324Regulations

324 Regulations (1) The Governor in Council may make regulations for or with respect to— S. 324(1)(a) amended by No. 39/1996 s. 11(3)(a). (a) prescribing standards for houseboats (expressed in terms of performance, types of material, methods of construction or otherwise) in relation to— (i) sewerage and water supply; and S. 324(1)(a)(ii) amended by No. 39/1996 s. 11(3)(b). (ii) services, installations and ancillary equipment, including those for the provision of water supply services, for sanitary purposes and for sewerage; and S. 324(1)(ab) inserted by No. 99/2005 s. 68(1), amended by Nos 32/2010 s. 70(1), 23/2019 s. 98(1)(a). (ab) prescribing fees that may differ according to the class or nature of the application, licence, permit, registration, variation, renewal, transfer or assignment; and S. 324(1)(ac) inserted by No. 99/2005 s. 68(1). (ac) prescribing the form and manner in which the water register is to be established and maintained, including, but not limited to, the establishment, maintenance and alteration of the system of the water register; and S. 324(1)(ad) inserted by No. 99/2005 s. 68(1). (ad) prescribing fees for— (i) making recordings in the part of the water register for which the Registrar or the Minister is responsible; or (ii) searching for or obtaining information or records in the part of the water register for which the Registrar or the Minister is responsible; or (iii) any other matters related to the water register in relation to water shares; or (iv) any other matters in relation to the water register, including, but not limited to, services provided by the Registrar or the Minister as a recording body under Part 5A; and S. 324(1)(ae) inserted by No. 99/2005 s. 68(1). (ae) prescribing, in respect of the water register— (i) persons or classes of person who may search for or obtain information or records in the water register; and (ii) information or records or classes of information or records which may be searched or obtained by those persons; and (iii) information or records or classes of information or records which are not available to the public; and S. 324(1)(af) inserted by No. 99/2005 s. 68(1). (af) regulating places at which water may be taken and times and rates at which water may be taken; and S. 324(1)(ag) inserted by No. 99/2005 s. 68(1). (ag) prescribing matters, in addition to those set out in section 33G, that the Minister must determine when issuing a water share; and S. 324(1)(b) substituted by No. 17/2012 s. 65(1), amended by No. 23/2019 s. 98(1)(b). (b) the management, protection and use of all lands, waterways and works under the management and control of an Authority; and S. 324(1)(c) inserted by No. 17/2012 s. 65(1), substituted by No. 23/2019 s. 98(1)(c). (c) the control, management and use of environmental areas and recreational areas under the control and management of an Authority, including but not limited to— (i) the control, management and use of the land, services and facilities in the area, including fees for the provision or use of any such services or facilities or for entry to land on which such services or facilities are situated; and (ii) the protection of the land, services and facilities; and (iii) the protection of people in the area from injury or nuisance; and (iv) setting aside areas in which activities may be permitted, restricted or prohibited; and (v) the conservation and preservation of flora, fauna and habitat in the area; and (vi) the control of the introduction of any new flora or fauna to the area; and (vii) the control of the numbers of any flora or fauna in the area; and S. 324(1)(ca) inserted by No. 23/2019 s. 98(1)(c). (ca) the granting of leases or licences for environmental areas and recreational areas, and in particular as to the following matters— (i) the Authority that may grant any such lease or licence, which must be the Authority that has the management and control of the area and that has a proprietary interest in the area; (ii) the purposes for which any such lease or licence may be granted, which must be for activities carried on in, or things introduced into, the area; and S. 324(1)(cb) inserted by No. 23/2019 s. 98(1)(c). (cb) the charging of fees for leases or licences over environmental areas and recreational areas; and S. 324(1)(cc) inserted by No. 23/2019 s. 98(1)(c). (cc) the