Australian Capital Territory Numbered Regulations

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UTILITIES (WATER CONSERVATION) REGULATION 2006 (NO 9 OF 2006) - REG 25

Ending waste of water

    (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 23 (Contravening directions to end waste of water).

    (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 wasted at premises; and

        (b)     a direction under section 23 is unlikely to end the waste 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 waste 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 waste;

        (b)     if equipment is used to control the use, or permit the flow, of water at the premises—adjust the operation of the equipment to end the waste;

        (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 end the waste of water.

    (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 6     Miscellaneous



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