POWER AND WATER CORPORATION ACT 1987

NORTHERN TERRITORY OF AUSTRALIA POWER AND WATER CORPORATION ACT 1987 As in force at 2 June 2014 Table of provisions Part I Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 Part II Power and Water Corporation 4 Power and Water Corporation ......................................................... 1 5 Corporation is Government owned corporation ............................... 2 6 Status as Agency............................................................................. 2 7 Matters relating to Public Sector Employment and Management Act 1993 .................................................................... 2 14 Functions of Corporation – electricity .............................................. 2 14A Functions of Corporation – water and sewerage ............................. 3 14B Functions of Corporation – gas ....................................................... 4 14C Functions of Corporation – general ................................................. 4 Part III Miscellaneous 19 Exemption from rates, &c. ............................................................... 5 20 Protection of employees from personal liability ............................... 5 22 Authentication of documents ........................................................... 5 24 Money due to Corporation ............................................................... 6 26 Regulations...................................................................................... 6 27 Act binds the Crown ........................................................................ 6 Part IV Savings and transitional 28 Certain property to vest in Authority ................................................ 6 30 Proceedings under Water Supply and Sewerage Act 1983 ............ 7 31 References to Electricity Commission ............................................. 7 32 Territory to indemnify Authority........................................................ 8 34 References to Authority ................................................................... 8 Schedule Modifications of Public Sector Employment and Management Act 1993 in relation to the Corporation 1 Sections 22 and 23 modified ........................................................... 9 -- 1 of 16 -- Power and Water Corporation Act 1987 ii 2 Section 24 modified ......................................................................... 9 3 Sections 27 and 28 modified ......................................................... 10 ENDNOTES -- 2 of 16 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 2 June 2014 ____________________ POWER AND WATER CORPORATION ACT 1987 An Act to establish the Power and Water Corporation and for related purposes Part I Preliminary 1 Short title This Act may be cited as the Power and Water Corporation Act 1987. 2 Commencement (1) Sections 1 and 2 shall come into operation on the day on which the Administrator's assent to this Act is declared. (2) The remaining provisions of this Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. 3 Definitions In this Act, unless the contrary intention appears: CEO means the person appointed under section 16 of the Government Owned Corporations Act 2001 to be the chief executive officer of the Corporation. Corporation means the Power and Water Corporation referred to in section 4. Part II Power and Water Corporation 4 Power and Water Corporation There is hereby established the Power and Water Corporation. -- 3 of 16 -- Part II Power and Water Corporation Power and Water Corporation Act 1987 2 5 Corporation is Government owned corporation The Corporation is declared to be a Government owned corporation for the purposes of the Government Owned Corporations Act 2001. 6 Status as Agency (1) The Corporation: (a) is an Agency for the purposes of the Public Sector Employment and Management Act 1993; and (b) is not an Agency for the purposes of any other Act. (2) An Administrative Arrangements Order cannot be made that nominates the Corporation as an Agency. 7 Matters relating to Public Sector Employment and Management Act 1993 (1) The CEO is the Chief Executive Officer of the Corporation for the purposes of the Public Sector Employment and Management Act 1993. (2) The Public Sector Employment and Management Act 1993 applies in relation to the Corporation as if it had been amended as set out in the Schedule. 