11Power of council to adopt stormwater systems

11 Power of council to adopt stormwater systems

(1)  A general manager may agree with a person who has private stormwater systems, or is constructing or proposing to construct private stormwater systems or associated works, that if those works are constructed in accordance with the terms of the agreement, the council will, upon the completion of the work, or at some specified date, or on the happening of some future event, declare the works to be vested in the council.

(2)  An agreement under subsection (1) is enforceable against the council by the owner or occupier for the time being of any premises that are, or are intended to be, served by the works.

(3)  A council must not make an agreement under this section with respect to works situated within the municipal area of another council unless that other council consents.

(4)  Where a person proposes to construct a drain, the general manager may, if the general manager considers that the proposed drain is, or is likely to be, needed to form part of a public stormwater system that it has provided or proposes to provide, require that person to construct the drain in a different way, to a greater hydraulic capacity or with different materials from which the person proposes or could otherwise be required by the council.

(5)  A person must comply with the requirements of a council under subsection (4) .

(6)  A person who is aggrieved by the requirements of a council under subsection (4) may, within 28 days after receipt of notification of the requirements, apply to the Appeal Tribunal to review the requirements.

(7)  On receipt of an application, the Appeal Tribunal may –

(a) disallow the requirement; or

(b) allow the requirement; or

(c) allow the requirement with modifications.

(8)  A council that imposes a requirement under subsection (4) must pay to the person constructing the drain –

(a) any extra expenses reasonably incurred by the person in complying with the requirement; and

(b) until the drain becomes part of a system, any expenses reasonably incurred by the person, in repairing or maintaining the drain, as may be attributable to that requirement.