68AService charges

68A Service charges

[Section 68A Inserted by No. 51 of 2008, s. 9, Applied:01 Jul 2009]

(1)  A price and service plan submitted by a regulated entity for approval under section 65 must include –

(a) a policy that sets out the circumstances in which the regulated entity will impose a service charge in relation to serviced land; and

(b) the amount of, or method of determining the amount of, the service charge, in relation to water infrastructure or sewerage infrastructure or water services or sewerage services.

(2)  A regulated entity may determine that a service charge applies in relation to water services or sewerage services to land referred to in subsection (1) if –

(a) a water service or sewerage service is provided through a connection to a pipe or sewer that is not owned by the regulated entity; or

(b) a water service or sewerage service is available through a regulated entity's water infrastructure or sewerage infrastructure but is not connected to a water system or sewerage system; or

(c) a water service or sewerage service is provided other than through a connection point.

(3)  The owner of any land to which –

(a) a service charge applies under a price and service plan approved by the Regulator under section 65 ; and

(b) a service rate or service charge applies under section 95 of the Local Government Act 1993 , immediately before the commencement of this Division –

is liable for the payment of the service charge.

(4)  Subject to subsection (7) , a regulated entity may not charge a service charge under this section, unless notice is –

(a) served on the owner of the land; and

(b) published in a newspaper circulating generally in the area in which the land is situated.