Permanent Water Saving Plan201041825423

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					                                                          040/080/005




                           Permanent Water Saving Plan



                                       DRAFT
                                    (RK Draft 28/11/05)




Version: 1                                                         Page 1 of 11
Date printed: 12/12/2005
                                                   Table of Contents



1. Authorising Provision .......................................................................................... 3

2. Purposes................................................................................................................. 3

3. Definitions and Interpretation ............................................................................ 3

4. Application ............................................................................................................ 6

5. Exemptions from Restrictions or Prohibitions.................................................. 6

6. Penalties ................................................................................................................. 7

7      Restrictions and Prohibitions .............................................................................. 7

8      Approval ................................................................................................................ 8

SCHEDULE ................................................................................................................. 9




Version: 1                                                                                                           Page 2 of 11
Date printed: 12/12/2005
Permanent Water Saving Plan
1.        Authorising Provision
          This PWS Plan was prepared pursuant to Section 170A of the Act by the Authority.


2.        Purposes
          The purposes of this PWS Plan are to:

          2.1        set out permanent restrictions and prohibitions on the use of water within
                     specified water districts of the Authority; and

          2.2        specify principles for considering applications for exemption from particular
                     restrictions or prohibitions under this PWS Plan.


3.        Definitions and Interpretation
3.1       In this PWS Plan the following definitions apply:

          “Act” means the Water Act 1989 as amended from time to time.
          “Authority” means the Lower Murray Urban and Rural Water Authority.
          “daylight saving time” means the local time that begins at 2 a.m. Eastern Standard
          Time on the last Sunday in October of each year and ends at 3 a.m. daylight saving
          time on the last Sunday in March of the following year. When daylight saving time
          applies, the local time in Victoria is one hour in advance of Eastern Standard Time.
          “drippers” means an irrigation outlet device installed on the surface or subsurface
          that delivers water at a fixed low rate of flow (<9 litres/hour/metre), near or directly
          onto the plant root zone.
          “existing” means existing at the date this PWS Plan becomes operative.
          ”fountain or water feature” means any indoors or outdoor ornamental
          fountain/water feature:
          (a)        with a volume less than 500 litres and that projects water more than 20 cm
                     from the water outlet; or
          (b)        with a volume greater than 500 litres and that emits water for ornamental
                     purposes.
          “garden” means any ground used for the non commercial cultivation of, or in which
          are situated trees, shrubs, flowers, vegetables, or vegetation of any kind, excluding
          lawn. Refer also to definition for ‘Lawn’.
          “greywater” (also may be referred to as “sullage”) means all household non-toilet
          wastewater. It includes wastewater from showers, baths, spas, hand basins,
          washing machines, laundry troughs, but excludes water from dishwashers and
          kitchen sinks.
          “hand-held hose” means a hose fitted with a trigger nozzle that is held by hand
          when it is used, including high pressure water cleaning devices.
          “hard surfaces” includes any courtyard, decking, footpath, driveway or other area,
          with a concrete, asphalt, brick, tile, bitumen, timber or similar impervious surface.

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Date printed: 12/12/2005
          “high pressure water cleaning device” means a machine which has a pump to
          increase the pressure of the water above that of the water as delivered, from a
          trigger nozzle forming part of the device.
          “lawn” means a stretch of grass-covered land that is usually associated with a
          garden. Refer also to definition for ‘Garden’
          “microspray” means a device that incorporates a nozzle made to emit a fine spray.
          “Minister” means the Minister administering the Act.
          “municipal garden nursery” includes any land primarily used to propagate, grow
          or display plants of any description to be used to enhance public amenity.
          “non daylight saving time” means any period other than when daylight saving time
          is in operation.
          “public authority” means any body:
          (a)        constituted by or under an Act; or
          (b)        exercising powers under an Act,
          for public purposes and includes a municipal council under the Local Government
          Act 1989.
          “public garden” includes any garden, lawn, nature strip, plantation, park or reserve
          (other than a sports ground) managed or controlled by a public authority, but does
          not include a residential or commercial garden.
          “PWS Plan” means this Permanent Water Saving Plan.
          “rain sensor” means a device capable of:
          (a)        sensing a pre-determined level of rainfall; and
          (b)        preventing an automatic watering system from operating by reference to that
                     level of rainfall.
          “recycled water” (may also be referred to as “reclaimed water” as in the EPA
          Victoria’s Guidelines for Environmental Management: Use of Reclaimed Water) is
          treated sewage or industrial effluent, which can be used for various applications
          depending upon the extent of treatment.
          “retail garden nursery” includes any land primarily used to propagate, grow or
          display plants of any description, or their produce (including vegetables) for the
          purpose of sale or other distribution for profit, primarily to the public.
          “rural garden water” means non potable water supplied by the Authority for the
          primary purpose of garden and domestic use.
          “Schedule” means the Schedule that forms part of this PWS Plan and specifies
          restrictions/prohibitions for various designated purposes.
          “season” means summer, autumn, winter or spring.
          “soil moisture sensor” means a device capable of:
          (a)        sensing a pre-determined level of moisture in the soil; and
          (b)        either operating an automatic watering system or preventing it from
                     operating, by reference to that level of moisture.
          “spray” means a device that incorporates a nozzle made to emit a broad spray.



