Water and Sewerage Industry (General) Regulations 2019

Water and Sewerage Industry (General) Regulations 2019

18 June 2019

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Water and Sewerage Industry Act 2008.

These regulations may be cited as the Water and Sewerage Industry (General) Regulations 2019.

These regulations take effect on 1 July 2019.

In these regulations – Act means the Water and Sewerage Industry Act 2008.

In these regulations, a reference to a restriction of the supply of water is a reference to a restriction, by a regulated entity under section 56L of the Water and Sewerage Industry Act 2008, of the quantity of water supplied to any person.

A regulated entity may restrict the supply of water by any or all of the following means:by restricting the purposes for which the water may be used; by specifying the purposes for which the water may not be used; by restricting the days or times, or both, when the water may be used; by restricting the quantity of the water that may be used by a person, or at premises, in a specified period; by restricting the means or methods by which the water may be used.

A regulated entity may apply a restriction of the supply of water to all, or part only, of the area to which the regulated entity ordinarily supplies the water.

A regulated entity may exempt classes of persons, in whole or in part, from a restriction of the supply of water.

A regulated entity must notify the Minister in writing within 21 days after beginning to restrict the supply of water. Fine not exceeding 50 penalty units.

A notice to the Minister under subregulation (1) must specify – the details of the restriction of the supply of water; and the area to which the restriction of the supply of water is to apply; and the dates between which the restriction of the supply of water is to apply; and the class of persons, if any, exempted from the restriction of the supply of water.

After being notified under regulation 5 of a restriction of the supply of water by a regulated entity, the Minister may declare, by notice, in addition to those persons already exempted by the regulated entity under regulation 4(3) – further classes of persons who are exempted from the restriction of the supply of water; and the extent to which members of those further classes of persons are exempted from the restriction of the supply of water.

The Minister may only include in a notice under subregulation (1) a class of persons if he or she is satisfied that – it is unreasonable or unnecessary; or it would cause unreasonable or unnecessary hardship to members of the class – if the members were not exempted, in the manner specified in the notice, from the restriction of the supply of water specified in the notice.

A regulated entity is to publish in a newspaper, circulating generally in the area to which a restriction of water supplied by the entity applies, a copy of a declaration of the Minister under subregulation (1) that relates to the restriction.

A notice for the purposes of section 56L(2) of the Act in relation to a restriction of water supplied must contain the necessary details in relation to the restriction.

For the purposes of subregulation (1), the necessary details in relation to the restriction of water supplied are – a description of the restriction; and the area to which the restriction relates; and the dates between which the restriction is to have effect; and the classes of persons, if any, who are to be exempted in whole or in part from the restriction; and a statement as to how a person may apply, to the regulated entity publishing the notice, to request that a class of persons be exempted in whole or in part from the restriction.

A regulated entity that imposes a restriction of the supply of water must give the necessary notice to the public in relation to the restriction of water supplied. Fine not exceeding 50 penalty units.

For the purposes of subregulation (1), the necessary notice to the public in relation to a restriction of the supply of water consists of giving notice in accordance with at least 2 of the following paragraphs:publishing on the regulated entity's website a notice containing the necessary details of the restriction referred to in regulation 7, as added to, if at all, by any declaration under regulation 6(1) in relation to the restriction; broadcasting, by a radio transmission that transmits to the public in the area to which the restriction relates, the details of the restriction; installing signs, on the major roads in the area to which the restriction relates, specifying the dates between which, and the way in which, the restriction is to have effect.

A person must not, without reasonable excuse, contravene a necessary detail contained in accordance with regulation 7 in a notice published in accordance with section 56L(2) of the Act, as modified, if at all, by a notice published in a newspaper under regulation 6(3).

Fine not exceeding 50 penalty units.

In this Part –

average sewage rate means the average rate, as determined by the relevant entity, of sewage discharge under dry weather flows;

average water rate means the average rate, as determined by the relevant entity, of water usage;

certificate for certifiable work

has the same meaning as in section 56TA of the Act;

certificate for certifiable work

has the same meaning as in section 56TA of the Act;

equivalent tenement means an average single residential house on a standard residential lot;

final acceptance, in relation to water and sewerage assets, means the acceptance by a relevant entity, after the end of the defect liability period in relation to the water and sewerage assets, of the water and sewerage assets as being complete and without defects;

large development means – a subdivision, or a proposed subdivision, in relation to which works for the purposes of more than 10 lots are to be required; and a development, of a building to be used for commercial or industrial purposes, that a relevant entity considers to be a development in relation to which the average water rate, or average sewage rate, is likely to be greater than the average water rate, or average sewage rate, for 10 equivalent tenements;

relevant entity means the person holding a licence, or an interim licence, granted under the Act;

small development means – a subdivision, or a proposed subdivision, in relation to which works for the purposes of 10 or fewer lots are to be required; and a development, of a building to be used for commercial or industrial purposes, that a relevant entity considers to be a development in relation to which the average water rate, or average sewage rate, is likely to be greater than the average water rate, or average sewage rate, for 10 or fewer equivalent tenements;

water and sewerage assets means – sewerage infrastructure; and water infrastructure.

If a relevant entity receives from a person a request to provide to the person information in relation to a small development, or the construction of water and sewerage assets for a small development, the relevant entity is to – if the relevant entity requires further information from the person before the relevant entity provides the information to which the request relates – within 5 business days of receiving the request from the person, by notice in writing request the person to provide to the relevant entity the information specified in the notice; and within 10 business days of receiving the request from the person, provide to the person the information to which the request relates.

If a relevant entity receives from a person a request to provide to the person information in relation to a large development, or the construction of water and sewerage assets for a large development, the relevant entity is to – if the relevant entity requires further information from the person before the relevant entity provides the information to which the request relates – within 10 business days of receiving the request from the person, by notice in writing request the person to provide to the relevant entity the information specified in the notice; and within 20 business days of receiving the request from the person, provide to the person the information to which the request relates.

If a relevant entity receives a request from a person (including a planning authority) to issue the relevant entity’s consent to the sealing or registration of a plan or document that imposes or creates obligations or rights, the relevant entity is to – if the relevant entity requires further information from the person before the relevant entity may consent to the sealing or registration of the plan or document – within 5 business days of receiving the request from the person, by notice in writing request the person to provide to the relevant entity the information specified in the notice; and within 10 business days of receiving the request from the person, consent to the sealing or registration of the plan or document or refuse to consent to the sealing or registration of the plan or document.

If a relevant entity receives from a person a request for approval of the engineering design of a small development, or of water and sewerage assets, of a small development, that are to be transferred to the relevant entity, the relevant entity is to – if the relevant entity requires further information from the person before the relevant entity approves, or refuses to approve, the engineering design of the development or assets – within 5 business days of receiving the request from the person, by notice in writing request the person to provide to the relevant entity the information specified in the notice; and within 10 business days of receiving the request from the person, approve, or refuse to approve, the engineering design of the development or assets.

If a relevant entity receives from a person a request for approval of the engineering design of a large development, or of water and sewerage assets, for a large development, that are to be transferred to the relevant entity, the relevant entity is to – if the relevant entity requires further information from the person before the relevant entity approves, or refuses to approve, the engineering design of the development or assets – within 10 business days of receiving the request from the person, by notice in writing request the person to provide to the relevant entity the information specified in the notice; and within 20 business days of receiving the request from the person, approve, or refuse to approve, the engineering design of the development or assets.

If a relevant entity receives from a planning authority a request to provide to the planning authority the relevant entity’s opinion in relation to a proposed amendment, under section 56 of the Land Use Planning and Approvals Act 1993, of a permit within the meaning of that Act, the relevant entity is to – if the relevant entity requires further information from the planning authority before the relevant entity provides to the planning authority the relevant entity’s opinion in relation to the proposed amendment – within 7 business days of receiving the request from the planning authority, by notice in writing request the planning authority to provide to the relevant entity the information specified in the notice; and within 10 business days of receiving the request from the planning authority, provide, or refuse to provide, to the planning authority the relevant entity’s opinion in relation to the proposed amendment.

If a relevant entity receives from a person a request for an amendment of a certificate for certifiable work (plumbing) or of a certificate for certifiable work (building), the relevant entity is to – if the relevant entity requires information from the person before the relevant entity amends the certificate or refuses to amend the certificate – within 5 business days of receiving the request from the person, by notice in writing request the person to provide to the relevant entity the information specified in the notice; and within 10 business days of receiving the request from the person, amend the certificate or refuse to amend the certificate.

If a relevant entity receives from a person a request for a permit to construct water and sewerage assets that are to be transferred to the relevant entity, the relevant entity is to – if the relevant entity requires information from the person before the relevant entity determines the request from the person – within 5 business days of receiving the request from the person, by notice in writing request the person to provide to the relevant entity the information specified in the notice; and within 10 business days of receiving the request from the person, issue, or refuse to issue, the permit to construct.

If a relevant entity receives from a person a request to inspect, at a site, water and sewerage assets in relation to a development, the relevant entity is to – within 7 business days of receiving the request, conduct the inspection at the site; and within 5 business days of conducting the inspection, provide to the person a document indicating the decision of the relevant entity, in relation to the assets, as a result of the inspection.

If a relevant entity receives from a person a request to issue a certificate of practical completion, the relevant entity is to – if the relevant entity requires information from the person before the relevant entity determines the request – within 15 business days of receiving the request from the person, by notice in writing request the person to provide to the relevant entity the information specified in the notice; and within 15 business days of receiving the request from the person, issue, or refuse to issue, to the person a certificate of practical completion.

If a relevant entity receives from a person a request for final acceptance of all water and sewerage assets in relation to a development, all inspections of the assets have been completed and all documents that the person is required to provide to the relevant entity have been provided to the relevant entity, the relevant entity is to – if the relevant entity requires information from the person before the relevant entity determines the request from the person – within 10 business days of receiving the request from the person, by notice in writing request the person to provide to the relevant entity the information specified in the notice; and within 10 business days of receiving the request from the person, notify the person of final acceptance of, or of the relevant entity’s refusal to provide final acceptance of, the water and sewerage assets.

If a relevant entity receives from a person an application under section 56TD(3) of the Act to issue under section 56TD(4) a certificate in respect of certifiable work, the relevant entity is to – if the relevant entity requires information from the person before the relevant entity determines the application – within 10 business days of receiving the application, by notice in writing request the person to provide to the relevant entity the information specified in the notice; and within 10 business days of receiving the application, issue the certificate or refuse to issue the certificate.