QLDIn ForceAct
Water Act 2000
sec.25HRequirement to comply with water supply emergency regulation
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### sec.25H Requirement to comply with water supply emergency regulation
A service provider to whom a direction is given under a water supply emergency regulation must comply with the direction.
Maximum penalty—
for a direction mentioned in section 25F (2) (d) (i) —1,665 penalty units; or
for a direction mentioned in section 25F (2) (d) (iii) or (v) —1,000 penalty units.
Subsection (1) applies even if complying with the direction would be inconsistent with the service provider’s current supply and infrastructure contractual arrangements and the current arrangements are ineffective—
to the extent of the inconsistency; and
for the period stated in the regulation.
It is a defence to a prosecution for an offence against subsection (1) to prove—
the service provider made all reasonable efforts to comply with the direction; and
the service provider is unable to comply with the direction because the service provider is unable to acquire, to the extent necessary to comply with the direction—
the development and other approvals necessary for carrying out the measures or achieving the outcomes; or
the land on which infrastructure is to be constructed; or
finance to carry out the measures or achieve the outcomes.
s 25H ins 2005 No. 56 s 4
(sec.25H-ssec.1) A service provider to whom a direction is given under a water supply emergency regulation must comply with the direction. Maximum penalty— for a direction mentioned in section 25F (2) (d) (i) —1,665 penalty units; or for a direction mentioned in section 25F (2) (d) (iii) or (v) —1,000 penalty units.
(sec.25H-ssec.2) Subsection (1) applies even if complying with the direction would be inconsistent with the service provider’s current supply and infrastructure contractual arrangements and the current arrangements are ineffective— to the extent of the inconsistency; and for the period stated in the regulation.
(sec.25H-ssec.3) It is a defence to a prosecution for an offence against subsection (1) to prove— the service provider made all reasonable efforts to comply with the direction; and the service provider is unable to comply with the direction because the service provider is unable to acquire, to the extent necessary to comply with the direction— the development and other approvals necessary for carrying out the measures or achieving the outcomes; or the land on which infrastructure is to be constructed; or finance to carry out the measures or achieve the outcomes.
- (a) for a direction mentioned in section 25F (2) (d) (i) —1,665 penalty units; or
- (b) for a direction mentioned in section 25F (2) (d) (iii) or (v) —1,000 penalty units.
- (a) to the extent of the inconsistency; and
- (b) for the period stated in the regulation.
- (a) the service provider made all reasonable efforts to comply with the direction; and
- (b) the service provider is unable to comply with the direction because the service provider is unable to acquire, to the extent necessary to comply with the direction— (i) the development and other approvals necessary for carrying out the measures or achieving the outcomes; or (ii) the land on which infrastructure is to be constructed; or (iii) finance to carry out the measures or achieve the outcomes.
- (i) the development and other approvals necessary for carrying out the measures or achieving the outcomes; or
- (ii) the land on which infrastructure is to be constructed; or
- (iii) finance to carry out the measures or achieve the outcomes.
- (i) the development and other approvals necessary for carrying out the measures or achieving the outcomes; or
- (ii) the land on which infrastructure is to be constructed; or
- (iii) finance to carry out the measures or achieve the outcomes.