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WATER Permanent Water Saving Plan

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					                                040/080/005




              QNNER     M U ^


                     WATER



     Permanent Water Saving Plan




Approved by:
TlrVTHOLDING MP
Minister for Water

[date]..
                                              Table of Contents


1. Authorising Provision....................................,....................................................^

2. ftirposes.........,..,......................„^

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

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

5. Exemptions from Restrictions or Prohibitions ..................................................7

6. Penalties                                                .                                                 .           8

7     Restrictions and Prohibitions                                                                                       8

SCHEDULE                                                                                                                10
Permanent Water Saving Plan
1.    Authorising Provision
      This Permanent Water Saving Plan is made under Section 170A of the Water Act
      1989.


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 Corporation; 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.
      "Corporation" means the Lower Murray Urban and Rural Water Corporation,,
      trading as Lower Murray Water.
      "domestic and stock use" means
            (a) household purposes; or
             (b) watering of animals kept as pets; or
             (c) watering of cattle or other stock; or
             (d) in the case of the curtilage of a house and any outbuilding, watering an
                 area not exceeding 1.2 hectares for fire prevention purposes with water
                 obtained from a spring or soak or water from a dam; or
             (e) irrigation of a kitchen garden,
             but does not include use for dairies, piggeries, feed lots, poultry or any other
             intensive or commercial use.
      "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.
      "existing non-resldentlal property" means a non-residential property that is
      supplied with potable water by the Corporation on 1 July 2007.
      "fountain or water feature" means any indoor 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. Refer to definition
for trigger nozzle".
"hard surfaces" includes any courtyard, decking, footpath, driveway or other area,
with a concrete, asphalt, brick, tile, bitumen, timber or similar impervious surface.
"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 f o r 'garden'
"mlcrospray" 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.
"new non-residential property" means a non-residential property that is first
supplied with potable water by the Corporation at a date after 1 July 2007
"non daylight saving time" means any period other than when daylight saving time
is in operation.
"non-residential property" means a property where potable water supplied by the
Corporation is used for any purpose other than domestic and stock use.
"public Corporation" 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 Corporation, 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.
 "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.
"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 Corporation.
"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.
      "waterMAP" means water management plan prepared in accordance with
      guidelines for the preparation of such plans issued by the Corporation.
      "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, rotated, supplemented or replaced.
      3.2.4 A reference to a party includes a pemnltted substitute or permitted assign of
            that party.
      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 domestic and stock use water supplied
      to the following Corporation districts (including any property supplied with water by
      the Corporation 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 Corporation, 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:
      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 Corporation 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 Corporation.
5.5   The Corporation, 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 Corporation 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 Corporation or a person authorised under sub-clause 5.6 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 Corporation 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.    P e n a l t i e s ('refer Note).
      1.     The Water Act 1989 makes it an offence:
             (a) to contravene a restriction or prohibition on the use of water imposed
                 under this Plan; and
             (b) to waste, misuse or excessively consume water.


      2.    The act also imposes substantial penalties for such offences, which include
            penalty infringement notices or one or more fines, imprisonment and daily
            penalties.
      3.     The value of each penalty increases each year under the Monetary Units Act
             2004. The current value of each penalty for contravening a restriction or
             prohibition is set out on the Corporation's webstie (www.lmw.vic.aov.au).
      4.     The Corporation has further power to reduce or restrict the supply to a
             person who contravenes the Act or regulations in relation to misuse of, or
             taking water. The Corporation can also disconnect the service to a property
             in relation to which a notice of contravention has been issued and not
             complied with.


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.
7.2   The restrictions and prohibitions in the Schedule do not apply to recycled water
      supplied by the Corporation.
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 Corporation.
•Note
        Section 170F of the Act specifies the circumstances in which a person supplied by the Corporation 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 penally units: and
        (c)       a continuing offence is an additional penalty of 2 penally 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 Corporation in accordance with the Act.
        Further, section 143 of the Act specifies the circumstances In which a person supplied by the Corporation 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 monlhs; 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 Corporation in accordance with the Act.
        Section 141 of the Act also authorises Ihe Corporation in certain crcumstances 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 Corporation 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.
                                       SCHEDULE
           Lower Murray Urban and Rural Water Corporation Permanent Water Saving Plan


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

                              e    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 July 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:

                               e 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 ora bucket.

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 non daylight
'This term Includes lawns          saving time; and

                               •   which is installed on or after 1 July 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 July 2007, no automatic watering system may
                                   be used unless it is fitted with 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.




                                                10
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 isfittedwith 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
                              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.

Non-residential         Water supplied by the Corporation must not be used on an
properties and new      existing non-residential property or a new non-residential
non-residential         property (as the case may be) if one of the following
properties              circumstances applies:

                        (a)    The Corporation gives notice to the occupier of an
                               existing non-residential property that the property
                               received a metered supply of 10 ML or more in the
                               preceding financial year;

                        (b)    The Corporation gives notice to the occupier of a new
                               non-residential property that the Corporation estimates
                               that the property will receive a metered supply of 10 ML
                               or more in the next financial year.

                        Thisrestrictiondoes not apply if the occupier complies with


                                         il
each of the following steps in relation to a waterMAP. The
occupier must:

(c)   register its intention to prepare a waterMAP with the
      Corporation within 1 month of the date of the notice
      referred to in (a) or (b);

(d)   prepare and submit a waterMAP to the Corporation
      within 3 months of registering its intention to prepare a
      waterMAP;

(e)   prepare and submit a report to the Corporation by each
      anniversary of the date on which the waterMAP was
      first submitted, in relation to:

      •   the implementation of the waterMAP; •
          and
      •   water savings achieved through the implementation
          of the waterMAP during the preceding 12 months;
          and

(f)   if requested to do so by the Corporation:

      • review the waterMAP to identity potential changes
         to the waterMAP which may improve future water
         savings at the property; and
      • amend the waterMAP to make any changes
         identified by that review; and
      • submit the amended waterMAP to the Corporation
         within 3 months of the date of the Corporation's
         original request.

The Corporation may only request the occupier to carry out
this reviewing and amending process in respect of the
property once in every 12 month period.




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Description: WATER Permanent Water Saving Plan