Water Management (Broken Hill Water Supply—General) Regulation 1997 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Water Management (Broken Hill Water Supply—General) Regulation 1997.

2Commencement

This Regulation commences on 1 September 1997.

3Definitions

In this Regulation:

Corporation means Australian Inland Energy Water Infrastructure.

Council means the Council of the City of Broken Hill.

the Act means the Water Management Act 2000.

water control scheme means a scheme referred to in clause 5.

4Notes

The explanatory note and table of contents do not form part of this Regulation.

4AConstruction of references in Division 2 of Part 2 of Schedule 5 to Act

Any reference to the Broken Hill Water Board in Division 2 of Part 2 of Schedule 5 to the Act is taken to be a reference to Australian Inland Energy Water Infrastructure.

4BExemption from sections 293, 320 and 321 of Act

Australian Inland Energy Water Infrastructure is exempt from sections 293 (1) (b), 320 and 321 of the Act.

Part 2Water use control schemes5Establishment of scheme to control use of water

The Corporation may, by order published in a newspaper circulating in the Corporation’s area of operations, establish a scheme to control the use of water supplied by the Corporation.

6Corporation may require compliance with established scheme(1)

In the event of drought, accident or other cause adversely affecting the Corporation’s ability to supply water, the Corporation may serve on a person who is affected by a water control scheme:

• (a)

  a copy of the scheme, as currently in force, and

• (b)

  a written notice prohibiting the person from using water supplied by the Corporation otherwise than in accordance with the scheme.

(2)

The documents referred to in subclause (1) may be served personally or by post.

7Offence

A person who is affected by a water control scheme and on whom a written notice is served in accordance with clause 6 must not use water supplied by the Corporation otherwise than in accordance with the scheme.

Maximum penalty: 10 penalty units.

Part 3Miscellaneous8–10

(Repealed)

11Penalty notice offences

For the purposes of section 365 of the Act:

• (a)

  each offence created by a provision specified in Column 1 of Schedule 1 is prescribed as a penalty notice offence, and

• (b)

  the prescribed penalty for such an offence is the amount specified in Column 3 of Schedule 1.

12Short description of offences(1)

For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 1 is:

• (a)

  the expression specified in Column 2 of that Schedule, or

• (b)

  if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.

(2)

For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 1, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.

(3)

The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used, and any such document continues to have effect as if that expression had not been amended or repealed.

(4)

Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.

13Repeal(1)

The Water Supply Authorities (Broken Hill–General) Regulation 1992 is repealed.

(2)

Any act, matter or thing that, immediately before the repeal of the Water Supply Authorities (Broken Hill–General) Regulation 1992, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1Penalty notice offences

(Clauses 11 and 12)

Column 1	Column 2	Column 3
Clause 7	use water contrary to water control scheme	$200