Water Industry Competition Act 2006

This section applies to work connected with the construction, maintenance or removal of water industry infrastructure that forms part of a scheme in or under a public road or public reserve.

For the purposes of this Act, a registered operator may carry out work to which this section applies.

No such work (other than routine connections, repairs or maintenance work) may be carried out unless the registered operator—

has given the local council or roads authority notice of the proposal to carry out the work, and

has given the local council or roads authority a reasonable opportunity (being at least 40 days from the date on which the notice was given) to make submissions to the registered operator in relation to the proposal, and

has given consideration to any such submissions.

The local council or roads authority may require the registered operator to comply with conditions in exercising its powers under this section, including conditions about the location of the infrastructure, the timing of work and the restoration of the area concerned.

If a public road or public reserve is damaged by a malfunction of infrastructure of the registered operator, the local council or roads authority may require the registered operator to make good the damage without delay.

If the registered operator fails to comply with a condition under subsection (3A) or a requirement under subsection (3B), the person affected by the failure may remedy it and recover the cost of doing so as a debt owed to the person by the registered operator.

Subsection (3) does not apply to the carrying out of any such work to cope with emergencies.

Work to which this section applies is exempt from the requirement for an approval under the Local Government Act 1993.

Section 138 of the Roads Act 1993 does not apply to or in respect of anything done, or to be done, pursuant to this section.