Water Agencies (Powers) (Infringements) Regulations 2026

The Water Agencies (Powers) (Infringements) Regulations 2026 create an infringement-notice route for one specified offence under the Water Agencies (Water Use) By-laws 2010. Regulation 4 prescribes an offence under by-law 4(2) as an offence that may be dealt with under s 103 of the Water Agencies (Powers) Act 1984. Regulation 5 sets the modified penalty at $100. Form 1 describes the alleged conduct as “using domestic bore water in contravention of the stage of restrictions applicable” under those By-laws.

The Regulations also identify people with roles in administering that route. Regulation 6(1) lists Department positions whose holders are “prescribed persons” for s 103. Under reg 6(2), an “authorised person” must be employed by the Department or a water corporation and authorised by the CEO to give a notice concerning an alleged offence under by-law 4. The regulations prescribe a notice form, a withdrawal form and an authorised-person certificate. They also make it an offence, punishable by a $200 fine, for someone who is not an authorised person to alter an infringement notice.

The instrument therefore sets out a defined administrative pathway and its stated monetary penalties. It does not reproduce s 103, the full text of by-law 4(2), or the provisions defining “domestic bore water” and “water corporation”. Those materials would be needed to explain the complete statutory context. The forms describe possible next steps if the penalty is not paid, but the regulations themselves do not set out the full enforcement process.

An infringement notice is the notice contemplated by s 103(2) of the Act and prescribed by reg 7(1) to use Schedule 1 Form 1. That form identifies the alleged offence, the place and date, the modified penalty, and how the recipient may deal with the notice. The instrument does not set out all the legal consequences of receiving or responding to a notice; those may depend on s 103, which is referred to but not reproduced.

A modified penalty is the amount specified for the prescribed offence in this instrument. Regulation 5 fixes it at $100. The term does not mean that the regulations provide a complete account of any additional costs that might arise. Form 1 separately warns that administrative charges may be incurred if the matter is referred to the Fines Enforcement Registry, and refers to an additional enforcement fee for payment after the due date.

A prescribed person, an authorised person and a designated person are separate roles linked to s 103. Regulation 6(1) identifies prescribed Department positions. Regulation 6(2) sets out the employment and CEO-authorisation conditions for an authorised person who gives a notice. Regulation 6(3) identifies the designated person as the individual designated under s 57 of the Financial Management Act 2006 as the Department’s chief finance officer.

The regulations also use “domestic bore water” and “water corporation”. Regulation 3 adopts meanings from other instruments: the 2010 By-laws, by-law 3, and s 106(1A) of the Act respectively. Their detailed definitions are not reproduced here.

The Regulations directly concern people alleged to have used domestic bore water contrary to the stage of restrictions applicable under the Water Agencies (Water Use) By-laws 2010, by-law 4(2). That description appears in Form 1, while reg 4 identifies the prescribed offence by reference to the by-law. The text does not specify which restriction stages apply, how they are set, or what conduct falls within each stage. Those matters cannot be resolved from this instrument alone.

People receiving a notice are affected by its stated $100 modified penalty and the response period shown in Form 1. The form says that payment may dispose of the matter if made within 21 days after the notice is given. It also describes possible consequences of non-payment, including prosecution or referral for recovery by the Fines Enforcement Registry. These are statements in the prescribed form; the detailed legal rules governing those processes are not reproduced in the Regulations.

The administrative provisions affect Department employees and employees of water corporations in different ways. Certain Department positions are listed as prescribed persons under reg 6(1). Employees of either the Department or a water corporation may qualify as authorised persons only if the CEO authorises them to give notices concerning the specified by-law offence (reg 6(2)). The chief finance officer designated under the Financial Management Act 2006, s 57, is identified as the designated person for s 103 purposes (reg 6(3)).

The alteration offence may affect anyone who alters an infringement notice while not being an authorised person. Regulation 8 sets a $200 fine for that offence. The instrument does not explain how the regulations affect other water users, businesses, landholders or third parties beyond these defined roles and alleged conduct.

Regulation 7 prescribes three forms for notices under s 103: Form 1 for an infringement notice, Form 2 for a withdrawal notice, and Form 3 for a certificate that a person is authorised. The forms are part of the mechanism established by the instrument. Form 1 includes fields for the recipient’s identity and address, where and when the alleged offence occurred, the notice number, and the issuing person’s details and signature.

Form 1 states that the recipient may pay the $100 modified penalty within 21 days after the notice is given. It also says that, if the recipient wishes to pay but cannot do so within that period, they may apply to the Department for an extension of time. The form does not specify the criteria for granting an extension, how an application is decided, or whether the payment period changes while an application is considered. Those questions are not answered by the reproduced regulations.

