Utilities (Water Conservation) Regulation 2006 (ACT)

This regulation operationalises how water suppliers in the Australian Capital Territory may adopt, publicise and enforce water conservation measures and temporary water restrictions. Mechanically, it does the following.

Gives the Minister a gatekeeping role: the Minister may approve water conservation measures developed by a utility (approved water conservation measures) and may approve schemes developed by a utility for staged temporary water restrictions (approved temporary water restriction schemes) (see s 5(1) and s 9(1)). Approvals are disallowable instruments (s 5(2), s 9(2)).
Specifies minimum content and process requirements for measures and schemes. A temporary restriction scheme must provide for staged restrictions and triggers linked to stored water, consumption rates or reduction targets, and must specify operation and revocation by period or circumstances (s 10(1)(a)-(c)). Both approved measures and schemes must be developed in consultation with the director-general responsible for the Water Resources Act 2007 (s 5(1)(c), s 9(1)(d)).
Requires utilities to make documents available for public inspection at their head office and on their website (s 6(1)(a)(i)-(ii); s 11(1)(a)-(b)). For temporary restrictions there is an added obligation to give additional public notice, and to publish details on the utilities website, when a declaration imposing a stage is made (s 13).
Enables utilities to impose temporary water restrictions by declaring a stage of an approved scheme in force; declarations are notifiable instruments (s 12(1)-(3), s 12(5)). Before making a declaration the utility must consult the director-general and tell the Minister (s 12(4)(a)-(b)).
Sets up enforcement tools for authorised persons acting for a utility: they may give written directions to occupiers to comply with approved measures or temporary restrictions (s 16); they may direct occupiers to end waste (part 5, s 22); they may enter non‑residential parts of premises on reasonable grounds (s 18(2), s 24(2)); and they may take operational steps such as adjusting taps or stopping supply to equipment or premises to end contraventions or waste (s 19(3)-(4), s 25(3)-(4)). After taking action the authorised person must give the occupier a written notice of particulars of the action (s 19(5)-(7), s 25(5)-(7)).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory 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

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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 www.legislation.act.gov.au): • 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 (www.legislation.act.gov.au). 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).

R3 08/07/23 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory 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

Contents Page contents 2 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 R3 08/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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

Contents Page R3 08/07/23 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary 18 Endnotes 1 About the endnotes 19 2 Abbreviation key 19 3 Legislation history 20 4 Amendment history 21 5 Earlier republications 21

R3 08/07/23 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Utilities (Water Conservation) Regulation 2006 made under the Utilities Act 2000

Part 1 Preliminary Section 1 page 2 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 R3 08/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Utilities (Water Conservation) Regulation 2006. 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The 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 2 A 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)). 4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Water conservation measures Part 2 Section 5 R3 08/07/23 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Water conservation measures 5 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 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. Note 2 The 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.

Part 2 measures—approval Section 6 page 4 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 R3 08/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 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. 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). (2) The utility may also make the document or documents available for inspection at any other place decided by the utility. 7 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. 8 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.

Temporary water restrictions Part 3 Section 9 R3 08/07/23 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Temporary water restrictions 9 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. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 10 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;

Part 3 Temporary Section 11 page 6 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 R3 08/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (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. 11 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. 12 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.

Temporary Part 3 Section 13 R3 08/07/23 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (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 1 A notifiable instrument must be notified under the Legislation Act. Note 2 The power to make a declaration includes the power to revoke the declaration (see Legislation Act, s 46). 13 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. 14 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 4 Enforcement—conservation measures and temporary restrictions Section 15 page 8 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 R3 08/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Enforcement—conservation measures and temporary restrictions 15 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. 16 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.

Enforcement—conservation measures and temporary restrictions Part 4 Section 17 R3 08/07/23 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (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. Note For other ways in which the direction may be given, see the Legislation Act, pt 19.5. 17 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. 18 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.

Part 4 Enforcement—conservation measures and temporary restrictions Section 19 page 10 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 R3 08/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19 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.

Enforcement—conservation measures and temporary restrictions Part 4 Section 19 R3 08/07/23 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (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. Note For other ways in which the direction may be given, see the Legislation Act, pt 19.5.

Part 5 Preventing waste of water Section 20 page 12 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 R3 08/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Preventing waste of water 20 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. 21 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 22 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

Preventing waste of water Part 5 Section 23 R3 08/07/23 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) by securing it in a conspicuous place at the premises. Note For other ways in which the direction may be given, see the Legislation Act, pt 19.5. 23 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. 24 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. 25 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).

Part 5 Preventing waste of water Section 25 page 14 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 R3 08/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (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.

Preventing waste of water Part 5 Section 25 R3 08/07/23 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (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. Note For other ways in which the direction may be given, see the Legislation Act, pt 19.5.