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          “sprinkler” means a fixed pipe or hose system or the like used to distribute,
          disperse, sprinkle or spray water using any manner, method or system for the
          spraying, sprinkling or dispersing of water other than a hand held hose. It also
          includes any automatic watering system fitted with controllers to automatically turn
          the watering system on and off. It does not include misting systems used in the
          commercial propagation of seeds or fogging systems used in the commercial
          poultry industry or micro spray or drip systems.
          “trigger nozzle” means a nozzle controlled by:
          (a)        a trigger which must be depressed continuously, or locked in the “on”
                     position, by hand for water to flow; or
          (b)        a discrete switch which can be turned off or on by hand, with a single
                     movement.
          “urban water” means potable water supplied by the Authority.
          “vehicle” means a conveyance that is designed to be propelled or drawn by any
          means and includes bicycle or other pedal-powered or motor vehicle, trailer, tram,
          air cushion vehicle, train, boat (excluding the motor) or aircraft.
          “watering system” means every component of a system to distribute water to a
          garden, lawn or other vegetation, including sprinklers, sprays, microsprays and
          drippers.
          “watering system - automatic” means a water system capable of being set to turn
          on and off automatically at pre-determined times, without human intervention.
          “watering system - manual” means:
          (a)        a watering system which is not an automatic watering system; or
          (b)        an automatic water system, operated other than automatically.
                     i.e. a system that requires human intervention to be turned on or off.
          “wholesale garden nursery” includes any land primarily used to propagate, grow
          or display plants of any description or their produce (including vegetables) for the
          purpose of sale or other description for profit, primarily to retailers, rather than the
          public.


3.2       In the interpretation of this PWS Plan, the following provisions apply unless the
          context otherwise requires:

          3.2.1 Headings are inserted for convenience only and do not affect the
                interpretation of this PWS Plan.
          3.2.2 A reference in this PWS Plan to any law, legislation or legislative provision
                includes any statutory modification, amendment or re-enactment, and any
                subordinate legislation or regulations issued under that legislation or
                legislative provision.
          3.2.3 A reference in this PWS Plan to any agreement or document is to that
                agreement or document as amended, notated, supplemented or replaced.
          3.2.4 A reference to a party includes a permitted substitute or permitted assign of
                that party.



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          3.2.5 An expression importing a natural person includes any company, trust,
                partnership, joint venture, association, body corporate or governmental
                agency.
          3.2.6 Where a word or phrase is given a defined meaning, another part of speech
                or other grammatical form in respect of that word or phrase has a
                corresponding meaning.
          3.2.7 A word which denotes the singular also denotes the plural, a word which
                denotes the plural also denotes the singular, and a reference to any gender
                also denotes the other gender.
          3.2.8 A reference to the word ‘include’ or ‘including’ is to be construed without
                limitation.
          3.2.9 Any schedule and attachments form part of this document.
          3.2.10 An interpretation that would promote the conservation of water must be
                 preferred to an interpretation that would not promote such conservation.



4.        Application
          This PWS Plan applies to all urban and rural garden water supplied to the following
          Authority districts (including any property supplied with water by the Authority by
          way of a specific agreement):
          •          Sunraysia Urban District – Mildura, Merbein and Irymple areas;
          •          Red Cliffs Urban District;
          •          Red Cliffs Irrigation District;
          •          Merbein Irrigation District;
          •          Millewa Rural District;
          •          Robinvale Urban District;
          •          Robinvale Irrigation District;
          •          Piangal Urban District;
          •          Nyah Urban District;
          •          Nyah West Urban District;
          •          Woorinen South Urban District;
          •          Swan Hill Urban District;
          •          Lake Boga Urban District;
          •          Murrabit Urban District;
          •          Koondrook Urban District; and
          •          Kerang Urban District.


