Water Industry Competition Act 2006

If the Minister is satisfied a declared failure should be resolved by a public water utility providing a water or sewerage service under the utility’s Act to replace the provision of the essential service under this Act on a permanent basis, the Minister may, by order published in the Gazette, declare that this section applies to the declared failure.

If this section is declared to apply—

the statutory power of the utility to acquire land by negotiation or compulsorily, if any, is to be read as extending to a power to acquire essential infrastructure and land for the purposes of the declaration, and

the statutory power to acquire land and the Land Acquisition (Just Terms Compensation) Act 1991 are to be read subject to the modification that a reference to land includes a reference to essential infrastructure and subject to other modifications prescribed by the regulations.