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UTILITIES (WATER CONSERVATION) REGULATION 2006 (NO 9 OF 2006)
2006
THE LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL
TERRITORY
Subordinate law No 9 of 2006
Circulated by the authority of the Chief Minister
Subordinate law No 9 of 2006
The Utilities (Water Conservation) Regulation 2006 is made under the
Utilities Act 2000. The purpose is to provide for the
introduction and enforcement of a regime for water conservation measures and
temporary water restrictions.
The regulation will provide for a set of measures to ensure that the ACT
community uses water wisely thereby conserving water use and avoiding the waste
of water. It also provides when necessary for a temporary water restrictions
scheme when water is in limited availability such as in a drought situation.
The water conservation measures that can be approved can be amended over time,
where necessary, for example additional measures can be approved. Similarly,
the temporary water restrictions scheme which is approved by the Minister can be
revised over time.
Part 2 provides for the establishment of water conservation measures to
ensure conservative use of water. These measures are to be developed by the
water utility in consultation with the environment protection authority and are
approved by the Minister.
Part 3 provides for the Minister to approve a
temporary water restrictions scheme to be developed and imposed by a utility
subject to certain conditions being met.
Part 4 provides for the
enforcement of the conservation measures and the temporary water
restrictions.
Part 5 provides for the prevention of the wastage of water,
including related compliance powers.
Part 6 deals with miscellaneous
matters including the production of an identity card by the authorised person
and the repeal of Utilities (Water Restriction) Regulations 2002 and related
instruments.
Clause 1 provides that the name of the regulation is Utilities
(Water Conservation) Regulation 2006.
Clause 2 provides the
commencement date of the regulation as the day fixed by the Minister by written
notice.
Clause 3 specifies that the regulation contains a
dictionary found at the end of the regulation.
Clause 4 deals with
notes found in the legislation and provides that a note in the legislation is
for explanatory purposes and is not part of the Act.
Clause 5 provides that the Minister may approve water conservation
measures as developed by the utility to conserve water. The clause provides the
purpose and basis for introducing water conservation measures. An approval is a
disallowable instrument.
The clause allows the utility to exempt
consumers from the measures if the measures cause the consumer serious
detriment.
Clause 6 provides that the utility after developing
water conservation measures is required to publicise the information. This is
to be done by making copies of document(s) available for inspection by members
of the public during office hours at the head of the utility and on the
utility’s website. Details of the measures are to be published in a daily
newspaper.
Clause 7 provides that an occupier of premises commits
an offence if water is used on the premises that contravenes of an approved
water conservation measure. An offence of this type is a strict liability
offence.
Clause 8 states that an approved water conservation
measure as provided in part 2 has no effect on the temporary water restrictions
scheme where it is inconsistent with that at scheme.
Part–
3 Temporary water restrictions
Clause 9 provides that the
Minister may, in writing, approve a water restriction
scheme developed by a
utility if satisfied that the scheme is necessary to ensure the
provision of
efficient, reliable and sustainable water services by the utility to
consumers and to protect the interests of consumers. The utility must have
developed the scheme in consultation with the Environment Protection
Authority.
An approval is a disallowable instrument.
Clause10
specifies that the scheme must provide for a range of restrictions to be
imposed on the use of water by consumers. Different stages of restrictions
are to be
imposed and determined with reference to the capacity of stored
water available to
the utility for water services and the reduction in water
consumption sought to be
achieved by the imposition of each stage of
restrictions. The water restriction
scheme may include provision for the
utility to exempt a consumer from restrictions
where serious detriment could
be caused. This regulation does not limit the scope
of an approved water
restriction scheme. This clause does not limit the scope of a temporary water
restrictions scheme.
Clause 11 specifies that the utility must
make copies of documents describing an
approved scheme available for
inspection by members of the public during ordinary
office hours at the head
office of the utility, on the utility’s web site on the Internet and at
any other place decided by the utility.
Clause12 specifies that a
utility may, in writing, declare that water restrictions are
imposed on the
use of water by consumers. The imposition of the restrictions must be in
accordance with the approved temporary water restrictions scheme. Utility may
make more than one declaration in relation to the same stage of water
restrictions thereby enabling the scheme to be renewed or extended if required.
Before making a declaration, the utility must consult with the Minister
and the Environment Protection Authority about the proposed declaration.
A declaration by a utility is a notifiable
instrument.
Clause13 specifies that if a utility makes a
declaration under Clause 8, the utility
must also publish notice of the
declaration and water restrictions in a daily
newspaper and on the
utility’s web site on the internet.
Clause 14 specifies
that an occupier of premises commits an offence if water is
used in
contravention of a water restriction. The maximum penalty for an offence is
10 penalty units and an offence against this clause is a strict liability
offence.
Part 4 – Enforcement – conservation
measures and temporary restrictions
Clause 15 describes the
scope of the enforcement powers of authorised persons for a utility may exercise
under this part of the regulation. Their function is only in relation to water
used on premises to which the utility provides water services.
Clause
16 relates to directions by an authorised person. It specifies that this
regulation applies if an authorised person for a utility believes on
reasonable
grounds that the occupier of premises is using water from the
utility’s network in
contravention of an approved water conservation
measure or a temporary water restriction, then the authorised person may give
the occupier a written direction to take action to ensure that water is used
only in accordance with the approved water conservation measure or temporary
water restriction.
The direction must state the period in which the
person must comply with the
direction. The direction may be given by leaving
it in the person’s letterbox or
securing it in a conspicuous position
on the premises where the unauthorised use
occurs.
Clause 17
provides that a person commits an offence if an authorised person for a
utility gives the person a direction under section 16 and the person contrives
the direction in relation to a conservation measure or temporary water
restrictions. The maximum penalty for an offence is 10 penalty units. An
offence against this section is a strict liability offence.
Clause 18
provides power for authorised persons of a utility to enter premises.
Authorised persons who believe on reasonable grounds that water is being
used
contrary to a water restriction, may enter premises (other than parts
used for
residential premises), at any reasonable time, to inspect the
premises and take
action to end the section 20, ending unauthorised use of
water. The authorised person may enter residential premises with any necessary
assistance and force.
Clause 19 deals with ending unauthorised
use of water. An authorised person 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 a conservation measure or
a temporary water restriction.
The authorised person may do any of the
following actions:
(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 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.
If the above action is impracticable, the authorised person may stop the supply of water to the premises from the water network to prevent the contravention.
The authorised person must give the occupier of the premises a written notice stating particulars of the action taken under this section.
It is sufficient if the notice is addressed to ‘the occupier’ of
the premises. The notice may also be given by leaving it in the letterbox at
the premises; or by securing it in a conspicuous place at the premises.
Clause 20 provides for an authorised person for a utility to
exercise a function under this part of the regulation only in relation to water
supplied by the utility at premises to which the utility provides water
services.
Clause 21 defines the meaning of waste in relation to
water.
Clause 22 relates to directions by an authorised person. It
specifies that this
regulation applies if an authorised person for a utility
believes on reasonable
grounds that the occupier of premises is using water
from the utility’s network in
contravention of an approved water
restriction, then the authorised person may give
the occupier a written
direction to take action to ensure that water is used only in
accordance
with the approved water restriction.
The direction must state the
period in which the person must comply with the
direction. The direction may
be given by leaving it in the person’s letterbox or
securing it in a
conspicuous position on the premises where the unauthorised use
occurs.
Clause 23 states that a person commits an offence if
an authorised person has
given that person a direction under Clause 16 and
the person contravenes the
direction.
The maximum penalty for an
offence is 10 penalty units. An offence
committed against this section of
the regulation is a strict liability offence.
Clause 24 provides
power for authorised persons of a utility to enter premises.
Authorised
persons who believe on reasonable grounds that water is being wasted
contrary to a water restriction, may enter premises (other than parts used
for
residential premises), at any reasonable time, to inspect the premises
and take
action under section 25, ending waste of water. The authorised
person may enter residential premises with any necessary assistance and
force.
Clause 25 provides that an authorised person 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 stop waste of water. An authorized person
Part
6 Miscellaneous
Clause 26 specifies that an authorised person
must not remain on premises
entered under Part 4, Enforcement, if the
authorised person does not produce his or
her identity card when asked by
the occupant to do so.
Clause 27 deals with the requirement that
an authorised person or anyone helping the authorised person must take
reasonable steps in exercising their function under this regulation to ensure
that they cause as little inconvenience, detriment and damage as is practicable.
If an authorised person for the utility or anyone helping the authorised
person damages anything in the course of exercising or purporting to exercise
their function, the authorized person is required to give a written notice of
the particulars of the damage to the person that the authorised person believes
to be the owner of the thing. The notice can be addressed to the
‘occupier’ of the premises where the damage happened and be left in
the letterbox or by securing it in a conspicuous place on those
premises.
Clause 28 repeals the Utilities (Water Restriction)
Regulations 2002, Utilities (Water Restrictions Scheme) Approval 2005 (No 1)
and Utilities (Water Restrictions) Declaration 2006 (No 1)
NI2006-19.
The dictionary defines the terms approved water conservation measure,
temporary water restriction, temporary water restriction scheme and utility.
FINANCIAL IMPLICATIONS
Nil