WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 435 Application of pt 5

WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 435

435 Application of pt 5

(1) This part applies if—

(a) the regulator is satisfied or reasonably believes that—

(i) a noncompliance has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, and the noncompliance may have an adverse effect on public health; or

(ii) an event has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, that may have an adverse effect on public health; and

Example for subparagraph (ii)—

Contaminated water has leaked from an industrial site into a source of drinking water.

(b) the regulator is satisfied or reasonably believes that—

(i) urgent action is necessary to prevent or minimise the adverse effect; or

(ii) the noncompliance or event has happened on another occasion in relation to the recycled water scheme or drinking water service and action is necessary to prevent the noncompliance or event from happening again.

(2) In this section—


"noncompliance" means—

(a) a drinking water service provider has not complied with—

(i) the drinking water quality management plan or a condition of the plan for the provider’s drinking water service; or

(ii) a notice issued to the provider under section 630 (2) ; or

(b) a scheme manager, recycled water provider or other declared entity for a recycled water scheme has not complied with the recycled water management plan for the scheme or a condition of the plan.