63Power to carry out work on public land

63 Power to carry out work on public land (1) Subject to this section and the Planning Act 1999, a licensee may: (a) install water supply or sewerage services infrastructure on public land; (b) operate, maintain, repair, alter, add to, remove or replace water supply or sewerage services infrastructure on public land; or (c) carry out other work on public land, including excavating the land, relating to the supply of water supply or sewerage services. (2) Subject to this section, a licensee must: (a) give the agency responsible for managing the public land not less than 7 days notice of the licensee's intention to carry out work on the land; and (b) obtain the agency's agreement to the work that is to be carried out. (3) Subsection (2) does not apply in an emergency or if urgent works are required to protect the safety of the water supply or sewerage services, the public or infrastructure. (4) An agreement under this section may contain conditions that the agency considers appropriate in the public interest. (5) If a dispute arises between the licensee and the agency about whether work should be permitted to be carried out or about the conditions on which it should be permitted, either party to the dispute may refer the dispute to the Minister.

Water Supply and Sewerage Services Act 2000 32 (6) If a dispute is referred to the Minister, the Minister must: (a) allow the parties to the dispute the opportunity to make representations to the Minister on the questions at issue in the dispute; and (b) make a reasonable attempt to get the parties to agree to settling the dispute on agreed terms. (7) If the Minister cannot get the parties to agree, the Minister may: (a) order that the work is permitted to be carried out on the land and may determine the conditions on which the work is to be carried out; or (b) order that the work is not permitted to be carried out. (8) A licensee must make good any damage caused by the exercise of powers under this section as soon as practicable or pay reasonable compensation for the damage. (9) This section does not derogate from the obligation to comply with the provisions of any other Act.