Utilities (Water Conservation) Regulation 2006 (ACT)

Case

Utilities (Water Conservation) Regulation 2006   

SL2006-9

made under the

Utilities Act 2000

Republication No 3

Effective:  8 July 2023

Republication date: 8 July 2023

Last amendment made by A2023‑26

About this republication

The republished law

This is a republication of the Utilities (Water Conservation) Regulation 2006, made under the Utilities Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 8 July 2023.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 8 July 2023. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

    • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication includes amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

    Utilities (Water Conservation) Regulation 2006

    made under the

    Utilities Act 2000

    Contents

    Page

    Part 1      Preliminary

    1            Name of regulation  2

    3            Dictionary  2

    4            Notes  2

    Part 2      Water conservation measures

    5            Water conservation measures—approval  3

    6            Additional notice of water conservation measures  4

    7           Contravening approved water conservation measures  4

    8            Temporary water restrictions—effect on approved water conservation measures       4

    Part 3      Temporary water restrictions

    9            Temporary water restriction scheme—approval  5

    10          Scope of temporary water restriction scheme  5

    11          Public inspection of scheme documents  6

    12          Imposition of temporary water restrictions  6

    13          Additional public notice of temporary water restrictions  7

    14          Contravening temporary water restrictions  7

    Part 4      Enforcement—conservation measures and temporary restrictions

    15          Application—pt 4  8

    16          Directions to comply with conservation measure or temporary restriction    8

    17          Contravening directions to comply with conservation measure or temporary restriction 9

    18          Power to enter premises—contravention of conservation measure or temporary restriction     9

    19          Ending unauthorised use of water  10

    Part 5      Preventing waste of water

    20          Application—pt 5  12

    21          Meaning of waste—pt 5  12

    22          Directions to end waste of water  12

    23          Contravening directions to end waste of water  13

    24          Power to enter premises—waste of water  13

    25          Ending waste of water  13

    Part 6      Miscellaneous

    26          Production of identity card  16

    27          Damage etc to be minimised  16

    Dictionary18

    Endnotes

    1            About the endnotes  19

    2            Abbreviation key  19

    3            Legislation history  20

    4            Amendment history  21

    5            Earlier republications  21

    Utilities (Water Conservation) Regulation 2006

    made under the

    Utilities Act 2000

    Part 1Preliminary

    1. Name of regulation

      This regulation is the Utilities (Water Conservation) Regulation 2006.

    2. Dictionary

      The dictionary at the end of this regulation is part of this regulation.

      Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

      For example, the signpost definition ‘approved water conservation measures—see section 5.’ means that the term ‘approved water conservation measure’ is defined in that section.

      Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    3. Notes

      A note included in this regulation is explanatory and is not part of this regulation.

      NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    Part 2Water conservation measures

    1. Water conservation measures—approval

      (1)The Minister may approve measures (approved water conservation measures) developed by a utility if satisfied that—

      (a)the measures are necessary or desirable to—

      (i)conserve the water resources of the utility to meet the reasonably foreseeable needs of consumers; and

      (ii)ensure that water supplied by the utility is used more efficiently; and

      (b)the measures adequately protect the interests of consumers; and

      (c)the utility developed the measures in consultation with the director-general responsible for the Water Resources Act 2007.

      (2)An approval is a disallowable instrument.

      Note 1A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

      Note 2The power to make a statutory instrument (including a disallowable instrument) includes power to make different provisions in relation to different matters or different classes of matters, and provisions that apply differently by reference to stated exceptions or factors (see Legislation Act, s 48).

      (3)An approved water conservation measure may include provision for the utility to exempt a consumer from the measure if compliance with it would cause the consumer serious detriment.

    2. Additional notice of water conservation measures

      (1)The utility that developed approved water conservation measures—

      (a)must make copies of a document or documents setting out the measures available for inspection by members of the public—

      (i)during ordinary office hours at the head office of the utility; and

      (ii)on the utility’s web site on the internet; and

      (b)may give public notice of the details of the measures.

      NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

      (2)The utility may also make the document or documents available for inspection at any other place decided by the utility.

    3. Contravening approved water conservation measures

      (1)The occupier of premises commits an offence if water is used at the premises in contravention of an approved water conservation measure.

      Maximum penalty: 10 penalty units.

      (2)An offence against this section is a strict liability offence.

    4. Temporary water restrictions—effect on approved water conservation measures

      An approved water conservation measure has no effect to the extent that it is inconsistent with a temporary water restriction.

