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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 8 January 2019 to date (accessed 27 June 2019 at 02:13)
Chapter 16 Part 3
Part 3 Water, sewerage and stormwater drainage offences
634   Water, sewerage and stormwater drainage offences
(1)  A person must not do any water supply work, sewerage work or stormwater drainage work unless the person:
(a)  is the holder of an endorsed licence or supervisor certificate in force under the Home Building Act 1989 authorising the holder to do (and to supervise) work of the kind concerned, or
(b)  is the holder of a tradesperson certificate in force under the Home Building Act 1989 authorising the holder to do that kind of work under supervision and does that work under the general supervision of the holder of a licence or certificate referred to in paragraph (a), or
(c)  does the work under the immediate supervision of a person referred to in paragraph (a).
Maximum penalty: 100 penalty units.
(2)  A person who employs (or uses the services of) another person to do any water supply work, sewerage work or stormwater drainage work is guilty of an offence if the person knows that the other person, in doing the work, contravenes subsection (1).
Maximum penalty: 100 penalty units.
(3)  Subsections (1) and (2) do not apply to or in respect of:
(a)  anything done in a part of an area that is not provided, or is not in the course of being provided, with a public water supply scheme or sewerage scheme, or
(b)  a council employee who, in the normal course of his or her duties, taps a water main, extends a water main, connects a service pipe to a water main, taps a sewer, attaches a house drain to a sewer, extends a sewer or fixes, alters or removes a council meter.
(4)  A person who, in doing any water supply work, sewerage work or stormwater drainage work, uses, connects or installs a pipe, fitting, fixture or other thing in contravention of any requirement or specification contained in the regulations or other prescribed standard for water supply works, sewerage works or stormwater drainage works is guilty of an offence.
Maximum penalty (subsection (4)): 20 penalty units.
(5)  Subsection (4) does not apply in respect of work that is plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.
Note.
 The Plumbing and Drainage Act 2011 sets out standards and other requirements for plumbing and drainage work within the meaning of that Act.
635   Damage to council property
A person who wilfully or negligently removes, damages, destroys or otherwise interferes with a pipe, lock, tap, valve, engine or other thing belonging to the council in connection with the supply of water or the provision of sewerage services or drainage is guilty of an offence.
Maximum penalty: 20 penalty units.
636   Tampering with meters and fittings
(1)  A person who wilfully or fraudulently, or by culpable negligence:
(a)  damages a meter, fitting, fixture or other thing belonging to a council in connection with the supply of water, or
(b)  alters the index of such a meter, or
(c)  prevents such a meter from duly registering the quantity of water supplied,
is guilty of an offence.
Maximum penalty: 20 penalty units.
(2)  The existence of any means for altering the index of such a meter or preventing such a meter from duly registering the quantity of water supplied is prima facie evidence that the person supplied with water through the meter has wilfully or fraudulently altered the index of the meter or prevented the meter from duly registering the quantity of water supplied.
637   Waste or misuse of water
(1)  A person who wilfully or negligently wastes or misuses water from a public water supply, or causes any such water to be wasted, is guilty of an offence.
Maximum penalty: 20 penalty units.
(2)  If an offence against this section is committed, the occupier of the premises on which the offence was committed is guilty of the offence as if the occupier were the actual offender unless the occupier proves that the waste or misuse constituting the offence:
(a)  was not reasonably within the occupier’s knowledge, and
(b)  was caused by the act of the person other than a member of the occupier’s household or other than a person employed on the premises by the occupier.
(3)  Subsection (2) does not affect the liability of the actual offender, but, if a penalty has been imposed on or recovered from any person in relation to the offence, no further penalty in respect of the offence may be imposed on or recovered from any other person.
638   Discharge of prohibited matter into sewer or drain
A person who discharges any prohibited matter (being matter prescribed by the regulations for the purposes of this section) into:
(a)  a public sewer, or
(b)  a fitting connected to a public sewer, or
(c)  a public drain, or
(d)  a gutter of a council,
is guilty of an offence.
Maximum penalty: 20 penalty units.
639   Pollution of public water supply
(1)  A person who wilfully or negligently does any act which damages or pollutes (or is likely to damage or pollute) a public water supply, or a source of that supply, is guilty of an offence.
Maximum penalty: 20 penalty units.
(2)  The occupier of premises on which a pipe or fitting supplied with water from a public water supply is directly connected to a device or fitting:
(a)  that is designed for use for the dispensing of any chemical compound capable of contaminating the water supply, and
(b)  that is a device or fitting of a type other than a type approved for such connection by the Secretary of the Department of Finance, Services and Innovation or by a person authorised by that Secretary to grant such an approval,
is guilty of an offence as if the occupier were the person who actually made the connection.
(3)  Subsection (2) does not affect the liability of the person who actually made the connection, but, if a penalty has been imposed on or recovered from any person in relation to the offence, no further penalty in respect of the offence may be imposed on or recovered from any other person.
640   Offences in catchment districts
A person who wilfully or negligently does any act in contravention of a prohibition or restriction in a notice erected in a catchment district by a council is guilty of an offence.
Maximum penalty: 20 penalty units.
641   (Repealed)