Part 6 Miscellaneous Section 26 page 16 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 R3 08/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Miscellaneous 26 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. 27 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

Water conservation measures) Part 6 Section 27 R3 08/07/23 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) by securing it in a conspicuous place at those premises. Note For other ways in which the direction may be given, see the Legislation Act, pt 19.5.

Dictionary page 18 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 R3 08/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms: • contravene • director-general (see s 163) • Minister (see s 162). Note 3 Terms 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 About the endnotes 1 R3 08/07/23 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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

Endnotes 3 Legislation history page 20 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 R3 08/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 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)

Endnotes Amendment history 4 R3 08/07/23 Utilities (Water Conservation) Regulation 2006 Effective: 08/07/23 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Water conservation measures—approval s 5 am A2023-26 amdt 1.4 Additional notice of water conservation measures s 6 am A2015-33 amdt 1.248 Temporary water restriction scheme—approval s 9 am A2023-26 amdt 1.4 Imposition of temporary water restrictions s 12 am A2023-26 amdt 1.4 Additional public notice of temporary water restrictions s 13 sub A2015-33 amdt 1.249 Legislation repealed s 28 om LA s 89 (3) Dictionary dict am A2015-33 amdt 1.250; A2023-26 amdt 1.5 5 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

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au © Australian Capital Territory 2023

The regulation builds around a small number of statutory constructs; understanding them is critical to interpreting obligations and powers.

Approved water conservation measures (s 5). These are measures developed by a utility and approved by the Minister if the Minister is satisfied they are necessary or desirable to conserve the utility’s water resources to meet reasonably foreseeable consumer needs and to ensure water is used more efficiently, that they adequately protect consumer interests, and that they were developed in consultation with the director‑general for the Water Resources Act 2007 (s 5(1)(a)-(c)). An approval is a disallowable instrument (s 5(2)). The utility may include in the approved measures a power to exempt a consumer where compliance would cause serious detriment (s 5(3)).
Approved temporary water restriction scheme (s 9 and s 10). This is a scheme developed by a utility and approved by the Minister. Approval is conditional on the Minister being satisfied the scheme may be necessary or desirable to avoid or reduce the effects of a shortage (including anticipated shortage), that approved conservation measures are unlikely to ensure an efficient, reliable and sustainable supply given the shortage, that consumer interests are adequately protected, and that the scheme was developed in consultation with the director‑general (s 9(1)(a)-(d)). Section 10 prescribes mandatory content: staged restrictions; triggers for each stage tied to stored water source/capacity/quality, consumption rates or reduction targets; and provisions for operation and revocation by reference to period or circumstances (s 10(1)(a)-(c)). Schemes may provide for exemptions on grounds of serious detriment (s 10(2)). Approval of a scheme is a disallowable instrument (s 9(2)).
Temporary water restriction and declarations (s 12). A utility imposes temporary water restrictions by declaring that a stage in an approved scheme is in force (s 12(1)). Declarations must conform to the approved scheme (s 12(2)). The regulation explicitly permits multiple declarations in relation to the same stage (s 12(3)). Declarations are notifiable instruments (s 12(5)), and before declaring a stage the utility must consult the director‑general and advise the Minister (s 12(4)).
Occupier, premises, water supplied by the utility and utility. The dictionary states terms used have the same meaning as in the Utilities Act 2000 where those terms are defined (Dictionary note; see s 3). The regulation also clarifies that "at premises" includes in and on the premises (dict).
Waste (part 5, s 21). For part 5 only, "waste" is the escape of water from defective equipment connected directly or indirectly to the utility’s water network. The examples in s 21 identify taps, timers and hoses as types of equipment. That definition is narrower than general inefficiency or inefficient use; it targets uncontrolled escape from defective fixtures connected to the network.
Authorised person. The regulation refers repeatedly to "an authorised person for a utility". The dictionary reminds readers that this term is defined in the Utilities Act 2000 and therefore imports the statutory definition in that Act (dict note).
Instruments and public processes. Approvals are disallowable instruments (s 5(2), s 9(2)); declarations under s 12(1) are notifiable instruments (s 12(5)). The Legislation Act 2001 provisions applicable to disallowable and notifiable instruments are signposted in notes accompanying those sections. Utilities must make measures and schemes available for inspection at the head office and on the utility’s website (s 6(1)(a)(i)-(ii); s 11(1)(a)-(b)); for measures the utility "may" give public notice (s 6(1)(b)), whereas for temporary restrictions the utility "must" give additional public notice and publish details on the utilities website after making a declaration (s 13).
Strict liability offences. Offences for contravening measures, restrictions or directions are strict liability offences carrying a maximum of 10 penalty units each (s 7(2), s 14(2), s 17(2), s 23(2)). The regulation’s front matter records that at republication the penalty unit values were set by the Legislation Act 2001 (see text preceding contents).

