Public Utilities Act 2001 · 2020 Revised Edition · Part 3 · Water Undertaking of Board
40. Water efficiency requirements for new facilities
Feedback & supportLast amended by an amending law of 2023.
This section applies to a new facility —
that is to be or has been built for the purpose of carrying on a specified business activity that falls within a prescribed industry; and
the operation of which is for a purpose that requires an annual water use (determined in accordance with a prescribed method or a method that satisfies the prescribed criteria) that equals or exceeds the prescribed threshold.
The person proposing to build the new facility must obtain the Board’s approval for the projected water balance chart for the new facility before the start of any building works for the new facility.
Board
“Board” means the Public Utilities Board reconstituted under the Public Utilities Act in force before 1 April 2001 and continued by section 3;
A person who fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.
Where the Board’s approval is not obtained in accordance with subsection (2), the Board may serve on any person building the new facility a written notice directing the person to obtain the Board’s approval for the projected water balance chart for the new facility, within the period specified in the notice.
To avoid doubt, the Board may serve more than one written notice on the same person, so long as the Board’s approval for the projected water balance chart has not been obtained in accordance with subsection (2) or any written notice previously served on any person under subsection (4).
A person who fails to comply with a written notice under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.
The occupier of the new facility must ensure that the operation of the new facility satisfies the prescribed water efficiency requirements applicable to the new facility.
occupier
“occupier” means the person in occupation of any premises and includes the person having the charge, management or control of the premises either on the person’s own account or as agent of another person, but does not include a lodger;
The Board may, in any particular case, waive or modify any prescribed water efficiency requirement applicable to a new facility if the Board is satisfied, on a written application by the occupier or owner of the new facility, that there are good reasons to do so.
To avoid doubt —
where any prescribed water efficiency requirement applicable to a new facility is waived by the Board under subsection (8), the reference to prescribed water efficiency requirements in subsection (7) does not include the requirement so waived as from and including the date on which the waiver takes effect; and
where the prescribed water efficiency requirements applicable to a new facility are modified by the Board under subsection (8), the reference to prescribed water efficiency requirements in subsection (7) is a reference to the requirements so modified as from and including the date on which the modification takes effect.
A person who fails to comply with subsection (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40,000.
Regulations made under section 72 in connection with any annual water use, prescribed threshold or prescribed water efficiency requirements for the purposes of this section may make different prescriptions for —
different industries; and
different types or descriptions of new facilities, or new facilities differently situated.
In this section —
“building works” has the meaning given by section 2(1) of the Building Control Act 1989;
control
“control” includes control as a result of, or by means of, any trust, agreement, arrangement, understanding or practice, whether or not having legal or equitable force and whether or not based on legal or equitable rights;
“new facility” means a building or structure —
for which an application is made on or after 1 January 2024 —
for planning permission under the Planning Act 1998; or
for approval of plans for building works under the Building Control Act 1989; and
which is for the purpose of carrying on —
a new specified business activity of a person; or
an expansion of any existing specified business activity of a person;
“projected water balance chart”, in relation to a new facility, means a chart showing all of the following when the new facility is operating at its designed capacity:
the projected amount of water entering the new facility;
the projected amount of water being used for the activity or every activity (as the case may be) of the specified business activity that involves the use of water;
the projected amount of water leaving the new facility;
“specified business activity” means an activity, or a series of activities (including ancillary activities), that involves the use of water in the course of business operations;
“water efficiency requirements” includes requirements for the recycling of used water.