WATER SERVICES ACT 2012 (NO. 24 OF 2012) - SECT 74

WATER SERVICES ACT 2012 (NO. 24 OF 2012) - SECT 74

74 .         Terms and conditions of provision of water services

        (1)         For the purposes of section 73(2)(a), the terms and conditions of the provision of the service to which the owner is entitled under section 73 are —

            (a)         the standard terms and conditions of service (if any) in relation to the service and the licensee, except to the extent to which the standard terms and conditions of service are inconsistent with the terms and conditions referred to in paragraph (b); and

            (b)         the terms and conditions of the provision of the service in an agreement about the provision of the service (if any), to the extent to which those terms and conditions are binding on the owner.

        Note:         Section 76 provides that certain terms and conditions of agreements about the provision of a water service are binding on subsequent owners of the land in certain circumstances.

        (2)         To the extent to which standard terms and conditions of service apply to the provision of a water service by a licensee other than under a standard customer contract, the licensee is to be taken to have approved of the provision of the service on those terms and conditions.

        (3)         If a licensee provided a non-standard water service in respect of land immediately before this section came into operation and there is no written agreement about the provision of the service, the licensee is to be taken to have approved of the provision of the service on terms and conditions that reflect the nature of the service provided.

        (4)         Subsection (3) applies in relation to the provision of a non-standard water service in respect of land to the exclusion of subsections (1) and (2) until the service is no longer required or the owner of the land enters into an agreement about the provision of the service.

        (5)         In subsections (3) and (4) —

        non-standard water service means a water service, of a particular type, the provision of which is different in some material way from the usual provision of water services of that type.