These concepts structure who decides (Minister approval, utility design), what instruments are used (disallowable approvals and notifiable declarations), what triggers enforcement (reasonable grounds for contravention or waste), and the mechanics of enforcement (written directions, entry to non‑residential parts, adjustment or disconnection of equipment, written notices after action).

The regulation creates obligations and powers that affect identifiable classes of persons and institutions.

Utilities (water suppliers). Utilities are the central actors for measure and scheme design (s 5, s 9). They are responsible for developing measures and schemes, consulting the director‑general for the Water Resources Act 2007, seeking Ministerial approval, making the measure/scheme documents available at their head office and on their website (s 6(1)(a)(i)-(ii); s 11(1)(a)-(b)), and giving additional public notice when a temporary restriction stage is declared (s 13). Utilities also implement and enforce measures by using authorised persons to give directions, enter premises (subject to the limits in s 18 and s 24), and take action to end contraventions or waste (parts 4 and 5). Utilities have discretion to include exemption processes in approved measures and schemes for consumers who would suffer serious detriment if required to comply (s 5(3), s 10(2)). Utilities must also notify the Minister prior to a declaration under s 12(4)(b).
The Minister. The Minister decides whether to approve water conservation measures and temporary water restriction schemes under s 5 and s 9. Approvals are disallowable instruments (s 5(2), s 9(2)), so the Minister’s decision triggers legislative register and presentation obligations under the Legislation Act.
Director‑general responsible for the Water Resources Act 2007. Utilities must consult this director‑general in developing measures and schemes (s 5(1)(c), s 9(1)(d)), and utilities must consult that director‑general before making a declaration under s 12(4)(a). The regulation therefore embeds an administrative consultation role for that director‑general.
Authorised persons for a utility. These are the enforcement agents who may give directions (s 16, s 22), enter non‑residential parts of premises on reasonable grounds (s 18(2), s 24(2)), take operational action to end contraventions or waste (s 19, s 25), and must comply with identification and damage minimisation duties (s 26, s 27). The dictionary notes the term "authorised person" is defined in the Utilities Act 2000 (dict note).
Occupiers and consumers. Occupiers of premises commit offences if they use water in contravention of approved conservation measures or temporary water restrictions (s 7(1), s 14(1)). Occupiers are the recipient(s) of written directions (s 16(2), s 22(2)) and written notices after actions or damage (s 19(5)-(7), s 25(5)-(7), s 27(2)-(4)). The regulation repeatedly uses the address "the occupier" as sufficient for service of directions and notices (see s 16(3), s 19(6), s 22(3), s 25(6), s 27(4)).
Owners of things damaged. If authorised persons or those assisting them damage property in exercising functions under the regulation, the authorised person must give written notice to the person they believe to be the owner (s 27(2)). The notice must include particulars, identify the authorised person and utility, and provide contact details (s 27(3)).
Businesses and non‑residential occupants. The enforcement entry powers expressly exclude parts used for residential purposes (s 18(2), s 24(2)). That means the regulation affects business premises and non‑residential parts of mixed premises because authorised persons can enter those non‑residential parts at reasonable times and use assistance and force if necessary (s 18(3), s 24(3)).
Corporations and individuals facing penalties. Contraventions are strict liability offences with a maximum penalty of 10 penalty units (s 7(1), s 14(1), s 17(1), s 23(1)). At the republication date the Legislation Act set the value of a penalty unit at $160 for an individual and $810 for a corporation (front matter).

Practically, the regulation channels decisionmaking to utilities for design and to the Minister for approval, but it gives utilities operational discretion in enforcement and in granting exemptions. Consumers and occupiers are the principal subjects of enforcement, while businesses and non‑residential occupiers face the most immediate exposure to entry and operational measures because the right of entry excludes residential parts.

This section sets out the principal statutory duties and corresponding rights established by the regulation, with section references.

Duties of the Minister and procedural duties

Minister: may approve conservation measures and temporary water restriction schemes if statutory conditions are met (s 5(1), s 9(1)). Approvals are disallowable instruments (s 5(2), s 9(2)), which triggers the Legislation Act processes for notification and presentation (notes to those sections).

Duties of utilities

Develop measures and schemes in consultation with the director‑general responsible for the Water Resources Act 2007 (s 5(1)(c), s 9(1)(d)).
Make copies of approved measures/schemes available for inspection during ordinary office hours at the head office and on the utility’s website (s 6(1)(a)(i)-(ii), s 11(1)(a)-(b)). The utility may additionally make documents available elsewhere and may (for measures) give public notice (s 6(2), s 6(1)(b)); for temporary restrictions it must give additional public notice when a declaration is made (s 13).
Before imposing a declaration under an approved temporary restriction scheme, consult the director‑general and tell the Minister (s 12(4)(a)-(b)).
Utilities may include exemption processes for consumers whose compliance would cause serious detriment (s 5(3), s 10(2)).

