66 Exposure of underground pipes
A person must not, by opening any ground, expose a licensed network operator’s water industry infrastructure:(a) without lawful excuse, or(b) without having given the network operator at least 2 days’ written notice of intention to open the ground.Maximum penalty: 100 penalty units (in the case of a corporation) and 20 penalty units (in any other case).
67 Interference with water industry infrastructure
A person must not interfere with a licensed network operator’s water industry infrastructure unless authorised to do so by the network operator.Maximum penalty: 200 penalty units (in the case of a corporation) and 50 penalty units (in any other case).
A person must not alter or otherwise interfere with a meter that is connected to a licensed network operator’s water main or sewer main, or to any seal attached to such a meter, unless authorised to do so by the network operator.Maximum penalty: 200 penalty units (in the case of a corporation) and 50 penalty units (in any other case).
A person must not connect any pipe or fitting to a licensed network operator’s water main or sewer main unless authorised to do so by the network operator.Maximum penalty: 200 penalty units (in the case of a corporation) and 50 penalty units (in any other case).
70 Unauthorised increase in capacity of connections
A person must not increase the capacity of an existing connection to a licensed network operator’s water main or sewer main unless authorised to do so by the network operator.Maximum penalty: 200 penalty units (in the case of a corporation) and 50 penalty units (in any other case).
71 Offence to discharge into drains and sewers
A person must not discharge any substance into a licensed network operator’s stormwater drain or sewer main unless authorised to do so under an arrangement with the network operator or a licensed retail supplier.Maximum penalty: 100 penalty units (or 200 penalty units in the case of a corporation).
Note. An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 97.
A person must not take, waste, divert, consume or use any water conveyed by a licensed network operator’s water infrastructure unless authorised to do so under an arrangement with the network operator or a licensed retail supplier.Maximum penalty: 200 penalty units (in the case of a corporation) and 50 penalty units (in any other case).
73 Unlicensed plumbing and drainage work
(1) A person must not do any kind of plumbing work intended for direct or indirect connection with a licensed network operator’s water main, or any kind of drainage work intended for direct or indirect connection to a licensed network operator’s sewer main, unless the person:(a) holds an endorsed contractor licence or a supervisor certificate in force under the Home Building Act 1989 authorising the holder to do that kind of work, or(b) does the work under the immediate supervision of the holder of a licence or certificate referred to in paragraph (a), or(c) holds a tradesperson certificate in force under the Home Building Act 1989 authorising the holder to do that work under supervision and does that work under the general supervision of the holder of a licence or certificate referred to in paragraph (a).Maximum penalty: 100 penalty units.
(2) The regulations may make provision for or with respect to any plumbing work or drainage work, including the standards for and supervision of any such work and the grant of permission by a licensed network operator for the performance of any such work.(3) If any standard or other requirement with respect to such work is inconsistent with any requirement imposed by the Plumbing and Drainage Act 2011 or the regulations under that Act with respect to the work, that Act and any regulations under that Act prevail to the extent of the inconsistency.Note. The Plumbing and Drainage Act 2011 sets out the standards and other requirements for work that is plumbing and drainage work within the meaning of that Act.
Division 2 Powers of inspectors
(1) The Minister may appoint inspectors for the purposes of this Act or of any specified provision of this Act.(2) Each inspector must be issued with an identity certificate containing the following:(a) the name of the inspector,(b) a passport-style photograph of the inspector’s face,(c) a statement to the effect that the inspector is authorised to enter premises for the purpose of this Act.(3) Subject to any conditions to which his or her appointment as an inspector is subject, an inspector may, during normal business hours, enter any premises for the purpose of ascertaining whether an offence against this Act or the regulations, or a contravention of the conditions of a licence, has been committed.(4) On request by any person who appears to be in occupation of the premises, an inspector must produce his or her identity certificate for inspection.Maximum penalty: 10 penalty units.
(5) This section does not authorise an inspector to enter such part of a building as is being used for residential purposes except with the consent of the occupier or under the authority of a warrant of entry.
(1) Before an inspector exercises a power of entry under this Division, the inspector must give the owner or occupier of the land written notice of the intention to enter the land.(2) The notice must specify the day on which the inspector intends to enter the land and must be given before that day.(3) This section does not require notice to be given:(a) if entry to the land is made with the consent of the owner or occupier of the land, or(b) if entry is required in an emergency.
