Water Management (General) Regulation 2018
Division 3 Water supply
Subdivision 1 Preliminary
This Division applies to and in respect of water supplied by the following water supply authorities—(a) Essential Energy,(b) Central Coast Council,(c) Cobar Water Board,(d) Water NSW,(e) the Sydney Olympic Park Authority.
Subdivision 2 Water services
123 Installation and maintenance of water service by owner
(1) An owner of land to which a water main is connected or available for connection must ensure that—(a) the installation of any water service, and the connection of any such water service to the water supply authority’s system, are done by the holder of a plumbing permit, and(b) any such water service complies with the Plumbing Code of Australia, and is kept in good order and condition and free from blockages or leakages.Maximum penalty—20 penalty units.(2) In subclause (1), plumbing permit, in relation to a water supply authority, means—(a) a permit issued by the water supply authority under Subdivision 3 of Division 5, or(b) in the case of Central Coast Council, an approval to carry out water supply work under Part 1 of Chapter 7 of the Local Government Act 1993.(3) This clause applies only in relation to work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.Note.Section 7 of the Plumbing and Drainage Act 2011 provides that plumbing and drainage work to which that Act applies must be code compliant under that Act. That Act requires the work to comply with the Plumbing Code of Australia and any other standards or requirements prescribed by the regulations under that Act.
124 Water service not to be shared
(1) A person must not operate or use a shared water service without the consent of a water supply authority.Maximum penalty—20 penalty units.(2) In this clause, means a water service that extends over, or supplies water to, 2 or more separately owned parcels of land.(3) For the purposes of subclause (2), the separate lots in a strata scheme under the Strata Schemes Development Act 2015 are taken to constitute a single parcel of land.
125 Fire-fighting services
(1) A person must not—(a) install or maintain a fire-fighting service that does not comply with the Plumbing Code of Australia, or(b) fail to comply with any direction given by a water supply authority as to the way in which the person must comply with the Plumbing Code of Australia in relation to a fire-fighting service.Maximum penalty—20 penalty units.(2) A person must not use a fire-fighting service otherwise than for the following purposes—(a) the purpose of controlling or extinguishing a fire,(b) some other purpose approved by the relevant water supply authority.Maximum penalty—20 penalty units.(3) In this clause, fire-fighting service means such parts of a water service as are designed to be used for controlling and extinguishing fires.
126 Misuse and waste of water
(1) A person must not—(a) cause or allow a plumbing fitting to be used, or(b) cause or allow a plumbing fitting to be out of repair, orso as to waste water supplied by a water supply authority.(c) cause or allow anything else to be done,(2) A person must not cause or allow water supplied by a water supply authority to be used for the purpose of diluting anything whose discharge into a sewerage system requires a discharge approval under Subdivision 3 of Division 4.(3) A person must not cause or allow anything to be done so as to contaminate water within a water supply authority’s water supply system.Maximum penalty—20 penalty units.
127 Water to be taken through approved stoptaps
Except with the consent of the relevant water supply authority, a person must not take water from a water main otherwise than by means of a water supply service pipe that is connected to the water main by means of a stoptap approved by the water supply authority.Maximum penalty—20 penalty units.
128 Information regarding supply
(1) A water supply authority may direct an owner or occupier of land to furnish it with such information in that person’s knowledge as is necessary to enable the water supply authority to assess the quantity of water supplied to the land.(2) It is an offence for a person to fail to comply with a direction under this clause.Maximum penalty—10 penalty units.
129 Consents may be conditional, and may be varied and revoked
A consent given by a water supply authority for the purposes of this Subdivision is to be in writing, may be given unconditionally or subject to conditions and may be varied or revoked by the water supply authority (by written notice served on the holder of the consent) at any time and for any reason.
Subdivision 3 Meters
130 Measurement of water supply
(1) The supply of water from a water main to any land is to be measured by means of a meter provided by, or in some other manner approved by, the relevant water supply authority.(2) In the absence of evidence to the contrary, the quantity of water supplied from a water supply system is taken to be the quantity registered by such a meter.
131 Property in meters
Any meter or plumbing fitting provided by a water supply authority, and connected to or forming part of a water supply service pipe, remains the property of the water supply authority.
132 Access to meters
If a meter for any land is so installed or located that it cannot be conveniently read or examined, the owner of the land—(a) must cause the meter to be re-positioned, orin accordance with the directions of the relevant water supply authority.(b) must take such other action as is necessary to enable the meter to be conveniently read or examined,Maximum penalty—10 penalty units.
133 Care of meters
(1) An occupier of land, or an owner of unoccupied land, must keep protected from damage any meter and meter fittings that are connected to or form part of a water supply service pipe for the land.Maximum penalty—10 penalty units.(2) An occupier of land, or an owner of unoccupied land, is liable to a water supply authority for the cost of repairing any damage caused to a meter by a failure to comply with subclause (1).
