WATER ACT 2000 - SECT 25E Requirement to comply with water supply emergency declaration

WATER ACT 2000 - SECT 25E

25E Requirement to comply with water supply emergency declaration

(1) A service provider to whom a direction is given under a water supply emergency declaration must comply with the direction.

Penalty—

Maximum penalty—

(a) for a direction mentioned in section 25C (1) (d) (i) —1,665 penalty units; or

(b) for a direction mentioned in section 25C (1) (d) (iii) or (v) —1,000 penalty units.

Note—

See also the Water Supply Act , section 43 (4) to (6) .

(2) Subsection (1) applies even if complying with the direction would be inconsistent with the service provider’s current supply and infrastructure contractual arrangements and the current arrangements are ineffective—

(a) to the extent of the inconsistency; and

(b) for the period stated in the declaration.

(3) It is a defence to a prosecution for an offence against subsection (1) to prove—

(a) the service provider made all reasonable efforts to comply with the direction; and

(b) the service provider is unable to comply with the direction because the service provider is unable to acquire, to the extent necessary to comply with the direction—

(i) the development and other approvals necessary for carrying out the measures or achieving the outcomes; or

(ii) the land on which infrastructure is to be constructed; or

(iii) finance to carry out the measures or achieve the outcomes.