Amendments to the State Penalties Enforcement Regulation

Amendments to the State Penalties Enforcement Regulation

Amendments to the State Penalties Enforcement Regulation
Date: 29-Jun-2017

A few weeks ago a qldwater member advised of a concern with a reference to the Water Supply (Safety and Reliability) Act 2008 in SPER which appeared to be incorrect.  When we raised the matter with DEWS, we were advised that it was an error and a result of amendments made earlier this year to the WS (S&R) Act.  SPER has now been amended  - details here.

The issue relates to service provider water restrictions and the penalties for breaching those restrictions.  SPER provides for 3 penalty units for a standard fine, and defers to higher maximum penalties (S43 of the WS (S&R) Act) in the event the matter is dealt with by a court. 

For practical purposes, any members with written policies which deal with restrictions and penalties may need to update those policies as a result of the amendment.  Where references have been made to SPER Schedule 1 and the Water Supply (Safety and Reliability) Act S43(3), the reference needs to be changed to S43(5).

 

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