Victorian Repealed Acts

This legislation has been repealed.

Melbourne and Metropolitan Board of Works Act 1958 - SECT 68

Supply of water not compulsory

68. 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.