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).
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contents 1
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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
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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
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Dictionary 18
Endnotes
1 About the endnotes 19
2 Abbreviation key 19
3 Legislation history 20
4 Amendment history 21
5 Earlier republications 21
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Australian Capital Territory
Utilities (Water Conservation)
Regulation 2006
made under the
Utilities Act 2000
Part 1 Preliminary
Section 1
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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
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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
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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
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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
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(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
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(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
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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
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(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
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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
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(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
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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
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(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
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(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
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(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
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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
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(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
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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
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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
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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