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WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 No. 34 - SECT 41

41 Restricting water supply

(1) If a water service provider considers it necessary, the water service provider may restrict--

(a) the volume of water taken by or supplied to a customer or type of customer; or
(b) the hours when water may be used on premises for stated purposes; or
(c) the way water may be used on premises.

(2) The water service provider may impose a restriction under subsection (1) (a service provider water restriction) only if--

(a) there is an urgent need for it because of climatic conditions or water conservation needs; or
(b) the available water supply has fallen to a level at which unrestricted use of the water is not in the public interest; or
(c) the service provider has a reasonable and comprehensive strategy for demand management for water and the restriction is essential to ensure the aims of the strategy are met; or
(d) the service provider has an outdoor water use conservation plan and the restriction is a measure to be implemented under the plan; or
(e) the Minister has published a notice under the Water Act, section 22, or a regulation has been made under the Water Act, section 23, and the restriction is for the purposes of the notice or regulation; or
Editor's note--
Water Act, section 22 (Limiting or prohibiting taking, or interfering with, water during emergencies)
Water Act, section 23 (Regulation may limit taking or interfering with water for 1 year)
(f) the water service provider is directed, under a water supply emergency declaration, a water supply emergency regulation or an approved water supply emergency response, to impose the restriction; or
(g) the water service provider is directed by the regulator, under section 42(2), to impose the restriction.

(3) A water service provider may apply a restriction imposed under subsection (1) to water taken from a rainwater tank connected to the service provider's reticulated supply.

(4) However, a restriction imposed under subsection (1) must be consistent with conditions contained in the service provider's resource operations licence, interim resource operations licence, water licence or water allocation, relating to the supply of the water.

(5) A restriction may provide an exemption from all or part of the restriction.

(6) In this section, the power to restrict includes the power to prohibit.



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