Water Board Act 1987 Water Board (Water Restrictions) Regulation 1994 (1994-578) [GG No 145 of 28.10.1994] (NSW)

1994—No. 578

WATER BOARD ACT 1987—REGULATION

(Water Board (Water Restrictions) Regulation 1994)

NEW SOUTH WALES

[Published in Gazette No. 145 of 28 October 1994]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Water Board Act 1987, has been pleased to make the Regulation set forth hereunder.

ROBERT WEBSTER, M.L.C.,

Minister for Housing.

Citation

1. This Regulation may be cited as the Water Board (Water

Restrictions) Regulation 1994.

Restrictions on use of water during periods of shortage

2. (1) If the Minister considers it necessary to do so in order to conserve supplies of water in a time of drought or other scarcity, the Minister may, by a notice under this Regulation, regulate or restrict any one or more of the following:

(a) the purposes for which water may be used;
(b) the times when water may be used;
(c) the quantities of water that may be used;
(d) the means or methods of the use of water.

(2) Any such notice regulating or restricting the use of water:

(a)	is required to be published in the Gazette or in a newspaper circulating in the area of operations of the Board; and
(b)	may apply to the whole of the area of operations of the Board or to such part of that area as is specified in the notice; and
(c)	takes effect on the date specified in the notice (being a date that is not earlier than the date on which the notice is published); and

1994—No. 578

(d) has effect despite the provisions of any contract relating to the supply of water by the Board.

(3) A person must not use water contrary to a notice under this Regulation.

Maximum penalty: 50 penalty units in the case of a corporation and 5 penalty units in any other case.

Penalty notice

3. For the purposes of section 51 of the Water Board Act 1987:

(a)	an offence under clause 2 is an offence prescribed for the purposes of that section; and
(b)	the penalty prescribed for the offence if dealt with under that section is 2 penalty units.

Cutting off supply

4. The Board may cut off or restrict the supply of water to any land if the owner, occupier or person requiring a supply of water fails to comply with a notice under this Regulation regulating or restricting the use of water.

NOTES

TABLE OF PROVISIONS

1.      Citation

2.       Restrictions on use of water during periods of shortage

3.       Penalty notice

4.       Cutting off supply

EXPLANATORY NOTE

The object of this Regulation is to enable restrictions to be imposed, in times of drought or other scarcity, on the use of water in the area of operations of the Water Board. The Regulation makes it an offence to break the restrictions. It enables an offence for breaking those restrictions to be dealt with by way of penalty notice. The Regulation also enables the Water Board to cut off or restrict supply if a person fails to observe the water restrictions.

The Regulation is made under sections 51 and 66 of the Water Board Act 1987.