New South Wales Consolidated Acts

ENERGY AND UTILITIES ADMINISTRATION ACT 1987 - SECT 34V

34V Compliance with this Division and savings action plans

(1) A designated water user or designated energy user must prepare and submit a savings action plan in accordance with the provisions of this Division.

Maximum penalty: 50 penalty units.

(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant had a reasonable excuse for not preparing or submitting a savings action plan in accordance with the provisions of this Division.

(3) Nothing in this Division requires a designated water user or designated energy user to implement any savings measures specified in a savings action plan submitted by the user and approved under this Division unless the regulations so provide.

(4) Without limiting subsection (3), the regulations may make provision for or with respect to the following:

(a) the implementation of savings measures that are set out in savings action plans approved under this Division,

(b) the issuing of directions by the Minister to designated water users and designated energy users to implement savings measures set out in savings action plans approved under this Division (whether issued at the time of approval or subsequently).

(5) Proceedings for an offence against subsection (1) or an offence against a provision of the regulations relating to the implementation of a savings measure set out in a savings action plan may only be instituted with the written consent of the Minister.

(6) However, nothing in subsection (5) requires the consent of the Minister before a penalty notice can be issued for an offence.