This legislation has been repealed.
Supply of water not compulsory68. Supply of water not compulsory (1) Subject to sub-section (2) but despite anything else contained in this Act or in any agreement it shall not be compulsory on the Board to supply or to continue to supply any water to any person whomsoever, and the Board shall not be liable to any penalty or damages for not supplying water to any person if the want of such supply arises from unusual drought or other unavoidable cause or accident. (2) The Board must supply or continue to supply water to- (a) a retail licensee to the extent necessary to enable it to perform its functions or exercise its powers under its licence; (b) the holder of a bulk entitlement to water in the Board's works granted in accordance with the provisions of Division 1 of Part 4 of the Water Act 1989; (c) any other person or class of person prescribed for the purposes of this section by regulations made by the Governor in Council. (3) Despite any provision to the contrary made by or under this or any other Act, the terms and conditions on which water is supplied as mentioned in sub-section (2) are as agreed between the Board and the retail licensee, bulk entitlement holder or other person or, in default of agreement, as determined by the Office of the Regulator-General. (4) The Board may reduce or restrict the quantity of water supplied to any person as mentioned in sub-section (2) if- (a) the Board 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 (b) the Board believes that the reduction or restriction is necessary to avoid future water shortages. (5) The Board must reduce the supply of water under sub-section (4) 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. (6) If the Board reduces or restricts the supply of water to a person under sub-section (4), it is not liable to any claim or demand in respect of the reduction or restriction.