PART VUSE OF WATER

CHAPTER IDROUGHT

Drought orders

Provisions and duration of drought orderI1138

1

A drought order may contain any of the following provisions—

a

provision authorising any person (including a water undertaker) to take water from any source specified in the order subject to any conditions or restrictions so specified;

b

provision authorising a water undertaker to prohibit or limit the use of water for any purpose specified in the order, being a purpose for the time being set out in a direction given by the Department to water undertakers generally as a purpose which may be specified by virtue of this sub-paragraph in any drought order;

c

provision authorising a water undertaker to discharge water to any place specified in the order subject to any conditions or restrictions so specified;

d

provision authorising DOE to prohibit or limit the taking by any person of water from a source specified in the order if DOE is satisfied that the taking of water from that source seriously affects the supplies available to a water undertaker;

e

provision suspending or modifying, subject to any conditions specified in the order, any restriction or obligation to which a water undertaker or a sewerage undertaker or any other person is subject as respects—

i

the taking of water from any source;

ii

the discharge of water;

iii

the supply of water (whether in point of quantity, pressure, quality, means of supply or otherwise); or

iv

the filtration or other treatment of water;

f

provision authorising DOE to suspend or vary, or attach conditions to, any consent specified in the order for the discharge of any effluent by any person, including any relevant undertaker.

2

The period for which—

a

an authorisation given by or under a drought order;

b

a prohibition or limitation imposed by or under a drought order; or

c

a suspension or modification effected by or under a drought order,

has effect shall expire before the end of the period of 3 months beginning with the day on which the order comes into operation, unless that period of 3 months is extended, in relation to that order, by virtue of the exercise by the Department of its power (subject to paragraph (3)) to amend the order.

3

The power of the Department to amend a drought order shall not be exercised so as to extend the period of 3 months mentioned in paragraph (2) beyond the end of the period of 9 months beginning with the day on which that order came into operation.

4

Without prejudice to the following provisions of this Chapter, a drought order may—

a

make different provision for different cases, including different provision in relation to different persons, circumstances or localities; and

b

contain such supplemental, consequential and transitional provision as the Department considers appropriate.