ACT Numbered Regulations - Explanatory Statements ACT Numbered Regulations - Explanatory Statements[Index] [Search] [Download] [Related Items] [Help]
UTILITIES (WATER RESTRICTIONS) REGULATIONS 2002 (NO 33 OF 2002)
2002
AUSTRALIAN CAPITAL TERRITORY
The Utilities (Water Restrictions) Regulations 2002 are made under
the Utilities Act 2000. Their purpose is to provide for the introduction
and enforcement of a water restriction scheme in the ACT.
These regulations will overcome the current lack of provision for
restrictions on the use of water in times of drought. Section 234 of the
Utilities Act 2000 provides a power to establish regulations. The creation of a
scheme for water restrictions is in keeping with one of the purposes of the
Utilities Act which is to ensure the efficient provision of utility services
(including the supply of water).
Part 2 provides for the Minister to approve a water restriction scheme to
be developed and imposed by a utility subject to certain conditions being
met.
Part 3 provides for the enforcement of the water restriction
scheme.
The regulations refer to Magistrates Court (Utilities
Infringement Notices) Regulations 2002, which creates a system of
infringement notices under the Magistrates Court Act 1930, part 8, for
certain offences against the Utility (Water Restrictions) Regulations
2002.
Clause 1 provides that the name of the regulations is the
Utilities (Water Restrictions) Regulations 2002.
Clause 2
provides the commencement date of the regulations as the day after their
notification.
Clause 3 specifies that the regulations contain a
dictionary found at the end of the regulations.
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, 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.
Clause
6 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.
Clause 7 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.
Clause 8 specifies that a utility may, in writing,
declare that water restrictions are imposed. The imposition of the restrictions
must be in accordance with the approved scheme. The declaration cannot be
greater than a period of 3 months, but can be extended through subsequent
declarations. Before making a declaration, the utility must consult with the
Minister and the Environment Protection Authority.
A declaration is a
notifiable instrument.
Clause 9 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 10 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 is a strict liability offence.
Clause 11 describes the scope of the enforcement powers of
authorised persons under the regulations.
Clause 12 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 13 states that a person commits an
offence if an authorised person has given that person a direction under Clause
12 and the person contravenes the direction. The maximum penalty for an offence
is 10 penalty units. An offence committed against this regulation is a strict
liability offence.
Clause 14 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 unauthorised use of
water. The authorised person may enter non-residential premises with any
necessary assistance and force.
Clause 15 specifies that an
authorised person must not remain on premises entered under Part 3 Enforcement,
if the authorised person does not produce his or her identity card when asked by
the occupant to do so.
Clause 16 provides for an authorised person
to take action to end unauthorised use of water. He or she may take action in
situations where he or she believes on reasonable grounds that a person is
contravening a direction under regulation 12, or water is being used in
contravention of a water restriction, or the person is unlikely to comply with a
direction, or where the premises are temporarily unoccupied; or the owner or
occupier cannot be found.
The authorised person may take action under
this regulation to stop the use of the water, adjust the operation of equipment,
stop the water supply to the equipment or, if necessary, stop the supply of
water to the premises from the network. Written notice must be placed in the
person’s letterbox or by securing it in a conspicuous place on the
premises.
Clause 17 provides that an authorised person must take
reasonable steps to cause as little inconvenience, detriment or damage as
possible. If in the exercise of these regulations, an authorised person or
anyone assisting an authorised person, causes damage, the authorised person must
give written notice of the particulars of the damage to the owner by leaving it
in the letterbox or by securing it in a conspicuous place on those
premises.
Clause 18 provides penalties for obstruction of the
duties of an authorised person. The maximum penalty is 10 penalty units and
strict liability applies to obstruction of the authorised person’s
functions.