33Power to break up roads

33 Power to break up roads

33 Power to break up roads

(1) Water NSW may, on giving reasonable notice to persons likely to be affected and for the purpose of exercising its functions under this or any other Act, open and break up—

(a) the soil and pavement of a public road or public reserve, and

(b) any sewer, drain or tunnel in or under a public road or public reserve.

(2) The statutory body having the control and management of a public road or public reserve may, as prescribed by the regulations, require Water NSW to comply with conditions in exercising its powers under subsection (1), including conditions for restoration of the surface and removal of rubbish.

(3) If a public road or public reserve is damaged by a leakage from, or a bursting of, Water NSW’s water main, the statutory body having the control and management of the public road or public reserve may require Water NSW to make good the damage without delay.

(4) If Water NSW fails—

(a) to comply with a condition in force under subsection (2), or

(b) to comply with a requirement under subsection (3),

the statutory body affected by the failure may remedy it and recover the cost of doing so in a court of competent jurisdiction as a debt owed to the statutory body by Water NSW.