Water Act 2000

If the Minister is satisfied a water supply emergency response is adequate for carrying out the measures or to achieve the outcomes stated in a water supply emergency declaration or a water supply emergency regulation, the Minister must—

approve the response; and

give the service provider notice of the approval.

If the Minister is not satisfied, the Minister must—

change the response to make it adequate; and

approve the changed response; and

give the service provider notice of the approval.

The service provider must comply with the approved water supply emergency response.Maximum penalty—1,665 penalty units.

Subsection (3) applies even if complying with the approved response would be inconsistent with the service provider’s current supply and infrastructure contractual arrangements and the current arrangements are ineffective—

to the extent of the inconsistency; and

for the period stated in the approved response.

It is a defence to a prosecution for an offence against subsection (3) to prove—

the service provider made all reasonable efforts to comply with the approved response; and

the service provider is unable to comply with the approved response because the service provider is unable to acquire, to the extent necessary to comply with the response—

the development and other approvals necessary for carrying out the measures or achieving the outcomes; or

the land on which the infrastructure is to be constructed; or

finance to carry out the measures or achieve the outcomes.