powers of the Authority in relation to the removal of any unregistered or abandoned motor vehicle from an environmental area or a recreational area and its subsequent sale, including provisions about— (i) notice of removal; and (ii) surrender of the motor vehicle to its owner or an agent of the owner; and (iii) sale of the motor vehicle; and (iv) the circumstances in which clear title to the motor vehicle passes on sale; and (v) disposal of the proceeds of sale; and (vi) protection of the Authority from liability in relation to payments of the proceeds of sale; and (vii) any other necessary or convenient matter; and S. 324(1)(d) inserted by No. 17/2012 s. 65(1). (d) sanitary drainage plans held by a water corporation, including— (i) the lodging of plans of sanitary drains as they appear after they have been installed or altered; and (ii) specifying the details that the plans must contain; and (iii) the providing of the copies of the plans; and S. 324(1)(e) inserted by No. 17/2012 s. 65(1). (e) prescribing standards for any saline or other matter (whether in liquid form or not) that may be discharged— (i) into works under the control of a water corporation; or (ii) into any waterway; or (iii) onto any place from which it may enter into— (A) any works under the control of a water corporation; or (B) any waterway; or (C) any aquifer; or (D) any bore; and S. 324(1)(f) inserted by No. 17/2012 s. 65(1), amended by No. 23/2019 s. 98(2)(a). (f) prescribing ways of measuring the supply, delivery, taking or using of water by meter or other measuring device, including ways of calculating water use by reading a meter after the ending of a billing period; and S. 324(1)(g) inserted by No. 17/2012 s. 65(1), amended by No. 23/2019 s. 98(2)(b). (g) prescribing ways of determining the quantity of water supplied or delivered to land, used on land or taken to land, other than by a meter or other measuring device; and S. 324(1)(h) inserted by No. 17/2012 s. 65(1). (h) prohibiting any act which would cause wastage of water; and S. 324(1)(i) inserted by No. 17/2012 s. 65(1). (i) regulating or prohibiting any activity— (i) that is carried out within 40 metres of works or waterways forming part of the water supply system of a water corporation; and (ii) that may affect the system; and S. 324(1)(j) inserted by No. 17/2012 s. 65(1). (j) prohibiting people who are not entitled to water supply from using water from the works of a water corporation; and S. 324(1)(k) inserted by No. 17/2012 s. 65(1). (k) regulating or prohibiting the access to or use of land and works under the management and control of a water corporation; and S. 324(1)(l) inserted by No. 17/2012 s. 65(1). (l) regulating the use of water for fire-fighting purposes; and S. 324(1)(m) inserted by No. 17/2012 s. 65(1). (m) regulating or prohibiting the discharge of any trade waste into the sewers of a water corporation; and S. 324(1)(n) inserted by No. 17/2012 s. 65(1). (n) prescribing the terms and conditions to be included in agreements for the receipt and disposal of trade waste by a water corporation, including the grounds on which a water corporation may disconnect the service; and S. 324(1)(o) inserted by No. 17/2012 s. 65(1). (o) prescribing any waste as trade waste for the purposes of this Act; and S. 324(1)(p) inserted by No. 17/2012 s. 65(1). (p) prescribing the information to be provided to a water corporation by any person whose trade waste the water corporation agrees to receive; and S. 324(1)(q) inserted by No. 17/2012 s. 65(1). (q) the resolution of disputes under or in connection with a trade waste agreement or a proposed trade waste agreement; and S. 324(1)(r) inserted by No. 17/2012 s. 65(1). (r) regulating works or apparatus that are part of any private works; and S. 324(1)(s) inserted by No. 17/2012 s. 65(1). (s) requiring— (i) the regular maintenance and cleaning of those works or apparatus; and (ii) the payment of a fee for any maintenance or cleaning of those works or apparatus that is carried out by or on behalf of a water corporation; and S. 324(1)(t) inserted by No. 17/2012 s. 65(1). (t) prohibiting septic tank discharge within an area in respect of which a water corporation has functions without the consent of the water corporation; and S. 324(1)(ta) inserted by No. 53/2014 s. 7. (ta) prescribing conditions to