The form says that, if the penalty is not paid, a prosecution notice may be issued and the matter dealt with by a court, or the modified penalty may be recovered by the Fines Enforcement Registry. It also states that a person will be given an opportunity to elect to have a prosecution notice dealt with by a court. The underlying s 103 is not included, so the form alone does not establish the full procedural requirements, timing or available options.

Form 2 provides for notice that an infringement notice has been withdrawn, with alternatives indicating either that no further action will be taken or that a summons will be issued. Regulation 8 separately prohibits unauthorised alteration of an infringement notice. The instrument does not describe a general appeal or review process.

The primary penalty specified by the Regulations is the $100 modified penalty for the by-law 4(2) offence (reg 5). This is an infringement amount, not the stated penalty for the offence if prosecuted. The Regulations do not state what a court could impose following prosecution, and the text does not reproduce the relevant penalty provisions of the By-laws or the Act. The $100 figure should therefore be read as the modified penalty prescribed for the infringement-notice pathway, not as a complete statement of every possible financial consequence.

Form 1 describes two possible routes if the penalty is not paid. First, a prosecution notice may be issued, with the matter dealt with by a court. Second, the modified penalty may be recovered by the Fines Enforcement Registry. The form says that recovery may involve additional administrative charges and lists possible enforcement measures: suspension or cancellation of driver or vehicle licences, disqualification from holding or obtaining those licences, vehicle immobilisation or removal of number plates, publication of details on a website, garnishing earnings or bank accounts, and seizure and sale of property. It also says the person will have an opportunity to elect to have a prosecution notice dealt with by a court.

These descriptions are in the prescribed form; the Regulations do not themselves set out the conditions, sequence or decision-making rules for those enforcement measures. Form 1 also states that payments after the due date can only be made with a final demand letter and that an additional enforcement fee is incurred. The text does not explain how that statement operates alongside the extension-of-time process, or identify the amount of the fee.

A separate offence is created by reg 8: a person who is not an authorised person and alters an infringement notice commits an offence punishable by a fine of $200. Both elements are required by the wording: the person must not be authorised and must alter a notice.

The Regulations operate by reference to several other instruments, but do not reproduce their substantive provisions. The principal statutory link is s 103 of the Water Agencies (Powers) Act 1984. Regulation 4 makes the specified by-law offence capable of being dealt with under that section. Regulation 6 uses s 103 to identify prescribed, authorised and designated persons, while reg 7 prescribes forms for notices and certificates given under particular subsections of s 103. The full operation of the infringement process therefore depends in part on statutory text not included here.

The conduct is defined by reference to the Water Agencies (Water Use) By-laws 2010. Regulation 4 names by-law 4(2), and Form 1 describes the conduct as using domestic bore water contrary to the stage of restrictions applicable under those By-laws. Regulation 3 takes the meaning of “domestic bore water” from by-law 3. The text supplied does not set out the restriction stages, the complete offence elements or any exceptions. Those details cannot be inferred solely from the reference to by-law 4(2).

“Water corporation” is given the meaning in s 106(1A) of the Act (reg 3). That definition matters because reg 6(2) allows an employee of a water corporation, as well as a Department employee, to be authorised to give a notice, provided the CEO authorises that person for the specified offence.

Finally, reg 6(3) links the designated-person role to s 57 of the Financial Management Act 2006, identifying the person designated as the Department’s chief finance officer. The instrument does not explain the functions attached to that designation under s 103. No other laws or interactions are identified in the supplied text, so this is not a complete account of how the Regulations relate to the broader statutory scheme.

The supplied compilation table records one instrument: the Water Agencies (Powers) (Infringements) Regulations 2026, published as SL 2026/136 on 24 June 2026. It states that regulations 1 and 2 commenced on 24 June 2026, under reg 2(a), and that the remaining regulations commenced on 25 June 2026, under reg 2(b). Regulation 1 is the citation provision and reg 2 is the commencement provision. The table therefore records a split commencement: the citation and commencement provisions took effect on publication, while the substantive remainder took effect the following day.

The material provided does not list amendments to the 2026 Regulations, earlier versions of infringement regulations, or amendments to the Water Agencies (Powers) Act 1984 or the Water Agencies (Water Use) By-laws 2010. It is a compilation of the 2026 instrument, and its compilation table records the instrument’s publication and commencement rather than a broader legislative history. The absence of other entries in this supplied table does not establish that the Act, By-laws or related instruments have no amendment history.

The instrument includes a note that the compilation table indicates when provisions came into operation. Its defined-terms list is expressly described as not forming part of the law; it lists “domestic bore water” and “water corporation” as terms defined in reg 3. The copyright and licence statement at the end of the text concerns use of the published work and is not an amendment-history entry.

