Water and Sewerage Industry Act 2008

Subject to this section, a regulated entity may – install water infrastructure or sewerage infrastructure on public land; and carry out operational work or protective work on water infrastructure or sewerage infrastructure on public land; and carry out other work on public land for the provision of a water service or a sewerage service.

Subject to this section, a regulated entity must – unless otherwise agreed between the regulated entity and the authority responsible for the management of the public land (the "responsible authority"), or in the case of an emergency, give the responsible authority on whose land the regulated entity intends to carry out work not less than 7 days' written notice of the regulated entity's intention to carry out work on the land; and before commencing the work, secure the responsible authority's agreement as to how the work is to be carried out.

Any agreement under subsection (2) may include conditions that the responsible authority considers appropriate in the public interest.

Prior notice is not required under subsection (2) for work of a kind prescribed by the regulations for the purposes of this section.

Agreement is not required under subsection (2) for work of a kind prescribed by the regulations for the purposes of this section.

In an emergency, a regulated entity may carry out any work specified in subsection (1) at any time and – may be accompanied by such other persons as the regulated entity considers necessary or appropriate; and may bring on to the land any vehicles and equipment that the regulated entity considers necessary or appropriate for the work which the regulated entity is to carry out on the land.

If the responsible authority, on being given notice under subsection (2), decides to – include, in the agreement under that subsection, conditions that the regulated entity considers unreasonable; or dispute that the regulated entity is entitled to carry out the proposed work – the regulated entity may appeal to the Appeal Tribunal.

Subsection (7) does not apply if the responsible authority is a Minister or a person or body to whom directions may be given by a Minister in respect of the matter in dispute.

Except as provided by subsection (10), the Appeal Tribunal is to hear and determine the appeal in accordance with the Tasmanian Civil and Administrative Tribunal Act 2020.

Despite clause 7(3) of Part 8 of Schedule 2 to the Tasmanian Civil and Administrative Tribunal Act 2020, the Appeal Tribunal must not, under that clause, allow any person other than the regulated entity and the responsible authority to be a party to the appeal.

A regulated entity must make good, to the satisfaction of the responsible authority, any damage caused by the exercise of powers under this section as soon as practicable.

If a regulated entity fails to make good, to the satisfaction of the responsible authority, any damage caused by the exercise of powers under this section, the responsible authority may make good the damage itself.

The cost of making good the damage referred to in subsection (12) may be recovered by the responsible authority in a court of competent jurisdiction as a debt owed to it by the regulated entity.

This section does not derogate from an obligation to comply with any other Act.