WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 444 Regulator may recover costs

WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 444

444 Regulator may recover costs

(1) If the recipient of a cost recovery notice does not pay the amount claimed to the regulator within 30 days after the day the notice is given, the regulator may recover the amount and any interest payable on the amount under subsection (4) from the recipient as a debt.

(2) However, the amount is not payable if the recipient is not a prescribed person.

(3) Also, the amount is not payable if—

(a) the water supply incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and

(b) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident.

(4) An amount that is a debt under subsection (1) bears interest at the rate stated in a regulation.

(5) If a cost recovery notice is given to 2 or more recipients the amount claimed in the notice is payable by the recipients jointly and severally.

(6) To the extent that the recipient pays an amount in compliance with a cost recovery notice but did not cause or permit the water supply incident to happen, the recipient may recover the amount as a debt from another person who caused or permitted the water supply incident to happen.