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Water Supply (Safety and Reliability) Act 2008
sec.270Notice of noncompliance with water quality criteria
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### sec.270 Notice of noncompliance with water quality criteria
This section applies if a scheme manager, a recycled water provider or other declared entity, for a recycled water scheme (the alerting entity ) becomes aware that the quality of recycled water produced or supplied under the recycled water scheme for the entity does not comply with the water quality criteria for the recycled water relevant to the scheme.
The alerting entity must, unless the entity has a reasonable excuse, immediately inform each of the following of the noncompliance and the circumstances that gave rise to the noncompliance—
the regulator;
if another entity is the responsible entity for the noncompliance—the responsible entity.
Maximum penalty—1,665 penalty units.
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.
Subsection (4) applies—
if the alerting entity is also the responsible entity for the noncompliance—as soon as practicable after the noncompliance; or
otherwise—as soon as practicable after the alerting entity informs the responsible entity under subsection (2) .
The responsible entity for the noncompliance must, unless the entity has a reasonable excuse, give the regulator notice of the following in the approved form—
the noncompliance and the circumstances that gave rise to the noncompliance;
any action taken, or to be taken, by the entity to correct the noncompliance;
the measures the entity will take to prevent the noncompliance in the future.
Maximum penalty—200 penalty units.
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.
In this section—
responsible entity , for a noncompliance, means the scheme manager, recycled water provider or other declared entity, for a recycled water scheme that is responsible for taking any action to correct the noncompliance.
s 270 sub 2010 No. 20 s 141
amd 2013 No. 51 s 229 sch 1
(sec.270-ssec.1) This section applies if a scheme manager, a recycled water provider or other declared entity, for a recycled water scheme (the alerting entity ) becomes aware that the quality of recycled water produced or supplied under the recycled water scheme for the entity does not comply with the water quality criteria for the recycled water relevant to the scheme.
(sec.270-ssec.2) The alerting entity must, unless the entity has a reasonable excuse, immediately inform each of the following of the noncompliance and the circumstances that gave rise to the noncompliance— the regulator; if another entity is the responsible entity for the noncompliance—the responsible entity. Maximum penalty—1,665 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.
(sec.270-ssec.3) Subsection (4) applies— if the alerting entity is also the responsible entity for the noncompliance—as soon as practicable after the noncompliance; or otherwise—as soon as practicable after the alerting entity informs the responsible entity under subsection (2) .
(sec.270-ssec.4) The responsible entity for the noncompliance must, unless the entity has a reasonable excuse, give the regulator notice of the following in the approved form— the noncompliance and the circumstances that gave rise to the noncompliance; any action taken, or to be taken, by the entity to correct the noncompliance; the measures the entity will take to prevent the noncompliance in the future. Maximum penalty—200 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.
(sec.270-ssec.5) In this section— responsible entity , for a noncompliance, means the scheme manager, recycled water provider or other declared entity, for a recycled water scheme that is responsible for taking any action to correct the noncompliance.
- (a) the regulator;
- (b) if another entity is the responsible entity for the noncompliance—the responsible entity.
- (a) if the alerting entity is also the responsible entity for the noncompliance—as soon as practicable after the noncompliance; or
- (b) otherwise—as soon as practicable after the alerting entity informs the responsible entity under subsection (2) .
- (a) the noncompliance and the circumstances that gave rise to the noncompliance;
- (b) any action taken, or to be taken, by the entity to correct the noncompliance;
- (c) the measures the entity will take to prevent the noncompliance in the future.