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Section 59A(2) Local Government Act - Power to extend

Last Post 1/08/2019 2:35:41 PM by Riverina Water County Council. 5 replies.
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Section 59A(2) Local Government Act - Power to extend

26-07-2019 02:21 PM
 
Tweed Shire Council
by Tweed Shire Council
Joined 01-01-0001 12:00 AM
Posts 3
Has anyone used s59A(2) of the LG Act namely - A council may operate, repair, replace, maintain, remove, extend, expand, connect, disconnect, improve or do any other things that are necessary or appropriate to any of its works to ensure that, in the opinion of the council, the works are used in an efficient manner for the purposes for which the works were installed. To extend a water supply system or sewerage system through a private property to service one or more other properties. Without the consent of the property owner through which the pipe will pass and without providing that property with a service.

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Re: Section 59A(2) Local Government Act - Power to extend

30-07-2019 03:55 PM
 
brett.corven@esc.nsw.gov.au
by brett.corven@esc.nsw.gov.au
Joined 13-11-2015 09:54 AM
Posts 12
Hi, I have previously sought legal advice when traversing property to a proposed new sewage treatment plant. The advice was if you were extending a main from within that property (such as to service an adjacent lot) then s59A(2) could be relied upon, but if the pipe were a new pipe to service a new area then you would be on shaky ground. However, I think you could rely on S125 of SEPP Infrastructure - Development for the purpose of water reticulation systems may be carried out by or on behalf of a public authority without consent on any land, and S106 "Development for the purpose of sewage reticulation systems may be carried out without consent on any land in the prescribed circumstances".Regards,

Re: Section 59A(2) Local Government Act - Power to extend

31-07-2019 08:39 AM
 
craig.wilkinson@midcoastwater.com.au
by craig.wilkinson@midcoastwater.com.au
Joined 03-03-2015 08:46 AM
Posts 1
Hi, MidCoast Council (prev. MidCoast Water) has previously sought advice on this matter as well. Specifically our matter related to extending the sewer main through adjacent property to service a neighbor. In the end, and based on our advice, we outlined our position to the affected owner including our powers under the LG Act, and they subsequently gave permission to enter and undertake works - there was then no need to enact our powers under LG Act. In relation to utilizing SEPP Infrastructure, my understanding of this is that, the words "carried out by or on behalf of a public authority without consent on any land" refers to consent from a consent authority (ie Council) for a Development Application - in this, you wouldn't need to obtain council approval in order to undertake the works on any land - this wouldn't omit you from gaining land owners consent, or utilizing the provisions of the LG Act. The important thing to remember is that the SEPPs relate to the EP&A Act and not the LG Act.Hope this helps shed a little extra light on the matter. Regards,Craig

Re: Section 59A(2) Local Government Act - Power to extend

31-07-2019 11:32 AM
 
brendan.guiney@waterdirectorate.asn.au
by brendan.guiney@waterdirectorate.asn.au
Joined 07-06-2019 12:25 PM
Posts 2
Hi all. Compulsory entry is always a difficult subject, even for quite minor construction works. I always recommend legal advice to consider the specifics of any individual case. Compulsory entry is dealt with in the NSW Local Government Act Chapter 8, Part 2: https://www.legislation.nsw.gov.au/#/view/act/1993/30/chap8/part2. Within that part of the Act, Section 191A gives a Council power of entry for construction. Notices and authorities are dealt with in Sections 193 and 199 respectively. You are not obliged to obtain easements with this approach. However if you wish to acquire easements, Water Directorate has mapped out the details of the easement acquisition process in a Land Matters guideline available through our bookshop or free to members via the Members area of the website. Regards Brendan Guiney |Executive Officer | Water Directorate 0407 894 765

Re: Section 59A(2) Local Government Act - Power to extend

01-08-2019 12:01 PM
 
Riverina Water County Council
by Riverina Water County Council
Joined 01-01-0001 12:00 AM
Posts 18
The NSW WD Easement Guidelines (2015) mention a Circular (dated 4 January 2006) from (then) Department of Local Government that reinforces the powers under LGA (s59A). Unfortunately, I'm unable to sight this Circular from the OLG website as it's not listed. I've made a general inquirey regarding this, but in the meantime, does anyone have a copy of this vintage advice? I'm just curious what it says.... Regards Jason Ip, Riverina Water

Re: Section 59A(2) Local Government Act - Power to extend

01-08-2019 02:35 PM
 
Riverina Water County Council
by Riverina Water County Council
Joined 01-01-0001 12:00 AM
Posts 18
Hi All,Thanks to Shane Squires from Narrandera Shire Council who found a copy. The Circular gives credence to powers that that were withdrawn in the LG Act 1993, with an amendment to the LG Act in 2002. Am arranging this to be uploaded onto the Members Area for future reference. Regards, Jason Ip
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