Urban Drainage Act 2013

Except as otherwise provided in this Act, a council must keep the public stormwater systems owned and operated by it in good working order.

For the purposes of cleaning, maintaining and repairing public stormwater systems, a council may exercise all the powers available to it for the construction of public stormwater systems.

In ensuring that stormwater services are available to the urban areas of its municipal area, a council may engage a third-party to provide stormwater services, or use the infrastructure of a third-party.

If a council wishes to engage a third-party or use its infrastructure under subsection (3), the parties must enter into a commercial agreement for that use or engagement.

Nothing in this Act authorises a council to use, injure or interfere with any sluices, flood gates, sewers, breakwaters, sea defences or other works, whether made before or after the commencement of this Act, that are vested in, or under the control of, any person, drainage trust or Corporation, within the meaning of the Water and Sewerage Corporation Act 2012, without the consent of that person, trust or Corporation, as the case requires.

Consent under this section must not be unreasonably withheld and, if a question arises as to whether or not the consent is unreasonably withheld, either party may require its reference to an arbitrator, to be appointed in accordance with the Commercial Arbitration Act 2011.