Waterworks Clauses Act 1952

If at any time the supply of water at the disposal of the undertakers is insufficient in their opinion to afford all persons entitled by contract the supplies which they may respectively be entitled to receive from the undertakers, they may, subject to section twenty-nine, deliver to such persons such amount of water as may then be at their disposal in quantities proportionately according to the quantities which such persons would, had there been sufficient water available, have respectively been entitled to receive, and such persons shall be chargeable accordingly; and in no case shall the undertakers be liable to any action, claim, demand, or other proceeding for not supplying water to any person where it has been determined by the Minister that the undertakers have been, without negligence or wilful default on their part, unable to supply such water.

If the supply of water available to the undertakers falls short at any time of the quantity necessary to supply, in accordance with the provisions for apportionment contained in subsection (1) of this section, all the claims upon them for water in sufficient quantity to be of practical service, the Governor may, whenever he is satisfied of the actual or approaching insufficiency of such supply, make orders-in-council regulating the order of priority in which, and the quantities with which, the various water districts and persons entitled to water shall be entitled to be supplied.

The undertakers may apply to the Minister in writing for a determination under subsection (1).

On receipt of an application, the Minister may inquire into the matter as if appointed by the Governor as a board of inquiry to inquire into that matter.

The Minister is to certify his or her determination and the certificate is available as a defence in any proceedings mentioned in subsection (1).