New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 298

298 Power to break up roads

(1) A water supply authority may, on giving reasonable notice to persons likely to be affected, open and break up--

(a) the soil and pavement of a public road or public reserve, and

(b) any sewer, drain or tunnel in or under a public road or public reserve,

for the purpose of exercising its functions.

(2) The statutory body having the control and management of a public road or public reserve may, as prescribed by the regulations, require a water supply authority to comply with conditions in exercising its powers under subsection (1), including conditions for restoration of the surface and removal of rubbish.

(3) If a public road or public reserve is damaged by a leakage from, or a bursting of, a water supply authority's water main or sewer main, the statutory body having the control and management of the public road or public reserve may require the water supply authority to make good the damage without delay.

(4) If a water supply authority fails--

(a) to comply with a condition in force under subsection (2), or

(b) to comply with a requirement under subsection (3),

the statutory body affected by the failure may remedy it and recover the cost of doing so as a debt owed to the statutory body by the water supply authority.