Australian Capital Territory

Utilities (Water Restriction Scheme)
Approval 2010 (No 1)

Disallowable instrument DI2010—197

made under the
Utilities Act 2000, s 261 (Regulation making power); Utilities
(Water Conservation) Regulation 2006, reg 9 (Temporary water
restriction scheme - approval)
________________________________________________________________

1. Approval of scheme

I approve the attached temporary water restriction scheme developed by ACTEW Corporation.

2. Revocation

DI 2006 – 212 notified on the legislation register on 14 September 2006 is revoked.

Simon Corbell MLA
Minister for the Environment, Climate Change and Water

30 August 2010

SCHEME OF TEMPORARY RESTRICTIONS ON THE USE OF WATER FROM ACTEW CORPORATION WATER SUPPLY SYSTEM

This Scheme, approved under the Utilities (Water Conservation) Regulation 2006, applies only to water drawn from ACTEW Corporation Limited’s potable water supply system unless the contrary intention appears.  “Potable water” means water within the health and aesthetic values supplied in accordance with the Drinking Water Quality Code of Practice made under the Public Health Act 1997.

When it considers that it is necessary or desirable to do so in order to ensure that, on a medium to longer-term sustainable basis, it is able to meet its obligation under section 84 of the Utilities Act 2000 to supply potable water in accordance with its standard customer contract, ACTEW must:
•	after consultation with the Minister and the Environment Protection Authority; and
•	by reference to the desirability of reducing water usage on an ongoing basis, the source capacity or quality of stored water available to it and/or the level of reduction in current and future water consumption which it considers necessary, 
impose water restrictions under a Stage specified in the table below under Regulation 12 of the Utilities (Water Conservation) Regulation 2006.  

In deciding the target for reduction in water consumption to be achieved and thus which Stage of temporary restrictions should be in force, ACTEW may have regard to:
•	dam storage levels;
•	the time of the year and likely future consumption of water;
•	daily consumption levels in the immediately preceding period;
•	daily consumption levels in corresponding periods in previous years;
•	currently available weather forecasts and other meteorological advice;
•	the desirability of reducing water usage on an ongoing basis;
•	the desirability of avoiding excessive reliance on only one of the ACT’s water catchments;
•	the possibility that, if restrictions do not sufficiently reduce current water consumption, water available for later supply may be of a quality that may cause damage to property; and
•	any other relevant consideration.

When ACTEW considers that continued operation of a Stage of temporary water restrictions is no longer required, ACTEW must revoke the imposition of that Stage of temporary restrictions but may impose another Stage of temporary restrictions if it considers it necessary or desirable to do so.
ACTEW may, whether on application or of its own initiative, grant exemptions or partial exemptions to specified customers, to a specified class of customers, or to all customers, and such exemptions may be expressed to operate for the whole period during which this Scheme is in force or only for a specified period.  Where exemptions are granted, ACTEW shall publish notice of that grant in a daily newspaper circulating in the ACT or otherwise directly notify affected customers or members of a class of affected customers.

Where customers can demonstrate serious detriment from application of this Scheme or a Stage of temporary restrictions, application can be made for an exemption or partial exemption.  Applications for exemption must be made in writing and submitted to ACTEW, provided that ACTEW may agree to accept particular classes of applications by telephone (for example, where medical reasons limit a person’s capacity to make written application).  Exemptions or partial exemptions will only be granted in writing.  Applications should include a statement of the reasons why an exemption or partial exemption is sought and set out, in particular, what serious detriment is claimed will be incurred if the application is not granted.  Without limiting the grounds on which ACTEW might grant an exemption or partial exemption, applications may be granted where there is a compelling health or public hygiene reason or where compliance with temporary restrictions would be likely to cause disproportionate or unintended financial damage to the applicant.

At any time, the ACT Government retains discretion to declare a State of Emergency under the Emergencies Act 2004 under which supply and/or use of water may be restricted to Emergency Use Only.

