Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) An authorised person for a utility may take action under this section if the authorised person believes, on reasonable grounds, that a person is contravening a direction under section 16 (Directions to comply with conservation measure or temporary restriction).
(2) An authorised person for a utility may also take action under this section if the authorised person believes, on reasonable grounds, that—
(a) water is being used at premises in contravention of an approved water conservation measure or a temporary water restriction; and
(b) a direction under section 16 is unlikely to end the contravention because, for example—
(i) the premises are unoccupied (whether temporarily or permanently); or
(ii) after making reasonable inquiries, the authorised person cannot find the occupier of the premises; or
(iii) the occupier is unlikely to comply with the direction; and
(c) the contravention is likely to continue unless action is taken under this section.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) The authorised person may do any of the following:
(a) adjust a tap or other water outlet to end the contravention;
(b) if equipment is used to control the use of water at the premises—adjust the operation of the equipment so that water is used only in accordance with the water conservation measures or temporary water restrictions;
(c) if the authorised person cannot make the adjustment mentioned in paragraph (b)—stop the supply of water to the equipment.
(4) If action under subsection (3) (a) or (c) is impracticable, the authorised person may stop the supply of water to the premises from the water network to prevent the contravention.
(5) The authorised person must give the occupier of the premises a written notice stating particulars of the action taken under this section.
(6) It is sufficient if the notice is addressed to ‘the occupier' of the premises.
(7) The notice may also be given—
(a) by leaving it in the letterbox at the premises; or
(b) by securing it in a conspicuous place at the premises.
Note For other ways in which the direction may
be given, see the Legislation Act, pt 19.5.
Part 5 Preventing waste of water