sec.161Declaration of service area

### sec.161 Declaration of service area Subsection (2) applies if a local government, or a local government entity, supplies a reticulated water service or sewerage service in all or part of the local government area for the local government (a relevant area ). The local government must, by resolution, declare— the relevant area to be a service area for the reticulated water service or the sewerage service; and the local government, or the local government entity, to be the service provider for the service in the service area. The declaration under subsection (2) must be made within 1 year after the local government, or the local government entity, first supplies the reticulated water service or the sewerage service in the relevant area. See also section 676 . Also, the local government may, by resolution, declare— all or part of the local government area for the local government, other than a relevant area, to be a service area for a reticulated water service or sewerage service; and a stated service provider to be the service provider for the service in the service area. A local government must not declare an entity, other than the local government or a local government entity, to be the service provider for a reticulated water service or sewerage service in all or part of the local government area for the local government unless the other entity agrees in writing to the declaration before the declaration is made. A local government may, by resolution, amend a declaration made under this section by adding an area to, or removing an area from, the service area. The local government must not amend a declaration made under this section without the written agreement of the service provider unless the service provider is the local government or a local government entity. A resolution under this section takes effect on— if the declaration states a day—the stated day; or otherwise—the day the declaration is made. A local government must not declare an area to be a service area for a retail water service or a sewerage service if the area is already a service area for a service of the same type. In this section— reticulated water service — means a water service that is the reticulation of water; but does not include— an irrigation service or bulk water service in any area; or the supply of recycled water in any area. s 161 sub 2019 No. 17 s 343 (sec.161-ssec.1) Subsection (2) applies if a local government, or a local government entity, supplies a reticulated water service or sewerage service in all or part of the local government area for the local government (a relevant area ). (sec.161-ssec.2) The local government must, by resolution, declare— the relevant area to be a service area for the reticulated water service or the sewerage service; and the local government, or the local government entity, to be the service provider for the service in the service area. (sec.161-ssec.3) The declaration under subsection (2) must be made within 1 year after the local government, or the local government entity, first supplies the reticulated water service or the sewerage service in the relevant area. See also section 676 . (sec.161-ssec.4) Also, the local government may, by resolution, declare— all or part of the local government area for the local government, other than a relevant area, to be a service area for a reticulated water service or sewerage service; and a stated service provider to be the service provider for the service in the service area. (sec.161-ssec.5) A local government must not declare an entity, other than the local government or a local government entity, to be the service provider for a reticulated water service or sewerage service in all or part of the local government area for the local government unless the other entity agrees in writing to the declaration before the declaration is made. (sec.161-ssec.6) A local government may, by resolution, amend a declaration made under this section by adding an area to, or removing an area from, the service area. (sec.161-ssec.7) The local government must not amend a declaration made under this section without the written agreement of the service provider unless the service provider is the local government or a local government entity. (sec.161-ssec.8) A resolution under this section takes effect on— if the declaration states a day—the stated day; or otherwise—the day the declaration is made. (sec.161-ssec.9) A local government must not declare an area to be a service area for a retail water service or a sewerage service if the area is already a service area for a service of the same type. (sec.161-ssec.10) In this section— reticulated water service — means a water service that is the reticulation of water; but does not include— an irrigation service or bulk water service in any area; or the supply of recycled water in any area. - (a) the relevant area to be a service area for the reticulated water service or the sewerage service; and - (b) the local government, or the local government entity, to be the service provider for the service in the service area. - (a) all or part of the local government area for the local government, other than a relevant area, to be a service area for a reticulated water service or sewerage service; and - (b) a stated service provider to be the service provider for the service in the service area. - (a) if the declaration states a day—the stated day; or - (b) otherwise—the day the declaration is made. - (a) means a water service that is the reticulation of water; but - (b) does not include— (i) an irrigation service or bulk water service in any area; or (ii) the supply of recycled water in any area. - (i) an irrigation service or bulk water service in any area; or - (ii) the supply of recycled water in any area. - (i) an irrigation service or bulk water service in any area; or - (ii) the supply of recycled water in any area.