Water Industry Competition Act 2006 No 104
Current version for 1 January 2014 to date (accessed 20 December 2014 at 19:39)
Part 7Division 1

Division 1 Offences

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).

68   Interference with meters

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).

69   Unauthorised connections

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.

72   Unauthorised use of water

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.
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