Water Act 1989

An Authority that provides services to a property may, by notice in writing, require the owner of the property to contribute to the present day cost of any works referred to in section 268(1) if the use of any service for which those things are used increases, or will increase, because of development of the land or any other change, or proposed change, in the use of the land.

The amount of the payment required from an owner must—

be assessed by the Authority to be fair and reasonable in all the circumstances; and

take into account any payment that the owner has made or is liable to make under section 268 or 270 in relation to that property.

The notice must specify the things set out in section 268(4)(a) to (f).

An owner of land who changes, or proposes to change, the use of the land in such a way that the use of any service provided by an Authority increases, or will increase, must notify the Authority of the change, or the proposed change.

Failure of an owner to give notice as required by subsection (4) does not prevent an Authority from requiring a payment under this section.