Western Australian Current Acts

WATER SERVICES ACT 2012 - SECT 95

95 .         Disconnection or reduction in rate of flow etc.

        (1)         A licensee may cut off, reduce the rate of flow of or refuse to connect a supply of water to land if —

            (a)         the land is unoccupied; or

            (b)         water service charges (including interest on overdue amounts) due to the licensee for a water service provided in respect of the land remain unpaid for 30 days after they become due; or

            (c)         the occupier (or the owner if there is no occupier) of the land refuses to permit a meter to be installed as part of providing the water supply service to the land; or

            (d)         the owner of the land requests that the licensee do so; or

            (e)         another provision of this Act authorises the licensee to do so.

        (2)         A licensee may reduce the rate of flow of a supply of water to land if satisfied that it is necessary to do so to prevent the waste of water on or associated with the land.

        (3)         Despite any other provision of this Act, a licensee cannot cut off the supply of water to an occupied dwelling unless the occupier agrees to that.

        (4)         A licensee’s capacity to cut off or reduce the rate of flow of a supply of water under this Act is subject to any restrictions on that capacity in the terms and conditions of the licence authorising the provision of the water supply service.

        (5)         Persons authorised by the licensee for the purposes of this subsection may enter any place, in accordance with Part 8, and do all things necessary for the purposes of subsection (1).

        (6)         Cutting off or reducing the rate of flow of a supply of water to land does not prevent —

            (a)         the licensee from taking action to recover unpaid charges (including interest on overdue amounts); or

            (b)         the taking of proceedings in respect of a contravention of a provision of this Act.

        (7)         If a licensee has cut off or reduced the rate of flow of a supply of water to land, the licensee may, before restoring the supply of water to the land —

            (a)         require payment of unpaid water service charges (including interest on overdue amounts) and any prescribed fees in relation to cutting off or reducing the rate of flow of the supply of water or restoring the supply, or rate of flow, of water; or

            (b)         require arrangements satisfactory to the licensee to be made for the payment of the charges, interest and fees referred to in paragraph (a).