New South Wales Consolidated Acts

SYDNEY WATER ACT 1994 - SECT 3

3 Definitions

(1) Words and expressions used in this Act have the same meanings as they have in the State Owned Corporations Act 1989 .

(2) In this Act--

"area of operations" means the area of operations referred to in Part 4.

"availability charge" means a charge of a kind referred to in section 64.

"business undertaking" means all assets, rights and liabilities of Sydney Water Corporation Limited, but does not include any excluded undertaking.

"contract charge" means any fee or charge payable under a customer contract.

"controlled area" means an area of land declared by an order in force under section 88 to be a controlled area.

"Corporation" means Sydney Water Corporation.

"customer contract" means a contract of a kind referred to in section 55 (1).

"excluded undertaking" means any assets, rights or liabilities of Sydney Water Corporation Limited that the Minister has directed to be excluded under section 8.

"exercise" of a function includes the performance of a duty.

"function" includes a power, authority or duty.

"instrument" means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.

"lease" includes a licence or permit.

"meter" includes any measuring device.

"Ministerial Holding Corporation" means the Ministerial Holding Corporation constituted by section 37B of the State Owned Corporations Act 1989 .

"operating licence" means an operating licence granted under section 12 or any renewal of it.

"operational audit" means an operational audit of the Corporation that is required to be prepared under the operating licence.

"owner" , in relation to land, includes every person who jointly or severally at law or in equity--

(a) is entitled to the land for an estate of freehold in possession, or

(b) is a person to whom the Crown has contracted to sell the land under the Crown Land Management Act 2016 or any other Act relating to alienation of land of the Crown, or

(c) is entitled to receive, or receives, or if the land were let to a tenant would receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise,

and, in relation to land of the Crown, means the Crown, but does not include a person who, or a class of persons that, is declared by the regulations not to be within this definition, either generally or in a particular case or class of cases.

"public reserve" has the same meaning as it has in the Local Government Act 1993 .

"public road" means--

(a) any road that is opened or dedicated as a public road, whether under the Roads Act 1993 or any other Act or law, or

(b) any road that is declared to be a public road for the purposes of the Roads Act 1993 .

"statutory body" means a corporation that is incorporated by or under an Act, but does not include--

(a) a company within the meaning of the Corporations Act 2001 of the Commonwealth, or

(a1) a co-operative within the meaning of the Co-operatives National Law (NSW) , or

(b) a society within the meaning of the Friendly Societies Act 1989 , or

(b1) a society registered under the Financial Institutions (NSW) Code or the Co-operative Housing and Starr-Bowkett Societies Act 1998 , or

(c) an association incorporated under the Associations Incorporation Act 2009 , or

(d) a body prescribed by the regulations as not being a statutory body for the purposes of this definition.

"storages" means dam walls, pumps and other works used for or with respect to the extraction, and storage, of--

(a) water in rivers and lakes, and

(b) water occurring naturally on the surface of the ground, and

(c) sub-surface waters.

"stormwater drainage area charge" means a charge of a kind referred to in section 65.

"stormwater drainage channel" means any artificial channel by which surface water is carried off.

"Tribunal" means the Independent Pricing and Regulatory Tribunal established under the Independent Pricing and Regulatory Tribunal Act 1992 .

"Water Administration Ministerial Corporation" means the Water Administration Ministerial Corporation constituted by the Water Management Act 2000 .

"Water Board" means the Water Board constituted under the Water Board Act 1987 .

"works" means--

(a) storages, water mains, sewer mains, water and sewage treatment plants, waste water treatment plants, or stormwater drainage channels, or

(b) monitoring devices in, under, over or near--

(i) any works referred to in paragraph (a), or

(ii) any rivers or oceans, or

(c) any works ancillary or antecedent to any works referred to in paragraph (a) or (b).