sec.77KProvisions for sharing benefit of liability not solely for water infrastructure

### sec.77K Provisions for sharing benefit of liability not solely for water infrastructure This section applies if— the liability is for the water infrastructure; and under the relevant action there is also a liability for infrastructure other than water infrastructure; and the terms of the relevant action do not attribute a specific part of the liability to the water infrastructure. The local government and the distributor-retailer (each a negotiation party ) must negotiate in good faith about the extent to which each of them is to share the benefit of the liability. If, after the negotiation, the negotiation parties are in dispute about how to share the liability, either negotiation party may refer the dispute to the Minister. The Minister may resolve the dispute in any way the Minister considers appropriate that affords natural justice to the negotiation parties. The Minister’s decision on the resolution of the dispute binds the negotiation parties. The Minister may delegate the Minister’s functions under this section to an appropriately qualified public service officer. s 77K ins 2010 No. 20 s 16 amd 2012 No. 1 s 105 sch (sec.77K-ssec.1) This section applies if— the liability is for the water infrastructure; and under the relevant action there is also a liability for infrastructure other than water infrastructure; and the terms of the relevant action do not attribute a specific part of the liability to the water infrastructure. (sec.77K-ssec.2) The local government and the distributor-retailer (each a negotiation party ) must negotiate in good faith about the extent to which each of them is to share the benefit of the liability. (sec.77K-ssec.3) If, after the negotiation, the negotiation parties are in dispute about how to share the liability, either negotiation party may refer the dispute to the Minister. (sec.77K-ssec.4) The Minister may resolve the dispute in any way the Minister considers appropriate that affords natural justice to the negotiation parties. (sec.77K-ssec.5) The Minister’s decision on the resolution of the dispute binds the negotiation parties. (sec.77K-ssec.6) The Minister may delegate the Minister’s functions under this section to an appropriately qualified public service officer. - (a) the liability is for the water infrastructure; and - (b) under the relevant action there is also a liability for infrastructure other than water infrastructure; and - (c) the terms of the relevant action do not attribute a specific part of the liability to the water infrastructure.