(1) Reasonable force may be used for the purpose of gaining entry to any land (other than such part of a building as is being used for residential purposes) under a power conferred by this Division, but only if authorised by the Minister in accordance with this section.(2) The authority:(a) must be in writing, and(b) must be given in respect of the particular entry concerned, and(c) must specify the circumstances that must exist before force may be used.
77 Notification of use of force or urgent entry
(1) An inspector:(a) who uses force for the purpose of gaining entry to land, or(b) who enters land in an emergency without giving written notice to the owner or occupier of the land,must promptly advise the Minister of that fact.(2) The Minister must give notice of the entry to such persons or authorities as appear to the Minister to be appropriate in the circumstances.
(1) In the exercise of a power under this Division, an inspector must do as little damage as possible.(2) As far as practicable, entry onto fenced land is to be made through an existing opening in the enclosing fence or, if entry through an existing opening is not practicable, through a new opening.(3) Any new opening is to be properly closed when the need for entry ceases.(4) If, in the exercise of a power under this Division, any pit, trench, hole or bore is made, the inspector:(a) must fence it, and keep it securely fenced, so long as it remains open or not sloped down, and(b) must, without unnecessary delay, close it, fill it or slope it down.
An inspector must pay compensation to the owner of any land in respect of which a power has been exercised under this Division for any loss or damage arising from the exercise of the power, but is not so liable to the extent to which the loss or damage arises from work done for the purposes of an inspection that reveals that the owner has contravened this Act or the regulations.
(1) An inspector may apply to an authorised officer for a warrant of entry if of the opinion that it is necessary for an inspector to enter and inspect any land (including any building used for residential purposes) for the purposes of this Act.(2) An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a warrant of entry authorising an inspector named in the warrant to enter and inspect the land for the purposes of this Act.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a warrant of entry under this section in the same way as it applies to a search warrant under that Act.(4) In this section, authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.
A person must not:(a) prevent an inspector from exercising the inspector’s functions under this Act, or(b) hinder or obstruct an inspector in the exercise of any such function, or(c) impersonate an inspector.Maximum penalty: 200 penalty units (in the case of a corporation) and 50 penalty units (in any other case).
(1) An authorised official may serve a penalty notice on a person if it appears to the official that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the time and to the person specified in the notice, the penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice may be served personally or by post.(4) If the amount of the penalty prescribed for the alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section is not an admission of liability for the purposes of, and does not affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The regulations:(a) may prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) may prescribe the amount of penalty for the offence if dealt with under this section, and(c) may prescribe different amounts of penalty for different offences or classes of offences.(7) The amount of penalty prescribed under this section for an offence may not exceed the maximum amount of penalty that could be imposed for the offence by a court.(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings which may be taken in respect of offences.(9) In this section, authorised official means a person appointed in writing by the Minister as an authorised official for the purposes of this section.
83 Court may order disconnection and discontinuance of water supply
(1) A court that finds a person guilty of an offence under section 66–72 may make either or both of the following orders:(a) an order that the premises to which the offence relates be disconnected from the water mains of the licensed network operator concerned,(b) an order that the supply of water to those premises be restricted or discontinued.(2) An order under this section has effect regardless of the provisions of any contract or other arrangement.
84 Court may order payment for stolen water
(1) A court that finds a person guilty of an offence under section 72 of unlawfully causing water to be taken, wasted, diverted, consumed or used may make an order directing the person to pay to the licensed network operator or licensed retail supplier concerned such amount as the court considers appropriate for the water so taken, wasted, diverted, consumed or used.(2) Such an order:(a) may be made by a court on its own motion, or on the application of the network operator or retail supplier, at any time within 6 months after the date of the finding, and(b) if made by the Local Court, may be enforced in the Local Court in its exercise of jurisdiction under Part 3 of the Local Court Act 2007.(3) Part 8 of the Civil Procedure Act 2005 applies to and in respect of an order under this section that is made by the Local Court as if:(a) the order were a judgment of the Local Court in civil proceedings, and(b) the amount ordered to be paid were a judgment debt, and(c) the person against whom the order is made were a judgment debtor, and(d) the person in whose favour the order is made were a judgment creditor.(4) The remedy provided by this section is an alternative to any other remedy that may be available apart from this section.