	Stage 1	Stage 2	Stage 3	Stage 4	
Target Annual Reduction  Relative to Water Conservation Measures 	10%	25%	35%	55%	
	Restrictions on Use	Restrictions on Use	Restrictions on Use	Restrictions on Use	
1.	Private gardens and lawns; commercial nurseries, market gardens and turf-growing businesses	Sprinkler and other irrigation systems can be used to water lawns and plants only between 7am and 10am and between 7pm and 10pm on alternate days as per the “odds and evens” system.
A hand-held hose fitted with a trigger nozzle, a bucket or a watering can may be used at any time.
At all times gardens and lawns may only be watered without causing pooling or runoff.	No sprinkler or other irrigation system, other than a dripper system, may be used.
A hand-held hose fitted with a trigger nozzle, a bucket, a watering can or a dripper system may be used to water lawns and plants between 7am and 10am and between 7pm and 10pm on alternate days as per the “odds and evens” system.
At all times gardens and lawns may only be watered without causing pooling or runoff.	No sprinkler or other irrigation system may be used.
Watering of lawns not permitted.
A hand-held hose fitted with a trigger nozzle, a bucket or a watering can may be used to water plants between 7am and 10am and between 7pm and 10pm on alternate days as per the “odds and evens” system.
At all times gardens may only be watered without causing pooling or runoff.	External watering of lawns and plants only permitted using non-potable water.	
2.	Lawns and plants at parks, sports amenities, golf courses and public gardens	The target of a 10% reduction in water use should be met.
At all times lawns and plants may only be watered without causing pooling or runoff.	The target of a 25% reduction in water use should be met.
At all times lawns and plants may only be watered without causing pooling or runoff.	The target of a 35% reduction in water use should be met.
At all times lawns and plants may only be watered without causing pooling or runoff.	External watering of lawns and plants only permitted using non-potable water.	
3.	Paved areas	Water must not be used to clean paved areas unless necessary as a result of accident, fire, health hazard or other emergency.	Water must not be used to clean paved areas unless necessary as a result of accident, fire, health hazard or other emergency.	Water must not be used to clean paved areas unless necessary as a result of accident, fire, health hazard or other emergency.	Water must not be used to clean paved areas unless necessary as a result of accident, fire, health hazard or other emergency.	
4.	Private ponds and fountains	Only fountains that recirculate water may be operated and they may be topped up only by using a hand-held hose fitted with a trigger nozzle, a bucket or a watering can.  
Ponds may only be topped up using a hand-held hose fitted with a trigger nozzle, a bucket or a watering can.	Fountains must be switched off.
Ponds may only be topped up using a hand-held hose fitted with a trigger nozzle, a bucket or a watering can.	Fountains must be switched off.
Only ponds that support fish may be topped up, and then only using a hand-held hose fitted with a trigger nozzle, a bucket or a watering can.	Fountains must be switched off.
Only ponds that support fish may be topped up, and then only using a hand-held hose fitted with a trigger nozzle, a bucket or a watering can.	
5.	Public ponds and fountains	Existing ponds must not be filled or topped up other than with non-potable water. 
Only existing fountains that recirculate water may be operated and they may be topped up only with non-potable water.
New ponds and fountains may not be filled with any water or used.	Existing ponds must not be filled or topped up other than with non-potable water. 
Only existing fountains that recirculate water may be operated and they may be topped up only with non-potable water.
New ponds and fountains may not be filled with any water or used.	Existing ponds must not be filled or topped up other than with non-potable water. 
New ponds may not be filled with any water.
No fountains may be operated or filled or topped up with any water	Ponds must not be filled or topped up with any water. 
No fountains may be operated or filled or topped up with any water. 	
6.	Private swimming pools 	Existing pools must not be either emptied or refilled without written exemption.
Any pool not previously filled must not be filled without written exemption.
Previously filled pools may be topped up using a hand-held hose.	Existing pools must not be either emptied or refilled without written exemption.
Previously filled pools must not be topped up without a written exemption unless:
(a)	the pool is covered when not in use; and
(b)	topping up is undertaken with a hand-held hose only between 7 am to 10 am or 7 pm to 10 pm on alternate days as per the “odds and evens” system.	Pools must not be emptied, filled or topped up without written exemption.	Pools must not be emptied, filled or topped up without written exemption.	
7.	Public swimming pools	Existing pools must not be either emptied or refilled without written exemption but may be topped up. 
Any pool not previously filled must not be filled without written exemption.	Existing pools must not be either emptied or refilled without written exemption but may be topped up. 
Any pool not previously filled must not be filled without written exemption.
	Pools may not be emptied, filled or topped up without written exemption.	Pools may not be emptied, filled or topped up without written exemption.	
8.	Water storage tanks, dams, and lakes.	Must not be filled or topped up other than with non-potable water.	Must not be filled or topped up other than with non-potable water.	Must not be filled or topped up other than with non-potable water.	Must not be filled or topped up other than with non-potable water.	
9.	Vehicles	If not washed at a commercial car wash, any vehicle should be washed on a lawn or other porous surface wherever practicable and then may only be washed, not more than once per week, by using:
(i) a bucket or watering can;
(ii) a high-pressure low-volume cleaner; or
(iii) a hand-held hose fitted with a trigger nozzle.
No restriction on commercial car wash operations.
Boat motors may be flushed or rinsed after use.	If not washed at a commercial car wash, any vehicle should be washed on a lawn or other porous surface wherever practicable and then may only be used, not more than once per month, by using:
(i) a bucket or watering can;
(ii) a high-pressure low-volume cleaner; or
(iii) a hand-held hose fitted with a trigger nozzle.
Any vehicle may be washed at a commercial car wash only if it recycles water and holds an exemption allowing use of potable water.
Boat motors may be flushed or rinsed after use.	No washing of any vehicle except at a commercial car wash that recycles water and holds an exemption allowing use of potable water.
Boat motors may be flushed or rinsed after use.	No vehicle washing.
Boat motors may be flushed or rinsed after use.	
10.	Windows and buildings	Windows and buildings can be washed at any time but only with a bucket and mop, squeegee or brush or with a high-pressure low-volume cleaner.
Otherwise, water must not be used unless necessary as a result of accident, fire, health hazard or other emergency. 
Building Gutters may be cleaned at any time	No washing unless necessary as a result of accident, fire, health hazard or other emergency, provided that building gutters may be cleaned at any time	No washing unless necessary as a result of accident, fire, health hazard or other emergency, provided that building gutters may be cleaned at any time	No washing unless necessary as a result of accident, fire, health hazard or other emergency, provided that building gutters may be cleaned at any time	
11.	Construction and related activities	Water can only be used for dust or other pollutant suppression by means of a hand-held hose fitted with a flow cut-off device, or a vehicle fitted with sprinklers.
Unless impractical, water may only otherwise be used by means of a hose fitted with a flow cut-off device. 
Wherever practicable non-potable water should be used.	Unless impractical, water may only be used by means of a hose fitted with a flow cut-off device. 
Wherever practicable non-potable water should be used.	Unless impractical, water may only be used by means of a hose fitted with a flow cut-off device. 
Wherever practicable non-potable water should be used.	Only non-potable water should be used unless otherwise exempted in writing.	

