Clause 8

A person must not carry out, or cause to be carried out, any works for the purpose of relocating any water installation or altering any water installation (including by replacing the water installation with another water installation) belonging to or under the management or control of the Board (called in this section the original water installation), except in accordance with this section.(2) The Board’s approval for the works must be obtained before the works start.(3) An application for the Board’s approval must be submitted to the Board with the plans for the works and any other information or document required by the Board, in the form and manner required by the Board.(4) The Board may grant an approval under subsection (2) subject to any conditions the Board thinks fit, including any of the following:

for the water installation at the new location or the altered water installation (as the case may be) to have a higher or lower capacity than the original water installation, whether or not the water installation at the new location or the altered water installation serves the premises at which it is situated;

the transfer of ownership to the Board of any water installation or any part of the water installation at the new location or the altered water installation, and any other structure, appurtenance or apparatus that is constructed or installed in connection with the relocation or alteration;

the provision by a person mentioned in subsection (8) to the Board, whether by assignment or otherwise —

of any warranty against defects that become apparent within the period specified in the condition, in the water installation at the new location or the altered water installation, or in any structure, appurtenance or apparatus mentioned in paragraph (b); and

of any undertaking to make good any such defects at the costs and expenses of the person providing the warranty.(5) Where the Board grants an approval under subsection (2), the costs and expenses of the Board for the following matters must be borne jointly and severally by the persons mentioned in subsection (8):

any inspection by the Board of works being carried out and of the water installation at the new location or the altered water installation;

the commissioning of the water installation at the new location or the altered water installation, including for any water used in the course of the commissioning;

the decommissioning of the original water installation.(6) A person who carries out, or causes to be carried out, any works mentioned in subsection (1) for which the Board’s approval under subsection (2) has not been obtained shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.(7) Where any works mentioned in subsection (1) have been or are being carried out for which the Board’s approval has not been obtained, or any condition imposed by the Board under subsection (4) has been contravened, the Board may serve on any person mentioned in subsection (8) a written notice directing any of the following:

to immediately stop any of the works, either indefinitely or for a period specified in the notice;

to carry out any works that the Board thinks necessary for any of the following:

to remove any water installation;

to make good the original water installation to its original state and condition; (iii)to replace any water installation at the new location or the altered water installation with another water installation;

to make good any defects in the water installation at the new location or the altered water installation, or any structure, appurtenance or apparatus, that would have been covered by any warranty or undertaking mentioned in subsection (4)(c);

to take any measures that the Board thinks necessary to comply with any condition imposed under subsection (4) that has been contravened.(8) A written notice mentioned in subsection (7) may be served on all or any of the following persons:

any person carrying out or who carried out the works for the purpose of relocating or altering the original water installation;

any person causing or who caused to be carried out the works for the purpose of relocating or altering the original water installation.(9) All costs and expenses incurred by a person in complying with a written notice mentioned in subsection (7) must be borne by the person.(10) Where a person on whom a written notice mentioned in subsection (7) has been served fails to comply with the notice, an authorised officer may, at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises at which the works mentioned in subsection (1) are being or have been carried out, enter the premises and execute any works and take any measures needed to secure compliance with the written notice, but without affecting any proceedings (whether criminal or otherwise) that may be taken against that person under this Act.(11) Without affecting the Board’s right to exercise its powers under subsections (10) and (14), a person who, without reasonable excuse, fails to comply with a written notice served on the person under subsection (7) shall be guilty of an offence.(12) Nothing in this section prohibits the Board from carrying out —

any works mentioned in subsection (1) at any person’s request; or

any works or measures specified in any written notice mentioned in subsection (7) at the request of the person on whom the written notice was served,upon the person’s undertaking to pay the Board’s costs and expenses in carrying out the works or measures.(13) Nothing in subsection (12) imposes on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to carry out the works or measures mentioned in that subsection.(14) The Board may recover as a debt due to it —

the costs and expenses under subsection (5) from the person mentioned in that subsection;

any costs and expenses reasonably incurred by the Board under subsection (10) from any person who failed to comply with a written notice served on the person under subsection (7); and

any costs and expenses reasonably incurred by the Board under subsection (12) from the person who made the request to the Board.”.