WATER ACT 2000 - SECT 25C Contents of water supply emergency declaration

WATER ACT 2000 - SECT 25C

25C Contents of water supply emergency declaration

(1) A water supply emergency declaration must state—

(a) the water supply emergency to which the declaration applies; and

(b) the part of the State to which the declaration applies; and

(c) the service providers to which the declaration applies; and

(d) for dealing with the water supply emergency—

(i) the measures each service provider is directed to carry out and the day by which the measures are to be carried out; and

(ii) if the measures a service provider is directed to carry out include making non-Act water available to, or operating infrastructure to allow non-Act water to be supplied to, a customer or type of customer—whether section 25K applies to the direction; and

(iii) if the measures a service provider is directed to carry out include imposing the restrictions mentioned in section 25D —that the service provider is directed to give the Minister for approval, within the time stated, a response (a
"water supply emergency response" ) stating the way the service provider intends to ensure the restrictions are complied with; and

(iv) the outcomes each service provider is directed to achieve and the day by which the outcomes are to be achieved; and

(v) that a service provider directed to achieve outcomes is directed to give the Minister for approval, within the time stated, a response (also a
"water supply emergency response" ) stating—

(A) the actions the service provider intends to take to achieve the outcomes; and

(B) if the actions include imposing the restrictions mentioned in section 25D —the way the service provider intends to ensure the restrictions are complied with.

(2) The declaration must, to the greatest practicable extent, state, for the measures directed to be carried out or outcomes directed to be achieved—

(a) whether the State or 1 or more service providers are to pay the cost and, if more than 1 entity is to pay the cost, the apportionment of the costs; and

(b) if the State is to contribute to the cost—the amount to be contributed and the way in which it is to be paid; and

(c) the extent to which, and the service providers from whom, the State may recover any contributions made; and

(d) the extent to which, and the service provider’s customers or other service providers from whom, a service provider may recover the contributions made by the State and the costs approved by the Minister; and

(e) whether, and on what, a service provider may recover a rate of return and the service provider’s customers or other service providers from whom it may be recovered.

(3) A water supply emergency declaration may authorise persons to exercise powers, including powers of decision and direction and delegated powers, to facilitate the implementation of the directions under the declaration.

(4) If a water supply emergency declaration for a part of the State is inconsistent with the objectives of a water plan for the part, the water supply emergency declaration is ineffective to the extent of the inconsistency.

(5) However—

(a) the water supply emergency declaration may, to the extent stated in the declaration, be inconsistent with—

(i) the operations manual that implements the water plan; or

(ii) a resource operations licence for the water to which the plan applies; or

(iii) an interim resource operations licence; and

(b) to the extent of the inconsistency, the water supply emergency declaration prevails.