New South Wales Consolidated Regulations

WATER INDUSTRY COMPETITION (GENERAL) REGULATION 2008 - REG 28

28 Water restrictions

(1) This clause applies to any part of a licensee’s area of operations in respect of which an order under:

(a) the Local Government Act 1993 , or

(b) the Water Management Act 2000 , or

(c) the Hunter Water Act 1991 , or

(d) the Sydney Water Act 1994 ,

restricts the use or consumption of water supplied by a public water utility (a "local water restrictions order").

(2) The Minister may, by notice published in the Gazette, declare that a local water restrictions order, as in force from time to time, applies to and in respect of the use or consumption of water supplied by the licensee in the same way as it applies to and in respect of the use or consumption of water supplied by the public water utility.

(3) Such a declaration may not be made if the licensee derives its water from a different water source to that from which the public water utility derives its water unless the Minister is satisfied that the circumstances giving rise to the local water restrictions order apply to both water sources.

(4) The Minister may, by order in writing, authorise a public water utility by which a local water restrictions order may be made to make a declaration under this clause on the Minister’s behalf.

(5) A declaration made by a public water utility so authorised may be included in the same instrument as the local water restrictions order to which it relates.

(6) A person who uses or consumes water in contravention of a local water restrictions order, as applied by this clause, is guilty of an offence.

Maximum penalty: 50 penalty units (in the case of a corporation) and 5 penalty units (in any other case).