New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 296

296 Entry on land to read meters or carry out works

(1) A water supply authority may, by its employees and agents--

(a) enter and occupy land and there exercise any of its functions, including the carrying out of any work on, below or above the surface of the land, and

(b) divert water from, or alter the course of, a stream, and

(c) impound or take water on, in or under the surface of any land.

(2) The power conferred by this section is sufficient authority for an employee or agent to enter and occupy land or any part of a building (except an enclosed part occupied as a separate dwelling) in the exercise of a water supply authority's functions during daylight for the purpose of--

(a) reading a meter, or

(b) ascertaining whether trade waste is present or is being (or has recently been) discharged to a work of the authority, or

(c) making a valuation,

unless the employee or agent is refused access by the lawful occupier of the land.

(3) A water supply authority may, in accordance with the regulations, attach a ventilating shaft, pipe or tube for a sewer to the wall of a building.

(4) A water supply authority may remove or use anything dug up or obtained in the exercise of its powers under this section.

(5) A water supply authority--

(a) must do as little damage as practicable in exercising its powers under this section, and

(b) must compensate all persons who suffer damage by the exercise of the powers,

in relation to the land entered.

(6) Compensation may be made by reinstatement or repair, by construction of works or by payment.

(7) If a water supply authority provides a sewer, compensation is required only if--

(a) the sewer causes injury to, or interference with, a building or other structure, or

(b) a manhole or main ventilator is constructed on the land.

(8) A claim for compensation--

(a) is ineffective unless made in writing not later than 6 months after the damage was suffered, and

(b) in the absence of agreement on the compensation, must be dealt with as if it were a claim for compensation for the acquisition of land for public purposes under the Public Works Act 1912 .