5.        Exemptions from Restrictions or Prohibitions
5.1       The Authority, in its absolute discretion, may:
          5.1.1 prepare, adopt and publish exemptions that may be of a specific or a general
                nature that specify exemptions from restrictions or prohibitions set out in the
                Schedule; and
          5.1.2 amend or revoke any exemptions at any time.
5.2       Without limiting sub-clause 5.1 above, exemptions may set out:


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Date printed: 12/12/2005
          5.2.1 permissible uses of water which are exempted from a restriction or
                prohibition set out in the Schedule, without an application being made under
                sub-clause 5.3 below; and
          5.2.2 the conditions upon which any such exemption is granted.


5.3       A person may apply to the Authority for temporary or permanent exemption from a
          restriction or prohibition imposed by this PWS Plan.
5.4       An application under this clause must be in a form approved by the Authority.
5.5       The Authority, in its absolute discretion, may inform the public about applying for
          exemptions under sub-clause 5.3.
5.6       A person may be authorised in writing by the Authority in accordance with the Act to
          consider applications for exemptions under this PWS Plan. A person so authorised:
          5.6.1 must consider an application for exemption; and
          5.6.2 subject to this clause:
                     (a)   may, in that person’s absolute discretion, grant the application in full or
                           in part and subject to such conditions as that person considers
                           appropriate; or
                     (b)   may in that person’s absolute discretion, refuse the application; and
          5.6.3 may, in that person’s absolute discretion, revoke any exemption at any time,
                by giving written notice to the applicant.
5.7       An exemption granted under this Clause ends upon the giving of written notice by
          the Authority or a person authorised under sub-clause 5.6 to the to the owner
          and/or occupier (as may be relevant) of the land for which the exemption applies.
5.8       A person authorised by the Authority to grant an exemption pursuant to this Clause
          must not grant an exemption in relation to a particular restriction or prohibition
          unless that person is reasonably satisfied that the proposed exemption:
          5.8.1 is necessary to avoid an inequitable and disproportionately adverse impact
                upon the livelihood of the applicant, which would be caused by that
                restriction or prohibition; and/or
          5.8.2 is necessary to avoid any adverse effect on public health or safety; and
          5.8.3 is consistent with any relevant water conservation policy of the Victorian
                Government and/or Commonwealth Government.



6.        Penalties
          Penalties in accordance with Section 170F of the Act may apply in respect of a
          contravention of this PWS Plan (*refer Note).



7         Restrictions and Prohibitions
7.1       A person must not use water in respect of land that is subject to this PWS Plan
          except in accordance with the Schedule, unless subject to an exemption under this
          PWS Plan.


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Date printed: 12/12/2005
7.2       The restrictions and prohibitions in the Schedule do not apply to recycled water
          supplied by the Authority.
7.3       The restrictions in the Schedule do not apply to watering a residential or commercial
          garden with greywater.
7.4       The restrictions in the Schedule do not apply to the use of rainwater collected by an
          occupier of land in a rainwater tank, provided that rainwater within the tank is not
          augmented in any way by water supplied by the Authority.


8         Approval
Approved by the Minister on [date]

[Endorsement by or on behalf of the Minister]



Approved by the Authority on [date]

THE COMMON SEAL of LOWER MURRAY                                    )
URBAN AND RURAL WATER                                              )
AUTHORITY                                                          )
was hereunto affixed in the presence of:                           )



