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Water Supply (Safety and Reliability) Act 2008
sec.41Restricting water supply
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### sec.41 Restricting water supply
If a water service provider considers it necessary, the water service provider may restrict—
the volume of water taken by or supplied to a customer or type of customer; or
the hours when water may be used on premises for stated purposes; or
the way water may be used on premises.
The water service provider may impose a restriction under subsection (1) (a service provider water restriction ) only if—
there is an urgent need for the service provider water restriction; or
the available water supply has fallen to a level at which unrestricted use of the water is not in the public interest; or
the service provider has a reasonable and comprehensive strategy for demand management for water and the restriction is essential to ensure the aims of the strategy are met; or
the Minister has published a notice under the Water Act , section 25B , or a regulation has been made under the Water Act , section 25F , and the restriction is for the purposes of the notice or regulation; or
the water service provider is directed, under a water supply emergency declaration, a water supply emergency regulation or an approved water supply emergency response, to impose the restriction; or
the water service provider is directed by the regulator, under section 42 (2) , to impose the restriction.
A water service provider may apply a restriction imposed under subsection (1) to water taken from a rainwater tank connected to the service provider’s reticulated supply.
However, a restriction imposed under subsection (1) must be consistent with conditions contained in the service provider’s resource operations licence, interim resource operations licence, water licence or water allocation, relating to the supply of the water.
A restriction may provide an exemption from all or part of the restriction.
In this section, the power to restrict includes the power to prohibit.
s 41 amd 2010 No. 20 s 120 ; 2012 No. 39 s 89 ; 2014 No. 16 s 101 sch 1 ; 2020 No. 14 s 215
(sec.41-ssec.1) If a water service provider considers it necessary, the water service provider may restrict— the volume of water taken by or supplied to a customer or type of customer; or the hours when water may be used on premises for stated purposes; or the way water may be used on premises.
(sec.41-ssec.2) The water service provider may impose a restriction under subsection (1) (a service provider water restriction ) only if— there is an urgent need for the service provider water restriction; or the available water supply has fallen to a level at which unrestricted use of the water is not in the public interest; or the service provider has a reasonable and comprehensive strategy for demand management for water and the restriction is essential to ensure the aims of the strategy are met; or the Minister has published a notice under the Water Act , section 25B , or a regulation has been made under the Water Act , section 25F , and the restriction is for the purposes of the notice or regulation; or the water service provider is directed, under a water supply emergency declaration, a water supply emergency regulation or an approved water supply emergency response, to impose the restriction; or the water service provider is directed by the regulator, under section 42 (2) , to impose the restriction.
(sec.41-ssec.3) A water service provider may apply a restriction imposed under subsection (1) to water taken from a rainwater tank connected to the service provider’s reticulated supply.
(sec.41-ssec.4) However, a restriction imposed under subsection (1) must be consistent with conditions contained in the service provider’s resource operations licence, interim resource operations licence, water licence or water allocation, relating to the supply of the water.
(sec.41-ssec.5) A restriction may provide an exemption from all or part of the restriction.
(sec.41-ssec.6) In this section, the power to restrict includes the power to prohibit.
- (a) the volume of water taken by or supplied to a customer or type of customer; or
- (b) the hours when water may be used on premises for stated purposes; or
- (c) the way water may be used on premises.
- (a) there is an urgent need for the service provider water restriction; or
- (b) the available water supply has fallen to a level at which unrestricted use of the water is not in the public interest; or
- (c) the service provider has a reasonable and comprehensive strategy for demand management for water and the restriction is essential to ensure the aims of the strategy are met; or
- (d) the Minister has published a notice under the Water Act , section 25B , or a regulation has been made under the Water Act , section 25F , and the restriction is for the purposes of the notice or regulation; or
- (e) the water service provider is directed, under a water supply emergency declaration, a water supply emergency regulation or an approved water supply emergency response, to impose the restriction; or
- (f) the water service provider is directed by the regulator, under section 42 (2) , to impose the restriction.