WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 42 Regulator may direct restriction

WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 42

42 Regulator may direct restriction

(1) This section applies if the regulator considers—

(a) there is a significant threat to sustainable and secure water supply in an area; and

(b) it is necessary or desirable to impose a restriction under section 41 on the area or another area.

(1A) To remove any doubt, it is declared that the regulator may direct a service provider for an area not under an immediate significant threat to sustainable and secure water supply to impose a restriction if the regulator considers the restriction is necessary or desirable because of a significant threat to sustainable and secure water supply in another area.

Example—

The regulator may direct the Gold Coast City Council to impose a restriction if another area in the SEQ region is facing a significant threat to its water supply and water from the Hinze Dam is needed for the other area.

(2) The regulator may, after consultation with the water service provider for the area or the other area, direct the water service provider to—

(a) impose a restriction, under section 41 , in the area or the other area within a stated period; and

(b) provide a written response to the regulator, within a stated period, stating the steps the water service provider intends to take to ensure the restriction is complied with.

(3) A service provider to whom a direction is given under subsection (2) must comply with the direction.

Penalty—

Maximum penalty—200 penalty units.

(4) If the regulator is satisfied the response is adequate to ensure compliance with the restriction, the regulator must—

(a) approve the response; and

(b) give the service provider notice of the approval.

(5) If the regulator is not satisfied the response is adequate to ensure compliance with the restriction, the regulator 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.

(6) A service provider must comply with the approved response by taking the steps stated in the response for ensuring the restriction is complied with.

Penalty—

Maximum penalty for subsection (6) —200 penalty units.