Water Industry Act 2012

Before beginning—

to first lay the pavement or hard surface in any road;

to relay the pavement or hard surface in any road; or

to widen or extend the pavement or hard surface in any road;

to alter the level of any road; or

to construct or alter any footpaths, gutters, kerbing or water tables in any road; or

to construct or alter any drainage work in any road, in which there is any water/sewerage infrastructure, the person authorising or intending to do so must give the relevant water industry entity at least 14 days notice of the proposed work (being a notice that includes details of the nature and thickness of the pavement or hard surface proposed to be made or laid in any such work, and of any other work that is proposed to be undertaken).

The water industry entity must, within 14 days after receiving a notice, advise the person who gave the notice of any new water/sewerage infrastructure proposed in the relevant road and of any interference that is expected to be caused to the existing water/sewerage infrastructure.

If any work referred to in subsection (1) would involve any alteration to any water/sewerage infrastructure that is owned or operated by a water industry entity, the person who undertakes the work must, subject to subsection (5), pay to the entity—

unless paragraph (b) applies—half of the actual cost of the alteration or any damage caused by the work;

in prescribed circumstances—an amount determined under the regulations, and if the regulations prescribe an amount as the cost of any alteration, then that amount must be taken to be the cost of the alteration for the purposes of this subsection.

If an alteration to any water/sewerage infrastructure is of such a nature as to involve expense which in the opinion of the relevant water entity would be excessive, the entity may confer with the person authorised to do the work to determine whether any variations to the proposed work would be advantageous to the parties.

If any work referred to in subsection (1) would involve an alteration to any water/sewerage infrastructure and the relevant water industry entity considers that the infrastructure should be replaced or enlarged, the costs of all materials required for any such replacement or enlargement must, subject to the regulations, be borne by the water industry entity (but all other costs and charges will be payable in accordance with this section).

A water industry entity may, under an agreement between the entity and a person otherwise required to give notice under this section, waive the requirement to give such notice in relation to specified classes of work (and such an agreement may have effect according to its terms).