Duties of authorised persons

Exercise functions only in relation to water supplied by their utility at premises to which the utility provides water services (s 15, s 20).
Where reasonable grounds exist that a contravention is occurring or likely, give written directions to occupiers to ensure compliance (s 16(1)-(2)) or to end waste (s 22(1)-(2)).
When entering non‑residential premises on reasonable grounds, inspect and take action under the appropriate ending powers (s 18(2), s 24(2)). Entry may include necessary and reasonable assistance and force (s 18(3), s 24(3)).
If an authorised person takes action to end a contravention or waste (adjust taps, adjust equipment, stop supply to equipment, or stop supply to premises where necessary), they must give the occupier a written notice stating particulars of the action (s 19(3)-(5), s 25(3)-(5)).
Produce identity card on request when present at premises entered under part 2 or part 3; if they do not produce it they must not remain (s 26).
Take reasonable steps to cause as little inconvenience, detriment and damage as practicable (s 27(1)); if damage occurs, give written notice to the believed owner with particulars and contact details (s 27(2)-(4)).

Rights and obligations of occupiers/consumers

Occupiers must comply with directions given under s 16 and s 22; failure to do so is an offence carrying up to 10 penalty units (s 17(1)-(2), s 23(1)-(2)).
Occupiers commit offences if water is used at premises in contravention of approved measures or temporary water restrictions (s 7(1)-(2), s 14(1)-(2)). These are strict liability offences.
Occupiers have a conditional right to demand identity cards from authorised persons engaged under parts 2 or 3; absence of production requires the authorised person to leave (s 26).
If an authorised person acts to end a contravention or waste, the occupier must receive written particulars of the action (s 19(5)-(7), s 25(5)-(7)), and if damage occurs the occupier (as owner) is entitled to a written notice (s 27(2)-(4)).

Instrumental and procedural requirements

Approvals are disallowable instruments (s 5(2), s 9(2)); declarations are notifiable instruments (s 12(5)). The Legislation Act procedures for those kinds of instruments apply (notes to those sections and Legislation Act signposts within the regulation).

Operational constraints and limits

Entry powers exclude parts used for residential purposes (s 18(2), s 24(2)): authorised persons cannot enter a part of premises that is used for residential purposes under these provisions.
The "waste" power in part 5 targets escape from defective equipment connected to the utility’s network (s 21); that limits the regulatory reach to physical leaks and defective fittings rather than general inefficient use.

Overall, duties are distributed so that utilities make and publicise plans and deploy authorised persons; authorised persons have operational powers bounded by notice, identification, damage‑minimisation and entry limits; and occupiers have a duty to comply with directions and measures, with strict liability exposure for non‑compliance.

The regulation sets a compact enforcement design: written directions, entry and operational remedies backed by strict liability offences carrying a modest statutory maximum. Key enforcement mechanics and penalties are below.

Offences and penalty quantum

Contravening an approved water conservation measure at premises is an offence with a maximum penalty of 10 penalty units (s 7(1)). The offence is strict liability (s 7(2)).
Contravening a temporary water restriction at premises is an offence with a maximum penalty of 10 penalty units and is strict liability (s 14(1)-(2)).
Contravening a direction to comply with a conservation measure or temporary restriction given by an authorised person under s 16 is an offence with a maximum penalty of 10 penalty units and is strict liability (s 17(1)-(2)).
Contravening a direction to end waste given under s 22 is an offence with a maximum penalty of 10 penalty units and is strict liability (s 23(1)-(2)).
The regulation’s front matter records that, at the republication date, a penalty unit equalled $160 for an individual and $810 for a corporation under the Legislation Act 2001, s 133. Applying that table produces a statutory maximum of $1,600 for an individual and $8,100 for a corporation for each 10‑penalty‑unit offence (front matter).

Enforcement powers available to authorised persons

Written directions. Where the authorised person has reasonable grounds to believe a contravention has occurred or is likely, they may give a written direction to the occupier to take stated actions to ensure compliance with an approved measure or temporary restriction (s 16(1)-(2)). Directions may specify a compliance period and need only be addressed to "the occupier" (s 16(3)-(4)).
Entry and inspection. An authorised person may enter any part of premises other than a part used for residential purposes at any reasonable time and inspect the premises and take further action under s 19 to end unauthorised water use (s 18(2)). Entry may be with necessary and reasonable assistance and force (s 18(3)).
Ending contraventions. If the authorised person reasonably believes a person is contravening a direction under s 16 or that a contravention of measures or restrictions is ongoing and unlikely to end without action, the authorised person may:
- adjust a tap or other outlet (s 19(3)(a));
- adjust the operation of equipment used to control water use so water is used only as permitted (s 19(3)(b));
- if unable to adjust that equipment, stop the supply of water to the equipment (s 19(3)(c));
- if adjustment or stopping supply to equipment is impracticable, stop the supply of water to the premises from the water network to prevent the contravention (s 19(4)). After taking action the authorised person must give the occupier a written notice with particulars of the action (s 19(5)-(7)).
Ending waste (part 5 mirrors part 4 structure). Under s 25 authorised persons may use similar operational remedies where there is waste (as defined in s 21), with the same obligation to give written particulars afterward (s 25(3)-(7)).
Identity and conduct safeguards. An authorised person must produce identity card if asked while present at premises entered under part 2 or part 3; failing that, they must not remain (s 26). Authorised persons must take reasonable steps to minimise inconvenience, detriment and damage (s 27(1)) and must give written notice of damage including particulars, identity and contact details (s 27(2)-(3)).

