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LOCAL GOVERNMENT AND OTHER LEGISLATION (INDIGENOUS REGIONAL COUNCILS) AMENDMENT ACT 2007 No. 59 - SECT 149

149 Insertion of new ch 9, pt 5, div 10

Chapter 9, part 5--

insert--

'In this division--

adjusted local government area means an adjusted local government area under the reform implementation provisions.

changeover day, for a new or adjusted local government area, means the changeover day for the area under the reform implementation provisions.

existing local government means an existing local government under the reform implementation provisions.

new local government area means a new local government area under the reform implementation provisions.

reform implementation provisions means the Local Government Act 1993, chapter 3, part 1B.

'(1) This section applies in relation to an existing local government's infrastructure for supplying a water or sewerage service if--

(a) the existing local government is the service provider for the service; and
(b) after the changeover day for a new or adjusted local government area, the infrastructure for supplying the service is on land that forms part of the new or adjusted local government area.

'(2) On and from the changeover day for the new or adjusted local government area, the local government for the new or adjusted local government area--

(a) is taken to be the service provider for the service; and
(b) has, to the greatest practicable extent, the same functions, powers and obligations of the existing local government in relation to its operation as a service provider for the service.

'(1) The local government for a new or adjusted local government area must prepare service provider documents for its area.

'(2) Each service provider document must be prepared in the way required under this Act for the document.

'(3) The local government for a new or adjusted local government area must give the regulator a copy of each of its service provider documents--

(a) for a service provider document other than a system leakage management plan--within 1 year after the changeover day for the new or adjusted local government area; or
(b) for a system leakage management plan--within 2 years after the changeover day for the new or adjusted local government area; or
(c) if the regulator agrees that the local government may give a service provider document on a later day--on the later day.

'(4) In this section--

service provider document means each of the following--

(a) customer service standard;
(b) drought management plan;
(c) strategic asset management plan;
(d) system leakage management plan.

'(1) This section applies if there is a change relating to information kept by the regulator under section 516 in the register of service providers because of the changes to local government areas that happen on the changeover day for a new or adjusted local government area under the reform implementation provisions.

'(2) The regulator must, as soon as practicable after the changeover day for the new or adjusted local government area, amend the register of service providers to reflect the change.

'(3) The local government for the new or adjusted local government area must give the regulator any information the regulator requires for the purposes of amending the register under subsection (2).

'(1) This section applies if--

(a) an existing local government has, under section 449, declared--
(i) all or part of its local government area to be a service area; and
(ii) the service provider for the service area; and
(b) from the changeover day for a new or adjusted local government area, the service area forms part of the new or adjusted local government area.

'(2) On and from the changeover day for the new or adjusted local government area--

(a) the service area is taken to be a service area declared by the local government for the new or adjusted local government area; and
(b) the service provider for the service area is--
(i) if the existing local government declared itself to be the service provider for the area--the local government for the new or adjusted local government area; or
(ii) otherwise--the entity the existing local government declared to be the service provider for the service area.'.


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