29 July 2002

The Local Government Act 1993 was recently amended to permit local government officers to inspect and maintain water supply, sewerage and stormwater drainage infrastructure. The new Act, Local Government Amendment (Miscellaneous) Act 2002, was gazetted on Friday 26 July and will commence from 1 August 2002.

The Department of Local Government has released a Circular outlining the amendments in the new Act. The Circular provides a brief description of the new section 19A relating to the powers of entry. Please download a copy of this Circular from http://www.dlg.nsw.gov.au/dlg/dlghome/documents/Circulars/02-36.pdf.

At this stage, the Water Directorate recommends that councils continue to obtain easements for all new works, particularly subdivisions. It is our understanding that easements for existing works are not necessary but if your council believes an easement would be prudent for a particular property then it should also be obtained.

The Water Directorate is currently organising legal advice on the new Act and we will circulate this advice to our member council's as soon as it is available. In the meantime, member councils are recommended to also get legal advice where appropriate.

Please forward any questions or concerns to Gary Mitchell so they can be included in our legal review.

For more information contact: