Water Services Act 2007


Water services licences.

79.— (1) (a) On or after such date or dates as may be prescribed, a person shall not—

(i) provide water for human consumption from a tanker, or

(ii) otherwise provide water services,

except under and in accordance with a water services licence issued under this Chapter.

(b) Paragraph (a) does not apply to the provision of water in bottles or containers for human consumption, where such provision is in the ordinary course of business.

(c) In this subsection “person” means a person other than a water services authority or a person acting jointly with it or on its behalf under an agreement for that purpose.

(2) The Minister may by regulations provide that subsection (1) shall not apply to the provision of a certain class or classes of water services if and for so long as the person providing such services complies with specified provisions in relation to such provision.

(3) Without prejudice to the generality of subsection (2), regulations under that subsection may specify—

(a) (i) a threshold below which a water services licence will not be required, either based on numbers of people to which water services are provided or a volumetric equivalent, subject to such exceptions as may be specified,

(ii) criteria for determining a level of service equivalent to a specified number of people,

(iii) measures to preclude the separation of water services operations into linked series of smaller schemes for the purposes of evading licence control,

(iv) requirements in relation to notification and registration, monitoring and inspection, drinking water quality and waste water quality standards, water conservation, and provision of information, including the provision of such information and guidance necessary for the purposes of the protection of human health and the environment, in relation to water services to which these regulations apply,

(v) requirements in relation to the treatment, re-use or disposal of by-products arising from the treatment of water and waste water, or

(vi) incidental and ancillary matters,


(b) that a system of notification or registration established under paragraph (a)(iv) shall constitute an agreement for the purposes of section 31(13).

(4) The provision of water services shall, in the period before a licence required under this Chapter is granted or refused, be deemed not to have contravened subsection (1), if—

(a) before the date prescribed under subsection (1) or within one month of a notice under section 80(2) taking effect, as the case may be, an application has been made for a water services licence in accordance with the requirements of this Chapter or regulations thereunder,

(b) an appeal under section 80(3) is being processed, or

(c) on determination by a District Court in accordance with section 80 that a nominated person should apply for a water services licence, an application is made for a licence to the relevant water services authority within 14 days of the date of such determination.

(5) A person who contravenes—

(a) subsection (1), or

(b) a regulation made under subsection (3)(a)(iii), (iv) or (v),

commits an offence.

(6) For the purposes of subsection (1), a person who enters into an agreement, including a legal agreement, with another person for the provision of water services jointly with him or her or on his or her behalf, shall, notwithstanding the agreement, continue to be the person to whom the obligation under that subsection applies in respect of the water services which are the subject of the agreement.