which levee maintenance permits are subject; and S. 324(1)(u) inserted by No. 17/2012 s. 65(1). (u) imposing penalties for contraventions of the regulations; and S. 324(1)(ua) inserted by No. 23/2019 s. 98(3). (ua) prescribing offences to be water infringement offences, including that a water infringement offence applies or does not apply— (i) at times, on days, in circumstances or at places specified in the regulations; and (ii) to a person or to a class of person specified in the regulations; and S. 324(1)(ub) inserted by No. 23/2019 s. 98(3). (ub) prescribing infringement penalties for water infringement offences, including prescribing different infringement penalties for water infringement offences consisting of different conduct, facts things or circumstances; and S. 324(1)(v) inserted by No. 17/2012 s. 65(1). (v) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. S. 324(1A) inserted by No. 99/2005 s. 68(2), substituted by No. 32/2010 s. 70(2). (1A) Regulations fixing fees under subsection (1)(ad), Part 3A or Part 4B may provide for the waiver, in whole or in part of the fees. S. 324(1B) inserted by No. 32/2010 s. 70(2). (1B) A power conferred under this Act to make regulations fixing fees may be exercised by fixing one fee for two or more matters in respect of which fees are required to be paid under this Act. (2) A power conferred by this Act to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, as respects the cases in relation to which the power is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition. (3) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; or (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or a specified class of persons; or (c) so as to apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person whether— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; and (d) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of persons; and (e) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and S. 324(3)(f) substituted by No. 23/2019 s. 98(4). (f) so as to impose a penalty for a contravention of the regulations not exceeding 20 penalty units, for an individual, or 100 penalty units, for a body corporate; and S. 324(3)(g) inserted by No. 23/2019 s. 98(4). (g) so as to impose an infringement penalty for a contravention of the regulations not exceeding 12 penalty units, for an individual, or 60 penalty units, for a body corporate. (4) If under subsection (3)(c)(iii) a regulation has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, the document, code, standard, rule, specification or method is for the purpose of the regulation to be taken to have not been so amended until notice of the amendment is published in the Government Gazette. S. 324(4A) inserted by No. 17/2012 s. 65(2). (4A) If a regulation made under this Act is inconsistent with a by-law made by an Authority, the regulation prevails to the extent of the inconsistency. S. 324(5) amended by No. 78/2010 s. 24(Sch. 1 item 36.1). (5) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of Parliament. S. 324(6) repealed by No. 78/2010 s. 24(Sch. 1 item 36.2). S. 324A inserted by No. 85/2006 s. 128, repealed by No. 17/2012 s. 8(1). S. 325 repealed by No. 32/2010 s. 71(1). S. 325A inserted by No. 85/2006 s. 129(1). 325A Effect of Schedule 15 Schedule 15 has effect. 326 Savings and transitionals S. 326(1)(2) repealed by No. 32/2010 s. 72(1). S. 326(3) inserted by No. 22/1999 s. 3(7). (3) The amendments of section 47 made by section 3(1) and (2) of the **Water Acts (Amendment) Act 1999** apply only with respect to applications made under section 47 after the commencement of section 3 of that Act. S. 326(4) inserted by No. 22/1999 s. 3(7). (4) The amendments of section 47B made by section 3(3), (4) and (5) of the **Water Acts (Amendment) Act 1999** apply only with respect to requests made under section 47B(1) after the commencement of section 3 of that Act. S. 326(5) inserted by No. 22/1999 s. 3(7). (5) The amendments of this Act made by section 3(6) of the **Water Acts (Amendment) Act 1999** apply with respect to applications under section 44 or 47 or requests under section 47B(1), whether made before or after the commencement of section 3 of that Act. Ss 327, 328 repealed by No. 62/1995 s. 44(5). S. 329 repealed by No. 17/2012 s. 66.[[55]](#endnote-56) S. 330 inserted by No. 65/1999 s. 5.