For a complete amendment chronology, the relevant current and historical versions of the Act, By-laws and Regulations would need to be checked separately. The source provided supports the commencement dates above, but not a broader account of legislative development or the policy reasons for making the instrument.

The supplied instrument contains no reported judgments, tribunal decisions, case names, litigation summaries or references to court findings. On this source alone, no litigation history can be described. That is a limit of the material provided, not evidence that no disputes or proceedings have occurred.

The text does contemplate possible court involvement in an individual matter. Form 1 says that if the modified penalty is not paid, a prosecution notice may be issued, in which case the matter will be dealt with by a court. It also says that, where the modified penalty is referred for recovery by the Fines Enforcement Registry, the person will be given an opportunity to elect to have a prosecution notice dealt with by a court. These statements describe the form’s account of possible procedure; they do not report that any case has actually been filed or decided.

Form 2 also provides two alternative statements about the effect of withdrawing a notice: “no further action will be taken” or “a summons will be issued”. The form instructs that the inapplicable alternative is to be deleted. This confirms that withdrawal and a summons are contemplated in the prescribed form, but it does not establish how often either occurs or how a court has interpreted the process.

A litigation analysis would require sources beyond the Regulations, such as judgments or other records of proceedings, and the relevant provisions of s 103 and by-law 4(2). No such sources are included here. Accordingly, this section can identify the court pathways contemplated by Form 1, but cannot assess judicial interpretation, disputed issues, outcomes or trends.

The first interpretive point is that the Regulations prescribe an infringement process for a specific offence, not for every offence under the Act or the 2010 By-laws. Regulation 4 identifies only an offence under by-law 4(2). Form 1 describes it as use of domestic bore water contrary to the applicable stage of restrictions. The instrument does not extend this notice route to other offences.

Second, the $100 amount is expressly the “modified penalty” (reg 5). The Regulations do not say that $100 is the maximum court penalty, or that it captures any later enforcement charges. Form 1 separately refers to possible administrative charges, an additional enforcement fee, and enforcement measures if the matter goes to the Fines Enforcement Registry. The amount and legal basis of those additional charges are not provided.

Third, the roles must not be conflated. A person listed as a prescribed person under reg 6(1) is not, on that basis alone, shown by this text to be authorised to issue a notice. Regulation 6(2) separately requires qualifying employment and authorisation by the CEO. Regulation 6(3) identifies a designated person for a separate purpose. Form 3 is the prescribed certificate of authorisation, but the instrument does not explain how a recipient may verify a particular issuer’s status.

Fourth, Form 1 says the 21-day period runs from when the notice is “given”, while the form does not define how or when a notice is given. It permits an application for an extension where payment within 21 days is not possible, but gives no decision criteria. The detailed rules may be in s 103 or other applicable provisions, which are not reproduced.

Finally, the form contains practical directions, including a payment destination with “[insert address]” and a statement about payment after the due date. The Regulations do not explain how to resolve a form with an incomplete address field or detail the final-demand process.

The Regulations establish formal requirements and describe a process; they do not provide a complete compliance manual. For an alleged by-law 4(2) offence, Form 1 identifies the allegation as use of domestic bore water contrary to the applicable restriction stage. The underlying restriction and definition of domestic bore water are in the 2010 By-laws, which are not reproduced here. The specific facts, restriction stage and full by-law wording therefore matter when assessing what the notice alleges.

For the notice process, the prescribed form calls for the alleged location and date, recipient details, notice number, issue information and the authorised person’s signature. Regulation 7(1) requires the infringement notice to be in Schedule 1 Form 1. A notice withdrawing an infringement notice is to use Form 2, and a certificate for the purposes of s 103(11) is to use Form 3 (reg 7(2)-(3)). The form fields provide a practical way to identify information appearing on the notice, but the instrument does not say that every defect has a particular legal consequence.

Form 1 states a 21-day period after the notice is given for payment of the $100 modified penalty. It also describes the possibility of applying to the Department for an extension if payment within that period is not possible. It then outlines possible prosecution or Fines Enforcement Registry processes if payment is not made. The underlying rules and any applicable time-calculation provisions are outside the supplied text.

For an organisation administering notices, the instrument identifies role boundaries: only a person meeting reg 6(2) is an authorised person for this offence, and reg 8 makes unauthorised alteration of an infringement notice an offence carrying a $200 fine. The source does not supply internal recordkeeping, training or review procedures. This is general legal information, not legal advice; Zoe can make mistakes. Before acting on or relying on it, a qualified Australian lawyer should check it.