Notes:
1.	 “Commercial Nurseries” and “Market Gardens” include any land primarily used to propagate, grow or display plants of any description for the purpose of the sale or other distribution for profit of those plants or the produce of them.  “Turf growing” means the propagation, growth and harvesting of lawn turf for sale.
2.	“Dripper system” means a system that releases water in drips through use of low-pressure drip devices placed on or below the ground in close proximity to the root zones of plants.
3.	“High-pressure low-volume cleaner” means a machine which has a pump to increase the pressure and reduce the flow of water delivered from a trigger nozzle.
4.	“Pooling or runoff” means water that either puddles on, or runs off, the surface of the soil when it is saturated. 
5.	“Paved Area” means an outside area with a concrete, asphalt, brick, tile, bitumen, timber or similar impervious surface (whether or not it is covered by a roof, pergola or other structure), such as a courtyard, decking, footpath, driveway or street.
6.	“Private” means residential, business and non-Government premises.
7.	“Public” means government places and private places operated for public use.
8.	“Sprinkler” and “Irrigation System” means a device or system designed to distribute water, whether by sprinkling, spraying, dripping, weeping or otherwise.
9.	“Trigger nozzle” means a nozzle, attached to a hand-held hose, which is controlled by (a) a trigger which must be depressed continuously or locked open by hand for water to flow; or (b) a discrete switch or button which can be turned on or off by hand with a single or limited movement.
10.	The “odds and evens” system means that, if a street number ends in an odd number (i.e. 1, 3, 5, 7 or 9), water use on days when the date also ends in an odd number.  Similarly, if a street number ends in an even number (i.e. 0, 2, 4, 6 or 8) then water can only be used for a restricted use on days when the date also ends in an even number or on the 31st day of any month.