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WATER (GOVERNANCE) ACT 2006 (NO 85 OF 2006) - SECT 69

By-laws—to include power to serve infringement notices

    (1)     In section 171(1) of the Water Act 1989 for " sections 160 and 161" substitute " section 160".

    (2)     After section 171(1)(b) of the Water Act 1989 insert

    "(ba)     prescribing offences, in respect of contravention of restrictions or prohibitions, set out in 4 stages, on the use of water in the whole or any part of the district of the Authority, for which an infringement notice may be served; and

        (bb)     the infringement penalties for any offence for which an infringement notice may be served; and

        (bc)     prescribing persons or classes of persons for the purposes of serving infringement notices; and".

    (3)     After section 171(2) of the Water Act 1989 insert

    "(3)     An infringement penalty imposed for a contravention of an offence for which an infringement notice may be served under a by-law made under sub-section (1)(ba) must not exceed—

        (a)     for an offence in respect of a stage 1 restriction or prohibition on the use of water, 2 penalty units;

        (b)     for an offence in respect of a stage 2 restriction or prohibition on the use of water, 3 penalty units;

        (c)     for an offence in respect of a stage 3 restriction or prohibition on the use of water, 4 penalty units;

        (d)     for an offence in respect of a stage 4 restriction or prohibition on the use of water, 5 penalty units.".



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