WATER ACT 2000 - SECT 25I
Approval of, or change to, response
WATER ACT 2000 - SECT 25I
Approval of, or change to, response
25I Approval of, or change to, response
(1) If the Minister is satisfied a water supply emergency response is adequate
for carrying out the measures or to achieve the outcomes stated in a water
supply emergency declaration or a water supply emergency regulation, the
Minister must—
(a) approve the response; and
(b) give the service provider
notice of the approval.
(2) If the Minister is not satisfied, the Minister
must—
(a) change the response to make it adequate; and
(b) approve the
changed response; and
(c) give the service provider notice of the approval.
(3) The service provider must comply with the approved water supply emergency
response.
Penalty—
Maximum penalty—1,665 penalty units.
(4)
Subsection (3) applies even if complying with the approved response 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
approved response.
(5) It is a defence to a prosecution for an offence
against subsection (3) to prove—
(a) the service provider made all
reasonable efforts to comply with the approved response; and
(b) the service
provider is unable to comply with the approved response because the service
provider is unable to acquire, to the extent necessary to comply with the
response—
(i) the development and other approvals necessary for carrying out
the measures or achieving the outcomes; or
(ii) the land on which the
infrastructure is to be constructed; or
(iii) finance to carry out the
measures or achieve the outcomes.