134 Discontinuance of use of meters
An occupier of land, or an owner of unoccupied land, who intends to discontinue the use of a meter provided by a water supply authority must give it at least 14 days written notice of that fact.Maximum penalty—10 penalty units.
135 Testing of meters
(1) An owner or an occupier of land for which a meter has been installed may apply to the relevant water supply authority to have the meter tested.(2) An application to have a meter tested must be in a form approved by the water supply authority.(3) If, on being tested, a meter registers less than 3% above the quantity of water passed through it, the person who required the test must pay such fee as the water supply authority determines for the expenses of the test.(4) If, on being tested, a meter registers 3% or more above the quantity of water passed through it—(a) an adjustment proportionate to the percentage of error is to be made in the reading objected to and in any further reading up to the time of removal of the meter, and(b) the water supply authority is to bear the expenses of the test.(5) No adjustment is to be made if a meter registers within 3% of the quantity of water passed through it.(6) If, at any reading, a meter is registering inaccurately or has ceased to register, the water supply authority is entitled to adjust the charge for water supplied during the period to which the reading relates on the basis of a daily consumption equal to the average daily consumption during a corresponding previous period.(7) If there was no reading for a corresponding previous period, or if the water supply authority is of the opinion that an adjustment on the basis of such a period would not be reasonable, it may assess the quantity of water used or may adjust the charge on such other basis as may be mutually agreed on between it and the consumer.
136 Installation of meters
(1) A water supply authority may install, and may charge hire for—(a) meters for measuring the quantity of water supplied, and(b) pipes and apparatus for the conveyance, reception and storage of water.(2) Alternatively, a water supply authority may require a person requiring a supply of water—(a) to install the appropriate meters, pipes or apparatus in accordance with its requirements, and(b) to maintain them in good working order.(3) A meter that is installed for measuring the quantity of water supplied to land is to be installed on the water supply service pipe for the land, at a point that, in the opinion of the water supply authority, is as near as practical to the boundary of the land.
Subdivision 4 Fire hydrants
137 Installation of fire hydrants
(1) A water supply authority must install fire hydrants in its water mains at such convenient distances, and at such places, as are necessary for the ready supply of water to control and extinguish fires.(2) Subclause (1) does not apply—(a) so as to require fire hydrants to be installed in any water main that is less than 100 millimetres in diameter, orin which case the water supply authority may provide other means for the ready supply of water to control and extinguish fires.(b) so as to require fire hydrants to be installed if the water supply system is not sufficient for the operation of fire hydrants,(3) A water supply authority may, at the request and expense of the owner or occupier of any building, install a fire hydrant for use for controlling or extinguishing fires in or in the vicinity of the building.(4) A water supply authority may remove any fire hydrant referred to in subclause (1) if it is satisfied on reasonable grounds that the hydrant is no longer needed.
138 Maintenance of fire hydrants
A water supply authority must ensure that all fire hydrants installed by it are maintained in effective working order.
139 Supply of water to fire hydrants
(1) A water supply authority must at all times keep charged with water any water main or pipe supplying water to a fire hydrant installed by it, unless prevented from doing so—(a) by drought or other emergency, or(b) while necessary repairs to the water main, pipe or hydrant are being carried out.(2) A water supply authority is not required to comply with subclause (1) in respect of a pipe supplying water to a fire hydrant if—(a) the pipe is a water transfer pipe that is not in continuous operation, and(b) the water supply authority has given notice in writing to the relevant fire authority for the location concerned of the fact that the fire hydrant might not be operable because the pipe supplying water to the fire hydrant is not in continuous operation.(3) In this clause, the for a location is—(a) in the case of a location within a fire district constituted under the Fire Brigades Act 1989—the Commissioner of Fire and Rescue NSW, or(b) in the case of a location within a rural fire district constituted under the Rural Fires Act 1997—the Commissioner of the NSW Rural Fire Service.
140 Use of fire hydrants by authorised persons
Any person authorised to do so by the water supply authority may take water from a fire hydrant, without charge, for the purpose of controlling or extinguishing fires.
Subdivision 5 Water restrictions
141 Restrictions on use of water during periods of shortage
(1) If a water supply authority considers it necessary to do so in order to conserve supplies of water in time of drought or other emergency, it may, by a notice under this clause, regulate or restrict any of the following—(a) the purposes for which water may be used,(b) the times when water may be used,(c) the quantities of water that may be used,(d) the means or methods by which water may be used.(2) A notice made by a water supply authority under this clause—(a) may apply to the whole of its area of operations or to such part of that area as is specified in the notice, and(b) has effect despite the provisions of any contract relating to the supply of water by the water supply authority.(3) A notice made by a water supply authority under this clause—(a) is to be published in a newspaper circulating in its area of operations, and(b) takes effect on the date specified in the notice (being a date that is not earlier than the date on which the notice is published).(4) A person must not use water contrary to a notice under this clause.Maximum penalty—20 penalty units.(5) Nothing in this clause authorises the use of water contrary to any restriction or requirement imposed under the Essential Services Act 1988.