Evidential and procedural features relevant to enforcement

Strict liability. Offences are strict liability (s 7(2), s 14(2), s 17(2), s 23(2)), which lowers the prosecution’s burden on mens rea. Defences available under the general law or Legislation Act might still apply but are not provided in the regulation text.
Reasonable grounds. Many powers trigger on an authorised person’s belief on reasonable grounds (see s 16(1), s 18(1), s 22(1), s 24(1)). That is the statutory standard for lawful exercise of entry and direction powers.
Limits on entry. Entry powers apply only to non‑residential parts of premises (s 18(2), s 24(2)), and to premises to which the utility provides water services (s 15, s 20). These constraints limit the spatial scope of enforcement.
Notice and instrument requirements. Approvals of measures and schemes are disallowable instruments (s 5(2), s 9(2)) and declarations imposing a stage are notifiable instruments (s 12(5)). Utilities must also give additional public notice when declaring a stage (s 13). These procedural steps increase transparency and create public records that enforcement will follow a pre‑published scheme.

Taken together, enforcement under the regulation relies on administrative decisionmaking and operational remedies rather than large financial penalties. The regulation privileges rapid operational intervention (adjust taps, stop supplies) and makes contraventions strict liability offences with a 10‑penalty‑unit ceiling, backed by statutory processes for approvals and declarations.

The regulation is interwoven with the Utilities Act 2000, the Legislation Act 2001 and the Water Resources Act 2007 in several express ways; it imports definitions and instrument‑making processes from those Acts.

Definitions and institutional terms. The dictionary states that terms used in the regulation have the same meaning they have in the Utilities Act 2000 where defined (dict note). In particular, "authorised person" and "premises" are defined in the Utilities Act 2000 (dict note). That means readers must consult the Utilities Act to know who can be an authorised person and how "premises" is treated in borderline cases.
Instrumentation and parliamentary processes. The regulation makes approvals of measures and schemes disallowable instruments (s 5(2), s 9(2)) and confirms declarations imposing temporary restriction stages are notifiable instruments (s 12(5)). The notes remind that disallowable and notifiable instruments are subject to the Legislation Act requirements for notification and presentation to the Legislative Assembly; for example, the Legislation Act governs the legal status and parliamentary oversight of disallowable instruments (s 5(2) note; s 9(2) note).
Consultation with the Water Resources statutory officer. The regulation requires utilities to develop measures and schemes in consultation with the director‑general responsible for the Water Resources Act 2007 (s 5(1)(c); s 9(1)(d)). It further requires utilities to consult that director‑general before making a declaration under s 12(4)(a). The practical effect is to fold water resource‑planning advice into the administrative design and triggering of measures and temporary restrictions.
Service and notice methods. The regulation’s provisions on giving directions and notices refer to service methods set out in the Legislation Act (for example, "for other ways in which the direction may be given, see the Legislation Act, pt 19.5", appearing in s 16 and similar notes). Thus, the Legislation Act’s service rules and the definition of "public notice" apply (the notes define public notice as notice on an ACT government website or in a daily newspaper circulating in the ACT).
Penalty unit valuation. The front matter records the penalty unit valuation under the Legislation Act 2001, s 133, at the republication date. Therefore the quantum of monetary penalties (in dollars) is governed by the Legislation Act and can change when that Act’s penalty unit value changes (front matter).
Limits on regulatory scope. The regulation expressly limits the exercise of part 4 and part 5 functions to water supplied by the utility at premises to which the utility provides services (s 15, s 20). That links the regulation to the Utilities Act regime that determines who is a utility and what premises are served.

In sum, the regulation is not self‑contained; it relies on the Utilities Act for key definitions and on the Legislation Act for instrument types, service and notice procedures, and penalty‑unit valuation. It embeds the Water Resources Act’s administrative role by requiring consultation with that director‑general on measures, schemes and declarations.

