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WATER SERVICES ACT 2012 (NO. 24 OF 2012) - SECT 75

WATER SERVICES ACT 2012 (NO. 24 OF 2012) - SECT 75

75 .         Agreements about provision of water services

        (1)         An agreement between a licensee and a person about the provision of a water service does not have effect to the extent to which it is inconsistent with this Act and the conditions of the licence under which the licensee provides the water service.

        (2)         Without limiting what an agreement may cover, it may cover the following matters —

            (a)         special circumstances that result in difficulties in providing a water service (for example, low pressure or flow rates), any special measures to deal with those circumstances and additional charges to cover the cost of the special measures;

            (b)         if statutory water service charges do not apply for the provision of a water service — the water service charges for the provision of the service;

            (c)         if statutory water service charges apply for the provision of a water service — alternative water service charges for the provision of the service;

            (d)         security for the future payment of fees and charges.

        (3)         If an agreement provides for alternative water service charges for the provision of a water service —

            (a)         statutory water service charges do not apply to the provision of the service to the extent to which alternative water service charges are provided for by the agreement; and

            (b)         if a statutory water service charge that does not apply because of paragraph (a) would have applied in respect of land — an alternative water service charge that corresponds to the statutory water service charge applies in respect of the land, unless the agreement provides otherwise; and

            (c)         the agreement does not have effect to the extent to which a person who is not bound by the agreement would otherwise be placed in a less favourable position than the person would have been in if the agreement had not been made.