Australian Capital Territory

Utilities Water Conservation Measures Approval 2006

Disallowable Instrument DI2006–59

EXPLANATORY STATEMENT
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The Utility (Water Conservation) Regulation 2006 made under the Utilities Act 2000, s. 149B provides for the approval of a set of water conservation measures.  

Part 2 of the Utility (Water Conservation) Regulation 2006 provides for the establishment of water conservation measures to ensure conservative use of water.  The measures are necessary or desirable to conserve the water resources of the Territory so as to ensure that the water supplied by the utility is used more efficiently.  

These measures are to be developed by the water utility in consultation with the environment protection authority.  The aim of these measures is not to restrict the use of water but to use water more efficiently.

These water conservation measures will be implemented by ACTEW Corporation Limited and applies only to potable water.  

Attached is a list of areas of water use with the imposed limitation on water use.  The main areas of water use are: private gardens and lawns, lawns and plants at parks, sports amenities, golf courses and public gardens, paved areas, including streets, vehicles and construction activities and related activities.

The consumer may be granted an exemption from the limitation on water use by the water utility.

WATER CONSERVATION MEASURES
This Scheme of Water Conservation Measures is approved under the Utilities (Water Conservation) Regulation 2006.

The limitations on the use of water set out below apply at all times when restrictions are not in force under the Utilities (Water Conservation) Regulation 2006.

This Scheme only applies 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. 

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 customer or members of a class of affected customers.

Where customers can demonstrate serious detriment from application of this Scheme, 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 this Scheme 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.

	Limitation on Use	
1.	Private gardens and lawns (other than at commercial nurseries, market gardens or by turf-growing businesses) 	Sprinkler and other irrigation systems can be used to water lawns and plants only between 6pm and 9am on any day from 1 September to 31 May (inclusive).  
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.	
2.	Lawns and plants at parks, sports amenities, golf courses and public gardens	Sprinkler and other irrigation systems can be used only between 6pm and 9am on any day from 1 September to 31 May (inclusive).  
A hand-held hose fitted with a trigger nozzle, a bucket or a watering can may be used at any time.
At all times lawns and plants may only be watered without causing pooling or runoff.	
3.	Paved areas	A bucket and mop or high-pressure low-volume cleaner can be used to clean paved areas at any time. 
Otherwise, water must not be used to clean paved areas unless cleaning is necessary as a result of accident, fire, health hazard or other emergency. 	
4.	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 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. 
Boat motors may be flushed or rinsed after use.	
5.	Windows and buildings 	Windows may be washed or gutters cleaned at any time.  
Other parts of a building may be washed at any time by using a bucket and mop/brush or a high-pressure low-volume cleaner, unless cleaning is necessary as a result of accident, fire, health hazard or other emergency.	
6.	Construction and related activities	Water can only be used for dust or other pollutant suppression by means of a 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.	

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.	“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.
3.	“Pooling or runoff” means water that either puddles on, or runs off, the surface of the soil when it is saturated.
4.	“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.
5.	“Private” means residential, business and non-Government premises.
6.	“Public” means government places and private places operated for public use.
7.	“Sprinkler” and “Irrigation System” means a device or system designed to distribute water, whether by sprinkling, spraying, dripping, weeping or otherwise.
8.	“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.