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WATER AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 40 - SECT 84

84 Insertion of new s 700A

Chapter 4, part 7, division 2—

insert—

'(1) This section applies if—

(a) the Minister is satisfied—
(i) a local government and a water authority have agreed in writing—
(A) to a proposed transfer by the water authority to the local government of all or part of the authority's functions; and
(B) on how to implement the proposed transfer; and
(ii) the water authority has taken reasonable steps to inform—
(A) its customers and ratepayers of the proposed transfer; and
(B) its customers and ratepayers of the date of the proposed transfer; and
(C) its ratepayers of the amount of any proposed charges by the local government for the supply of water to be imposed for the first year after the proposed transfer, or how to work out the proposed charges; and
(D) its ratepayers of the terms of a model agreement between the local government and the persons to whom the local government is to supply water about the supply of water to the persons; and
(E) its ratepayers of whether the local government proposes to require persons to whom the local government is to supply water to enter into agreements between the local government and the persons about the supply of water; and
(b) the local government and water authority have—
(i) notified the Minister of their agreement about the proposed transfer and on how it is to be implemented; and
(ii) asked, in writing, for the Minister's approval of the proposed transfer; and
(c) the proposed transfer is because of action taken by the State in response to the Webbe-Weller review.

'(2) The Minister may require the local government or water authority to do either or both of the following—

(a) provide the Minister with further particulars relating to the proposed transfer within a reasonable period of at least 28 days after the requirement is made;
(b) address an issue relevant to the proposed transfer in the agreement mentioned in subsection (1)(a)(i).

'(3) The Minister may approve the proposed transfer.

'(4) If the Minister approves the proposed transfer, a regulation may approve the agreement entered into between the water authority and the local government.

'(5) The regulation must include, as an attachment, a copy of the agreement.

'(6) The agreement takes effect when the regulation commences.'.



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