The republication contains the regulation as in force on 8 July 2023 and records a compact amendment history in the endnotes. Key amendment milestones set out in the instrument are:

Original instrument: Utilities (Water Conservation) Regulation 2006 SL2006‑9, notified on the legislation register on 30 March 2006. Sections 1 and 2 commenced 30 March 2006; remainder commenced 31 March 2006 (endnote 3).
Red Tape Reduction Legislation Amendment Act 2015 (A2015‑33). This Act amended elements of the regulation and is recorded in the legislation history and amendment history. The regulation shows that s 6 (additional notice of water conservation measures), s 13 (additional public notice of temporary water restrictions) and the dictionary were amended by A2015‑33 (see amendment history endnote 4).
Water Resources Amendment Act 2023 (A2023‑26). This Act effected more recent amendments. The legislation history shows it was notified on the legislation register on 7 July 2023 and parts commenced 8 July 2023. The amendment history lists s 5 (water conservation measures,approval), s 9 (temporary water restriction scheme,approval), s 12 (imposition of temporary water restrictions) and the dictionary as amended by A2023‑26 (amdt 1.4 and 1.5 references in the endnotes).
Republication. The republished regulation on the register is Republication No 3, effective 8 July 2023. The front material explains that the Parliamentary Counsel’s Office may make editorial amendments under the Legislation Act, part 11.3, and that this republication includes those editorial amendments (front matter).

What the endnotes make clear

The endnotes show exactly which amending instruments altered which provisions. For example, the Red Tape Reduction Act amends s 6 and s 13 and the dictionary; the Water Resources Amendment Act 2023 amends s 5, s 9, s 12 and the dictionary (endnote 4).
The front matter also records the value of a penalty unit at the republication date under Legislation Act 2001, s 133.

Practical implications of the amendment history

Recent amendments in 2023 focus on the approval and imposition mechanics for conservation measures and temporary restriction schemes (s 5, s 9, s 12), which indicates the legislature updated who approves and how schemes are authorised or triggered. The 2015 amendments adjusted publication/notice obligations (s 6, s 13) and the dictionary, reflecting administrative modernisation (for example, web publication was emphasised).
Because approvals are disallowable instruments and declarations are notifiable instruments, changes in the Legislation Act or future amendments to this regulation will have operational effects on publication, parliamentary oversight and timing.

For a compliance or legislative tracking exercise, practitioners should monitor the Legislation Register entries for any uncommenced amendments or further changes to the Legislation Act that would affect instrument classification, notice procedures or penalty‑unit valuation.

The text of the regulation and its endnotes do not record any litigation about the Utilities (Water Conservation) Regulation 2006. The instrument’s endnotes set out the legislation and amendment history but do not reference court decisions, tribunal determinations or reported cases interpreting the regulation.

Consequently:

There are no cases named in the regulation materials provided that bear on interpretation of its provisions.
Where interpretation issues may arise in practice , for example, what constitutes "reasonable grounds" for an authorised person’s belief, the boundary between part 5 waste and other inefficient but non‑defective use, or the operation of the exemption for "serious detriment" , the text itself provides the statutory language but not adjudicated clarifications.

Practitioners seeking litigation history or judicial construction should search court and tribunal databases for decisions concerning the Utilities Act 2000 and the Utilities (Water Conservation) Regulation 2006 or otherwise monitor Administrative and Supreme Court lists post‑republication. The regulation’s internal notes and dictionary do not supply litigation references.

This regulation is compact, but several drafting choices and structural features give rise to implementation or compliance pitfalls that merit attention.

Strict liability offences with modest monetary ceiling

Offences (contravention of measures and restrictions, contravening directions) are strict liability and carry a 10 penalty‑unit maximum (s 7, s 14, s 17, s 23). Strict liability reduces prosecution evidentiary burden on mens rea; although penalties are modest in dollar terms (10 units equalled $1,600 for an individual and $8,100 for a corporation at republication), multiple or repeated contraventions could produce cumulative enforcement risk, particularly for commercial occupiers. The regulation does not set out defences.

Discretion and absence of prescribed exemption criteria

Both approved measures and temporary restriction schemes may include power for the utility to exempt a consumer if compliance would cause "serious detriment" (s 5(3), s 10(2)). The regulation does not define "serious detriment" nor prescribe an application or appeal process for an exemption. That leaves utilities with administrative discretion and creates a potential source of inconsistent treatment between consumers unless utilities adopt clear internal policies.

Publication asymmetry between measures and restrictions

Approved measures: the utility "must" make documents available at head office and on its website (s 6(1)(a)(i)-(ii)), but may give public notice (s 6(1)(b)). Temporary restrictions: when a declaration is made the utility "must" give additional public notice and notice on the utilities website (s 13). The asymmetry means a utility could, in principle, be less proactive about widely broadcasting approved measures while being required to notify when temporary restrictions are imposed. That affects public awareness and can create evidentiary disputes about whether occupiers had adequate notice before enforcement action.

