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