Chairman


Member


Chief Executive Officer


*Note
          Section 170F of the Act specifies the circumstances in which a person supplied by the Authority may be guilty of an offence
          for contravention of a restriction or prohibition imposed under this PWS Plan. The maximum penalties at the date of this PWS
          Plan under section 170F for:
          (a)        a first offence is 10 penalty units; and
          (b)        a subsequent offence is 20 penalty units; and
          (c)        a continuing offence is an additional penalty of 2 penalty units for each day on which the offence continues up to a
                     maximum of 20 penalty units after a notice of contravention is served by the Authority in accordance with the Act.
          Further, section 143 of the Act specifies the circumstances in which a person supplied by the Authority may also be guilty of
          an offence for deliberately causing or negligently allowing water to be wasted, misused or excessively consumed. The
          penalty at the date of this PWS Plan under section 143 for:
          (a)        a first offence is 20 penalty units or imprisonment for 3 months; and
          (b)        a subsequent offence is 40 penalty units or imprisonment for 6 months; and
          (c)        a continuing offence is an additional penalty of 5 penalty units for each day on which the offence continues after the
                     notice of contravention is served by the Authority in accordance with the Act.
          Section 141 of the Act also authorises the Authority in certain circumstances to reduce or restrict the supply to a person who
          contravenes the Act or regulations or by laws in relation to misuse or taking water.
          Section 151 of the Act allows the Authority in certain circumstances to disconnect the service to a property in relation to which
          a notice of contravention has been issued and for which there has not been compliance.




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Date printed: 12/12/2005
                                         SCHEDULE
              Lower Murray Urban and Rural Water Authority Permanent Water Saving Plan


           PURPOSE                              RESTRICTION / PROHIBITION
Gardens and Lawns               An automatic watering system:

                                •    must not be used, except between 10pm and 10am on
                                     any day of the week during daylight saving time and
                                     between 5pm and 10am on any day of the week during
                                     non daylight saving time; and

                                •    which is installed on or after 1 January 2006, must not be
                                     used, unless it is fitted with either a rain sensor, soil
                                     moisture sensor or equivalent device, as part of the
                                     control system.

                                A manual watering system:

                                 •   must not be used, except between 7pm and 10am on any
                                     day of the week during daylight saving time and between
                                     5pm and 10am on any day of the week during non
                                     daylight saving time.

                                At any time, no restriction applies to using a hand-held hose
                                fitted with a trigger nozzle, a watering-can or a bucket.




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Date printed: 12/12/2005
Public Gardens * and        An automatic watering system:
Sports Grounds /
Recreational Areas          •   must not be used, except between 10pm and 10am on
                                any day of the week during daylight saving time and
                                between 5pm and 10am on any day of the week during
*This term includes lawns       non daylight saving time; and

                            •   which is installed on or after 1 January 2006, must not be
                                used, unless it is fitted with either a rain sensor, soil
                                moisture sensor or equivalent device, as part of the
                                control system.

                            On or after 1 January 2007, no automatic watering system
                            may be used unless it is fitted with a rain sensor or soil
                            moisture sensor.

                            A manual watering system:

                            •   must not be used, except between 7pm and 10am on any
                                day of the week during daylight saving time and between
                                5pm and 10am on any day of the week during non
                                daylight saving time.

                            At any time, no restriction applies to using a hand-held hose
                            fitted with a trigger nozzle, a watering-can or a bucket.
Fountains                   A fountain which does not re-circulate water must not be
                            operated at any time.

                            No restriction applies to topping up a fountain at any time,
                            provided that no more water than is reasonably necessary for
                            that purpose is used.

Wholesale, Retail and       No restriction or prohibition applies to watering of plants of any
Municipal Garden            description (including vegetables).
Nurseries

Vehicle Cleaning (all       A hand held hose must not be used at any time to clean a
vehicles)                   vehicle unless it is fitted with a trigger nozzle.

                            A hand held hose must not be used to flush a boat motor,
                            unless it is fitted with an appropriate flushing device designed
                            for that purpose.

Hard Surfaces –             Hard surfaces must not be cleaned with water from a hose
Cleaning                    unless cleaning is required as a result of:
                               • an accident, fire, health hazard or other emergency.
                               • an identifiable safety hazard that has developed, and a
                                  hand held hose fitted with a trigger nozzle or a high
                                  pressure water cleaning device is used;
                               • staining of the surface that has developed, and a hand
                                  held hose fitted with a trigger nozzle or a high pressure


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Date printed: 12/12/2005
                                  water cleaning device is used, and then only once per
                                  season;
                              •   construction or renovation work to the surface and a
                                  high pressure water cleaning device is used.

Construction Industry      A hose must not be used unless it is:
                              • fitted with a trigger nozzle; and
                              • is in good condition and does not leak.




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Date printed: 12/12/2005

				
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Description: Permanent Water Saving Plan201041825423