Entry‑power scope and the residential‑part carve‑out

Entry powers in parts 4 and 5 exclude parts of premises used for residential purposes (s 18(2), s 24(2)). However authorised persons may enter other parts of the same premises (for example, commercial premises attached to residences). Practitioners must plan inspections and interventions accordingly. The carve‑out may also create enforcement gaps on mixed‑use premises where the source of contravention or waste is located inside a residential part that is legally protected under s 18(2)/s 24(2).

Identity card limitation that appears scope‑limited

Section 26 provides that an authorised person for a utility must not remain at premises entered under part 2 or part 3 if, when asked by the occupier, the authorised person does not produce their identity card. Part 2 and part 3 are the Water conservation measures and Temporary water restrictions parts respectively. However, the principal entry and enforcement powers are granted in part 4 and part 5. Because s 26 refers expressly to part 2 or part 3 entries, there is a potential drafting anomaly concerning entries made under the enforcement provisions in part 4 or part 5: the identity card restraint might not apply to an authorised person entering under those enforcement provisions (s 18, s 24). That is a narrow textual point that could create confusion in the field; practitioners should be careful to ensure authorised persons produce identification as a matter of best practice, and agencies should adopt policies requiring presentation of ID even where the statutory cross‑reference is limited.

"Waste" limited to defective equipment connected to the network

The part 5 definition of waste is the escape of water from defective equipment connected to the utility's network (s 21). That definition targets leaks and defective fittings. Deliberate but inefficient use (for example, overwatering gardens within permitted rules) may not fall within the part 5 definition. Enforcement strategies relying on "waste" powers must therefore be focused on defective equipment, not on general inefficiency, unless that inefficiency also amounts to escape from defective equipment.

Service sufficiency and use of "the occupier" as addressee

The regulation consistently allows service of directions and notices addressed simply to "the occupier" and served by leaving in a letterbox or securing in a conspicuous place (see s 16(3)-(5), s 19(6)-(7), s 22(3)-(5), s 25(6)-(7), s 27(4)-(5)). The Legislation Act’s service provisions are signposted as additional options. In practice, relying on letterbox service may create evidentiary challenges if the occupier later claims not to have received notice. Utilities should adopt robust service records (photos, timestamps) and consider additional methods of service in contentious cases.

Interaction of approvals and temporary restrictions

The regulation states an approved water conservation measure has no effect to the extent inconsistent with a temporary water restriction (s 8). That means temporary restrictions function as an override. Practitioners should note that a published approved measure may be superseded in practice when a declaration brings a temporary restriction stage into force. Utilities must therefore update public messaging promptly upon declarations (s 13), otherwise occupiers may be uncertain which rules apply.

Limits on where powers may be exercised

Authorised persons may exercise functions under part 4 only in relation to water supplied by the utility at premises to which the utility provides water services (s 15). Similarly, part 5 functions are limited to water supplied by the utility at premises to which it provides services (s 20). That limits enforcement against third‑party supplies or private bores not connected to the utility’s network.

These drafting features and operational gaps create practical enforcement and compliance risks that utilities, occupiers and advisers should plan for: policies for exemptions, proactive public notice, recordkeeping for service and action taken, clear authorisation and ID practices for field staff, and carefully targeted use of "waste" powers.

This section provides practical, source‑grounded steps for utilities, authorised persons, occupiers and compliance professionals seeking to comply with the regulation’s mechanics.

For utilities (water suppliers)

Design and approval
- Develop approved water conservation measures and temporary water restriction schemes in documented consultation with the director‑general responsible for the Water Resources Act 2007, as required by s 5(1)(c) and s 9(1)(d). Keep records of consultation meetings, minutes, and technical input to evidence compliance with the consultation requirement for approval.
- Ensure schemes include the mandatory staged restrictions, specified triggers (source/capacity/quality of stored water, consumption rates, reduction targets) and provisions for operation and revocation by period or circumstances (s 10(1)(a)-(c)). Include clear, objective trigger thresholds where practicable to reduce discretional disputes.
Approval instruments and parliamentary steps
- Prepare the Ministerial approval material, remembering that approvals are disallowable instruments (s 5(2), s 9(2)). Work with the agency’s legal team to ensure instrument drafting meets the Legislation Act form and notification requirements signposted in the notes to those sections.
Publication and public notice
- Make the approved measures and schemes available for inspection at the utility’s head office during ordinary hours, and publish them on the utility’s website (s 6(1)(a)(i)-(ii), s 11(1)(a)-(b)). For transparency consider also publishing FAQs and procedural guidance on exemptions and enforcement.
- For temporary water restriction declarations, ensure the utility gives additional public notice and posts full details on the utilities website as required (s 13). Keep a public archive of declarations and the dates they took effect to support enforcement and public awareness.
Exemptions policy
- Draft a clear internal policy and application process for exemptions grounded in the statutory phrase "serious detriment" (s 5(3), s 10(2)). Define evidence standards and timelines for decisions to limit discretionary inconsistency. Publish the exemption policy as part of the document set available for inspection.
Operational readiness and authorised persons
- Authorise and train field staff according to the Utilities Act’s definition of authorised person, and produce identity cards for authorised persons to present on request. Although s 26’s identity‑card requirement is textually limited, adopt a consistent policy that authorised persons present identity on every entry for public assurance.
- Prepare standard written directions and notice templates that meet the regulation’s requirements (addressed to "the occupier" is sufficient but include precise particulars and compliance periods where relevant) and maintain logs and proof of service.
- Equip crews with non‑destructive methods for adjusting taps/controlling equipment and with protocols for stopping supplies to equipment or premises only when necessary, consistent with s 19 and s 25. Train crews on the damage‑minimisation duty (s 27) and on procedures for notifying owners in the event of damage (s 27(2)-(4)).
Decision recordkeeping
- Keep contemporaneous records of the objective basis for declaring a stage under an approved scheme: measured reservoir levels, consumption statistics, forecasting data, and written records of the consultation with the director‑general and the notification to the Minister required before a declaration (s 12(4)(a)-(b)). Because declarations are notifiable instruments (s 12(5)), maintain the registry evidence and public notice records under s 13.