    Part 3Temporary water restrictions

    1. Temporary water restriction scheme—approval

      (1)The Minister may approve a scheme developed by a utility for temporary restrictions on the use of water supplied by the utility if satisfied that—

      (a)it may be necessary or desirable for the utility to be able to impose restrictions under the scheme to avoid or reduce the effect of a shortage (including an anticipated shortage) in water needed for consumers; and

      (b)having regard to the shortage, the approved water conservation measures are not likely to ensure an efficient, reliable and sustainable supply of water to meet the needs of consumers; and

      (c)the scheme adequately protects the interests of consumers; and

      (d)the utility developed the scheme in consultation with the director-general responsible for the Water Resources Act 2007.

      (2)An approval is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    2. Scope of temporary water restriction scheme

      (1)The Minister may approve a temporary water restriction scheme under section 9 only if the scheme includes provision in relation to the following:

      (a)a range of temporary restrictions to be imposed in stages on the use of water by consumers;

      (b)the imposition of each stage of temporary restrictions by reference to 1 or more of the following:

      (i)the source, capacity or quality of stored water available to the utility for water services;

      (ii)the rate of consumption of water supplied by the utility;

      (iii)any reduction in water consumption to be achieved; and

      (c)the operation and revocation of each stage of temporary restrictions, whether by reference to a period or circumstances.

      (2)An approved temporary water restriction scheme may include provision for the utility to exempt a consumer from a temporary water restriction if compliance with the restriction would cause the consumer serious detriment.

      (3)This section does not limit the scope of an approved temporary water restriction scheme.

    3. Public inspection of scheme documents

      (1)The utility that developed an approved temporary water restriction scheme must make copies of a document or documents setting out the scheme available for inspection by members of the public—

      (a)during ordinary office hours at the head office of the utility; and

      (b)on the utility’s web site on the internet.

      (2)The utility may also make the document or documents available for inspection at any other place decided by the utility.

    4. Imposition of temporary water restrictions

      (1)A utility may impose restrictions on the use of water by consumers by declaring that temporary water restrictions under a stage of an approved temporary water restriction scheme are in force.

      (2)The imposition of temporary water restrictions under subsection (1) must be in accordance with the approved water restriction scheme.

      (3)To remove any doubt, a utility may make more than 1 declaration in relation to the same stage of temporary water restrictions.

      (4)Before making a declaration, the utility must—

      (a)consult the director-general responsible for the Water Resources Act 2007 about the proposed declaration; and

      (b)tell the Minister of its intention to make the declaration.

      (5)A declaration is a notifiable instrument.

      Note 1A notifiable instrument must be notified under the Legislation Act.

      Note 2The power to make a declaration includes the power to revoke the declaration (see Legislation Act, s 46).

    5. Additional public notice of temporary water restrictions

      The utility must give additional public notice, and notice on the utilities website, of—

      (a)a declaration under section 12 (5); and

      (b)details of the temporary water restrictions in force under the declaration.

      Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in this section is in addition to the requirement for notification on the legislation register as a notifiable instrument.

    6. Contravening temporary water restrictions

      (1)The occupier of premises commits an offence if water is used at the premises in contravention of a temporary water restriction.

      Maximum penalty: 10 penalty units.

      (2)An offence against this section is a strict liability offence.

    Part 4Enforcement—conservation measures and temporary restrictions

    1. Application—pt 4

      An authorised person for a utility may exercise a function under this part only in relation to water supplied by the utility at premises to which the utility provides water services.

    2. Directions to comply with conservation measure or temporary restriction

      (1)This section applies if an authorised person for a utility believes, on reasonable grounds, that—

      (a)water has been used, or is being used, at premises in contravention of an approved water conservation measure or a temporary water restriction; or

      (b)water has been used at premises in contravention of an approved water conservation measure or a temporary water restriction and that a further contravention is likely.

      (2)The authorised person may give the occupier of the premises a written direction to take action stated in the direction to ensure that water is used in accordance with the approved water conservation measure or temporary water restriction.

      (3)It is sufficient if the direction is addressed to ‘the occupier’ of the premises.

      (4)The direction may state a period in which the person must comply with the direction.

      (5)The direction may also be given—

      (a)by leaving it in the letterbox at the premises; or

      (b)by securing it in a conspicuous place at the premises.

      NoteFor other ways in which the direction may be given, see the Legislation Act, pt 19.5.

    3. Contravening directions to comply with conservation measure or temporary restriction

      (1)A person commits an offence if—

      (a)an authorised person for a utility gives the person a direction under section 16; and

      (b)the person contravenes the direction.

      Maximum penalty: 10 penalty units.

      (2)An offence against this section is a strict liability offence.

    4. Power to enter premises—contravention of conservation measure or temporary restriction

      (1)This section applies if an authorised person for a utility believes, on reasonable grounds, that water has been used, or is being used, at premises in contravention of an approved water conservation measure or a temporary water restriction.

      (2)For this section, an authorised person for a utility may enter any part of the premises (other than a part used for residential purposes) at any reasonable time, and—

      (a)inspect the premises and anything at the premises; and

      (b)take action under section 19 (Ending unauthorised use of water).

      (3)For subsection (2), the authorised person may enter the premises with any necessary and reasonable assistance and force.

    5. Ending unauthorised use of water

      (1)An authorised person for a utility may take action under this section if the authorised person believes, on reasonable grounds, that a person is contravening a direction under section 16 (Directions to comply with conservation measure or temporary restriction).

      (2)An authorised person for a utility may also take action under this section if the authorised person believes, on reasonable grounds, that—

      (a)water is being used at premises in contravention of an approved water conservation measure or a temporary water restriction; and

      (b)a direction under section 16 is unlikely to end the contravention because, for example—

      (i)the premises are unoccupied (whether temporarily or permanently); or

      (ii)after making reasonable inquiries, the authorised person cannot find the occupier of the premises; or

      (iii)the occupier is unlikely to comply with the direction; and

      (c)the contravention is likely to continue unless action is taken under this section.

      (3)The authorised person may do any of the following:

      (a)adjust a tap or other water outlet to end the contravention;

      (b)if equipment is used to control the use of water at the premises—adjust the operation of the equipment so that water is used only in accordance with the water conservation measures or temporary water restrictions;

      (c)if the authorised person cannot make the adjustment mentioned in paragraph (b)—stop the supply of water to the equipment.

      (4)If action under subsection (3) (a) or (c) is impracticable, the authorised person may stop the supply of water to the premises from the water network to prevent the contravention.

      (5)The authorised person must give the occupier of the premises a written notice stating particulars of the action taken under this section.

      (6)It is sufficient if the notice is addressed to ‘the occupier’ of the premises.

      (7)The notice may also be given—

      (a)by leaving it in the letterbox at the premises; or

      (b)by securing it in a conspicuous place at the premises.

      NoteFor other ways in which the direction may be given, see the Legislation Act, pt 19.5.

    Part 5Preventing waste of water

    1. Application—pt 5

      An authorised person for a utility may exercise a function under this part only in relation to water supplied by the utility at premises to which the utility provides water services.

    2. Meaning of waste—pt 5

      In this part:

      waste, in relation to water, means the escape of water from defective equipment connected directly or indirectly to the utility’s water network.

      Examples of equipment

      1     tap

      2     timer

      3     hose

    3. Directions to end waste of water

      (1)This section applies if an authorised person for a utility believes, on reasonable grounds, that water is being wasted at premises and that, unless action is taken under this part, the waste is likely to continue.

      (2)The authorised person may give the occupier of the premises a written direction to take action stated in the direction to end the waste of water.

      (3)It is sufficient if the direction is addressed to ‘the occupier’ of the premises.

      (4)The direction may state a period in which the person must comply with the direction.

      (5)The direction may also be given—

      (a)by leaving it in the letterbox at the premises; or

      (b)by securing it in a conspicuous place at the premises.

      NoteFor other ways in which the direction may be given, see the Legislation Act, pt 19.5.

    4. Contravening directions to end waste of water

      (1)A person commits an offence if—

      (a)an authorised person for a utility gives the person a direction under section 22; and

      (b)the person contravenes the direction.

      Maximum penalty: 10 penalty units.

      (2)An offence against this section is a strict liability offence.

    5. Power to enter premises—waste of water

      (1)This section applies if an authorised person for a utility believes, on reasonable grounds, that water is being wasted at premises and that, without action under this part, the waste is likely to continue

      (2)For this section, an authorised person for a utility may enter any part of the premises (other than a part used for residential purposes) at any reasonable time, and—

      (a)inspect the premises and anything at the premises; and

      (b)take action under section 25 (Ending waste of water).

      (3)For subsection (2), the authorised person may enter the premises with any necessary and reasonable assistance and force.

    1. Ending waste of water

      (1)An authorised person for a utility may take action under this section if the authorised person believes, on reasonable grounds, that a person is contravening a direction under section 23 (Contravening directions to end waste of water).

      (2)An authorised person for a utility may also take action under this section if the authorised person believes, on reasonable grounds, that—

      (a)water is being wasted at premises; and

      (b)a direction under section 23 is unlikely to end the waste because, for example—

      (i)the premises are unoccupied (whether temporarily or permanently); or

      (ii)after making reasonable inquiries, the authorised person cannot find the occupier of the premises; or

      (iii)the occupier is unlikely to comply with the direction; and

      (c)the waste is likely to continue unless action is taken under this section.

