New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 229

229 Supply of water

(1) The members of a private water trust may for the more beneficial use or efficient distribution of the water supplied by the trust’s water supply works:

(a) cease to supply water through any portion of the works in the water supply district or to any lands within such district, or

(b) deviate the course of a water supply work or otherwise alter in any way the works in the water supply district.

(2) Before taking any such action, the members must obtain the written consent of any ratepayer:

(a) whose benefit from those works will be diminished by the action of the members, or

(b) the supply of water or means of supply of water to whose lands will be affected,

and must also obtain the written approval of the Minister of the members’ proposed action.

(3) The members of a private water trust may cut off or withhold the supply of water to any land:

(a) if any meter used to measure such supply or any outlet is out of repair or, in the opinion of the members, unsatisfactory for the expeditious or effective supply of water to such land, or

(b) if, in the opinion of the members, such course is necessary owing to drought or any accident or other unavoidable cause, or

(c) if the landholder or person requiring a supply of water neglects to comply with the lawful requirements of the members as to the installation of outlets or meters or instruments for measuring the quantity of water, or

(d) if the landholder or person requiring a supply of water neglects to comply with any lawful requirements of the members to repair or alter water connections, outlets, channels, ditches, pipes, fittings or appliances connected to the water management works under the control of the members, or

(e) if the landholder of the land fails to take such steps as may be necessary to ensure compliance with any order or public notice of the members requiring consumers of water to economise its use in time of drought or scarcity of supply, or

(f) if any rates fixed and levied in respect of the land are, after the due date of payment, unpaid and approval to the supply of water to the land being cut off or withheld is given:

(i) if the trust was constituted by 3 members, by the chairperson of the trust and all the elected members, or

(ii) if the trust was constituted by 5 members, by the chairperson of the trust and a majority of the elected members.

(4) If the Minister:

(a) reduces or discontinues the supply of water to the members of a private water trust, or

(b) directs the members of a private water trust:

(i) to reduce the quantity of water being taken or diverted by them from any water source, or

(ii) to discontinue the taking or diverting of water from a water source,

the members may reduce or cut off or withhold the supply of water to any land.

(5) The cutting off or withholding or reduction of the supply of water by the members of a private water trust under this section does not affect the liability of the ratepayer in respect of the rates on the land the supply of water to which has been cut off, withheld or reduced.