For authorised persons and operations teams

Exercising directions and entry powers
- Ensure that an authorised person has "reasonable grounds" documented before giving directions (s 16(1), s 22(1)) or before entry (s 18(1), s 24(1)). Make contemporaneous notes of observations and enquiries that produced those reasonable grounds.
- Respect the residential part carve‑out on entry (s 18(2), s 24(2)). If enforcement requires access to a residential part, seek alternative legal routes or warrants if applicable under other legislation; do not rely on s 18/s 24 as authorisation to enter residential areas.
Identification and notice
- Present identity cards proactively on arrival, even where the regulation’s identity provision is limited (s 26). After any intervention provide written notices with particulars of actions taken (s 19(5)-(7), s 25(5)-(7)) and keep proof of handover or placement in letterbox/conspicuous place as per the allowed methods of service.
Damage minimisation and liability
- Follow the s 27 duty to minimise inconvenience, detriment and damage. If damage occurs, issue a written notice to the believed owner with particulars, identification and contact details, and ensure the utility logs follow-up repair or compensation processes (s 27(2)-(3)).

For occupiers, consumers and businesses

Awareness and recordkeeping
- Inspect the utility’s head office publication point and website for approved measures and schemes (s 6(1)(a)(i)-(ii), s 11(1)(a)-(b)) and monitor utility notices for any declarations of temporary restrictions (s 12, s 13). Maintain records proving compliance efforts when compliant behaviour may be contested.
Responding to directions and notices
- If you receive a written direction from an authorised person under s 16 or s 22, act promptly within any stated period. Failure to comply is a strict liability offence (s 17(1)-(2), s 23(1)-(2)).
- If an authorised person attends your premises, ask to see identification before engaging with them; where the utility’s representative cannot produce ID, record the incident and seek confirmation from the utility. The regulation requires identity presentation for premises entered under part 2 or part 3 (s 26), and best practice is to ask for ID for any official visit.
Remediate defective equipment
- Because part 5 targets waste as the escape of water from defective equipment connected to the utility’s network (s 21), proactively inspect and repair taps, hoses and timers. Prompt repairs reduce the risk of direction, entry and operational disconnection.

For compliance officers, counsel and regulators

Document and audit the consultation and approval chain
- Keep a paper trail of consultation with the director‑general, Ministerial submissions and approval instruments to support lawful exercise of powers, particularly when contested enforcement actions arise (s 5(1)(c), s 9(1)(d), s 12(4)).
Policy on exemptions and appeals
- Draft and publish an exemption policy and decision‑making framework to mitigate arbitrary outcomes and to create predictable standards for "serious detriment" (s 5(3), s 10(2)). Provide internal review pathways where practicable.
Administrative law preparedness
- Because approvals and declarations are disallowable/notifiable instruments under the Legislation Act, maintain Legislation Register compliance and ensure instruments are properly notified and accessible in case of parliamentary disallowance or legal challenge (s 5(2), s 9(2), s 12(5)).
Training and supervision
- Put in place supervisory checks on authorised persons to ensure "reasonable grounds" are recorded, identity is produced, damage‑minimisation duties are followed, and that entry is confined to permitted non‑residential parts (s 16(1), s 18(2), s 26, s 27).

These compliance steps track the regulation’s express requirements and address the operational risks identified in the "Gotchas" section. They are designed to reduce enforcement disputes, evidentiary challenges and exposure to strict liability penalties by emphasising documentation, transparency and predictable exemption processes.

Utilities (Water Conservation) Regulation 2006

Plain English Summary

Deep Dive

What it does

Current sections

Utilities (Water Conservation) Regulation 2006

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply