Power to require the use of devices to reduce flow
60 Power to require the use of devices to reduce flow
If a water industry entity believes on reasonable grounds that action under this section is justified in the circumstances to supply water during periods of high demand, the entity may serve notice under this section on the owner or occupier of land that is connected to water infrastructure operated by the entity.
The notice may direct the owner or occupier—
to install (at his or her expense) a flow reducing device of the kind specified in the notice at the point specified in the notice (including at a point on the customer's side of any connection point) to enable the flow in the pipes on the land that are connected to the infrastructure to be reduced;
and
to use the device to reduce flow in those pipes during the periods specified in the notice.
The notice must specify a reasonable period for compliance with the requirements of the notice referred to in subsection (2)(a).
A person who fails to comply with a notice under this section is guilty of an offence. Maximum penalty: Maximum penalty:
where the offender is a body corporate—$10 000;
where the offender is a natural person—$5 000.
If the requirements of a notice under this section are not complied with, the water industry entity may install a flow reducing device to reduce the flow in the pipes on the relevant land notwithstanding that this reduction in flow will operate continuously instead of during the periods specified in the notice.
The reasonable costs and expenses incurred by a water industry entity in taking action under subsection (5) may be recovered by the water industry entity as a debt from the person who failed to comply with the requirements of the notice.
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