Public Utilities (Water Supply) (Amendment) Regulations 2023

No. S 904

Public Utilities Act 2001

Public Utilities
(Water Supply) (Amendment)
Regulations 2023

In exercise of the powers conferred by section 72 of the Public Utilities Act 2001, the Public Utilities Board, with the approval of the Minister for Sustainability and the Environment, makes the following Regulations:

Citation and commencement

1. These Regulations are the Public Utilities (Water Supply) (Amendment) Regulations 2023 and come into operation on 1 January 2024.

Amendment of regulation 2

2. In the Public Utilities (Water Supply) Regulations (Rg 5) (called in these Regulations the principal Regulations), in regulation 2, after the definition of “PUB S&R Standard”, insert —

“ “PUB S&R Standard for Water Efficiency” means the document known as “PUB’s Stipulated Standard & Requirements on Mandatory Water Efficiency Requirements” published by the Board, as in force from time to time;”.

Amendment of regulation 38

3. In the principal Regulations, in regulation 38, delete paragraph (6).

New regulation 38A

4. In the principal Regulations, after regulation 38, insert —

“Late payment charges

38A.—(1) Where —

(a)	a reminder mentioned in regulation 38(5) has been issued by the Board or the agent of the Board to a consumer to make payment in accordance with a bill sent to the consumer relating to any water supplied to the consumer; and
(b)	any amount stated in that bill for any matter in paragraph (2) remains unpaid by the consumer upon the issue of the next bill to the consumer,

then a late payment charge of 1% of the amount remaining unpaid is payable by the consumer.

(2) A matter for purposes of paragraph (1) is any of the following:

(a)	the price mentioned in regulation 3(1) of the Public Utilities (Tariffs for Water) Regulations (Rg 7) for the water supplied (including any amount mentioned in regulation 3(2) of those Regulations equivalent to the goods and services tax chargeable on the supply of the water and payable as part of the price);
(b)	any waterborne tax under section 20 of the Act relating to the water supplied;
(c)	any water conservation tax under section 20A of the Act relating to the water supplied;
(d)	any other fee or charge imposed under the Act, including any late payment charge imposed under paragraph (1).”.

Amendment of regulation 40A

5. In the principal Regulations, in regulation 40A —

(a)

delete the definition of “specified water fitting”; and

(b)

after the definition of “undercounter dishwasher”, insert —

“ “water device” means any of the following:

(a)

a tap and mixer;

(b)

a flushing cistern;

(c)

a urinal flush valve;

(d)

a water-closet flush valve;

(e)

a waterless urinal;

(f)

a clothes washing machine intended for household use;

(g)

a washer extractor (other than for household use) that is —

(i)	designed to be loaded or unloaded through an opening in the front of the washer extractor; or
(ii)	designed to be loaded or unloaded through an opening in the top of the washer extractor;

(h)

a dishwasher intended for household use;

(i)

a dishwasher (other than for household use) that is of any of the following types:

(i)	a hood dishwasher;
(ii)	an undercounter dishwasher;

(j)

a high pressure washer other than for any of the following uses:

(i)	household use;
(ii)	steam cleaning or hot water pressure washing;
(iii)	washing equipment or vehicles;”.

Amendment of regulation 40B

6. In the principal Regulations, in regulation 40B —

(a)

replace the definition of “chief executive” with —

“ “chief executive”, in relation to a consumer or person proposing to build a facility, means any individual, however described, who is in the direct employment of, or acting for or by arrangement with, the consumer or person (as the case may be), and is principally responsible for the management and conduct of the business operations of the consumer or person in relation to the facility;”;

(b)

after the definition of “construction site”, insert —

“ “new facility” has the meaning given by section 40(12) of the Act;”; and

(c)

after the definition of “private meter”, insert —

“ “projected water balance chart” has the meaning given by section 40(12) of the Act;”.

New Division 4 and new Division 5 heading of Part IVA

7. In the principal Regulations, after regulation 40K, insert —

“Division 4 — New facilities

Prescribed matters for purposes of section 40

40KA. For the purpose of section 40 of the Act —

(a)	a prescribed industry is an industry specified in the first column of Part 1 of the Fifth Schedule; and
(b)	the prescribed threshold in relation to an annual water use is 60,000 cubic metres, determined in accordance with the method set out in the PUB S&R Standard for Water Efficiency.

Board’s approval of projected water balance chart

40KB. An application for the Board’s approval under section 40(2) of the Act for a projected water balance chart for a new facility must —

(a)

be submitted to the Board by the person proposing to build the new facility in the form specified by the Board;

(b)

be prepared by a person who has obtained a Certificate of Proficiency issued by the Board for the Water Efficiency Manager course;

(c)

be accompanied by —

(i)	the projected water balance chart; and
(ii)	a declaration by the person mentioned in paragraph (b) that the person prepared the application; and

(d)

be endorsed by the chief executive of the person proposing to build the new facility.

Water efficiency requirements for new facility

40KC.—(1) For the purpose of section 40(7) of the Act, the prescribed water efficiency requirements applicable to a new facility in a prescribed industry are specified in the second column of Part 1 of the Fifth Schedule opposite the prescribed industry.

(2) The prescribed water efficiency requirements apply in relation to each year for which the following requirements are satisfied:

(a)

the year is the fourth or subsequent year after the year in which the temporary occupation permit for the new facility is granted under section 12(3) of the Building Control Act 1989;

Illustration

A temporary occupation permit is granted in respect of a new facility in 2025. The year that is the fourth year after the year in which the temporary occupation permit is granted is 2029.

(b)

the occupier of the new facility is a qualifying consumer for the new facility for that year.

Waiver or modification of prescribed water efficiency requirements

40KD.—(1) An application under section 40(8) of the Act for a waiver or modification of any prescribed water efficiency requirement for a new facility must —

(a)	be in the form specified by the Board;
(b)	state the reasons why the new facility is unable to comply with the prescribed water efficiency requirement; and
(c)	include or be accompanied by any documents and information supporting the reasons.

(2) The Board may grant a waiver or modification for any prescribed water efficiency requirement generally or for a specified period.

Division 5 — Exceptions

”.

Amendment of Third Schedule

8. In the principal Regulations, in the Third Schedule, in item 1 —

(a)	in paragraph (1)(a)(i), replace “$2,889” with “$3,161”;
(b)	in paragraph (1)(a)(ii), replace “$6,420” with “$6,976”;
(c)	in paragraph (1)(a)(iii), replace “$9,416” with “$9,592”;
(d)	in paragraph (2)(a), replace “$16.05” with “$16.35”;
(e)	in paragraph (2)(b), replace “$72.225” with “$73.58”; and
(f)	in paragraph (3), replace “$0.535” with “$0.55”.

New Fifth Schedule

9. In the principal Regulations, after the Fourth Schedule, insert —

“FIFTH SCHEDULE

Regulations 40KA(a) and 40KC(1)

Part 1

Prescribed Industries and Prescribed Water
Efficiency Requirements for section 40 of Act

First column

Second column

Prescribed industry

Prescribed
water efficiency requirement

1. Biomedical and Pharmaceutical

(1)	Manufacture of cell, tissue or gene therapy products