Sydney Water Amendment (Water
Restrictions) Bill 2003

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

Under clause 17 of the Sydney Water Regulation 2000, the Minister may, by
notice, impose restrictions on the use of water in the Sydney Water
Corporation’s area of operations. It is an offence under that clause for a person
to use water contrary to such a notice (a water restriction offence).

The object of this Bill is to facilitate the enforcement of water restriction
offences:

(a) by providing that each person who is an owner or occupier of land on
which a water restriction offence occurs is taken to have committed the
offence if the identity of the actual offender cannot be ascertained at the
relevant time, and

(b) by empowering persons who are authorised to issue penalty notices for
water restriction offences to enter land for the purposes of investigating
suspected offences.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Sydney
Water Act 1994 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendments to the Land
and Environment Court Act 1979 and the Sydney Water Regulation 2000 set out
in Schedule 2.

Schedule 1 Amendment of Sydney Water Act 1994
Schedule 1 [1] increases the maximum penalty for an offence against section 48
of the Act (which essentially deals with the theft of water) from 100 penalty units
(or 200 penalty units in the case of a corporation) to 200 penalty units (or 400
penalty units in the case of a corporation).

Schedule 1 [3] provides that proceedings for offences against the Act and the
regulations are to be disposed of summarily before the Land and Environment
Court instead of the Supreme Court. Schedule 1 [2] is an amendment by way of
statute law revision.

Schedule 1 [4] inserts a new Division 6A into Part 6 of the Act that deals with
the enforcement of water restriction offences and related matters. Under
proposed section 53B, if a water restriction offence occurs on any land but the
identity of the person who committed the offence cannot be ascertained by the
authorised person who witnessed the offence, each person who was an owner or
occupier of the land at the relevant time is taken to be guilty of the offence.

Exceptions are provided to the presumption of liability that is created under
proposed section 53B. For example, a person who was an owner of the land on
which the offence occurs will not be liable if the person provides a statutory
declaration stating the name and address of the person who committed the
offence or who was an occupier of the land at the relevant time. Similarly, an
occupier will not be liable if the occupier provides the name and address of the
person who committed the offence.

Proposed section 53D empowers an authorised person to enter any land if the
authorised person suspects that a water restriction offence is being committed on
the land. An authorised person is not authorised to enter any dwelling or other
enclosed structure on the land or to use any force to enter land.

Proposed section 53A contains definitions for the purposes of the new Division
and proposed section 53C deals with evidentiary matters.

Schedule 2 Amendment of other legislation
Schedule 2.1 amends the Land and Environment Court Act 1979 to confer
jurisdiction on the Land and Environment Court to hear and dispose of offences
against the Sydney Water Act 1994 and the regulations under that Act.

Schedule 2.2 [1] and [3] amend the Sydney Water Regulation 2000 to provide
that an offence against section 48 of the Sydney Water Act 1994 may be dealt
with by way of a penalty notice issued under section 50 of that Act. Water
restriction offences are already prescribed as penalty notice offences.

Schedule 2.2 [2] deletes a provision as a consequence of the repeal of the
Justices Act 1902.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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