Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 166

166 Water service charges for premises other than moveable dwelling premises

(1) This section applies to premises that are not moveable dwelling premises.

(2) The tenant may be required to pay an amount for the water consumption charges for the premises only if—

(a) the tenant is enjoying or sharing the benefit of a water service to the premises; and

(b) the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and

(c) the agreement states that an amount for the water consumption charges for the premises is payable by the tenant.

(3) The tenant may be required to pay an amount for all of the water consumption charges payable for the premises for a period only if, during the period, the premises are water efficient.

(4) If during a period the premises are not water efficient, the tenant may only be required to pay an amount for the water consumption charges payable for the premises for the period that is more than an amount payable for a reasonable quantity of water supplied to the premises.

(5) Without limiting subsection (4) , in deciding what is a reasonable quantity of water for subsection (4) , regard must be had to the matters mentioned in section 169 (4) (a) to (e) .

(6) Despite subsections (2) to (5) , the tenant may not, for a period, be required to pay an amount for water consumption charges for the premises that is more than the amount of the water consumption charges payable to the relevant water supplier.

(7) If the tenant is required to pay an amount for water consumption charges, the lessor must give the tenant a copy of a document issued by the relevant water supplier showing the amount of the water consumption charges payable to the supplier.

(8) The lessor must comply with subsection (7) within 4 weeks after the lessor receives the document.

(9) Despite subsections (2) to (5) , the tenant is not required to pay an amount for water consumption charges if the tenant has not received the document mentioned in subsection (7) .

(10) Also, the tenant may not be required to pay an amount of the water service charges payable for the premises for a fixed charge for the water service to the premises.

(11) For this section, premises are water efficient only if they comply with the water efficiency requirements prescribed under a regulation.

(12) This section applies subject to section 166A .

(13) In this section—

"water consumption charge" , for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises.