Authority may reduce, restrict or discontinue water supply
141 Authority may reduce, restrict or discontinue water supply
An Authority may reduce or restrict the quantity of water supplied to any person, or discontinue the supply of water to any person, if—
the Authority is, because of a shortage of water or for any other unavoidable cause, unable to supply the quantity of water which would otherwise be supplied to the person; or
the Authority reasonably believes that the reduction, restriction or discontinuance is necessary—
to avoid future water shortages; or
because there is insufficient capacity in the distribution works of the Authority for the Authority to meet its obligations under the Act to supply and deliver water to the person; or
the quality of water available for supply does not meet the standards for its intended authorised use; or
any private works for the supply of water to the person—
are, in the opinion of the Authority, inadequate or not properly constructed or maintained and a notice to repair has been issued under section 150 and not complied with by the time specified or allowed under that section; or
do not, in the opinion of the Authority, comply with the regulations; or
the person has contravened this Act, the regulations or the Authority's by-laws in relation to the misuse of water supplied to the person by the Authority; or
the person has contravened this Act, the regulations or the Authority's by-laws in relation to the taking of water; or
S. 141(1)(g) amended by No. 24/2013 s. 28.
the person has refused entry to an authorised water officer, or an officer of an Authority, who intended to exercise powers conferred by or under this Act to investigate any suspected contravention referred to in paragraph (e) or (f); or
the person has refused or failed to pay any money due to the Authority for the supply or delivery of water to the person.
An Authority must reduce the supply of water under subsection (1)(a) or (b) to all persons in the same proportion unless the Minister is of the opinion that the circumstances are so extreme as to justify some other basis.
S. 141(2A) inserted by No. 17/2012 s. 22(1).
Despite subsection (1), an Authority must not discontinue the supply of drinking water to a person merely because the person has refused or failed to pay any money due to the Authority.
An Authority that reduces, restricts or discontinues the supply of water to a person may reduce or waive any amount of money payable to it for the supply of water to the person.
(4) An Authority that restricts or discontinues the supply of water to a person under subsection (1)(d), (e), (f), (g) or (h) may charge a fee for removing the restriction or recommencing that supply.
An Authority may reduce or restrict the quantity of water supplied to a person or discontinue the supply of water to a person under subsection (1)(d), (e), (f), (g) or (h) if it decides that the required circumstances exist, whether or not it has been proved to the satisfaction of a court that those circumstances do exist.
A person may apply to the Tribunal for review of the Authority's decision to discontinue the supply of water to the person under subsection (1)(e) or (f).
An application for review must be made within 28 days after the later of—
the day on which the decision is made;
if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
A person is not entitled to any compensation under section 155 for anything done by an Authority under this section.
S. 141(9) inserted by No. 17/2012 s. 22(2).
In this section drinking water has the same meaning as in the Safe Drinking Water Act 2003.
S. 141A inserted by No. 85/2006 s. 57.
This provision refers to the regulations (the regulations
). Made under this Act:
- Water (Drillers' Licences) Regulations 2022 · under section 324
- Water (General) Regulations 2021 · under sections 119 and 324
- Water (Infringements) Regulations 2020 · under section 324
4 more instruments made under this Act are listed on the Act’s overview.
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