WATER ACT 2000 - SECT 25F Regulation about water supply emergency

WATER ACT 2000 - SECT 25F

25F Regulation about water supply emergency

(1) This section applies if—

(a) there is a water supply emergency; or

(b) a water supply emergency is developing.

(2) A regulation (a
"water supply emergency regulation" ) may state—

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

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

(c) the service providers to which the regulation 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 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 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; and

(vi) any works that are to be carried out by the coordinator-general.

(2A) Before a water supply emergency regulation is made, the Minister must have regard to other measures, instead of a water supply emergency regulation, that could be taken under this or another Act to deal with the water supply emergency.

(3) For the matters mentioned in subsection (2) (d) , the regulation must, to the greatest practicable extent, state the matters mentioned in section 25C (2) (a) to (e) .

(4) The regulation may, to the extent stated in the regulation, continue the effect of a water supply emergency declaration.

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

(6) The regulation, for the part of the State to which it applies, must not be inconsistent with the objectives of a water plan for the part.

(7) However—

(a) the regulation may, to the extent stated in the regulation, 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 regulation prevails.