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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Sydney Water Amendment (Water
Restrictions) Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Sydney Water Act 1994 No 88 2
4 Amendment of other legislation 2
Schedule 1 Amendment of Sydney Water Act 1994 3
Schedule 2 Amendment of other legislation 7
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Sydney Water Amendment (Water
Restrictions) Bill 2003
Act No , 2003
An Act to amend the Sydney Water Act 1994 to make further provision with
respect to the enforcement of water restriction offences; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Sydney Water Amendment (Water Restrictions) Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Sydney Water Amendment (Water Restrictions) Act
2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Sydney Water Act 1994 No 88
The Sydney Water Act 1994 is amended as set out in Schedule 1.
4 Amendment of other legislation
The Act and regulation specified in Schedule 2 are amended as set
out in that Schedule.
Page 2
Sydney Water Amendment (Water Restrictions) Bill 2003
Amendment of Sydney Water Act 1994 Schedule 1
Schedule 1 Amendment of Sydney Water Act 1994
(Section 3)
[1] Section 48 Illegal diversion of water
Omit the penalty at the end of the section. Insert instead:
Maximum penalty: 200 penalty units (or 400 penalty units in
the case of a corporation).
[2] Section 53 Disposal of proceedings for offences
Omit "constituted by a Magistrate sitting alone" from section 53 (1) (a).
[3] Section 53 (1) (b) and (3)
Omit "Supreme Court" wherever occurring.
Insert instead "Land and Environment Court".
[4] Part 6, Division 6A
Insert after Division 6:
Division 6A Special provisions relating to water
restriction offences
53A Definitions
In this Division:
authorised person has the same meaning as in section 50.
occupier of land includes any person occupying the land
under a lease.
penalty notice means a penalty notice under section 50.
relevant time, in relation to a water restriction offence, means
the time that the offence is committed and the time
immediately after the commission of the offence.
water restriction offence means an offence of using water
contrary to a notice by the Minister under the regulations
regulating or restricting the use of water.
Page 3
Sydney Water Amendment (Water Restrictions) Bill 2003
Schedule 1 Amendment of Sydney Water Act 1994
53B Liability for water restriction offences in certain circumstances
(1) Offence
If a water restriction offence occurs on any land and the
identity of the person who committed the offence cannot be
ascertained at the relevant time by an authorised person who
witnessed the commission of the offence, the following are,
subject to this section, taken to be guilty of the offence:
(a) each person who was an owner of the land at the
relevant time,
(b) each person who was an occupier of the land at the
relevant time.
(2) Liability of actual offender not affected
Subsection (1) does not affect the liability of the person who
committed the water restriction offence but, if a penalty has
been recovered from any person in relation to the offence, no
further penalty may be imposed on or recovered from any
other person.
(3) Exception for owner
Subsection (1) (a) does not apply if a person who was an
owner of the land at the relevant time:
(a) gives notice in accordance with subsection (5) of the
name and address of the person who the owner has
reasonable grounds to believe:
(i) committed the offence, or
(ii) was an occupier of the land at the relevant time,
or
(b) satisfies the person specified in the penalty notice or the
court dealing with the offence (as the case requires) that
the owner did not commit the offence and did not know,
and could not with reasonable diligence have
ascertained, the name and address of the person who
was an occupier of the land at the relevant time.
Page 4
Sydney Water Amendment (Water Restrictions) Bill 2003
Amendment of Sydney Water Act 1994 Schedule 1
(4) Exception for occupier
Subsection (1) (b) does not apply if a person who was an
occupier of the land at the relevant time:
(a) gives notice in accordance with subsection (5) of the
name and address of the person who the occupier has
reasonable grounds to believe committed the offence,
or
(b) satisfies the person specified in the penalty notice or the
court dealing with the offence (as the case requires) that
the occupier did not commit the offence and did not
know, and could not with reasonable diligence have
ascertained, the name and address of the person who
committed the offence.
(5) Notice given by owner or occupier
A notice for the purposes of subsection (3) (a) or (4) (a) must
be verified by statutory declaration and:
(a) if a penalty notice has been given for the water
restriction offence--the notice must be given to the
person specified in the penalty notice within 21 days
after service of the penalty notice, or
(b) if a court is dealing with the offence--the notice must
be given to the informant within 21 days after service of
the court attendance notice for the offence.
53C Evidentiary provision
A notice under section 53B (3) (a) or (4) (a), if produced in
any proceedings against the person named in the notice for a
water restriction offence, is evidence that the named person
committed the offence, or was an occupier of the land at the
relevant time, as the case may be.
53D Power of authorised persons to enter land to investigate water
restriction offences
(1) If an authorised person reasonably suspects that a water
restriction offence is being committed on any land (including
any land used for residential purposes), the authorised person
may:
(a) enter the land for the purposes of investigating the
offence, and
Page 5
Sydney Water Amendment (Water Restrictions) Bill 2003
Schedule 1 Amendment of Sydney Water Act 1994
(b) take photographs in connection with the investigation.
(2) The power conferred by this section to enter any land may not
be exercised unless the authorised person:
(a) exercises the power at a reasonable time, and
(b) produces, if requested to do so by the occupier of the
land, the authorised person's identification as an
authorised person.
(3) An authorised person may not, in exercising the power to
enter land:
(a) enter any dwelling or enclosed structure on the land, or
(b) use any force, or
(c) remain on the land for a longer period than is
reasonably necessary in the circumstances.
Page 6
Sydney Water Amendment (Water Restrictions) Bill 2003
Amendment of other legislation Schedule 2
Schedule 2 Amendment of other legislation
(Section 4)
2.1 Land and Environment Court Act 1979 No 204
Section 21 Class 5--environmental planning and protection
summary enforcement
Insert after section 21 (gb):
(gc) proceedings under section 53 of the Sydney Water Act
1994,
2.2 Sydney Water Regulation 2000
[1] Clause 35
Omit the clause. Insert instead:
35 Penalty notice offences
For the purposes of section 50 of the Act:
(a) each offence created by a provision specified in
Column 1 of Schedule 1 is a prescribed offence, and
(b) the penalty prescribed for such an offence if dealt with
under that section is the amount specified in relation to
the offence in Column 2 of that Schedule.
[2] Clause 36 Short description of offence
Omit the clause.
Page 7
Sydney Water Amendment (Water Restrictions) Bill 2003
Schedule 2 Amendment of other legislation
[3] Schedule 1
Insert after clause 37:
Schedule 1 Penalty notice offences
(Clause 35)
Column 1 Column 2
Provision Penalty
Offences under the Act
Section 48 $550
Offences under this Regulation
Clause 17 (3) $220
Page 8
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