sch.4-sec.14-oc.2Water service charges— ss 164 , 166 and 166A

### sch.4-sec.14-oc.2 Water service charges— ss 164 , 166 and 166A The tenant must pay an amount for the water consumption charges for the premises if— the tenant is enjoying or sharing the benefit of a water service to the premises; and the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and item 12.2 states that the tenant must pay for water supplied to the premises. However, the tenant does not have to pay an amount— that is more than the amount of the water consumption charges payable to the relevant water supplier; or that is a fixed charge for the water service to the premises. Also, the tenant does not have to pay an amount for a reasonable quantity of water supplied to the premises for a period if, during the period, the premises are not water efficient for section 166 . In deciding what is a reasonable quantity of water for subclause (3), regard must be had to the matters mentioned in section 169 (4) (a) to (e) . The lessor must give the tenant copies of water consumption charges documents within 4 weeks after the lessor receives the documents. The tenant must pay the amount of the water consumption charge to the lessor within 4 weeks after the lessor gives the tenant copies of water consumption charges documents about the incurring of the amount. The tenant is not required to pay an amount for the water consumption charges if the tenant does not receive a copy of the water consumption charges document about the amount payable to the relevant water supplier. Subclause (9) applies if water consumption charges are payable for a period that includes part but not all of a period specified, or to be specified, in a water consumption charges document. The tenant may be required to pay an amount, calculated for a partial billing period under section 166A , using— a meter reading for the premises recorded in a condition report; and a reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant; and the rate used to calculate the water consumption charge stated in the most recent water consumption charges document. If subclause (1) does not apply to this agreement, the lessor may give the tenant a notice stating that the tenant must pay for water consumption charges in relation to the premises. The tenant must pay the water consumption charge during the tenancy in accordance with the notice. Subclauses (2) to (5) apply to a water consumption charge that is payable under the notice given under subclause (10). In this clause— water consumption charge , for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises. If there is a dispute about how much water (or any other service charge) the tenant should pay for, the lessor or tenant may attempt to resolve the dispute by conciliation. water consumption charges document means a document, issued to the lessor by the relevant water supplier, stating the amount of water consumption charges for the premises that are payable to the supplier. (sch.4-sec.14-oc.2-ssec.1) The tenant must pay an amount for the water consumption charges for the premises if— the tenant is enjoying or sharing the benefit of a water service to the premises; and the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and item 12.2 states that the tenant must pay for water supplied to the premises. (sch.4-sec.14-oc.2-ssec.2) However, the tenant does not have to pay an amount— that is more than the amount of the water consumption charges payable to the relevant water supplier; or that is a fixed charge for the water service to the premises. (sch.4-sec.14-oc.2-ssec.3) Also, the tenant does not have to pay an amount for a reasonable quantity of water supplied to the premises for a period if, during the period, the premises are not water efficient for section 166 . (sch.4-sec.14-oc.2-ssec.4) In deciding what is a reasonable quantity of water for subclause (3), regard must be had to the matters mentioned in section 169 (4) (a) to (e) . (sch.4-sec.14-oc.2-ssec.5) The lessor must give the tenant copies of water consumption charges documents within 4 weeks after the lessor receives the documents. (sch.4-sec.14-oc.2-ssec.6) The tenant must pay the amount of the water consumption charge to the lessor within 4 weeks after the lessor gives the tenant copies of water consumption charges documents about the incurring of the amount. (sch.4-sec.14-oc.2-ssec.7) The tenant is not required to pay an amount for the water consumption charges if the tenant does not receive a copy of the water consumption charges document about the amount payable to the relevant water supplier. (sch.4-sec.14-oc.2-ssec.8) Subclause (9) applies if water consumption charges are payable for a period that includes part but not all of a period specified, or to be specified, in a water consumption charges document. (sch.4-sec.14-oc.2-ssec.9) The tenant may be required to pay an amount, calculated for a partial billing period under section 166A , using— a meter reading for the premises recorded in a condition report; and a reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant; and the rate used to calculate the water consumption charge stated in the most recent water consumption charges document. (sch.4-sec.14-oc.2-ssec.10) If subclause (1) does not apply to this agreement, the lessor may give the tenant a notice stating that the tenant must pay for water consumption charges in relation to the premises. (sch.4-sec.14-oc.2-ssec.11) The tenant must pay the water consumption charge during the tenancy in accordance with the notice. (sch.4-sec.14-oc.2-ssec.12) Subclauses (2) to (5) apply to a water consumption charge that is payable under the notice given under subclause (10). (sch.4-sec.14-oc.2-ssec.13) In this clause— water consumption charge , for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises. If there is a dispute about how much water (or any other service charge) the tenant should pay for, the lessor or tenant may attempt to resolve the dispute by conciliation. water consumption charges document means a document, issued to the lessor by the relevant water supplier, stating the amount of water consumption charges for the premises that are payable to the supplier. - (a) the tenant is enjoying or sharing the benefit of a water service to the premises; and - (b) the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and - (c) item 12.2 states that the tenant must pay for water supplied to the premises. - (a) that is more than the amount of the water consumption charges payable to the relevant water supplier; or - (b) that is a fixed charge for the water service to the premises. - (a) a meter reading for the premises recorded in a condition report; and - (b) a reasonable estimate of the volume of water supplied to the premises during the period for which water consumption charges are payable by the tenant; and - (c) the rate used to calculate the water consumption charge stated in the most recent water consumption charges document.