savings and transitional
Power and Water Corporation Act 1987 8
in relation to any such security, licence, ADI account, or instrument
shall, unless the context otherwise requires, be read as references
to the Authority.
(3) By-laws made by the Commission under the Electricity Commission
Act 1978 and in force as at the commencement of this Act, being
by-laws which, after the commencement, could be made by the
Authority under this Act shall not expire but continue in force as if
they were made by the Authority, and may be amended by the
Authority accordingly.
(4) In this section:
Northern Territory Electricity Commission or Commission
means the body corporate established under section 4 of the
Electricity Commission Act 1978.
32 Territory to indemnify Authority
The Territory shall indemnify the Authority, and keep the Authority
indemnified, against all actions, claims or demands brought or
made against the Authority in relation to an act done or omitted to
be done under or pursuant to the Water Supply and Sewerage
Act 1983 before the commencement of this Act, being actions,
claims or demands that, but for this Act, could be brought or made
against the Territory.
34 References to Authority
(1) A reference to the Power and Water Authority:
(a) in any security, licence, bank account or instrument (including
a contract, arrangement, Act, regulation, by-law or rule or
court document relating to an action, prosecution or
proceeding) or any other document, that subsists immediately
before the commencement of the Power and Water
Amendment Act 2001; or
(b) in any notice or other communication served, given, or sent
before, on, or after the commencement of that Act in relation
to the security, licence, bank account, or instrument,
is, unless the context otherwise requires, to be read as a reference
to the Corporation.
(2) On the commencement of the Power and Water Amendment
Act 2001, a reference to the Power and Water Authority in any
register or certificate relating to interests in land is to be taken to be
a reference to the Power and Water Corporation.
Schedule Modifications of Public Sector Employment and Management Act 1993 in
relation to the Corporation
Power and Water Corporation Act 1987 9
Schedule Modifications of Public Sector Employment
and Management Act 1993 in relation to the
Corporation
section 7(2)
1 Sections 22 and 23 modified
Sections 22 and 23
repeal
2 Section 24 modified
(1) Section 24(1)
omit, insert
(1) The functions of the Chief Executive Officer of the Power and
Water Corporation under this Act are to employ and manage
employees in accordance with this Act for the purpose of enabling
the Corporation to perform its functions.
Note for subsection (1)
In the exercise of his or her functions, the Chief Executive Officer is subject to the
direction of the Board of the Power and Water Corporation (see section 16(5) of
the Government Owned Corporations Act 2001).
(2) Section 24(2)(a)
omit
(3) Section 24(2)(b)
omit, insert
(b) upholds the human resource management principle and
performance and conduct principle; and
(4) Section 24(3)(b) and (h)
omit
Schedule Modifications of Public Sector Employment and Management Act 1993 in
relation to the Corporation
Power and Water Corporation Act 1987 10
(5) Section 24(4)
omit
or any other Act.
insert
Act in relation to employees.
3 Sections 27 and 28 modified
Sections 27 and 28
repeal
ENDNOTES
Power and Water Corporation Act 1987 11
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Power and Water Authority Act 1987 (Act No. 20, 1987)
Assent date 25 June 1987
Commenced 1 July 1987 (Gaz S48, 29 June 1987)
Power and Water Authority Amendment Act 1988 (Act No. 36, 1988)
Assent date 14 September 1988
Commenced 14 September 1988
Statute Law Revision Act 1989 (Act No. 60, 1989)
Assent date 2 October 1989
Commenced 2 October 1989
Power and Water Authority Amendment Act 1989 (Act No. 75, 1989)
Assent date 12 December 1989
Commenced 2 January 1992 (Gaz S65, 20 December 1991)
Statute Law Revision Act 1990 (Act No. 33, 1990)
Assent date 11 June 1990
Commenced 11 June 1990
Power and Water Authority Amendment Act 1991 (Act No. 52, 1991)
Assent date 26 September 1991
Commenced 26 September 1991
Public Sector Employment and Management (Consequential Amendments) Act 1993
(Act No. 28, 1993)
Assent date 30 June 1993
Commenced 1 July 1993 (s 2, s 2 Public Sector Employment and
Management Act 1993 (Act No. 11, 1993) and Gaz S53,
29 June 1993)
ENDNOTES
Power and Water Corporation Act 1987 12
Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)
Assent date 31 December 1993
Commenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83,
1993) and Gaz S35, 20 May 1994)
Power and Water Authority Amendment Act 1994 (Act No. . 6, 1994)
Assent date 16 March 1994
Commenced 13 May 1994 (Gaz S33, 13 May 1994)
Amending Legislation
Statute Law Revision Act 1994 (Act No. 50, 1994)
Assent date 20 September 1994
Commenced 20 September 1994
Financial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)
Assent date 21 March 1995
Commenced 1 April 1995 (s 2, s 2 Financial Management Act 1992 (Act
No. 4, 1995) and Gaz S13, 31 March 1995)
Power and Water Authority Amendment Act 1998 (Act No. 39, 1998)
Assent date 27 May 1998
Commenced 27 May 1998
Power and Water Authority Amendment Act 1999 (Act No. 38, 1999)
Assent date 31 August 1999
Commenced 17 May 2000 (s 2)
Power and Water Authority Amendment Act 2000 (Act No. 8, 2000)
Assent date 21 March 1999
Commenced 1 April 2000 (Gaz S14, 31 March 2000)
Power and Water Authority Amendment Act 2001 (Act No. 70, 2001)
Assent date 21 December 2001
Commenced s 8 to extent it rep s 19: nc; rem: 1 July 2002 (Gaz G25,
26 June 2002, p 5)
Statute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)
Assent date 13 September 2002
Commenced 30 October 2002 (Gaz G43, 3 October 2002, p 3)
Statute Law Revision Act (No. 2) 2002 (Act No. 59, 2002)
Assent date 7 November 2002
Commenced 7 November 2002
Public Sector Employment and Management Amendment Act 2011 (Act No. 29, 2011)
Assent date 31 August 2011
Commenced 1 January 2012 (Gaz S73, 20 December 2011, p 2)
Power and Water Corporation Legislation Amendment Act 2014 (Act No. 13, 2014)
Assent date 13 May 2014
Commenced 29 May 2014 (Gaz S29, 29 May 2014, p 2)
ENDNOTES
Power and Water Corporation Act 1987 13
Local Government Amendment Act 2014 (Act No. 19, 2014)
Assent date 2 June 2014
Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014
(s 2)
3 SAVINGS AND TRANSITIONAL PROVISIONS
ss 12 and 13 Power and Water Authority Amendment Act 2001 (Act No. 70,
2001)
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 5, 6, 7, 14, 14A, 14C, 22,
28, 30, 31 and 32 and sch.
