Australian Capital Territory Numbered Regulations

UTILITIES (WATER RESTRICTIONS) REGULATIONS 2002 (NO 33 OF 2002) - REG 16

    (1)     An authorised person for a utility may take action under this regulation if the authorised person believes on reasonable grounds that a person is contravening a direction under regulation 12 (Directions by authorised people).

    (2)     An authorised person for a utility may also take action under this regulation if the authorised person believes on reasonable grounds that—

        (a)     water is being used on premises in contravention of water restrictions; and

        (b)     a direction under regulation 12 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 regulation.

    (3)     The authorised person may do any of the following:

        (a)     adjust a tap or other water outlet to stop the contravention;

        (b)     if equipment is used to control the use of water on the premises—adjust the operation of the equipment so that water is used only in accordance with the 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 subregulation (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 regulation.

    (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 Legislation Act, pt 19.5.