      (3)The authorised person may do any of the following:

      (a)adjust a tap or other water outlet to end the waste;

      (b)if equipment is used to control the use, or permit the flow, of water at the premises—adjust the operation of the equipment to end the waste;

      (c)if the authorised person cannot make the adjustment mentioned in paragraph (b)—stop the supply of water to the equipment.

      (4)If action under subsection (3) (a) or (c) is impracticable, the authorised person may stop the supply of water to the premises from the water network to end the waste of water.

      (5)The authorised person must give the occupier of the premises a written notice stating particulars of the action taken under this section.

      (6)It is sufficient if the notice is addressed to ‘the occupier’ of the premises.

      (7)The notice may also be given—

      (a)by leaving it in the letterbox at the premises; or

      (b)by securing it in a conspicuous place at the premises.

      NoteFor other ways in which the direction may be given, see the Legislation Act, pt 19.5.

    Part 6Miscellaneous

    1. Production of identity card

      An authorised person for a utility must not remain at premises entered under part 2 (Water conservation measures) or part 3 (Temporary water restrictions) if, when asked by the occupier, the authorised person does not produce his or her identity card for inspection by the occupier.

    2. Damage etc to be minimised

      (1)In the exercise, or purported exercise, of a function under this regulation, an authorised person for a utility must take reasonable steps to ensure that the authorised person, and anyone helping the authorised person, causes as little inconvenience, detriment and damage as is practicable.

      (2)If an authorised person for a utility, or anyone helping an authorised person, damages anything in the exercise, or purported exercise, of a function under this regulation, the authorised person must give written notice of the damage to the person whom the authorised person believes is the owner of the thing.

      (3)The notice must—

      (a)include particulars of the damage; and

      (b)identify the authorised person for the utility, and the utility; and

      (c)include details for contacting the utility about the damage.

      (4)It is sufficient if the notice is addressed to ‘the occupier’ of the premises where the damage happened.

      (5)The notice may also be given—

      (a)by leaving it in the letterbox at the premises where the damage happened; or

      (b)by securing it in a conspicuous place at those premises.

      NoteFor other ways in which the direction may be given, see the Legislation Act, pt 19.5.


    Dictionary

    (see s 3)

    Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

    Note 2In particular, the Legislation Act, dict, pt 1, defines the following terms:

    ·     contravene

    ·     director-general (see s 163)

    ·     Minister (see s 162).

    Note 3Terms used in this regulation have the same meaning that they have in the Utilities Act 2000 (see Legislation Act, s 148.) For example, the following terms are defined in the Utilities Act 2000, dict:

    ·     authorised person

    ·     premises.

    approved temporary water restriction scheme means a scheme approved under section 9.

    approved water conservation measures—see section 5.

    at premises includes in and on the premises.

    temporary water restriction means a water restriction imposed under section 12.

    utility means a water supplier.

    waste, for part 5 (Preventing waste of water)—see section 21.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired

    1. Legislation history

      Utilities (Water Conservation) Regulation 2006 SL2006-9

      notified LR 30 March 2006
      s 1, s 2 commenced 30 March 2006 (LA s 75 (1))
      remainder commenced 31 March 2006 (s 2 and CN2006-4)

      as amended by

      Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.71

      notified LR 30 September 2015
      s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
      sch 1 pt 1.71 commenced 14 October 2015 (s 2)

      Water Resources Amendment Act 2023 A2023-26 sch 1 pt 1.3

      notified LR 7 July 2023
      s 1, s 2 commenced 7 July 2023 (LA s 75 (1))
      sch 1 pt 1.3 commenced 8 July 2023 (s 2)

    2. Amendment history

      Commencement

      s 2om LA s 89 (4)

      Water conservation measures—approval

      s 5am A2023‑26 amdt 1.4

      Additional notice of water conservation measures

      s 6am A2015‑33 amdt 1.248

      Temporary water restriction scheme—approval

      s 9am A2023‑26 amdt 1.4

      Imposition of temporary water restrictions

      s 12am A2023‑26 amdt 1.4

      Additional public notice of temporary water restrictions

      s 13sub A2015‑33 amdt 1.249

      Legislation repealed

      s 28om LA s 89 (3)

      Dictionary

      dictam A2015‑33 amdt 1.250; A2023‑26 amdt 1.5

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No and date Effective Last amendment made by Republication for
    R1
    31 Mar 2006     		31 Mar 2006–
    13 Oct 2015     		not amended new regulation
    R2
    14 Oct 2015     		14 Oct 2015–
    7 July 2023     		A2015‑33 amendments by A2015‑33
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