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TASAct
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s 56V

Requirement to connect or disconnect

In force
Part 4Regulation of Water and Sewerage Industry
Division 2APowers and obligations of regulated entities
Subdivision 4Connections and serviced properties

56V Requirement to connect or disconnect

A regulated entity may, by notice served on the owner or occupier of serviced land, require the owner or occupier – to connect the land to the regulated entity's water infrastructure or sewerage infrastructure for the purpose of providing that land with water services or sewerage services if, after consulting with the Director of Public Health, within the meaning of the Public Health Act 1997, the Director is of the opinion that the connection is to be made in the interests of health or safety; or to remove any existing connection between that land and the regulated entity's water infrastructure or sewerage infrastructure if – that connection has been made in contravention of section 56U or it contravenes any regulation made under this Act; or in the opinion of the regulated entity, it is necessary to do so – to protect water purity; or in the interests of health, safety or the environment; or to prevent damage to the regulated entity's water infrastructure or sewerage infrastructure; or to carry out any work that the regulated entity considers necessary for the provision of a service that is required to be provided to that land – within the time specified in the notice, or any longer time allowed by the regulated entity.

Before a regulated entity serves a notice on the owner or occupier of serviced land requiring the owner or occupier to remove any existing connection between the serviced land and the regulated entity's water infrastructure or sewerage infrastructure, the regulated entity must consult with the Director of Public Health, within the meaning of the Public Health Act 1997, to ensure that the removal of the connection is in accordance with that Act.

The owner or occupier of land who has been served with a notice under subsection (1) must comply with the notice within the time specified, or any longer time allowed by the regulated entity. Fine not exceeding 50 penalty units.

If an owner or occupier of land who has been served with a notice under subsection (1) does not comply with the notice within the time specified, or any longer time allowed by the regulated entity, the regulated entity may – do the things that the owner or occupier was required by the notice to do; and recover from the owner or occupier its reasonable costs of doing so, other than costs that are prescribed in the regulations to be the responsibility of the regulated entity.

The owner or occupier of land who has been issued with a notice under subsection (1) may apply to the Tasmanian Civil and Administrative Tribunal for a review of the decision by the regulated entity to serve the notice.

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