Water Management (General) Regulation 2018
Division 4 Defences for metering offences
239 Commencement of Division
This Division commences on 1 April 2019.
In this Division—faulty, in relation to metering equipment, means metering equipment that is not operating properly or is not operating.metered work means a water management work in connection with which metering equipment has been installed.
241 Reporting faulty metering equipment
For the purposes of section 91IA(b) of the Act, notice that metering equipment is faulty is to be given to the Minister in the approved form and manner and is to contain the following particulars—(a) the person’s name and contact details,(b) the type and location of the metered work,(c) any relevant approval or access licence numbers,(d) the purposes for which the water taken from the metered work is used,(e) a description of the method to be used to determine the quantity of water taken while the metering equipment is faulty.
242 Records to be kept when metering equipment faulty
(1) For the purposes of section 91I(3) of the Act, a person who takes water by means of a metered work while its metering equipment is faulty must comply with this clause.(2) The person must record the following information—(a) the purposes for which the water taken from the metered work is used,(b) if a pump is being used to take water, the size of the pump, the maximum extraction rate of the pump and the dates and times during which the pump is operating,(c) if the water taken from the metered work is being used for irrigation, the area of land that is irrigated with the water,(d) the last available reading of the metering equipment before it became faulty and the first available reading after it is repaired,(e) any other information that the Minister, by notice in writing to the person, directs the person to record.(3) The information must be recorded in the approved form and manner.(4) The person must, if directed to do so by the Minister, use an alternative means specified by the Minister to determine the quantity of water taken and must record that information in the approved form and manner.(5) The person must—(a) give a copy of the records required to be made under this clause to the Minister in the approved manner not later than 28 days after the metering equipment is repaired, and(b) keep the records for a period of not less than 5 years.
243 Repairs to faulty metering equipment
(1) For the purposes of section 91I(3) of the Act, a person who takes water by means of a metered work while its metering equipment is faulty must comply with this clause.(2) The person must repair the metering equipment, or cause it to be repaired, within 21 days of becoming aware that the metering equipment is faulty or within any further period permitted under this clause.(3) If the person becomes aware that the equipment cannot be repaired within that period, the person must notify the Minister in the approved form and manner and seek an extension of the period for repairs to be carried out.(4) An application for an extension must set out the reasons why the repair is not able to be carried out within the specified period and the date by which it is proposed to be repaired.(5) The Minister may, by notice in writing given to the person, extend the period for repairs by the period specified in the notice.(6) A person may make more than 1 application to extend the repair period.(7) The person must give the following information to the Minister in the approved form and manner not later than 28 days after the faulty metering equipment is repaired—(a) the date the metering equipment was repaired,(b) a description of any repairs,(c) evidence that the metering equipment has been repaired (which may include a statement from the person who repaired it),(d) the name of the person who repaired it.