5 LIST OF AMENDMENTS
lt amd No. 70, 2001, s 14
s 1 sub No. 70, 2001, s 4
pt II hdg amd No. 70, 2001, s 14
s 3 amd No. 28, 1993, s 3; No. 6, 1994, ss 4 and 6; No. 38, 1999, s 4; No. 70,
2001, s 5; No. 13, 2014, s 25
s 4 amd No. 5, 1995, s 19; No. 70, 2001, s 6
s 5 amd No. 28, 1993, s 3
sub No. 6, 1994, s 5; No. 38, 1999, s 5; No. 70, 2001, s 7
s 6 amd No. 28, 1993, s 3
sub No. 6, 1994, s 5
amd No. 38, 1999, s 6
sub No. 70, 2001, s 7
amd No. 29, 2011, s 45
sub No. 13, 2014, s 26
pt IIA hdg ins No. 6, 1994, s 5
om No. 38, 1999, s 7
s 7 amd No. 28, 1993, s 3
sub No. 6, 1994, s 5; No. 38, 1999, s 8
rep No. 70, 2001, s 7
ins No. 13, 2014, s 26
s 8 sub No. 6, 1994, s 5
amd No. 38, 1999, s 9
rep No. 70, 2001, s 7
ss 9 – 10 sub No. 6, 1994, s 5; No. 38, 1999, s 10
rep No. 70, 2001, s 7
s 10A ins No. 38, 1999, s 10
rep No. 70, 2001, s 7
s 11 amd No. 28, 1993, s 3; No. 6, 1994, s 6 No. 38, 1999, s 11
rep No. 70, 2001, s 7
s 12 amd No. 6, 1994, s 6
rep No. 70, 2001, s 7
s 13 amd No. 33, 1990, s 9; No. 28, 1993, s 3; No. 6, 1994, s 6; No. 38, 1999,
s 12; No. 8, 2000 s 4
rep No. 70, 2001, s 7
ENDNOTES
Power and Water Corporation Act 1987 14
s 14 amd No. 52, 1991, s 3; No. 39, 1998, s 3
sub No. 8, 2000, s 5
amd No. 70, 2001, s 14; No. 13, 2014, s 27
ss 14A – 14B ins No. 8, 2000, s 5
amd No. 70, 2001, s 14
s 14C ins No. 8, 2000, s 5
amd No. 70, 2001, s 14; No. 13, 2014, s 28
s 15 amd No. 36, 1988, s 2; No. 75, 1989, s 3; No. 52, 1991, s 4; No. 28, 1993,
s 3; No. 39, 1998, s 4; No. 8, 2000, s 6; No. 70, 2001, s 14; No. 59, 2002, s 5
rep No. 13, 2014, s 29
s 16 sub No. 38, 1999, s 13
rep No. 70, 2001, s 8
s 17 amd No. 39, 1998, s 5
rep No. 70, 2001, s 8
s 18 rep No. 28, 1993, s 3
s 19 amd No. 84, 1993, s 6; No. 59, 2002, s 5; No. 19, 2014, s 26
s 20 amd No. 70, 2001, s 14
s 21 rep No. 70, 2001, s 8
s 22 amd No. 6, 1994, s 6; No. 70, 2001, s 9
s 23 amd No. 28, 1993, s 3; No. 6, 1994, s 6
rep No. 70, 2001, s 10
s 24 amd No. 70, 2001, s 14
s 25 amd No. 39, 1998, s 6
rep No. 8, 2000, s 7
s 28 amd No. 60, 1989, s 6
s 29 rep No. 70, 2001, s 10
s 31 amd No. 60, 1989, s 6; No. 38, 2002, s 6; No. 13, 2014, s 30
s 33 rep No. 70, 2001, s 11
s 34 ins No. 70, 2001, s 11
sch ins No. 13, 2014, s 31