A county council exercising water supply functions may levy development servicing charges on developers under the broad power in s 608 of the Local Government Act 1993 (NSW) for the provision of water infrastructure, without needing to rely on the compliance certificate regime in s 306 of the Water Management Act 2000 (NSW). The s 608 power is not excluded merely because the council could theoretically provide the service on an annual basis under s 501. However, the power under s 306(2) of the Water Management Act cannot be exercised in the absence of an actual application for a compliance certificate — the prospect of a future application is insufficient.
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