171By-laws

171 By-laws

S. 171(1) amended by No. 85/2006 s. 69(1).

(1) An Authority may, in accordance with section 160, make by-laws for or with respect to—

(a) regulating, restricting or prohibiting the use of water, either generally or for any specific purpose; and

(b) providing for the publication of notices announcing any restrictions or prohibitions; and

S. 171(1)(ba) inserted by No. 85/2006 s. 69(2).

(ba) prescribing offences, in respect of contravention of restrictions or prohibitions, set out in 4 stages, on the use of water in the whole or any part of the district of the Authority, for which an infringement notice may be served; and

S. 171(1)(bb) inserted by No. 85/2006 s. 69(2).

(bb) the infringement penalties for any offence for which an infringement notice may be served; and

S. 171(1)(bc) inserted by No. 85/2006 s. 69(2), repealed by No. 23/2019 s. 72.

S. 171(1)(c)(d) repealed by No. 23/2019 s. 72.

(e) prohibiting any act which could cause wastage of water; and

(f) regulating or prohibiting any activity that—

(i) is carried out within 40 metres of works or waterways forming part of the Authority's water supply system; and

(ii) may affect that system; and

(g) prohibiting people who are not entitled to water supply from using water from the Authority's works; and

(h) regulating or prohibiting the access to or use of land and works under the management and control of the Authority; and

(i) regulating the use of water for fire-fighting purposes; and

(j) any other matter or thing for which it is necessary or convenient for the Authority to make by-laws.

S. 171(2) inserted by No. 90/2003 s. 5.

(2) A penalty imposed for a contravention of a by-law made under subsection (1)(a) must not exceed—

(a) for a first offence, 40 penalty units or imprisonment for 3 months; and

(b) for a subsequent offence, 80 penalty units or imprisonment for 6 months—

and, in the case of a continuing contravention, an additional penalty not exceeding 5 penalty units for each day on which the offence continues (up to a maximum of 20 additional penalty units)—

(c) after service of a notice of contravention on the person under section 151; or

S. 171(3) inserted by No. 85/2006 s. 69(3).

(3) An infringement penalty imposed for a contravention of an offence for which an infringement notice may be served under a by-law made under subsection (1)(ba) must not exceed—

S. 171(3)(a) amended by No. 17/2012 s. 33(a).