14 Functions of Corporation – electricity (1) The functions of the Corporation in relation to electricity are: (aa) to manage, plan, develop, expand, enhance, improve and reinforce electricity networks and power systems; (ab) to provide and improve electricity network services; (ac) to provide services designed to improve the efficiency of electricity supply and the management of demand on electricity networks; (a) to generate, acquire, exchange, transport, distribute, market and otherwise supply electricity; (b) to undertake, maintain and operate any works, system, facilities, apparatus or equipment required for any purpose referred to in paragraphs (aa) to (a); -- 4 of 16 -- Part II Power and Water Corporation Power and Water Corporation Act 1987 3 (c) to use its expertise and resources to provide consultative, advisory or other services for profit; (d) to develop and turn to account any technology, software or other intellectual property that relates to a function referred to in paragraphs (aa) to (c); and (e) to manufacture and market any product that relates to a function referred to in paragraphs (aa) to (d). (2) In addition to subsection (1), it is also a function of the Corporation: (b) to do anything that the Corporation determines to be conducive or incidental to the performance of a function referred to in subsection (1); and (c) to do anything that it is required or authorised to do under the Electricity Reform Act 2000, Electricity Networks (Third Party Access) Act 2000 or any other written law. 14A Functions of Corporation – water and sewerage (1) The functions of the Corporation in relation to water and sewerage are: (a) to acquire, store, treat, distribute, market and otherwise supply water for any purpose; (b) to collect, store, treat, market and dispose of wastewater; (c) to undertake, maintain and operate any works, system, facilities, apparatus or equipment required for any purpose referred to in paragraph (a) or (b); (d) to use its expertise and resources to provide consultative, advisory or other services for profit; (e) to develop and turn to account any technology, software or other intellectual property that relates to a function referred to in paragraph (a), (b) or (c); and (f) to manufacture and market any product or by-product that relates to a function referred to in paragraph (a), (b), (c) or (e). (2) In addition to subsection (1), it is also a function of the Corporation: (b) to do anything that the Corporation determines to be conducive or incidental to the performance of a function referred to in subsection (1); and -- 5 of 16 -- Part II Power and Water Corporation Power and Water Corporation Act 1987 4 (c) to do anything that it is authorised to do by any other written law. (3) If the performance of any of the Corporation's functions referred to in subsection (1)(a), (b) or (c) requires that the Corporation hold a licence under the Water Act 1992, the Corporation may only perform the function in accordance with the terms and conditions of the licence. (4) In subsection (1), wastewater means liquid waste, whether domestic or otherwise, and includes faecal matter and urine. 14B Functions of Corporation – gas The functions of the Corporation in relation to gas are to buy, sell, process, store or transport: (a) gas or products derived from gas; or (b) products associated with gas or the products derived from it. 14C Functions of Corporation – general (1) The Corporation has any other functions that are conferred on it by or under this Act or any other enactment. (2) Subject to subsection (3), the Corporation has the functions of: (a) providing communications facilities and services; and (b) providing other facilities and services. (3) The Corporation may only provide a particular kind of facility or service under subsection (2): (a) if the provision of the facility or service is consistent with the requirement that the Corporation act in a commercial manner; and (b) with the approval of the Minister. (4) The Corporation may provide billing, procurement, financial and commercial services to one or more of the following: (a) the Power Generation Corporation established by section 5 of the Power Generation Corporation Act 2014; (b) the Power Retail Corporation established by section 5 of the Power Retail Corporation Act 2014; -- 6 of 16 -- Part III Miscellaneous Power and Water Corporation Act 1987 5 (c) a subsidiary of the Corporation, Power Generation Corporation or Power Retail Corporation. (5) This section and sections 14, 14A and 14B do not impose on the Corporation any duty to perform any function that is enforceable by proceedings in a court. Part III Miscellaneous 19 Exemption from rates, &c. (1) Land vested in, committed to the care, control and management of, or acquired by the Corporation under or pursuant to this Act is exempted from local government rates, charges and taxes. (2) Subsection (1) does not exempt the Corporation from payment of charges for any commodity or service provided or supplied by a local government council, whether the charge made be assessed upon the value of land occupied or owned by, vested in, committed to the care, control and management of, or acquired by the Corporation or otherwise. (3) Where land vested in, committed to the care, control and management of, or acquired by the Corporation is leased or let to a person, that land is not exempt from rates, charges or taxes under this section but any rates, charges or taxes payable in respect of the land are not payable by the Corporation but, if the law authorizing the imposition or levy of the rate, charge or tax so allows, are payable by the lessee or tenant of that land. 20 Protection of employees from personal liability An employee or agent of the Corporation is not personally liable for any act or default of that person or the Corporation done or omitted to be done in good faith in the course of the operations of the Corporation or for the purposes of this Act. 22 Authentication of documents A summons, process, demand, order, notice, statement, direction or other document requiring authentication by the Corporation is sufficiently authenticated without the seal of the Corporation if signed by a person authorised to do so by the board of the Corporation constituted under the Government Owned Corporations Act 2001. -- 7 of 16 -- Part IV Savings and transitional Power and Water Corporation Act 1987 6 24 Money due to Corporation Any money due to the Corporation under this Act may be recovered by the Corporation as a debt. 26 Regulations The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. 27 Act binds the Crown This Act binds the Crown in right of the Territory. Part IV Savings and transitional 28 Certain property to vest in Authority (1) Subject to section 30, on the commencement of this Act in respect of the operations of the unit of administration within the meaning of the Public Service Act 1976 known as the Northern Territory Water Authority: (a) any levy, fee, charge, interest, debt, or money payable to the Territory shall become payable to and be recoverable by the Authority; (b) all liabilities, contracts, and engagements, and all rights and authorities of any nature whatever of the Territory shall become liabilities, contracts, engagements, rights, and authorities of the Authority; and (c) all rights, authorities, and licences granted or issued by the Territory shall continue in force on the same terms and conditions on which they were granted or issued or on which they arose as if such rights, authorities, and licences had been granted or issued by the Authority. (2) All estates and interests in property, real and personal, and rights (except property mentioned in subsection (1)) held by the Territory immediately before the commencement of this Act that is or are utilized by, or required for the purposes of the operation of, the unit of administration within the meaning of the Public Service Act 1976 known as the Northern Territory Water Authority shall, by virtue of -- 8 of 16 -- Part IV Savings and transitional Power and Water Corporation Act 1987 7 this section and without further assurance, vest in the Authority in pursuance of subsection (3) subject to any liabilities, charges, obligations or trusts affecting the estates or interests. (3) The Minister shall from time to time as the estates and interests referred to in subsection (2) are identified or ascertained declare by instrument in writing that the property specified, either generally or specifically, in the instrument is property to which subsection (2) applies, and the Authority thereupon has such powers as are necessary to take possession of, recover, and deal with the property and enforce the rights. (4) On the lodgement of a copy of an instrument under subsection (3) with the Registrar-General or an officer controlling any register or other record of interests in property, the Registrar-General or that officer, as the case may require, shall, in respect of registrable estates or interests specified in the instrument, make the necessary entries in the relevant registers or records and generally do all such things as may be necessary to give effect to subsection (2). 30 Proceedings under Water Supply and Sewerage Act 1983 An action, prosecution or other proceeding begun under the Water Supply and Sewerage Act 1983 as then in force before the commencement of this Act may be continued as if this Act had never commenced, and an action, prosecution or other proceeding in respect of a thing done or omitted to be done under the Water Supply and Sewerage Act 1983 as then in force before the commencement of this Act may be brought, taken and prosecuted in the same manner as if this Act had never commenced. 31 References to Electricity Commission (1) On the lodgment of a copy of this Act with the Registrar-General or a proper officer controlling any official register or record of real property vested in the Northern Territory Electricity Commission before the commencement of this Act (other than sections 1 and 2) or in which the Commission held, immediately before that commencement, an interest, the Registrar-General or that officer shall make the necessary entries in the relevant registers and other records to record the change of name of the body corporate of the Commission. (2) All references to the Commission in any security, licence, ADI account or instrument (including a contract, arrangement, Act, regulation, by-law or rule or court document relating to an action, prosecution or proceeding) which is subsisting immediately before the date of commencement of this Act, or in any notice or other communication served, given, or sent before, on, or after that date -- 9 of 16 -- Part IV Savings and transitional Power and Water Corporation Act 1987 8 in relation to any such security, licence, ADI account, or instrument shall, unless the context otherwise requires, be read as references to the Authority. (3) By-laws made by the Commission under the Electricity Commission Act 1978 and in force as at the commencement of this Act, being by-laws which, after the commencement, could be made by the Authority under this Act shall not expire but continue in force as if they were made by the Authority, and may be amended by the Authority accordingly. (4) In this section: Northern Territory Electricity Commission or Commission means the body corporate established under section 4 of the Electricity Commission Act 1978. 32 Territory to indemnify Authority The Territory shall indemnify the Authority, and keep the Authority indemnified, against all actions, claims or demands brought or made against the Authority in relation to an act done or omitted to be done under or pursuant to the Water Supply and Sewerage Act 1983 before the commencement of this Act, being actions, claims or demands that, but for this Act, could be brought or made against the Territory. 34 References to Authority (1) A reference to the Power and Water Authority: (a) in any security, licence, bank account or instrument (including a contract, arrangement, Act, regulation, by-law or rule or court document relating to an action, prosecution or proceeding) or any other document, that subsists immediately before the commencement of the Power and Water Amendment Act 2001; or (b) in any notice or other communication served, given, or sent before, on, or after the commencement of that Act in relation to the security, licence, bank account, or instrument, is, unless the context otherwise requires, to be read as a reference to the Corporation. (2) On the commencement of the Power and Water Amendment Act 2001, a reference to the Power and Water Authority in any register or certificate relating to interests in land is to be taken to be a reference to the Power and Water Corporation. -- 10 of 16 -- Schedule Modifications of Public Sector Employment and Management Act 1993 in relation to the Corporation Power and Water Corporation Act 1987 9 Schedule Modifications of Public Sector Employment and Management Act 1993 in relation to the Corporation section 7(2) 1 Sections 22 and 23 modified Sections 22 and 23 repeal 2 Section 24 modified (1) Section 24(1) omit, insert (1) The functions of the Chief Executive Officer of the Power and Water Corporation under this Act are to employ and manage employees in accordance with this Act for the purpose of enabling the Corporation to perform its functions. Note for subsection (1) In the exercise of his or her functions, the Chief Executive Officer is subject to the direction of the Board of the Power and Water Corporation (see section 16(5) of the Government Owned Corporations Act 2001). (2) Section 24(2)(a) omit (3) Section 24(2)(b) omit, insert (b) upholds the human resource management principle and performance and conduct principle; and (4) Section 24(3)(b) and (h) omit -- 11 of 16 -- Schedule Modifications of Public Sector Employment and Management Act 1993 in relation to the Corporation Power and Water Corporation Act 1987 10 (5) Section 24(4) omit or any other Act. insert Act in relation to employees. 3 Sections 27 and 28 modified Sections 27 and 28 repeal -- 12 of 16 -- ENDNOTES Power and Water Corporation Act 1987 11 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Power and Water Authority Act 1987 (Act No. 20, 1987) Assent date 25 June 1987 Commenced 1 July 1987 (Gaz S48, 29 June 1987) Power and Water Authority Amendment Act 1988 (Act No. 36, 1988) Assent date 14 September 1988 Commenced 14 September 1988 Statute Law Revision Act 1989 (Act No. 60, 1989) Assent date 2 October 1989 Commenced 2 October 1989 Power and Water Authority Amendment Act 1989 (Act No. 75, 1989) Assent date 12 December 1989 Commenced 2 January 1992 (Gaz S65, 20 December 1991) Statute Law Revision Act 1990 (Act No. 33, 1990) Assent date 11 June 1990 Commenced 11 June 1990 Power and Water Authority Amendment Act 1991 (Act No. 52, 1991) Assent date 26 September 1991 Commenced 26 September 1991 Public Sector Employment and Management (Consequential Amendments) Act 1993 (Act No. 28, 1993) Assent date 30 June 1993 Commenced 1 July 1993 (s 2, s 2 Public Sector Employment and Management Act 1993 (Act No. 11, 1993) and Gaz S53, 29 June 1993) -- 13 of 16 -- ENDNOTES Power and Water Corporation Act 1987 12 Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993) Assent date 31 December 1993 Commenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83, 1993) and Gaz S35, 20 May 1994) Power and Water Authority Amendment Act 1994 (Act No. . 6, 1994) Assent date 16 March 1994 Commenced 13 May 1994 (Gaz S33, 13 May 1994) Amending Legislation Statute Law Revision Act 1994 (Act No. 50, 1994) Assent date 20 September 1994 Commenced 20 September 1994 Financial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995) Assent date 21 March 1995 Commenced 1 April 1995 (s 2, s 2 Financial Management Act 1992 (Act No. 4, 1995) and Gaz S13, 31 March 1995) Power and Water Authority Amendment Act 1998 (Act No. 39, 1998) Assent date 27 May 1998 Commenced 27 May 1998 Power and Water Authority Amendment Act 1999 (Act No. 38, 1999) Assent date 31 August 1999 Commenced 17 May 2000 (s 2) Power and Water Authority Amendment Act 2000 (Act No. 8, 2000) Assent date 21 March 1999 Commenced 1 April 2000 (Gaz S14, 31 March 2000) Power and Water Authority Amendment Act 2001 (Act No. 70, 2001) Assent date 21 December 2001 Commenced s 8 to extent it rep s 19: nc; rem: 1 July 2002 (Gaz G25, 26 June 2002, p 5) Statute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002) Assent date 13 September 2002 Commenced 30 October 2002 (Gaz G43, 3 October 2002, p 3) Statute Law Revision Act (No. 2) 2002 (Act No. 59, 2002) Assent date 7 November 2002 Commenced 7 November 2002 Public Sector Employment and Management Amendment Act 2011 (Act No. 29, 2011) Assent date 31 August 2011 Commenced 1 January 2012 (Gaz S73, 20 December 2011, p 2) Power and Water Corporation Legislation Amendment Act 2014 (Act No. 13, 2014) Assent date 13 May 2014 Commenced 29 May 2014 (Gaz S29, 29 May 2014, p 2) -- 14 of 16 -- ENDNOTES Power and Water Corporation Act 1987 13 Local Government Amendment Act 2014 (Act No. 19, 2014) Assent date 2 June 2014 Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014 (s 2) 3 SAVINGS AND TRANSITIONAL PROVISIONS ss 12 and 13 Power and Water Authority Amendment Act 2001 (Act No. 70, 2001) 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 5, 6, 7, 14, 14A, 14C, 22, 28, 30, 31 and 32 and sch. 5 LIST OF AMENDMENTS lt amd No. 70, 2001, s 14 s 1 sub No. 70, 2001, s 4 pt II hdg amd No. 70, 2001, s 14 s 3 amd No. 28, 1993, s 3; No. 6, 1994, ss 4 and 6; No. 38, 1999, s 4; No. 70, 2001, s 5; No. 13, 2014, s 25 s 4 amd No. 5, 1995, s 19; No. 70, 2001, s 6 s 5 amd No. 28, 1993, s 3 sub No. 6, 1994, s 5; No. 38, 1999, s 5; No. 70, 2001, s 7 s 6 amd No. 28, 1993, s 3 sub No. 6, 1994, s 5 amd No. 38, 1999, s 6 sub No. 70, 2001, s 7 amd No. 29, 2011, s 45 sub No. 13, 2014, s 26 pt IIA hdg ins No. 6, 1994, s 5 om No. 38, 1999, s 7 s 7 amd No. 28, 1993, s 3 sub No. 6, 1994, s 5; No. 38, 1999, s 8 rep No. 70, 2001, s 7 ins No. 13, 2014, s 26 s 8 sub No. 6, 1994, s 5 amd No. 38, 1999, s 9 rep No. 70, 2001, s 7 ss 9 – 10 sub No. 6, 1994, s 5; No. 38, 1999, s 10 rep No. 70, 2001, s 7 s 10A ins No. 38, 1999, s 10 rep No. 70, 2001, s 7 s 11 amd No. 28, 1993, s 3; No. 6, 1994, s 6 No. 38, 1999, s 11 rep No. 70, 2001, s 7 s 12 amd No. 6, 1994, s 6 rep No. 70, 2001, s 7 s 13 amd No. 33, 1990, s 9; No. 28, 1993, s 3; No. 6, 1994, s 6; No. 38, 1999, s 12; No. 8, 2000 s 4 rep No. 70, 2001, s 7 -- 15 of 16 -- ENDNOTES Power and Water Corporation Act 1987 14 s 14 amd No. 52, 1991, s 3; No. 39, 1998, s 3 sub No. 8, 2000, s 5 amd No. 70, 2001, s 14; No. 13, 2014, s 27 ss 14A – 14B ins No. 8, 2000, s 5 amd No. 70, 2001, s 14 s 14C ins No. 8, 2000, s 5 amd No. 70, 2001, s 14; No. 13, 2014, s 28 s 15 amd No. 36, 1988, s 2; No. 75, 1989, s 3; No. 52, 1991, s 4; No. 28, 1993, s 3; No. 39, 1998, s 4; No. 8, 2000, s 6; No. 70, 2001, s 14; No. 59, 2002, s 5 rep No. 13, 2014, s 29 s 16 sub No. 38, 1999, s 13 rep No. 70, 2001, s 8 s 17 amd No. 39, 1998, s 5 rep No. 70, 2001, s 8 s 18 rep No. 28, 1993, s 3 s 19 amd No. 84, 1993, s 6; No. 59, 2002, s 5; No. 19, 2014, s 26 s 20 amd No. 70, 2001, s 14 s 21 rep No. 70, 2001, s 8 s 22 amd No. 6, 1994, s 6; No. 70, 2001, s 9 s 23 amd No. 28, 1993, s 3; No. 6, 1994, s 6 rep No. 70, 2001, s 10 s 24 amd No. 70, 2001, s 14 s 25 amd No. 39, 1998, s 6 rep No. 8, 2000, s 7 s 28 amd No. 60, 1989, s 6 s 29 rep No. 70, 2001, s 10 s 31 amd No. 60, 1989, s 6; No. 38, 2002, s 6; No. 13, 2014, s 30 s 33 rep No. 70, 2001, s 11 s 34 ins No. 70, 2001, s 11 sch ins No. 13, 2014, s 31 -- 16 of 16 --