34Altering position of conduits

34 Altering position of conduits

34 Altering position of conduits

(1) Water NSW may serve on a person a notice in writing that complies with subsection (2) if—

(a) Water NSW, in order to exercise its functions, needs an alteration to be made in the position of a conduit owned by the person, and

(b) the alteration would not permanently damage the conduit or adversely affect its operation.

(2) A notice must—

(a) specify the alteration needed, and

(b) require the alteration to be made within a reasonable time stated in the notice, and

(c) include an undertaking by Water NSW to pay the reasonable cost of the alteration.

(3) If the alteration is not made as required by the notice, Water NSW may make the alteration in such a manner as not to damage the conduit permanently or adversely affect its operation on completion of the alteration.

(4) Water NSW may, for the purposes of subsection (3), exercise any powers of the person on whom the notice was served, in addition to or instead of any powers of Water NSW.

(5) Except as provided by subsection (4), this section does not confer on Water NSW or the owner of the conduit any additional powers of entry or powers to carry out works than would be available apart from this section.

(6) In this section—

conduit means anything that is in or under a public road (or any other land on which no building or other structure is located) and is used for the conveyance of a substance, energy or signals.